The URL can be used to link to this page

Home My WebLink About2014-08-25-BOS-packet-releasedHearing Assistance Devices Available on Request All agenda times and the order of items are approximate and subject to change. SELECTMEN’S MEETING Monday, August 25, 2014 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENTS (10 min.) 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.) 7:15 p.m. TOWN MANAGER REPORT (5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve Modifications to Lexpress Route 4 (10 min.) 2. Update on Alewife Shuttle (5 min.) 3. Approve on Comcast Cable TV Renewal License (10 min.) 4. Update on Shade Street Traffic Calming Project (20 min.) 5. Discuss 21 Muzzey Street Proposed Mitigation Agreement (30 min.) 6. FY2015 Water/Sewer Rate Setting and Analysis (20 min.) 7. Nominate Bob Martin Honorary Commander of Hanscom (5 min.) 8. Review and Prioritize FY15 Goals (20 min.) 9. Approve Class II License Name Change – Mabuchi Motorcars (5 min.) 10. Vote to Include School Committee Vacancy on the November 4th Special Election Ballot (5 min.) 11. Approve Selectmen Committee Changes (5 min.) a. Resignation/Appointments – 2020 Vision Committee b. Appointment – Bicycle Advisory Committee c. Appointment – Hanscom Area Towns Committee d. Approve Revised Charge of the Monuments and Memorials Committee 12. Future Meetings (5 min.) 13. Town Manager Appointments – Conservation Commission and Recreation Committee (5 min.) 9:45 p.m. CONSENT AGENDA (5 min.) 1. Use of the Battle Green –Battle Road Memorial March 2. One Day Liquor Licenses – Class of 54 Reunion 3. One Day Liquor License – Lexington Community Farm 4. Approve Assistant Town Manager for Finance/Comptroller Review 5. Approve Selectmen Executive Sessions Minutes 9:50 p.m. EXECUTIVE SESSION (30 min.) 1. Exemption 6: 430 Concord Avenue 2. Exemptions 6: Update on Potential Fire Station Parcel 10:20 p.m. ADJOURN The next regular meeting of the Board of Selectmen is tentatively scheduled for Monday, September 8, 2014 in the Selectmen’s Meeting Room, 1625 Massachusetts Avenue. Prepared by cfv AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: PRESENTER: ITEM NUMBER: August 25, 2014 Jeanette Rebecchi I.1 SUBJECT: Modifications to Lexpress Route 4 EXECUTIVE SUMMARY: Since the implementation of the new FY15 Lexpress route system we’ve seen a 23% increase in July ridership. However, the new Route 4 is struggling to meet its schedule at certain times of the day. This is causing delays and missed transfers for riders. The Transportation Advisory Committee and Lexpress drivers are in agreement that minor adjustments are needed sooner rather than later to improve Route 4’s on-time performance. These adjustments include:  Reversing the direction of the Bedford Street/Mass Ave loop  Removing the Worthen Road segment  Reversing the direction of the Winchester Drive/Fairlawn Lane loop FINANCIAL IMPACT: Minimal. Small cost to reprint schedules. RECOMMENDATION / SUGGESTED MOTION: To approve the Lexpress Route 4 modifications effective October 1, 2014 as presented. STAFF FOLLOW-UP: The insert (new schedule) for the fall tax bill will appear as a consent item at the September 8, 2014 Board of Selectmen meeting. TO: Carl Valente, Town Manager FROM: Jeanette Rebecchi, Transportation Manager DATE: August 18, 2014 SUBJECT: Lexpress Route 4 Modifications Summary Since the implementation of the new FY15 Lexpress route system we’ve seen a 23% increase in July ridership. However, the new Route 4 is struggling to meet its schedule at certain times of the day, and we are concerned that this will become more of an issue once school is back in session. The Transportation Advisory Committee and the Lexpress drivers are in agreement that minor adjustments are needed sooner rather than later to improve Route 4’s on‐time performance. To achieve a mid‐year schedule modification, we would need to reissue our FY15 schedule on October 1st and include it as an insert in the fall tax bill. Reissuing the schedule to all households also serves as big publicity for the new GPS tracking service that will be rolled out next month. The schedule’s front cover can be redesigned to call attention to both the new GPS tracking service and the adjustments to Route 4. Current Route 4 9.7 miles & 26 minutes (at non‐traffic times) Route 4 ‐ October 1 Proposal Modifications  Reverses direction of western portion of Route 4 by traveling outbound (north) on Bedford Street ‐ Traffic conditions are better in this direction.  Removes newly added Worthen Road segment – Reduces length of route and avoids waiting to make a left turn onto Worthen Road.  Reverses direction of Winchester Drive loop ‐ Avoids heavy AM traffic on Winchester Drive heading toward Maple Street.  Overall, there is no loss of service to any neighborhoods. The portion of Worthen Rd which was added on July 1, 2014 is the only street that is being removed. Next Steps  Update Lexpress map and schedule for Route 4  Redesign front cover of schedule to advertise GPS tracking and Route 4 adjustments  Board of Selectmen approve tax bill insert (schedule) as consent item at 9/8 meeting  Print schedule and include in September 30 tax bill mailing 9.4 miles & 25 minutes (at non‐traffic times) Lexpress Overview •FY14 Total Ridership increased 20% to 86,456•23% increase in July, 2014 ridership0.01.02.03.04.05.06.07.08.09.010.0FY10 FY11 FY12 FY13 FY14Riders per Vehicle HourFiscal YearRidership By Demographic Per Vehicle HourTotal RidershipAdultsStudentsSenior CitizensChildren Under 67.07.58.08.59.09.510.0FY10 FY11 FY12 FY13 FY14Riders per Vehicle HourFiscal YearTotal Lexpress Ridership Per Vehicle HourTotalRidership Adjustments to Lexpress Route 4Route 4 –July 1Route 4 –October 1•Mid‐year route change proposed to improve on‐time performance•Better aligned to actual traffic conditions•Minimal impact on riders Adjustments to Lexpress Route 4•Reverse direction of travel •Remove Worthen Road segment Real‐Time GPS Tracking Overview•http://tracker.lexpress.us anticipatedlaunch date –October 1st•Ride Systems features:•Live map•Smartphone app•Text message alerts•Custom reports Live map shows real‐time location of bus along its route The expected arrival time is shown for each major stop Or click on your stop to show the anticipated arrival time Free mobile web app works with any web ‐enabled cell phone AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/25/14 STAFF: Lynne Pease ITEM NUMBER: I.3 SUBJECT: Approval of Comcast Cable TV Renewal License EXECUTIVE SUMMARY: Nick Lauriet, a member of the Communications Advisory Committee-Negotiating Subcommittee, will be at your meeting to present the proposed renewal license with Comcast. Attached is a Summary of Changes”, a Comcast letter regarding discounts for qualified senior citizens and the proposed Renewal License document. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve and sign the proposed Cable Television Renewal License for Comcast of Massachusetts III, Inc. for the term September 1, 2014 through August 31, 2024, as presented. STAFF FOLLOW-UP: Selectmen’s Office Changes to Comcast Cable Renewal License Summary of Changes in Draft Comcast Renewal License The renewal license is essentially equivalent to the current license. Here is a brief record of of disposition of proposed changes to the current Comcast cable license. The Negotiating Subcommittee attempted to establish needs and desires of the public1, the Town Manager2, the Superintendent of Schools3, and LexMedia, which might be met under an anticipated renewal license with Comcast. The following table lists the disposition of each item from these sources. Source Request Comment Comcast Response Action Town Manager Free cable/Internet for Senior Center As a public building, already entitled to, and receives, free basic cable None taken Town Manager 10+Mbps 2-way Internet service for Town use Cable accounts have money to provide Comcast division that provides Internet bandwidth WILL NOT provide service as part of cable license None taken Town Manager Additional Internet addresses for Town use End user (Town IT) must request. IPv4 addresses difficult to obtain Comcast cannot provide None taken Town Manager Dark fiber for I- Net backup Cable accounts have money to provide Comcast policy is to not use cable fiber for I-Net service None taken Town Manager 6-10 additional set-top cable boxes for each building for which Comcast provides free cable service Not efficient use of set-top boxes Comcast will provide up to three boxes per building. No objection to processing signals at building entry point and distributing cable signals in clear Not a cable license issue - Comcast policy 1 January 26, 2012 Ascertainment Hearing. As it happened, there were no comments or suggestions from this public hearing. 2 January 9, 2013 letter from Carl Valente. See Attachment A 3 January 8, 2013 letter from Marianne McKenna. See Attachment B. Changes to Comcast Cable Renewal License 2 Town Manager Faster removal of cable drops when someone discontinues service License already requires drop removal within two weeks of request None taken Town Manager Have repair crews on duty during storms to ensure fallen cables are removed from streets Not economically feasible because all repair crews are assigned to active repairs Comcast has personnel available 24/7 to help Town personnel determine cable owner Comcast provided 800 number to Town emergency personnel Superintendent of Schools Additional 2- way Internet service for School use Comcast will provide “Business Basic”4 service to schools with proper assurances Not a cable license issue - Comcast policy Superintendent of Schools Additional Internet addresses for School use End user (Schools IT) must request. IPv4 addresses difficult to obtain Comcast cannot provide None taken Superintendent of Schools Dark fiber for I- Net backup Cable accounts have money to provide Comcast policy is to not use cable fiber for I-Net service None taken Superintendent of Schools 3-7 set-top cable boxes for each school building for which Comcast provides free cable service Not efficient use of set-top boxes Comcast will provide up to three boxes per building. No objection to processing signals at building entry point and distributing cable signals in clear Not a cable license issue - Comcast policy LexMedia Additional PEG channel with HD resolution RCN already provides Comcast WILL NOT provide HD PEG channel at this time. During term of renewal license, None taken 4 Comcast’s “Business Basic” provides relatively low bandwidth for a typical school (10 Mbps down, 2 Mbps up). However, if each of our nine schools gets this added service, we would have a gross increase of 90 Mbps down and 18 Mbps up. The net improvement would depend on the efficiency of integration of the new service with existing Internet service in each building. Changes to Comcast Cable Renewal License 3 if/when Comcast resolves technical and policy issues, will provide to Town. Comcast Requests 1. Comcast requested that the renewal license form and content be based on a new template that is currently a model for their company. We tried to have an open mind, but had difficulty in finding equivalences for many terms in the current license, and in understanding why other clauses in the new model were not needed in the current license. After consultation with the Board of Selectmen’s liaison to the CAC, we informed Comcast that it was not in the Town’s interest to change the license format, and that we would not agree to do so. Two reasons for this: (a) It would take significant time and cost (for legal advice) to analyze the new document and make sure everything important to the Town was present; (b) The basic license used for both RCN and Comcast has evolved since 1996. We understand it, and we can ensure parity in our agreements with the two companies (see figure below). All this would be lost in a radical change of license format. 2. Comcast asked for a change in the formula for computing their payment “in lieu of an I-Net”, introduced in their 2008 license amendment when they could no longer provide their coax cable-based I-Net. Payment is currently $17,606 per year. Comcast would like to compute the payment as a percentage of gross cable revenues (as the Changes to Comcast Cable Renewal License 4 PEG/Technical Initiative payments are computed), so that the amount would be reduced if their cable revenues go down. Exact percentage (approximately 0.5%) would be selected to make the first year’s payment equivalent to $17,606. The subcommittee was sympathetic to their request, but wanted a quid pro quo: What would Comcast offer the Town in return for the potential loss of revenue? The only suitable benefit that we could identify was the HD PEG channel, but Comcast refused to consider putting language promising this channel into the license. So the payment remains at $17,606 per year. Bottom line: Comcast rejected all our license-related requests, but agreed to all our non- license, corporate policy requests. We rejected Comcast’s request to use another template for the renewal license and a new formula for computing “in lieu of I-Net” payments because we got nothing in return. So, except for a few clarifying/simplifying text changes, we expect to be operating under the same license terms for the next 10 years. Changes to Comcast Cable Renewal License 5 Appendix A. Town Manager Requests Memorandum To: Jim Goell, Chairman, Communications Advisory Committee From: Carl F. Valente, Town Manager Date: January 9, 2013 Re: Comcast Negotiations Thank you for the opportunity to offer suggestions for the upcoming Comcast renewal license negotiations. Below are the suggestions from the Senior Staff: 1. Human Services Department (Charlotte Rodgers) The Senior Center uses Comcast for wireless internet and cable TV. Both services are enjoyed by seniors and the use of computers with our Computer Club is growing. This service is essential as we can provide wireless without using the secure network of the Town. The cost for this service is $119.23 per month, annualized to $1433.16 Comcast also charges the Town for any service needs. Currently, this service is funded by a gift from the Friends of the Council on Aging. Would this be a cost that could be negotiated with Comcast? 2. Information Technology Department (Dorinda Goodman) Ideally we would like bandwidth provided by Comcast, at no charge, and some IP addresses. The exact amount would be open for discussion. A minimum amount of 10Mb up and down would be used for failover and serve basic Town needs. If we can get more bandwidth and significantly add to the current amount of bandwidth so we don't have to buy more in the near future, that would be preferable. In addition, if Comcast is able to provide some redundant pathways for our MAN (municipal area network, i.e. dark fiber) we would like to make use of that. We would also like Comcast to provide additional set top cable boxes. They currently provide 3 at no charge. We would like a minimum of 6 per building but would prefer 10. 3. Police Department (Chief Corr) Faster removal of wires from poles when someone discontinues service. A timeline and/or penalty could encourage cable companies to make this a high priority. Changes to Comcast Cable Renewal License 6 Storm damage. Having repair crews on-duty during storms -- preferably in coordination with RCN & Verizon to insure that cable lines are kept clear of public ways. Thank you for this opportunity to provide these items for the negotiations for a new Comcast cable license. Should you need further information please feel free to contact the department managers listed above. Changes to Comcast Cable Renewal License 7 Appendix B. Superintendent of Schools Requests 1 Lynne Pease From:Dave Becker <BeckerDS@aol.com> Sent:Thursday, August 21, 2014 3:33 PM To:Lynne Pease; Peter Epstein, Esq Subject:Comcast Renewal License for Board review Attachments:Lexington Renewal License Clean 8-20-14 dsbC.pdf Lynne ‐ Attached is the final Comcast Renewal License that the CAC is asking the Board to accept and sign at their meeting on Monday, August 25, 2014. Please put it in their weekend review folder. Note: (1) It is in PDF format; (2) It does not have a Table of Contents or a List of Exhibits; (3) We will supply three originals of this document, including the missing items in (2), above, in hard copy, for Board members to sign at the meeting if they accept the CAC's recommendation; (4) The three originals are to be sent to Comcast for signatures after the Board members have signed; (5) Comcast will retain one executed original, will send executed originals to the Town and to Peter Epstein, and will send one (non‐original) copy to the Department of Telecommunications and Cable. Peter ‐ I replaced the bad Gross Annual Revenues image in the final PDF version with the good image you sent this morning (see attachment). Please send us the final version in DOC format, including the missing items in (2), above, plus a draft cover letter for the three originals to Comcast, as soon as possible. Dave C A B L E T E L E V I S I O N R E N E W A L L I C E N S E G R A N T E D T O C O M C A S T O F M A SS A C H U S E T T S I I I , I N C . T H E B O A R D O F S E L E C T M E N T O W N O F L E X I N G T O N , M A SS A C H U S E T T S A U G U S T 25, 2014 -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 2 A G R E E M E N T This Cable Television Renewal License entered into this 25th day of August, 2014, by and between Comcast of Massachusetts III, Inc. (³&RPFDVW´) and the Board of Selectmen of the Town of Lexington, Massachusetts, as Issuing Authority for the grant of the cable television license(s) pursuant to M.G.L. c. 166A. W I T N E SS E T H WHEREAS, the Issuing Authority of the Town of Lexington, Massachusetts, pursuant to M.G.L. c. 166A, is authorized to grant one or more non-exclusive cable television licenses to construct, operate and maintain a Cable Television System within the Town of Lexington; and WHERAS, the Issuing Authority conducted a public ascertainment hearing on January 26, 2012; and WHEREAS, the Issuing Authority and Comcast did engage in good faith negotiations to further clarify said proposal and did agree on proposals for Comcast to continue to operate and maintain a Cable Television System in the Town of Lexington. NOW THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound, the parties agree as follows: -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 3 A R T I C L E 1 D E F I N I T I O N S S E C T I O N 1.1 - D E F I N I T I O N S 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 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 discretionary. (1) Access: The right or ability of any Lexington resident and/or any Persons affiliated with a /H[LQJWRQLQVWLWXWLRQWRXVHGHVLJQDWHG3XEOLF(GXFDWLRQDODQG*RYHUQPHQW³3(*´IDFLOLWLHV equipment and/or channels of the Cable Television System in Lexington, subject to the conditions and procedures established for such use. (2) Access Channel: A video channel which the Licensee owns and shall make available, without charge to the Town, and controlled by the Town and/or its designee(s), for the purpose of transmitting non-commercial 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 of the Town of Lexington from time to time, for the purpose of staffing, operating and managing the use of public, educational and governmental access funding, equipment and channels on the Cable Television System. (4) Affiliate or Affiliated Person: When used in relation to any Person, means another Person who owns or controls, is owned or controlled by, or is under common ownership or control with, such Person. (5) Basic Cable Service or Basic Service: Any service tier which includes the retransmission of local television broadcast Signals. (6) CMR: The Code of Massachusetts Regulations. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 4 (7) Cable Communications Act (the "Cable Act"): Public Law No. 98-549, 98 Stat. 2779 (1984) (the Cable Communications Policy Act of 1984), as amended by Public Law No. 102- 385, 106 Stat. 1460 (1992) (the Cable Television Consumer Protection and Competition Act of 1992), and as further amended by Public Law No. 104-458, 110 Stat. 110 (1996) (the Telecommunications Act of 1996). (8) Cable Division: The Cable Television Division of the Massachusetts Department of Telecommunications and Cable. (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 available to all Subscribers generally. (10) Cable Television System or Cable System: 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, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Subscribers without using any public right- of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section 653 of the Communications Act; or (E) any facilities of any electric utility used solely for operating its electric utility systems. (11) Commercial Subscriber: A commercial, non-residential Subscriber to Cable Service. (12) 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 WKDWLVZLWKLQWKH/LFHQVHH¶VFRQWURODQGUHTXLUHVDFRUUHFWLYHPHDVXUHRQWKHSDUWRIWKH Licensee. (13) Converter: A device that plugs into a Subscriber¶VHTXLSPHQWWKDWHQDEOHV6XEVFULEHUV WRREWDLQWKH/LFHQVHH¶V6LJQDOV -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 5 (14) &RPPXQLFDWLRQV$GYLVRU\&RPPLWWHH³&$&´7KH7RZQ¶VFDEOHDGYLVRU\FRPPLWWHH appointed by the Issuing Authority as its primary designee on Cable Television matters and, in the absence of explicit language to the contrary in any Town cable television license or any applicable statute, regulations, etc., the Town entity authorized to act on behalf of the Issuing Authority with regard to any Town Cable Television license. (15) Department of Public Works ("DPW"): The Department of Public Works of the Town of Lexington, Massachusetts. (16) Downstream Channel: A channel over which Signals travel from the Cable System Headend or Hub-Site to an authorized recipient of Programming. (17) Drop or Cable Drop: The cable that connects an Outlet to the Cable System. (18) Educational Access Channel: A specific channel(s) on the Cable System made available by the Licensee to Lexington educational institutions and/or educators wishing to present non- commercial educational programming and information to the public and managed and operated by the Issuing Authority or its designee(s). (19) Effective Date of Renewal License (the "Effective Date"): September 1, 2014. (20) FCC: The Federal Communications Commission, or any successor agency. (21) Government Access Channel: A specific channel(s) on the Cable System made available by the Licensee to the Issuing Authority and/or its designees for the presentation of non- commercial programming and/or information to the public and managed and operated by the Issuing Authority or its designee(s). (22) Gross Annual Revenues: All revenues derived by the Licensee and/or its Affiliates, FDOFXODWHGLQDFFRUGDQFHZLWK*HQHUDOO\$FFHSWHG$FFRXQWLQJ3ULQFLSOHV³*$$3´ from the operation of the Cable Television System for the provision of Cable Service(s) over the Cable Television System including, without limitation: the distribution of any Service over the Cable System; Basic Service monthly fees and all other Service fees; any and all Cable Service fees and/or charges received from Subscribers; installation, reconnection, downgrade, upgrade and any similar fees; all digital Cable Service revenues; interest collected on Subscriber fees and/or charges; fees paid on all Subscriber fees ³)HH-on-)HH´ all Commercial Subscriber revenues; all Pay Cable, Pay-Per-View revenues; any other services now or in the future deemed to be lawful for purposes of computing Gross Annual Revenues by a court or forum of appropriate jurisdiction; video-on-demand Cable Services; fees paid for channels designated for commercial use; home-shopping revenues; Converter, remote control and other cable-related equipment rentals and/or leases and/or sales; and advertising revenues. In the event that an Affiliate and/or -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 6 any other Person 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 or such other Person for said Affiliate's or other Person's use of the Cable System for the carriage of advertising. Gross Annual Revenues shall also include the gross revenue of any other Person which is received directly or indirectly from or in connection with the operation of the Cable System to the extent that said revenue is received, through a means which has the effect of avoiding payment of License Fees to the Town that would otherwise be paid herein. It is the intention of the parties hereto that Gross Annual Revenues shall only include such revenue of such Affiliates and/or Persons relating to Signal carriage over the Cable System and not the gross revenues of any such Affiliate(s) and/or Person(s) itself, where unrelated to such Signal carriage. Gross Annual Revenues shall not include actual bad debt that is written off, consistent with GAAP; 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. (23) 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. (24) Issuing Authority: The Board of Selectmen of the Town of Lexington, Massachusetts. (25) Leased Channel or Leased Access: A video channel which the Licensee shall make available pursuant to Section 612 of the Cable Act. (26) License Fee or Franchise Fee: The payments to be made by the Licensee to the Town of Lexington and/or its designee(s), which shall have the meaning as set forth in Section 622(g) of the Cable Act and M.G.L. Chapter 166A. (27) Licensee: Comcast of Massachusetts III, Inc., or any successor or transferee in accordance with the terms and conditions in the Renewal License. (28) Origination Capability or Origination Point: An activated connection to an Upstream Channel, allowing a User(s) to transmit a Signal(s) upstream to a designated location. (29) Outlet: An interior or exterior receptacle, generally mounted in a wall that connects a Subscriber's or User's television set to the Cable System. (30) Pay Cable or Premium Services: Programming delivered for a fee or charge to Subscribers on a per-channel or group-of-channels basis. (31) Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a per- program or per-event basis. (32) Pedestal: An environmental protection unit used in housing Cable Television System isolation units and/or distribution amplifiers. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 7 (33) PEG: The acronym for "public, educational and governmental," used in conjunction with Access Channels, support and facilities. (34) PEG Access Channels: Any channel(s) made available for the presentation of PEG Access Programming and managed and operated by the Issuing Authority and/or its designee(s). (35) Person: Any corporation, partnership, limited partnership, association, trust, organization, other business entity, or individual. (36) Prime Rate: The prime rate of interest, at the Federal Reserve Bank. (37) 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 and managed and operated by the Issuing Authority and/or its designee(s). (38) 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. (39) Renewal License: The non-exclusive Cable Television Renewal License granted to the Licensee by this instrument. (40) 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 decoding device. (41) Signal: Any transmission of electromagnetic or optical energy which carries Programming from one location to another. (42) State: The Commonwealth of Massachusetts. (43) Subscriber: Any Person, firm, corporation or other entity, located in Lexington, who or which elects to subscribe to, for any purpose, a Cable Service provided by the Licensee by means of, or in connection with, the Cable Television System. (44) Subscriber Network: The bi-directional network to be owned and operated by the Licensee, over which Signals can be transmitted to Subscribers, and which meets the requirements of Section 3.1 infra. (45) Town: The Town of Lexington, Massachusetts. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 8 (46) Town Counsel: The Town Counsel of the Town of Lexington, Massachusetts. (47) Trunk and Distribution System: That portion of the Cable System for the delivery of Signals, but not including Drop cables to Subscriber's residences. (48) Upstream Channel: A channel over which Signals travel from an authorized location to the Cable System Headend. (49) 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. (50) Video Programming or Programming: Programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable network. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 9 A R T I C L E 2 G R A N T O F R E N E W A L L I C E N S E S e c t io n 2 .1 - G R A N T O F R E N E W A L L I C E N S E (a) 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 continue to operate and maintain a Cable Television System within the corporate limits of the Town of Lexington. (b) 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 Cable Act; and all Town, State and federal statutes and by-laws of general application. (c) Subject to the terms and conditions herein, the Issuing Authority hereby grants to the Licensee the right to continue to 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 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 unreasonably interfere with the lives of Persons, with any installations of the Town, any public utility serving the Town or any other Persons permitted to use Public Ways and places. (d) Grant of this Renewal License does not establish priority for use over other present or future permit holders or the Town's own use of Public Ways and places. Disputes between the Licensee and other parties regarding use of Public Ways and places shall be resolved in accordance with any applicable, lawful regulations of the Department of Public Works ("DPW") and any lawful special laws or Town by-laws enacted hereafter. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 10 S e c t io n 2 .2 - T E R M O F R E N E W A L L I C E N S E The term of this Renewal License shall be a ten (10) year period from the Effective Date and expiring on August 31, 2024, unless sooner terminated as provided herein or surrendered. S e c t io n 2 .3 - N O N -E X C L U S I V I T Y O F R E N E W A L L I C E N S E (a) 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 construction, upgrade, installation, operation or maintenance of a cable television system within the Town; 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 $XWKRULW\¶VULJKWWRPDNHVXFKJUDQWVDQGSHUPLWVXFKXVHV (b) The grant of any additional cable television license(s) shall not be on terms more favorable or less burdensome than those contained in this Renewal License. (i) In the event that the Licensee believes that any additional cable television license(s) have been granted on terms and conditions more favorable or less burdensome than those contained in this Renewal License, the Licensee may request, in writing, that the Issuing Authority convene a public hearing on that issue. Along with said written request, the Licensee shall provide the Issuing Authority with written reasons for its belief. At the public hearing, the Issuing Authority shall afford the Licensee an opportunity to demonstrate that any such additional cable television license(s) are on terms more favorable or less burdensome than those contained in this Renewal License. The Licensee shall provide the Issuing Authority with such financial or other relevant information as is requested. (ii) Should the Licensee demonstrate that any such additional cable television license(s) have been granted on terms and conditions more favorable or less burdensome than those contained in this Renewal License, the Issuing Authority shall consider and negotiate, in good faith, equitable amendments to this Renewal License. (c) The issuance of additional license(s) shall be subject to applicable federal law(s), M.G.L. Chapter 166A and applicable regulations promulgated thereunder. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 11 S e c t io n 2 .4 - P O L I C E A N D R E G U L A T O R Y P O W E R S By executing the 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 applicable State and Town laws, by-laws, rules, and regulations governing construction within a Public Way and shall apply all of such standards to construction within a private way in the Town. Any conflict between the terms of the Renewal License and any present or future lawful exercise of the Town's police and regulatory powers shall be resolved in a court of appropriate jurisdiction. S e c t io n 2 .5 - R E M O V A L O R A B A N D O N M E N T Upon termination of the Renewal License by passage of time or otherwise, and unless (1) the Licensee has its license renewed for another term or (2) the Licensee transfers the Cable Television System to a transferee approved by the Issuing Authority, pursuant to applicable law , the Licensee shall remove all of its supporting structures, poles, Trunk and Distribution System, 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, and/or utilize, any such property in any way or manner it deems appropriate. S e c t io n 2 .6 - T R A N S F E R O F T H E R E N E W A L L I C E N S E (a) 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 Person, 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 or delayed. Such consent shall be given only after a public hearing upon a written application therefore on forms as may be prescribed by the Cable Division and/or the FCC. 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 12 (b) Pursuant to applicable federal and State law(s), in considering a request to transfer control of the Renewal License, the Issuing Authority may consider such factors as the transferee's financial capability, management experience, technical expertise, legal ability to operate the Cable System under the existing license and any other criteria allowable under such applicable law(s) and/or regulation(s). F)RUSXUSRVHVRIWKLV6HFWLRQWKHZRUG³FRQWURO´VKDOOFRPSO\ZLWKWKHGHILQLWLRQRIVXFK in 207 CMR 4.01, as may be amended from time to time. Pursuant to 207 CMR 4.01(2), a transfer or assignment of this Renewal License or control thereof between commonly controlled entities, between affiliated companies, or between parent and subsidiary corporations, shall not constitute a transfer or assignment of this Renewal License or control thereof under M.G.L. c. $6HFWLRQ)RUSXUSRVHVRIWKLV6HFWLRQFRQO\XQGHU&05DQ³DIILOLDWHG FRPSDQ\´ LV DQ\ 3HUVRQ RU HQWLW\ WKDW GLUHFWO\ RU LQGLUHFWO\ RU WKrough one or more intermediaries, controls, is controlled by, or is under common control with another Person or entity. (d) The consent or approval of the Issuing Authority to any assignment or transfer of the 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 the Renewal License, and any such transfer shall, by its terms, be expressly subordinate to the terms and conditions of this Renewal License. (e) The Licensee shall promptly notify the Issuing Authority of any action requiring the consent of the Issuing Authority pursuant to this Section 2.6. (f) Subject to applicable law, the Licensee shall submit to the Issuing Authority an original and five (5) copies, unless otherwise required, of the application and FCC Form 394 requesting such transfer or assignment consent. (g) The consent of the Issuing Authority shall be given only after a public hearing to consider the written application for transfer. Unless otherwise allowed by applicable law(s), the Issuing Authority shall make a decision on said written application within 120 days of receipt of said application. After 120 days, the application shall be deemed approved. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 13 (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 the Renewal License. S e c t io n 2 .7 - E F F E C T O F U N A U T H O R I Z E D T R A N S F E R A C T I O N (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 been effected, the Issuing Authority may revoke and terminate the Renewal License. (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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 14 A R T I C L E 3 C A B L E S Y S T E M D E S I G N S e c t io n 3 .1 - S U B S C R I B E R N E T W O R K (a) The Licensee shall continue to own, operate, maintain, and make available to all residents of the Town, a minimum seven hundred fifty Megahertz (750 MHz) Subscriber Network. Said Cable System shall be fully capable of carrying at least seventy-eight (78) video channels in the downstream direction. (b) Concurrent with the provision of Service to any Subscriber and/or User the Licensee shall install, and maintain throughout the term of the Renewal License, standby power at its Headend facility. Such standby power shall provide continuous capability, contingent upon the availability of fuel necessary to operate the standby generators, and shall become automatically activated upon the failure of the Licensee's normal power supply. (c) The Licensee shall transmit all of its Signals to Lexington Subscribers in stereo, provided that such Signals are available and furnished to the Licensee in stereo. S e c t io n 3 .2 - C O M M U N I C A T I O N S T E C H N O L O G Y F U N D I N G (a) For the entire term of this Renewal License, the Licensee shall continue to provide annual payments of $17,606.00 to the Issuing Authority as Communications Technology Funding. These payments shall be made no later than November 30th of each year of this Renewal License for the following year. The first payment shall be made no later than November 30, 2014 for the period covering September 1, 2014 through August 31, 2015. The last payment shall be made no later than November 30, 2023 for the period covering September 1, 2023 through August 31, 2024. (b) Under no circumstances shall said $17,606.00 be counted against (i) the five percent (5%) of Gross Annual Revenues funding pursuant to Section 6.4 infra and/or the .35% of Gross Annual Revenues funding payable to the Issuing Authority pursuant to Section 7.2 infra. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 15 S e c t io n 3 .3 - P A R E N T A L C O N T R O L C A P A B I L I T Y The Licensee shall provide, upon request, Subscribers with the capability to control the reception of any channels being received on their television sets. Pursuant to applicable law(s), the Licensee shall provide annual notices to Subscribers regarding such capability. S e c t io n 3 .4 - E M E R G E N C Y A L E R T O V E R R I D E C A P A C I T Y 7KH 6XEVFULEHU QHWZRUN VKDOO FRPSO\ ZLWK WKH )&&¶V (PHUJHQF\ $OHUW 6\VWHP ($6 regulations. S e c t io n 3 .5 - S Y S T E M T E C H N I C A L S P E C I F I C A T I O N S The Cable Television System, pursuant to Section 3.1 herein, shall conform to the FCC technical specifications contained in E x h i b i t 1 attached hereto and made a part hereof. At all times throughout the Renewal License, the Licensee shall meet all applicable FCC technical standards. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 16 A R T I C L E 4 C A B L E S Y S T E M L O C A T I O N A N D O P E R A T I O N A L S T A N D A R D S S e c t io n 4 .1 - A R E A T O B E S E R V E D (a) The area to be served is the entire Town of Lexington. (b) The Licensee's Cable Service shall be available to all residences and non-commercial buildings in the Town, unless legally 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 Multiple 'ZHOOLQJ8QLWV³0'8´7KH/LFHQVHHVKDOl make its best efforts to obtain rights-of-way and MDU access agreements in the Town in order to make Cable Service(s) available to all residents. (c) Installation costs shall be non-discriminatory. Any dwelling unit within one hundred fifty feet (150 ft.) aerial or one hundred twenty-five feet (125 ft.) underground of the cable plant shall be entitled to a standard installation rate, unless the sub-surface is a hard surface or requires boring through rock or a similar hard surface (i.e. concrete, asphalt, etc.). Underground installations of more than one hundred twenty-five feet (125 ft.), and which involve a hard surface or which requires boring, shall be provided at a rate based on the /LFHQVHH¶VDFWXDOFRVWV plus a reasonable rate of return. For underground installations more than one hundred and twenty-five feet (125 ft.), not involving a hard surface or boring, the first one hundred twenty- five feet (125 ft.) shall be at the standard installation rate. For aerial installations more than one hundred and fifty feet (150 ft.), the first one hundred fifty feet (150 ft.) shall be at the standard installation rate. S e c t io n 4 .2 - L O C A T I O N O F T H E C A B L E T E L E V I S I O N S Y S T E M The Licensee shall continue to operate 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 and lawful local laws and regulations. S e c t io n 4 .3 - U N D E R G R O U N D F A C I L I T I E S (a) In the areas of the Town in which telephone lines and electric utility lines are currently, or in the future specified to be, underground, whether required by law or not, all of the Licensee's -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 17 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 place its facilities underground at no cost to the Town. (b) Pursuant to Section 4.3 (a) above, underground cable lines shall be placed beneath the pavement subgrade in compliance with applicable Town by-laws, rules, regulations and/or standards. It is the policy of the Town that existing poles for electric and communication purposes shall be utilized wherever possible and that underground installation is preferable to the placement of additional poles. S e c t io n 4 .4 - T R E E T R I M M I N G In the installation of amplifiers, poles, other appliances or equipment and in stringing of cables and/or wires as authorized herein, the Licensee shall avoid all unnecessary damage and/or injury to any and all shade and ornamental 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 lawful rules established by the Issuing Authority during the term of the 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. S e c t io n 4 .5 - R E S T O R A T I O N T O P R I O R C O N D I T I O N 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 18 S e c t io n 4 .6 - T E M P O R A R Y R E L O C A T I O N 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 in accordance with applicable law(s). The Licensee shall be given reasonable notice necessary to maintain continuity of service. S e c t io n 4 .7 - D I S C O N N E C T I O N A N D R E L O C A T I O N The Licensee shall, pursuant to applicable law(s), protect, support, temporarily disconnect, relocate in the same 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. S e c t io n 4 .8 - S A F E T Y S T A N D A R D S The Licensee shall continue to construct, install, operate, maintain and remove the Cable Television System in conformance with applicable provisions of the Occupational Safety and Health Administration regulations, the Massachusetts Electrical Code, the National Electrical Code, the National Electrical Safety Code, the rules and regulations of the Cable Division and the FCC, all State and lawful local laws, any other lawful, applicable regulations, and all land use restrictions as the same exist or may be amended hereafter. S e c t io n 4 .9 - P E D E S T A L S In any cases in which pedestals housing active and 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 DPW regulations; provided, however, that the Licensee may place such 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 pedestal locations shall be shown on the Cable System maps submitted to the Town in accordance with Section 4.12 infra. If required by applicable regulations and/or local by-laws, abutters shall be -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 19 notified of such new pedestals and given an opportunity to comment prior to any approval by the Town. S e c t io n 4 .10 - P R I V A T E P R O P E R T Y 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, to its previous condition, 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. S e c t io n 4 .11 - R I G H T T O I N SP E C T I O N O F S Y S T E M (a) The Issuing Authority or its designee(s) shall have the right to inspect the Cable System and to make such tests as it shall reasonably deem necessary to ensure compliance with the terms and conditions of the Renewal License and all other applicable law. Any such inspection shall not interfere with the Licensee's operations, except in emergency situations. (b) Any tests conducted by the Issuing Authority or its designee(s) 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 reasonable prior notification to the Licensee of its intention to conduct any testing. The Licensee shall be afforded the opportunity to be present during all such testing. S e c t io n 4 .12 - C A B L E S Y S T E M M A PS Upon written request of the Issuing Authority, the Licensee shall file with the Issuing Authority or its designee strand maps of the Cable System plant. If changes are made in the Cable System that affect the accuracy of said strand maps, upon request, and no more than once annually, the Licensee shall file updated strand maps not later than forty-five (45) days after any such request. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 20 S e c t io n 4 .13 - S E R V I C E I N T E R R U P T I O N 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 forty-eight (48) hours notice to all affected Subscribers. S e c t io n 4 .14 - C O M M E R C I A L E S T A B L I S H M E N T S 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 construction, installation and monthly subscription costs as established by the Licensee. S e c t io n 4 .15 - S E R V I C E O U T A G E N O T I F I C A T I O N Upon written request of the Issuing Authority, the Licensee shall provide to the Issuing Authority an explanation of any service outages of twenty-four (24) or more hours in duration in the Town. S e c t io n 4 .16 - D I G S A F E The Licensee shall comply with all applicable "dig-safe" provisions, pursuant to M.G.L. Chapter 82, Section 40. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 21 A R T I C L E 5 S E R V I C E S A N D P R O G R A M M I N G S e c t io n 5 .1 - B A S I C S E R V I C E The Licensee shall make available to all Lexington Subscribers a Basic Service pursuant to applicable federal statute or regulation. S e c t io n 5 .2 - P R O G R A M M I N G (a) Pursuant to Section 624 of the Cable Act, the Licensee shall maintain the mix, quality and broad categories of Programming set forth in E x h i b i t 2, attached hereto and made a part hereof. Pursuant to applicable federal law, all Programming decisions are at the sole discretion of the Licensee, which Programming may be subject to change from time to time. (b) Pursuant to the rules and regulations of the Cable Division, the Licensee shall provide the Issuing Authority and all Subscribers with notice of its intent to substantially change the Lexington Programming line-up at least thirty (30) days before any such change is to take place. (c) To the extent that the Licensee scrambles or otherwise encodes, in any manner or form (1) any off-the-air Signals or (2) any of the PEG Access Channels, it shall do so in a manner that is consistent with applicable law and regulation. For purposes of this Section 5.2 (c), "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. S e c t io n 5 .3 - L E A S E D C H A N N E L S F O R C O M M E R C I A L U S E Pursuant to Section 612(b)(1)(B) of the Cable Act, the Licensee shall make available channel capacity for commercial use by Persons unaffiliated with the Licensee. S e c t io n 5 .4--- R E C O R D I N G O F C A B L E S I G N A L S (a) In accordance with applicable law, in order that Subscribers to the Cable Television System have the capability to simultaneously view and record multiple channels, the Licensee shall make available to any Subscriber, upon request and at a cost, equipment which will allow subscribers -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 22 WRUHFRUGDQGYLHZVLPXOWDQHRXVO\DQ\FKDQQHOVFDSDEOHRIEHLQJUHFHLYHGE\VXFKVXEVFULEHU¶V television set and/or recording device. (b) The Licensee reserves its right to Scramble or otherwise encode any cable channel(s), as is reasonably necessary, in the Licensee's judgment, to protect the Licensee from unauthorized reception of its Signals, in accordance with applicable law(s). S e c t io n 5 .5 - C O N T I N U I T Y O F S E R V I C E It shall be the right of all Subscribers to receive Cable Service insofar as their financial and other obligations to the Licensee are honored; provided, however, that the Licensee shall have no obligation to provide Cable 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 Cable Service, except for necessary Service interruptions or as a result of Cable System or equipment failures. When necessary, non-routine Cable Service interruptions can be anticipated, the Licensee shall notify Subscribers of such interruption(s) in advance. S e c t io n 5 .6 - D R O P S & M O N T H L Y S E R V I C E T O P U B L I C B U I L D I N G S A N D S C H O O L S (a) Pursuant to M.G.L. 166A, Subsection 5(e), the Licensee shall provide, install and maintain a free Subscriber Cable Drop and/or Outlet²one per building²and its monthly Basic Service, to all police and fire stations, public libraries and other public buildings as included in E x h i b i t 3, DQGDQ\RWKHUSXEOLFEXLOGLQJVORFDWHGDORQJWKH/LFHQVHH¶VFDEOHURXWHVDVGHVLJQDWHGLQZULWLQJ by the Issuing Authority. The Licensee shall coordinate the location of each Drop and/or Outlet with each of the aforementioned institutions newly receiving Service. There shall be no costs to the Town and/or any designated institution for the installation and provision of said monthly Basic Cable Service and related maintenance. The Licensee shall supply one (1) non-addressable Converter for each Drop and/or Outlet if required for the reception of the Basic Service. (b) 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 -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 23 and expense. The exact locations of said Drops and/or Outlets shall be designated in advance by the Issuing Authority or its designee(s). -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 24 A R T I C L E 6 P U B L I C , E D U C A T I O N A L A N D G O V E R N M E N T A L A C C E SS F A C I L I T I E S A N D S U P P O R T S e c t io n 6 .1 - P E G A C C E SS P R O G R A M M I N G The Town, or an Access Corporation designated by the Issuing Authority, 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. S e c t io n 6 .2 ± P E G A C C E SS C O R P O R A T I O N The Access Corporation shall provide services to public, educational and governmental ³3(*´$FFHVV8Vers and the Town as follows: (1) Schedule, operate and program the PEG Access Channels provided in accordance with Section 6.3 herein; (2) Manage annual funding, pursuant to Section 6.4 herein; (3) Operate and maintain a PEG Access studio, and purchase and/or lease equipment, with the funds allocated for such purposes in Section 6.4 herein; (4) Conduct training programs in the skills necessary to produce quality PEG Access programming; (5) Provide technical assistance, pre-production services, post-production services and production services to PEG Access Users, using Access Corporation staff and volunteers; (6) Establish rules, procedures and guidelines for use of the PEG Access Channels; (7) 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; and (8) Accomplish such other tasks relating to the operation, scheduling and/or management of PEG Access Channels, facilities and equipment as appropriate and necessary. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 25 S e c t io n 6 .3 - P E G A C C E SS C H A N N E L S (a) The Licensee shall make available to the Issuing Authority and/or its designee(s) three (3) full-time Downstream Channels for PEG Access Programming on the Subscriber Network. (b) The Issuing Authority and/or the 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 alpha- QXPHULF³EXOOHWLQ-ERDUG´W\SHSURJUDPPLQJ7KH,VVXLQJ$XWKRULW\VKDOOLQFOXGHSURJUDPORJV and/or other records verifying such usage during said two (2) month time period. For purposes of WKLV6HFWLRQE³DYDLODEOHFDEOHFDVWKRXUV´VKDOOPHDQWKHKRXUVRI30WR30 The Licensee shall make its best efforts to make such fourth PEG Access Channel available within ninety (90) days of the Issuing Authority confirming PEG Access channel usage as specified herein, but shall, in any case, make such fourth PEG Access Channel available to the Issuing Authority and/or the Access Corporation within one hundred and twenty (120) days of such Issuing Authority confirmation of usage. (c) Said PEG Access Channels shall be used to transmit PEG Access Programming to Subscribers, without charge to the Issuing Authority, the Town, and/or the Access Corporation shall be subject to the control and management of the Issuing Authority and/or the Access Corporation. (d) Except as required by applicable law, rule or regulation, the Licensee shall employ its best efforts to use Channels 8, 9, and 99 on the Subscriber Network as the channel locations of the PEG Access Downstream Channels. The Licensee shall not change said channel locations, without the advance, written notice to the Issuing Authority and the Access Corporation. S e c t io n 6 .4-P E G A C C E SS F U N D I N G (a) The Licensee shall provide funding for PEG Access purposes to the Issuing Authority, or if the Issuing Authority shall so designate, to the Access Corporation, equal to five percent (5%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(22) supra, payable on a quarterly basis, less applicable fees but including the .35% to be paid to the Town in accordance with Section 7.2 infra. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 26 (b) Said payments shall be made directly to the Issuing Authority, or if the Issuing Authority shall so designate in writing, to the Access Corporation on the following quarterly basis: (i) on or before May 15th of each year of this Renewal License for the previous (3) month period of January, February and March; (ii) on or before August 15th of each year of this Renewal License for the previous three (3) month period of April, May and June; (iii) on or before November 15th of each year of this Renewal License for the previous three (3) month period of July, August and September; and (iv) on or before February 15th of each year of this Renewal License for the previous three (3) month period of October, November and December. (i) The first 5% payment under this Renewal License shall be made on or before November 15, 2014 for the previous period from the Effective Date through September 30, 2014. (ii) Subsequent 5% payments under this Renewal License shall be made on the dates in paragraph (a) above. (c) 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, substantially consistent with the form attached hereto as E x h i b i t 4. If the Licensee's quarterly payments to the Issuing Authority and/or the Access Corporation were less than five percent RIWKH/LFHQVHH¶V*URVV$QQXDO5HYHQXHVIRUWKHUHSRUWLQJSHULRGWKH/LFHQVHHVKDOOSD\ any balance due to the Issuing Authority and/or the Access Corporation 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(23) supra. (d) In no case shall said five percent (5%) payment(s) include (i) the Communications Technology Funding in Section 3.2 supra. Said five percent (5%) payments shall be considered a Franchise Fee, unless otherwise provided for by applicable law. (e) In the event that the PEG Access Funding payments herein required are not tendered on or before the dates fixed in paragraph (a) above, interest due on such fee shall accrue from the date due at the rate of two percent (2%) above the Prime Rate, on the last day of business of the prior month. Any such late payments to the pursuant to this Section 6.4(d) shall not be deemed to be part of the funding to be paid to the Issuing Authority and/or the Access Corporation pursuant to this Section 6.4 and shall be within the exclusion to the term "franchise fee" for requirements incidental to enforcing the Renewal License pursuant to Section 622(g)(2)(D) of the Cable Act. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 27 S e c t io n 6 .5 - P E G A C C E SS C H A N N E L S M A I N T E N A N C E The Licensee shall monitor the PEG Access Channels for technical quality and shall ensure that they are maintained at standards commensurate with those which apply to the Cable System's commercial channels, provided, however, that the Licensee is not responsible for the production quality of PEG Access Programming production. The Issuing Authority or its designee(s) shall be responsible for the picture quality of all PEG Access Programming. S e c t io n 6 .6 - P E G A C C E SS C A B L E C A S T I N G (a) In order that the Issuing Authority and/or its designee(s) can cablecast its Programming over the PEG Access Downstream Channels, all PEG programming shall be modulated, then transmitted from the PEG Access sWXGLRWRWKH/LFHQVHH¶V&DEOH6\VWHP+HDGHQGRQXpstream bandwidth made available, without charge, to the Town and/or the Access Corporation for their use. The PEG Access studio is presently located at 1001 Main Campus Drive, Kline Hall, Lexington, MA 02421. (b) The Licensee shall provide the Issuing Authority and/or the Access Corporation with the capability to ensure that said PEG Access Programming is properly switched, either manually or electronically, to the appropriate PEG Access Downstream Channel, in an efficient and timely manner. At the Headend, said PEG Access Programming shall be retransmitted in the downstream direction on one of the PEG Access Downstream Channels. The Licensee shall not charge the Issuing Authority and/or the Access Corporation for such switching responsibility. The Licensee and the Issuing Authority shall negotiate in good faith any difficulties that arise regarding cablecasting of PEG Access Programming. (c) The Licensee shall own, maintain, repair and/or replace any Headend Signal processing equipment. The Issuing Authority, its designee(s) and/or the Access Corporation shall own, maintain, repair and/or replace studio or portable modulators and demodulators. Unless RWKHUZLVHDJUHHGWRWKHGHPDUFDWLRQSRLQWEHWZHHQWKH/LFHQVHH¶VHTXLSPHQWDQGRUWKH7RZQ¶s RU WKH $FFHVV &RUSRUDWLRQ¶V HTXLSPHQW VKDOO EH DW WKH RXWSXW RI WKH $FFHVV &RUSRUDWLRQ¶V distribution amplifier. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 28 S e c t io n 6 .7---A C C E SS C O R P O R A T I O N S T U D I O R E L O C A T I O N In order that the Issuing Authority and/or its designee(s) can cablecast PEG Access Programming over the PEG Access Downstream Channels from a relocated PEG Access studio, the Licensee shall provide Origination Capability to such relocated PEG Access studio as follows: (a) No later than August 31, 2022, the Issuing Authority may request, in writing, that the Licensee provide Origination Capability to a relocated PEG Access studio in Lexington. (b) The Licensee shall provide a written estimate of the cost of providing such Origination Capability to the Issuing Authority within forty-five (45) days of receipt of such written request from the Issuing Authority. (c) The Issuing Authority and the Licensee shall subsequently discuss such written estimate in a timely manner. If the parties agree upon a cost for such relocation costs, the Issuing Authority shall issue a written authorization to the Licensee to proceed with such relocation. (d) The Licensee shall be responsible for a total of Ten Thousand Dollars ($10,000.00) for such Origination Capability relocation costs; any relocation costs in excess of said $10,000.00 shall be paid by the Issuing Authority and/or the Access Corporation. (e) The Licensee shall construct and activate such Origination Capability to the relocated PEG Access studio within twelve (12) months of the Issuing Authority¶VZULWWHQauthorization to do so. S e c t io n 6 .8 - C E N S O R S H I P The Licensee shall not engage in any program censorship or any other control of the content of the PEG Access Programming on the Cable System, except as otherwise required or permitted by applicable law. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 29 S e c t io n 6 .9 - P E G A C C E SS P R O G R A M M I N G C O S T S There shall be no charges to the Issuing Authority, the Town, the Access Corporation and/or PEG Access Users for use of the PEG Access Channels and/or services required herein. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 30 A R T I C L E 7 L I C E N S E F E E S S e c t io n 7 .1 - L I C E N S E F E E P A Y M E N T S (a) The Licensee shall pay to the Town, throughout the term of the Renewal License, an annual License Fee in the amount of fifty cents ($.50) per Subscriber per year, or such other amount as may be permitted by applicable law(s). Said License Fee payment shall be made to the Town on or before March 15th of each year of the Renewal License. (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 Technology Initiatives Funding pursuant to Section 7.2 below; (ii) PEG Access Funding pursuant to Section 6.4 supra and (iii) any License Fees that may be payable to the Town, the State and/or the FCC; provided however, that said five percent 5% shall not include the following: (i) the Communications Technology Funding pursuant to Section 3.2 supra; (ii) the $10,000.00 for Origination Capability relocation costs pursuant to Section 6.7 supra; (iii) any interest due herein to the Town because of late payments; (iv) the costs related to any liquidated damages pursuant to Section 11.2 infra; and (v) any payments, expenses, or replenishment of the Performance Bond made to cure any deficiencies and/or to reimburse the Town. (c) In the event that the License Fees required herein are not tendered on or before the dates fixed in paragraph (a) above, interest due on such fee shall accrue from the date due at rate of two percent (2%) above the Prime Rate. Any payments to the Town pursuant to this Section 7.1 shall not be deemed to be part of the License Fees to be paid to the Town pursuant to Section 7.1 and shall be within the exclusion to the term "franchise fee" for requirements incidental to enforcing the Renewal License pursuant to §622(g)(2)(D) of the Cable Act. S e c t io n 7 .2 - T E C H N O L O G Y I N I T I A T I V E S F U N D I N G The Licensee shall provide funding to the Issuing Authority for technology initiatives equal to thirty-five hundredths of one percent (0.35%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(22) supra, payable on the same quarterly basis as that required in Section -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 31 6.4(b) supra. Said 0.35% funding shall be included in the 5% funding provided pursuant to Section 6.4(a) supra and shall not be in addition to said 5%. S e c t io n 7 .3---R E C O M P U T A T I O N (a) Tender or acceptance of any payment shall not be construed as an accord that the amount paid pursuant to this Renewal License is correct, nor shall such acceptance of payment be construed as a release of any claim that the Issuing Authority may have, including interest, pursuant to Section 6.4 and/or Section 7.1 supra. All amounts paid shall be subject to audit and recomputation by the Issuing Authority, which shall be based on the Licensee's fiscal year and shall occur in no event later than two (2) years after the License Fees are 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 thirty (30) 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 payment(s). Upon reasonable written notice, the Issuing Authority shall have the right to inspect any records relating to Gross Annual Revenues, as defined herein, in order to establish the accuracy of any payments to the Issuing Authority tendered hereunder. (c) 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 interest on such additional fee shall be charged from the due date at the Prime Rate during the period that such additional amount is owed. If, after such audit and recomputation, the Licensee has overpaid, such overpayment shall be credited against the next required PEG Access payment to the Issuing Authority, without interest charges of any kind. S e c t io n 7 .4 - O T H E R P A Y M E N T O B L I G A T I O N S A N D E X C L U S I O N S (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 -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 32 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) In accordance with Section 622(h) of the Cable Act, nothing in the Cable Act or the Renewal License shall be construed to limit any authority of the Issuing Authority to impose a tax, fee or other assessment of any kind on any Person (other than the Licensee) with respect to Cable Service or other communications Service provided by such Person over the Cable System for which charges are assessed to Subscribers but not received by the Licensee. For any twelve (12) month period, the fees paid by such Person with respect to any such Cable Service or any other communications Service shall not exceed five percent (5%) of such Person's gross revenues derived in such period from the provision of such service over the System. S e c t io n 7 .5 - A F F I L I A T E S U S E O F S Y S T E M Use of the Cable System by Affiliates shall be in compliance with applicable State and/or federal laws, and shall not detract from Services provided to Lexington. S e c t io n 7 .6 - M E T H O D O F P A Y M E N T All payments by the Licensee to the Town pursuant to the Renewal License shall be made payable to the Town. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 33 A R T I C L E 8 R A T E S A N D C H A R G E S S e c t io n 8 .1 - R A T E R E G U L A T I O N The Town 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. S e c t io n 8 .2 - N O T I F I C A T I O N O F R A T E S A N D C H A R G E S (a) In accordance with applicable law, the Licensee shall file with the Issuing Authority schedules which shall describe all Services offered by the Licensee, all rates and charges of any kind, and all terms or conditions relating thereto. Thirty (30) days prior to changing one of its policies and/or practices regarding equipment, the Licensee shall notify, in writing, the Cable Division, the Issuing Authority and all affected Subscribers of the change, including a description of the changed policy and/or practice, in a typeface that can be easily read and understood by Subscribers. (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 E x h i b i t 5. S e c t io n 8 .3 - P U B L I C A T I O N A N D N O N -D I S C R I M I N A T I O N All rates for Subscriber services shall be published. A written schedule of all rates shall be available upon request during business hours at the Licensee's business office. Nothing in the 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 34 S e c t io n 8 .4 - C R E D I T F O R S E R V I C E I N T E R R U P T I O N Pursuant to M.G.L. 166A §5 (c), in the event that Service to any Subscriber is interrupted for twenty four (24) or more consecutive hours, the Licensee shall grant such Subscriber a pro-rata credit or rebate. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 35 A R T I C L E 9 I N S U R A N C E A N D B O N D S S e c t io n 9 .1 - I N S U R A N C E At all times during the term of the Renewal License, including the time for removal of facilities provided for herein, the Licensee shall obtain, pay all premiums for, and, upon written request, file with the Issuing Authority, copies of the certificates of insurance for the following policies: (1) A general comprehensive liability policy naming the Town, its officers, boards, commissions, agents and employees as additional 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. (2) A property damage insurance policy naming the Town, its officers, boards, commissions, agents and employees as additional 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 ($1,000,000.00) 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. (3) Automobile liability insurance for owned automobiles and trucks, non-owned automobiles and trucks and/or rented automobiles and trucks in the amount of: (a) One Million Dollars ($1,000,000.00) for bodily injury and consequent death per occurrence; (b) One Million Dollars ($1,000,000.00) for bodily injury and consequent death to any one person; an (c) Five Hundred Thousand Dollars ($500,000.00) for property damage per occurrence. (4) Worker's Compensation in the minimum amount of the statutory limit. (5) The following conditions shall apply to the insurance policies required herein: (a) Such insurance shall commence no later than the Effective Date of this Renewal License. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 36 (b) 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. (c) Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in the State. (d) The Licensee's failure to obtain to procure or maintain the required insurance shall constitute a material breach of the Renewal License under which the Town may immediately suspend operations under the Renewal License. S e c t io n 9 .2 - P E R F O R M A N C E B O N D (a) The Licensee shall maintain at its sole cost and expense throughout the term of the Renewal License, including the time for removal of all of the facilities provided for herein, 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 the 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 the 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 the Renewal License, and thereafter until the Licensee has satisfied all of its obligations to the Town that may have arisen from the grant of the 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, nor any bond accepted pursuant thereto, nor any damages recovered thereunder shall limit the liability of the Licensee under the Renewal License. S e c t io n 9 .3 - R E P O R T I N G 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 (i) all insurance policies as required herein, and (ii) the performance bond as required herein. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 37 S e c t io n 9 .4 ± I N D E M N I F I C A T I O N The Licensee shall, at its sole cost and expense, indemnify and hold harmless the Issuing Authority, the Town, its officials, boards, commissions, committees, 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 removal of the Cable Television System under the Renewal License, including without limitation, damage to Persons or property, both 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 costs incurred up to such time that the Licensee assumes defense of any action hereunder. The Issuing Authority shall give the Licensee written notice of its obligation to indemnify and defend the Issuing Authority within ten (10) business days of receipt of a claim or action pursuant to this section. S e c t io n 9 .5 - N O T I C E O F C A N C E L L A T I O N O R R E D U C T I O N O F C O V E R A G E (a) The insurance policies and performance bond required herein shall each contain an explicit endorsement stating that such insurance policies, and performance bond are intended to cover the liability assumed by the Licensee under the terms of the Renewal License and shall contain the following endorsement: It is hereby understood and agreed that this policy (or performance 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 38 A R T I C L E 10 A D M I N I S T R A T I O N A N D R E G U L A T I O N S e c t io n 10.1 - R E G U L A T O R Y A U T H O R I T Y 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. S e c t io n 10.2 - P E R F O R M A N C E E V A L U A T I O N H E A R I N G S (a) The Issuing Authority may hold a performance evaluation hearing in each year of the Renewal License, conducted by the Issuing Authority and/or its designee(s). 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 the Renewal License, with emphasis on PEG Access Channels, facilities and support, customer service and Complaint response and (ii) hear comments, suggestions and/or Complaints from the public. (b) The Issuing Authority and/or its designees shall have the right to question the Licensee on any aspect of the 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 such comments shall be duly considered by the Issuing Authority. (c) Within sixty (60) days after the conclusion of such review hearing(s), the Issuing Authority and/or its designee(s) shall issue a written report with respect to the /LFHQVHH¶VFRPSOLDQFHZLWK the Renewal License, and send one (1) copy to the Licensee and file one (1) copy with the Town Clerk's Office. If noncompliance is found which could result in a violation of any of the provisions of the Renewal License, the Licensee shall respond and propose a plan for implementing any changes or improvements necessary, pursuant to Section 11.1 infra. Said -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 39 UHSRUWVKDOOUHSRUWRQWKH/LFHQVHH¶VFRPSOLDQFHWRWKHWHUPVDQGFRQGLWLRQVRIWKLV5HQHZDO License, as well. S e c t io n 10.3 - N O N D I S C R I M I N A T I O N 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 the Renewal License. This Section 10.3 shall not affect the right of the Licensee to offer discounts. S e c t io n 10.4 - E M E R G E N C Y R E M O V A L O F P L A N T 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 designee(s), 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 without charges or costs to the Issuing Authority, the Town and/or its designee(s). S e c t io n 10.5 - R E M O V A L A N D R E L O C A T I O N 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 the cost and expense of such removal within thirty (30) days of submission of a bill thereof. S e c t io n 10.6 - J U R I S D I C T I O N /V E N U E 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 the instrument subject themselves to the personal jurisdiction of said court for the entry of any such judgment and for the resolution of any dispute, action, or suit. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 40 A R T I C L E 11 D E T E R M I N A T I O N O F B R E A C H /L I Q U I D A T E D D A M A G E S/ L I C E N S E R E V O C A T I O N S e c t io n 11.1 - D E T E R M I N A T I O N O F B R E A C H 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 the 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 twenty-one (21) 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 said public hearing, the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License. In the event that the Issuing Authority, after such hearings, determines that 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 the Renewal License that reasonably lends itself to such remedy as an alternative to damages; -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 41 (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; (iv) Foreclose on all or any appropriate part of the security provided pursuant to Sections 9.2 and 9.3 herein; (v) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town. S e c t io n 11.2 - L I Q U I D A T E D D A M A G E S (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. (1) 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. (2) For failure to obtain the advance, written approval of the Issuing Authority for any transfer of the Renewal License in accordance with Section 2.6 herein, Three Hundred Dollars ($300.00) per day, for each day that any such non-compliance continues. (3) For failure to comply with the PEG Access provisions in accordance with the timelines in Article 6 herein, Three Hundred Dollars ($300.00) per day, for each day that any such non-compliance continues. (4) For failure to comply with the technical standards, pursuant to Section 3.5 herein and E x h i b i t 1 attached hereto, Two Hundred Dollars ($200.00) per day, for each day that any such non-compliance continues. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 42 (5) For failure to comply with the FCC's Customer Service Obligations in accordance with Section 12.5 infra, and E x h i b i t 6 attached hereto, One Hundred Dollars ($100.00) per day that any such non-compliance continues. (6) For failure to provide, install and/or fully activate the Subscriber Network Drops and/or Outlets in accordance with Section 5.7 herein and/or E x h i b i t 3, One Hundred Dollars ($100.00) per day that any of such Drops and/or Outlets are not provided, installed and/or activated 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. S e c t io n 11.3 - R E V O C A T I O N O F T H E R E N E W A L L I C E N S E To the extent permitted by applicable law, and in accordance with the provisions in Section 11.1 supra, in the event that the Licensee fails to comply with any material provision of the Renewal License, the Issuing Authority may revoke the Renewal License granted herein. S e c t io n 11.4 - T E R M I N A T I O N The termination of the Renewal License and the Licensee's rights herein shall become effective upon the earliest to occur of: (i) the revocation of the Renewal License by action of the Issuing Authority, pursuant to Section 11.1 and 11.3 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 the Renewal License. In the event of any termination, the Town shall have all of the rights provided in the Renewal License unless the -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 43 Licensee is otherwise permitted to continue operating the Cable System pursuant to applicable law(s). S e c t io n 11.5 - N O T I C E T O T O W N O F L E G A L A C T I O N In the event that the Town or 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 Town 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) discuss the issue, which is the subject of any proposed legal action, in good faith with the other party. S e c t io n 11.6 - N O N -E X C L U S I V I T Y O F R E M E D Y No decision by the Issuing Authority or the Town to invoke any remedy under the Renewal License or under any statute, law or by-law shall preclude the availability of any other such remedy. S e c t io n 11.7 - N O W A I V E R -C U M U L A T I V E R E M E D I E S (a) No failure on the part of the Town to exercise, and no delay in exercising, any right in the 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 the Renewal License. (b) The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in the Renewal License shall impair any of the rights of the Town under applicable law, subject in each case to the terms and conditions in the Renewal License. (c) No waiver of, nor failure to exercise any right or remedy by the Issuing Authority, the Town or the Licensee at any one time shall affect the exercise of such right or remedy or any other right or remedy by the Town at any other time. In order for any waiver of the Issuing Authority, Town or the Licensee to be effective, it shall be in writing. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 44 (d) The failure of the Issuing Authority or the Town to take any action in the event of any breach by the Licensee shall not be deemed or construed to constitute a waiver of or otherwise affect the right of the Issuing Authority or the Town 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 45 A R T I C L E 12 S U B S C R I B E R R I G H T S A N D C O N S U M E R P R O T E C T I O N Se c t i on 12.1²P A Y M E N T C E N T E R At all times during this Renewal License, the Licensee shall make reasonable efforts to provide for a payment location, either third party or Licensee-managed, that is convenient to Lexington Subscribers for the payment of bills. S e c t io n 12.2 - T E L E P H O N E A C C E SS (a) The Licensee shall maintain sufficient customer service representatives to answer all Subscriber calls, in compliance with the FCC's Customer Service Obligations at 47 C.F.R. §76.309, attached hereto as E x h i b i t 6, during Normal Business Hours, as defined therein. (b) The Licensee's main customer service office(s) shall have a publicly listed toll-free telephone number for Lexington subscribers. (c) Pursuant to 47 C.F.R. §76.309(c)(1)(B), under Normal Operating Conditions, as defined, telephone answer time by a customer service 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. Said standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. (d) A Subscriber shall receive a busy signal less than three (3%) of the time, measured on a quarterly basis, under normal operating conditions. (e) The Licensee shall 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. S e c t io n 12.3 - C U S T O M E R S E R V I C E C A L L C E N T E R (a) The Licensee shall maintain and operate a customer service call center twenty-four (24) hours a day, seven (7) days a week, including holidays. The Licensee reserves the right to modify its business operations with regard to such customer service call center. The Licensee shall -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 46 comply with all State and federal requirements pertaining to the hours of operation of such customer service call center. (b) In the event that the Licensee does not maintain and operate its customer service call centers twenty-four (24) hours a day, seven (7) days a week, the Licensee shall maintain a telephone answering service to handle Subscriber inquiries, complaints and emergencies, and provide proper referral regarding billing and other subscriber information. All such after-hours calls shall be logged by the Licensee. Said answering service shall (i) forward all inquiries and/or complaints to the Licensee the morning of the next business day and (ii) inform each Subscriber calling that his or her complaint will be referred to the Licensee's Customer Service Department for response. If requested, or reasonably warranted by the reported nature of the Subscriber's problem or inquiry, the Licensee shall promptly contact each individual Subscriber to follow-up on their individual problem and/or inquiry. S e c t io n 12.4 - I N S T A L L A T I O N V I S I T S-S E R V I C E C A L L S-R E S P O N S E T I M E (a) Pursuant to applicable law, the Licensee shall provide Cable Service(s), for new aerial installations, to Lexington residents who request Service within seven (7) days of said request, or at such time as is mutually agreed-upon by the Licensee and said Subscriber. Underground installations shall be completed as expeditiously as possible, weather permitting. In arranging appointments for installation visits or service calls, the Licensee shall specify in advance whether said installation visit or service call will occur in the morning or afternoon, or during a more narrow time interval if possible. The Licensee shall also make reasonable efforts to install or make service visits at times convenient to Subscribers, including times other than 9:00am to 5:00pm weekdays. (b) For all requests for service or repair received during Normal Business Hours, the Licensee shall handle them 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. (c) A Subscriber Complaint or request for service received after Normal Business Hours, pursuant to Section 12.2 above, shall be acted upon the next business day. (d) The Licensee shall ensure that there are stand-by technicians on-call at all times after Normal Business Hours. The answering service shall be required to notify the stand-by -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 47 technician(s) of (i) 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. (e) System outages shall be responded to promptly by technical personnel. For purposes of this Section 12.4(e), an outage shall be considered to occur when three (3) or more calls are received from any one neighborhood within one (1) hour, concerning such an outage, or when the Licensee has reason to know of such an outage. (f) The Licensee shall remove all Subscriber Drop Cables, within fourteen (14) working days of receiving a request from a Subscriber to do so. S e c t io n 12.5 - F C C C U S T O M E R S E R V I C E O B L I G A T I O N S The Licensee shall comply with the FCC's Customer Service Obligations, as the same may exist or as may be amended from time to time, codified at 47 U.S.C. Section 76, which standards are attached hereto, and made a part hereof, as E x h i b i t 6. S e c t io n 12.6 - B U S I N E SS P R A C T I C E S T A N D A R D S The Licensee shall provide the Issuing Authority, the Commission and all of its Subscribers, the following information in accordance with 207 CMR 10.00 et seq., attached hereto as E x h i b i t 5 and made a part hereof, as the same may exist or as may be amended from time to time: (i) Billing Practices Notice; (ii) Services, Rates and Charges Notice; (iii) Form of Bill; (iv) Advance Billing and Issuance of Bills; (v) Billing Due Dates, Delinquency, Late Charges and Termination of Service; (vi) Charges for Disconnection or Downgrading of Service; (vii) Billing Disputes; and (viii) Security Deposits. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 48 S e c t io n 12.7 - C O M P L A I N T R E S O L U T I O N P R O C E D U R E S (a) The Licensee shall establish a procedure for resolution of Complaints by Subscribers. (b) Upon reasonable notice, the Licensee shall 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 designee(s), 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 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 designee(s), who shall have primary responsibility for the continuing administration of the Renewal License and the implementation of Complaint procedures. Thereafter, if the Subscriber wishes to participate in further processing of the Complaint, the Subscriber shall meet jointly in Lexington with the Issuing Authority or its designee(s) and a representative of the Licensee, within thirty (30) days of the Subscriber's filing of his or her Complaint, in order to fully discuss and attempt to resolve such matter. (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 Complaints or disputes brought by Subscribers arising from the operations of the Licensee. S e c t io n 12.8 - R E M O T E C O N T R O L A N D C O N V E R T E R D E V I C E S Pursuant to applicable and federal law, the Licensee shall allow its Subscribers to purchase, from legal and authorized parties other than the Licensee, own, utilize and program remote control and/or converter 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 and/or converter devices acquired by Subscribers. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 49 S e c t io n 12.9 - L O SS O F S E R V I C E -S I G N A L Q U A L I T Y 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 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. S e c t io n 12.10 - E M P L O Y E E I D E N T I F I C A T I O N C A R D S All of the Licensee's employees entering, or seeking entrance, 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 present or wear an employee identification card issued by the Licensee and bearing a picture of said employee. S e c t io n 12.11 - P R O T E C T I O N O F S U B S C R I B E R P R I V A C Y (a) The Licensee shall respect the rights of privacy of every Subscriber and/or User 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 the policy. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 50 S e c t io n 12.12 - P R I V A C Y W R I T T E N N O T I C E 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. S e c t io n 12.13 - M O N I T O R I N G (a) Unless otherwise required by court order, 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 or User; 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 or User 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. S e c t io n 12.14 - D I S T R I B U T I O N O F S U B S C R I B E R I N F O R M A T I O N (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: -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 51 (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 License, or (ii) the nature of the transaction made by the Subscriber over the Cable System. S e c t io n 12.15 - I N F O R M A T I O N W I T H R E SP E C T T O V I E W I N G H A B I T S A N D S U B S C R I P T I O N D E C I S I O N S 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 notify the Subscriber as soon as practicable, unless such notification is otherwise prohibited by applicable law or the court. S e c t io n 12.16 - S U B S C R I B E R 'S R I G H T T O I N SP E C T A N D V E R I F Y I N F O R M A T I O N (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 or User 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 52 S e c t io n 12.17 - P R I V A C Y S T A N D A R D S R E V I E W The Issuing Authority and the Licensee shall continually review this Article 12 to determine that it effectively addresses appropriate concerns about privacy. The Article may be amended periodically by agreement of the Issuing Authority and the Licensee. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 53 A R T I C L E 13 R E P O R T S, A U D I T S A N D P E R F O R M A N C E T E S T S S e c t io n 13.1 - G E N E R A L (a) Upon the written request of the Issuing Authority, the Licensee shall promptly submit to the Town any information which may be reasonably required to establish the Licensee's compliance with its obligations pursuant to the 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. In the event of a disagreement, the parties shall submit the matter to the appropriate appellate entity. S e c t io n 13.2 - F I N A N C I A L R E P O R T S (a) No later than one hundred twenty (120) days after the end of the Licensee's fiscal year, the Licensee shall furnish the Issuing Authority and/or its designee(s) with Cable Division Forms 200 showing a balance sheet sworn to by the Licensee's Chief Financial Officer. Said forms shall contain such financial information as required by applicable law. (b) The Licensee shall provide any other reports required by State and/or federal law. S e c t io n 13.3 - C A B L E S Y S T E M I N F O R M A T I O N In accordance with applicable law, the Licensee shall file annually with the Issuing Authority, a statistical summary of the operations of the Cable System. Said report shall include (i) the number of Basic Service Subscribers, (ii) the number of dwelling units passed and (iii) the number of plant miles completed. S e c t io n 13.4 - I N -H O U S E T E L E P H O N E R E P O R T S To establish the Licensee's compliance with the requirements of Sections 12.2 and 12.5 of this Renewal License, the Licensee shall provide to the Issuing Authority, upon written request of the Issuing Authority on a semi-annual basis, a report of regional telephone traffic, generated from an -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 54 in-house automated call accounting or call tracking system, covering Subscriber calls to the Licensee. Said reports shall include the following information and any other information that may be required by applicable law(s): (i) confirmation that, 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 (which standard shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis); and (ii) confirmation that, under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. S e c t io n 13.5 - S U B S C R I B E R C O M P L A I N T R E P O R T The Licensee shall submit a completed copy of Cable Division Form 500, attached hereto as E x h i b i t 7, to the Issuing Authority, or its designee, as required by the Cable Division. S e c t io n 13.6 - I N D I V I D U A L C O M P L A I N T R E P O R T S Subject to Section 12.7 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. S e c t io n 13.7 - S E M I -A N N U A L P E R F O R M A N C E T E S T S As required by applicable law(s) and/or regulation(s), the Licensee shall provide copies of performance tests to the Issuing Authority in accordance with FCC regulations, as set out in 47 C.F.R. §76.601 et seq. S e c t io n 13.8 - Q U A L I T Y O F S E R V I C E (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 the Subscriber Network, 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 Issuing Authority shall cite facts upon which such doubts are based, in a written notice to the Licensee. The Licensee shall fully -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 55 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: (1) the nature of the complaint or problem that precipitated the special tests; (2) the system component tested; (3) the equipment used and procedures employed in testing; (4) the method, if any, in which such complaint/problem was resolved; and (5) 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 applicable 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 applicable standards set forth in E x h i b i t 1, attached hereto. S e c t io n 13.9 - D U A L F I L I N G S 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, VXEMHFWWR6HFWLRQDERYHDQGXSRQWKHRWKHUSDUW\¶VZULWWHQUHTXHVWVKDOOPDNHDYDLODEOHDW its own expense to the other party copies of any such petitions, communications or requests. S e c t io n 13.10 - I N V E S T I G A T I O N Subject to applicable law and regulation, 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 56 A R T I C L E 14 E M P L O Y M E N T S e c t io n 14.1 - E Q U A L E M P L O Y M E N T O P P O R T U N I T Y The Licensee is an Equal Opportunity Employer and shall comply with all applicable laws and regulations with respect to Equal Employment Opportunities. S e c t io n 14.2 - N O N -D I S C R I M I N A T I O N The Licensee shall adhere to all federal and State laws prohibiting discrimination in employment practices. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 57 A R T I C L E 15 M I S C E L L A N E O U S P R O V I S I O N S S e c t io n 15.1 - E N T I R E A G R E E M E N T 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. S e c t io n 15.2 - C A P T I O N S The captions to sections throughout the Renewal License are intended solely to facilitate reading and reference to the sections and provisions of the Renewal License. Such captions shall not affect the meaning or interpretation of the Renewal License. S e c t io n 15.3 - S E P A R A B I L I T Y If any section, sentence, paragraph, term or provision of the 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 effect 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 the Renewal License. S e c t io n 15.4 - A C T S O R O M I SS I O N S O F A F F I L I A T E S During the term of the 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. S e c t io n 15.5 - R E N E W A L L I C E N S E E X H I B I T S The Exhibits to the Renewal License, attached hereto, and all portions thereof, are incorporated herein by the reference and expressly made a part of the Renewal License. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 58 S e c t io n 15.6 - W A R R A N T I E S The Licensee warrants, represents and acknowledges that, as of the Effective Date of the Renewal License: (i) The Licensee is duly organized, validly existing and in good standing under the laws of the State; (ii) 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 Execution Date of the Renewal License, to enter into and legally bind the Licensee to the Renewal License and to take all actions necessary to perform all of its obligations pursuant to the Renewal License; (iii) The Renewal License is enforceable against the Licensee in accordance with the provisions herein, subject to applicable State and federal law; (iv) There are no actions or proceedings pending or threatened against the Licensee that would interfere with its performance of the Renewal License; and (v) Pursuant to Section 625(f) of the Cable Act, the performance of all terms and conditions in the Renewal License is commercially practicable. S e c t io n 15.7 - F O R C E M A J E U R E If by reason of force majeure either 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 majeure" 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 59 S e c t io n 15.8 - R E M O V A L O F A N T E N N A S The Licensee shall not remove any television antenna of any Subscriber but shall make available to said Subscriber an adequate switching device to allow said Subscriber to choose between cable and non-cable television reception. S e c t io n 15.9---S U B S C R I B E R T E L E V I S I O N S E T S Pursuant to M.G.L. Chapter 166A, 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. S e c t io n 15.10---A P P L I C A B I L I T Y O F R E N E W A L L I C E N S E All of the provisions in the Renewal License shall apply to the Town, the Licensee, and their respective successors and assignees. S e c t io n 15.11---N O T I C E S (a) Every notice to be served upon the Issuing Authority shall be delivered, or sent by certified mail (postage prepaid), or by overnight carrier to the Board of Selectmen, Town of Lexington, Town Offices Building, 1625 Massachusetts Avenue, Lexington, Massachusetts 02420-3893, with one (1) copy to the Town Counsel, and one (1) copy to the CAC at the same address, or such other address(es) as the Issuing Authority or its designee may specify in writing to the Licensee. The delivery shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of mailing. (b) Every notice served upon the Licensee shall be delivered or sent by certified mail (postage prepaid) by or overnight carrier to: Comcast Cable Communications, Inc. Attn: Government & Regulatory Affairs 55 Concord Street North Reading, MA 01864 with copies to: Comcast Cable Communications, Inc. Attn: Vice President, Government Relations 676 Island Pond Road Manchester, NH 03109 -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 60 Comcast Cable Communications, Inc. Attn: Government Affairs Comcast Center 1701 John F. Kennedy Boulevard Philadelphia, PA 19103-2838 The delivery shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of mailing. (c) Whenever notice of any public hearing relating to the Cable System is required by law, regulation or the Renewal License, the Licensee shall publish notice of the same, sufficient to identify its time, place and purpose, in an Lexington newspaper of general circulation once in each of two (2) successive weeks, the first publication being not less than fourteen (14) days before the day of any such hearing. (d) Subject to subsection (d) above, all required notices shall be in writing. S e c t io n 15.12 - N O R E C O U R S E A G A I N S T T H E I SS U I N G A U T H O R I T Y In accordance with Section 635A(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 the Renewal License or because of enforcement of the Renewal License. S e c t io n 15.13 - T O W N 'S R I G H T O F I N T E R V E N T I O N The Town hereby reserves to itself, and the Licensee acknowledges the Town's right as authorized by applicable law or regulation, to intervene in any suit, action or proceeding involving the Renewal License, or any provision in the Renewal License. S e c t io n 15.14 - T E R M All obligations of the Licensee and the Issuing Authority set forth in the Renewal License shall commence upon the Effective Date of the Renewal License and shall continue for the term of the Renewal License except as expressly provided for otherwise herein. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 61 E X H I B I T S -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 62 E X H I B I T 1 F C C T E C H N I C A L SP E C I F I C A T I O N S TITLE 47²TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE § 76.605 T e c h n i c a l st a n d a r ds. (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 M Hz. 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 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, e tc.); and (iii) A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 63 (5) The rms 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 ca rrier 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 nanosec onds. (ii) The differential gain for the color subcarrier 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%. (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 O 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: -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 64 ------------------------------------------------------------------------------------------------- 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 20 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. N o t e 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. N o t e 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. N o t e 3 : The requirements of this section shall not apply to devices subject to the provisions of §§ 15.601 through 15.626. N o t e 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. N o t e 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. N o t e 6 : 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] -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 65 E X H I B I T 2 P R O G R A M M I N G The Licensee shall provide the following broad categories of Programming: + News Programming; + Sports Programming; + Public Affairs Programming; + Children's Programming; + Entertainment Programming; and + Local PEG Access Programming. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 66 E X H I B I T 3 F R E E D R O PS A N D S E R V I C E T O P U B L I C B U I L D I N G S A N D S C H O O L S Pursuant to Section 5.6 supra, the following public buildings and schools shall receive a Drop, Outlet and monthly Basic Cable 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) Hayden Recreation Center: 24 Lincoln Street (16) National Guard Amory: 459 Bedford Street (17) DPW Administration Building: 1557 Massachusetts Avenue (18) School Administration Building: 146 Maple Street (19) Clarke School: 17 Stedman Road (20) Diamond Middle School: 99 Hancock Street (21) Bowman School: 9 Phillips Road (22) Bridge School: 55 Middleby Road (23) Estabrook School: 117 Grove Street (24) Fiske Elementary School: 55 Adams Street (25) Harrington Elementary School: 328 Lowell Street (26) Minuteman Regional Vocational School: 758 Marrett Road (27) 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 (28) Hastings School: 7 Crosby Road -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 67 E X H I B I T 4 G R O SS A N N U A L R E V E N U E S R E P O R T I N G F O R M (See Attached) -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 69 E X H I B I T 5 207 C M R 10.00 10.01 : B i l l i ng P r a c t i ces N o t i c e (1) 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. (2) A copy of the cable television operator's billing practices notice, work order and sample subscriber bill shall be filed by March 15th 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. (3) 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. (4) Statements about billing practices in work orders, marketing, materials and other documents shall be consistent with the billing practices notice. 10.02 : Se r v i c es , R a t es a n d C h a r ges N ot i c e (1) The cable television operator shall give notice of its services, rates and charges to potential subscribers before a subscription agreement is reached. (2) 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. (3) Every cable television operator shall fully disclose in writing all of its programming services and rates, upon request from a subscriber. (4) 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. (5) 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. (6) 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. (7) 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 : F o r m of B i l l (1) The bill shall contain the following information in clear, concise and understandable language and format: (a) 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 RUFRPSODLQWVDERXWWKHELOORUWRREWDLQDGHVFULSWLRQRIWKHVXEVFULEHU¶V rights under 207 CMR 10.07 in the event of a billing dispute; (b) the period of time over which each chargeable service is billed including prorated periods as a result of establishment and termination of service; (c) the dates on which individually chargeable services were rendered or any applicable credits were applied; (d) 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; -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 70 (e) the amount of the bill for the current billing period, separate from any prior balance due; (f) The date on which payment is due from the subscriber. (2) Cable operators may identify as a separate line item of each regular subscriber bill the following: (a) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to whom the fee is paid; (b) 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; (c) 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. (3) 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. 10.04 : A d v a n c e B i l l i n g a n d I ss u a n c e of B i l l (1) 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. (2) A cable subscriber may voluntarily offer and a cable operator may accept advance payments for periods greater than two months. (3) 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 : B i l l i ng D u e D a t es, D e l i n q u e n c y , L a t e C h a r ges a n d T e r m i n a t i on o f Se r v i c e (1) 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. (2) A subscriber account shall not be considered delinquent unless payment has not been r eceived by the company at least 30 days after the bill due date. (3) The following provisions shall apply to the imposition of late charges on subscribers: (a) 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. (b) A charge of not more than 5 percent of the balance due may be imposed as a one-time late charge. (c) No late charge may be assessed on the amount of a bill in dispute. (4) 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. A notice of termination shall not be mailed to subscribers until after the date of delinquency. (5) 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. (6) Any charge for returned checks shall be reasonably related to the costs incurred by the cable company in processing such checks. 10.06 : C h a r ges f o r D i scon n e c t i on o r D ow n g r a d i n g o f S e r v i c e (1) 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) A subscriber requests total disconnection from cable service; or (b) 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. (2) 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. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 71 10.07 : B i l l i ng D is p u t es (1) 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. (2) The subscriber shall forfeit any rights under 207 CMR 10.07 if he or she fails to pay the undisputed balance within 30 days. (3) 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 CMR 10.07(4). (4) The subscriber or the cable television operator may petition the Commission to resolve di sputed matters within 30 days of any final action. Final action under 207 CMR 10.07(3) shall be deemed to have occurred 30 days after the filing of a complaint. (5) Upon receipt of a petition, the Commission may proceed to resolve the dispute if all parties a gree to submit the GLVSXWHWRWKH&RPPLVVLRQDQGEHERXQGE\WKH&RPPLVVLRQ¶VGHFLVLRQDQGWKH&RPPLVVLRQREWDLQVDVWDWHPHQW 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 : Se c u r i t y D e p os i ts (1) 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. (2) The cable operator shall pay interest to the cable subscriber at a rate of 7% per year for any depos it 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 VXEVFULEHU¶VDFFRXQW (3) 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 subscrLEHU¶VDFFRXQW -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 72 E X H I B I T 6 F C C C U S T O M E R S E R V I C E O B L I G A T I O N S TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION PART 76--CABLE TELEVISION SERVICE Subpart H--General Operating Requirements Sec. 76.309 C us tom e r S e r v i c e O b l i ga t i ons (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 requireme nts 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-- (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. (B) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. (iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis: (i) Standard installations will be performed within seven (7) business days after an order has been placed. ³6WDQGDUG LQVWDOODWLRQVDUHWKRVHWKDWDUHORFDWHGXSWRIHHWIURPWKHHxisting distribution system. LL([FOXGLQJFRQGLWLRQVEH\RQGWKHFRQWURORIWKHRSHUDWRUWKHFDEOHRSHUDWRUZLOOEHJLQZRUNLQJRQ³VHUYLFH interruptions'' promptly and in no event later than 24 hours after the interruption becomes Known. The cable op erator must begin actions to correct other service problems the next business day after notification of the service problem. LLL7KH³DSSRLQWPHQWZLQGRZ DOWHUQDWLYHVIRULQVWDOODWLRQVVHUYLFHFDOOVDQGRWKHULQVWDOODWLRQDFWLYLWLHVZLOOEH 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.) -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 73 (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time 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 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 c hannel 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 the change is within the control of the cable operator. In addition, the cable operator shall notify subscriber s 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--7KHWHUP³QRUPDOEXVLQHVVKRXUV PHDQVWKRVHKRXUVGXULQJZKLFKPRVWsimilar EXVLQHVVHVLQWKHFRPPXQLW\DUHRSHQWRVHUYHFXVWRPHUV,QDOOFDVHV³QRUPDOEXVLQHVVKRXUV PXVWLQFOXGHVRPH evening hours at least one night per week and/or some weekend hours. (ii) Normal operating conditions--7KHWHUP³QRUPDORSHUDWLQJconditions'' means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (iii) Service interruption--7KHWHUP³VHUYLFHLQWHUUXSWLRQ PHDQVWKHORVVRISLFWXUHRUVRXQGRQRQHRUPRUHFDEOH channels. -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 74 E X H I B I T 7 C A B L E D I V I S I O N F O R M 500 (Se e A t t a c h ed) -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 75 -Town of Lexington Cable Television Renewal License- September 1, 2014 ± August 31, 2024 76 S I G N A T U R E P A G E In Witness Whereof, this Cable Television 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 the Licensee, this 25th day of August, 2014. T O W N O F L E X I N G T O N By: Board of Selectmen, as Issuing Authority __________________________________ Chairperson __________________________________ Selectmen __________________________________ Selectmen __________________________________ Selectmen __________________________________ Selectmen Comcast of Massachusetts III, Inc. By: _________________________ Stephen L. Hackley Regional Senior Vice-President Greater Boston Region Memo to: Lexington Board of Selectmen Lexington Town Manager From: Lexington Center Committee Date: August 21, 2014 Re: 21 Muzzey Street CB District Development Proposal The Center Committee has reviewed the above‐referenced proposal and discussed it during three consecutive meetings. The Committee is generally supportive of the architectural concept and the extension of uses which will promote activity in this location. However, the Committee has serious concerns about the increased demand for parking which the project will create, and the relief that the project owner seeks through the special permit process. We believe the project will have a significant impact on parking availability for other Center businesses and activities, and we are concerned that allowing this applicant to provide zero parking spaces creates a precedent that may not be beneficial to the Center. The Center Committee is also concerned that the parking relief that is being requested has a greater value than the current negotiation suggests. The mitigation payments that are suggested represent, in our view, a subsidy by the Town to this development. The Center Committee respectfully requests the consideration of the following in the preparation of the final Memorandum of Understanding for the parking mitigation: 1. Kick start the Parking Management Plan A large one‐time payment to the Town which would be used to begin to implement the Parking Management Plan. After all, this project will have an immediate effect on parking demand when construction is complete. 2. Public subsidy of private need vs Private/private partnership of underutilized land Annual payments to the Town that reflect the parking that the project is NOT providing but is required by zoning code. This annual payment could be approximately double the cost of privately leased spaces and would be waived if the owner provides documentation of a private agreement to provide the necessary spaces on privately‐owned land. The intended effect of this payment is to either provide the Town with the needed resources to continue to improve parking in the public realm, or to incentivize the owner to negotiate adequate parking for his property on private land. 3. Leap frogging existing businesses’ needs Do NOT include the provision of 10 municipal parking permits to the Lexington Center Committee Members: Richard Brown Frederic Johnson Howard Levin Jeffery Lyon Pamela Lyons Jerold Michelson (Chair) Pamela Shadley Peter Siy Michael Boudett Ellen Basch The Lexington Center Committee is charged with advising the Board of Selectmen and the business community on managing change in the center in order to ensure its long‐term viability while preserving its historical significance and the integrity of adjacent neighborhoods. This Committee focuses on achieving commercial diversity, increased social and cultural activity, enhanced aesthetics, improved traffic flow, and increased parking in Lexington Center. applicant. This is a “give away” to an applicant who is requesting a substantial deviation from town requirements. It also flies in the face of the 100+ people on the waiting list for parking permits. The provision of parking for this applicant’s tenants’ employees is the responsibility of the applicant. 4. Holistic approach to handicap parking needs Agree only to assess and create municipal handicapped parking spaces for the entire CBD, and not for this individual applicant. 5. Assurance of bicycle parking on private property Require the applicant to provide bicycle parking for four bicycles on their property and not on the public way. 6. Clarify the procedures, timing, personnel, and penalties of the MOU There is a need to review the property on an annual basis or as tenant turnover occurs to review the terms of the agreement. Who is responsible and what are the penalties for non‐compliance. Please know that we are supportive of such projects as the one proposed but ask that the Town Manager and Board of Selectmen consider the long term goals of the Center, and the precedent‐setting impact that approving this project without sufficient mitigating payment to the Town will have on future development. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/25/14 STAFF: Lynne Pease ITEM NUMBER: I.7 SUBJECT: Nominate Robert Martin Honorary Commander of Hanscom EXECUTIVE SUMMARY: The new Hanscom Air Force Base Commander is looking to select an Honorary Commander and asked Lexington, Bedford, Concord and Lincoln for candidates with strong ties to the community. It was suggested that Robert Martin would be a good candidate. He has indicated he would be proud to be considered for the position. He has provided a brief bio of himself. Mr. Pato will write a letter nominating Mr. Martin to send to the Hanscom Air Force Base Commander’s Office. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to nominate Robert Martin to be an Honorary Commander of Hanscom Air Force Base. STAFF FOLLOW-UP: Selectmen’s Office Robert J. Martin grew up in Boston and graduated from Boston College with a BS in Finance. Upon graduation Bob entered the US Army (1966-1969) and graduated from the Quartermaster Corps. Officer’s Candidate School. Bob served as a First Lieutenant in Inchon Korea. His career in finance started with collecting car payments for GMAC and ended at Digital Equipment Corp. as the Corporate Credit Manager. After early retirement, a volunteering career ensued first, as a Money Management Volunteer for low income seniors and second as a coffee volunteer at the Edith Nourse Rogers Memorial VA Hospital in Bedford MA. The increased awareness of the plight of homeless Veterans led Bob to combine his experience in finance and desire to help fellow Veterans to initiate a program to help Veterans with their personal finances. The initiative was embraced by the Bedford VA’s Social Work Department. Bob volunteers in the VA’s Health Care for Homeless Veterans Programs helping to support and educate Veterans to improve their financial health. He helps them develop budgets and establish financial goals so that they can become productive members of society once again. Bob also helps Veterans resolve issues with the IRS, Student Loans and personal debt problems. With Bob’s help, homeless Veterans are able to get back on their feet financially and refocus on their future Bob received the Bedford VA Medical Center’s Volunteer of the Year Award in 2010. Bob has over 6000 hours of voluntary service with the VA. . Bob also served as Veteran Service Officer for Lexington from 2007-2011. Bob was the recipient of the 2014 National Outstanding Veteran Volunteer Award from the National Society of the Daughters of the American Revolution at a formal ceremony held at Constitutional Hall in Washington DC on June 28. The National Outstanding Veteran Volunteer Award is presented to a veteran in recognition of outstanding achievement in personal, professional, and family life. A veteran must have significant contributions of leadership, patriotism, and have worked to increase public awareness of veterans. Bob and his wife Muffie have lived in Lexington since 1971. Robert J. Martin 5 Audubon Rd Lexington ma 02421 rmartin343@verizon.net 781 861 8956 G:\AGENDAS\Meeting Packets\082514\FY2015-2016 BOS Goals.doc 1 of 3 Board of Selectmen FY2015-FY2016 Goal Setting Follow-Up # (from original matrix) Topic Area Next Steps Lead BOS Priority New Goals Financial and Budget Issues 5 Financial Data Presentation  Need to educate the community on Prop 2 ½  Communication with public during debt exclusion discussions Joe 6 CPA Funding  Early endorsement of projects by Selectmen Capital Planning and Projects 7 Center Streetscape  Desire for more Board discussion on design proposals Joe, Michelle 8 Sustainability  Need for early planning on capital projects  Selectmen to give charge to Permanent Building Committee and Sustainable Lexington Committee on how to better integrate their missions Full Board Transportation 25 Sidewalks  Possible revision of policy and approach (will require coordination with other committees, e.g. TSAC) Michelle Planning & Land Use 28 Affordable Housing Production  Possible working group to be formed with representatives from the BOS and Planning Board regarding affordable housing and senior housing Joe and Michelle to develop a draft plan for moving forward Other 36 Bylaw Review  Identify a process for addressing obsolete and/or redundant sections of bylaws Joe 38 Noise Committee  Reconstitute, redefine charge  Selectmen to identify potential members Michelle Continuing Goals 12 Public Safety Facilities (Police and Fire)  Bring a proposal to Town Meeting  Evaluate options for a joint Police/Fire facility Full Board Peter 16;22 Tourism Strategic Plan; Visitors Center  Determine whether to approach tourism as a major component of economic development strategy Full Board G:\AGENDAS\Meeting Packets\082514\FY2015-2016 BOS Goals.doc 2 of 3 # (from original matrix) Topic Area Next Steps Lead BOS Priority 19; 21 Center Vitality; Parking  Consider options for encouraging business diversity  Support pedestrian-friendly Center  Move forward with Parking Management Plan  Determine role of Planning Board in Center vitality 32 Improved collaboration between Town and School departments  Future agenda item for discussion with School Committee. Issues to include: o Sustainability of buildings o Pedestrian and vehicle access at Schools o Community access to Schools  One-on-one relationship building Chair Staff Presentations 1 Town service goals for FY2016 budget Carl, Rob (Full Board) 2 Long-term capital spending plan  Balance our needs with our capacity  Model capital financing/debt service options for future capital projects (e.g. public safety buildings, school facilities) Carl, Rob (Full Board) 4 Minuteman Regional High School  Board to consider Resolution for current Minuteman members wishing to withdraw Carl 9 Streets Maintenance  Ongoing Bill 11 Future status of firing range at Hartwell Avenue Compost Site  PIR for feasibility study Chief Corr, Carl, Bill H. 13 Facilities Master Planning  Integrate revised School needs based on School Master Plan. Present new plan. Pat 15 Facilities Database  Pursue a master facilities database for scheduling the use of Town and School spaces Pat 23 TIF Policy  Develop educational and marketing materials Melisa T. (Joe, Michelle) 24 Complete Streets  Explore policies but not a specific certification (yet)  Pursue policies and implementation of Complete Streets approach Maryann, Engineering G:\AGENDAS\Meeting Packets\082514\FY2015-2016 BOS Goals.doc 3 of 3 # (from original matrix) Topic Area Next Steps Lead BOS Priority 30;42 Land protection; Stormwater bylaw regulations  Future agenda item for Conservation Commission on maintenance of streams Karen M. (Peter) 37 Town Website  Add a citizen input component to planning phase Candy, Kathy S., Donna 40 Regional Collaboration  Hanscom Air Force Base  Middlesex 3 Coalition Chief Corr, Bill Carl, Melisa T 43 Wireless Internet  Consider adding Wi-Fi to Town facilities In process No BOS Action Necessary 3 OPEB  Ongoing 10 Recreation Field Capacity 14 Funding for Facilities Maintenance  Possible policy regarding presentation of building renewal efforts in budget process (present as Capital Improvement Projects?) 17 Empty Buildings and Space  Stone, White House, Muzzey Norman, Michelle 18;29 Economic Development strategy; Infrastructure improvements; Business growth interests 20 Hartwell Avenue  Implement TMOD 26;27 Multi-Modal Transportation; Senior Transportation  Support alternative modes of transportation (biking, walking, and public transit), including options for residents age 60+. Status of Toole Report? Planning, Transportation 31 Community Center development  Continue to support work of AhCCAC subcommittees 33;35 Changing demographics; Multicultural participation; Committee support and process  Work with 20/20 Vision Committee to determine ways to implement recommendations of demographic change subcommittee report Joe 34;39 Board/Committee/Citizen Communications; Town Meeting Communications; Email distribution lists  Consider setting standards for citizen outreach and notification methods Candy, Kathy S. 41 Tobacco purchase age limit  2015 Annual Town Meeting: amend bylaws Gerry C. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/25/14 STAFF: Lynne Pease ITEM NUMBER: I.9 SUBJECT: Approve Class II License – Scott The Car Guy, LLC (Mabuchi Motorcars) EXECUTIVE SUMMARY: Mr. Mabuchi currently has a Class II License but requested a change of DBA from Scott Mabuchi to Mabuchi Motorcars. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve the application and issue a Class II license to Scott The Car Guy, LLC d/b/a Mabuchi Motorcars, 401 Lowell Street. STAFF FOLLOW-UP: Selectmen’s Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/25/14 STAFF: Lynne Pease ITEM NUMBER: I.10 SUBJECT: Vote to Include School Committee Vacancy on the November 4th Special Election Ballot EXECUTIVE SUMMARY: Mary Ann Stewart has submitted her resignation from the School Committee, effective August 14, 2014. The Selectmen need to vote to place the School Committee vacancy on the ballot of the Special Town Election on Tuesday, November 4, 2014. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to include the School Committee vacancy on the ballot of the Special Town Election scheduled for Tuesday, November 4, 2014, in combination with the 2014 State Election. STAFF FOLLOW-UP: Selectmen’s Office Town of Lexington Donna M. Hooper, Town Clerk 781-862-0500 x84558 dhooper@lexingtonma.gov fax: 781-861-2754 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 MEMORANDUM TO: Joseph N. Pato, Chair - Board of Selectmen Margaret Coppe, Chair – School Committee FROM: Donna M. Hooper, Town Clerk DATE: August 14, 2014 RE: School Committee Resignation – Mary Ann Stewart Per MGL chapter 41 §109, notification is hereby made of the notice of resignation, effective August 14, 2014, filed with the Town Clerk by School Committee member Mary Ann Stewart. Ms. Stewart was most recently elected to the School Committee, at the March 2012 Annual Town Election, for a 3-year period to end March 2015. A vote of the Board of Selectmen is required not later than August 29, 2014 to place this School Committee vacancy on the ballot of the Special Town Election set for Tuesday, November 4, 2014. Please contact me with any questions. Thank you. cc: Carl F. Valente, Town Manager Paul Ash, Superintendent of Schools AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 9/25/14 STAFF: Lynne Pease ITEM NUMBER: I.11 SUBJECT: Selectmen Committee Changes a. Appointments/Resignation – 2020 Vision Committee b. Appointment – Bicycle Advisory Committee c. Appointment – Hanscom Area Towns Committee (HATS) d. Approve Revised Charge of the Monuments and Memorials Committee EXECUTIVE SUMMARY: At your last meeting you made some changes to membership and the charge needed to be revised slightly to reflect that Mr. Kelley will be a liaison instead of a member. Since you approved the revised 2020 Vision Committee charge, additional appointments need to be made: Margaret Coppe, representing the School Committee; Joe Pato, representing the Selectmen; and Ginna Johnson, representing the Planning Board. Marian Cohen has submitted her resignation from the 2020 Vision Committee, effective July 8, 2014. The Bicycle Advisory Committee has requested that Carolyn Levi be appointed. Joe Pato has agreed to become a member of HATS to replace Deb Mauger at least until a new Selectmen is elected. At your July 28 meeting I forgot to have you approve the changes to the charge for the Monuments and Memorials Committee to reflect that Peter Kelley would be a Selectmen Liaison instead of a member. RECOMMENDATION / SUGGESTED MOTION: Motion to appoint Margaret Coppe, representing the School Committee; Joe Pato, representing the Selectmen and Ginna Johnson, representing the Planning Board to the 2020 Vision Committee, for one- year terms to expire September 30, 2014. Motion to accept the resignation of Marian Cohen from the 2020 Vision Committee, effective July 8, 2014. Motion to appoint Carolyn Levi to the Bicycle Advisory Committee for a term to expire September 30, 2017. Motion to appoint Joe Pato to the Hanscom Area Towns Committee. Motion to approve the proposed changes to the Monuments and Memorials Committee charge. STAFF FOLLOW-UP: Selectmen’s Office 2020 VISION COMMITTEE Members: 13 Appointed By: Board of Selectmen Term Length: 3-years, staggered, September 30 Staff: Town Manager’s Office Description: The Lexington 2020 Vision Committee’s role is to identify a shared vision for Lexington’s future and communicate that vision to municipal decision-makers. To pursue this role the Committee will:  Engage the Lexington community to think about Lexington’s long-term future.  Identify and assess opportunities and challenges that may shape Lexington’s future.  Make recommendations to the Board of Selectmen and, as appropriate, the School Committee and Planning Board.  Measure, track, and report progress on topics studied. Method: The 2020 Vision Committee draws on its own members’ skills and experiences, recruits volunteers with special expertise, and specifically it:  Conducts surveys of Lexington’s residents on issues broadly affecting the community.  Sponsors studies on issues of importance to Lexington’s future via scope groups and task forces.  Communicates results and recommendations to the elected boards and the community. Any and all recommendations of the Committee, including funding recommendations for facility upgrades or in support of the Committee’s work, shall be made only to the Board of Selectmen unless the Selectmen direct otherwise. The Board of Selectmen may choose whether to further these recommendations, including presenting the request to Town Meeting, based on the Board’s determination of what is in the best interests of the community. Membership: The 2020 Vision Committee seeks members who have an interest in and a commitment to the future of Lexington and a background in one or more of the following areas:  Familiarity with the community (e.g. experience as an elected member of Town government or committee member; participation in a community group or organization; work in a Lexington business or profession.)  Skills beneficial to performing the work of the Committee (e.g. demographics, finance, law, project management, social sciences, survey design, and analysis.)  Fresh perspectives and a passion for the positive future of Lexington (e.g. new Lexington residents who are familiar with ideas or solutions that could potentially be applied for the benefit of Lexington.) One representative from each of Lexington’s three elected boards (Board of Selectmen, School Committee, Planning Board) shall be a member of the Committee. Prior to serving as a member of the Committee, appointees are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the summary of the Conflict of Interest Statute provided by and acknowledged by the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest Statute. Further, to continue to serve on the Committee, every two years the member must acknowledge completion of the on-line training requirement. Ref.: Charge adopted by the Board of Selectmen on April 4, 2001. Name change adopted by Board of Selectmen October 20, 2003. Board of Selectmen voted to designate as Special Municipal Employees on January 18, 2006. Selectmen approved revised charge to streamline the language and specify membership of 13 on July 28, 2014. Monuments and Memorials Committee Membership: Seven Appointed by: Selectmen Length of Term: 3 years, September 30 appointments, staggered Meeting Times: As needed Description: The Committee will develop and publish an inventory of existing public and private memorials within Lexington, assess the condition of these public memorials, and recommend to the Board of Selectmen an annual maintenance and restoration plan. The Committee will be charged with identifying the need for new public memorials for veterans and/or other persons or events and recommend possible design and locations for such memorials. All records pertaining to actions of the Monuments and Memorials Committee shall be filed with the Town Clerk for archiving purposes. Criteria for Membership: The Committee seeks members with one or more of the following backgrounds: 1. Is a military veteran or represents a veterans’ organization; 2. Is knowledgeable about Lexington’s history; 3. Has knowledge and expertise in design, construction and preservation of statuary and monuments. The Chair will be appointed by the Board of Selectmen. A liaison shall be identified from each of the following: Selectmen, Town Celebrations Committee, Department of Public Facilities, Department of Public Works, and the Lexington Historical Society. The Veterans’ Services Office shall provide staff support. Prior to serving as a member of this Committee, appointees are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Ref.: Charge adopted by the Board of Selectmen on March 26, 2014. The Selectmen voted on April 7, 2014 to designate members of this committee as Special Municipal Employees. Selectmen approved a revised charge to add a Selectmen Liaison on July 28, 2014. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/25/14 STAFF: Lynne Pease ITEM NUMBER: I.12 SUBJECT: Future Meetings EXECUTIVE SUMMARY: Attached are calendars for September 2014 through February 2015 showing holidays, vacations I am aware of and current meetings scheduled. Please bring your calendars. Suggested Selectmen regular meeting dates are: September 22, October 6, October 20, November 3, November 17, and December 1. Proposed dates for Department Budget Presentations are: Monday-Thursday, December 1-4, 2014, usually held in the morning from 8:30 a.m. to approximately 12:00 noon. Proposed Summit dates are: October 2, November 13, December 18, January 15 and February 19, usually held at 7:00 p.m. in the Public Services Building Cafeteria. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office 18/22/2014 12:32 PMselectmen'sSu Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30September 2014Su Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31October 2014September 2014Aug 31Sep 123456Labor Day789101112137:00pm BOS (SMR)14151617181920Carl-ICMA Conf212223242526277:00pm Proposed BOS Meeting282930Oct 1234SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 28/22/2014 12:32 PMselectmen'sSu Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31October 2014Su Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930November 2014October 2014Sep 282930Oct 12347:00am Proposed Summit 15678910117:00pm Proposed BOS Meeting12131415161718Columbus Day192021222324257:00pm Proposed BOS Meeting262728293031Nov 1SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 38/22/2014 12:32 PMselectmen'sSu Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930November 2014Su Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31December 2014November 2014Oct 262728293031Nov 123456787:00pm Proposed BOS Meeting9101112131415Veterans Day7:00pm Proposed Summit 2161718192021227:00pm Proposed BOS Meeting23242526272829Thanksgiving30Dec 123456SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 48/22/2014 12:32 PMselectmen'sSu Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31December 2014Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31January 2015December 2014Nov 30Dec 1234568:30am 12:00pmProposed Dates for Budget Presentations7:00pm Proposed BOS MeetingPeter-vacation78910111213Peter-vacation14151617181920Peter-vacation7:00pm Proposed Summit 321222324252627Christmas28293031Jan 1, 1523SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 58/22/2014 12:32 PMselectmen'sSu Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31January 2015Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 28February 2015January 2015Dec 28293031Jan 1, 152345678910111213141516177:00pm Proposed Summit 418192021222324MLK Holiday25262728293031SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 68/22/2014 12:32 PMselectmen'sSu Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 28February 2015Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31March 2015February 2015Feb 123456789101112131415161718192021Holiday-Pres.Day7:00pm Proposed Summit 522232425262728SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 8/25/14 STAFF: Lynne Pease ITEM NUMBER: C.1-5 SUBJECT: Consent EXECUTIVE SUMMARY: 1. Approve the request of the U.S. Army Reserve’s 3rd Legal Operations Detachment to use the Battle Green on Saturday, October 4, 2014, from 6:30 a.m. to 10:00 a.m. for the beginning of the annual Battle Road Memorial March. 2. Approve two One Day Liquor Licenses for Peter Lund (LHS Class of 1954) to serve beer and wine for two 60th Reunion events: September 26, 2014 from 4:00 p.m. to 8:00 p.m. at the Cary Memorial Library and September 27, 2014 from 12:00 noon to 3:00 p.m. at the Depot Building. 3. Approve a One Day Liquor License for the Lexington Community Farm to serve wine and champagne for a Dinner on the Farm and Thank you to Donors on Sunday, September 28, 2014, from 5:30 p.m. until 9:00 p.m. at LexFarm, 52 Lowell Street. 4. Approve the Annual Performance Review for Mr. Addelson as the Assistant Town Manager for Finance/Comptroller for the period March 2013 through March 2014. 5. Approve the Selectmen Executive Sessions Minutes of June 9, 2014. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: Selectmen’s Office 1 Lynne Pease From:Cathy Severance Sent:Thursday, August 07, 2014 11:15 AM To:Lynne Pease Subject:For the 8/25 Meeting? Attachments:Memorial Battle Road March 10-4-14.pdf Follow Up Flag:Follow up Flag Status:Flagged Hi Lynne‐ I hope you had a wonderful vacation! This week, at least, seems you’ve had wonderful weather. Can you add the Battle Road Memorial March to the next Selectmen’s Meeting (8/25)? I am attaching the original application from Major Matthew Mancini. The times are actually from 7:30 a.m. until 9:30 a.m. They’d like to set‐up at 6:30 a.m. and should be totally complete by 10 (w/pick up I imagine). They will be heading over to the Minuteman Park – they will NOT be returning to the Battle Green after (as they have in the past). They have some needs from DPW – not sure if that matters for the sake of the BOS approval but they’d like a podium and one table and 20 folding chairs. Thank you! - Cathy Cathy Severance Office Manager/Special Events Coordinator Town Manager's Office Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Ph: 781.698.4544 Fax: 781.861.2921 www.lexingtonma.gov When writing or responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record, and, therefore, may not be kept confidential.