HomeMy WebLinkAbout2019-06-03 BOS Packet - Released SELECTMEN'S MEETING
Monday, June 3, 2019
Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
7:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580
if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing- Liquor License Transfer- Mass Lex, LLC d/b/a Clay Oven Indian 7:05 p.m.
Restaurant
2. Approval for LexHAB to Accept Gift of Land with Building- 77 Wood Street 7:10 p.m.
3. Communications Advisory Committee Up d ate 7:15 p.m.
4. Temp o rary P ub lic S afety C o mmunic atio ns &AT&T P o le P lac ement 7:2 5 p.m.
5. Proposal for Zoning Changes Along Hartwell Avenue 7:35 p.m.
6. Approve Fiscal Year 2020 Cost-of-Living Adjustment for Non-Represented 7:55 p.m.
Employees
7. Review Requests from Sustainable Lexington Committee to Send Letters 8:00 p.m.
• Letter to State Board of Building Regulations and Standards (BBRS)
advocating for a Net Zero Stretch Code
• Letter to Governor Baker and Public Comments for DOER regarding the
Alternative Portfolio Standard (APS) and the burning of biomass and garbage
inc ineratio n
8. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc 8:15 p.m.
Committee Update
9. Town Manager Reappointments 8:20 p.m.
10. Approve and Sign Proclamation- Coach Bill Tighe's 95th Birthday 8:25 p.m.
11. Selectmen C o mmitte e Appointment 8:3 0 p.m.
CONSENT AGENDA
1. Water and Sewer Commitments
2. Approve One-Day Liquor Licenses
3. Approve Meeting Minutes
ADJOURN
1. Anticipated Adjournment 8:40 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Thursday, June 13,
2019 at 5:00 p.m. in Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LezTedia
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Public Hearing- Liquor License Transfer - Mass Lex, LLC d/b/a Clay Oven Indian
Restaurant
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.1
SUMMARY:
The Selectmen's Office has received all the necessary paperwork for the transfer of liquor lic ens e at 1666
Massachusetts Ave, from Group R, Inc d/b/a Lexx Restaurant to Mass Lex, LLC d/b/a Clay Oven Indian
Restaurant.
The proposed Manager,Anuradha Kap o o r, will be at the meeting in case you have any questions.
SUGGESTED MOTION:
Move to approve the transfer of liquor license at 1666 Massachusetts Ave, from Group R, Inc d/b/a Lexx
Restaurant to Mass Lex, LLC d/b/a Clay Oven Indian Restaurant.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 7:05 p.m.
ATTACHMENTS:
Description Type
Alcokofic Beverages Control Commission
95 Fourtk Street,Suite 3,, Chelsea.,AU 02150-2358
WWW.Mass-govlabcc
APPLICATION FOR A TRANSFER OF LICENSE
Municipality
11.TRANSACTION INFORMATION R Pledge of Inventory Change of Class
Mx Transfer of License Dg Pledge of License Change of Category
M Alteration of Premises to Pledge of Stock Change of License Type
F1 Change of Location R Other W 2 ONLY,ea."club'to'restaurant'l
r7 Management/Operating Agreement I
Please provide a narrative overview of the transaction(s)being applied for.On-premises applicants should also provide a description of
the intended theme or concept of the business operation.Attach additional pages,if necessary.
Uroup HIF 1 ffic.do- a LAXX remuram is selling Irs interest To MaSSLeXX L CUM Uay Uven inalarl Kesmur-W in order to Wren aTull servics
Indian Restaurant at 1666 Massachusetts Avenue Lexington, MA 02420
2. LICENSE CLASS IFICATION INFORMATION
N/OFF-PREMISES TYPE CATgfiORY CWS
on-Premises-12 7] f§712 Restaurant All Alcoholic Beverages Annual
3. BUSINESS ENTITY.,INFORMATION
The entity that will be issued the license and have operational control of the premises.
Current or Seller's license Number 000 2S-Rs-0612 EIN 83-3846896
00
Entity Name KtLss te�4, IL
DBA 'Clay Oven Indian Restaurant Manager of Record Anuradha Kapoor
Street Address 10 Butterfield Road, Lexington, Ma 02420
Phone 1617-435-9100 Email Isor.abhOmasala-art.com
Add'I Phone 617-803-6702 Website
4. DESCRIPTION OF PREMISES
Please provide a complete description of the premises to be licensed,including the number of floors,number of rooms on each floor,any
outdoor areas to be included in the licensed area,and total square fbotage.If this application alters the current premises,provide the
specific changes from the last approved description. You must also submit a floor plan.
The Restaurant mnliconsists of 120 seats on the first floor o-&-a- multi tenant building in a-3800 s-q'space.there is additional---
outdoor seasonal patio seating consisting of 18 seats.The only proposed changes are cosmetic to the interior.
Tcft I Sq.Footage 3800 Seating Capacity 120 Occupancy Number 120
Number of Entrances 3 Number of Exits 3 Number of Floors E
Se URRENT OFFICERS,STOCK OR OWNERSHIP INTER
Transferor Entity Name Gro I up R Inc.d/b/a Lexx Restaurant By what means is the Purchase
license being
transferred?
List the*Individuals and entities of the current ownership. Attach additional pages if necessary utilizing the format low.
it fb be
Name of Principal Title/Position Percentage of Ownership
1
Donald Rosenberg President 1100
F 1 - I
Name of Principal Title/Position Percenta.
!9e of Ownershi
Christopher Bateman Chief Operating Officer 0
Name of Principal Title/Position Percentage of Ownership
E [ 11 1
Name of Principal Title/Position Percents of Ownership
I
Name of Principal
Title/Position Percentage of Ownership
6. PROPOSED OFFICERS STOCK OR OWNERSHIP INTEREST
List all Individuals or entities that will have a direct or Indirect.,beneficial or financial interest In this license(E.g.Stockholders,Officers,
Directors,LLC Managers,LLP Partners..Trustees etc.).,Attach additional,page(s)provided,if necessary..utilizing Addendum A.
# The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State.
* The individuals identified In this section,as well as the proposed Manager of Record,must complete a CORI Release Form.
* Please note the following statutory requirements for Directors and 11C Managers:
On Promises(L9.Restaurant/aubffilotel)Directors or LLC Managers -At least 50%must be US citizens;
Off Premises(Liquor Store)Directors or LLC Managers -All must be US citizens and a majority must be
Massachusetts residents.
e If you are a Multi-Tiered Organization,,please attach a flow chart identifying each corporate interest and the individual owners of
each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A.
Name of Pri cipal Residential Address SSN
DOB
nuradha Kmoo r 10 Butterfield Road Lexington, MA 02420
Title and or Position Percentage of Ownersh! Director/LLC Manager US Citizen MA Resident
President 100 Yes r No ro Yes No Yes ( No
Name of Principal Residential Address SSN DOB
gora apoor 10 Butterfield Road Lexington, MA 02420
Title and or Position Percentsge of Ownerrsh! Director/LLC Manager US Citizen MA Resident
General Manager 0 Iroyes rNo I ro Yes r No (*'Yes ( No
Name of Pdricipi Residential Address
SSN DOB
IL --III I I
Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
('-Yes ( No ] IrYes rNo I ( Yes ( No
Name of Principal Residential Address SSN DOB
Title and.or Position Percelntaqe of Ownershi Director/LLC Manager US Citizen MA Resident
Yes r N r Yes r No Er I
:o:l E(-%:- Yes r No
6,..PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST(Continued...1
I
Name of Principal Residential Address SSN DOB
Title and or Position je of Ownersh* Director/rcentac LLC manager US Citizen MA Resident
Yes r No Yes No ( Yes ( No
Name of Principal Residential Address SSN DOB
E 1E E:
Title and or Position Percentaqe of Ownershi Director/LLC manager US Citizen E MA Resident
- ----1 E-:" - Er, -Ye C'`Yes C No r Yes C No (' s No
Name of Principi Residential Address SSN DOB
r%
Title and or Position Percentage-of Ownershi Director/LLC Manager us Citizen MA Resident
C Yes r No C Yes C No C Yes C No
Additional pages attached? r Yes re No
CRIMINAL HIMRY
Has any individual listed In question 6,and applicable attachments,ever been convicted of a r Yes Ce No
State,Federal or Military Crime?If yes,attach an affidavit providing the details of any and all convictions.
MANAGEMENT A GREEMW
Are you requesting approval to utilize a management company through a management agreement? r Yes ro No
Please provide a copy of the management agreement.
6A,INTERE. IN AN A=HQLIC RVEMGES UCENS
ST
Does any individual or entity identified in question 6,and applicable attachments, have any direct or Indirect,,beneficial or financial
interest in any other license to sell alcoholic beverages? Yes d No If yes,list in table below.Attach additional pages,if
.of*
necessary,utilizing the table format below.
Name License Type License Name Municipality
6B,*j!8EYjQjjSLY HELD INTERLq]N AN AMHOLIC BEVEMfiES LLCENSE
Has any Individual or entity identified identified In question 6,and applicable attachments,ever held a direct or Indirect,beneficial or
financial interest in a license to sell alcoholic beverages,which is not presently held? Yes No F1
If yes,list in table below.Attach additional pages,If necessary,utilizing the table format below.
Name License Type License Name -,-Municipality
DISCLOURE QE UQ N- SE DIMPUNARY AC"QIM,
Have any of the disclosed licenses listed in question 6Aor 6B ever been suspended,revoked or cancelled?
Yes [:] No Z If yes,list in table below.Attach additional pages,If necessary,utilizing the table format below.
Date of Action Name of License city Reason far suspension,revocation or cancellation
I CORPORATE.URUCTURE
Entity Legal Structure LLC Date,of,Incorporation, 3/25/2019
State of Incorporation IMassachusetts Is the Corporation publicly traded?# ryes Co No
8. OCCUPANCY OF PREMISES
I>lease complete all fields in this section. Please provide proof of legal occupancy of the premises.
• If the applicant entity owns the premises,a deed is required.
• If leasing or renting the premises,a signed copy of the lease Is required.
• If the lease Is contingent on the approval of this license,and a signed lease Is not available,a copy of the unsigned lease and a letter
ofinterittolease,v signed ned by the applicant and the landlord,is required.
• If the real estate and business are,ow.ned,by the,same.Individuals,listed.in 4uestion.6,ear_individually or through separate
business entities,a signed copy of a lease between the two entities is required.
Please indicate by what means the applicant will occupy the premises Lease
Landlord Name Letrigton Square Trust I
Landlord Phone I Landlord Email
Landlord Address He Uoncord Farras 490 Virginia KOad Concora, 01 Im
Lease Beginning Date lAug Is 2019 Rent per Month 10,713
Lease Ending Date Aug 31,2030 Rent per Year 1289556
Will the Landlord receive revenue based on percentage of alcohol sales? ( Yes No
99 APPLICATION CONTACT
The application contact Is the person who the licensing authorities should contact regarding this application.
Name 18orabh Kapoor Phone
Title. General Manager
Email.
So. FINANCIAL.DISCLOSURE
A.Purchase Price for Real Estate
B.Purchase Price for Business Assets 2209000
C.Other*{Please specify
�,q,0 00a *Other.(i.e.Costs associated with License Transaction including
but not limited to:Property price,Business Assets, Renovations
D.Total Cost 3609000 costs,Construction costs,Initial Start-up costs, Inventory costs,or
° specify other costs):"
SOURCE OF CASH CONTRIBUTION
Please provide documentation of available funds.(E.g.Bank or other Financial institution Statements,Bank Letter,etc.)
Name of Contributor Amount of Contribution
Anuradha Kapoor 54;000
Leader Bank 3069000
Total 3600000
50.URCE.,'t2„I .,FINANQN!5
Please provide signed financing documentation.
Name of Gender Amount Type of Financing Is the lender a licensee pursuant
to IVI.G.L.Ch.13$.
Leader Bank 3061000 SBA Loan . Yes ro Yes No
r Yes r No
r Yes r No
r Yes r No
FINANCIAL INFORMATION
Provide a detailed explanation of the form(s)and source(s)of funding for the cost identified above,
quiretsusiness sse %%0zzU,UUU
Leasehold Improvements:$40,400
Other Startup Costs: $319500
Working Capitol: $68,000 Total:$360,000
11. PLEDGE INFORMATION
Please provide signed pledge documentation.
Are you seeking approval for a pledge'r;Yes C""'No
Please indicate what you are seeking to pledge(check all that apply) � License M Stock Inventory
To whom is the pledge being made? Leader Bank
5
r 4%"W
A.t�ANAOHR INFORMAMN
The individual that has been appointed to manage and control the licensed business and premises.
Proposed Manager Name Anuradha Kapor Date of Birth SSN
Residential Address 10 Butterfield Road, LeAngton, MA 02420
Email Phone
Please indicate how many hours per week you Intend to be on the licensed premises 60-60
B....ClT1ZENSHlP/BACKGftQUND INEQRMATION
Are you a U.S.Citizen?* re Yes r No *Manager must be a US.Citizen
If yes,attach one of the following as proof of citizenship US Passport,Voter's Certificate,,Birth Certificate or Naturalization Papers.
Have you ever been convicted of a state,federal,or military crime? r Yes ro No
tf yes,fill out the table below and attach an affidavit providing the details of any and all convictions.Attach additional pages,If necessary,
utilizing the format below.
Date Municipality Charge Disposition
Cl,EMPLQY.MEKlL4EO.R.M,nO.N
Please provide your employment history.Attach additional pages,if necessary,utilizing the format below.
Start Date End Date Position Employer Supervisor Name
08/2003 Presort Manager Sai Restaurant, Inc. Vinod Kapoor
D.PRIOR DISCIPLINARY ACI]ON
Have you held a beneficial or financial interest in,,or been the manager of,a license to sell alcoholic beverages that was subject to
disciplinary action? r Yes Go No If yes,please fill out the table.Attach additional pages,if necessaryutilizing the format below.
Date of Action Name of incense State City Reason for suspension,revocation or cancellation
I hereby swear under the pains and penalties of perjury that the information I have provided in this appliwdon is true and accurclte.-
Manager's Signature,, Date
ADDITIONAL INFORMATION
Please utilize this space to provide any additional information that will support your application or to clarify any answers
provided above.
40 MW a MMON"NWW wqp VP 0 "P "W WON
•
nuradha Kapoor El El K I the: sole proprietor; partner,, corporate principal; LLC ALP manager
Authorized Signatory
A a a in--
WN400~194im.
of
Name of the Enft/Corporation
hereby submit this application(hereinafter the Application"),to the local licensing authority(the"Iw)and the Alcoholic
Beverages Control Commission(the"ABCC"and together with the LLA collectively the"Licensing Authorities")for approval.
I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted In the
Application,and as such affirm that all statements and representations therein are true to the best of my knowledge and belief.
I further submit the following to be true and accurate:
(1) 1 understand that each representation in this Application is material to the Licensing Authorities'decision on the
Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying
documents in reaching its decision;
(2) 1 state that the location and description of the proposed licensed premises are in compliance with state
and local laws and regulations;
(3) 1 understand that while the Application is pending,I must notify the Licensing Authorities of any change in the
information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in
disapproval of the Application;
(4) 1 understand that upon approval of the Application., I must notify the Licensing Authorities of any change in the
ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the
Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted;
(5) [ understand that the licensee will be bound by the statements and representations made in the Application,including,
but not limited to the identity of persons with an ownership or financial interest in the license;
(5} 1 understand that all statements and representations made become conditions of the license;
It
(7) 1 understand that any physical alterations to or changes to the size of the area used for the sale,delivery,storage,or
consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval
of the Licensing Authorities;
(8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and
representations made in the Application may result in sanctions,including the revocation of any license for which the
Application was submitted;and
(9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or
sanctions including revocation of any license for which this Application is submitted.
(10) 1 confirm that the applicant corporation and each individual listed in the ownership section of the application is in
good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth
relating to taxes.,reporting of employees and contractors.,and withholding and remitting of child support.
MIND
Signature: Date: 5/1/2019
Title: lPresident, MassLem LLC
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approval for LexHAB to Accept Gift of Land with Building - 77 Wood Street
PRESENTER:TER• ITEM
S
NUMBER:
Pat Nelson,Attorney
I.2
SUMMARY:
Attached please find a deed from George Summers, the owner of 77 Wood Street to the LexHAB Board to
be used as an affordable housing unit. This is being gifted as a life estate whereby Mr. Summers would live in
the home for the remainder of his life, at which time the deed would transfer to LexHAB.
SUGGESTED MOTION:
Move to approve acceptance of the gift of the property at 77 Wood Street by LexHAB.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 7:10 p.m.
ATTACHMENTS:
Description Type
QUITCLAIM DEED
I, George J. Surnmers, unmarried of Lexington, Middlesex Cou nty, Commonwealth of
Massachusetts, for co nsid ratio n of 1.0 0 (Ore dollar)paid
Grant to The Lexington Housing Assistance Board, Inc. "L AHAB" , a Massachusats
not-for-profit with offices located at 1620 Massachusetts Avenue, Suite 4, Lexington,
Massachusetts,
WITH QUITCLAIM COVENANTS
The land with the buildings thereon eon in Lexington, Middlesex South County, Massachusetts.,
known as 77 wood Street, bounded and described as follows:
SOUTHWESTERLY-. by Wood Street, one hundred 1 0 feet
NORTHWESTERLY-. by lot 32, as shown on a plan hereinafter mentioned, one hundred and
twenty five feet l . ;
NORTHEASTERLY: by other land now w or formerly of Lexington Construction Company, Inc.,
as shown on s ai d p 1 an, one hundred 1 0 feet;
SOUTHEASTERLY-. by Lot 30 as shorn on said plan; one hundred twenty-five (1 feet:
Containing 12,500 square feet of land and being shown as Lot 31 on a plan dated February 9,
1950, by Albert A. Miller and Wilbur C.Nyland r, C.E., recorded with Middlesex South District
in Book 7 # Page 400.
Being the same premises conveyed to the grantor hereof`by deed of Thomas G. Morrow, on Jun
7, 1976, recorded in Middlesex x South Register of Deeds,Book 12997, Page 0 17.
Reserving to the Grantor, George J. Summers, however, a life estate in the above said premises
during the remainder of`his lifetime, during which time the said George J. Summers shall her
the exclusive right to occupy the premises, to lease, let or license the same, and he shall be
entitled to all rents, fees or profits generated from said 1 i fe estate, but without the aright t
part iti on. During s al d Grantors' 11 fetime, h e s ha l 1 b car the co st o f a l l insuranc e, mai ant n ance
fees, charges and expenses Mlating to the premises and he shall pay all taxes assessed or imposed
with respect thereto, and all principal and interest on any mortgages thereon. No notice to,or
assent by, the Grantees in this instrument or their assigns shall be necessary in connection with
any exercise of the rights retained by Grantor(s) in this instrument.
WrrNESS ni,y ha,nd atid seal thiS day, of A I''()
G,
J'. S-q�llri,,iners,
C 0'M"MON WEALTH OF MA.S SAC',["i USEUI,
Middlesex, ss,
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0 I'l t"'11 I S dayof". 2019, befti,re the'undc.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Communications Advisory Committee Update
PRESENTER: ITEM
NUMBER:
Dave Becker, Communications
Advisory Committee I.3
SUMMARY:
The RCN Cable Television License with the Town of Lexington is set to expire on June 30, 2019. David Becker
will provide Board an update on the Communication Advisory Committee's proposed changes for the RCN
License renewal and the next steps.
SUGGESTED MOTION:
N/A
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 7:15 p.m.
ATTACHMENTS:
Description Type
F OR REF]Jq1Z I�NC:I., ,(:)(.') RC.N 1::..icen e 11ickup Material
E) 19C,O.R11 "��RINC:��a � 7 ,i , .���fyrerit to 2OO �-CW,. I icen .3cackur)Material
Corrected 6/3/19
Major Changes Requested - RCN 2019 Renewal License — 1 of 2
Town Need Request to RCN Result
Increase Internet Replace current 50 RCN will add 1 gbps
bandwidth mbps Internet Internet connection,
connection with 1 and also allow Town
gbps connection to retain current 50
and: mbps connection.
(a) I ncrease
bandwidth at annual The Town will plan
rate of about 40% to acquire another
over the 1 0-year Internet connection
term, or, when additional
(b) Provide a bandwidth is
second 1 gbps needed, using
connection halfway Network
through the term. Improvement funds
Improve reliability of Add another All RCN Internet
Internet access Internet connection, traffic goes through
with geo-diverse Arlington. Town will
origin plan to acquire
additional Internet
connection from an
RCN competitor
Provide additional RCN agrees to use
block of 64 IPv4 best efforts
addresses
Corrected 6/3/19
Major Changes Requested - RCN 2019 Renewal License — 2 of 2
Town Need Request to RCN Result
Control cost of Prevent charges RCN agreed
added I-Net due to RCN's hub
connections move from
Lexington to
Arlington
Protect against Explicit statement Discussions
prospective that I-Net, PEG continue
unfavorable FCC channels, free
ruling that in-kind cable, LexMedia
support is fibers are not
considered part of included in the 5%
the 5% "Franchise
Fee"
-Town of Lexington.Cabl e Television Renewal License Granted to RCN-B ec oC om, Inc.-
June 22, 2009
CABLE TELEVISION
RENEWAL LICENSE
GRANTED To
RCN-BECOCOM, INC.
THE BOARD of SELECTMEN
TOWN of LEXINGTON,
MASSACHUSETTS
JUNE 22, 2009
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
TABLE OF CONTENTS
Article/Section Page
ARTICLE1 DEFINITIONS.............................................................................................. 1
Section1.1—DEFI ■ITIONS..........................................a...............0............................... 1
ARTICLE 2 GRANT of RENEWAL LICENSE............................................................. 7
Section 2.1---GRANT OF RENEWAL LICENSE......................................................... 7
Section 2.2---TERM of RENEWAL LICENSE........................................................... 7
Section 2.3---NON-EXCLUSIVITY of RENEWAL LICENSE.................................. 7
Section 2.4---POLICE AND REGULATORY P
Section 2.5---REMOVAL OR ABANDONMENT........................................................ 8
Section 2.6---TRANSFER OF THE RENEWAL LICENSE......................................... 8
Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION........................ 9
ARTICLE 3 SYSTEM DESIGN..................................................................................... 10
Section 3.1---SUBSCRIBER NETWORK................................................................... 10
Section 3.2--- INSTITUTIONAL NETWORK............................................................. 10
Section 3.3---PARENTAL CONTROL CAPABILITY............................................... 12
Section 3.4----EMERGENCY ALERT OVERRIDE CAPACITY................................ 12
Section 3.5---SYSTEM TECHNICAL SPECIFICATIONS ........................................ 12
ARTICLE 4 CABLE SYSTEM LOCATION AND OPERATIONAL STANDARDS.. 13
Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS .................................. 13
Section 4.2---LOCATION of CABLE TELEVISION SYSTEM............................... 13
Section 4.3—UNDERGROUND FACILITIES ........................................................... 13
Section 4.4-__TREE TRIMMING................................................................................. 14
Section 4.5---RESTORATION TO PRIOR CONDITION.......................................... 14
Section 4.6---TEMPORARY RELOCATION.........................................................0... 14
Section 4.7----DIS CONNECTION AND RELOCATION........................................a... 14
Section 4.8---SAFETY STANDARDS ........................................................................ 14
Section4.9---PEDESTALS .......................................................................................... 15
Section 4.1 0---PRIVATE PROPERTY........................................................................ 15
Section 4.11---RIGHT To INSPECTION of SYSTEM............................................. 15
Section 4.12—CABLE SYSTEM MAPS..................................................................... 15
Section 4.13---SERVICE INTERRUPTION................................................................ 16
Section 4.14---SERVICE OUTAGE NOTIFICATION............................................... 16
Section 4.15---COMMERCIAL ESTABLISHMENTS ............................................... 16
Section4.16---"DIG SAFE" ......................................................................................... 16
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 221,2009
.ARTICLE 5 SERVICES AND PROGRAMMING........................................................ 17
Section5.1---BA SIC SERVICE................................................................................... 17
Section 5.2---PROGRAMMING.................................................................................. 17
Section 5.3-----LEASED CHANNELS FOR COMMERCIAL USE............................ 17
Section 5.4----VCRIDVR CABLE COMPATIBILITY............................................... 17
Section5.5---SC L1NG...................................................................................... 17
Section 5.5---CONTINUITY OF SERVICE................................................................ 18
Section 5.7---FREE DROPS:AND MONTHLY SERVICE TO PUBLIC BUILDINGS
...........................................................................................,............. ..........................0... 18
Section 5.8---FREE DROPS AND MONTHLY SERVICE TO PUBLIC SCHOOLS 18
Section 5.9----PROVISION OF INTERNET SERVICE TO THE TOWN................... 19
ARTICLE 5 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
FACILITIES AND SUPPORT.........................................................................................20
Section 6.1—PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS....6... 20
Section 6.2----PEG ACCESS CORPORATION......................................................sees.20
Section 6.3---PEG ACCESS CHANNELS....................................................6..............21
Section 6.4---PEG ACCESS CHANNELS MAINTENANCE..................................a.21
Section 6.5---PEG ACCESS CABLECASTING ......................................................... 21
Section6.6---CENSORSHIP..............................................................................6......... 22
.ARTICLE 7 LICENSE FEES...........................................................@ e............................. 23
Section 7.1---LICENSE FEE PAYMENT................................................................6... 23
Section 7.2---PEG ACCESS/CABLE-RELATED FUNDING.................................... 23
Section 7.3---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS ............... 24
Section 7.4---LATE PAYMIJNT..................................................................................24
Section 7.5---RECOMPUTATION..............................................................................24
Section 7.6---AFFILIATES USE OF SYSTEM,..............o.-o........................................25
Section 7.7---METHOD OF PAYMENT.....................................................................25
ARTICLE 8 RATES AND CHARGES........................................................................... 26
Section 8.1---RATE REGULATION........................................................................... 25
Section 8.2---NOTIFICATION OF RATES AND CHARGES................................... 25
Section 8.3---PUBLICATION AND NON-DISCRIMINATION................................ 26
Section 8.4---CREDIT FOR SERVICE INTERRUPTION ......................................... 25
Section 8.5----SENIOR CITIZEN DISCOUNT............................................................ 25
.ARTICLE 9 INSURANCE AND BONDS...................................................................... 28
Section 9.1—INSURANCE............. 28
Section 9.2---PERFORMANCE BOND....................................................................... 29
Section9.3---REPORTING.......................................................................................... 29
Section 9.4---INDEMNIFICATION.............................................................................29
Section 9.5----NOTICE OF CANCELLATION OR REDUCTION OF COVERAGE 30
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
ARTICLE 10 ADMINISTRATION AND REGULATION............................................ 31
Section 10.1—REGULATORY AUTHORITY........................................................... 31
Section 10.2---PERFORMANCE EVALUATION HEARINGS................................. 31
Section 10.3---INFORMATION&LIAISON REQUIREMENTS.............................. 31
Section 10.4---NONDISCRIMINATION..................................................................... 32
Section 10.5----EMERGENCY REMOVAL OF PLANT............................................. 32
Section 10.5---REMOVAL AND RELOCATION....................................................... 32
Section 1.0.7---JURISDICTION AND VENUE........................................................... 32
Section 10.8---LOCAL,TAX INFORMATION........................................................... 33
ARTICLE 11 DETERMINATION OF BREACH, LIQUIDATED DAMAGES,
LICENSEREVOCATION............................................................................................... 34
Section 11.1---DETERMINATION OF BREACH...................................................... 34
..
Section 11.2---LIQUIDATED DAMAGES ............................... ..:............................. 35
Section 11.3---REVOCATION OF THE RENEWAL LICENSE................................ 36
Section11.4---TERMINATION................................................................................... 36
Section 11.5---NOTICE TO TOWN OF LEGAL ACTION........................................ 35
Section 11.6---NON-EXCLUSIVITY OF REMEDY.................................................. 35
Section 11.7---NO WAIVER-CUMULATIVE REMEDIES.......................:............... 37
ARTICLE 12 SUBSCRIBER!LIGHTS AND CONSUMER PROTECTION................ 38
Section 12.1---PAYMENT CENTER........................................................................... 38
Section 12.2---TELEPHONE ACCESS ....................................................................... 38
Section 12.3—INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME...... 38
Section 12.4---FCC CUSTOMER SERVICE OBLIGATIONS................................... 39
Section 12.5---BUSINESS PRACTICE STANDARDS .............................................. 39
Section 12.6---COMPLAINT RESOLUTION PROCEDURES..................................40
Section 12.7---DAMAGE OR LOSS OF EQUIPMENT 40
Section 12.8---REMOTE CONTROL DEVICES ........................................................40
Section 12.9---LOSS OF.S ERV ICE-SIGNAL QUALITY.......................................... 40
Section 12.10----EMPLOYEE IDENTIFICATION CARDS........................................ 41
Section 12.11---PROTECTION OF SUBSCRIBER PRIVACY .................................41
Section 12.12----PRIVACY WRITTEN NOTICE........................................................41
Section 12.13---MONITORING...................................................................................42
Section 12.14---DISTRIBUTION OF SUBSCRIBER INFORMATION.................... 42
Section 12.15---INFORMATION WITH RESPECT TO VIEWING HABITS
AND SUBSCRIPTION DECISIONS...........................................................................42
Section 12.15----SUBSCRIBER'S RIGHT TO INSPECT AND VERIFY
INFORMATION...........................................................................................................43
Section 12.17---PRIVACY STANDARDS REVIEW.................................................43
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
ARTICLE 13 REPORTS, AUDITS AND PERFORMANCE TESTS ...........................44
Section13.1---GENERAL............................................................................................44
Section 13.2---FINANCIAL REPORTS ......................................................................44
Section 13.3---CABLE SYSTEM INFORMATION.................................................... 44
Section 13.4---IN-HOUSE TELEPHONE REPORTS.................................................44
Section 13.5-r--SUBSCRIBER COMPLAINTISERVICE INTERRUPTION REPORT
....................................................................................................................................... 44
Section 13.6---INDIVIDUAL COMPLAINT REPORTS............................................45
Section 13.7---PERFORMANCE TESTS....................................................................45
Section 13.8---QUALITY OF SERVICE.....................................................................45
Section 13.9---DUAL FILINGS...................................................................................46
Section 13.10---ADDITIONAL INFORMATION.......................................................46
Section 13.11---INVESTIGATION........................:.....................................................46
ARTICLE 14 EMPLOMENT.......................................................................................47
Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY....................................... 47
Section 14.2---NON-DISCRIMINATION...................................................................47
ARTICLE 15 MISCELLANEOUS PROVISIONS......................................................... 48
Section 15.1---EN7IRE AGREEMENT.......................................................................48
Section15.2----CA.PTIONS.......................................................................................:...48
Section15.3---SEP ILITY................:................................................................. 48
Section 15.4---ACTS OR OMISSIONS OF AFFILIATES..........................................48
Section 15.5-__RENEWAL LICENSE EXHIBITS ......................................................48
Section15.6---WARRANTIES ....................................................................................48
Section 15.7---FORCE NWEURE.............................................................................. 49
Section 15.8---REMOVAL OF ANTENNAS..............................................................49
Section 15.9---SUBSCRIBER TELEVISION SETS ................................................... 49
Section 15.10---APPLICABILITY OF RENEWAL LICENSE...................................49
Section15.11---NOTICES.....................................................................................**seats 49
Section 15.12---NO REC OURS E AGAINST THE ISSUING AUTHORITY............ 50
Section 15.13---TOWN'S RIGHT OF INTERVENTION............. 50
Section15.14---TERM ................................................................................................. 50
w
V
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
LIST OF EXHIBITS
Exhibit Page
E-
EXHIBIT 1 FCC TECHNICAL SPECIFICATIONS........................................................ 2
EXHIBIT 2 GENERAL DESCRIPTION OF THE LEXINGTON INSTITUTIONAL
NETWORK......................................................................................................................... 5
EXHIBIT 3 CURRENT INSTITUTIONAL NETWORK LOCATIONS......................... 6
EXHIBIT 4 FUTURE INSTITUTIONAL NETWORK LOCATIONS............................ 7
EXHIBIT 5. DEDICATED FIBER LINK CONNECTIONS TO ACCESS STUDIO ...... 8
EXHIBIT 6 THREE-PARTY INSTITUTIONAL NETWORK AGREEMENT............... 9
EXHIBIT 7 PROGRAMMING AND INITIAL SIGNAL CARRIAGE..................a...... 11
EXHIBIT 8 FREE DROPS AND MONTHLY SERVICE TO PUBLIC BUILDINGS . 12
EXHIBIT 9 FREE DROPS AND MONTHLY SERVICE TO SCHOOL BUILDINGS 13
EXHIBIT 10 GROSS ANNUAL REVENUES REPORTING FORM........................... 14
EXHIBIT 11 207 CMR 10.00 BILLING AND TERMINATION OF SERVICE............ 15
EXHIBIT 12 FCC CUSTOMER SERVICE OBLIGATIONS........................................ 19
EXHIBIT 13 MAS SACHUUSETTS COMPETITION DIVISION FORM 500...............23
Vl
-Town of Lexington Cable Television Renewal License Crranted to RCN-BecoCom, Inc.-
June 22, 2009
AGREEMENT
This Cable Television Renewal License entered into this 22nd day of June, 2009, by
and between the Board of Selectmen of the Town of Lexington, Massachusetts, as
Issuing Authority for the renewal of the cable television license(s)pursuant to.M.G.L. c.
166A, and RCN-BecoCom, Inc. ("RCN").
WITNESSETH
WHEREAS, the Issuing Authority of the Town of Lexington, Massachusetts,pursuant
to M.G.L. c. 1 66A, is authorized to grant one or more nonexclusive cable television
renewal licenses to construct, operate and maintain a Cable Television System within the
Town of Lexington; and
WHEREAS, the Issuing Authority conducted a public ascertainment hearing in the
Town, on March 26, 2009,pursuant to Section 626(a) of the Cable Act, to (1) ascertain
the future cable-related community needs and interests of Lexington, and(2)review the
performance during the current license term.
NOW THEREFORE, in consideration of the mutual covenants herein contained and
intending to be legally bound, the parties agree as follows:
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-Town of Lexington Cable Television Renewal License Granted to RCN-B ecoCom, Inc.-
June 22, 2009
ARTICLE 1
DEFINITIONS
Section 1.1---DEFINITIONS
For the purpose of this Renewal License, the following words, terms, phrases and their
derivations shall have.the meanings given herein, unless the context clearly requires a
q
different meaning. When not inconsistent with the context, the masculine pronoun
includes the feminine pronoun, words used in the present tense include the future tense,
words in the plural number include the singular number and words in the singular number
include the plural number. The word shall is always mandatory and not merely directory.
(1)Access: The right or ability of any Lexington resident and/or any persons affiliated with
a Lexington institution to use designated facilities, equipment and/or channels of the Cable
Television System, subject to the conditions and procedures established for such use.
(2) Access Channel: A video channel which the Licensee shall make available without
charge, -for the purpose of transmitting programming by members of the public, Town
departments and agencies, public schools, educational, institutional and similar
organizations.
(3) Access Corporation: The entity, designated by the Issuing Authority from time to time,
for the purpose of operating and managing the use of public, educational and governmental
access funding, equipment and channels on the Cable Television System.
(4) Access Studio: The studio., operated by the Issuing Authority or its designated Access
Corporation, from which Public, Educational and Governmental programming is provided-
to the designated Access Channels on the Cable Television System. The Access Studio is
currently located at 1001 Main Campus Drive (Kline Hall), Lexington, MA.
(5) Affiliate or Affiliated Person: Another person who owns or controls, 1s owned or
controlled by, or is under common ownership or control with, such person.
(6) Basic Service: Any service tier that includes the retransmission of local television
broadcast signals.
(7) CMR: The Code of Massachusetts Regulations.
(8) Cable Communications Act (the "Cable Act'T Public Law No. 98-549, 98 Stat. 2779
(1984) (the Cable Communications Policy Act of 1984), as amended by Public Law No.
102-3859 106 Stat. 1460(1992) (the Cable Television Consumer Protection and Competition
Act of 1992 (the "1992 Cable Act"), as further amended by Public Law No. 104-458, 110
Stat. 110(1996) (the Telecommunications Act of 1996).
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-Town of Lexington Cable Television Renewal License granted to RCN-BecoCom, Inc.-
June 22,2009
(9) Cable Service: The one-way transmission to Subscribers of video programming or other
programming services, together with Subscriber interaction, if any,which is required for the
selection of such video programming or other programming services, which the Licensee
may make avai lab le to all Subscribers generally.
(10) Cable Television System or Cable System: A facility, consisting of a set of closed
transmission paths and associated signal generation,reception, and control equipment that is
designed to provide Cable Service which includes, video programming and which is
provided to multiple subscribers within the Town.
(11) Commercial Subscriber: A commercial, non-residential Subscriber to Cable Television
Service.
(12) Communications Advisory Committee ("CAC"): The Town's cable advisory
committee appointed by the Issuing Authority as its rim designee on" Cable
primary �
Television matters and, in the absence of explicit language to the contrary in any Town
cable television license or any applicable statute, regulations, etc., the Town entity
authorized to act on behalf of the Issuing Authority with regard to any Town cable
television license.
(13) Competition Division: The Competition Division of the Massachusetts'Department
De artment
of Telecommunications and Cable
(14) Complaint: Any written{ or verbal contact with the Licensee in connection with
subscription in which a Person expresses dissatisfaction with an act, omission, product or
service that is (1) within the Licensee's control, and(2)requires a corrective measure on the
part of the Licensee.
(15) Converter: Any device altering a Signal coming to a Subscriber. A Subscriber
Converter may expand reception capacity and/or unscramble coded Signals distributed over
the Cable-System.
(16) Department of Public works ("DPW"),. The Department of Public works of the Town
of Lexington,Massachusetts.
(17)Downstream Channel: A channel over which Signals travel from the Cable System
Headend to an authorized recipient of programming.
(18) Drop or Cable Drop: The coaxial cable that connects each home or building to the
feeder line of the Cable System.
(19)DVR: The acronym for Digital Video Recorder.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(20) Educational Access Channel: A specific channel(s) on the Cable System made
available by the Licensee to educational institutions and/or educators wishing to present
non-commercial educational programming and information to the public.
(21) Effective Date of Renewal License(the "Effective Date"): July 1, 2009.
(22)FCC: The Federal Communications Commission, or any successor agency.
(23) Feeder Line: A branch off one of the Town-wide.distribution cable trunks that-feeds
a small area or neighborhood.
(24) Geographic Information System ("GIS"): A computer-based system that
incorporates storage of mapping and feature location data for a geographical area and
analysis and display of this data as requested by a user.
(25) Government Access Channel: A specific channel(s) on the Cable System made
available by the Licensee to the Issuing Authority and/or its designees for the presentation of
non-commercial programming and/or information to the public.
(26) Gross Annual Revenues: All revenues derived by the Licensee and/or its Affiliates
from the carriage of Signals over the Cable Television System for the provision of Cable
S ervice(s) including, without limitation: the distribution of any Service over the Cable
System; Basic Service monthly fees; all other Service fees; any and all Cable Service fees
and/or Cable Service charges received from Subscribers; installation, reconnection,
downgrade, upgrade and any similar fees; all digital Cable Service revenues, interest
earned on Subscriber fees and/or charges; fees paid on all Subscriber fees; all
Commercial Subscriber revenues; fees paid for channels designated for commercial use;
fees paid on all Subscriber fees ("fee-on-.fee"); Converter, remote control and other
equipment rentals, and/or leases or and/or sales; all home-shopping service(s) revenues;
and advertising revenues. In the event that an Affiliate is responsible for advertising,
advertising revenues shall be deemed to be the pro-rata portion of advertising revenues,
paid to the Cable System by an Affiliate for said Affiliate's use of the Cable System for
the carriage of advertising. Gross Annual Revenues shall also include the Gross Revenue
of any other Person that is derived directly or indirectly from or in connection with the
-operation of the Cable System to the extent that.said revenue is derived, through a means
that has the effect of avoiding payment of License Fees to the Town that would otherwise
be paid herein. Gross Annual Revenues shall not include actual bad debt that is written off;
provided, however, that all or any part of any such actual bad debt that is written off, but
subsequently collected, shall be included in Gross Annual Revenues in the period so
collected.
(27) Headend: The electronic control center of the Cable System containing equipment that
receives, amplifies, filters and converts incoming Signals for distribution over the Cable
System.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(28) Hub or Hub Site: Asub-Headend, located within the Town of Lexington, used either
for the purpose of (i) Signal processing or switching, or (ii) placement of a fiber node,
microwave link or transportation super trunk.
(29) Institutional Network ("I-Net"): The dedicated fiber-optic network for the use of the
Issuing Authority, its designees and Town departments.
(30)Internet: The world-wide system of interconnected computer networks.
(31)Issuing Authority: The Board of Selectmen of the Town of Lexington,
Massachusetts.
(32) Leased Channel or Leased Access: A video channel that the Licensee shall make
available pursuant to Section 612 of the Cable Act.
(33) License Fee or Franchise Fee: The payments to be made by the Licensee to the Town
of Lexington, which shall have the meaning as set forth in Section 622(g) of the Cable Act
and M.G. L. Chapter 166A.
(34) Licensee: RCN-BecoCom,-Inc. or any successor or transferee in accordance with the
terms and conditions in this Renewal License.
(35) Normal Business Hours: Those hours during which most similar businesses in the
community are open to serve customers. In all cases, Normal Business Hours must include
some evening hours at least one(1)night per week and/or some weekend hours.
(36) Origination Capability An activated cable and connection to an Upstream Channel,
allowing a User(s)to transmit a Signal(s)upstream to a designated location.
(37) Outlet: An interior recepta�le that connects Subscriber or User equipment to the Cable
System or the I-Net.
(38) Pay Cable or Premium Services: Programming delivered for a fee or charge to
Subscribers on aper-channel basis.
(39) Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a
per-program or per-event basis.
(40) Pedestal: An environmental protection unit used in housing Cable Television System
isolation units and/or distribution amplifiers.
(41) PEG: The acronym for "public, educational and governmental," used in conjunction
with Access Channels, support and facilities.
(42) PEG Access Channels: A�iy channel(s) made available for the presentation of PEG
Access Programming.
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-Town of Lexington Cable Television Renewal License Granted to RCN--BecoCom, Inc.-
June 22,2009
(43) Person: Any corporation, partnership, limited partnership, association, trust,
organization,other business entity, individual or group of individuals acting in concert.
(44)Prime Rate: The prime rate of interest at Bank of America.
(45) Public Access Channel: A specific channel(s) on the Cable. System made available by
the Licensee for the use of Lexington residents and/or organizations wishing to present non-
commercial programming and/or information to the public.
(46) Public way or Street: The surface of, as well as the spaces above and below, any and
all public streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels,
parks,parkways,waterways,bulkheads,piers, dedicated public utility easements, and public
grounds or waters and all other publicly owned real property within or belonging to the
Town, now or hereafter existing. Reference herein to "Public way" or "Street" shall not be
construed to be a representation or guarantee by the Town that its property rights are
sufficient to permit its use for any purpose, or that the Licensee shall gain or be permitted to
exercise any rights to use property in the Town greater than those already possessed by the
Town.
(47) Renewal License: The non-exclusive Cable Television Renewal License to be granted
to the Licensee by this instrument.
(48) Scrambling/encoding: The electronic distortion of a Signal(s) in order to render it
unintelligible or unreceivable without the use of a Converter, or other Licensee-enabled
decoding device.
(49) Service: Any Basic Service, any Pay Cable Service, which is offered to any Subscriber
in conjunction with,or which is distributed over,the Cable System.
(50) Signal: Any transmission of electromagnetic or optical energy that carries
Programming from one location to another.
(51) State: The Commonwealth of Massachusetts.
(52) Subscriber: Any Person, firm, corporation or other entity who or which elects to
subscribe to, for any purpose, a Service provided by the Licensee by means of, or in
connection with,the Cable Television System.
(53) Subscriber Network: The minimum 860 MHz network to be owned and operated by the
Licensee, over which Signals can be transmitted to Subscribers.
(54)Town: The Town of Lexington,Massachusetts.
(55)Town Counsel: The Town Counsel of the Town of Lexington,Massachusetts.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(56) Town Headend: A location within the Town of Lexington where local I-Net switching
and I-Net to Internet communications switching are performed, currently located at the
DPW building at 201 Bedford Street in Lexington MA.
(57) Trunk and Distribution System: That portion of the Cable System for the delivery of
Signals,but not including Drop cables to Subscriber's residences.
(58)Upstream Channel: A channel over which Signals travel from an authorized location to
the Cable System Headend.
(59).User: A Person utilizing the Cable Television System, including all related facilities for
purposes of production and/or transmission of electronic or other Signals as opposed to
utilization solely as a Subscriber.
(60)VCR: A video cassette recorder.
(61) Video Programming or Programming: Pro provided b , or generally
g Y g Y
considered comparable to programming provided'by, a television broadcast station.
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-Town of Lexington Cable Television Renewal License granted to RCN-BecoCom,Inc.-
June 22,2009
ARTICLE 2
GRANT OF RENEWAL LICENSE
Section 2.1----GRANT of RENEWAL LICENSE
Pursuant to the authority of Chapter 166A of the General Laws of the Commonwealth
of Massachusetts, and subject to the terms and conditions set forth herein, the Board of
Selectmen of the Town of Lexington, Massachusetts, as the Issuing Authority of the
Town, hereby grants a non-exclusive cable television renewal license to the Licensee
authorizing the Licensee to lawfully operate and maintain a Cable Television System
within the corporate limits of the Town of Lexington.
This Renewal License is subject to the terms and conditions contained in Chapter 166A of
the laws of Massachusetts, as amended; the regulations of the FCC;the 1984 Cable Act;the
1992 Cable Act; and all lawful Town, State and federal statutes and by-laws of general
application.
Subject to the terms and conditions herein,the Issuing Authority hereby grants to the
Licensee the right to lawfully operate and maintain a Cable Television System in,under,
over, along, across or upon the Streets, lanes, avenues, alleys, sidewalks,bridges,highways
and other public places under the jurisdiction of the Town of Lexington within the
municipal boundaries and subsequent additions thereto,including property over, under or on
p
which the Town has an easement or right-of-way, for the purpose of reception,transmission,
collection, amplification, origination,distribution,and/or redistribution of Signals in
accordance with the laws of the United States of America,the Commonwealth of
Massachusetts and the Town of Lexington. In exercising rights pursuant to this Renewal
License, the Licensee shall not endanger or interfere with the lives of Persons,interfere with
any installations of the Town, any public utility serving the Town or any other Persons
permitted to use Public Ways and places.
Grant of this Renewal License does not establish priorityfor use over other resent or
p
future permit holders or the Town's own use of Public Ways and places.Disputes between
the Licensee and other patties regarding use of Public Ways and places shall be resolved in
accordance with any applicable regulations of the Department of Public Works("DPW")
and any special laws or Town ordinances enacted hereafter.
Section 2.2---TERM OF RENEWAL LICENSE
The term-of this Renewal License shall be a ten(10) year term, commencing on July 1,
2009 and expiring on June 30, 2019, unless sooner terminated as provided herein or
surrendered.
Section 2.3---NON-EXCLUSIVITY OF RENEWAL LICENSE
This Renewal License shall not affect the right of the Issuing Authority to grant to any
other Person a license or right to occupy or use the streets, or portions thereof, for the
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-Town of Lexington Cable Television Renewal License Granted to.RCN-BecoCom, Inc
June 22, 2009
construction, upgrade, installation, operation or maintenance of a cable television system
within the Town of Lexington; or the right of the Issuing Authority to permit the use of
the Public Ways and places of the Town for any purpose whatsoever. The Licensee
hereby acknowledges the Issuing Authority's right to make such grants and permit such
uses. The issuance of additional license(s) shall be subject to applicable federal law(s),
M.G.L. Chapter 166A and applicable regulations promulgated thereunder.
Section 2.4--=-POLICE AND REGULATORY POWERS
By executing this Renewal License, the Licensee acknowledges that its rights are
subject to the powers of the Town to adopt and enforce general by-laws necessary to the
safety and welfare of the public. The Licensee shall comply with all DPW regulations
and any by-laws enacted by the Town. Any conflict between the terms of this Renewal
License and any present or future lawful exercise of the Town's police and regulatory
powers shall be resolved in favor of the latter; provided,however, that in the event of a
dispute hereto, the parties agree to meet and negotiate in order to resolve such dispute in
good faith. If reasonable negotiations to resolve such dispute are not successful, the
parties agree to submit such dispute to a forum of appropriate jurisdiction.
Section 2.5---REMOVAL OR ABANDONMENT
Subject to Section 3.2(o) infra, upon termination of this Renewal License by passage of
time or otherwise, and unless (1) the Licensee has renewed its Renewal License for
another renewal term or(2) the Licensee transfers the Cable Television System to a
transferee approved by the Issuing Authority, the Licensee shall remove all of its
supporting structures,poles, transmission and distribution systems, and all other
appurtenances from the Public Ways and places and shall restore all areas to their original
condition. If such removal is not complete within six (6)months after such termination,
the Issuing Authority may deem any property not removed as having been abandoned and
may dispose of any such property in any way or manner it deems appropriate.
Section 2.6-- TRANSFER OF THE RENEWAL LICENSE
(a)Pursuant to M.G.L. c. 1 66A, Section 7, neither this Renewal License, nor control
thereof, shall be transferred, assigned or disposed of in any manner, voluntarily or
involuntarily, directly or indirectly, or by transfer of control of any Pers.on, company
and/or other entity holding such Renewal License to any other Person, company and/or
other entity,without the prior written consent of the Issuing Authority, which consent
shall not be arbitrarily or unreasonably withheld. Such consent shall be given only after a
hearing upon a written application therefor on forms as may be prescribed by the FCC
and/or the Competition Division. An application for consent to a transfer or assignment,
if required, shall be signed by the Licensee and by the proposed transferee or assignee or
by their representatives, evidence of whose authority shall be submitted with the
application.
(b) In considering a request to transfer control of this Renewal License, the Issuing
Authority may consider such factors as the transferees management experience, technical
expertise, financial capability, and legal ability to operate a cable system under the
existing license, and any other criteria allowable under law.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(c)The consent or approval of the Issuing Authority to any assignment or transfer of
this Renewal License granted to the Licensee shall not constitute a waiver or release of
the rights of the Town in and to the streets and Public Ways or any other rights of the
Town under this Renewal License, and any such transfer shall, by its terms, be expressly
subordinate to the terms and conditions of this Renewal License.
(d) The Licensee shall promptly notify the Issuing Authority of any action requiring the
consent of the Issuing Authority pursuant to this Section 2.6.
(e)Unless otherwise allowed by applicable laws), the Issuing Authority shall make a
decision on said written application for transfer within one hundred twenty(120) days of
receipt of said application for transfer. After 120 days, the application shall be deemed
approved, unless said 120-day period is extended by mutual consent of the parties.
(f) The Licensee shall submit to the Issuing Authority an original and five (5) copies,
unless otherwise directed, of the application and FCC Form 394 requesting such transfer
or assignment consent. n
(g) The consent of the Issuing Authority shall be given only after a public hearing to
consider the written application for transfer.
(h)Any proposed controlling or owning Person or transferee approved by the Issuing
Authority shall be subject to all of the terms and conditions contained in this Renewal
License.
Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION
(a)Any transfer of the Cable System without complying with Section 2.6 above shall
be null and void, and shall be deemed a material breach of this Renewal License.
(b) If the Issuing Authority denies its consent to any such action and a transfer has
nevertheless occurred, the Issuing Authority may revoke and terminate this Renewal
License in accordance with the provisions of Section 11.1 infra.
(c) The grant or waiver of any one or more of such consents shall not render
unnecessary any subsequent consent or consents,nor shall the grant of any such consent
constitute a waiver of any other rights of the Town.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
ARTICLE 3
SYSTEM DESIGN
Section 3.1---SUBSCRIBER NETWORK
(a) The Licensee shall continue to make available to all residents of the Town its
minimum eight hundred sixty Megahertz(860 MHz) Subscriber Network, fully capable
and activated to have a minimum capacity equivalent to one hundred ten(110)NTSC
video Downstream and four(4)NTSC video Upstream Channels.
(b) The Licensee shall transit all of its Signals to Lexington Subscribers in stereo,
provided that such Signals are available and furnished to the Licensee in stereo.
(c) The Licensee shall transmit all of its Signals to Lexington Subscribers with closed
captioning,provided that such Signals are available and furnished to the Licensee with
closed captioning
(d) The Subscriber Network shall have the capacity to carry advanced television and
high-definition television Signals,when available to the Licensee.
Section 3.2---INSTITUTIONAL NETWORK
(a) The Licensee shall continue to operate and maintain, at its sole cost and expense, its
fiber-optic Institutional Network("I-Net") for the exclusive use of the Town, the Issuing
Authority and/or its designees,which I-Net has significant value to the Town.
(b) The I-Net shall comply in all respects with the"General Description of the
Lexington Institutional Network",including equipment specified therein, attached hereto
as Exhibit 2 and made a part hereof.
(c) The Licensee shall maintain and replace in a timely manner all equipment that is
part of the I-Net without any charge(s)to the Issuing Authority,the Town and/or
Subscribers. The Town shall maintain and replace any end-user equipment that it owns
and operates.
(d)An upstream fiber and a downstream fiber shall connect each of the locations
specified in Exhibit 3 ("Cur-rent Institutional Network Locations")to the Licensee's Hub
location using a star network topology.
(e) The I-Net shall be capable of providing voice, video and data services between any
I-Net locations specified in Exhibit 3. The Licensee shall provide professional consulting
services to the Town in order to facilitate video and data transmission capacity over the I-
Net. Designated Users shall be able to transmit to other users using a modulator and/or
other necessary equipment.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
(f)The Licensee shall respond to the Town within two (2)hours of notification from
the Town of an I-Net service problem.
(g)The Licensee shall provide the Town with contact information, including telephone
numbers, for the Town to reach the Licensee's technical staff.
(h) Subject to the availability of fiber in the existing network,the Licensee shall add
additional locations to the I-Net as requested by the Town,
(i) If the requested location is aerial and within two hundred fifty feet(250') of
the Licensee's Trunk and Distribution System, the connection shall be made at no cost to
the Town, and in accordance Section 3.2(h) (iv)below.
(ii) If the requested location is either underground or an aerial drop that is further
than two hundred fifty feet(250') from the Licensee's Trunk and Distribution System,
the Licensee shall provide a written estimate to the Town for the cost of making the
connection, within thirty(30)days of receipt of such request from the Town. If the Town
accepts the estimate, the Licensee shall make the connection, in accordance with the
timeframes described in Section 3.2(h) (iv)below effective with the Town's acceptance
of the written estimate and bill the Town for the cost upon completion of the connection
(iii) Subject to Section 3.2(h) (i) &3.2(h) (ii) above, an initial set of additional I-
Net drops is listed in Exhibit 4, attached hereto.
(iv) Construction, installation and activation of additional designated Drops and
Outlets shall be completed within sixty(60)days of designation by the Issuing Authority,
for aerial Drops, and within one hundred twenty(120) days of designation by the Issuing
Authority, for underground Drops,weather permitting, or such later date as may be
reasonably and mutually agreed upon by the parties. The Licensee shall discuss the
location of each connection with the appropriate officials in each of the I-Net Locations
designated to receive a Drop or Outlet,prior to the installation of such Drop or Outlet.
The Issuing Authority shall designate such officials in writing to the Licensee.
(i)The Town shall have the right hereto to use the I-Net for any non-commercial
purposes whatsoever, including,but not limited to, carrying Internet Service(s) from third
parties on the I-Net for the Town's internal use only,without charges of any kind levied
by the Licensee.
(j) The Licensee shall continue to provide to the Town dedicated fiber links between
the Access Studio at Kline Hall, 1001 Main Campus Drive in Lexington MA, and
specified locations within Lexington(See Exhibit 5)
(k)Nothing in this Section 3.2, or elsewhere in this Renewal License, shall prevent the
Issuing Authority from allowing an Access Corporation(s)to use one(1)or more I-Net
channels.
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--Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(1) The Licensee shall have the sole responsibility for maintaining the I-Net for the term
of this Renewal License, except for equipment not directly under its control or
ownership. The Licensee shall be responsible for all necessary inspections and
performance tests of the I-Net. Scheduled tests shall be performed at least approximately ,
once every six (6)months. Test results shall be submitted to the I-Net Administrator.
(m) The I-Net shall be operated in compliance with applicable FCC Technical
Specifications as may be amended from time to time. In the event that there are technical
problems with the I-Net, excluding any devices, hardware or software not under the
control or ownership of the Licensee and installed by the Town or other User, the
Licensee shall resolve the technical problem promptly. Should the problem continue, the
Issuing Authority and the Licensee shall meet to discuss a resolution of such problem.
The Issuing Authority shall have the right to reasonably request a performance test of the
I-Net, should such problems persist. The Licensee shall initiate such performance tests
within seven(7)days of any such request, and correct the problem within seven(7)days
and submit the results to the Issuing Authority promptly, unless the Licensee notifies the
Issuing Authority, in writing, that such correction cannot be completed with such seven
(7) day period.
(n) There shall be no charges to the Issuing Authority or the Town for I-Net
operational, maintenance, repair and/or replacement costs.
(o)The Issuing Authority, the Licensee, and the owner of the I-Net fiber infrastructure
described herein have agreed to certain provisions regarding the status of the I-Net, which
agreement is attached hereto as Exhibit 6.
Section 3.3---PARENTAL CONTROL CAPABILITY
The Licensee shall provide, upon request, Subscribers with the capability to control the
reception of any channels being received on their television sets.
Section 3.4---EMERGENCY ALERT OVERRIDE CAPACITY
The Subscriber Network shall comply with the FCC's Emergency Alert System
g y y
("EAS")regulations.
Section 3.5---SYSTEM TECHNICAL SPECIFICATIONS
The system design of the Cable Television System,pursuant to Sections 3.1 and 3.2
herein, shall conform to the technical specifications contained in Exhibit 1 attached
hereto and made a part hereof. At all times throughout this Renewal License, the
Licensee shall meet all applicable FCC technical standards.
12
1
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
ARTICLE 4
CABLE SYSTEM LOCATION AND
OPERATIONAL STANDARDS
Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS
(a)The Licensee shall continue to make the Licensee's Cable Service available to all
residents of the Town,unless legally or otherwise prevented from doing so by factors
outside of the Licensee's control,including,but not limited to, denial of access by owners
of private property or multipledwelling units.
(b)Installation charges shall be non-discriminatory, except that an additional charge for
time and materials may be made for customized installation within a Subscriber's
residence or except when the Licensee is engaged in marketing promotions.
(c)Any dwelling unit within one hundred fifty feet(150') of existing Cable System
plant shall be entitled to a standard aerial installation rate. Any aerial installation greater
than 150' shall be provided at the Licensee's actual cost,plus profit, if allowable by
applicable law(s) or regulation(s), including the cost for system design changes to extend
the cable plant to within 150'of the dwelling unit. Any underground installation shall be
provided at the Licensee's actual cost.
(d) The Licensee's obligation to extend its Cable Television System to homes in
underground areas of the Town shall be limited to those homes in which the Licensee's
cost of construction is no greater than Seven Hundred Fifty Dollars($750.00)per home,
unless prospective Subscribers within said Public Ways or Streets agree to pay additional
costs in excess of said amount of$750.00.
Section 4.2---LOCATION OF CABLE TELEVISION SYSTEM
The Licensee shall operate,upgrade and maintain the Cable Television System within
the Town of Lexington. Poles,towers and other obstructions shall be erected so as not to
interfere with vehicular or pedestrian traffic over Public Ways and places. The erection
and location'of all poles, towers and other obstructions shall be in accordance with all
applicable state and local laws and regulations.
Section 4.3---UNDERGROUND FACILITIES
In the areas of the Town having telephone lines and electric utility lines underground,
whether required by law or not, all of the Licensee's lines, cables and wires shall be
underground. At such time as these facilities are placed underground by the telephone
and electric utility companies at their sole cost and expense or are required to be placed
underground by the Town at the sole cost and expense of such telephone and electric
utility companies, the Licensee shall likewise place its facilities underground_at no cost to
the Issuing Authority and/or any Town departments. Underground cable lines shall be
placed beneath the pavement subgrade in compliance with applicable Town by-laws,
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
rules, regulations and/or standards. It is the policy of the Town that existingpoles for
electric and communication purposes should be utilized wherever possible and that
underground installation is preferable to the placement of additional poles.
Section 4.4---TREE TRIMMING
In the installation of amplifiers,poles, other appliances or equipment and in stringing of
cables and/or wires as authoriz9d herein,the Licensee shall avoid all unnecessary damage
and/or injury to any and all shade, ornamental and other trees in and along the streets,
alleys, Public Ways and places, and private property in the Town. The Licensee shall be
subject to M.G.L. Chapter 87 and shall comply with all rules established by the Issuing
Authority or its designee(s)during the term of this Renewal License. All tree and/or root
trimming and/or pruning provided for herein shall be done pursuant to appropriate
regulations of the Town. The Licensee may not trim and/or prune any trees belonging to
the Town without the advance notification of the DPW.
Section 4.5----RESTORATION TO PRIOR CONDITION
Whenever the Licensee takes up or disturbs any pavement, sidewalk or other
improvement of any Public Way or public place, the same shall be replaced and the
surface restored in as good condition as before entry as soon as practicable. If the
Licensee fails to make such restoration within a reasonable time, the Issuing Authority
may fix a reasonable time for such restoration and repairs and shall notify the Licensee in
writing of the restoration and repairs required and the time fixed for performance thereof.
Upon failure of the Licensee to comply within the specified time period,the Issuing
Authority may cause proper restoration and repairs to be made and the reasonable
expense of such work shall be paid by the Licensee upon demand by the Issuing
Authority.
Section 4.6---TEMPORARY RELOCATION
The Licensee shall temporarily raise or lower its wires or other equipment upon the
reasonable request of any Person, including without limitation, a Person holding a
building moving permit issued by the Town. The expense of such raising or lowering
shall be paid by the Licensee,unless otherwise required or permitted by applicable law.
The Licensee shall be given reasonable notice necessary to maintain continuity of
service.
Section 4.7—DISCONNECTION AND RELOCATION
The Licensee shall, at its sole cost and expense,protect, support,temporarily
disconnect, relocate in the sam(- street or other Public Way and place, or remove from
any street or any other Public Ways and places, any of its property as required by the
Issuing Authority or its designee(s)by reason of traffic conditions,public safety, street
construction, change or establishment of street grade, or the construction of any public
improvement or structure by any Town department acting in a governmental capacity.
Section 4.8—SAFETY STANDARDS
The Licensee shall construct, upgrade, install, operate,maintain and remove the Cable
Television System in conformance with Occupational Safety and Health Administration
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
regulations, the Massachusetts Electrical Code, the National Electrical Code, the National
Electrical Safety Code,the National Television Standards Code, the rules and regulations
of the FCC, all State and local laws, and all land use restrictions as the same exist or may
be amended hereafter.
Section 4.9---PEDESTALS
In any cases in which Pedestals housing passive devices are to be utilized, in Town
Public Ways or within the Town public lay--out, such equipment must be installed in
accordance with applicable regulations of the Town;provided, however, that the
Licensee may place active devices (amplifiers, line extenders,power supplies, etc.) in a
low-profile electronic control box at Town approved locations to be determined when the
Licensee applies for a permit. All such equipment shall be shown on the Cable System
maps submitted to the Town in accordance with Section 4.12 infra. In the event that the
Licensee is no longer using any such Pedestals for the provision of Cable Service(s), the
Licensee shall expeditiously remove any such Pedestals from the Public Ways).
Section 4.10---PRIVATE PROPERTY
The Licensee shall be subject to all laws, by-laws or regulations regarding private
property in the course of constructing, upgrading, installing, operating and maintaining
the Cable Television System in the Town. The Licensee shall promptly repair or replace
all private property, real and personal, damaged or destroyed as a result of the
construction, upgrade, installation, operation or maintenance of the Cable Television
System at its sole cost and expense.
Section 4.11---RIGHT To INSPECTION of SYSTEM
(a) The Issuing Authority or its designee(s) shall have the right to inspect the Cable
System and to make such inspections as it shall deem necessary to ensure compliance
with the terms and conditions of this Renewal License and all other applicable law. Any
such inspection shall not interfere with the Licensee's operations, except in emergency
situations.
(b) Any inspections conducted by the Town shall be at the sole cost and expense of the
Town and shall have the prior written approval of the Licensee. Unless otherwise
mutually agreed upon, the Town shall give at least thirty(30) days prior notification to
the Licensee of its intention to conduct any inspection. The Licensee shall be afforded the
opportunity to be present during all such inspecting.
Section 4.12---CABLE SYSTEM MAPS
(a) Upon request, the Licensee shall continue to file with the Issuing Authority or its
designee(s) strand maps of the"as built"Cable System plant, on paper and as computer
files in Geographic Information System(GIS) compatible format. If changes are made in
the Cable System, the Licensee shall file with the Town updated strand maps annually,
not later than fifteen (15) days after each anniversary of the Effective Bate of this
Renewal License, in the formats specified above.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
(b)Upon request, the Licensee shall allow the Issuing Authority and/or its designee(s)
to view"as-built"maps of the Cable System at a location that is mutually agreeable to the
Issuing Authority and the Licensee.
Section 4.13---SERVICE INTERRUPTION
Except where there exists an emergency situation necessitating a more expeditious
procedure, the Licensee may interrupt Service for the purpose of repairing or testing the
Cable Television System only during periods of minimum use and, if practical, only after
a minimum of twenty-four(24)hours notice to all affected Subscribers.
Section 4.14---SERVICE OUTAGE NOTIFICATION
When notified of a meeting and upon request, the Licensee shall explain service
outages in the Town to the Communications Advisory Committee at its regularly
scheduled meetings. Service outages are defined in Section 12.4(d) infra.
Section 4.15---COMMERCIAL ESTABLISHMENTS
The Licensee shall be required to make Cable Service(s) available to any commercial
establishments in the Town provided that said establishment(s) agrees to pay for
installation and monthly subscription costs as established by the Licensee.
Section 4.16-•--"DIG SAFE"
The Licensee shall comply with all applicable "dig-safe" provisions,pursuant to
Massachusetts General Laws Chapter 82, Section 40.
I
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.--
June 22,2009
ARTICLE 5
SERVICES AND PROGRAMMING
Section 5A---BASIC SERVICE
The Licensee shall provide Basic Service that shall include all Signals, including the
downstream PEG Access Channels, which are required to be carried by a cable television
system serving the Town pursuant to applicable federal statute or regulation.
Section 5.2---PROGRAMMING
(a)Pursuant to Section 624 of the Cable Act, the Licensee shall maintain the mix,
quality and broad categories of Programming set forth in Exhibit 7, attached hereto and
made a part hereof. Pursuant to applicable federal law, all Programming decisions,
including the Programming listed in Exhibit 7, attached hereto, are at the sole discretion
of the Licensee.
(b)The Licensee shall provide the Issuing Authority and all Subscribers with notice of
its intent to substantially change the Lexington programming liner-up at least thirty(30)
days before any such change is,to take place. The Licensee shall also provide Subscribers
with a channel line-up card or other suitable marker indicating the new channel line-up.
Section 5.3----LEASED CHANNELS FOR COMMERCIAL USE
Pursuant to Section 512 (b)(1)(B) of the Cable Act, the Licensee shall make available
channel capacity for commercial use by Persons unaffiliated with the Licensee.
Section 5.4----VCR/DVR CABLE COMPATIBILITY
In order that Subscribers to the Cable Television System have the capability to
simultaneously view and tape any channel and set their"time shifter" to record multiple
channels remotely, the Licensee shall provide to any Subscriber, upon request, an A/B
switch or by-pass switch, which will allow digitally-compatible VCR and/or DVR
owners to tape and view any channel capable of being tuned by such owner's television
set and/or VCR and/or DVR, except two scrambled Signals.
Section 5.5---SCRAMBLING
(a)Pursuant to applicable law-, the Licensee shall not Scramble or otherwise encode, in
any manner or form, for the entire term of this Renewal License, (1) any off-the-air
Signals or(2) any of the PEG Access Channels. For purposes of this Section S.S(a),
"off-the-air Signals" shall mean any local broadcast television Signals received at the
Licensee's Headend without the aid of any intervening relay device or receiving dishes.
For purposes of this section, the word "local" shall have the meaning as defined by
applicable law and/or regulation.
(b) The Licensee reserves its rights to Scramble or otherwise encode any cable
channels), except for the channels discussed in paragraph (a) above, as is reasonably
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
necessary, in the Licensee's judgment, to protect the Licensee from unauthorized
reception of its Signals.
Section 5.6---CONTINUITY OF SERVICE
It shall be the right of all Subscribers to receive Service insofar as their financial and
other obligations to the Licensee are honored; provided, however,that the Licensee shall
have no obligation to provide Service to any Person who or which the Licensee has a
reasonable basis to believe is utilizing an unauthorized Converter and/or is otherwise
obtaining any Cable Service without required payment thereof. The Licensee shall ensure
that all Subscribers receive continuous, uninterrupted Service, except for necessary
Service interruptions or as a result of Cable System or equipment failures. When
necessary, if Service interruptions can be anticipated, the Licensee shall notify
Subscribers of such interruption(s) in advance.
Section 5.7---FREE DROPS AND MONTHLY SERVICE TO PUBLIC
BUILDINGS
(a) The Licensee shall continue to provide, install and maintain a free Subscriber Cable
Drop and Outlet(s) and the monthly Basic Service to all police and fire stations, public
libraries and other public buildings included in Exhibit 8, attached hereto and made a
part hereof, and any other public buildings as designated by the Issuing Authority. The
Licensee shall coordinate the location of each Drop with each of the aforementioned
institutions newly receiving Service. There shall be no costs to the Town or any
designated institution for the installation and provision of monthly Cable Service and
related maintenance.
(b) The Licensee shall discuss the location of each Drop and/or Outlet with the proper
officials in each of the buildings and/or institutions entitled to such a Drop or,Outlet,
prior to any such installation.
(c)Each Drop or Outlet shall be provided with a digital set top box or cablecard(s), as
appropriate to receiving equipment at the site.
(d) The Licensee shall install any such Drop and/or Outlet within sixty(60) days of any
such request(s) from the Issuing Authority,weather conditions permitting, at the
Licensee's sole cost and expense. The exact locations of said Drops and/or Outlets shall
be designated in advance by the Issuing Authority or its designee(s).
Section 5.8 --FREE DROPS AND MONTHLY SERVICE TO PUBLIC SCHOOLS
(a) The Licensee shall continue to provide one(1) free Subscriber Cable Drop with one
(1) Outlet and monthly Basic Service to all public schools listed in Exhibit 9, attached
hereto and made a part hereof, including service to all classrooms currently wired.
(b) The exact locations of said Drops and Outlets shall be designated by the School
Department, at the Licensee's sole cost and expense. The Licensee shall discuss the
location of each Drop and/or Outlet with the proper officials in each of the school
buildings entitled to such a Drop or Outlet, prior to any such installation.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(c)Each Drop or Outlet shall be provided with a digital set top box or cablecard(s), as
appropriate to receiving equipment at the site.
(d)The Licensee shall install any such Drop and/or Outlet within sixty(60) days of any
such request(s) from the Issuing Authority,weather conditions permitting, at the
Licensee's sole cost and expense. The exact locations of said Drops and/or Outlets shall
be designated in advance by the Issuing Authority or its designee(s).
Section 5.9---PROVISION OF INTERNET SERVICE TO THE TOWN
(a)Within thirty(30) days of request by the Town, the Licensee shall provide the Town
with a fifty (50) Mbps downstream, fifty(50)Mbps upstream, full duplex Internet
connection at the Town headend. This service shall be provided at no cost to the Town
for the entire term of this Renewal License.
(b)The Town shall notify the Licensee when the I-Net switch and associated equipment
at the Town headend are fully operational. Until such time that the Town so notifies the
Licensee, the Licensee shall continue to provide the Town with the existing five(5)Mbps
Internet connection and the T-1 Internet connection at the Licensee's Hub,both at no cost
to the Town.
(c) The Licensee shall respond to the Town within two (2) hours of notification by the
Town of failure of the Internet service.
(d) On the Effective Date of this Renewal License, the Licensee shall provide the Town
with Domain-Name-Service (66DNS").
(e) Subject to American Registry of Internet Numbers("ARIM)regulations and policies,
the Licensee shall provide the Town with static Internet Protocol("IP") addresses
allowing external Internet Users to access the I-Net. These static iP addresses shall be
provided at no cost to the Town for the entire Term of this Renewal License.
(i) The Licensee shall continue to provide the Town with the existing block of
sixty-three (63) such static IP addresses.
(ii) Within thirty(30)days of the Effective Date of this Renewal License, the
Licensee shall make available to the Town a second block of two hundred fifty-five (255)
additional static IP addresses.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
ARTICLE 6
PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
FACILITIES AND SUPPORT
Section 6.1--4UBLIC,EDUCATIONAL AND GOVERNMENTAL ACCESS
The Issuing Authority or its designated Access Corporation shall be responsible for the
provision of public, educational and governmental ("PEG")Access Programming to
Subscribers,pursuant to the provisions of this Article 6 herein.
Section 6.2---PEG ACCESS CORPORATION
(a)The Issuing Authority reserves the right to organize and develop an Access
Corporation, to provide programming, assistance and services to PEG Access Users and
the Town.
(b)In the event that an Access Corporation is formed, the Licensee shall cooperate with
such Access Corporation, including but not limited to, transmitting PEG Access
programming on dedicated PEG Access Channels programmed by the Access
Corporation.
(c)The designated Access Corporation shall provide the following PEG Access
services:
(i) Schedule, operate and program the PEG Access Channels provided in
accordance with Section 6.3 below;
(ii) Operate and maintain a PEG Access Studio in the Town;
(iii) Conduct training programs in the skills necessary to produce quality PEG
Access programming;
(iv)Provide technical assistance,pre-production services,post-production
services and production services to PEG Access Users, using AccessCorporation staff
and volunteers;
(v) Establish rules,procedures and guidelines for use of the PEG Access
Channels;
(vi)Accomplish such other tasks relating to the operation, scheduling and/or
management of PEG Access Channels, facilities and equipment as appropriate and
necessary; and,
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
(vii)Produce or assist Users in the production of original, non--commercial Video
Programming of interest to Subscribers and focusing on Town issues, events and
activities.
Section 6.3---PEG ACCESS CHANNELS
(a) The Licensee shall make available to the Issuing Authority and/or its designee(s)
three (3) full-time Subscriber Network Downstream Channels for PEG Access purposes.
(b) The Issuing Authority or the designated Access Corporation, shall have the right to
utilize and program a fourth PEG Access Channel. In order to obtain use of said fourth
PEG Access Channel, the Issuing Authority shall write to the Licensee, stating that the
three(3) PEG Access Channels are being programmed with original, non-duplicative,
local programming eighty percent (80%)of the available cablecast hours during a two (2)
month period, excluding alphanumeric "bulletin-board"type programming. The Issuing
Authority shall include program logs and/or other records verifying such usage during
said two (2)month period. For/purposes of this Section 6.3(b), "available cablecast
hours" shall mean the hours of 5:OOPM to 10:00 PM.
(c) Said PEG Access Channels shall be used to transmit PEG Access Programming to
Subscribers without charge to the Issuing Authority, its designees), the Town, and/or
program originators, and shall be subject to the control and management of the Issuing
Authority and/or its designees).
(d)while the Licensee retains sole,discretion for channel placement, the Licensee shall
attempt to minimize the number of PEG Access Channel assignment changes. The
Licensee shall not move or otherwise relocate the channel locations of the PEG Access
Channels without the advance,written notice to the Issuing Authority and the Access
Corporation.
Section 6.4----PEG ACCESS CHANNELS MAINTENANCE
The Licensee shall monitor the PEG Access Channels for technical quality and shall
ensure that they are maintained at standards commensurate with those that apply to the
Cable System's commercial channels; provided, however, that the Licensee is not
responsible for the production quality of PEG Access Prograrnnung productions. The
Issuing Authority, or the designated Access Corporation, shall be responsible for the
picture quality of all PEG Access Programming.
Section 6.5---PEG ACCESS CABLECASTING
(a) PEG Access programming for the Lexington PEG Access channels may originate at
a remote location in the Town. In order that the Issuing Authority or its designated
Access Corporation can cablecast PEG Access Programming originating at a location
other than the Access Studio, the Licensee shall continue to provide dedicated fiber links
from specified locations in the Town(Exhibit 5). These links shall be made available
and maintained for the entire Term of this Renewal License without charge to the Issuing
Authority Issuing Authority or its designated Access Corporation.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22, 2009
(b)The Licensee shall ensure that all PEG Access Programming is automatically
switched electronically at the Access Studio to the appropriate Subscriber Network PEG
Access Channel, in an efficient and timely manner. The Licensee shall not charge the
Issuing Authority or its designated Access Corporation, for such electronic switching
responsibility. Any manual switching shall be the responsibility of the Access
Corporation or the Issuing Authority. The Licensee and the Issuing Authority shall
discuss in good faith any difficulties that arise regarding cablecasting of PEG Access
Programming.
c The Licensee shall own M' aintain repair and/or replace any electronic equipment
( a P
required to automatically switch PEG Access Programming to the appropriate Subscriber
Network PEG Access Channel. The Issuing Authority or its designated Access
Corporation, shall own, maintain, repair and/or replace studio or portable modulators and
demodulators. The demarcation point between the Licensees equipment and the Town s
or the Access Corporation's equipment ui ment shall be at the output of the Issuing Authority's or
q P
its.designated Access Corporation's modulator(s) at the Town's Access Studio.
Section 6.6---CENSORSHIP
The Licensee shall not engage in any program censorship or any other control`of the
content of the PEG Access Programming on the Cable System, except as otherwise
required or permitted by applicable law.
22
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
ARTICLE 7
LICENSE FEES
Section 7.1---LICENSE FEE PAYMENT
(a)Pursuant to M.G.L. 166A Section 9, as maybe amended, the Licensee shall pay to
the Town, throughout the term of this Renewal License, an annual License Fee in the
amount of fifty cents ($.50)per Subscriber per year, or such higher amount as maybe
permitted by applicable law(s).
(b)The Licensee shall not be liable for a total financial commitment pursuant to this
Renewal License and applicable law in excess of five percent(5%)of its Gross Annual
Revenues; provided,however, that said five percent(5%) shall include the following: (i)
the annual funding for PEG Access/Cable-Related Funding pursuant to Section 7.2
below; and(ii) any License Fees that maybe payable to the Town and the State and/or
the FCC; provided, however,that said five percent(5%) shall not include the following:
(i) any interest due herein to the Town because of late payments; (ii)the costs related to
any liquidated damages pursuant to Section 11.2 infra; and(iii)any exclusion to the term
"franchise fee"pursuant to Section 622(g)(2)of the Cable Act.
(c)The License Fees shall be paid annually to the Town throughout the term of this
Renewal License, not later than March 15th of each year, unless provided for otherwise
under applicable law.
Section 7.2---PEG ACCESS/CABLE-RELATED FUNDING
(a)The Licensee shall continue to make License Fee payments to the Issuing Authority
equal to five percent(5%) of the Licensee's Gross Annual Revenues, as defined in
Section 1.1(26) supra,payable on a quarterly basis. Subject to paragraph(a)(i)below, said
payments shall be made directly to the Issuing Authority on the following quarterly basis: (i)
on or before November 15d'of each year of this Renewal License for the previous three(3)
month period of July,August and September;(ii)on or before February 15d'of each year of
this Renewal License for the previous three(3)month period of October,November and
December; (iii)on or before May 15'h of each year of this Renewal License for the previous
(3)month period of January,February and March; and(iv)on or before August 15th of each
year of this Renewal License for the previous three(3)month period of April,May and
June.
(i) The first 5%payment under this Renewal License shall be made on or before
November 15, 2009 for the previous period from July 1, 2009 through September 30,
2009.
(ii) The second 5%payment under this Renewal License shall be made on or
before February 15, 2010 for the previous three(3) month period from October 1, 2009
through December 31, 2009.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(iii) Subsequent 5%payments under this Renewal License shall be made on the
dates in paragraph(a) above.
(b) The Licensee shall file with each of said five percent (5%) quarterly payments a
statement certified by an authorized representative of the Licensee documenting, in
reasonable detail, the total of all Gross Annual Revenues of the Licensee during the
preceding three (3)month reporting period(s), as well as a completed Gross Annual
Revenues Reporting Form, attached hereto as Exhibit 10. If the Licensee's quarterly
payments to the Issuing Authority were less than five percent(5%) of the Licensee's
Gross Annual Revenues for the reporting period, the Licensee shall pay any balance due
to the Issuing Authority no later than the quarterly payment subsequent to the discovery
of such underpayment. Said statement shall list all of the general categories comprising
Gross Annual Revenues as defined in Section 1.1(26) supra.
(c) Said five percent(5%)payments shall be considered a Franchise Fee,unless
otherwise provided for by applicable law.
Section 7.3---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS
(a) The License Fee payments shall be in addition to and shall not constitute an offset
or credit against any and all taxes,or other fees or charges of general applicability which
the Licensee and/or any Affiliated Person shall be required to pay to the Town, or to any
State or federal agency or authority, as required herein or by law; the payment of said
taxes, fees or charges shall not constitute a credit or offset against the License Fee
payments all of which shall be separate and distinct obligations of the Licensee and each
Affiliated Person. The Licensee herein agrees that no such taxes, fees or charges shall be
used as offsets or credits against the License Fee payments, except as permitted by
applicable law.
(b) The term "License Fee" sliall have the meaning defined in Sections 622(g)(1) &
(2)(A-E) of the Cable Act.
Section 7.4---LATE PAYMENT
In the event that the License Fees herein required are not tendered on or before the
dates fixed in Sections 7.1 and 7.2 above, interest due on such fee(s) shall accrue from
the date due at the rate of two percent(2%) above the annual Prime Rate. Any payments
to the Town pursuant to this Section 7.4 shall not be deemed to be part of the License
Fees to be paid to the Town pursuant to Section 7.1 and/or Section 7.2 above and shall be
within the exclusion to the term "Franchise Fee" for requirements incidental to enforcing
this Renewal License pursuant to §62.2(g)(2)(D)of the Cable Act.
Section 7.5---RECOMPUTATION
(a) Tender or acceptance of any payment shall not be construed as an accord that the
amount paid.is correct, nor shall such acceptance of payment be construed as a release of
any claim that the Issuing Authority may have for additional sums including interest
payable under this Section 7.5. All amounts paid shall be subject to audit and
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
recomputation by the Issuing Authority and shall occur in no event later than three(3)
years after each quarterly License.Fee is tendered with respect to such fiscal year.
(b) If the Issuing Authority has reason to believe that any such payment(s) are incorrect,
the Licensee shall have twenty-one(21) days to provide the Issuing Authority with
additional information documenting and verifying the accuracy of any such payment(s).
In the event that the Issuing Authority does not believe that such documentation supports
the accuracy of such payment(s), the Issuing Authority may conduct an audit of such
payments). If, after such audit and recomputation, an additional fee is owed to the
Issuing Authority, such fee shall be paid within thirty(30) days after such audit and
recomputation. The Licensee shall contribute to the costs of such audit in an amount not
to exceed Three Thousand Dollars ($3,000.00). The interest on such additional fee shall
be charged from the due date at the rate of two percent(2%) above the Prime Rate during
the period that such additional amount is owed.
Section 7.6---AFFILIATES USE OF SYSTEM
Use of the Cable System by Affiliates shall be in compliance with applicable State
and./or federal laws.
Section 7.7---METHOD OF PAYMENT
All License Fee payments by the Licensee to the Issuing Authority pursuant to this
Renewal License shall be made payable to the Town.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
ARTICLE 8
RATES AND CHARGES
Section 8.1---RATE REGULATION
The Issuing Authority reserves the right to regulate the Licensee's Basic Service rates
and charges, and the,equipment needed to receive Basic Service,to the extent allowable
under State and federal laws.
Section 8.2---NOTIFICATION OF RATES AND CHARGES
(a)The Licensee shall file with the Issuing Authority schedules which shall describe all
Cable Services offered by the Licensee, all rates and charges of any kind, and all terms or
conditions relating thereto. Thereafter,the Licensee shall file with the Issuing Authority
all substantial changes in Services, all rates and charges of any kind, and all terms and
conditions relating thereto at least thirty(30) days prior to all such changes. The Licensee
shall notify all Subscribers of any impending rate increases at least thirty(30) days prior
to such increase and provide each Subscriber with a schedule describing existing and
proposed rates for each Serviced offered.
(b)At the time of initial solicitation or installation of Service, the Licensee shall also
provide each Subscriber with an explanation of downgrade and upgrade policies and the
manner in which Subscribers may terminate Cable Service. Subscribers shall have at least
thirty(30) days prior to the effective date of any rate increase to either downgrade service
or terminate Service altogether without any charge. Change of Service policies shall be in
compliance with 207 CMR 10.00 et seq., attached as Exhibit 11.
Section 8.3--PUBLICATION AND NON-DISCRIMINATION
All rates for Subscriber Cable Services shall be published and non-discriminatory. A
-written schedule of all rates shall be available upon request during business hours at the
Licensee's business office. Nothing in this Renewal License shall be construed to prohibit
the reduction or waiver of charges in conjunction with promotional campaigns for the
purpose of attracting or maintaining subscribers.
Section 8.4---CREDIT FOR SERVICE INTERRUPTION
The Licensee shall grant a pro rata credit or rebate to any Subscriber whose Cable
Service is interrupted for twenty-four(24)or more consecutive hours.
Section 8.5---SENIOR CITIZEN DISCOUNT
The Licensee shall provide senior citizens in Lexington a discount of Two Dollars
($2.00)per month off of the Licensee's Basic Service. To qualify for said discount,
senior citizens must be (1) sixty-five(65)years of age or older and head-of-the-
household and (2)receiving one of the following: (i) Supplemental Security Income, or
(ii) Medicaid benefits, or(iii)Massachusetts fuel assistance, or(iv) Veteran's Services
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
benefits. Said discount shall apply to the full level of Basic Service; however, this
discount may not apply to other discount package prices.
27
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
ARTICLE 9
INSURANCE AND BONDS
Section 9.1---INSURANCE
At all times during the term of this Renewal License, including the time for removal of
facilities provided for herein,the Licensee shall obtain,pay all premiums for, and file
with the Issuing Authority, on an annual basis, copies of the certificates of insurance for
the following policies:
(a)A general comprehensive liability policy naming the Town,its officers, boards,
commissions, agents and employees as additional named insureds on all claims on
account of injury to or death of a person or persons occasioned by the construction,
installation,maintenance or operation of the Cable System or alleged to have been.so
occasioned, with a minimum liability of One Million Dollars ($1,000,000-00) for injury
or death to any one person in any one occurrence and a Five Million Dollar
($5,000,000-00) umbrella policy for injury or death to two (2) or more persons in any one
occurrence.
(b)A property damage insurance policy naming the Town, its officers,boards,
commissions, agents and employees as additional named insureds and save them
harmless from any and all claims of property damage,real or personal, occasioned or
alleged to have been so occasioned by the construction, installation,maintenance or
operation of the Cable Television System,with a minimum liability of One Million
Dollars ($i,000,000.00) for damage to the property of any one person in any one
occurrence and a Five Million Dollar($5,000,000.00)umbrella policy for damage to the
property of two (2) or more persons in any one occurrence.
(c)Automobile liability insurance for owned automobiles,non-owned automobiles
and/or rented automobiles in the amount of:
(i) One Million Dollars ($1,000,000.00) for bodily injury and consequent death
per occurrence;
(ii) One Million Dollars ($1,000,000.00) for bodily injury and consequent death to
any one person; and
(iii) Five Hundred Thousand Dollars ($500,000.00) for property damage per
occurrence.
(d) Worker's Compensation in the minimum amount of the statutory limit.
(e)The following conditions shall apply to the insurance policies required herein:
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
(i) Such insurance shall commence no later than the Effective Date of this
Renewal License.
(ii) Such insurance shall be primary with respect to any insurance maintained by
the Town and shall not call on the Town's insurance for contributions.
(iii) Such insurance shall be obtained from brokers or carriers authorized to
transact insurance business in the State.
(iv) The Licensee's failure to obtain to procure or maintain the required insurance
shall constitute a material breach of this Renewal License under which the Town may
immediately suspend operations under this Renewal License.
Section 9.2---PERFORMANCE BOND
The Licensee shall continue to maintain at its sole cost and expense throughout the term
of this Renewal License a faithful performance bond running to the Town, with good and
sufficient surety licensed to do business in the State in the sum of Seventy-Five Thousand
Dollars ($75,000.00). Said bond shall be conditioned upon the faithful performance and
discharge of all of the obligations imposed by this Renewal License.
(b) The performance bond shall be effective throughout the term of this Renewal
License, including the time for removal of all of the facilities provided for herein, and
shall be conditioned that in the event that the Licensee shall fail to comply with any one
or more provisions of this Renewal License, the Town shall recover from the surety of
such bond all damages suffered by the Town as a result thereof,pursuant to the
provisions of Sections 11.1 and 11.2 infra.
(c) Said bond shall be a continuing obligation of this Renewal License, and thereafter
until the Licensee has satisfied all of its obligations to the Town that may have arisen
from the grant of this Renewal License or from the exercise of any privilege herein
granted. In the event that the Town recovers from said surety, the Licensee shall take
immediate steps to reinstate the performance bond to the appropriate amount required
herein. Neither this section, anv bond accepted pursuant thereto, nor any damages
recovered thereunder shall limit the liability of the Licensee under this Renewal License.
Section 9.3---REPORTINO
Upon renewal of any insurance policies and/or the performance bond required herein
and/or upon the written request of the Issuing Authority, the Licensee shall submit to the
Issuing Authority, or its designee, copies of all current certificates regarding (a) all
insurance policies as required herein and(b) the performance bond as required herein.
Section 9.4---INDEMNIFICATION
The Licensee shall, at its sole cost and expense, indemnify and hold harmless the
Issuing Authority, the Town, its officials,boards, commissions, agents and/or employees
against all claims for damage due to the actions of the Licensee, its employees, officers or
agents arising out of the construction, installation, maintenance, operation, and/or
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc
June 22,2009
removal of the Cable Television System under this Renewal License, including without
limitation, damage to persons or property,bath real and personal, caused by the
maintenance, operation, and/or removal of any structure, equipment, wire or cable
installed. Indemnified expenses shall include all reasonable attorneys' fees and casts
incurred up to such time that the Licensee assumes defense of any action hereunder. The
Issuing Authority shall give the Licensee timely written notice of its obligation to
indemnify and defend the Issuing Authority of a claim or action pursuant to this Section
9.4.
Section 9.5---NOTICE of CANCELLATION OR REDUCTION of COVERAGE
The insurance policies and performance bond required herein shall each contain an
explicit endorsement stating th t such insurance policies and performance bond are
intended to cover the liability assumed by the Licensee under the terms of this Renewal
License and shall contain the following endorsement:
It is hereby understood and agreed that this policy(or bond)
shall not be cancelled, materially changed or the amount of
coverage-thereof reduced until thirty(30) days after receipt
by the Issuing Authority by certified mail of one (1) copy
of a written notice of such intent to cancel, materially
change or reduce the coverage required herein.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
ARTICLE 10
ADMINISTRATION AND REGULATION
Section 10.1---REGULATORY AUTHORITY
The Issuing Authority and/or its designee shall be responsible for the day-to-day
regulation of the Cable Television System. The Issuing Authority and/or its designee
shall monitor and enforce the Licensee's compliance with the terms and conditions of this
Renewal License. The Issuing Authority shall notify the Licensee in writing of any
instance of non-compliance pursuant to Section 11.1 infra.
Section 10.2---PERFORM4,NCE EVALUATION HEARINGS
(a)The Issuing Authority may hold a performance evaluation hearing in each year of
this Renewal License. All such evaluation hearings shall be open to the public. The
purpose of said evaluation hearing shall be to, among other things, (i)review the
Licensee's compliance with the terms and conditions of this Renewal License, with
emphasis on PEG Access Channels, facilities and support, customer service and
Complaint response, and the Institutional Network; and(ii)hear comments, suggestions
and/or Complaints from the public.
(b)The Issuing Authority shall have the right to question the Licensee on any aspect of
this Renewal License including,but not limited to,the maintenance,operation and/or
removal of the Cable Television System. During review and evaluation by the Issuing
Authority, the Licensee shall fully cooperate with the Issuing Authority and/or its
designee(s), and produce such documents or other materials relevant to such review and
evaluation as are reasonably requested from the Town. Any Subscriber or other Person
may submit comments during such review hearing, either orally or in writing, and the
Issuing Authority shall duly consider such comments..
(c)Within sixty(60) days after the conclusion of such review hearing(s), the Issuing
Authority shall issue a written report with respect to the Licensee's compliance with
Cable System performance and quality of Service, and send one (1)copy to the Licensee
and file one (1) copy with the Town Clerk's Office. If inadequacies are found which
result in a violation of any of the provisions of this Renewal License, the Licensee shall
respond and propose a plan for implementing any changes or improvements necessary,
pursuant to Section 11.1 infra.
Section 10.3---INFORMATION& LIAISON REQUIREMENTS
(a)Notwithstanding any other provisions of this Renewal License,both the Licensee
and the Town explicitly acknowledge the importance of maintaining a continuing,
productive dialogue throughout the term of this Renewal License to help the Issuing
Authority(and its primary designee, the CAC) in its authorized oversight of the
Licensee's performance. In support of that end, and ultimately for the benefit of the Town
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
and all Subscribers and Users, the following requirements are prescribed without in any
way limiting any other complementary actions:
(i) The Licensee shall designate primary and alternate responsible Persons as the
Town's liaison with the Licensee for the purpose of obtaining status or presenting issues
related to any aspect of the activity under this Renewal License, including the operation
and maintenance of the Cable System and any associated Customer Service, marketing,
etc., activities. Their names, titles, and contact information(telephone,page, and
.facsimile numbers,mail and e-mail addresses, etc.) shall be provided in writing to the
CAC, and kept current throughout the term of this Renewal License.
(ii)The Licensee shall provide at least monthly written status reports to the CAC
as well as appropriately address matters brought to the Licensee's attention by the Town
at any time. The CAC is responsible for keeping the Licensee informed of the CAC's
meetings and if the Licensee has a representative in attendance at such meetings, that
person's presentation can fulfill the requirement for any applicable monthly status report.
Section 10.4--NONDISCRIMINATION
The Licensee shall not discriminate against any Person in its solicitation, service or
access activities, if applicable, on the basis of race, color, creed,religion, ancestry,
national origin, geographical location within the Town, sex, sexual orientation, disability,
age, marital status, or status with regard to public assistance. The Licensee shall be
subject to all other requirements of federal and State laws or regulations,relating to
nondiscrimination through the term of this Renewal License. This Section 10.3 shall not
affect the right of the Licensee to offer discounts.
Section 10.5---EMERGENCY REMOVAL OF PLANT
If, at any time, in case of fire or disaster in the Town, it shall become necessary in the
reasonable judgment of the Issuing Authority or any designees), to cut or move any of
the wires, cables, amplifiers, appliances or appurtenances of the Cable Television
System, the Town shall have the right to do so at the sole cost and expense of the
Licensee.
Section 1 0.6---REMOVAL AND RELOCATION
The Issuing Authority shall have the power at any time to order and require the
Licensee to remove or relocate any pole,wire, cable or other structure owned by the
Licensee that is dangerous to life or property. In the event that the Licensee, after notice,
fails or refuses to act within a reasonable time, the Issuing Authority shall have the power
to remove or relocate the same at the sole cost and expense of the Licensee. In such
event, the Licensee shall reimburse the Issuing Authority for the cost and expense of such
removal within thirty(30) days of submission of a bill thereof.
Section 10.7---JURISDICTION AND VENUE
Jurisdiction and venue over any dispute, action or suit shall be in any court of
appropriate venue and subject matter jurisdiction located in the Commonwealth of
Massachusetts and the parties by this instrument subject themselves to the personal
32
r
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
jurisdiction of said court for the entry of any such judgment and for the resolution of any
dispute, action, or suit.
Section 10.8---LOCAL TAX INFORMATION
The Licensee shall annually submit to Town assessors not later than March 1 st
sufficient information to allow evaluation of capital equipment within Licensee's own
facilities, subscriber buildings, and public and private rights of way located in the Town
as of each January 1 st during the term of the Renewal License, so as to permit the
appropriate assessment of the annual property tax.
r
33
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
ARTICLE 11
DETERMINATION OF BREACH, LIQUIDATED DAMAGES,
LICENSE REVOCATION
Section 11.1—DETERMINATION OF BREACH
In the event that the Issuing Authority has reason to believe that the Licensee has
defaulted in the performance of any or several provisions of this Renewal License, except
as excused by Force Majeure,the Issuing Authority shall notify the Licensee in writing,
by certified mail, of the provision or provisions which the Issuing Authority believes may
have been in default and the details relating thereto. The Licensee shall have thirty(30)
days from the receipt of such notice to:
(a) Respond to the Issuing Authority in writing, contesting the Issuing Authority's
assertion of default and providing such information or documentation as may be
necessary to support the Licensee's position; or
(b) Cure any such default(and provide written evidence of the same), or, in the event
that by nature of the default, such default cannot be cured within such thirty(30)day
period,to take reasonable steps to cure said default and diligently continue such efforts
until said default is cured. The Licensee shall report to the Issuing Authority, in writing,
by certified mail, at fourteen(14) day intervals as to the Licensee's efforts, indicating the
steps taken by the Licensee to cure said default and reporting the Licensee's progress
until such default is cured.
(c) In the event that the Licensee fails to respond to such notice of default and to cure
the default or to take reasonable steps to cure the default within the required thirty(30)
day period, the Issuing Authority or its designee shall promptly schedule a public hearing
no sooner than fourteen(14) days after written notice,by certified mail,to the Licensee.
The Licensee shall be provided reasonable opportunity to offer evidence_and be heard at
such public hearing.
(d) Within thirty(30) days after the close of said public hearing,the Issuing Authority
shall issue a written determination of its findings. In the event that the Issuing Authority,
after such hearings, determinesthat the Licensee is in such default,the Issuing Authority
may determine to pursue any of the following remedies:
(i) Seek specific performance of any provision in this Renewal License that
reasonably lends itself to such remedy as an alternative to damages;
(ii) Assess liquidated damages in accordance with the schedule set forth in
Section 11.2 below;
(iii) Commence an action at law for monetary damages;
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(iv) Foreclose on all or any appropriate part of the security provided pursuant to
Section 9.2 herein;
(v) Declare this Renewal License to be revoked sub j ect to Section 11.3 below and
applicable law;
(vi) Invoke any other lawful remedy available to the Town.
Section 11.2---LIQUIDATED DAMAGES
(a) For the violation of any of the following provisions of this Renewal License,
liquidated damages shall be paid by the Licensee to the Issuing Authority, subject to
Section 11.1 above. Any such liquidated damages shall be assessed as of the date that the
Licensee received written notice, by certified mail, of the provision or provisions which
the Issuing Authority believes are in default,provided that the Issuing Authority made a
determination of default pursuant to Section 11.1(d) above.
(i) For failure to fully activate,operate and maintain the Subscriber Network in
accordance with Section 3.1 herein, Five Hundred Dollars($500.00) per day, for each
day that any such non-compliance continues.
(ii)For failure to fully activate, operate and maintain the Institutional Network in
accordance with Section 3.2 herein, Five Hundred Dollars ($500.00)per day, for each
day that any such non-compliance continues.
(iii)For failure to obtain the advance,written approval of the Issuing Authority
for any transfer of this Renewal License in accordance with Section 2.6 herein, Five
Hundred Dollars ($500.00)per day, for each day that any such non-compliance
continues.
(iv) For failure to comply with the PEG Access programming provisions in
accordance with the timelines in Article 6 herein, Four Hundred Dollars ($400.00)per
day, for each day that any such non-compliance continues.
(v)For failure to comply with the FCC's Customer Service Obligations in
accordance with Section 12.4 infra, and Exhibit 12 attached hereto, One Hundred Dollars
($100.00)per day that any such non-compliance continues.
(vi)For failure to comply with the technical standards,pursuant to Section 3.5
herein and Exhibit 1 attached hereto, Four Hundred Dollars ($400.00)per day, for each
day that any such non-compliance continues.
(vii) For failure to provide, install and/or fully activate the Subscriber Network
and.Institutional Network Drops and/or Outlets in accordance with Sections 3.1, 3.2, 5.7,
5.8 herein and/or Exhibits 3, 8 and 9, One Hundred Dollars($100.00) for each day that
any such non-compliance continues.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(viii) For failure to provide free Internet Service(s) to the Town in accordance
with Section 5.9 herein, Three Hundred Dollars ($300.00)per day that such Internet
Services are not provided as required.
(b) Such liquidated damages shall not be a limitation upon, any other provisions of this
Renewal License and applicable law, including revocation, or any other statutorily or
judicially imposed penalties or remedies.
(c) Each of the above-mentioned cases of non-compliance shall result in damage to the
Town, its residents, businesses and institutions, compensation for which will be difficult
to ascertain. The Licensee agrees that the liquidated damages in the amounts set forth
above are fair and reasonable compensation for such damage. The Licensee agrees that
said foregoing amounts are liquidated damages, not a penalty or forfeiture, and are within
one or more exclusions to the term "franchise fee"provided by Section 622(g)(2)(A)-(D)
of the Cable Act.
Section 11.3---REVOCATION OF THE RENEWAL LICENSE
To the extent permitted by applicable law, in the event that the Licensee fails to comply
with any material provision of this Renewal License, the Issuing Authority may revoke
this Renewal License granted herein.
Section 11.4---TERMINATION
The termination of this Renewal License and the Licensee's rights herein shall become
effective upon the earliest to occur of: (i) the revocation of this Renewal License by
action of the Issuing Authority,pursuant to Section 11.1 and 11.2 above; (ii) the
abandonment of the Cable System, in whole or material part,by the Licensee without the
express,prior approval of the Issuing Authority; or(iii)the expiration of the term of this
Renewal License unless the Licensee is otherwise permitted to continue operating the
Cable System pursuant to applicable laws).
Section 11.5---NOTICE TO TOWN OF LEGAL ACTION
In the event that the Issuing Authority or the Licensee has reason to believe that the
other party has acted, or has failed to act, in such a manner as to give rise to a claim, in
law or equity, against the other party, and either the Issuing Authority or the Licensee
intends to take legal action, said party shall(i) give the other party at least forty-five.(45)
days notice, unless, in good faith, time and events do not allow for such a period, that an
action will be filed, (ii)meet with the other party before filing any such action, and(iii)
negotiate the issue, if possible, which is the subject of any proposed legal action, in good
faith with the other party.
Section 11.6---NON-EXCLUSIVITY OF REMEDY
No decision by the Issuing Authority or the Town to invoke any remedy under this
Renewal License or under any statute, law or ordinance shall preclude the availability of
any other such remedy.
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--Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
Section 11.7---NO WAIVER-CUMULATIVE REMEDIES
(a)No failure on the part of the Issuing Authority, the Town or the Licensee to
exercise, and no delay in exercising, any right in this Renewal License shall operate as a
waiver thereof,nor shall any single or partial exercise of any such right preclude any
other right, all subject to the conditions and limitations contained in this Renewal
License.
(b)The rights and remedies provided herein are cumulative and not exclusive of any
remedies provided by law, and nothing contained in this Renewal License shall impair
any of the rights of the Issuing Authority, the Town or the Licensee under applicable law,
subject in each case to the terms and conditions in this Renewal License.
(c)A waiver of any right or remedy by the Issuing Authority, the Town or the Licensee
at any onetime shall not affect the exercise of such right or remedy or any other right or
remedy by the Issuing Authority or the Town at any other time. In order for any waiver of
the Issuing Authority, the Town or the Licensee to be effective, it shall be in writing. The
failure of the Issuing Authority, Town or the Licensee to take any action in the event of
any breach by the other party shall not be deemed or construed to constitute a waiver of
or otherwise affect the right of the Issuing Authority, the Town or the Licensee to take
any action permitted by this Renewal License at any other time in the event that such
breach has not been cured, or with respect to any other breach by the Licensee.
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June 22,2009
ARTICLE 12
SUBSCRIBER RIGHTS AND CONSUMER PROTECTION
Section 12.1---PAYMENT CENTER
At all times during this Renewal License,the Licensee shall make reasonable efforts to
provide for a location within the Town for payment of bills by Subscribers.
Section 12.2---TELEPHONE ACCESS
(a)The Licensee's main customer service office(s) shall have a publicly listed local
telephone connection for Lexington Subscribers.
(b)Pursuant to 47 C.F.R. §76.309(c)(1)(B), under Normal Operating Conditions,
telephone answer time by a customer representative, including wait time, shall not exceed
thirty(30) seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty(30)seconds. These standards shall be met no less
than ninety(90)percent of the time under Normal Operating Conditions,measured on a
quarterly basis
(c)A Subscriber shall receive a busy signal less than three (3%)of the time that the
Licensee's customer service call center is open for business,measured on a quarterly
basis, under Normal Operating Conditions.
(d)The Licensee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards herein unless an historical
record of Complaints indicates a clear failure to comply with such standards.
Section 12.3--INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME
(a)The Licensee shall respond to all requests for aerial installation(s)within seven(7)
days of such request, or at such other time as is mutually agreed-upon by the Licensee
and said Subscriber. Underground installation shall be completed as expeditiously as
practicable. If arranging appointments for installation, the Licensee shall specify in
advance whether such will occur in the morning or afternoon, or a narrow interval, if
possible within a four(4)hour time block in accordance with 47 C.F.R.
§76.309(c)(2)(iii), and the Licensee shall make reasonable efforts to install at times
convenient to Subscribers (including times other than 9:00 a.m. to 5:00 p.m.weekdays).
In the event that the Licensee misses a scheduled service visit, the Licensee shall provide
the Subscriber or customer with a priority service call.
(b)A Subscriber Complaint or request for service received after Normal Business
Hours shall be responded to the next business morning.
(c)The Licensee.shall ensure that there are stand-by technicians on-call at all times
after Normal Business Hours. ']`'he answering service shall be required to notify the stand-
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June 22, 2009
by technician(s) of(1) any emergency situations, (ii) an unusual number of calls and/or
(iii) a number of similar Complaint calls or a number of calls coming from the same area.
(d) System outages shall be responded to immediately, twenty-four(24)hours a day, by
technical personnel. For purposes of this section, an outage shall be considered to occur
when three(3) or more calls are received from any one neighborhood within one hour of
any such first call, concerning such an outage, or when the Licensee has reason to know
of such an outage.
(e) The Licensee shall respond to all requests for service or repair that are received
during the business hours described in Section 12.2. All of such requests shall be handled
on the same day, if possible,provided that said service Complaint or request for service is
received by 2:00 P.M.; provided, however,that in all instances, requests for service calls
shall be responded to within forty-eight(48)hours of said original call. Verification of
the problem and resolution shall occur as promptly as possible.
(f) The Licensee shall remove all Subscriber Drop Cables within thirty(30) days of
receiving a request from a Subscriber to do so.
Section 12.4---FCC CUSTOMER SERVICE OBLIGATIONS
The Licensee shall comply with the FCC's Customer Service Obligations, codified at
47 U.S.C. Section 76.309, as may be amended from time to time,which standards are
attached hereto, and made a part hereof, as Exhibit 12.
Section 12.5--BUSINESS PRACTICE STANDARDS
The Licensee shall provide the Issuing Authority, the Commission and all of its
Subscribers with the following information in accordance with 207 CMR 10.00 et seq.,
attached hereto as Exhibit 11 and made a part hereof, as the same may exist or as may be
amended from time to time:
(a)Notification of its Billing Practices;
(b)Notification of Services,Rates and Charges;
(c) Form of Bill
(d) Advance Billing, Issuance of Bills;
(e) Billing Due Dates, Delinquency, Late Charges and Termination of Service;
(f) Charges for Disconnection or Downgrading of Service;
(g) Billing Disputes; and
(h) Security Deposits.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
Section 12.6---COMPLAINT RESOLUTION PROCEDURES
(a) The Licensee shall establish a procedure for resolution of Complaints by
Subscribers.
(b)Upon reasonable notice, the Licensee shall expeditiously investigate and resolve all
Complaints regarding the quality of Service, equipment malfunctions and similar matters.
In the event that a Subscriber is aggrieved, the Issuing Authority or its designee(s) shall
be responsible for receiving and acting upon such Subscriber complaints/inquiries, as
follows:
(i) Upon the written request of the Issuing Authority or its designees), and
subject to applicable privacy laws, the Licensee shall, within ten(10)business days after
receiving such request, send a written report to the Issuing Authority or its designee(s)
with respect to any Complaint. Such report shall provide a full explanation of the
investigation, finding and corrective steps taken by the Licensee.
(ii) Should a Subscriber have an unresolved Complaint regarding cable television
operations, the Subscriber shall be entitled to file his or her Complaint with the Issuing
Authority or its designees), who shall have primary responsibility for the continuing
administration of this Renewal License and the implementation of Complaint procedures.
The Subscriber shall thereafter meet jointly with the Issuing Authority or its designee(s)
and a representative of the Licensee, within thirty(30)days of the Subscribers filing of
his or her Complaint, in order to fully discuss and resolve such matter. The Licensee shall
notify each new Subscriber, at the time of initial installation of Cable Service, of the
procedures for reporting and resolving all of such Complaints, and annually to all
Subscribers.
(c)Notwithstanding the foregoing, if the Issuing Authority or its designee(s) determines
it to be in the public interest, the Issuing Authority or its designee(s)may investigate any
multiple Complaints or disputes brought by Subscribers arising from the operations of the
Licensee.
Section 12.7---DAMAGE OR LOSS OF EQUIPMENT
The Licensee shall comply with all provisions of 207 CMR 9.00, as amended, and any
other applicable laws.
Section 12.8---REMOTE CONTROL DEVICES
The Licensee shall allow its Subscribers to purchase, from legal and authorized parties
other than the Licensee, own, utilize and program remote control devices that are
compatible with the Converter(s)provided by the Licensee. The Licensee takes no
responsibility for changes in its equipment that might make inoperable the remote control
devices acquired by Subscribers.
Section 12.9---•-LOSS OF SERVICE-SIGNAL QUALITY
The Licensee shall comply with all applicable FCC statutes, regulations and standards
relating to quality of the Signals transmitted over the Cable System. Upon a showing of a
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
number of complaints from Subscribers that indicates a general or area-wide Signal
quality problem concerning consistently poor or substandard Signal quality in the
System, the Issuing Authority shall provide the Licensee an opportunity to demonstrate
that its Signals meet or exceed FCC technical standards. In the event that the Licensee is
unable to demonstrate such compliance,the Issuing Authority shall, after giving the
Licensee fourteen(14) days notice and an opportunity to cure said deficiency, order the
Licensee to correct said Signal quality deficiencies,within fourteen(14) days of said
order; provided, however, that the Licensee may request additional time from the Issuing
Authority in which to correct said deficiency, which permission shall not be unreasonably
denied. The Issuing Authority and the'Licensee shall enter into good faith discussions
concerning possible remedies for consistent Signal degradation.
Section 12.10---EMPLOYEE IDENTIFICATION CARDS
All of the Licensee's employees entering upon private property, in connection with the
construction, installation, maintenance and/or operation of the Cable System, including
repair and sales personnel, shall be required to wear an employee identification card
issued by the Licensee and bearing a picture of said employee.
Section 12.11---PROTECTION OF SUBSCRIBER PRIVACY
(a) The Licensee shall respect the rights of privacy of every Subscriber of the Cable
Television System and shall not violate such rights through the use of any device or
Signal associated with the Cable Television System, and as hereafter provided.
(b) The Licensee shall comply with all privacy provisions contained in this Article 12
and all other applicable federal and State laws including,but not limited to, the provisions
of Section 631 of the Cable Act.
(c) The Licensee shall be responsible for carrying out and enforcing the Cable System's
privacy policy, and shall at all times maintain adequate physical, technical and
administrative security safeguards to ensure that personal subscriber information is
handled and protected strictly in accordance with this policy.
(d) The Licensee shall notify all third parties who offer Cable Services in conjunction
with the Licensee, or independently over the Cable Television System, of the subscriber
privacy requirements contained in this Renewal License.
Section 12.12---PRIVACY WRITTEN NOTICE
At the time of entering into an agreement to provide any Cable Service or other Service
to a Subscriber, and annually thereafter to all Cable System Subscribers, the Licensee
shall provide Subscribers with written notice, as required by Section 631(a)(1) of the
Cable Act,which, at a minimum, clearly and conspicuously explains the Licensee's
practices regarding the collection, retention, uses, and dissemination of personal
subscriber information, and describing the Licensee's policy for the protection of
subscriber privacy.
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-Town of.Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
Section 12.13---MONITORING
(a)Neither the Licensee nor its agents nor the Town nor its agents shall tap, monitor,
arrange for the tapping or monitoring, or permit any other Person to tap or monitor, any
cable, line, Signal, input device, or subscriber outlet or receiver for any purpose,without
the prior written authorization of the affected Subscriber provided, however, that the
Licensee may conduct system-wide or individually addressed "sweeps" solely for the
purpose of verifying System integrity, checking for illegal taps, connections or
Converters, controlling return-path transmission,billing for pay Services or monitoring
channel usage-in a manner not inconsistent with the Cable Act. The Licensee shall report
to the affected parties and the Issuing Authority any instances of monitoring or tapping of
the Cable Television System, or any part thereof, of which it has knowledge, whether or
not such activity has been authorized by the Licensee, other than as permitted herein.
(b) The Licensee shall not record or retain any information transmitted between a
Subscriber and any third party, except as required for lawful business purposes. Pursuant
to Section 631(e) of the Cable Act, the Licensee shall destroy personally identifiable
information if the information is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access to such information
pursuant to a request from a Subscriber or pursuant to a court order.
Section 12.14---DISTRIBUTION OF SUBSCRIBER INFORMATION
(a) The Licensee shall not disclose personally identifiable information concerning any
Subscriber without the prior written or electronic consent of the Subscriber concerned.
(b) The Licensee may disclose such information if the disclosure is:
(i)necessary to render, or conduct a legitimate business activity related to, a
Cable Service or other service provided by the Licensee to the Subscriber; and/or
(ii)made pursuant to a court order authorizing such disclosure, if the Subscriber is
notified of such order by the person to whom the order is directed
(iii) a disclosure of the names and addresses of Subscribers to any Cable Service
or other service, if a)the Licensee has provided the Subscriber the opportunity to prohibit
or limit such disclosure, and b) the disclosure does not reveal, directly or indirectly, the
(i) extent of any viewing or other use by the Subscriber of a Cable Service or other
service provided by the Licensee, or(ii)the nature of the transaction made by the
Subscriber over the Cable System.
Section 12.15----INFORMATION WITH RESPECT TO VIEWING HABITS
AND SUBSCRIPTION DECISIONS
Except as permitted by Section 631 of the Cable Act,neither the Licensee nor its agents
nor its employees shall make available to any third party, including the Town,
information concerning the viewing habits or subscription package decisions of any
individual Subscriber. If a court authorizes or orders such disclosure, the Licensee shall
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June 22,2009
notify the Subscriber as soon as practicable, unless applicable law or the court otherwise
prohibits such notification.
Section 12.16---SUBSCRIBER'S RIGHT To INSPECT AND VERIFY
INFORMATION
(a) The Licensee shall make available for inspection by a Subscriber at a reasonable
time and place all personal subscriber information that the Licensee maintains regarding
said Subscriber.
(b)A Subscriber may obtain from the Licensee a copy of any or all of the personal
subscriber information regarding him or her maintained by the Licensee. The Licensee
may require a reasonable fee for making said copy.
(c)A Subscriber may challenge the accuracy, completeness,retention, use or
dissemination of any item of personal subscriber information. Such challenges and
related inquiries about the handling of subscriber information shall be directed to the
Licensee. The Licensee shall change any such information upon a reasonable showing by
any Subscriber that such information is inaccurate.
Section 12.17---PRIVACY STANDARDS REVIEW
The Issuing Authority and the Licensee shall periodically review this Article 12 to
determine that it effectively addresses appropriate concerns about privacy. This Article
may be amended periodically by agreement of the Issuing Authority and the Licensee.
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June 22,2009
ARTICLE 13
REPORTS, AUDITS AND PERFORMANCE TESTS
Section 13.1---GENERAL
(a)Upon the written request of the Issuing Authority, the Licensee shall promptly
submit to the Town any information regarding(1)the Licensee, its business and
operations with respect to the Cable System, and/or(2) any Affiliated Persons), with
respect to the computation of Gross Annual Revenues, if applicable, in such form and
containing such detail as may be reasonably specified by the Town pertaining to the
subject matter of this Renewal License which may be reasonably required to establish the
Licensee's compliance with its obligations pursuant to this Renewal License.
(b) If the Licensee believes that the documentation requested by the Issuing Authority
involves proprietary information, then the Licensee shall submit the information to its
counsel,who shall confer with the Town Counsel for a determination of the validity of
the Licensee's claim of a proprietary interest.
Section 13.2---FINANCIAL REPORTS
(a)Upon the written request of the Issuing Authority after the end of the Licensee's
fiscal year, the Licensee shall furnish the Issuing Authority with Commission Forms 200
showing a balance sheet sworn to by the Licensee's authorized Financial Officer.
(b) Any other reports required by State and/or federal law to be filed with the Issuing
Authority.
Section 13.3---CABLE SYSTEM INFORMATION
Upon written request, the Licensee shall file annually with the Issuing Authority a
statistical summary of the operations of the Cable System. Said report shall include, but
not be limited to, (i) the number of Basic Service Subscribers, (ii) the number of dwelling
units passed; and(iii) the number of plant miles completed. The Licensee may submit
such information subject to Section 13.1(b) above, and it shall be considered proprietary.
Section 13.4---IN-HOUSE TELEPHONE REPORTS
To establish the Licensee's compliance with the requirements of this Renewal License,
the Licensee shall provide, on a quarterly basis, the Issuing Authority with a report of
telephone traffic, generated from an in-house automated call accounting or call tracking
system.
Section 13.5---SUBSCRIBER COMPLAAINT/SERVICE INTERRUPTION
REPORT
The Licensee shall submit a completed copy of Competition Division Form 500,
attached hereto as Exhibit 13, to the Issuing Authority, or its designee, as required by the
Competition Division.
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-Town of Lexington Cable Television Renewal License Granted to RCN-B ec oCom, Inc.
June 22,2009
Section 13.6----INDIVIDUAL COMPLAINT REPORTS
Subject to Sections 12.6 and 12.14(a) supra,the Licensee shall, within ten (10)business days after receiving a written request from the Town, send a written report to the Issuing
Authority with respect to any complaint. Such report shall provide a full explanation of
the investigation, finding(s) and corrective steps taken, as allowed by applicable law.
Section 13.7---PERFORMANCE TESTS
(a) As required by applicable State or federal law and/or regulation, the Licensee shall
conduct, on a semi-annual basis, performance tests to ensure compliance with the
technical specifications in Section 3.5 supra attached hereto, including, without
limitation:
(i) Signal level of video carrier of each activated channel;
(ii) System carrier to noise levels measured at low and high VHF channels;
(iii) System hum modulation measured at any one frequency.
The costs of such tests shall be borne exclusively by the Licensee.
(b) Data from the above tests shall be submitted to the Issuing Authority and/or its
designee on a semi-annual basis within ten (10) calendar days after completion of such
testing. Unless otherwise required by applicable law or regulation, said reports shall also
include, without limitation, the name of the engineer who supervised the test; a
description of test equipment and procedures used; measurement of locally receivable
Signals; the weather conditions under which such tests were taken; measurements of
Cable
System performance as required in Section 3.5 supra; and a statement of the
y
Licensee's adherence to all performance standards (Exhibit 1), and if said standards are
not satisfactorily met, a statement as to what corrective action is to be taken.
(c) All tests herein shall be performed at (1) the Cable System Hub and (2) at four(4)
locations in the Town farthest from the Hub: one (1) of which locations shall be on the I-
Net, and the three (3) other locations on the,Subscriber Network.
.Section 13.8---QUALITY OF SERVICE
(a) Where there exists evidence which, in the reasonable judgment of the Issuing
Authority, casts doubt upon the reliability or technical quality of Cable Service(s), on
either the Subscriber Network or the I-Net, the Issuing Authority shall have the right and
authority to require the Licensee to test, analyze and report on the performance of the
Cable System. The Licensee shall fully cooperate with the Issuing Authority in
performing such testing and shall provide the results in a written report, if requested,
within thirty(30) days after notice for the same.
(b) Said report shall include the following information:
(i) the nature of the complaint or problem that precipitated the special tests;
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(ii)the system component tested,
(iii)the equipment used and procedures employed in testing;
(iv)the method, if any, in which such complaint/problem was resolved; and
(v) any other information pertinent to said tests and analysis as required.
(c)At the conclusion of said thirty(30)day period, in the event that the Cable System
fails to meet the FCC's technical standards, additional tests may be required by the
Issuing Authority, supervised by a professional engineer at terms satisfactory to both the
Licensee and the Issuing Authority. The Licensee shall pay for the costs of such engineer
only if the tests performed show that the quality of service is below the standards set forth
in Section 3.5 supra, and Exhibit 1, attached hereto.
Section 13.9---DUAL FILINGS
To the extent required by applicable law, either party shall notify the other of any
petitions, communications, and/or requests for waiver or advisory opinion with any State
or federal agency or commission pertaining to any material aspect of the Cable System
operation hereunder, subject to Section 13.1 above, and upon the other party's written
request, shall male available at its own expense to the other party copies of any such
petitions, communications or requests.
Section 13.10---ADDITIONAL INFORMATION
At any time during the term of this Renewal License,upon the reasonable request of the
Issuing Authority, the Licensee shall not unreasonably deny any requests for further
information that may be required to establish the Licensee's compliance with its
obligations pursuant to this Renewal License and subject to Section 13.1 supra.
Section 13.11---INVESTIGATION
The Licensee and any Affiliated Person(s) shall cooperate fully and faithfully with any
lawful investigation, audit or inquiry conducted by a Town governmental agency.
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-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
ARTICLE 14
EMPLOYMENT
Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY
The Licensee shall comply with all laws and regulations with respect to Equal
Employment Opportunities.
Section 14.2---NON-DISCRIrvIINATION
The Licensee shall adhere to all federal and State laws prohibiting discrimination in
employment practices.
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June 22,2009
ARTICLE 15
MISCELLANEOUS PROVISIONS
Section 15.1---ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties, supersedes all prior
agreements or proposals except as specifically incorporated herein, and cannot be
changed orally but only by an instrument in writing executed by the parties.
Section 15.2---CAPTIONS
The captions to sections throughout this Renewal License are intended solely to
facilitate reading and reference to the sections and provisions of this Renewal License.
Such captions shall not affect the meaning or interpretation of this Renewal.License.
Section 15.3---SEPARABILITY
If any section, sentence, paragraph, term or provision of this Renewal License is
determined to be illegal, invalid or unconstitutional,by any court of competent
jurisdiction or by any State or federal regulatory agency having jurisdiction thereof, such
determination shall have no effl ct on the validity of any other section, sentence,
paragraph, term or provision hereof, all of which shall remain in full force and effect for
the term of this Renewal License.
Section 15.4---ACTS OR OMISSIONS OF AFFILIATES
During the term of this Renewal License, the Licensee shall be liable for the acts or
omission of its Affiliates while such Affiliates are involved directly or indirectly in the
construction, upgrade, installation, maintenance or operation of the Cable System as if
the acts or omissions of such Affiliates were the acts or omissions of the Licensee.
Section 15.5---RENEWAL LICENSE EXHIBITS
The Exhibits to this Renewal License, attached hereto, and all portions thereof, are
incorporated herein by this reference and expressly made a part of this Renewal License.
Section 15.6---WARRANTIES
The Licensee warrants, represents and,acknowledges that, as of the Effective Date of
this Renewal License:
(a) The Licensee is duly organized, validly existing and in good standing under the laws
of the State;
(b) The Licensee has the requisite power and authority under applicable law and its
by--laws and articles of incorporation and/or other organizational documents, is
authorized by resolutions of its Board of Directors or other governing body, and has
secured all consents which are required to be obtained as of the Effective Date of this
Renewal License, to enter into and legally bind the Licensee to this Renewal License and
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June 22,2009
to take all actions necessary to perform all of its obligations pursuant to this Renewal
License;
(c) This Renewal License is enforceable against the Licensee in accordance with the
provisions herein, subject to applicable State and federal law;
(d) There is no action or proceedings pending or threatened against the Licensee which
would interfere with its performance of this Renewal License; and
(e) Pursuant to Section f 25(f) of the Cable Act, the performance of all terms and
conditions in this Renewal License is commercially practicable as of the Effective Date
of this Renewal License.
Section 15.7---FORCE MAJEURE
If by reason of force maj eure'seither party is unable in whole or in part to carry out its
obligations hereunder, said party shall not be deemed in.violation or default during the
continuance of such inability. The term "force maj eure" as used herein shall mean the
following: acts of God; acts of public enemies; orders of any kind of the government of
the United States of America or of the State or any of their departments, agencies,
political subdivision, or officials, or any civil or military authority; insurrections; riots;
epidemics; landslides; lightening; earthquakes; fires; hurricanes; volcanic activity;
storms; floods; washouts; droughts; civil disturbances; explosions; strikes; and
unavailability of essential equipment, services and/or materials and/or other matters
beyond the control of the Issuing Authority, the Town or the Licensee..
Section 15.8---REMOVAL OF ANTENNAS
The Licensee shall not remove any television antenna of any Subscriber but shall offer
to said Subscriber, and maintain, an adequate switching device("A/B Switch") to allow
said Subscriber to choose between cable and non-cable television reception.
Section 15.9---SUBSCRIBER TELEVISION SETS
Pursuant to M.G.L. Chapter 156A, Section 5(d), the Licensee shall not engage directly
or indirectly in the business of selling or repairing television or radio sets; provided,
however, that the Licensee may make adjustments to television sets in the course of
normal maintenance.
Section 15.10 ---APPLICABILITY OF RENEWAL LICENSE
All of the provisions in this Renewal License shall apply to the Town, the Licensee, and
their respective successors and assignees.
Section 15.11---NOTICES
(a) Every notice to be served upon the Issuing Authority shall be delivered, or sent by
certified mail (postage prepaid) to the Board of Selectmen, Town of Lexington,
Lexington Town office Building, 1625 Massachusetts Avenue, Lexington,
Massachusetts 02420, with one (1) copy to the Town Counsel, or such other address as
the Issuing Authority may specify in writing to the Licensee. The delivery shall be
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June 22, 2009
equivalent to direct personal notice, direction or order, and shall be deemed to have been
given at the time of receipt.
(b) Every notice served upon the Licensee shall be delivered or sent by certified mail
(postage prepaid)to the Vice-President of Regulatory Affairs, RCN, 105 West First
Street, South Boston, MA 02127, with one (1)copy to such other address as the Licensee
may specify in writing to the Issuing Authority. The delivery shall be equivalent to direct
personal notice, direction or order, and shall be deemed to have been given at the time of
receipt.
(c) All required notices shall be in writing.
Section 15.12---NO RECOURSE AGAINST THE ISSUING AUTHORITY
In accordance with Section 53 5A(a) of the Cable Act, the Licensee shall have no
recourse whatsoever against the Issuing Authority, the Town and/or its officials, boards,
commissions, committees, advisors, designees, agents, and/or its employees other than
injunctive relief or declaratory relief, arising out of any provision or requirements of this
Renewal License or because of enforcement of this Renewal License.
Section 15.13---TOWN'S RIGHT OF INTERVENTION
The Town hereby reserves to itself the right to intervene in any suit, action or
proceeding involving this Renewal License, or any provision in this Renewal License.
The Licensee reserves the right to contest such intervention.
Section 15.14---TERM
All obligations of the Licensee and the Isswwwwuing Authority set forth in this
Renewal License shall commence upon the Effective Date of this Renewal License and
shall continue for the ten(10) year term of this Renewal License, except as expressly
provided for otherwise herein.
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June 22, 2009
EXHIBITS
E-1
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 1
FCC TECHNICAL SPECIFICATIONS
TITLE 47 TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
§76.605 Technical standards.
(a)As of December 30, 1992,unless otherwise noted,the following requirements apply to the performance
of a cable television system as measured at any subscriber terminal with a matched impedance at the
termination point or at the output of the modulating or processing equipment(generally the headend)of the
cable television system or otherwise as noted.The requirements are applicable to each NTSC or similar
video downstream cable television channel in the system:
(1)(i)The cable television channels delivered to the subscriber's terminal shall be capable of being received
and displayed by TV broadcast receivers used for off-the-air reception of TV broadcast signals, as
authorized under part 73 of this chapter; and
(ii)Cable television systems shall transmit signals to_subscriber premises equipment on frequencies in
accordance with the channel allocation plan set forth in the Electronics Industries Association's "Cable
Television Channel Identification Plan,EIA IS-132,May 1994"(EIA IS-132).This incorporation by
reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 522(a)and 1
CFR Part 51.Cable systems are required to use this channel allocation plan for signals transmitted in the
frequency range 54 MHz to 1002 MHz.This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 522(a)and 1 CFR Part 51. Copies of EIA IS-132 may be
obtained from: Global Engineering Documents,2805 McGraw Ave.,Irvine CA 92714. Copies of EIA IS-
132 may be inspected during normal business hours at the following locations:Federal Communications
Commission, 1919 M Street,NW,Dockets Branch(Room 239),Washington,DC, or the Office of the
Federal Register, 800 North Capitol Street,NW.,suite 700,Washington,DC.This requirement is
applicable on May 31, 1995,for new and re-built cable systems,and on June 30, 1997,for all cable
systems.
(2)The aural center frequency of the aural carrier must be 4.5 MHz±5 kHz above the frequency of the
visual carrier at the output of the modulating or processing equipment of a cable television system, and at
the subscriber terminal.
(3)The visual signal level, across a terminating impedance which correctly matches the internal impedance
of the cable system as viewed from the subscriber terminal,shall not be less than 1 millivolt across an
internal impedance of 75 ohms(0 dBmV).Additionally, as measured at the end of a 30 meter(100 foot)
cable drop that is connected to the subscriber tap,it shall not be less than 1.41 millivolts across an internal
impedance of 75 ohms(+3 dBmV).(At other impedance values,the minimum visual signal level, as
viewed from the subscriber terminal,shall be the square root of 0.0133 (Z)millivolts and, as measured at
the end of a 30 meter(100 foot)cable drop that is connected to the subscriber tap,shall be 2 times the
square root of 0.00662(Z)millivolts, where Z is the appropriate impedance value.)
(4)The visual signal level on each channel,as measured at the end of a 30 meter cable drop that is
connected to the subscriber tap,shall not vary more than 8 decibels within any six-month interval,which
must include four tests performed in six-hour increments during a 24-hour period in July or August and
during a 24-hour period in January or February,and shall be maintained within:
(i)3 decibels(dB)of the visual signal level of any visual carrier within a 6 MHz nominal frequency
separation;
(ii) 10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of
cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable
E-2
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
distribution system upper frequency limit(e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at
401-500 MHz,etc.);and
(iii)A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal
does not occur.
(5)The rxns voltage of the aural signal shall be maintained between 10 and 17 decibels below the
associated visual signal level. This requirement must be met both at the subscriber terminal and at the
output of the modulating and processing equipment(generally the headend).For subscriber terminals that
use equipment which modulate and remodulate the signal.(e.g.,baseband converters),the rms voltage of
the aural signal shall be maintained between 6.5 and 17 decibels below the associated visual signal level at
the subscriber terminal.
(6)The amplitude characteristic shall be within a range of±2 decibels from 0.75 MHz to 5.0 MHz above
the lower boundary frequency of the cable television channel,referenced to the average of the highest and
lowest amplitudes within these frequency boundaries.
(i)Prior to December 30, 1999,the amplitude characteristic may be measured after a subscriber tap and
before a converter that is provided and maintained by the cable operator.
(ii)As of December 30, 1999,the amplitude characteristic shall be measured at the subscriber terminal.
(7)The ratio of RF visual signal level to system noise shall be as follows:
(i)From June 30, 1992,to June 30, 1993,shall not be less than 36 decibels.
(ii)From June 30, 1993 to June 30, 1995,shall not be less than 40 decibels:
(iii)As of June 30, 1995,shall not be less then 43 decibels.
(iv)For class I cable television channels,the requirements of paragraphs(a)(7)(i),(a)(7)(ii)and(a)(7)(iii)
of this section are applicable only to:
(A)Each signal which is delivered by a cable television system to subscribers within the predicted Grade B
contour for that signal;
(B)Each signal which is first picked up within its predicted Grade B contour;
(C)Each signal that is first received by the cable television system by direct video feed from a TV
broadcast station,a low power TV station,or a TV translator station.
(8)The ratio of visual signal level to the rms amplitude of any coherent disturbances such as
intermodulation products,second and third order distortions or discrete-frequency interfering signals not
operating on proper offset assignments shall be as follows:
(i)The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for
noncoherent channel cable television systems,when measured with modulated carriers and time averaged;
and
(ii)The ratio of visual signal level to coherent disturbances which are frequency-coincident with the visual
carrier shall not be less than 47 decibels for coherent channel cable systems,when measured with
modulated carriers and time averaged.
(9)The terminal isolation provided to each subscriber terminal:
(i) Shall not be less than 18 decibels. In lieu of periodic testing,the cable operator may use specifications
provided by the manufacturer for the terminal isolation equipment to meet this standard;and
(ii) Shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber
terminals from producing visible picture impairments at any other subscriber terminal.
(10)The peak-to--peak variation in visual signal level caused by undesired low frequency disturbances
(hum or repetitive transients)generated within the system,or by inadequate low frequency response,shall
not exceed 3 percent of the visual signal level.Measurements made on a single channel using a single
unmodulated carrier may be used to demonstrate compliance with this parameter at each test location.
(11)As of June 30, 1995,the following requirements apply to the performance of the cable television
system as measured at the output of the modulating or processing equipment(generally the headend) of the
system:
(i)The chrominance-luminance delay inequality(or chroma delay),which is the change in delay time of the
chrominance component of the signal relative to the luminance component,shall be within 170
nanoseconds.
(ii)The differential gain for the color subcarrer of the television signal,which is measured as the
difference in amplitude between the largest and smallest segments of the chrominance signal(divided by
the largest and expressed in percent),shall not exceed±20%.
E-3
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
(iii)The differential phase for the color subcarrier of the television signal which is measured as the largest
phase difference in degrees between each segment of the chrominance signal and reference segment(the
segment at the blanking level of 0 IRE), shall not exceed±10 degrees.
(12)As an exception to the general provision requiring measurements to be made at subscriber terminals,
and without regard to the type of signals carried by the cable television system,signal leakage from a cable
television system shall be measured in accordance with the procedures outlined in§76.609(h)and shall be
limited as follows:
Signal
leakage-
Frequencies limit Distance in
(micro-volt/ meters(m)
meter)
Less than and including 54 MHz,and over 216 MHz 15 30
Over 54 up to and including 216 MHz 2.0 3
(b)Cable television systems distributing signals by using methods such as nonconventional coaxial cable
techniques,noncoaxial copper cable techniques, specialized coaxial cable and fiber optical cable
hybridization techniques or specialized compression techniques or specialized receiving devices,and
which,because of their basic design,cannot comply with one or more of the technical standards set forth in
paragraph(a)of this section,may be permitted to operate:Provided,That an adequate showing is made
pursuant to § 76.7 which establishes that the public interest is benefited.In such instances, the Commission
may prescribe special technical requirements to ensure that subscribers to such systems are provided with
an equivalent level of good quality service.
Note 1: Local franchising authorities of systems serving fewer than 1000 subscribers may adopt standards
less stringent than those in§76.605(a).Any such agreement shall be reduced to writing and be associated
with-the system's proof-of-performance records.
Note 2:For systems serving rural areas as defined in§ 76.5,the system may negotiate with its local
franchising authority for standards less stringent than those in§§76.605(a)(3), 76.605(a)(7),76.605(a)(8),
76.605(a)(10)and 76.605(a)(11).Any such agreement shall be reduced to writing and be associated with
the system's proof-of-performance records.
Note 3:The requirements of this section shall not apply to devices subject to the provisions of§§ 15.601
through 15.626.
Note 4: Should subscriber complaints arise from a system failing to meet§76.605(a)(6)prior to December
30, 1999,the cable operator will be required to provide a converter that will allow the system to meet the
standard immediately at the complaining subscriber's terminal.Further,should the problem be found to be
system-wide,the Commission may order all converters on the system be changed to meet the standard.
Note 5: Should subscriber complaints arise from a system failing to meet§76.605(a)(10),the cable
operator will be required to remedy the complaint and perform test measurements on§ 76.605(a)(10)
containing the full number of channels as indicated in§76.601(b)(2)at the complaining subscriber's
terminal.Further, should the problem be found to be system-wide,the Commission may order that the full
number of channels as indicated in§ 76.601(b)(2)be tested at all required locations for future proof-of-
performance tests.
Note 5:No State or franchising authority may prohibit,condition,or restrict a cable system's use of any
type of subscriber equipment or any transmission technology.
[37 FR 3278,Feb. 12, 1972,as amended at 37 FR 13867,July 14, 1972;40 FR 2690,Jan. 15, 1975;40 FR
3296,Jan.21, 1975;41 FR 53028,Dec.3, 1976;42 FR 21782,Apr. 29, 1977;47 FR 21503,May 18, 1982;
50 FR 52466,Dec. 24, 1985;51 FR 1255,Jan. 10, 1986;52 FR 22461,June 12, 1987; 57 FR 11002,Apr.
1, 1992; 57 FR 61010,Dec.23, 1992; 58 FR 44952,Aug. 25, 1993; 59 FR 25342,May 16, 1994; 61 FR
18510,Apr. 26, 1996;61 FR 18978,Apr. 30, 1996;65 FR 53616,Sept. 5,2000]
E-4
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 2
GENERAL DESCRIPTION OF THE LEXINGTON
INSTITUTIONAL NETWORK
RCN-BecoCom, Inc. ("RCN")provides the fiber optic cable strands that establish the
institutional network("I-NET") for the Town of Lexington(the "Town"). Two single
mode fiber optic strands connect each building specified by the Town to the RCN hub in
Lexington using a star network topology. One fiber is used for upstream transmission
from the I-NET location to the hub. The second fiber is used for downstream
transmission. This second fiber can be optically split, and therefore shared,with other
locations on the I-NET. The fibers are used exclusively for the I-NET.
In normal use, the I-Net operates as a Gigabit Ethernet system,with both fibers at a
location attached to the local Ethernet in that building. A complete Ethernet connection
between two buildings is provided by the main switch currently located at the RCN Hub.
Ethernet packets sent from one I-Net location travel over the local Ethernet carrying
addressing information allowing them to flow onto the upstream I-Net strand at that
location, then to the main switch,where the address portion determines the I-Net location
for which the packets are bound. A temporary connection is made through the switch
from the incoming upstream fiber to the outgoing downstream fiber, and the packets are
thus sent to the destination I-Net location and onto its local Ethernet. Internet access is
also provided at the main switch location: The switch makes a connection from one I-
Net location to the Internet access point instead of to a destination I-Net location.
For a pair of I-Net locations (or one I-Net location to the Internet) in frequent
communication, the switch connection can be maintained for a long time, or even
permanently. This saves time in connection setup,but does tie up scarce resources, i.e.,
the switch connections. Normally,the switch connection is broken down once the
communication is terminated.
During the term of this Renewal License,the main switch will, for improved security, be
relocated to the Town's new headend at the DPW Building. This will require extending
all upstream and downstream fibers from the RCN hub to the Town headend, allowing I-
Net switching to operate exactly as it does now.
E-5
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 3
CURRENT INSTITUTIONAL NETWORK LOCATIONS
(1) East Branch Library: 737 Massachusetts Avenue
(2) East Lexington Fire Station: 1006 Massachusetts Avenue
(3) Council-on-Aging: 1475 Massachusetts Avenue .
(4) Police Station: 1575 Massachusetts Avenue
(5) School Administration Building: 146 Maple Street
(6) Cary Hall: 1605 Massachusetts Avenue
(7) Town Hall: 1625 Massachusetts Avenue
(8) Cary Memorial Library: 1874 Massachusetts Avenue
(9) Fire Headquarters: 43 Bedford Street
(10) DPW Operations: 201 Bedford Street
(11) DPW Recycling Area: 60 Hartwell Avenue
(12) Westview Cemetery: 520 Bedford Street
(13) Clarke School: 17 Stedman Road
(14) Diamond Middle School: 99 Hancock Street
(15) Bowman School: 9 Phillips Road
(16) Bridge School: 55 Middleby Road
(17) Estabrook School: 117 Grove Street
(18) Fiske Elementary School: 55 Adams Street
(19) Harrington Elementary School: 328 Lowell Street
(20) Minuteman Regional Vocational School: 758 Marrett Road
(21) Lexington High School:251 Waltham Street
(22) North Lexington Pump Station: Bedford Street/Route 128
(23) Visitors Center: 1875 Massachusetts Avenue
(24) Hastings School: 7 Crosby Road
(25) PEG Access Studio: Kline Hall, 1001 Main Campus Drive
(26) Hancock Church: 1912 Massachusetts Avenue
(27) DPW Administration Building: 1557 Massachusetts Avenue
E-6
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
� EXHIBIT 4
FUTURE INSTITUTIONAL NETWORK LOCATIONS
(1) Town Swimming Pool
(2) Town Golf Course
(3) Reservoir Maintenance Building, 501 Marrett Road
(4) Softball Field Lighting Control Building, Park Drive
E-7
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 5
DEDICATED FIBER LINK CONNECTIONS TO ACCESS STUDIO
(1) Cary Hall, 1605 Massachusetts Avenue
(2) Hancock Church studio.1912 Massachusetts Avenue
(3) Lexington High School, 251 Waltham Street
(4) Town Hall, 1625 Massachusetts Avenue
E-8
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
EXHIBIT 6
THREE-PARTY INSTITUTIONAL NETWORK AGREEMENT
BOARD OF SELECTMEN
TOWN OFFICE BUILDING
1625 MASSACHUSETTS AVENUE
LEXINGTON, MA 02420
June 22, 2009
Thomas Steel
Vice-President and Regulatory Counsel
RCN-BecoCom, Inc.
105 West First Street
South Boston, MA 02127
Neven Rab adj ij a
Associate General Counsel
NSTAR Communications, Inc.
800 Boylston Street, 17th Floor
Boston, MA 02199
RE: RCN Institutional Network in Lexin tan
Dear Mr. Steel and Mr. Rabadj ij a:
I am writing to you as Chairman of the Board of Selectmen, statutory Issuing Authority
for the Town of Lexington, MA (the "Town"). The Board of Selectmen is expected to
grant a Cable Television Renewal License to RCN-BecoCom, Inc. ("RCN") on June 22,
2009. The Selectmen are aware that the Town's Communications Advisory Committee
has raised concerns about the status of the Institutional Network (the "I-Net") over the
term of the new Renewal License. It is our understanding that while RCN is the Licensee
in Lexington and maintains and operates the I-Net, NSTAR Communications, Inc., a
subsidiary of NSTAR, actually awns the fiber infrastructure; RCN itself has an
indefeasible right-of-use ("IRU") of the fiber strands comprising the I--Net. To that end,
the Selectmen would like to have an agreement between the Town, RCN and NSTAR
Communications on this matter, as memorialized below:
In the event that(i)RCN in any manner abandons the several fibers that comprise
the Lexington Institutional Network ("I-Net"), and (ii) the Renewal License, dated
June 22, 2009, is not transferred to another party in accordance with said Renewal
License, then said several fibers will continue to-be made available by NSTAR
E-9
-Town of Lexington Cable Television Renewal License Granted to RCN--BecoCom, Inc.-
June 22,2009
Communications for use by the Town of Lexington, for continued use by the
Town of Lexington as its I-Net, in accordance with the Renewal License.
This agreement is made with the express understanding that while NSTAR
Communications owns the fiber cable, and has certain maintenance obligations regarding
the fiber cable as a whole (as long as it is being compensated for such maintenance, in
accordance with its IRU agreement), NSTAR Communications does not, and will not (a)
provide any "lit fiber" services or equipment; (b) provide any operational, diagnostic,
repair or Maintenance services with respect to specific strands of fiber; (c) provide any
fiber or cable relocation (e.g. transfer from pole to pole), replacement, repair or
reconfiguration (e.g. new laterals, or reconfiguration of connections) services, except if it
chooses to do so, upon specific request and with full reimbursement of costs and
overhead.
In other words, NSTAR Communications agrees hereby to simply provide a passive
availability of the fibers currently comprising the I-Net so long as the cable is in place,
and not to provide an active service of the kind RCN may now provide under its existing
or new Renewal License with the Town.
In addition, in the event of RCN's demise, if the IRU Agreement were not assumed by
another carrier and continued, then NSTAR Communications reserves all rights, and
accepts no limitation on its right to sell or re-use all or any part of the fiber network in its
own best financial interest, including the fibers reserved to the Town, but subject to the
Town's continuing access to such fibers, as specified herein, so long as the cable is in
place.
I would appreciate it if you would indicate your agreement with the foregoing by
signing below.
Thank-you for your assistance in this matter.
The Town of Lexington RCN-BecoCom, Inc. NSTAR Communications, Inc.
BY: Norman Cohen BY: Thomas Steel BY: Neven Rabadjij a
Chairman, Board of Vice-President Attorney for NSTAR
Selectmen Communications, Inc.
E-1 0
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APRIL 19TH
4 ZNol0 OFFICE OF SELECTMEN
NORMAN P.COHEN,CHAIRMAN
JEANNE K.KRIEGER June 22,2009
PETER C.J.KELLEY TEL:(781)862-0500 x208
HANK MANZ FAX: (781)863-9468
GEORGE A.BURNELL
Thomas Steel
Vice-President and Regulatory Counsel
RCN-BecoCom, Inc.
105 West First Street
South Boston,MA 02127
Neven Rabadj ij a
Associate General Counsel
NSTAR Communications,Inc.
800 Boylston Street, 17'h Floor
Boston,MA 02199
RE: RCN Institutional Network in Lexington
Dear Mr. Steel and Mr. Rabadj ija:
I am writing to you as Chairman of the Board of Selectmen, statutory Issuing Authority for the Town of
Lexington, MA (the "Town"). The Board of Selectmen is expected to grant a Cable Television Renewal License
to RCN-BecoCom, Inc. ("RCN") on June 22, 2009. The Selectmen are aware that the Town's Communications
Advisory Committee has raised concerns about the status of the Institutional Network(the "I-Net") over the term
of the new Renewal License. It is our understanding that while RCN is the Licensee in Lexington and maintains
and operates the I-Net, NSTAR Communications, Inc., a subsidiary of NSTAR, actually owns the fiber
infrastructure; RCN itself has an indefeasible right-of-use ("IRU") of the fiber strands comprising the I-Net. To
that end, the Selectmen would like to have an agreement between the Town, RCN and NSTAR Communications
on this matter, as memorialized below:
In the event that(i)RCN in any manner abandons the several fibers that comprise the
Lexington Institutional Network("I-Net"), and(ii)the Renewal License, dated June 22, 2009, is not
transferred to another party in accordance with said Renewal License,then said several fibers will
continue to be made available by NSTAR Communications for use by the Town of Lexington, for
continued use by the Town of Lexington as its I-Net, in accordance with the Renewal License.
This agreement is made with the express understanding that while NSTAR Communications owns the
fiber cable, and has certain maintenance obligations regarding the fiber cable as a whole (as long as it is being
compensated for such maintenance, in accordance with its IRU agreement), NSTAR Communications does not,
and will not (a) provide any "lit fiber" services or equipment; (b) provide any operational, diagnostic, repair or
maintenance services with respect to specific strands of fiber; (c) provide any fiber or cable relocation (e.g.
transfer from pole to pole), replacement, repair or reconfiguration (e.g. new laterals, or reconfiguration of
connections) services, except if it chooses to do so, upon specific request and with full reimbursement of costs
and overhead.
1625 MASSACHUSETTS AVENUE•LEXINGTGN,MASSACHUSETTS 02420
e-mail selectmen@dlexington.ma.us
Thomas Steel
Neven Rabadj i j a
Page Two June 22,2009
In other words, NSTAR Communications agrees hereby to simply provide a passive availability of the
fibers currently comprising the I-Net so long as the cable is in place, and not to provide an active service of the
kind RCN may now provide under its existing or new Renewal License with the Town.
In addition, in the event of RCN's demise, if the IRU Agreement were not assumed by another carrier and
continued, then NSTAR Communications reserves all rights, and accepts no limitation on its right to sell or re-use
all or any part of the fiber network in its own best financial interest, including the fibers reserved to the Town, but
subject to the Town's continuing access to such fibers, as specified herein, so long as the cable is in place.
I would appreciate it if you would indicate your agreement with the foregoing by signing below.
Thank you for your assistance in this matter.
Very truly yours,
Norman P. Cohen
Chairman
NPCllap
RCN-BecoCom,Inc.
BY: Thomas Steel
Vice-President
NSTAR Communications,Inc.
&_�_
BY: Neven Rabadj ij a
Attorney for NSTAR Communications,Inc.
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, inc.-
June 22,2009
EXHIBIT 7
PROGRAMMING AND INITIAL SIGNAL CARRIAGE
The Licensee shall provide the following broad categories of Programming:
+News Programming;
+Sports Programming;
+Public Affairs Programming;
+Children's Programming;
+Entertainment Programming;
+Foreign Language Programming;and
+Local Programming.
For informational purposes, it is the Licensee's intention to have the following channel
line-up upon the Effective Date of this Renewal License, subject to applicable law and the
Licensee's editorial discretion.
E-11
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
1 Video ON 148 Encore 251 TBN 389 NFL Network 521 Antenna
DEMAND RetroPlex 262 Inspirational 390 Tennis Satellite(Greek)
2 WGBH 2 149 Encore 263 The Word Channel 528 C1 R-Russian
(PBS) IndiePlex 301 C-SPAN 391 MLB Network 529 RTN(Russian)
3 Public Access 150 Encore 302 C-SPAN2 392 NBA Network 535 Filipino
4 WBZ 4(CBS) Premium 303 C-SPAN3 400 HBO Channel
5 WCVB 5(ABC) 151 Encore Action 305 CNN 401 HBO Family (Filipino/Tagalog)
6 WFXT 25(Fox) 152 Encore Drama 306 CNN Headline 402 HBO 2 536 GMA Pinoy TV
7 WHDH 7 153 Encore Lone News 403 HBO Signature TV(Filipino)
(NBC) 154 Encore 307 CNN 404 HBO Zone 537 GMA Life
8 RCN TV Local Mystery International 405 HBO Comedy (Filipino)
9 WENH(PBS) 155 Encore Warn 310 CNBC 406 HBO Latino 538 MYX(Pan
10 WLVI 56(The 156 Encore 311 MSNBC 410 Cinemax Asian)
CW) Westerns 315 Fox News 411 MoreMAX 540 RTP
11 WSBK 158 IFC Channel 412 ThrillerMAX International
12 WBPX fib 159 Sundance 316 Fox Business 413 ActionMAX (Portugese)
(ION) Channel News 414 WMAX 541 TV Globo
13 Public Access 160 MTV 318 New England 415 @MAX (Portugese)
14 WGBX 44 161 MTV2 Cable News 416 5StarMAX 549 Setanta Sports
(PBS) 162 MTV Hits 320 The Weather 417 OMAX 550 ❑e Pelicula
15 Public Access 163 MTV Jams Channel 419 Showtime 551 Cine Mexicano
16 WNEU 164 MTV Tr3s 322 ABC News Family Zone 552 CineLatino
(Telemundo) 165 VH1 Now 420 Showtime 553 MTV Tr3s
17 WUNI 27 166 VH1 Classic 325 BLOOMBERG 421 Showtime Too 554 hTV musica
(Univision) 167 VH1 Soul TELEVISION 422 Showtime 555 Telehit
18 WZMY(MyTV) 170 CMT 326 Current TV Showcase 556 Ritmoson
19 WWDP 46 171 CMT Pure 330 NASA TV 423 Showtime Latino
20 WYDN Country 331 Pentagon Extreme 557 LaTele Novela
21 WMFP 178 Fuse Channel 424 Showtime 558 Utilisima
22 WUTF 66 190 QVC 333 Travel Channel Beyond 560 Discovery en
(Telefutura) 191 HSN 335 Discovery 425 TMC Espanol
23 QVC 192 Jewelry TV Channel 426 TMC xtra 561 Infinito
25 HSN 193 ShopNBC 336 Discovery 427 Flix 562 TVEspafloia
27 WGN 9(The 201 Lifetime Movie Health 428 Showtime Next International
CW) Network 337 Investigation 429 Showtime 563 CNN en
28 NBC Plus 202 Lifetime Discovery Women Espafiol
83 Public Access 204 Lifetime Real 340 History 430 Starz 564 DocuTVE
85 Catholic TV Women 341 History 431 Starz Kids& 565 History en
93 WGBH Kids 205 WE International Family Espanol
94 WGBH World 210 Oxygen 345 TLC 432 Starz Edge 566 WUNI 27
95 WGBH Create 211 SOAPnet 346 BID 433 Starz Cinema (Univision)
99 Public Access 212 Hallmark 348 Military 434 Starz In Black 567 WNEU
101 BET Channel Channel 435 Starz Comedy (Telemundo)
105 ABBE 215 Planet Green 350 National 469 ART America 568 WUTF 66
106 Bravo 216 DIY Network Geographic Channel (Arabic) (Telefutura)
107 TBS 217 FINE LIVING 351 Science 476 ITV 569 Galavision
108 TNT 218 Style Channel 477 TV Asia(Hindi) 570 ESPN
109 USA 220 AmericanLife 362 Fox Soccer 478 Zee TV(Hindi) Deportes
110 Spike TV TV Network Channel 480 STAR India 571 Fox Sports En
111 FX 221 TV Land 363 ESPN Gold Espanol
112 SCI FI 222 ABC Family 364 ESPN2 481 STAR India 572 GoITV
113 Chiller 224 Food Network 365 ESPNEWS Plus 573 AYM
115 E! 225 HGTV 366 ESPN Classic 482 STAR India 580 WAPA
116 truTV 230 Galavision 367 New England One 581 Telemicro
117 Comedy 240 Cartoon Sports 488 CCTV 4 Internacional
Central Network 368 ESPNU (Chinese) 582 Caracol TV
120 Animal Planet 241 Nickelodeon 370 Comcast 489 CTI Zhong 583 Ecuavisa
125 TVOne 245 The N SportsNet Tian(Chinese) 584 Once M6xico
126 BBC America 246 Nick Too 375 Speed 490 New Tang 585 SUR(Samos
128 GSN 247 Nicktoons 380 CBS College Dynasty Latinoamerica)
129 Fox Reality 248 NOGGIN Sports 497 MBC America 586 Pop Latino
130 LOGO 249 Boomerang 381 The Golf (Korean) 587 Mexicana
140 Reelz 250 Disney Channel@ 498 TVK24 588 Musica Urbana
141 Fox Movie Channel 382 VERSUS (Korean) 589 Tropicales
Channel 251 Disney West 383 FUEL TV 504 TV JAPAN 590 Discovery
142 AMC 252 Disney XD 384 G4 (Japanese) Familia
143 Turner Classic 255 Discovery Kids 385 GoITV 507 RAITALIA 591 iSorpresa!
Movies 256 PBS Sprout 386 HRTV (Italian) 592 La Familia
147 Encore 257 Qubo 387 TVG 515 TVSMONDE Cosmovision
MoviePlex 260 EWTN 388 NHL Network (French)
E-11A
-Town of Lexington Cable Television Renewal License Granted to RCN--BecoCom,Inc.-
June 22,2009
593 Toon Disney 647 Disney 695 MLB Network 730 Starz HD 873 90s
(SAP) Channel HD HD 731 Starz Kids HD 874 80s
594 Boomerang 648 Disney XD HD 696 Outdoor 732 Starz Edge HD 875 70s
(SAP) 650 CNN HD Channel HD 733 Starz Comedy 876 Solid Gold
602 WGBH HD 651 CNBC HD 697 NBA Network HD Oldies
604 WBZ HD 653 Fox News HD HD 750 Discovery HD 877 Party Favorites
605 WCVB HD 654 Fox Business 700 HBO HD Theater 878 Stage&
606 WSBK HD News HD 701 HBO Family 751 Smithsonian Screen
607 WHDH HD 655 The Weather HD HD 879 Kidz Only
609 WFXT HD Channel HD 702 HBO 2 HD 760 HDNet 880 Toddler Tunes
611 WLVI HD 660 Travel Channel 703 HBO Signature 761 HDNet Movies 881 Todays
612 NESN HD HD HD 762 MGM HD Country
615 ION HD 661 Discovery 704 HBO Zone HD 763 Universal HD 882 TRUE Country
620 A&E HD Channel HD 705 HBO Comedy 765 Hallmark 883 Classic
621 Bravo HD 662 History HD HD Movie Channel HD Country
622 TBS HD 663 TLC HD 706 HBO Latino 853 Hit List 884 Contemporary
623 TNT HD 664 BIO HD HD 854 Hip.Hop and Christian
624 USA HD 665 Crime& 710 Cinemax HD R&B 885 Sounds of the
626 FX HD Investigation HD 711 Moremax HD 855 Mix Tape Season
627 WGN HD 666 IFC HD 712 ThrillerMAX 856 Dance and 886 Soundscapes
628 Maverick TV 667 AMC HD HD Electronica 887 Smooth Jazz
HD 668 Encore HD 713 Actionmax HD 857 Rap 888 Jazz
629 G4 HD 670 National 714 WMAX HD 858 Hip Hop 889 Blues
630 SCI FI HD Geographic Channel 715 a@MAX HD Classics 890 Singers&
631 Animal Planet HD 716 5StarMAX HD 859 Throwback Swing
HD 671 Science 717 Outermax HD Jamz 891 Easy Listening
635 Fuse HD Channel HD 720 Showtime HD 860 R&B Classics 892 Classical
636 Wealth TV HD 680 ESPNU HD . 721 Showtime TOO 861 R&B Soul Masterpieces
637 E!HD 681 ESPN HD HD 862 Gospel 893 Light Classical
638 WE HD 682 ESPN2 HD 722 Showtime Too 863 Reggae 894 Musica Urbana
639 Lifetime HD 683 ESPNEWS HD (West)HD 864 Classic Rock 895 Pop Latino
640 Lifetime Movie 685 Comcast 723 Showtime 865 Retro Rock 896 Tropicales
Network HD SportsNet HD Showcase HD 866 Rock 897 Mexicana
641 ABC Family 689 Speed HD 724 Showtime 867 Metal 910-921,955
HD 690 NFL,Network Showcase(West)HD 868 Alternative Pay per view
642 Food Network HD 725 Showtime 869 Classic 941-954,981-
HD 691 VERSUS HD Extreme HD Alternative 998 On Demand
643 HDTV HD 692 Tennis 726 TMC HD 870 Adult
645 Planet Green Channel HD 727 TMC Xtra HD Alternative
HD 693 NHL HD 728 TMC Xtra 871 Soft Rock
646 Style HD 694 GOLF HD (West)HD 872 Pop Hits
E-11B
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 8
FREE DROPS AND MONTHLY SERVICE
TO PUBLIC BUILDINGS
The following public buildings and non-profit organizations shall continue to receive Drops
and/or Outlets and the monthly Basic Service at no charge:
(1) East Lexington Branch Library: 737 Massachusetts Avenue
(2) East Lexington Fire Station: 1006 Massachusetts Avenue
(3) Council-on-Aging: 1475 Massachusetts Avenue
(4) Police Station: 1575 Massachusetts Avenue
(5) Cary Hall: 1605 Massachusetts Avenue
(6) Town Hall: 1625 Massachusetts Avenue
(7) Cary Memorial Library: 1874 Massachusetts Avenue
(8) Fire Headquarters: 43 Bedford Street
(9) DPW Operations: 201 Bedford Street
(10) DPW Recycling Area: 60 Hartwell Avenue
(11) Westview Cemetery: 520 Bedford Street
(12) North Lexington Pump Station: Bedford Street/Route 128
(13) Visitors Center: 1875 Massachusetts Avenue
(14) PEG Access Studio:Kline Hall, 1001 Main Campus Drive
(15) Hancock Church: 1912 Massachusetts Avenue
(16) Hayden Recreation Center: 24 Lincoln Street
(17) National Guard Armory: 459 Bedford Street
(18) DPW Administration Building: 1557 Massachusetts Avenue
E-12
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 9
FREE DROPS AND MONTHLY SERVICE
TO SCHOOL BUILDINGS
The following school buildings shall continue to receive Drops and/or Outlets and the
monthly Basic Service at no charge:
(1) School Administration Building: 146 Maple Street
(2) Clarke School: 17 Stedman Road
(3) Diamond Middle School: 99 Hancock Street
(4) Bowman School: 9 Phillips Road
(5) Bridge School: 55 Middleby Road
(6) Estabrook School: 117 Grove Street
(7) Fiske Elementary School: 55 Adams-Street
(8) Harrington Elementary School: 328 Lowell Street
(9) Minuteman Regional Vocational School: 758 Marrett Road
(10) Lexington High School: 251 Waltham Street
Main Building: 251 Waltham Street
Science Building: 251 Waltham Street
ABC Building: 251 Waltham Street
DEF Building: 251 Waltham Street
(11) Hastings School: 7 Crosby Road
E-13
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
EXHIBIT 10
GROSS ANNUAL REVENUES REPORTING FORM
Company: RCN-BecoCom,Inc.,Inc.
Municipality: Lexington, Massachusetts
Annual Revenue Period: Calendar Year:
I. Composition of Total Revenues Subject to License Fee:
Revenue Adjustment(specify) Totals
Totals by Service:
Basic Service Revenue $ [enter amount]
Pay Service Revenuer $ [enter amount]
Other Unregulated Revenue2 $ [enter amount]
Digital Revenue $ [enter amountl
Subtotal: $ [enter subtotal]
Totals by Non Service:
Home Shopping Revenue $ [enter amount]
Advertising Revenue $ [enter amount]
Leased Access Revenue $ [enter amount]
Franchise Fees $ [enter amount]
Less Bad Debt/Add Bad Debt Paid $ [enter amountl
Subtotal: $ [enter subtotal]
Total Gross Revenue $ [enter total]
License Fee (5%) $ [enter%of total]
Fee on Fee (5%) $ tenter%
License Fee Due $ [enter total duel
1 —Pay Service includes all Pay Channels and Pay-Per-View Movie/Event revenue.
2—Other Unregulated includes converter,remote,installation,TV Guide,wire maintenance,etc.
Authorized RCN Representative:
Date:
E-14
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.--
June 22,2009
EXHIBIT 11
207 CMR 10.00
BILLING AND TERMINATION OF SERVICE
10.01: Billing Practices Notice
Every cable television operator shall give written notice of its billing practices to
potential subscribers before a subscription agreement is reached. Such notice shall
include practices relating to the frequency and timing of bills, payment requirements
necessary to avoid account delinquency,billing dispute resolution procedures and late
payment penalties.
A copy of the cable television operator's billing practices notice, work order and sample
subscriber bill shall be filed by March 1 Sth of each year with the Commission, the issuing
authority, and the company's local office, where they shall be available for public
inspection. If an operator amends its billing practices notice, work order or subscriber bill
after submitting the annual filing, it shall file copies of the amendments with the
Commission, the issuing authority and the company's local office.
At least 30 days prior to implementing a change of one of its billing practices, the cable
television operator shall notify in writing the Commission, the issuing authority and all
affected subscribers of the change and include a description of the changed practice.
Statements about billing practices in work orders, marketing, materials and other
documents shall be consistent with the billing practices notice..
10.02: Services, Rates and Charges Notice
The cable television operator shall give notice of its services, rates and charges to
potential subscribers before a subscription agreement is reached.
At least 30 days prior to implementing an increase in one of its rates or charges or a
substantial change in the number or type of programming services, the operator shall
notify, in writing, the Commission, the issuing authority and all affected subscribers of
the change and include a description of the increased rate or charge. The notice shall list
the old and new rate or charge and, if applicable, the old and new programming services
provided.
Every cable television operator shall fully disclose in writing all of its programming
services and rates, upon request from a subscriber.
Every cable television operator shall fully disclose in writing all of its charges for
installation, disconnection, downgrades and upgrades, reconnection, additional outlets,
and rental, purchase and/or replacement due to damage or theft of equipment or devices
used in relation to cable services, upon request from a subscriber.
Every cable television operator shall provide written notice of the charge, if any, for
service visits and under what circumstances such charge will be imposed, upon request
from a subscriber.
E-1 S
7
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
A copy of the cable operator's programming services, rates and charges shall be filed by
March 15th of each year with the Commission, the issuing authority and the company's
local office where it shall be made available for public inspection. If an operator amends
its notice after the annual filing, it shall file a copy of the amendment with the
Commission, the issuing authority and the company's local office.
A cable operator shall not charge a subscriber for any service or equipment that the
subscriber has not affirmatively requested by name. This provision, however, shall not
preclude the addition or deletion of a specific program from a service offering, the
addition or deletion of specific channels from an existing tier of service, or the
restructuring or division of existing tiers of service that do not result in a fundamental
change in the nature of an existing service or tier of service.
10.03: Form of Bill
The bill shall contain the following information in clear, concise and understandable
language and format:
The name, local address and telephone number of the cable television operator. The
telephone number shall be displayed in a conspicuous location on the bill and shall be
accompanied by a statement that the subscriber may call this number with any questions
or complaints about the bill or to obtain a description of the subscriber's rights under 207
CMR 10.07 in the event of a billing dispute;
the period of time over which each chargeable service is billed including prorated periods
as a result of establishment and termination of service;
the dates on which individually chargeable services were rendered or any applicable
credits were applied;
separate itemization of each rate or charge levied or credit applied, including,but not be
limited to, basic, premium service and equipment charges, as well as any unit, pay-per-
view or per item charges;
the amount of the bill for the current billing period, separate from any prior balance due;
The date on which payment is due from the subscriber.
Cable operators may identify as a separate line item of each regular subscriber bill the
following:
The amount of the total bill assessed as a franchise fee and the identity of the franchising
authority to whom the fee is paid;
The amount of the total bill assessed to satisfy any requirements imposed on the cable
operator by the franchise agreement to support public, educational, or governmental
channels or the use of such channels;
The amount of any other fee, tax, assessment, or charge of any kind imposed by any
governmental authority on the transaction between the operator and the subscriber. In
order for a governmental fee or assessment to be separately identified under 207 CMR
10.03, it must be directly imposed by a governmental body on a transaction between a
subscriber and an operator.
All itemized costs shall be direct and verifiable. Each cable operator shall maintain a
document in its public file which shall be available upon request, that provides the
accounting justification for all itemized costs appearing on the bill.
E-16
-Town of Lexington Cable Television Renewal License Granted to RCN--BecoCom, Inc.-
June 22,2009
10.04: Advance Billing and Issuance of Bill
In the absence of a license provision further limiting the period of advance billing, a cable
operator may, under uniform nondiscriminatory terms and conditions, require payment
not more than two months prior to the last day of a service period.
A cable subscriber may voluntarily offer and a cable operator may accept advance
payments for periods greater than two months.
Upon request, a cable television operator shall provide subscribers with a written
statement of account for each billing period and a final bill at the time of disconnection.
10.05: Billing Due Dates, Delinquency, Late Charges and Termination of Service
Subscriber payment is due on the due date marked on the bill, which shall be a date
certain and in no case a statement that the bill is due upon receipt. The due date shall not
be less than five business days following the mailing date of the bill.
A subscriber account shall not be considered delinquent unless payment has not been
received by the company at least 30 days after the bill due date.
The following provisions shall apply to the imposition of late charges on subscribers:
A cable television operator shall not impose a late charge on a subscriber unless a
subscriber is delinquent, the operator has given the subscriber a written late charge notice
.in a clear and conspicuous manner, and the subscriber has been given at least eight
business days from the date of delinquency to pay the balance due.
A charge of not more than 5 percent of the balance due may be imposed as a one-time
late charge.
No late charge may be assessed on the amount of a bill in dispute.
A cable television operator shall not terminate a subscriber's service unless the subscriber
is delinquent, the cable operator has given the subscriber a separate written notice of
termination in a clear and conspicuous manner, and the subscriber has been given at least
eight business days from the mailing of the notice of termination to pay the balance due.
g y
A notice of termination shall not be mailed to subscribers until after the date of
delinquency.
A cable television operator shall not assess a late charge on a bill or discontinue a
subscriber's cable television service solely because of the nonpayment of the disputed
portion of a bill during the period established by 207 CMR 10.07 for registration of a
complaint with the operator or during the process of a dispute resolution mechanism
recognized under 207 CMR 10.07.
Any charge for returned checks shall be reasonably related to the costs incurred by the
cable company in processing such checks.
10.06: Charges for Disconnection or Downgrading of Service
A cable television operator may impose a charge reasonably related to the cost incurred
for a downgrade of service, except that no such charge may be imposed when:
A subscriber requests total disconnection from cable service; or
E-17
-Town of Lexington Cable Television Renewal License Granted to RCN--BecoCom,Inc.-
June 22,2009
A subscriber requests the downgrade within the 30 day period following the notice of a
rate increase or a substantial change in the number or type of programming services
relative to the service (s) in question.
If a subscriber requests disconnection from cable television service prior to the effective
date of an increase in rates, the subscriber shall not be charged the increased rate if the
cable television operator fails to disconnect service prior to the effective date. Any
subscriber who has paid in advance for the next billing period and who requests
disconnection from service shall receive a prorated refund of any amounts paid in
advance.
10.07: Billing Disputes
Every cable television operator shall establish procedures for prompt investigation of any
billing dispute registered by a subscriber. The procedure shall provide at least 30 days
from the due date of the bill for the subscriber to register a complaint. The cable
television operator shall notify the subscriber of the result of its investigation and give an
explanation for its decision within 30 working days of receipt of the complaint.
The subscriber shall forfeit any rights under 207 CMR 10.07 if he or she fails to pay the
undisputed balance within 30 days.
Any subscriber in disagreement with the results of the cable television operator's
investigation shall promptly inquire about and take advantage of any complaint resolution
mechanism, formal or informal, available under the license or through the issuing
authority before the Commission may accept a petition filed under 207 CNM 10.07(4).
The subscriber or the cable television operator may petition the Commission to resolve
disputed matters within 30 days of any final action. Final action under 207 CNM 10.07(3)
shall be deemed to have occurred 30 days after the filing of a complaint.
Upon receipt of a petition, the Commission may proceed to resolve the dispute if all
parties agree to submit the dispute to the Commission and be bound by the Commission's
decision and the Commission obtains a statement signed by the parties indicating that
agreement. In resolving the dispute, the Commission may receive either written or oral
statements from the parties, and may conduct its own investigation. The Commission
shall then issue a decision based on the record and the parties shall receive written
notification of the decision and a statement of reasons therefor.
10.08: Security Deposits
A cable operator shall not require from any cable subscriber a security deposit for
converters or other equipment in excess of the cost of the equipment.
The cable operator shall pay interest to the cable subscriber at a rate of 7%per year for
any deposit held for six months or more, and such interest shall accrue from the date the
deposit is made by the cable subscriber. Interest shall be paid annually by the cable
operator to the cable subscriber, either as a direct payment or as a credit to the cable
subscriber's account.
Within 30 days after the return of the converter or other equipment, the cable operator
shall return the security deposit plus any accrued interest to the cable subscriber, either as
a direct payment or as a credit to the cable subscriber's account.
E-1 S
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom,Inc.-
June 22,2009
EXHIBIT 12
FCC CUSTOMER SERVICE OBLIGATIONS
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 76--CABLE TELEVISION SERVICE
Subpart H--General Operating Requirements
Sec. 76.309 Customer Service Obligations
(a)A cable franchise authority may enforce the customer service standards set forth in
paragraph(c) of this section against cable operators. The franchise authority must provide
affected cable operators ninety(90) days written notice of its intent to enforce the
standards.
(b)Nothing in this rule should be construed to prevent or prohibit:
(1)A franchising authority and a cable operator from agreeing to
customer service requirements that exceed the standards set forth in
paragraph(c) of this section;
(2) A franchising authority from enforcing, through the end of the
franchise term, pre-existing customer service requirements that exceed
the standards set forth in paragraph(c)of this section and are
contained in current franchise agreements;
(3)Any State or any franchising authority from enacting or
enforcing any consumer protection law,to the extent not specifically
preempted herein; or
(4) The establishment or enforcement of any State or municipal law
or regulation concerning customer service that imposes customer service
requirements that exceed, or address matters not addressed by the
standards set forth in paragraph(c)of this section.
(c) Effective July 1, 1993, a cable operator shall be subject to the following customer
service standards:
(1) Cable system office hours and telephone availability--
(1) The cable operator will maintain a local, toll-free or collect
call telephone access line which will be available to its subscribers 24 hours a day, seven
days a week.
(A)Trained company representatives will be available to respond to
customer telephone inquiries during normal business hours.
(B)After normal business hours, the access line maybe answered by
a service or an automated response system, including an answering
E-19
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
Machine. Inquiries received after normal business hours must be
responded to by a trained company representative on the next business
day.
(ii) Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty
(30) seconds when the connection is made. If the call needs to be
transferred, transfer time shall not exceed thirty(30) seconds. These
standards shall be met no less than ninety(90)percent of the time
under normal operating conditions, measured on a quarterly basis.
(iii) The operator will not be required to acquire equipment or
perform surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints indicates a
clear failure to comply.
(iv) Under normal operating conditions,the customer will receive a
busy signal less than three (3)percent of the time.
(v) Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently located.
(2) Installations, outages and service calls. Under normal operating conditions, each of
the following four standards will be met no less than ninety-five (95) percent of the time
measured on a quarterly basis:
(1) Standard installations will be performed within seven(7)
business days after an order has been placed. "Standard" installations are those that are
located up to 125 feet from the existing distribution system.
(ii) Excluding conditions beyond the control of the operator, the
cable operator will begin working on "service interruptions"promptly
and in no event later than 24 hours after the interruption becomes
Known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service
problem.
(iii) The "appointment window" alternatives for installations,
service calls, and other installation activities will be either a.
specific time or, at maximum, a four-hour time block during normal
business hours. (The operator may schedule service calls and other
installation activities outside of normal business hours for the express convenience of the
customer.)
(iv) An operator may not camel an appointment with a customer after the close of
business on the business day prior to the scheduled
appointment.
(v) If a cable operator representative is running late for an
appointment with a customer and will not be able to keep the appointment as scheduled,
the customer will be contacted. The appointment will be rescheduled, as necessary, at.a
time that is convenient for the customer.
(3) Communications between cable operators and cable subscribers--
(i) Notifications to subscribers--
(A) The cable operator shall provide written information on each of
.E-20
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 221,2009
the following areas at the time of installation of service, at least
annually to all subscribers, and at any time upon request:
(1) Products and services offered;
(2) Prices and options for programming services and conditions of
subscription to programming and other services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the cable service;
(5) Channel positions programming carried on the system; and,
(6) Billing and complaint procedures, including the address and
telephone number of the local franchise authority's cable office.
(B) Customers will be notified of any changes in rates,programming
services or channel positions as soon as possible in writing. Notice
must be given to subscribers a minimum of thirty(30) days in advance of such changes if
g
the change is within the control of the cable operator. In addition, the cable operator shall
notify subscribers thirty(30) days in advance of any significant changes in the other
information required by paragraph (c)(3)(i)(A) of this section. Notwithstanding any other
provision of Part 76, a cable operator shall not be required to provide prior notice of any
rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax,
assessment, or charge of any kind imposed by any Federal agency, State, or franchising
authority on the transaction between the operator and the subscriber.
(ii) Billing---
(A) Bills will be clear, concise and understandable. Bills must be
fully itemized, with itemizations including, but not limited to,basic
and premium service charges and equipment charges. Bills will also
clearly delineate all activity during the billing period, including
optional charges, rebates and credits.
(B) In case of a billing dispute, the cable operator must respond to a written complaint
from a subscriber within 30 days.
(iii) Refunds--Refund checks will be issued promptly, but no later
than either--
(A) The customer's next billing cycle following resolution of the
request or thirty(30) days, whichever is earlier, or
(B) The return of the equipment supplied by the cable operator if
service is terminated.
(iv) Credits--Credits for service will be issued no later than the
customer's next billing cycle following the determination that a credit
is warranted.
(4) Definitions---
(i) Normal business hours--The term"normal business hours"means
those hours during which most similar businesses in the community are
open to serve customers. In all cases, "normal business hours" must
include some evening hours at least one night per week and/or some
weekend hours.
(ii) Normal operating conditions---The term"normal operating
conditions"means those service conditions which are within the control of the cable
operator. Those conditions which are not within the control of the cable operator include,
E-21
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
but are not limited to, natural disasters, civil disturbances, power outages, telephone
network outages, and severe or unusual weather conditions. Those conditions which are
ordinarily within the control of the cable operator include, but are not limited to, special
promotions, pay-per-view events, rate increases, regular peak or seasonal demand
periods, and maintenance or upgrade of the cable system.
(iii) Service interruption--The term"service interruption"means
the loss of picture or sound on.one or more cable channels.
E-22
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 221, 2009
EXHIBIT 13
MASSACHUSETTS COMPETITION DIVISION FORM 500
(See Attached)
E-23
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
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E-24
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
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E-2 5
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
SIGNATURE PAGE
In Witness Whereof, this Renewal License is hereby issued by the Board of Selectmen of
the Town of Lexington, Massachusetts, as Issuing Authority, and all terms and conditions are hereby agreed to by RCN BecoCom, Inc., this 22�a day of June, 2009.
r
T4
orma.n Cohen, Chairman
George A. Burnell
Peter g- J. elley
Jeanne K. Krieger
Hank Manz `
The Board of Selectmen, as Issuing Authority.
RCN BecoCom, Inc.
BY: Thomas Steel
TITLE: Vic -President and Regulatory k7CN BecoCom, Inc.
BY: Richard Wadman
TITLE: Sr. Vice-President and General Manager
E-26
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F Cl lexington,
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APRIL 19TH
tExiNr'l OFFICE OF SELECTMEN
NORMAN P.COHEN,CHAIRMAN
JEANNE K.KRIEGER
2��9 TEL:�78 }862-6500 x2n8
PETER C.J.KELLEY June 22,
HANK MANZ FAX: (781)863-9468
GEORGE A.BURNELL
Thomas K. Steel, Jr.
Vice-President and Regulatory Counsel
RCN-BecoCom, Inc.
115 West First Street
South Boston, MA 02127
RE: Resolution of Outstanding Balance
Dear Mr. Steel:
We are writing to you in our capacity as statutory Issuing Authority for the Town of
Lexington, Massachusetts (the "Town"). RCN-BecoCom, Inc.'s ("RCN") current Final License
expires an June 3�, 2009. In the June 2006 Final License Amendment, RCN agreed, among other
things, to "forgive any credits due to the Town as a result of any initial overpayments of the PEG
Access payments to the Town". Notwithstanding this, RCN continued to withhold amounts
constituting such credits in each of the past five (5) years. While RCN had agreed to repay those
amounts to the Town, it has not done so to date. However, the Town and RCN have now agreed
that RCN, in lieu of those payments, will contractually provide the Town with a total of fifty (50)
Mbps (full duplex) of Internet bandwidth, for the entire term of a new Renewal License,
scheduled to go into effect on July 1, 2009.
If this accurately summarizes the resolution of the amounts due to the Town under the
2006 Final License Amendment, would you kindly sign below where indicated and return the
original to the Town.
Very truly yours,
Norman P. Cohen
Chairman
NPCIIap
AGREED:
RCN-BecoCom, In .
Thomas K. Steel, Jr.
Vice President
7525 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
e-mail selectmen@dlexington.ma.us
�r►�� June 29 2009
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Dorman P. Cohen, Chairman
Board of Selectmen
Town Hall
1625 Massachusetts Avenue
Lexington, MA 02420
Re: Relocation of Utility Poles
Dear Chairman Cohen:
I am writing to you regarding the matter of Verizon(or the pole owner) removing double
utility poles in the Town of Lexington. I have discussed this matter with the Town's
Communications Advisory Committee, which asked that I send this letter to the
Selectmen. This is to advise the Board of Selectmen that RCN-BecoCom, Inc. will use its
best efforts to ensure that its personnel will be available in a timely manner, within
seventy-two (72) hours of a request by Verizon, at those utility pole locations that are
being temporarily relocated by Verizon (or the pole owner) or in order to replace pale.
Please feel free to contact me if you have any questions regarding this matter.
Very truly yours,
Thomas Steel, Jr.
Vice-President& Regulatory o
Cc: Communications Advisory Committee
Peter J. Epstein, Esquire
956 Massachusetts Avenue Arlington,MA 02476
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WARNING:"T dS P E R O F; TT ��, Y IS y NVA1.10 I Iwo I O L RN .�w� RED BOPIDER
TRAVELERS CASUALTYAND SURETY COMPANY Of,AMERICA,
RAATFORD'CON NEC TIOUT' 061$3
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2716,222,162
STOCK 71140,1026 Lo$S ADjU'STM'VNTEXPE NSES
#M STMEN"T WCOMe DIVEAND AC,CRUED 4451mil)"I COMMISSIONS 52,11671066
MMIUM SALAMCES, 3011,662,145 TAXES.LICENSE$ANDSEES 10,371,400
Ng,1 'f '" W 40,073"im, OTHEA EXPf NSES 22,247,064,
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i2j4'2s'o' IF UNDS HELD UNDER FMINSURANCETREATlEl 1061942141116
OTMER,ASSETS 861226,430, 'c�UIIRREN,T'�FE"DERAL,AND,,FORE,,IGN WCOME TAXES 104� 3163�080
RE Mlr77 ANCEF S AND,�r,MMS NOTALLOCATED 51,61 ,236
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RETRO,ACTM'REJN3VRM0E,RES'E"RVE, 11,09,7,OU
POLICYHOLDER DIVIDENDS
PROVIS)ON FOR.REINISURAN,CE 5.452,2%
CE,DED REINSURANCE NETPREMIUMS,PAYABLE ("II 6,4457,5W)
OTHER ACC:RUIEV EXPENSES AND LIABILMES
TOT"AL,UABIL"M'S
CAPITAL,,STOCK 6,000,000,
PAID IN SURPLUS 303j,297,402
OTCER SURPLOS 142$67t 9,116
TOTAL SURPLUST"O POLICYHOLDERS
41 D%214 'OTAL L"MUTIES&SURPLUS 4
TOTAL ASSETS, T
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S'TAlt OF COtiNECTICUT
COV'NTY Cf HARTFO RD )ss'
CITY OF HARTf ORD
ERIC 0,DRUIDE R,8 EIN G DULY S WORN �SAYS THATHE IS,CHIE F F INAN C IAL OFF IC E R-TRAVELERS BON 0&FIN KNOtAL P ROOM TS,
Of'TRAWMERS 0A$tJALl`Y, ANO SQRf-,'TY C,'0M,PAN'Y0,F AMJER'K�A,M01'HiAl"TO THE,BEST Of H III KNOWLEOGE AND BELIEF,!HE FCA)EGOING
1S A TRUE Ok" RECTSTATEMEMTOF TVHE FINANCIAL CONDIT10N OFFSAID CO ';OF THE 31ol y 0,A'Y I�`E tIM13 4 2008"
FAMCIALOPPICER BOND 6 F CUC PRODUCTS,
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SUBSCRIBE 0 AND SWORN'TO,BEFORE MET HIS
tM OAY OF"WIRWi.M,, '
MARIE C.TETREAULT
Notan)pidific,
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APRILIT'
ING! OFFICE OF SELECTMEN
SUZANNE E,BARRY,CHAIRMAN
PETER C.J.KELLEY
JOSEPH N.PATO
MICHELLE L.CAI CCOLO TEL: (781)698-4580
DOUGLAS M.LUCENT FAX: (781)863-9468
Board of Selectmen
Town of Lexincyton, Massachusetts
t�
The Town of Lexington, by and through its Board of Selectmen as cable television licensing
"Issuing Authority", and RCN Telecom Services of Massachusetts, LLC ("RCN") hereby agree
4:)
to amend the Cable Television Renewal License granted by the Town of Lexington.-to RCN on
June 30, 2009.
1. Statement of Amendment
S'ection 1.1 De nffion,s—This Section is amended by striking the words "located within the
fi
Town of Lexington" in definition numbered (28) defining Hub or Hub Site.
Exhibit 2—This Exhibit is amended by striking the words "in Lexington" from -the second
sentence of the first paracyraph.
2. Ajdo�-tion_gf Amendment
In Witness Whereof, this Amendment of the Cable Television License-to RCN is hereby issued
by the Board of Selectmen of the Town of Lexington, Massachusetts as Tssuinor,Authority and
all terms and conditions are hereby ire to by RCN.
TOWN OF LEXINGTON RCN TELECOM SERVICES OF
BOARD OF SELECTMEN S S A C HU S ETT L C
Date: December 4, 2017 ate., -,D,
-(Yre v C a I I
I, IN. nia�
�,7 Chaim n Je
I C a -il t�.,Iaria er Vice Pres' I.-nt 11�1 Jener,
po
Vic C h a',',
�N/l i c, L, Ci colo. e, ,ri,"nan
Peter C. llel
DoLl"T1011, �Nl. Lilicent
J 0 S e P 11`P"14. Pfl
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Temporary Public Safety Communications & AT&T Pole Placement
PRESENTER: ITEM
NUMBER:
Mike Cronin, Director of Facilities &
Mark Corr, Chief of Police I.4
SUMMARY:
As the Board is aware, one of the components of building a new Police Station would include the current radio
antenna, which is owned by AT&T. It is currently being used by the Police and Fire Departments for public
safety communications and will need to be moved. AT&T is interested in installing a new, taller monopole
further back on the property, but this permanent location needs to wait until after the Police Station is built.
Since the current tower will need to be relocated for the construction work, a tower needs to be cited at a
temporary location. Mike Cronin has worked with AT&T on several locations and has met with the HDC and
will present an update to the Board on the recommended location.
SUGGESTED MOTION:
Move to approve the temporary location for the AT&T and Police/Fire communications tower as presented
and further to authorize the Town Manager to execute any documents to effectuate this vote.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 7:25 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proposal for Zoning Changes Along Hartwell Avenue
PRESENTER: ITEM
NUMBER:
Charles Hornig
I.5
SUMMARY.-
Charles Hornig will present updated versions of his two proposals for incremental zoning changes to
encourage economic development. Earlier versions of these changes were discussed at the December 17, 2018
meeting.
CM DISTRICT STANDARDS:
The changes proposed under this article would relax dimensional standards to permit additional development in the
CM (manufacturing) District, located largely along Hartwell Avenue, and rezone selected adjoining properties into
either the CM or GC (governmental-civic) districts to provide consistent standards for development.
FRONT YARD, TRANSITION,AND SCREENING AREAS:
The changes proposed under this article would allow consistent streetscapes within a zoning district by requiring
the same front yard, transition, and screening areas along a street independent of the zoning district of lots across
the street.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 7:35 p.m.
ATTACHMENTS:
Description Type
F) 1.lartwell Avenue Map Backup VIlatetial
F) Article ED F Streetscape, Beackup Material
F) Afticle ED A (.'VII I)istrid Standards
F) B-c-,e rl,,.-)t fr(..)rn.3 8 18 Meeting Material
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ARTICLE ED-F AMEND ZONING BYLAW
FRONT YARD,TRANSITION,AND SCREENING AREAS
To see if the Town will vote to amend the Zoning Bylaw of the Town of
Lexington to regulate front yard,transition,and screening areas along streets
consistently within each district,or act in any other manner in relation thereto.
(Inserted at the request of...
DESCRIPTION:
The changes proposed under this article would allow consistent streetscapes within a zoning district by
requiring the same front yard,transition,and screening areas along a street independent of the zoning district of
lots across the street.
PROPOSED MOTION:
That the Zoning Bylaw of the Town of Lexington be amended as follows,where�.�k t text is to be
removed and underlined text is to be added.
A. Amend Table 2,Dimensional Standards,to read"Minimum side and rear yard adjacent to,of ffen
sthe t-feet ffe a residential district in feet".
B. Amend§135-5.3.4 to read:
5.3.4 Transition Areas.Where a lot abuts a different zoning district of is„efes a street fr,,m a diffe,.o,,t
,a landscaped transition and screening area shall be provided and shall be located adjacent
to the lot line as set forth in the table in§5.3.5,consistent with the following:
C. Delete§ 135-5.3.4.3. Commented[CH1]:Definition of'across the street'no
D. Amend the table in§135-5.3.5 by removing the"Street Line"column. longer needed.
E. Delete§ 135-5.3.14. Commented[CH2]:Transition area no longer required
along street line.
and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in Commented[CH3]:Transition area no longer required
compliance with the numbering format of the Code of the Town of Lexington. along street line.
2019-05-29
ARTICLE ED-A AMEND ZONING BYLAW AND MAP
CM DISTRICT STANDARDS
To see if the Town will vote to amend the Zoning Bylaw and Map of the Town of
Lexington to alter the dimensional and other standards for the CM District to
permit additional development,rezone neighboring properties into the CM or GC
districts,or act in any other manner in relation thereto.
(Inserted at the request of...
DESCRIPTION:
The changes proposed under this article would relax dimensional standards to permit additional development in
the CM(manufacturing)District,located largely along Hartwell Avenue,and rezone selected adjoining
properties into either the CM or GC(governmental-civic)districts to provide consistent standards for
development.
PROPOSED MOTION:
To amend the Zoning Bylaw and Map of the Town of Lexington as follows:
A. Amend the CM column of Table 2,Schedule of Dimensional Controls,of the Zoning Bylaw as follows,
where stfuek t text is to be removed and underlined text is to be added.
Table 2
CM
Minimum lot area
3-AC
60,000 SF Commented[CH1]:Make 7 Hartwell Avenue comply.
Minimum lot frontage in feet 100 Commented[CH2]:Make 7 and 110 Hartwell Avenue
Minimum front yard in feet(a), b , h 2-5 N comply.
Minimum side t 25 f and in feet (f) Commented[CH3]:Support an active streetscape with
Minimum rear yard In feet 25 structures adjacent to the sidewalk or public promenade,as
Minimum side and rear yard adjacent to,or front yard recommended by our consultant.
across the street from a residential district in feet 50(f) - - - - - Commented[CH4]:Make 110 xartwell Avenue comply.
Maximum nonresidential floor area ratio FAR 2.0 Commented[CHS]:This is consistent with our
Maximum site coverage NR consultant's suggestions and matches the CB District.
Public and institutional buildings,maximum height: NR
In stories:
100(f) Commented[CH6]:This allows for a 6-story building
In feet: with rooftop elements,as suggested by our consultant.The
Other buildings,maximum height: Fire Department is comfortable with this.
In stories: NR
In feet: 6-5 100(
B. Amend the Zoning Map to rezone lots 691,70AJ,and�81 on assessor's map 84 into the CM District and Commented[CHI]:planning Board note:The properties
remove any remaining references to the CD-1 District from the Zoning Bylaw and Map. in this section are across the street from Drummer Boy.
C. Amend the Zoning Map to rezone lot 11 on assessor's map 73 Jinto the CM District,lots l0A and 12 on Commented[CH8]:476 Bedford street(Lexington-
assessor's map 73 into the GC District,and remove any remaining references to the CD-3 District from Bedford veterinary Hospital)
the Zoning Bylaw and Map. Commented[CH9]:482 Bedford Street(Beth Israel
D. Amend the Zoning Map to rezone lot 7 on assessor's map 85 into the GC District. Medical Center)
and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in Commented[CH10]:7 Hartwell Avenue
compliance with the numbering format of the Code of the Town of Lexington. Commented[CH11]:110 xartwell Avenue
Commented[CH12]:65 Westview Street(VA Hospital)
2019-05-30
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Fiscal Year 2020 Cost-of-Living Adjustment for Non-Represented Employees
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.6
SUMMARY:
A vote is requested for this agenda item.
The Town Manager and HR Director are recommending a 2 percent cost-of-living adjustment for non-
represented employees for fiscal year 2020.
This amount is c o ns is tent with settled collective bargaining agreements and the Board's overall guidance for
settlements for FY2020.
SUGGESTED MOTION:
Move to approve a 2 percent cost-of-living adjustment for non-represented employees for fiscal year 2020,
effective July 1, 2019.
FOLLOW-UP:
HR will notify departments of this increase.
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 7:5 5 p.m.
ATTACHMENTS:
Description Type
July 1, 2019 COLA list
NON - UNION Positions Department
Office Manager Assessing
Executive Assistant to the Board of Selectmen Board of Selectmen
Municipal Assistant Board of Selectmen
Recording Secretary Board of Selectmen
Administrative Assistant Finance
Assistant Town Manager for Finance/Comptroller Finance
Budget Officer Finance
Director of Purchasing Finance
Town Accountant Finance
CEC Recording Secretary Finance
Fire Chief Fire
Office Manager- Fire Department Fire
Human Services Director Human Services
Office Manager- Human Services Human Services
Veterans Services Officer Human Services
Veterans Services District Director Human Services
Chief Information Officer Information Technology
Alternate Inspectors Land Use, Health and Development
Assistant Town Manager for Development Land Use, Health and Development
Office Manager- Land Use Land Use, Health and Development
Visitor's Center Manager Land Use, Health and Development
Visitor's Center Assistant Manager Land Use, Health and Development
Visitor's Center Tourism Advisors Land Use, Health and Development
Visitor's Center Customer Service Clerk Land Use, Health and Development
Visitor's Center Liberty Ride Coordinator Land Use, Health and Development
Substitute Temporary Library Employees Library
High School Library Pages Library
Library Director Library
Assistant Library Director Library
Office Manager- Library Library
Part-time less than 8 hrs/biwkly Library Employees Library
Cadets Police
Office Manager- Police Department Police
Parking Lot Attendants Police
Per-Diem Public Safety Dispatchers Police
Police Chief Police
Administrative Assistants Public Facilities
Office Manager Public Facilities
Assistant Director of Public Facilities Public Facilities
Assistant to the Project Manager Public Facilities
Audiovisual Technician Public Facilities
Director of Public Facilities Public Facilities
Facilities Engineer Public Facilities
Facilities Superintendent Public Facilities
LHS Facility Manager Public Facilities
Project Manager Public Facilities
Superintendent of Custodial Services Public Facilities
PBC Recording Secretary Public Facilities
DPW Sidewalk Cleaning Attendants Public Works
1
Office Manager- Public Works Public Works
Per Diem Engineering Assistant Public Works
Public Works Director Public Works
Manager of Operations Public Works
Seasonal Compost Attendant Public Works
Recreation and Community Programs Director Recreation and Community Programs
Administrative Manager Recreation and Community Programs
Seasonal Recreation Office Assistant Recreation and Community Programs
Benefits Coordinator Town Manager's Office
Assistant Town Manager Town Manager's Office
Human Resources Assistant Town Manager's Office
Human Resources Director Town Manager's Office
Office Manager- Special Events Coordinator Town Manager's Office
Parking Hearing Officer Town Manager's Office
Town Manager Town Manager's Office
2
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Requests from Sustainable Lexington Committee to Send Letters
PRESENTER: ITEM
Todd Rhodes, Vice-Chair and Celis NUMBER:
Brisbin, Sustainable Lexington
Committee I'�
SUMMARY.-
Sustainable Lexington asks the Board of Selectmen to send two letters regarding sustainability issues.
1. Letter to State Board of Building Regulations and Standards (BBRS) advocating for a Net Zero Stretch
Code
2. Letter to Governor Baker regarding the Alternative Portfolio Standard (APS)and the burning of
biomass and garbage incineration
1) The proposed letter urges the BBRS to update the current Massachusetts energy stretch code to a Net Zero
stretch code. Giving communities the option to adopt a Net Zero stretch code is a critical step to achieving:
• our statewide energy efficiency and climate goals;
• design resiliency;
• increased occupant comfort; and
• more cost-effective life-cycle design for families and businesses across the Commonwealth.
The Board is provided with two copies of the letter-one signed by the Board of Selectmen and the other in
the name of Sustainable Lexington.
2) The proposed letter encourages Governor Baker to support H.853,An Act to Assure the Attainment of
Greenhouse Gas Emissions Goals in the Alternative Portfolio Standard (Rep. Denise Provost, 27th
Middlesex). This bill would remove incentives for biomass burning and garbage incineration from the
Massachusetts Alternative Portfolio Standard (APS).
The AP S was created to usher in a new era of clean energy. Garbage incineration, however, is not clean; it
produces a vast range of pollutants that can only be partially controlled. Existing waste-to-energy facilities are
already eligible for Class II RECs (currently worth over$10/MWh).
Burning of tree biomass could lead to excessive harvesting of forests. Trees are our most effective carbon
sequestration devices, and planting of new trees does not replace the sequestration rates of older growth. In
addition, clearing and replanting forests is extremely damaging to ecosystems. Whatever the source of wood
tree felling, woodlot thinning, urban forestry, industry waste or post-consumer waste—wood is more valuable
for carbon sequestration and soil improvement left in the forest or chipped for mulch and compost than as fuel
for biomass plants.
Providing additional incentives meant for clean energy technologies for garbage incineration or biomass burning
is a serious distortion of the original intent of the AP S and will retard our progress in reducing greenhouse gas
emis s ions.
SUGGESTED MOTION:
Move to approve sending the letter to the B B R S advocating a Net Zero Stretch Code [ signed by the Board
o f S elec tmen] o r [ s igned b y S us tainab le L exingto n]
Move to approve sending the letter to Governor Baker advocating support for H.853,An Act to Assure the
Attainment of Greenhouse Gas Emissions Goals in the Alternative Portfolio Standard.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 8:00 p.m.
ATTACHMENTS:
Description Type
J tw jl
I I
AP
Tobin of kextngton, �Haoarbu5ett.5
AN&Er
OFFICE OF SELECTMEN
DOUGLAS M.LUCENTE,CHAIRMAN
JOSEPH N.PATO
SUZANNE E.BARRY
JILL I.HAI TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
*DRAFT LETTER
June 3,2019
John Couture, Chair
Kerry Dietz,Vice-Chair
Massachusetts Board of Building Regulation and Standards(BBRS)
Dear Chair Couture,Vice-Chair Dietz, and Board Members,
The Lexington Board of Selectmen urges the BBRS to update the current Massachusetts energy stretch code to a Net Zero
stretch code. Giving communities the option to adopt a Net Zero stretch code is a critical step to achieving:
• our statewide energy efficiency and climate goals;
• design resiliency;
• increased occupant comfort; and
• more cost-effective life-cycle design for families and businesses across the Commonwealth.
When the Massachusetts stretch code was adopted it was a considerable advancement from the base code. Due to updates
to the base code in recent years, the stretch code is not as effective as its original intention. As the Board is likely aware,
many communities in Massachusetts, including the Town of Lexington, are interested in Net Zero community planning
and Net Zero buildings. A Net Zero stretch code would give Lexington the opportunity to improve how buildings are
presently designed, getting us closer to meeting our climate goals as outlined by the Commonwealth's Global Warming
Solutions Act.
The process of developing a revised stretch code should seek input from communities on the specific elements to ensure
workability, with a clear goal of minimizing carbon pollution. An updated stretch code must address: enhanced thermal
envelopes and strategies to reduce base energy use, increased use of high efficiency electric heat to enable future use of
renewables to support grid energy use, attention to resiliency, as well as readiness for electric vehicles, onsite renewable
energy, and battery storage.
The Town of Lexington has made commitments to efficiency, resiliency, and clean energy with the goal of becoming a
Net Zero community. These include a municipal aggregation program that provides 100% renewable energy to 10,000
households at a cost less than that of Eversource basic service. We have installed rooftop and ground-mounted solar
sufficient to meet 45% of electricity use by municipal facilities. Each successive municipal building project has met
higher standards for building efficiency, health, and emissions, including two new school buildings under construction
that will be net zero facilities.
In August of last year the Board of Selectmen adopted a Getting to Net Zero Emissions Plan. That plan calls for, among
other things, encouraging adoption of a net zero state building code that would include a stepped approach for increased
1625 MASSACHUSETTS AVENUE- LEXINGTON,MASSACHUSETTS 02420
Email:selectmen@lexingtonma.gov
energy performance requirements for new construction, leading up to the ultimate requirement for net zero energy new
buildings by 2030.
A net zero stretch code will allow Lexington to build on these steps and bring us closer to meeting our emissions,
resilience, health and wellness goals.
Thank you for your time and consideration.
Sincerely,
Town of Lexington Board of Selectmen
Douglas M. Lucente, Chairman
Joseph N. Pato
Suzanne E. Barry
Jill I. Hai
Mark D. Sandeen
Cc: Governor Charles Baker
House Speaker Robert DeLeo
Senate President Karen Pilka
Representative Michelle Ciccolo
Senator Cindy Friedman
Senator Michael Barrett
1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420
Email:sell, ;�lr�, in.. _II iiir it ma,.
J tw jl
I I
AP
Tobin of kextngton, Aaoarbu5ett.5
AN&Er
SUSTAINABLE LEXINGTON COMMITTEE
*DRAFT LETTER
June 3,2019
John Couture, Chair
Kerry Dietz,Vice-Chair
Massachusetts Board of Building Regulation and Standards(BBRS)
Dear Chair Couture,Vice-Chair Dietz, and Board Members,
The Sustainable Lexington Committee (a Town of Lexington committee) urges the BBRS to update the current
Massachusetts energy stretch code to a Net Zero stretch code. Giving communities the option to adopt a Net Zero stretch
code is a critical step to achieving:
• our statewide energy efficiency and climate goals;
• design resiliency;
• increased occupant comfort; and
• more cost-effective life-cycle design for families and businesses across the Commonwealth.
When the Massachusetts stretch code was adopted it was a considerable advancement from the base code. Due to updates
to the base code in recent years, the stretch code is not as effective as its original intention. As the Board is likely aware,
many communities in Massachusetts, including the Town of Lexington, are interested in Net Zero community planning
and Net Zero buildings. A Net Zero stretch code would give Lexington the opportunity to improve how buildings are
presently designed, getting us closer to meeting our climate goals as outlined by the Commonwealth's Global Warming
Solutions Act.
The process of developing a revised stretch code should seek input from communities on the specific elements to ensure
workability, with a clear goal of minimizing carbon pollution. An updated stretch code must address: enhanced thermal
envelopes and strategies to reduce base energy use, increased use of high efficiency electric heat to enable future use of
renewables to support grid energy use, attention to resiliency, as well as readiness for electric vehicles, onsite renewable
energy, and battery storage.
The Town of Lexington has made commitments to efficiency, resiliency, and clean energy with the goal of becoming a
Net Zero community. These include a municipal aggregation program that provides 100% renewable energy to 10,000
households at a cost less than that of Eversource basic service. We have installed rooftop and ground-mounted solar
sufficient to meet 45% of electricity use by municipal facilities. Each successive municipal building project has met
higher standards for building efficiency, health, and emissions, including two new school buildings under construction
that will be net zero facilities.
In August of last year the Board of Selectmen adopted a Getting to Net Zero Emissions Plan. That plan calls for, among
other things, encouraging adoption of a net zero state building code that would include a stepped approach for increased
energy performance requirements for new construction, leading up to the ultimate requirement for net zero energy new
buildings by 2030.
A net zero stretch code will allow Lexington to build on these steps and bring us closer to meeting our emissions,
resilience, health and wellness goals.
Thank you for your time and consideration.
Sincerely,
Town of Lexington Sustainable Lexington Committee
Cc: Governor Charles Baker
House Speaker Robert DeLeo
Senate President Karen Pilka
Representative Michelle Ciccolo
Senator Cindy Friedman
Senator Michael Barrett
DRAFT
r
ToWn of lexington,
APRIL 19"
OFFICE OF SELECTMEN
DOUGLAS M.LUCENTE,CHAIRMAN
JOSEPH N.PATO
SUZANNE E.BARRY
JILL I.HAI TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
June 3,2019
Governor Charlie Baker
Massachusetts State House
24 Beacon Street
Office of the Governor, Room 280
Boston, MA 02133
Dear Governor Baker,
We, the Lexington Board of Selectmen, request that you support the purposes of H.853,An Act to Assure the Attainment
of Greenhouse Gas Emissions Goals in the Alternative Portfolio Standard (Rep. Denise Provost), which would remove
incentives for combustion of biomass woody fuel and garbage incineration from the Massachusetts Alternative Portfolio
Standard (APS), and to oppose proposals that would increase the use of forest bioenergy now before the Department of
Energy Resources (DOER)through changes in the Alternative and Renewable Portfolio Standards. We note the testimony
of Professor Emeritus William R. Moomaw of Tufts University who identified in his May 7, 2019 testimony on H.853
that "Massachusetts forests are at an age when they can remove and sequester the greatest amount of carbon dioxide
during the next century if they are allowed to grow instead of being harvested for fuel".
We believe that the burning of forest bioenergy is harmful to air quality and to forests and we note that it is not recognized
by climate scientists as a reasonable approach to dealing with climate change. It results in a range of environmental harms
and should not be subsidized. The Alternative Portfolio Standard should only be used to support clean energy, and not
practices that release pollutants and degrade ecosystems. Climate action must be pursued within a context of what is
necessary for overall sustainability.
The Portfolio Standards were created to usher in the new era of clean energy. The APS was established because it was
recognized that combined heat and power and certain other technologies could make a significant contribution to that
advance. Existing waste-to-energy facilities are already eligible for Class II RECs (currently worth over $10/1VIWh);
providing additional incentives meant for clean energy technologies is a serious distortion of the original intent of the
Portfolio Standards and will retard our progress in reducing greenhouse gas emissions.
We note the additional comments of Professor William R. Moomaw of Tufts University to DOER on May 13, 2019
concerning this matter.
"Massachusetts prides itself on having one of the greatest concentrations of scientific research in the world. In
2008, the Commonwealth commissioned the Manomet study that concluded that it took many decades to a
century for forests that have been cut and burned to make electricity to bring added atmospheric carbon dioxide to
the level of coal combustion. In 2014,the IPCC concluded that"The combustion of biomass generates gross GHG
emissions roughly equivalent to the combustion of fossil fuels. If bioenergy production is to generate net
reduction in emissions, it must do so by offsetting those emissions through increased net carbon uptake of biota
and soils...The shortcomings of this assumption(climate neutrality)have been extensively discussed."
1625 MASSACHUSETTS AVENUE- LEXINGTON,MASSACHUSETTS 02420
Email:selectmen@lexingtonma.gov
Scientists from University of Massachusetts Lowell, MIT, Tufts and from the Woods Hole Research Center and
Partnership for Public Integrity have carried out further analysis demonstrating that burning wood is worse for
climate than burning coal or other fossil fuels.
In January, 796 scientists wrote to the European Parliament urging them to restrict wood burning for energy to a
few minor uses. Burning wood for electricity or heat will contribute future temperature increases and the
associated severe climate related destruction including increased intensity of storms and precipitation, and rising
seas in Boston Harbor. Those who argue that burning wood for energy production helps to reduce heat trapping
greenhouse gas emissions do not have any scientific proof that this is true."
We applaud your administration's recent actions to respond to the threat of climate change. We hope you will act to help
Massachusetts continue on the path toward effective energy policies. Incentivizing the burning of forest-derived biomass
would go in the wrong direction. Please act to strengthen our record of protecting our forests and maintaining
Massachusetts as a leader in clean energy.
Sincerely,
Town of Lexington Board of Selectmen
Douglas M. Lucente, Chairman
Joseph N. Pato
Suzanne E. Barry
Jill I. Hai
Mark D. Sandeen
cc: Senator Michael J. Barrett
Representative Michelle L. Ciccolo
Senator Cindy F. Friedman
Department of Energy Resources
1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420
Email:selectmen@lexingtonma.gov
Comments by Emeritus Professor William R. Moomaw on proposed changes in APS and RPS
regulations by DOER May 13, 2019
I am William R. Moomaw, Emeritus Professor and Co-Director of the Global Development and
Environment Institute at Tufts University. I have conducted research on methods for addressing
climate change for 31 years and served as a lead author of five major reports by the
Intergovernmental Panel on Climate Change (IPCC) and was a coordinating lead author on the
Special Report on Renewable Energy and Climate Change. I am currently working with colleagues
at MIT, University of Massachusetts Lowell and the Woods Hole Research Center on the climate
implications of forest bioenergy and waste.
In October, the Intergovernmental Panel on Climate Change called for urgent action to address
climate change immediately after examining thousands of research articles. It is essential to
reduce our carbon dioxide emissions by 25-45% by 2030 and not exceed the capacity of natural
systems to remove atmospheric carbon dioxide by 2050—a condition sometimes termed carbon
neutral. Because Americans and other nations have procrastinated, carbon neutrality is not
enough! We must become carbon negative after 2050. Each year, we are adding twice as much
as nature can remove. We need to both reduce the combustion of all fuels and materials that
release carbon dioxide into the atmosphere and increase the removal rate by natural systems.
Halting the burning of wood will be more effective than reducing the burning of coal. The IPCC
and the UN concluded that the only means we have for sequestering sufficient carbon dioxide
from the atmosphere in sufficient amounts in a timely fashion is through absorption by forests.
We cannot avoid serious and irreversible climate related damage unless we increase Carbon
Dioxide Removal. Massachusetts forests already store 3x the amount of carbon per acre as do
the mismanaged forests of Maine. Our forests are of an age when they are about to grow rapidly
and remove a lot more carbon dioxide in the coming decades. Letting a significant portion of
these forests continue growing—a management plan known as proforestation, is the most cost-
effective and significant option that we have. It is not a substitute for reducing emissions, but
burning wood is diminishing their role.
If left to the marketplace, we would not be burning wood either for heat or making electricity.
Financial analysis finds that producing electricity by burning high emitting wood is more
expensive than producing electricity from wind or solar that release zero carbon dioxide.
However, the current regulations in the Alternative Portfolio (APS) standard provide large
subsidies from electric rate payers to support the burning of wood by treating it as a zero-carbon
source. Despite the fact that the conversion of heat energy to electricity is far less efficient and
emits more carbon dioxide than burning any fossil fuel, bioenergy power stations can also qualify
for some subsidy if they utilize just half of the heat energy released in combustion under the
Renewable Portfolio Standard (RPS). Proposed changes will subsidize even more emissions!
DOER proposes to relax the regulation on wood burning under both the APS and RPS by
identifying many additional ways that more trees will be cut down and receive payments from
all of the rest of us for energy production. In other words, we, the public are forced to pay still
more to put additional carbon dioxide into the atmosphere and simultaneously reduce the
capacity of our forests to remove even as much atmospheric carbon dioxide as it does today.
Massachusetts prides itself on having one of the greatest concentrations of scientific research in
the world. In 2008, the Commonwealth commissioned the Manomet study that concluded that
it took many decades to a century for forests that have been cut and burned to make electricity
to bring added atmospheric carbon dioxide to the level of coal combustion. In 2014, the IPCC
concluded that
"The combustion of biomass generates gross GHG emissions roughly equivalent to the
combustion of fossil fuels. If bioenergy production is to generate net reduction in
emissions, it must do so by offsetting those emissions through increased net carbon
uptake of biota and soils."
"The shortcomings of this assumption (climate neutrality) have been extensively
discussed."
Scientists from University of Massachusetts Lowell, MIT, Tufts and from the Woods Hole
Research Center and Partnership for Public Integrity have carried out further analysis
demonstrating that burning wood is worse for climate than burning coal or other fossil fuels.
In January, 796 scientists wrote to the European Parliament urging them to restrict wood burning
for energy to a few minor uses. Burning wood for electricity or heat will contribute future
temperature increases and the associated severe climate related destruction including increased
intensity of storms and precipitation, and rising seas in Boston Harbor. Those who argue that
burning wood for energy production helps to reduce heat trapping greenhouse gas emissions do
not have any scientific proof that this is true. I will attach to my submitted comments some of
the verified scientific information and research articles that DOER does not appear to have.
The proposed rule changes by DOER to increase wood burning defy the logic of basic science, are
incompatible with the urgent warnings of the Intergovernmental Panel on Climate Change,
increase Massachusetts contribution to climate change and undermine the Massachusetts Global
Warming Solutions Act and the requirement of the SJC that actions to reduce emissions be
implemented.
urge DOER not to implement any of the proposed changes in regulations for forest bioenergy,
but instead to remove all bioenergy from both the APS and RPS and halt all state bioenergy
subsidies. We are in a desperate race against time and it is essential that we rapidly halt all
sources of heat trapping emissions and increase carbon dioxide sequestration by letting more of
our forests grow through proforestation management. The ratepayer funds now being wasted
on burning wood to increase climate change, can then be spent to reduce emissions by
supporting energy efficiency and zero emission energy sources like wind, solar and technologies
like heat pumps for heating and cooling.
Testimony by Emeritus Professor William R Moomaw on H
853 An Act to assure the attainment of greenhouse gas
emissions goals in the alternative portfolio standard May 7,
2019
I am William R. Moomaw, Emeritus Professor and Co-Director of the Global Development and
Environment Institute at Tufts University. I have conducted research on methods for addressing
climate change for 31 years and served as a lead author of five major reports by the
Intergovernmental Panel on Climate Change (IPCC) and was a coordinating lead author on the
Special Report on Renewable Energy and Climate Change. I am currently working with colleagues
at MIT,University of Massachusetts Lowell and Oregon State University College of Forestry and
the Woods Hole Research Center on the climate implications of forest bioenergy and waste.
H853 is scientifically supported legislation that would halt the payment of taxpayer dollars to
increase the addition of heat trapping carbon dioxide to the atmosphere that I and many other
scientists support in our role as citizens of the Commonwealth.
Current regulations for the Alternative Portfolio Standard subsidize burning of wood from our
forests as if this form of heat is equivalent to that delivered by zero emitting sources such as solar
energy and wind power. Proposed regulations subsidize additional heat trapping greenhouse gas
emissions of carbon dioxide by allowing more of our forests to be burned for heating and would
change the currently restrictive Renewable Portfolio Standard to provide subsidies for electricity
production.
The APS and RPS regulations were intended to help Massachusetts address climate change.
Several of the technologies in the APS actually support that goal, but the biomass provisions
actually impede progress by adding extra heat trapping carbon dioxide to the atmosphere, by
burning wood from our forests and waste materials. In addition, wood burning adds dangerous
levels of particulates to our air as the American Lung Association has repeatedly warned, and
Worcester County ranks as having among the highest particulate concentrations in the nation.
While wood from our forests may be slowly renewable on time scales of a century, it is a high
carbon source and may be unsustainable under commercial economic pressures.Putting additional
carbon dioxide into the atmosphere from burning wood and waste undermines the Massachusetts
Global Warming Solutions Act that the Supreme Judicial Court unanimously ruled required
positive action by the state to reduce heat trapping gases.
The conclusion of my research along with that of many others is that burning wood from our
forests releases more carbon dioxide, the leading greenhouse gas (GHG) contributor to
global warming and climate change and is worse than burning any fossil fuel including coal.
The reason is a matter of basic chemistry. As the IPCC summarized it in its 2014 report,
"The combustion of biomass generates gross GHG emissions roughly equivalent to the
combustion of fossil fuels. If bioenergy production is to generate net reduction in
emissions, it must do so by offsetting those emissions through increased net carbon
uptake of biota and soils."
"The shortcomings of this assumption (climate neutrality) have been extensively
discussed."
Research by Prof. John Sterman of MIT and Prof. Juliette Rooney Varga of University of
Massachusetts Lowell that was published last year document that burning wood is worse than
burning coal or any other fuel and that forest replacement growth in many cases does not ever
grow sufficiently to remove the added carbon dioxide during the following century.
Last October,the IPCC released its report on the goals agreed to in Paris by all nations of the world
and found that our current trajectory will lead us to much greater temperature increases than the
1.8 degree Fahrenheit increase in the average the world has already experienced. The US
government one month later released its National Climate Assessment by 13 major government
agencies including NASA and NOAA that documented the severity of the impacts the U.S. is
already suffering. For New England, this includes increased temperatures, greater intensity of
storms and precipitation, accelerating sea level rise and increases in damage from invasive species
including ticks and their associated Lyme disease.
The main tool for mitigating climate and slowing its increase that the IPCC identified is our
growing forests that are capable of removing additional carbon dioxide from the atmosphere and
sequestering the carbon in its trunk, limbs and forest soils. Half the weight of wood is the carbon
atoms that make up the structure of wood fiber. This is also the conclusion of a major report from
2018 by the National Academy of Sciences.
According to studies by the US Forest Service, the forests of western and central Massachusetts
are among the most carbon dense today of any in the eastern United States. (See map on following
page). Our forests contain three times the carbon per acre as do those of the more extensive forests
of Maine. This is a legacy that we have inherited from the past as agriculture was abandoned and
the land returned to forests. Our forests along with the Adirondack protected reserve in upper New
York state are the rare exceptions of regions that have recovered from the great deforestation of
the 19' and 20th centuries.
Work that I am currently conducting with several colleagues that will soon be published,
demonstrates that our Massachusetts forests are at an age when they can remove and sequester the
greatest amount of carbon dioxide during the next century if they are allowed to grow instead of
being harvested for fuel.
The irony is that forest bioenergy for electricity is not economically competitive with solar and
wind power according to the financial firm Lazard,and wood pellets are more expensive than other
sources for heating. Hence, wood burning is only viable if it is subsidized. We must remove the
subsidies and stop paying to make climate change worse.
Using forests for fuel will make it impossible to curb climate change globally. This was the
message of nearly 800 scientists to the European Parliament in January of this year. We in
Massachusetts can do our part by halting the subsidies for adding carbon dioxide to the atmosphere
by passing H 853 that was introduced by Representative Provost with 30 co-sponsors.
Thank you
William R. Moomaw
Tufts University
C LE Map
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee
Update
PRESENTER: ITEM
Jill Hai, Special Pen-nit Residential NUMBER:
Development Zoning Bylaw
Amendment Ad Hoc Committee Chair I'g
SUMMARY:
Jill Hai will update the Board with the Special Permit Residential Development Zoning Bylaw Amendment Ad
Hoc Committee progress to date.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 8:15 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Town Manager Reappointments
PRESENTER:TER• ITEM
S
NUMBER:
James M. Malloy, Town Manager
I.9
SUMMARY:
A vote is requested for this agenda item.
Council on Agin
• Gerald Howell has been a member since 2011. Mr. Ho well's new term will expire May 31, 2022. Ethics
training is up-to-date.
• Julie-Ann S hap iro has been a member since 2013. M s. S hap iro's new term will expire May 31, 2022.
Ethics training is up-to-date.
SUGGESTED MOTION:
Move to approve the Town Manager's reappointments for Gerald Howell and Julie-Ann S hap iro to the
Council on Aging.
FOLLOW-UP:
Town Manager's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 8:20 p.m.
ATTACHMENTS:
Description Type
Shapiro Reall'.)pointmexil Application Backup Material
TOWN OF LEXINGTON
APPLICATION �FOR REAP�POINTM�ENT FOR BOARDXO.� MITTEIE MEMBERSHIP
Board/Committee
0 1� n-t e'/�r i C s t':
Full Name: y
Pre-ferr,(.:1,d
(please circle),MrIMs./Mrs./Other
Home Address-,
Lenath of Ri-2-sidenz.-twe
5-
InLexington
Current Occupation:
Work Address:
Phone Numb er(s): Home. Work:
................ ............
Fax Number(s):
Email Address-
Coniments,
Members of Town boards and committees, as defined by the Conflict of Interest Law, .M.G.L. c,
268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics
Commission, Within 30 days of appointment. and annual1v thereafter, coMmIttee members MUST
nowl edge receipt-of the Summary of the Conflicts of Interest Statute from the Town Clerk,,
and thereafter must provide aocumentation.ot Nennial commplmotion of the on-line training
required by the Conflict of Interest Statute, The law places responsibility for aC-know1-(.-dcyi-n_g
re'611elpt of the surnamaries,, and for compl ors-C.,.training on the indi-vidual. You will be
provided additional information.bv the Town.Clerk pertain'ng-to this law and recly tin
-W 1_7s ent
education and trainincy requirements.
13- 1
Signature: Date:
/ED
,'j-A02:B&C's Application
MAY 16 201%oi
UA G E R S n mz
TOWN LEXINGTON
APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE NjJfM E P
Board'Committee
of Interest.-
,yam 01011
.
Julie-Ann Shapro
';' d 11 N a i-n-e: OFP
------------ ---------- ICE
Pref-'erred 1"itle Ms.
(please c rc1�),-Mr_ �sfrt� rs =C t��r
f.... e Address:
L,ength of Residence 26 years
Current Occupation.- Attorney
WorkAddress:
Phone Number(s): Home: ........................... Work:
Fax# N Limb r(s)a
Erna address
Conirnents.
Members of-Foes boards and com-nittees, as defined by the Conflict of Interest 1-,a, M.G.1:.11,. C.
268A must abide bv the standards of conduct as set forte by the Massachusetts State Ethics
Commission,ssion, ithi 0 da is of appointment. and annuallv thereafter, committee members USt
acknowledge receipt of.,the Summary of the Conflicts:s of Interest Statute from the Jown Clerk,
a d thereafter must provide documentation of biennial biCnnial completion of the -lime training
required by the Conflict of Interest Statute. The law places resp()r s i b I'll itv for acknowledgincy
receipt o fg the summaries, and for c � let n the e tr a n n tie- d =ideals You will f ie
pry =.ded additional inforrnation bv the Town Clerk perta ni toy this law and. rece t v enacted
edUcation and training requirements.
Signature" date:m
Julie-Ann Shapiro 5/6/19
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Proclamation- Coach Bill Tighe's 95th Birthday
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.10
SUMMARY:
The Board is being asked to approve and sign a proclamation in honor of the 95th birthday of our beloved
former Lexington High School Football Coach, Bill Tighe.
SUGGESTED MOTION:
Move to approve and sign the proclamation.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 8:25 p.m.
ATTACHMENTS:
Description Type
F) 2019(A:)ach Bill'..°ighe's 95th.Bift Ada )r(.))darrliafion. Baickup Material
a3 [i
6 Tobin of Lexington, la,55acbm5ett.9
P Iov. `
OFFICE OF SELECTMEN
PROCLAMATION
Whereas: William "Coach" Tighe was born on June 21, 1924 and grew up in Ashland,
Massachusetts, where he was a three-sport all scholastic standout. Following graduation
in 1942, he enlisted in the United States Army Air Corps as a P-3 8 fighter pilot and crew
chief serving in New Guinea, Philippines, Okinawa, Japan, and Korea during WWII from
1943 through 1946; and
Whereas: upon Coach's return he was accepted at Boston University, where he picked up his
athletic career and became a two-sport Hall of Fame inductee for baseball and football.
Coach was also selected for the Post War All-Star gridiron team in 1964; and
Whereas: after graduating Boston University in 1949, Coach played professional baseball for St.
Johnsbury in Vermont in the Northern League. Coach also got offers to play baseball for
the Philadelphia Phillies and football for the Yankees in the short-lived All American
Football League. Coach turned down the offers to pursue a career in teaching; and
Whereas: Coach was married for 57 years to his late wife Mary. They had six children. He lost two
sons to cystic fibrosis as children. He has nine grandchildren, and four great-
grandchildren; and
Whereas: having coached for over 62 years, Coach had a spectacular career with 53 years as a head
coach. He coached in 514 games including: seven years in Wakefield, Massachusetts
with a record of 44-14-2 including a State Championship in 1962; Coach was invited to
the White House by President Kennedy, where they swapped autographed footballs;
Coach served nine years in Malden, Massachusetts with a record of 39-37-2 and two
Greater Boston League Championships; and Coach also served 36 years in Lexington,
Massachusetts with a record of 186-181-9 that included three Middlesex League
Championships and one Super Bowl appearance; and
Whereas: Coach has been recognized over the years with many awards and honors including being
inducted into: the Massachusetts Football Coaches Hall of Fame; the National Federation
of High School Coaches Hall of Fame; the Lexington High School Hall of Fame as a
Head Coach; the Lexington High School Hall of Fame with the 1980 and 1984 teams; the
Wakefield, Massachusets Hall of Fame as a Head Coach; the Malden, Massachusetts Hall
of Fame as a Head Coach; the Boston University Hall of Fame as a football player; the
Boston University Hall of Fame as baseball player; he served as the Memorial Day
Parade Grand Marshal in Lexington, Masssachusetts in 2016 and served as the Patriots'
Day Afternoon Parade Grand Marshal in Lexington, Massachusetts in 2017; and
Whereas: when Coach retired in 2010, he was the oldest active High School Athletic Coach in the
United States of America at 86 years young.
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington,
Massachusetts, do hereby recognize:
William "Coach" Tighe
on the occasion of his Ninety-Fifth birthday on June 21, 2019, and thank him for his many years of
service, not only to students of the Lexington Public Schools and the greater Lexington Community, but
to all people whose lives he has touched.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed
herewith on the 3rd day of June.
DOUGLAS M.LUCENTE,CHAIRMAN JOSEPH N.PATO
SUZANNE E.BARRY JILL I.HAI
MARK D.SANDEEN
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Committee Appointment
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.11
SUMMARY:
The Board is being asked to appoint Sheila Page as a member of the Battle Road Scenic Byway Committee to
fill the unexpired term of Aaron Henry with a term expiration of September 30, 2019. Ethics training is complete
and up-to-date.
SUGGESTED MOTION:
Move to appoint Sheila Page to the Battle Road Scenic Byway Committee as a member for a term to expire
on September 30, 2019.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019 8:30 p.m.
ATTACHMENTS:
Description Type
9� ttic,,r,]'Zoa:�Ice c. B mooyway .n]:Tllit .1)1,,.)ointryia(iit Application
Page,
s" '•4
. NOil Towns of lexington, fR
Apmt
ilo
Selectmen's Office Town Manager's Office
TEL:781-698-4580 TEL:781-698-4540
FAX:781-863-9468 FAX: (781)861-2921
APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP
INSTRUCTIONS
On the back you will find an application form for board or committee membership in the Town
of Lexington. Please fill in the information on the form and, if possible, attach a current resume.
If you are appointed, information from this application will be used to contact you(in case of
meeting cancellation, etc.) and to forward committee material. Please do not offer information
on this application you would prefer we not use (i.e., your work phone number or fax numbers).
Applications will be kept on file and considered as vacancies occur. All applicants are strongly
encouraged to attend a regularly scheduled meeting of the board or committee for which they are
applying.
If you are applying to a Selectmen appointed committee, return your completed application and
resume to the Selectmen's Office; if you are applying for a Town Manager appointed committee,
return your completed application and resume to the Town Manager's Office. Your application
can be emailed, faxed or mailed.
If you have any questions or need more information, contact either the Selectmen's Office at
781-698-4580 or the Town Manager's Office at 781-698-4540.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
e-mail electim in slle iiir��toinim ov or towinirr� inn plle iiir� toinim o�
APPLICATION FOR APPOINTMENT
FOR BOARD/COMMITTEE MEMBERSHIP
THE Battle Road Scenic Byway Committee
Board/Committee of Interest: 1. 2.
3. 4.
ofrom is application
Would you consider another Committee:
/-%b I L)I I Y a b YOU VV I b I I
For how long �juldel
e�ke�p y reapplication on file?
Full Name: PVI S Nickname:
Preferred Title (please circle) Mr./Ms./Mrs./Other:
Home Address: a 0 1 Zip:
IN/A
Length of Residence in Lexington:
Assistant Town manner
Occupation:
- 0 - - a
Work Address: ownulticeS eximg on,
MA
781 -698-4563
Phone: Home Work Fax
Cell
onma.gov
E-mail: Primary: Secondary:
If you currently serve on a Board or Committpl e�sIIII�i6eftify:
Special Training, Interests, Qualifications:
Have you been asked by a Committee to be � �p,J�er�
IU
How did you hear about the Committee?
Please attach a current resume, if possible. Richard Canale for Sheila Page.
,igitlly signedRchar Canale
Richard CanaleDate:a
2019.05.20y1310941 04'00' May 20, 2019
Signature: Sheila Page Date:
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Water and Sewer Commitments
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY:
Water and Sewer Finals April 2019 $ 71668.92
SUGGESTED MOTION:
Motion to approve the above Water and Sewer F finals.
FOLLOW-UP:
Treasurer/Collector
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019
ATTACHMENTS:
Description Type
Department of' Public Works
'Town of Lexington
U75
Water and Sewer Enterprise Funds
I iA
S
FISCAL YEAR 2019
APP t 1V
N
FINALS GRAND TOTALS
APRIL 2019
WATER $3,F836-85 $3e 3 . 5
SEWER $3,83,2.07 $3,832.07
TOTAL: $7,668.92 $7, 2
'To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy land collect of the persons named
s I in the list of water/1 ewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Sold sum being-.
Seven thousand'six hundredsixty e'ht d6ffars and,9,21ioo
19'
And pay the same Into the treasury of the Town of Lexington
and to exercise the powers conferred by low in regard thereto.
DIRECTORbF PUBLIC WORKS BOARD O�F SELECTMEN 6/3/2019
Treasurer/collector, Director of' Public Works, Water/Sewer Billing
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor Licenses
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.2
SUMMARY:
The Deborah Abel Dance Company has requested a One-Day Liquor License to serve wine for the purpose of
their Zumb a Fundraiser and Reception to be held at the Lexington Community Center, 39 M arrett Road, on
T hurs day, June 13, 2019. The wine will be served at the reception portion of the event from 7:30 p.m. to 8:45
p.m., following a Zumba class from 6:30 p.m. to 7:30 p.m.
Spectacle Management has requested two One-Day Liquor Licenses to serve beer and wine in the lobby of
Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of two events on the following dates:
• Bella Fleck&Abigail Washburn, Sunday, July 28, 2019 7:30 p.m. to 10:30 p.m.
• Lori Mc Kenna, Saturday,August 3, 2019 8:00 p.m. to 11:00 p.m.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019
ATTACHMENTS:
Description Type
D One�I.Xly I.I.,��Bella Fleck/Af.)igail Washburn&.[..x)ri.mcKenri.a Backup Material
.........
"on
-:
TOMrN OF LEXINGTON MAY 2 0 2 019
4r
SELECTMEN'S OFFICE3f,
APRIL
'10.== APPLICATION FOR
ONE-DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non--profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along With a check for$25.00 made payable to the ..
Town of T'eA ingtton. a � "�
e
BUSINESS/FUNDRAISING ORGANIZATION: 0
m
CONTACT NAME AND NUMBER:
ADDRESS FOR MAILING: � � cz4�
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT:
P
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� �" IR SELECTMEN'S OFFICE
APRIL Iq1M
It APPLICATION FOR MAY 2 8 2019
ONE-DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: Spectacle Management
CONTACT NAME AND NUMBER: Jack Lally,
ADDRESS FOR MAILING: 4 Muzzey St. Lexington MA 02420
EMAIL ADDRESS:
Bella Fleck &Abigail Washburn 7/28, Lori McKenna 8r
TITLE/PURPOSE OF EVENT: Concerts
LOCATION AND ADDRESS: Cary Memorial Building, 1605 Massachusetts Avenue
DA OF FUNCTION: Bella Fleck &Abigail Washburn, 7/28, Lori McKenna, 8/3
TE
TIMES OF FUNCTION: Performances: Bella Fleck @ 7:30; Lori McKenna @ 8:00 Pti
Beer and Wine
TYPE OF LIQUOR TO BE SERVED:
Bella Fleck @ 3:30 PM
DATE AND TIME WIN LIQUOR DELIVERED: Lori McKenna @ 4:00 PM
Bella Fleck @ 10:30 PM
DATE AND TIME WHEN LIQUOR REMOVED: Lori McKenna @ 11:00 PM
ADDITIONAL INFORMATION:
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uthorized Signatur7 Federal Identification No. or
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Social Security Number
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Meeting Minutes
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.3
SUMMARY:
The minutes of the fo llo wing meeting dates are ready for your review and approval:
• April 29, 2019 BO S Meeting
• April 30, 2019 Joint B O S/S C Training Session
• May 9, 2019 B O S Meeting
SUGGESTED MOTION:
Move to approve the minutes of:
• April 29, 2019
• April 30, 2019
• May 9, 2019
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
6/3/2019
ATTACHMENTS:
Description Type
F) April 30,2019 Session Backup Material
F) May 9,2019.B(.)S.Mll.eetin.g t-ev Backup Vll.a—teli.Aal
April 29, 2019
Page 1 of 4
Selectmen's Meeting
April 29, 2019
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
April 29, 2019 in the Selectmen's Meeting Room of the Town Office Building. Mr. Pato; Ms.
Barry; Mr. Lucente; Ms. Hai and Mr. Sandeen were present as well as Ms. Axtell, Assistant
Town Manager and Ms. Katzenback, Executive Clerk.
Reorganization of the Board
Ms. Katzenback, Executive Clerk, asked for nominations for Chair of the Board of Selectmen.
Ms. Hai nominated Mr. Lucente to serve in that role. There being no other nominations, Ms.
Katzenback closed the nominations from the floor and a vote was taken. The Selectmen
unanimously voted Mr. Lucente to serve as Chair for the coming year.
Ms. Katzenback opened nominations for Vice Chair. Ms. Barry nominated Ms. Hai. There being
no other nominations, Ms. Katzenback closed the nominations from the floor and the vote was
taken. Ms. Hai was unanimously voted to serve for the year as Vice Chair.
Ms. Katzenback called a two minute recess so that Board members could take their places at the
table. Mr. Lucente reconvened the meeting at 7:03 p.m.
The Board thanked Ms. Barry for her service as Chair for the past three years.
Public Comments
David Kanter, Capital Expenditures Committee, asked for consideration be made to include the
Capital Expenditures Committee to be listed on the Board of Appeals Charge as one of the major
boards.
Steve McKenna, Lexington High School Assistant Track and Field Coach, expressed frustration
regarding the scheduling of the center track.
Selectmen Concerns and Liaison Reports
Ms. Hai said the Permanent Building Committee discussed the Integrated Building Design
Policy at their April meeting.
Mr. Pato stated the Comprehensive Plan Advisory Committee hosted two public hearing
sessions.
Mr. Lucente reported the Lincoln Park Granite Forest should be wrapping up soon. He said the
Recreation Committee had a sun safety presentation from SOLaware, a start-up company
founded by Lexington High School graduate. The SOLaware display is a modular sun safety
education system that measures the local UV radiation level in real-time and displays the average
time until viewers can expect to experience skin damage, if preventative actions are not taken
April 29, 2019
Page 2 of 4
immediately. The Recreation Committee has recommended to set up one display unit as a test at
Lincoln Park.
Ms. Barry said she and Mr. Malloy held a meeting to discuss the possibility of a delegation to go
to Antony France. In addition, she said The Town of Lincoln is now chairing the Hanscom Area
Towns Committee.
Mr. Sandeen said last week he presented an overview of Sustainability to the residents at
Youville Place; attended a climate resilience roundtable hosted by Congresswoman Katherine
Clarke, attended the Lexpride and Community Coalition event and attended the Lexington
Garden Club Arbor Day Celebration.
Town Manager Report
Ms. Axtel said MassDOT will be doing some milling work starting on May 5, 2019 between
8:00 p.m. to 5:00 a.m. in the area of Route 225 off ramp. In addition Ms. Axtell gave a brief
update on some major projects: masonry work is being done on the Lexington Childrens Place
(LCP), DPW has begun work on Pelham Road, Hastings project first floor slabs have poured,
work is progressing on the new Lexington Fire Station Headquarters and Visitors Center is being
packed up for the move to the temporary location in Cary Memorial Building..
Grant of Location- Eversource - Massachusetts Avenue, Grant Street, & Bedford Street
Ronit Goldstein, Ken Rice and Maureen Carroll from Eversource explained the petition submitted
by Eversource Energy for the purpose of obtaining Grants of Location in Massachusetts Avenue,
Grant and Bedford Streets Grant of Location to install approximately 742 feet of conduit in
Massachusetts Avenue, Grant and Bedford Streets and to install three (3) manholes on
Massachusetts Avenue.
Dawn McKenna, 9 Hancock Street, expressed concern regarding the noise that might come from
the trucks during overnight work.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Grant of
Location to Eversource Energy to install approximately 742 feet of conduit in Massachusetts
Avenue, Grant Street and Bedford Streets and to install three (3) manholes on Massachusetts
Avenue as shown on the plan filed by A. Debenedtictis dated April 4, 2019.
Portion of Pelham Road Acceptance - Order of Taking
Town Meeting voted under Article 28 of the 2019 Annual Town Meeting to accept a portion of
Pelham Road. The next step in the process is for the Board to vote the Order of Taking.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Order
of Taking for Pelham Road as written.
Selectmen Liaison Assignments
April 29, 2019
Page 3 of 4
The Board discussed redistributing liaison assignments which would provide an opportunity to
broaden each Board member's knowledge base. The Board agreed that Ms. Katzenback would
distribute a survey to each Selectman. Upon collection of the survey responses, Ms. Katzenback
would develop a proposed list of liaison assignments based on the Selectmen's ranked committee
liaison preference, the committee workload and day of the week the committee meets. It is
anticipated to have the proposed list of committee liaison assignment on the on the next agenda
for review.
Accept the Terms of the Brian Michael Adley Scholarship Fund
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the terms of
the Brian Michael Adley Scholarship Fund that will be managed by the Trustees of Public
Trusts.
Crematory Study Ad Hoc Committee Update
Mr. Lucente said the Ad Hoc Crematory Study Committee presented their interim report to the
Board of Selectmen and Town Meeting. Next steps for the Committee include additional
evaluations and development of a business plan. The next committee meeting is scheduled for
May 8, 2019 at 7:00 p.m. Mr. Lucente stated he will be resigning as non-voting Chair from the
Ad Hoc Crematory Study Committee and recommended Ms. Barry to be appointed non-voting
Chair to this committee.
Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update
Ms. Hai reported the Special Permit Residential Development(SPRD) Zoning Bylaw
Amendment Ad Hoc Committee continues to meet monthly. Sessions were held on April 23,
2019 and April 25, 2019 to gather community feedback. These sessions were recorded by
LexMedia and are available for on demand viewing.
Dissolve Community Center Program Advisory Committee
Mr. Lucente stated the work of the Community Center Program Advisory Committee has
concluded and the Board is being asked to vote to dissolve this committee. All materials related
to the work of the committee will be provided to the Clerk's Office to be archived.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to dissolve the
Community Center Program Advisory Committee.
Approve Limousine License Renewals
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
applications and issue two renewed Limousine Licenses to Boyadjian Limousine Service, 447
Lowell Street; one renewed Limousine License to Fusco Enterprise, LLC d/b/a Back Bay Sedan,
37 Woburn Street; and one renewed Limousine License for R&M Ride, 24 Deering Avenue.
Battle Green Use Request for Daughters of the American Revolution Procession/Wreath Laying
Ceremony
April 29, 2019
Page 4of4
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
of the Daughters of the American Revolution to lead a procession and place a wreath on the
Battle Green on Thursday, May 9, 2019, from 10:00 a.m. to 11:00 a.m.
Discuss Discovery Day
The Board discussed the potential of hosting a booth at Discovery Day. It was determined
having only three Selectmen would not be sufficient manpower to operate the booth throughout
the whole day. The Selectmen agreed to have Mr. Lucente ask other elected Boards if they
would be willing to participate together at an"Elected Boards and Committees" Booth at
Discovery Day.
Consent
• Approve Minutes
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes
of March 18, 2019; March 22, 2019; March 25, 2019; March 27, 2019 and April 1, 2019.
• Water and Sewer Commitments
Upon motion duly made and seconded, the Selectmen voted 5-0 to approve the Water& Sewer
Commitment March 2019 Cycle 9 billing in the amount of$257,539.78 and the Water and Sewer
Commitment March 2019 Finals in the amount of$4,231.70.
• Approve and Sign Proclamations
Upon motion duly made and seconded, the Selectmen voted 5-0 to approve and sign the National
Police Week/Peace Officers Memorial Day Proclamation and the National Public Works Week
Proclamation.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 9:11 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Joint Selectmen and School Committee Training Session
Tuesday, April 30, 2019
A Joint Training Session for the Board of Selectmen and School Committee began at 7:05 p.m.
on Tuesday, April 30, 2019 in the Training Room of the Samuel Hadley Public Services
Building for the purpose of QPR(Question, Persuade, Refer) Suicide Prevention Training.
Present for the Selectmen (BOS) were Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and
Mr. S andeen.
Present for the School Committee (SC) were Ms. Jay, Chair; Ms. Colburn; Ms. Linehan; Ms.
Sawhney; and Mr. Bokun.
Also present were Melissa Interess, Director of Human Services; Tony Serio, Assistant Director
of Youth and Family Services.
QPR(Question, Persuade, Refer) Suicide Prevention Training
Mr. Serio conducted the training session with assistance from Ms. Interess.
The training session concluded at 8:45 p.m.
A true record; Attest:
Suzanne Barry
Board of Selectmen
May 9, 2019
Page 1 of 2
Selectmen's Meeting
May 9, 2019
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Thursday,
May 9, 2019 in the Cafeteria of the Samuel Hadley Public Services Building. Mr. Lucente, Chair;
Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present as well as Mr. Malloy, Town
Manager; Ms. Axtell, Assistant Town Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente announced a request was made to move the Day of Decency Proclamation Request
to the Items for Individual Consideration portion of the agenda to allow for discussion. There
was no objection from the Board.
Noise Bylaw Special Permit - Eversource Request to Perform Infrastructure Work
Mr. Lucente opened the Hearing at 7:02 p.m.
Matt Veins and Ronit Goldstein, from Eversource were in attendance at the hearing. Mr. Veins
stated the Special Noise By-law Permit is being requested in order to expedite construction and
reduce traffic and pedestrian congestion during the Eversource upgrades to our electrical
infrastructure being performed in the Town Center.
Mr. Veins said the construction work for installation of three manholes is being requested to be
performed at night in order to prevent vehicle and pedestrian traffic disruptions during the day
shift. Eversource will work closely with local businesses and residents to avoid disruption as much
as possible. Eversource is looking to perform the night work Sunday to Thursday nights from 7:00
p.m. to 5:00 a.m. through Friday, June 28, 2019.
Ms. Hai asked if the construction activities having a high level of noise could be contained to an
earlier time. Mr. Veins explained Eversource will accommodate this request by limiting the saw
cutting,jack hammering and chipping to be performed in the early evening.
Ms. Barry asked if Eversource had all the supplies on hand required for this project so as to
prevent any delays due to availability of supplies/parts. Mr. Veins confirmed all supplies/parts
are on hand.
Ms. Barry asked how Eversouce will update the community throughout the project regarding the
progress to date as well the upcoming work for this project. Ms. Goldstein said they would
provide a weekly update to Mr. Dugan, Lexington Public Information Officer, in order to update
the community.
David Kanter, 48 Fifer Lane, asked if there are any conflicts of other utility lines located in the
test sites. Mr. Veins explained he has confidence knowing the locations of the Eversource
infrastructure and having accurate water and sewer location mark outs from the DPW. Mr.
Veins stated it is hard to know if the third party for the cable companies accurately marked out
the cable lines.
Seeing no further comment, Mr. Lucente closed the Hearing at 7:30 p.m.
May 9, 2019
Page 2of2
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to grant a Noise
Bylaw Special Permit to Eversource to conduct evening work Sunday through Thursday from
7:00 p.m. to 5:00 a.m. until June 28, 2019 in order to complete infrastructure repairs and
upgrades in the town center and along Massachusetts Avenue from Bedford Street to Woburn
Street and on Bedford Street from Harrington Road to Massachusetts Avenue limiting saw
cutting,jack hammering, and chipping to be performed no later than 11:00 p.m.,
Review and Discuss Bike Share Location and Program
Mr. Malloy said the Board is being asked to approve the proposed locations of the Bike Share to
be at Cary Memorial Library and Berman's Liquors during the Visitors Center construction. He
explained Zagster, Historic Districts and Berman's are agreeable to this relocation.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the two
Zagster bike share locations, to be at the Cary Memorial Library, 1874 Massachusetts Avenue
and Berman's Liquors, 55 Massachusetts Avenue.
Day of Decency Proclamation
Mr. Jeff Urdan emailed a proposed Day of Decency proclamation to the Board of Selectmen
asking the Board to consider issuing said proclamation in the Town of Lexington.
Mr. Pato expressed concern there was not sufficient details from the requestor regarding the
organization promoting National Decency Day.
Upon a motion duly made and seconded the Board of Selectmen voted 5-0 to table this
proclamation request; and further, to inform the requestor that details regarding the organization
promoting National Decency Day would be required for future consideration.
Consent Agenda
• Lexington Bike Walk 'N Bus Week Proclamation
Upon motion duly made and seconded, the Selectmen voted 5-0 to approve and sign the
Lexington Bike Walk'N Bus Week Proclamation.
Mr. Kanter, 48 Fifer Lane, expressed dismay the proclamation title used the word"week"when
the event is more than seven days.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 7:44 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk