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HomeMy WebLinkAbout2019-06-24 BOS Packet - Released SELECTMEN'S MEETING Monday, June 24, 2019 Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room 1:00 PM AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. Close RCN Telecom Services of Massachusetts, LLC Cable Television License 1:00 P.M. Renewal Public Hearing 2. Approve Proposed RCN Telecom Services of Massachusetts, LLC Cable 1:05 p.m. Television Renewal License 3. Authorize Communications Advisory Committee to Begin Negotiating Process for 1:15 p.m. the Verizon New England Inc. Cable Television License Renewal ADJOURN 1. Anticipated Adjournment 1:25 p.m. The next regularly scheduled meeting of the Board of Selectmen will be held on Monday, July 8, 2019 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request 'i a All agenda time and the order of items are approximate and Leyfqe * subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Close RCN Telecom Services of Massachusetts, LLC Cable Television License Renewal Public Hearing PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Chair I.1 SUMMARY: In the June 6, 2019 and June 13, 2019 editions of the Minuteman Newspaper, The Legal Notice for June 20, 2019 RCN Telecom Services of Massachusetts, LLC Cable Television License Renewal Public Hearing was published. On Thursday, June 20, 2019 The Communications Advisory Committee (CAC) opened the Hearing for the purpose of hearing public comment regarding the RCN L is ens e renewal. Upon no public comments made during the hearing, the CAC closed the hearing allowing for written comments to be submitted until 1:00 p.m. on Friday, June 21, 2019. No written comments were submitted. SUGGESTED MOTION: N/A FOLLOW-UP: N/A DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2019 1:00 P.M. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Proposed RCN Telecom Services of Massachusetts, LLC Cable Television Renewal License PRESENTER: ITEM NUMBER: Ken P o gran and Dave Becker, Communications Advisory Committee I.2 SUMMARY: Dave Becker, a member of the Communications Advisory Committee-Negotiating Subcommittee, will present the proposed RCN Telecom Services of Massachusetts, LLC Cable Television renewal license. SUGGESTED MOTION: Move to approve and sign the proposed Cable Television Renewal License for RCN Telecom Services of Massachusetts, LLC for the term July 1, 2019 through June 30, 2029 as presented. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2019 1:05 p.m. ATTACHMENTS: Description Type joWC Nor 956 Massachusetts Avenue C Arlington, MA 02476 rcn.com February 6, 2019 , Board of Selectmen FE...............J.. 2 11,")IG Town Hall 1625 Massachusetts Avenue Lexington, MA 02420 To the Board: Please find enclosed an original Form 100 Application for Renewal of the Cable Television License of RCN and one copy together with the One Hundred Dollar application fee. RCN looks forward to renewing its cable license and continuing to offer our competitive cable television services to the residents of Lexington. Thank you for your consideration in this matter. Very truly yours, omas K. Steel, r. Vice President and Regu tory 'ounsel Mpi My CC: Communications Advisory Committee Enc. .......'17 COMMONWEALTH OF MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION DEPARTMENT OF TELECOMMUNICATIONS & CABLE Competition Division FORM 100 LICENSE APPLICATION Applicant: RCN TELECOM S CES OF M, CHUSETTS, LLC Authorized Officer (Signature): Municipality: Town of Lexington Date Submitted to Municipality: Type of Application: _Initial License X Renewal License Nature of Application: Formal Proposal pursuant to 47 U.S.C. § 546(a) X Informal Proposal pursuant to 47 U.S.C. § 546(h) Proposed License and/or Supporting Materials Attached: X Yes No IDENTIFICATION OF APPLICANT 1. Name, corporate address, and corporate telephone number of applicant. RCN TELECOM SERVICES, LLC 650 COLLEGE ROAD EAST SUITE 3100 PRINCETON, NJ 08540 (609)452-8197 2. Name,title,business address,business telephone number,and email address of applicant's Authorized Officer. Attach as Exhibit A evidence of Authorized Officer's authority. JEFF CARLSON VICE PRESIDENT AND GENERAL MANAGER RCN TELECOM SERVICES OF MASSACHUSETTS, LLC 956 MASSACHUSETTS AVENUE ARLINGTON, MA 02476 3. Name,title,business address,business telephone number,and email address of individual to whom communications should be sent if different from Authorized Officer. THOMAS K, STEEL,JR, VICE PRESIDENT and REGULATORY COUNSEL RCN TELECOM SERVICES, LLC 956 MASSACHUSETTS AVENUE AR.LINGTON, MA 02476 GENERAL LICENSE INFORMATION 4. Indicate number of years for which initial or renewal license is requested. A 10 YEAR RENEWAL LICENSE 5. Indicate proposed start date of initial or renewal license. BEGIN ON DATE OF GRANT BY BOARD OF SELECTMEN 6. For initial license: State whether applicant currently holds licenses or has pending applications in any other Massachusetts municipality. If yes,provide detailed information as to the municipality and license status. 2 NOT APPLICABLE 7. State whether applicant has been a party to any fully adjudicated license-related legal action (e. ., breach of license, denial of license) in any jurisdiction. If yes, provide detailed information on each such legal action, including the disposition. APPLICANT HAS NOT BEEN A PARTY TO ANY FULLY ADJUDICATED LICENSE-RELATED LEGAL ACTION. 8. State the amount of insurance applicant proposes to carry for the cable system in accordance with G.L. c. 166A, I 5(c). State whether applicant proposes to carry insurance in addition to that required by the statute, and if so,the purpose and amount. PROPERTY DAMAGE: 1,000,000 PERSONAL INJURY: 1,000,000 UMBRELLA POLICY: 5,000,000 WORKERS'COMPENSATION: MINIMUM STATUTORY LIMIT 9. State the proposed amount of bonding that will be submitted in accordance with G.L. c. 166A, I 5(k). RCN PROPOSES A$50,000 PERFORMANCE BOND THROUGHOUT THE TERM OF THE CABLE TV LICENSE 10. State whether applicant's proposed subscriber privacy policy complies with federal and state law and regulation. If not, explain. YES 11. Describe applicant's proposed procedures for handling customer service inquiries during the term of the license,including but not limited to subscriber complaints. For renewal license, applicant may attach as Exhibit B its most recent copy of Billing&Termination Filing and Subscriber Privacy Notice. SEE EXHIBIT B ATTACHED 3 RATES AND SERVICES 12. For initial license: List broadcast television signals applicant proposes to carry. For renewal license: State whether applicant's proposed broadcast and cable offerings will differ significantly from offerings currently available in the municipality. Applicant may also attach as Exhibit C current channel lineups for all service tiers,including broadcast and cable channels. SEE EXHIBIT C ATTACHED 13. List separately those channels that are current must carry and those channels that are currently carried pursuant to retransmission consent. Note: Channels that are must carry and retransmission consent may change throughout the license term beyond the cable operator's control. 14. State whether applicant proposes to offer or continue to offer non-automated local origination programming. If yes,describe in detail the starting date that such programming will be available, the types of programming, the hours per week, the quantity of programming applicant expects to produce within the service area, how the programming will serve the specific needs of the municipality, and applicant's policy regarding making time available for discussion of controversial 'issues of public importance. Also, list the schedule of fees to access users for production costs and use of origination equipment. NO 15. State whether applicant plans to offer or continue to offer public, educational, and governmental access channel(s). If yes,provide the amount and type of financial support, the location of the facilities,the facilities and equipment available(including the cost of such equipment and facilities), the hours of operation, and whether there will be technical assistance available. YES,AMOUNT AND TYPE OF FINANCIAL SUPPORT WILL BE SUBJECT TO NEGOTIATIONS DURING THE LICENSING PROCESS. 16. If applicant plans to offer or maintain an institutional network(I-Net),attach as Exhibit D a technical description of the system. SEE EXHIBIT D ATTACHED► 4 FOR INFORMATIONAL PURPOSES ONLY: 17. Provide a complete listing of all proposed subscriber fees,including those for both regulated and non-regulated cable services, installation, and equipment. For renewal licenses, applicant may attach as Exhibit E a current rate card. SEE EXHIBIT E ATTACHED 18. State whether applicant proposes to offer or continue to offer any additional services in the municipality that are not subject to regulation as a cable service, and if so, provide description. RCN PLANS TO OFFER THE FOLLOWING NON-CABLE RELATED SERVICES IN LEXINGTON: 1) MODEM SERVICE — AN ALWAYS ON, HIGH SPEED, CABLE MODEM BASED INTERNET ACCESS SERVICE TO RESIDENTIAL AND COMMERCIAL CUSTOMERS, IN ADDITION TO OFFERING SIGNIFICANTLY FAST SPEEDS ALSO OFFER MULTIPLE EMAIL ACCOUNTS,PROFESSIONAL IN-HOME INSTALLATION AND MORE, 2) DIGITAL TELEPHONE SERVICE TECHNICAL INFORMATION 19. State whether the proposed service area is included in a regional cable system. If yes,list all of the other communities in the regional system served by the headend(s)that will be used for the proposed service area and the location of such headend(s). If no, state where the headend(s) will be located in the service area. THE AREA SERVED IS PART OF A REGIONAL CABLE SYSTEM, COMMUNITIES SERVED BY THIS REGIONAL CABLE SYSTEM ARE: ARLINGTON, DEDHAM, EVERETT, SOMERVILLE, WOBURN, BOSTON, BROOKLINE, BURLINGTON, FRAMINGHAM, LEXINGTON, NATICK, NEEDHAM, NEWTON, REVERE, STONEHAM, WAKEFIELD, WALTHAM, WATERTOWN AND MILTON. THE SYSTEM IS CURRENTLY SERVED BY A HEADEND LOCATED IN SOUTH BOSTON., 20. If the proposed service area is not the entire municipality, specify the nature of the area {e. , neighborhood) and explain why the entire municipality will not be served. 21. Describe in detail any problems applicant foresees in extending service to all parts of the proposed service area. 5 22. Construction: For initial license, indicate the time period in which applicant proposes to begin and complete full-scale construction. OR For renewal license, state whether applicant plans significant upgrade or rebuild activity during the renewal term, and if so, file as Exhibit a description of the proposed changes and projected dates for the commencement and completion of construction. NO SIGNIFICANT UPGRADE OR REBUILD PLANNED 23. Attach a technical description of the system, including a strand or street map showing the extent of cable plant in the municipality. NOT APPLICABLE 24. Describe the equipment applicant proposes to offer or continue to offer at the subscriber terminal(e. .,remote control,analog converter,digital converter,high definition converter, digital video recorder). A CONVERTER BOX IS REQUIRED TO RECEIVE ALL SERVICE TIERS., RCN DOES MAKE AVAILABLE, FOR A MONTHLY CHARGE, CONVERTERS SPECIFIC TO THE SERVICE REQUESTED BY THE SUBSCRIBER,INCLUDING HIGH DEFINITION,DIGITAL VIDEO RECORDERS AND REMOTE CONTROLS, 25. State whether applicant's proposed safety measures for the cable system comply with federal and state law and regulations. YES, RCN1S PROPOSED SAFETY MEASURES COMPLY WITH FEDERAL AND STATE LAWS AND REGULATION& 26. State whether applicant's Emergency Alert System (EAS) complies with federal and state law and regulations. YES.,RCN9S EMERGENCY ALERT SYSTEM(EAS)COMPLIES WITH FEDERAL AND STATE LAWS AND REGULATIONS. 6 OWNERSHIP AND FINANCIAL INFORMATION 27. If applicant is a publicly-traded corporation or subsidiary of a publicly-traded corporation, attach as Exhibit a copy of the corporation's most recent annual report to stockholders. Otherwise, attach as Exhibit an audited financial statement as of the most recent audit, showing applicant's financial position. NOT APPLICABLE If the status and composition of any assets or liabilities on the audited financial statement is not clearly defined by the respective titles, attach as Exhibit schedules that provide a definition of such terms. If recent financial information,i.e.,an annual report or an audited financial statement,is not available, complete the Supplement to License Application. 28. Provide the following system information as of the last complete year for which the data is available: a. Total Homes in Service Area (passed and not passed by cable system) b. Homes Passed by Cable System C. Cable Subscribers d. Aerial Miles Constructed e. Underground Miles Constructed f. Total Cable Subscriber Revenues in Service Area 29. Indicate appropriate business structure for applicant: Individually owned Corporation serving one community ........ Corporation operating cable systems in more than one community, but these operations are not separate corporations Partnership X— Other(specify) LLC 30. Complete a"corporate family tree" for each of the corporations or other business entities listed in the following levels. For example,if there is one corporation named in Level 0,two in Level 1,one in Level 2,one in Level 3,two in Level A,and none in Level B,seven sets of responses must be filed, one for each of the seven corporations or other business entities identified in the "corporate family tree," In simplified fashion, such a"tree"might look like this: Level 3 Parent P arent P arent P arent P arent P arent 7 Level 2 Parent Parent Parent Parent Parent Parent Level I Parent Corp. Parent Corp. Parent Corp. Level 0 APPLICANT Level A Subsidiary Corp. Subsidiary Corp. Subsidiary Corp. Level B Sub. Sub. sub. sub. Sub. Sub. Level 0: Provide the name, city, and state of principal office. Level 1: Provide the name, city, and state of principal office for any corporation or other business entity that owns 25% or more of the voting stock of the reporting cable system named in Level 0. Level 2: Provide the name, city, and state of principal office for any corporation or other business entity that owns 25%or more of the voting stock of the entity or entities named in Level 1. In each case,indicate which entity in Level 1 is the subsidiary of the entity named in Level 2. Level 3: Provide the name, city, and state of principal office for any corporation or other business entity that owns 25%or more of the voting stock of the entity or entities named in Level 2. In each case,indicate which entity in Level 2 is the subsidiary of the entity named in Level 3. Level A: If applicant(Level 0)owns 25%or more of the voting stock of any corporation or other business entity,provide the name, city, and state of principal office. Level B: If the entity or entities named in Level A owns 25%or more of the voting stock of a corporation or other business entity,provide the name,city,and state ofprincipal office. In each case, indicate which entity in Level A is the parent of the entity named in Level B. 31. For corporations, list all officers and directors (whether or not they own stock) and stockholders who own I%or more of the voting stock of the corporation,as well as the city and state of residence and corporate position. If an ownership interest exists,record this to the nearest whole percent based on the total number of outstanding shares of voting stock in the corporation,exclusive of treasury stock. Where stock is held by a stockholder in a street name,this fact should be noted,but no further information concerning such stockholder need be furnished. OR 8 For partnership, list the name,, city, and state of residence, and percent of interest in the partnership of each general or limited partner. 32. Has any individual named in Question 31 been found guilty of any felony in any federal or state court within the past ten years? If yes,submit as Exhibit a statement disclosing the individual and matters involved and identifying the court and proceeding by date and file numbers. NO 33. If any individuals listed in Question 31 are aliens,submit as Exhibit a list of their names, addresses, and nationalities. 34. If applicant is unable to supply all of the information requested herein for itself or any of the corporations or other business entities named,submit as Exhibit a list of those individuals or business entities for which any of the requested information is not being furnished, and include a detailed explanation of why the omitted material is unavailable. 9 SUPPLEMENT TO LICENSE APPLICATION This Supplement to the License Application must be completed by any applicant that is not able to provide an annual report or an audited financial statement for its most recently completed fiscal year. In completing Schedules A through E, provide pro forma information for each year in a ten-year projected period. In completing Schedule F, appropriate documentation must be provided to ensure the applicant has secured the proper financial commitment. I RCN WILL CONTINUE TO OPERATE IN LEXINGTON IN A HIGHLY COMPETITIVE TELECOM MARKET PLACE AND IS CURRENTLY OWNED BY A PRIVATELY HELD COMPANY. THIS INFORMATION IS COMPETITIVELY SENSITIVE AND WILL NOT BE FILED PUBLICLY BY RCN, SCHEDULE A: ASSETS CURRENT ASSETS Cash and Equivalents Accounts Receivable,Less Allowances Inventory Prepaid Expenses Other Current Assets TOTAL CURRENT ASSETS FIXED OPERATING ASSETS Land Buildings Headend Equipment Trunk and Distribution Equipment Subscriber Devices Other Fixed Operating Assets Construction Work in Progress TOTAL FIXED OPERATING ASSETS Accumulated Depreciation NET FIXED► OPERATING ASSETS OTHER OPERATING ASSETS Franchise Acquisition Costs Excess Fair Value Goodwill Other Intangible Assets TOTAL OTHER ASSETS Accumulated Amortization NET OTHER ASSETS 10 TOTAL NET ASSETS SCHEDULE B. LIABILITIES CURRENT LIABILITIES Accounts Payable Subscriber Advance Payments and Deposits Debt Due Within One Year Current Taxes Payable Other Current Liabilities TOTAL CURRENT LIABILITIES NON-CURRENT LIABILITIES Long-Tenn Debt Notes Payable Bonds Payable Obligation on Capitalized Leases Deferred Taxes Other Non-Current Liabilities TOTAL NON-CURRENT LIABILITIES OWNER'S EQUITY Net Assets Due From/To Parent Company Capital Stock Retained Earnings—Gross Accumulated Dividends Other Owner's Equity TOTAL OWNER'S EQUITY TOTAL LIABILITIES AND EQUITY SCHEDULE C: LOCAL CHARACTERISTICS CONSTRUCTION AND SUBSCRIBERS Total Homes in Service Area Aerial Miles Constructed Underground Miles Constructed TOTAL Miles Constructed Homes Passed by Cable Subscribers at End of Year SCHEDULED: OPERATING INCOME SUBSCRIBER REVENUE Installation Income Equipment Revenue Basic Service Tier Revenue Cable Programming Service Tier Revenue Premium Service Revenue Per Progrwn or Per Channel Revenue Other Subscriber Revenue TOTAL SUBSCRIBER REVENUE NON-SUBSCRIBER REVENUE Advertising Income Other Income TOTAL NON-SUBSCRIBER REVENUE TOTAL OPERATING INCOME SCHEDULE E: OPERATING EXPENSES DIRECT OPERATING EXPENSES Programming Expenses Net Bad Debt and Collection Expenses Salaries and Benefits Repairs and Maintenance Light,Heat, and Power Pole and Duct Rental Administration- Office and Billing Marketing Local Origination Other TOTAL OPERATING EXPENSES DEPRECIATION AND AMORTIZATION Depreciation Amortization TOTAL DEPRECIATION AND AMORTIZATION TOTAL EXPENSES 12 SCHEDULE F: DEBT FINANCING DEBT FINANCING PLAN Provide the commencement date,interest rate,repayment terms, and outstanding amount for each loan held by the applicant. Attach as Exhibit a description of each financial agreement to include the lender, terms, conditions and security. If lender is a bank or financial institution,a letter of intent or commitment must be included. If lender is a corporation,individual,or partnership,a financial statement showing net worth equal to amount of commitment or a letter of commitment from a financial institution for the specific project must be included. 13 EXHIBIT A EVIDENCE OF AUTHORIZED OFFICER'S AUTHORITY 14 jpIrgive 956 Massachusetts Avenue Arlington, MA 02476 I rcn.com I, Thomas K. Steel, Jr., Vice President and RegulatoryCounsel of RCN,, DO HEREBY CERTIFY, that Jeffrey Carlson is an officer of the Companyholding the title of Senior Vice President and General Manager; and FURTHER CERTIFY, that Jeffrey Carlson is authorized to execute on behalfof the Company, franchise documents and an other documents relating t y g o franchise matters such as the instant Form 100 Renewal Application. 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IwL--CD -0 nm -00C-nnn =,, snrvmmoonQtnm m �.�. rr �i� a>="ar� run �= = maa0) me (9 Cu (Dco = (D c t1 n © p - o c" _ u' '�� ro = oni =�s � r» xt 0) ro (© (D p cn Qcci`Dm fir' mroa cz ororo (D n3-0n '===dc �, .a , c c�a 3 cn 3 < � ?�, mom myo � =gym �.�► � m -rodm. a m3 �1 �(o � mro .�. m �'co resin ca = " �w^cn w -- oo (nUa < (D - �m (cn -° C.nis Q"0QO"D (cn m �'a>'C Zm fl b Q) cU p, ups �` , tin" (D m (nroro -cnmrom0 � -off o'mro<m �`" ('' mm :.': 3o Cyr �CLCcmn ©(D 5; - m C� � n t")v'c°' —0 ''C m ro (D -►(A = ate--ru Ica � roc n ro cn m � =r -o o ru m 3 a �'' � -,ca � �co° � �.� � m ��`�`m o -p = cn-v c ro o d m ry cn m :-. �" (n cu m o (A cm ==0 CD ::•Ng :: 3mz0 � �3aro3 („ � C� (n o.`= 0 :m :E a� in3g =wc,Dm �ro � wa �, ° 3 me -o(DCl �ro 6r) cm `Qm (A (D a �,m =-mcD mo.o -""� 0gm o < mn .»=. �, cn ap= = cnc=nangi (n3� m`v m " cn cn 3 :�. o -+, m ;p (7 C?a m o ''', n vs •� fl3s� M °' c 0 C: (D n° � a 3 u ca,� n - ca 0 © mom m a m = vr LnID-=r m?c"%. = 3 p° dm (D am aQ�.Qz0) c • ru((DD (?6 r► 3 cmroC o =� cm V, :: ° 3 'CLa: o r v�-�C �� m-© in w,C © a =a(n 0) �' (D m-n n ° ��(D v=i , cr 0) r o cnm,-�-a = ;:j - ` x•= m om,` -r(A Z m� c?a �� °' cu � a� m '" 3 ° o �► cnm ma (n ,��ry (n �� � ri _ = m Q (Dc0aro pN �( ° c' =• ,C-- o(Dcm ((DD ��= m maugm(nQ`< � cn m c(� (n n u � n n c0) (A rU 0 ""(D m fl. c=s ro C' © ru -"cmt► `»rU 3 m n (D ru = C7 -C Cj =. n ro m ru o� m m mQ4� a cv cr °'0mCc ,-.Qoc (A r (ACL(D cn .� m e 3 a w a c-m cn CL 3 ,� 0 - 0 3 ° a'° m n m t'�.cn ° °' `D Imo 3mC`3 --c -v .0p � ° -v n a� tD n o to m cn tC2 (n(o czw o ru a sv a o cr dCD cE= ,c 0 m c co 0.a.o rD � • n tCD 03Cu co c -, �. (mr) m� (A ZZa(n c: :3 0 m cr =.�ncC = (D (D ommn (p © c =" rDp, .0 0 � i`0 ( r- s -• -•mu 7x mv 3D cD c (D � Q Oa o m3 cn o=( u 3 O m m o cn n mthro nzmc al< m° m` m -mmm 'm n m a cn (D 0 4 -0 _0) (7 C Cv-0 CT CT �C"L m n —1 10 ru cn ^ r•s -t r-► � � _'C3 A �'CLs w '� ^'Cl. 0) _ -� (n Z7 �'(n C ""m w (?CL0 :3Cc �' ==-�,cu (;,� :o =' �' -� (�nm =-c-� �" roa (n�c,� (Docma. (� cr� caa � crum3,tmoc-c� (�= � < a a = $a c go roro m �cn mC 00 C m (D ;='O a ro -w n C -. -, m as cp ?cn °'"`t7 Q a m 3 tom. o. m a- y c n Li CZ © O ;:. Ccn7`° ru �• aci�3 (n p ccrc3 o• mcn ,-. � �, m •-cnm a. c`'-� cmm =ccn� a ��` a , =c-�' o �. cnc� -N o nc `n = (nc �' = (D �-0 -5 C: (D C,. a" = m 0.(D monC-= -»,rump -� (A0 oCC) (D0) 'gym c �..� �c�.ccnrua.(A � #� asm -"Fc = om 3n3 �toK sl o0roCUCC. = (D-C-cmcn �wV) 0..crcr0LA c -. (,:, p © -,,tea = o ,-«�, �,(„ nQc- =;inn arcs © -� - viol (D � a ro .� -, �, o-�a , c � rocr c cr %n'`v (nruc•� —t `c3 =� cn ►(a ° ru =yam m (D om3o•,� g c _ � _-3CL �Qcuc cr) Qi = cn _.ocu m =- 3wv �inns3 < mc °° c� d� u' (A (� aco � (D 10 (D0) `� roM0) 0 =rmrucn cr(D "" � c =.=m3a.�; �.... M = C► tiru ,� c ro = � c3'~{ m n g-- 0- a n a 3c = cr..� (n ro < s ,a) ,� -� minro = -. a o' a �(n �-.ac-on3a� -� ccCaa��, M0 � cs� -tiommrT � cn'C3 = 0 (n m Cr � cn A CCr rDD 0 cn cv'p tf c a' _0 3 C 0 � = m (n�C � ata C.-. (n n �U, �ys = O 5 � m O N Cam'.N m � �« o.� 0. (D nm = cucun ate• cn c =) —:300 In.c (� cr n� < = ru -� a � �•m �� a .-. -, 3 (D ,.� •-►oc -ti -�,= pas (n cuu► ar:z(n •C (D = cn v, me om c m � (1)� a.ru � = m .' Q=tr, oo p a Cnm=d m (Dnmm -� mnnppQa =. c �Am ° 0 = _ -� Mmc0-��0a-�; .-. m .�o .� m(n m n _ -a �-- o.cn = �, ro o c n m (- -� 3 , = n n m m ,� (._-o o "c n C a r."° 0) a`"N C a a m n to G =•,C°•p °' O nu -C7 = p roc v= N ,:+ 3 _' �o -,., = a < 3 m (n cn m = ��n --a m CD (D Q cu Q o 0 �` � m Cr (fir ° in 3 4 0 m co � m ,-.n ru us 0"p —m � (n m as m Q Q�: `'" a( ,-.= m c � �� at =3 ,)- c 0 a -, -. © c Cu a —c = m.s� .-►"C n c ro tr n �-► p vs .. w ro "+ =ru m m Cu '` -, c =-n 0- C7',.. d Z7 c'm ? o. p,(D in o (D 3 -a =.-t� a.© c c n =. o --� m m 0 ,...© _.ro g —_.m m c m �► Cu m , = g = c' cn Vf _ (A (D c3 .-.m (C = C = m m -S o (n _ m � � � •"` � acr— M -% m = ° ron3 mapm � ��0 (3 o- -� � -,- cnC.p �' U' r^am m �°(h' o°•v' � (nc �pro o? �x;::wIn = m-a0 me o �,`� n3 _ « ' 3 _ _ �, _ �, d v(s © O °' rom 3 a� ,.mac n -.� _ �' o -►-ti�` v, "' d m ° c -.a� ro 3 = 3 c "° o 3 --� Mi -► (AC O c c-3Q�' = mcr , .�ao.�?cu 3r, nm ° 0IOA mm ac (v_�, 3 to C: (D tD 0s n ,� c �, _ -- Q(n _ -� cr O 3 3 C aEl - r-, c (n CL 5(n o , -., _•-•, [a n a' ,-•�c•° ro 3 a .�r�..�.ro c g-ca m m m `� m �' a N = m m cu .-•mv, ro © kc roro -�c �mmo - c = C (n �, � � -0 m -, _. Q �� �m -�n � •� a 3 30; 0 (n 'D N-0(ca-v a3 (Dmm°c3c cc�,� n �o-�m -ate cu m �c•a cn-c� d �mQ T.h-nm 3 �-'0 c 3 (Dr- m Cr 0 (n -� ro c (n = ro (� (� 0 = - m v �o.- "r ° Cu ro m (q.cyos0 �sC (,s = a-C� a� m3 n� r►rom v►-px-rp (�m � am nv, `� 3,"",A C.n ='� („ (nm - c: (D = -o "! "! 'Zara -o _,� � -�3 _ �-. �,m ru (v („a. roo �, �ro o moaga -tin am .-. �• �. (D XC. - = (n C m= Ln mroo. - 5m (`nn (�D ' u� © gcQ 05ac mu, ci.sv�°o gQ' n�'in ° Z3 (n 0 ' a-0m � "'"0 �3 C�°7a.°�' a (=, 3c n °roru= io = = o� m m r? ,=. a <cQ c = a = ,�. = m m (D us n n �z7(p cy z(n m o c3' cis•C7 C.m � CD _ (n -, m n n Ct.`(D m `n (n u 3 n c � _ (n Cl.o cn ro �p K cn (- t...D _ m m -� _Ca.n7�' —(A_+ «n �° cn in Q °c ° (mD cr s0 ©0)0) -v =m °- A.0 ,-m o� _ =• 0 ccr � `n`�� m � 33m �g�a��m ..« c�. =u� c n a 'ct� n = ro = -� ru = a 0 m =roco o n m m cn Cr o`:3 xO n (C ' m (nm�, C mmr.`n = g =oro r►(D �" cDr) w < g °' ~'," C = roe--" 0OLn �m 0, c rump =car►o � (n = ag m -.,C � Q�g © oc.0 (D :3 -M ry ro (D n m (n = (n � E, 3 0) -*, �(ncm a (n ru m =- -, c < ro �, mcmm -. 0 < _ (A� ° -ta Cy = d c ro tJy ,�tp (^D - (, �o q P Cs ru A} O (A•CC 0) m 0�'m ro to Cl m � a �``C �" , ru c3 _ �� m mcu (')c (A (Dm < rumru Cnd.,� (a -, =•�. ro = c'='°' (? = c3 = °L" a Cvm03-0 whrua°scum -n.(,, us = (now -tinCl.,., (n 3a _3 " -: romr"-tin man m cmg -% cr g3o �« r' n °so (mn � cm m-cy (sx °- � � © © omm cr� m3~ 3ca, �' °' c (m^,� r, cnm n33 ='° 3m 3 �. 0v, dm °3rc "� c ?cry o (n min = c+s =� 33 � �a cum c �, a0) =Q a (� �(Dvs" tT=s� c = -Cy = t �, y �,r.CcrV) aoo ((Da3u "�©-o- �°_° -(Dc -,� -4 = ac o m 0 ^► 0 (n "v (n m m o = M m m Qi° °~Zu °"° roo = <-c °cm _.,� 0) (D 0) 3,ro ' : m �,�►�,� s�Q s�.(n © �n n �--m c �0 °' o a c�-c� ro o.a m EP= :3(D(D -ti cro cr n s 0 3 ry m� u( � �►m , -fi n- mc (m�=(a m (na� = mom ° ma cr= maCL6- o -► Qm =r(A " (c+ c:-cro g ro (" cmnmc �, -� -. p 0 -0o V� � a �-m1 (mo o.=m ru -�'° -� �, � m3n � °--c� 0 =c► m °' - ao � 0) 0)mac•= c?'m (v (`°D a--^(arum d V) � ncnro � nmpi0 a --►,Mwc� oo� -. n , oin � 3 (D ,.,-� u,'� ro ' n,,,md Qm �m ;�� c -�, c�- ;a mC °.cno.0 = dam ten ( p cTg � C _-�, ,� a g � to � m � (no`�° 0 �� 0c ©.� ru3m a- wo(u �► m �rmi (AX""�`"c (nCl ° 3 = za.c mro ro (nrohn = �, �' CL0n = =„(=n °z Z r.-O C �=� cr w (n m �, 3in �(D cn -, `v'.�mm° L?� = u, � � �mQro = _ =c:L (DoO• o Crm 0nm �► d o -� r) ry m C C .-�. = CD. (n tD. c = n (n n cr C cn 4 ' C ...• -,t3 'c3 (n p �=' a. m cm ,..� -� an = = us = � � = m p (rs aC cn = 3 !f cn o c N _ = Cs �, (v O S n m m r 4 cmn 'D as to m (A � (" n m rmi ai (n c�D „(p LD �, M (n d-.-►= a m ,-►-ti%C7 Q} -* c � ro r, G to us 0) O> G2 Q (D (n ,., m =" C. (!1"C %< (� �, c �'►`C = (u �_ ,n-►ry O C) �- to (vY) crin 'c° zm (Q Dv m a ,�=-, m. taro°� (roceD-o CL ET (D °c m' �u ate` � c �= gym '°-m C wo W (h Iil W wo Ln 0 w M M U C 4-1 +.0 u M, 4) 0 -.0.0 t.-! E m 0ty 5, M C o 0 (n w c M 0 a 6- - 6. u 0 cy) ,Wj 0 0 > 0 m 0 m-a: E u cm L- = 8 0cy 0 < CL (6 it ='.. -S m cl -4� L:3 t g 4,m - 0 75 3: m 75 w u 0 a u J-J - w a) -,-0 W > cm'� E 0 C L rA 2 u 0 a E w- m Cl&--0 :3 >% c a 3: a) E W 0) C 0 0 0 0= > C W co 00 0 U CO C- >%0 = >- m (U., 0 0 r 0 jo (D"a a C m - a > , (3) 0 0.0 Cl- 0) c 46, >N; R� 10 75 �:'-e--, 0 0>� cO- W,*us M c -61 W CID 4-0 U 0 a co0 0 :3 M co 0 V) E m LL C 0 Q_ 0 C: > 0 M 0j, En <-Our 2 ol o c 0 m m M in .x(D E tM 0->%(n*"'- (n 4-00 0 u n CO (A CD 3.. (M W �W--.;. 0 u C �: 4 p,-1� a) �u 4; U) - = C tn c 0 E ro 12 r E U V)10 ag 0 M, - w M w- - M 0 CL 0 W a) m t� w >1 W 0 0 Cvx m CD c W V) w w-,,o 0(n.0 U 0 0 Z 10 a) E V;=- E U C C 0 n c: a 4- 0 M 3t 0' W 0 M 000 v a > E:5 0-r- (n Q) u a m E CJ IA (1) 0 z u m u U=) w (A u 0 (2) 0) 0 u luq ck: >1 u E a %.. u CL 'E 0 u 0 "= (n u 0 m ;> U 0 >, U U Z E 0) u <Q- C 0 a - iro M = '*%!S >1 0 E E a) m E 0 CL z 0 m 0.C-0 V) .0 CO 0 0(n U M 0 " a) E -E 0) M cl .0< > M to :3 Z). m =3 (2) >U I.- U ❑M 4-j 0 u u W 0 4� c M CL C: -0 Z CL 0)z- .0 cr. 5 w-o ck: L- co 0 -0 2 c: o -0- a W o 0 w L).9 4- m U:5.= (A 41 =j m (h a E 0 u (D M 0 0. A, V� 0 =1= 0) 0)< M 4.6 4) > C 0 L.: -- 0 u --j (6 m c zt 0 0 4- (3) U u 0 u (2) (1) -- >, 6 o r a a 0 L--== 0 a) U CL -: w 0 0- u +.0 4-J 0 0 0 - 6 > 0 0 4--& (3) V) m C: a LA (M -a - a) >.0 (D 0 A, W m R� >% 4) co a 0 Q) CL U-0 C-0 M C: 0 %-M -S V) a) W 0 w W = , , - 'r'-E-S-6 0 E < V) m CD to W tz W, ie a c 0 0 M (n ul 0 W 0 (D CT U Q) m CL�.- u p .0 C: U a- 0) V) o (D " > CL a) m -M w - 0) > a 0 4) E 0 W m :3 C: 1:5 M 0 0 c- a- 0 a 0 o FL E (n z E m Ai 0 0 CO E (n 0 M CL >1 C C 0 0 >%V) (n C u 10 M a C 70 (n V th C: a U Q) 0 0 W x 0 m a) 00 OL :3 > E 6 0 (n a CL 0) 0 :5 10 z h- - --n CD 0 '2 a , - = C m 0370 0 C m 0 0 W (MM CL (n E 0 0 CL 4 6. E m 5 Ln CL cn a) tM m = M 0- 0.2 cn 0 0 W 0 .0-0- 0+(6 0 "a c: 0 - co w E 0 5 2 c >.-r, u j 0 E 2 m rN >% E CO a W .0 w 15 W LL 4� -0 C:0 cl 4.0 0 in W (1) U U e-Z Q. M 0:5 C "0 4-& C a) E 0 :3 w cV-r ffi u .© 10 W C 0 W u M V)4- -A 0 U U u u a m a 0,0 0 E V) W 0 0 V) C).M <E (A CL (A u-E z CrM 10-0 0 0 M "o 0 5 0 '0 r- w-0 0. 0 .z (u W . W x- "- E Cl. `0 2� 0 CL CL- >1 U a U u 0 ;> w E 2 a V C: E vi 0 in 0-0 0)o V) 0 CD w W :5 o'o 0 c:-0 E Cr Ln 0 u E 10 V�W- > C: :3 L-z tf (A a) 0 Z 4) c V) =3 a.9 ;;p (n 0 o W u m 0 4) :3 0-0 .9-a 0 0) V) W co W 6. 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(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: Services,Rates and Charges Notice (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 progranuning services provided. (3) Every cable television operator shall fully disclose in writing all of its progranuning 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. (d) 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: Form of Bill (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 or complaints about the bill or to obtain a description of the subscriber's rights under 207 CMR 10.07 in the event of a billing dispute; (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; (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 101.03,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: Advance Billing and Issuance of Bill (1) In the absence of a license provision further limiting the period of advance billing,acable 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: Tillie g Due Dates, Delinquency, Late Char ge,sand Termination of Service (l) 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 received 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 urdess 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 subscribers 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 mechan'ism'recognized under 207 CMR 10.07. {d) Any charge for returned checks shall be reasonably related to the costs incurred by the cable company in processing such checks. 10.06: Char es for Disconnection or Downgrading of Service (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 prograrnrning 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. 10.07: Billing Disputes (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 disputed 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 Commissibn may proceed to resolve the dispute if all parties agree to submit the dispute to the Commission and be bound by the Commis'sion's decision and the Commission obtains a statement signed by the parties indicating that agreement. In resolving the dispute,the Commission may receive either written or oral statements from the parties, and may conduct its own investigation. The Commission shall then issue a decision based on the record and the parties shall receive written notification of the decision and a statement of reasons therefor. 10.08: Security Deposits (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 deposit held for six months or more,and such interest shall accrue from the date the deposit is made by the cable subscriber. Interest shall be paid annually by the cable operator to the cable subscriber,either as a direct payment or as a credit to the cable subscriber's account. (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 subscriber's account. REGULATORY AUTHORITY 207 CMR 1 Q.Q0: 47 U.S.C. 5527 M.C.L. c. 166A, 2A, 315(1), 10, 16 and 17. 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(.0 " , > - .4- .- (V M 0 0) : 0- (ZA A 3: 0 4- CL = E 0 m 0 0 = L) > CL v 0 z o (D a V) (D o o 0 > -3 = a) V) uli LL- z z .2 i Lu Q� 0 U) LO m LO (n a) m a) 01 yr ol Ln a) 0) a)m 0*) in cn A) C� ai cCV ai ty; ai 4 a)ai m oi '4 m m Loll, 4A- 4.0:"-bo'k 40c). *04 0 LU E CL V) 0 a m > u tD E u 0 V) m 4) 0 LL- .0 LU th :t-_ o M, 4D4 W (A (A Q) cn 0)(A milk 0) fu 2 CL CL 0 > CL 0 "0 CD �0- (A z u to, 0 = W -0 Ja CL, M W (v 1- 0) w w w E x : 0 . . . U) m 0) 0- m x ( 4- w u X 0 E V) m E 0 3: E E E E E 0 0 0 ot m rl.U- m V) a- d. I Ln u ('A CL a- Q- a_ 0- a- V) z U- z z EXHIBIT D I-NET TECHNICAL DESCRIPTION 18 EXHIBIT D INSTITUTIONAL NETWORK DESCRIPTION RCN Telecom Services of Massachusetts, LLC ("RCN")proposes to continue to provide the fiber optic cable strands that will be needed to establish an institutional network("I-NET") for the Town of Lexington (the "Town"). Two (2) single mode fiber optic strands will interconnect each of the buildings specified by the Town to the RCN hub location using a star network topology. These fibers will be used exclusively for the I-NET and may not be used by the Town to provide capacity to others without RCN's prior consent,which consent will not be unreasonably withheld. The proposed fiber optic strands can be configured to provide a variety of voice, video and data services depending on the type and configuration of the end equipment. The following paragraphs depict one configuration that could be used to provide video and data transmission capacity over the fiber optic cable. This conceptual design proposes extensive use of fiber strands to provide both video and data services to specified building locations. Two (2) single mode fibers will be terminated at each location requiring access to the I-NET. One fiber will be used for upstream transmission from the I-NET location to RCN's hub location. The second fiber will be used for downstream transmission. This second fiber may be optically split, and therefore shared, with an average of five (5)other locations on the I-NET. The two (2) fibers may be terminated in equipment that is specifically designed to carry video and data information. A laser at the hub site would be configured to support downstream bandwidth. A 100 percent fiber optic delivery system provides extremely high reliability and enhanced quality of signal. At the I-NET building location, the downstream fiber may terminate in a wall mounted optical receiver unit. This unit converts the optical into a signal that can be distributed throughout the building using standard coaxial distribution cable. The two (2) fibers will be a part of the RCN network bundle of fibers and included in the network sheath. This adds to the reliability of the I-NET. RCN welcomes the opportunity to assist the Town in developing effective equipment configurations for an I-NET that would support town needs. Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC CABLE TELEVISION RENEWAL LICENSE GRANTED TO RCN TELECOM SERVICES OF MASSACHUSETTS, LLC THE BOARD OF SELECTMEN TOWN OF LEXINGTON, MASSACHUSETTS JUNE 249 2019 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC TABLE OF CONTENTS Article/Section Page ARTICLE 1 DEFINITIONS.............................................................................................. 1 Section 1.1---DEFINITIONS.......................................................................................... 1 ARTICLE 2 GRANT OF RENEWAL LICENSE............................................................. 7 Section 2.1---GRANT OF RENEWAL LICENSE......................................................... 7 Section 2.2---TERM OF RENEWAL LICENSE ........................................................... 7 Section 2.3---NON-EXCLUSIVITY OF RENEWAL LICENSE.................................. 8 Section 2.4---POLICE AND REGULATORY POWERS.............................................. 8 Section 2.5---REMOVAL OR ABANDONMENT........................................................ 8 Section 2.6---TRANSFER OF THE RENEWAL LICENSE......................................... 8 Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION........................ 9 ARTICLE 3 SYSTEM DESIGN..................................................................................... 10 Section 3.1---SUBSCRIBER NETWORK................................................................... 10 Section 3.2---INSTITUTIONAL NETWORK............................................................. 10 Section 3.3---PARENTAL CONTROL CAPABILITY............................................... 12 Section 3.4---EMERGENCY ALERT OVERRIDE CAPACITY................................ 12 Section 3.5---SYSTEM TECHNICAL SPECIFICATIONS ........................................ 13 ARTICLE 4 CABLE SYSTEM LOCATION AND OPERATIONAL STANDARDS.. 14 Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS .................................. 14 Section 4.2---LOCATION OF CABLE TELEVISION SYSTEM............................... 14 Section 4.3---UNDERGROUND FACILITIES ........................................................... 14 Section 4.4---TREE TRIMMING................................................................................. 15 Section 4.5---RESTORATION TO PRIOR CONDITION .......................................... 15 Section 4.6---TEMPORARY RELOCATION ............................................................. 15 Section 4.7---DISCONNECTION AND RELOCATION............................................ 15 Section 4.8---SAFETY STANDARDS ........................................................................ 16 Section 4.9---PEDESTALS .......................................................................................... 16 Section 4.10---PRIVATE PROPERTY........................................................................ 16 Section 4.11---RIGHT TO INSPECTION OF SYSTEM............................................. 16 Section 4.12---CABLE SYSTEM MAPS..................................................................... 16 Section 4.13---SERVICE INTERRUPTION................................................................ 17 Section 4.14---SERVICE OUTAGE NOTIFICATION............................................... 17 Section 4.15---COMMERCIAL ESTABLISHMENTS ............................................... 17 Section4.16---"DIG SAFE" ......................................................................................... 17 11 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 5 SERVICES AND PROGRAMMING........................................................ 18 Section 5.1---BASIC SERVICE................................................................................... 18 Section 5.2---PROGRAMMING.................................................................................. 18 Section 5.3----LEASED CHANNELS FOR COMMERCIAL USE............................ 18 Section 5.4----VCR/DVR CABLE COMPATIBILITY............................................... 18 Section 5.5---SCRAMBLING...................................................................................... 18 Section 5.6---CONTINUITY OF SERVICE................................................................ 19 Section 5.7---FREE DROPS AND MONTHLY SERVICE TO PUBLIC BUILDINGS ....................................................................................................................................... 19 Section 5.8---FREE DROPS AND MONTHLY SERVICE TO PUBLIC SCHOOLS 19 Section 5.9---PROVISION OF INTERNET SERVICE TO THE TOWN.................oo 20 ARTICLE 6 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES AND SUPPORT......................................................................................... 21 Section 6.1---PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS........ 21 Section 6.2---PEG ACCESS CORPORATION ........................................................... 21 Section 6.3---PEG ACCESS CHANNELS.........o o o .......o o ...... ..... 22 Section 6.4---PEG ACCESS CHANNELS MAINTENANCE.................................... 22 Section 6.5---PEG ACCESS CABLECASTING ......................................................... 22 Section6.6---CENSORSHIP...........................o.........................................................._ 23 ARTICLE 7 LICENSE FEES.......................................................................................... 24 Section 7.1---LICENSE FEE PAYMENT.................................................................... 24 Section 7.2---PEG ACCESS/CABLE-RELATED FUNDING....................o o o o o o o o o..... 24 Section 7.3---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS ............... 25 Section 7.4---LATE PAYMENT.................................................................................. 25 Section 7.5---RECOMPUTATION.............................................................................. 25 Section 7.6---AFFILIATES USE OF SYSTEM........................................................... 26 Section 7.7---METHOD OF PAYMENT..................................................................... 26 ARTICLE 8 RATES AND CHARGES........................................................................... 27 Section 8.1---RATE REGULATION........................................................................... 27 Section 8.2---NOTIFICATION OF RATES AND CHARGES................................... 27 Section 8.3---PUBLICATION AND NON-DISCRIMINATION................................ 27 Section 8.4---CREDIT FOR SERVICE INTERRUPTION ......................................... 27 Section 8.5---SENIOR CITIZEN DISCOUNT ............................................................ 27 ARTICLE 9 INSURANCE AND BONDS...................................................................... 29 Section9.1---INSURANCE.......................................................................................... 29 Section 9.2---PERFORMANCE BOND............. o o o...... o o...... o o o..... 30 Section9.3---REPORTING.......................................................................................... 30 Section 9.4---INDEMNIFICATION............................................................................. 3 0 Section 9.5---NOTICE OF CANCELLATION OR REDUCTION OF COVERAGE 31 111 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 10 ADMINISTRATION AND REGULATION............................................ 32 Section 10.1---REGULATORY AUTHORITY........................................................... 32 Section 10.2---PERFORMANCE EVALUATION HEARINGS................................. 32 Section 10.3---INFORMATION & LIAISON REQUIREMENTS.............................. 32 Section 10.4---NONDISCRIMINATION..................................................................... 33 Section 10.5---EMERGENCY REMOVAL OF PLANT............................................. 33 Section 10.6---REMOVAL AND RELOCATION....................................................... 33 Section 10.7---JURISDICTION AND VENUE........................................................... 33 Section 10.8---LOCAL TAX INFORMATION........................................................... 34 ARTICLE 11 DETERMINATION OF BREACH, LIQUIDATED DAMAGES, LICENSEREVOCATION............................................................................................... 35 Section 11.1---DETERMINATION OF BREACH...................................................... 35 Section 11.2---LIQUIDATED DAMAGES ................................................................. 36 Section 11.3---REVOCATION OF THE RENEWAL LICENSE................................ 37 Section 11.4---TERMINATION................................................................................... 37 Section 11.5---NOTICE TO TOWN OF LEGAL ACTION........................................ 37 Section 11.6---NON-EXCLUSIVITY OF REMEDY.................................................. 37 Section 11.7---NO WAIVER-CUMULATIVE REMEDIES....................................... 38 ARTICLE 12 SUBSCRIBER RIGHTS AND CONSUMER PROTECTION................ 39 Section 12.1---PAYMENT CENTER........................................................................... 39 Section 12.2---TELEPHONE ACCESS ....................................................................... 39 Section 12.3—INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME...... 39 Section 12.4---FCC CUSTOMER SERVICE OBLIGATIONS................................... 40 Section 12.5---BUSINESS PRACTICE STANDARDS .............................................. 40 Section 12.6---COMPLAINT RESOLUTION PROCEDURES.................................. 41 Section 12.7---DAMAGE OR LOSS OF EQUIPMENT ............................................. 41 Section 12.8---REMOTE CONTROL DEVICES ........................................................ 41 Section 12.9---LOSS OF SERVICE-SIGNAL QUALITY.......................................... 42 Section 12.10---EMPLOYEE IDENTIFICATION CARDS........................................ 42 Section 12.11---PROTECTION OF SUBSCRIBER PRIVACY ................................. 42 Section 12.12---PRIVACY WRITTEN NOTICE ........................................................ 42 Section 12.13---MONITORING................................................................................... 43 Section 12.14---DISTRIBUTION OF SUBSCRIBER INFORMATION.................... 43 Section 12.15---INFORMATION WITH RESPECT TO VIEWING HABITS AND SUBSCRIPTION DECISIONS........................................................................... 44 Section 12.16---SUBSCRIBER'S RIGHT TO INSPECT AND VERIFY INFORMATION........................................................................................................... 44 Section 12.17---PRIVACY STANDARDS REVIEW ................................................. 44 iv Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 13 REPORTS, AUDITS AND PERFORMANCE TESTS ........................... 45 Section 13.1---GENERAL............................................................................................ 45 Section 13.2---FINANCIAL REPORTS ...................................................................... 45 Section 13.3---CABLE SYSTEM INFORMATION.................................................... 45 Section 13.4---IN-HOUSE TELEPHONE REPORTS................................................. 45 Section 13.5---SUBSCRIBER COMPLAINT/SERVICE INTERRUPTION REPORT ....................................................................................................................................... 46 Section 13.6---INDIVIDUAL COMPLAINT REPORTS............................................ 46 Section 13.7---PERFORMANCE TESTS.................................................................... 46 Section 13.8---QUALITY OF SERVICE..................................................................... 46 Section 13.9---DUAL FILINGS................................................................................... 47 Section 13.10---ADDITIONAL INFORMATION....................................................... 47 Section 13.11---INVESTIGATION.............................................................................. 47 ARTICLE 14 EMPLOYMENT....................................................................................... 48 Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY ....................................... 48 Section 14.2---NON-DISCRIMINATION................................................................... 48 ARTICLE 15 MISCELLANEOUS PROVISIONS......................................................... 49 Section 15.1---ENTIRE AGREEMENT....................................................................... 49 Section15.2---CAPTIONS........................................................................................... 49 Section 15.3---SEPARABILITY.................................................................................. 49 Section 15.4---ACTS OR OMISSIONS OF AFFILIATES.......................................... 49 Section 15.5---RENEWAL LICENSE EXHIBITS ...................................................... 49 Section 15.6---WARRANTIES .................................................................................... 49 Section 15.7---FORCE MAJEURE.............................................................................. 50 Section 15.8---REMOVAL OF ANTENNAS.....................o o o o o o o o o...........o o o o o o o o...........oo 50 Section 15.9---SUBSCRIBER TELEVISION SETS ................................................... 50 Section 15.10---APPLICABILITY OF RENEWAL LICENSE................................... 50 Section 15.11---NOTICES............................................................................................ 51 Section 15.12---NO RECOURSE AGAINST THE ISSUING AUTHORITY ............ 51 Section 15.13---TOWN'S RIGHT OF INTERVENTION............................................ 51 Section 15.14---TERM ................................................................................................. 51 V Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC LIST OF EXHIBITS EXHIBIT 1 FCC TECHNICAL SPECIFICATIONS........................................................ 2 EXHIBIT 2 GENERAL DESCRIPTION OF THE LEXINGTON I-NET ....................... 5 EXHIBIT 3 CURRENT INSTITUTIONAL NETWORK LOCATIONS......................... 6 EXHIBIT 4 DEDICATED FIBER LINK CONNECTIONS TO ACCESS STUDIO ...... 8 EXHIBIT 5 PROGRAMMING AND INITIAL SIGNAL CARRIAGE........................... 9 EXHIBIT 6 FREE DROPS AND MONTHLY SERVICE TO PUBLIC BUILDINGS . 10 EXHIBIT 7 FREE DROPS AND MONTHLY SERVICE TO SCHOOL BUILDINGS 11 EXHIBIT 8 GROSS ANNUAL REVENUES REPORTING FORM............................. 12 EXHIBIT 9 207 CMR 10.00 BILLING AND TERMINATION OF SERVICE.............. 13 EXHIBIT 10 FCC CUSTOMER SERVICE OBLIGATIONS........................................ 17 EXHIBIT 11 MASSACHUSETTS COMPETITION DIVISION FORM 500 ............... 21 V1 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC AGREEMENT This Cable Television Renewal License entered into this day of June, 2009, by and between the Board of Selectmen of the Town of Lexington, Massachusetts, as Issuing Authority for the renewal of the cable television license(s) pursuant to M.G.L. c. 166A, and RCN Telecom Services of Massachusetts, LLC ("RCN). WITNES SETH WHEREAS, the Issuing Authority of the Town of Lexington, Massachusetts, pursuant to M.G.L. c. 166A, is authorized to grant one or more nonexclusive cable television renewal licenses to construct, operate and maintain a Cable Television System within the Town of Lexington; and WHEREAS, the Issuing Authority conducted a public ascertainment hearing in the Town, on June 18, 2018 and June 20, 2019, pursuant to Section 626(a) of the Cable Act, to (1) ascertain the future cable-related community needs and interests of Lexington, and (2) review the performance during the current license term. NOW THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound, the parties agree as follows: vii Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 1 DEFINITIONS Section 1.1---DEFINITIONS For the purpose of this Renewal License, the following words, terms, phrases and their derivations shall have the meanings given herein, unless the context clearly requires a different meaning. When not inconsistent with the context, the masculine pronoun includes the feminine pronoun, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory. (1) Access: The right or ability of any Lexington resident and/or any persons affiliated with a Lexington institution to use designated facilities, equipment and/or channels of the Cable Television System, subject to the conditions and procedures established for such use. (2) Access Channel: A video channel which the Licensee shall make available, without charge, for the purpose of transmitting programming by members of the public, Town departments and agencies, public schools, educational, institutional and similar organizations. (3) Access Corporation: The entity, designated by the Issuing Authority from time to time, for the purpose of operating and managing the use of public, educational and governmental access funding, equipment and channels on the Cable Television System. (4) Access Studio: The studio, operated by the Issuing Authority or its designated Access Corporation, from which Public, Educational and Governmental programming is provided to the designated Access Channels on the Cable Television System. The Access Studio is currently located at 1001 Main Campus Drive (Kline Hall), Lexington, MA. (5) Affiliate or Affiliated Person: Another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person. (6) Basic Service: Any service tier that includes the retransmission of local television broadcast signals. (7) CMR: The Code of Massachusetts Regulations. (8) Cable Communications Act (the "Cable Act"): Public Law No. 98-549, 98 Stat. 2779 (1984) (the Cable Communications Policy Act of 1984), as amended by Public Law No. 102-3 85, 106 Stat. 1460 (1992) (the Cable Television Consumer Protection and Competition Act of 1992 (the "1992 Cable Act"), as further amended by Public Law No. 104-45 8, 110 Stat. 110 (1996) (the Telecommunications Act of 1996). 1 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (9) Cable Division: The Cable Television Division of the Massachusetts Department of Telecommunications and Cable. (10) 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. (11) 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. (12) Commercial Subscriber: A commercial, non-residential Subscriber to Cable Television Service. (13) Communications Advisory Committee ("CAC"): The Town's cable advisory committee 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. (14) Complaint: Any written or verbal contact with the Licensee in connection with subscription in which a Person expresses dissatisfaction with an act, omission, product or service that is (1) within the Licensee's control, and(2) requires a corrective measure on the part of the Licensee. (15) Converter: Any device altering a Signal coming to a Subscriber. A Subscriber Converter may expand reception capacity and/or unscramble coded Signals distributed over the Cable System. (16) Department of Public Works ("DPW"): The Department of Public Works of the Town of Lexington, Massachusetts. (17) Downstream Channel: A channel over which Signals travel from the Cable System Headend to an authorized recipient of programming. (18) Drop or Cable Drop: The cable that connects each home or building to the feeder line of the Cable System. (19) Educational Access Channel: A specific channel(s) on the Cable System made available by the Licensee to educational institutions and/or educators wishing to present non-commercial educational programming and information to the public. (20) Effective Date of Renewal License (the "Effective Date"): July 1, 2019. 2 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (21) FCC: The Federal Communications Commission, or any successor agency. (22) Feeder Line: A branch off one of the Town-wide distribution cable trunks that feeds a small area or neighborhood. (23) Geographic Information System ("GIS"): A computer-based system that incorporates storage of mapping and feature location data for a geographical area and analysis and display of this data as requested by a user. (24) 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. (25) Gross Annual Revenues: All revenues derived by the Licensee and/or its Affiliates 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; all revenues from Subscribers to the Licensee's streaming video services; 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 ("Fee-on-Fee"); 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 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. (26) 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. 3 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (27) High Definition ("HD") PEG Access Channel: A PEG Access Channel in the high definition display format for digital television transmissions with video transmitted in a 16:9 aspect ratio with a resolution of 720p. (28) Hub or Hub Site: A sub-Headend,used either for the purpose of(1) Signal processing or switching, or(n)placement of a fiber node,microwave link or transportation super trunk. (29) Institutional Network ("I-Net"): The dedicated fiber-optic network for the use of the Issuing Authority, its designees and Town departments. (30) Internet: The world-wide system of interconnected computer networks. (31) Issuing Authority: The Board of Selectmen of the Town of Lexington, Massachusetts. (32) Leased Channel or Leased Access: A video channel that the Licensee shall make available pursuant to Section 612 of the Cable Act. (33) License Fee or Franchise Fee: The payments to be made by the Licensee to the Town of Lexington, which shall have the meaning as set forth in Section 622(g) of the Cable Act and M.G. L. Chapter 166A. (34) Licensee: RCN Telecom Services of Massachusetts, LLC or any successor or transferee in accordance with the terms and conditions in this Renewal License. (35) Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers. In all cases, Normal Business Hours must include some evening hours at least one (1)night per week and/or some weekend hours. (36) Origination Capability An activated cable and connection to an Upstream Channel, allowing a User(s)to transmit a Signal(s)upstream to a designated location. (37) Outlet: An interior receptacle that connects Subscriber or User equipment to the Cable System or the I-Net. (38) Pay Cable or Premium Services: Programming delivered for a fee or charge to Subscribers on a per-channel basis. (39) Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a per-program or per-event basis. (40) Pedestal: An environmental protection unit used in housing Cable Television System isolation units and/or distribution amplifiers. 4 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (41) PEG: The acronym for "public, educational and governmental," used in conjunction with Access Channels, support and facilities. (42) PEG Access Channels: Any channel(s) made available for the presentation of PEG Access Programming. (43) Person: Any corporation, partnership, limited partnership, association, trust, organization, other business entity, individual or group of individuals acting in concert. (44) Prime Rate: The prime rate of interest at Bank of America. (45) Public Access Channel: A specific channel(s) on the Cable System made available by the Licensee for the use of Lexington residents and/or organizations wishing to present non- commercial programming and/or information to the public. (46) Public Way or Street: The surface of, as well as the spaces above and below, any and all public streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parks,parkways, waterways,bulkheads, piers, dedicated public utility easements, and public grounds or waters and all other publicly owned real property within or belonging to the Town, now or hereafter existing. Reference herein to "Public Way" or "Street" shall not be construed to be a representation or guarantee by the Town that its property rights are sufficient to permit its use for any purpose, or that the Licensee shall gain or be permitted to exercise any rights to use property in the Town greater than those already possessed by the Town. (47) Renewal License: The non-exclusive Cable Television Renewal License to be granted to the Licensee by this instrument. (48) Scrambling/encoding: The electronic distortion of a Signal(s) in order to render it unintelligible or not receivable without the use of a Converter, or other Licensee-enabled decoding device. (49) Service: Any Basic Service, any Pay Cable Service, which is offered to any Subscriber in conjunction with, or which is distributed over,the Cable System. (50) Signal: Any transmission of electromagnetic or optical energy that carries programming from one location to another. (51) Standard Definition (SD) PEG Access Channel: A PEG Access Channel in the standard definition display format for digital television transmissions with video transmitted in a 4:3 aspect ratio with a resolution of 4801. (52) State: The Commonwealth of Massachusetts. (53) Subscriber: Any Person, firm, corporation or other entity who or which elects to subscribe to, for any purpose, a Service provided by the Licensee by means of, or in connection with,the Cable Television System. 5 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (54) Subscriber Network: The minimum 860 MHz network to be owned and operated by the Licensee, over which Signals can be transmitted to Subscribers. (55) Town: The Town of Lexington, Massachusetts. (56) Town Counsel: The Town Counsel of the Town of Lexington,Massachusetts. (57) Town Headend: A location within the Town of Lexington where local I-Net switching and I-Net to Internet communications switching are performed, currently located at the Samuel Hadley Public Services Building at 201 Bedford Street in Lexington MA. (58) Trunk and Distribution System: That portion of the Cable System for the delivery of Signals,but not including Drop cables to Subscriber's residences. (59) Upstream Channel: A channel over which Signals travel from an authorized location to the Cable System Headend. (60) 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. (61) Video Programming or Programming: Programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 6 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 2 GRANT OF RENEWAL LICENSE Section 2.1---GRANT OF RENEWAL LICENSE Pursuant to the authority of Chapter 166A of the General Laws of the Commonwealth of Massachusetts, and subject to the terms and conditions set forth herein, the Board of Selectmen of the Town of Lexington, Massachusetts, as the Issuing Authority of the Town, hereby grants a non-exclusive cable television renewal license to the Licensee authorizing the Licensee to lawfully operate and maintain a Cable Television System within the corporate limits of the Town of Lexington. This Renewal License is subject to the terms and conditions contained in Chapter 166A of the laws of Massachusetts, as amended; the regulations of the FCC; the 1984 Cable Act; the 1992 Cable Act; and all lawful Town, State and federal statutes and by-laws of general application. Subject to the terms and conditions herein, the Issuing Authority hereby grants to the Licensee the right to lawfully operate and maintain a Cable Television System in, under, over, along, across or upon the Streets, lanes, avenues, alleys, sidewalks, bridges, highways and other public places under the jurisdiction of the Town of Lexington within the municipal boundaries and subsequent additions thereto, including property over, under or on which the Town has an easement or right-of-way, for the purpose of reception, transmission, collection, amplification, origination, distribution, and/or redistribution of Signals in accordance with the laws of the United States of America, the Commonwealth of Massachusetts and the Town of Lexington. In exercising rights pursuant to this Renewal License, the Licensee shall not endanger or interfere with the lives of Persons, interfere with any installations of the Town, any public utility serving the Town or any other Persons permitted to use Public Ways and places. Grant of this Renewal License does not establish 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 regulations of the Department of Public Works ("DPW") and any special laws or Town ordinances enacted hereafter. Section 2.2---TERM OF RENEWAL LICENSE The term of this Renewal License shall be a ten (10) year term, commencing on July L 2019 and expiring on June 30, 2029, unless sooner terminated as provided herein or surrendered. 7 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 2.3---NON-EXCLUSIVITY OF RENEWAL LICENSE This Renewal License shall not affect the right of the Issuing Authority to grant to any other Person a license or right to occupy or use the streets, or portions thereof, for the construction, upgrade, installation, operation or maintenance of a cable television system within the Town of Lexington; or the right of the Issuing Authority to permit the use of the Public Ways and places of the Town for any purpose whatsoever. The Licensee hereby acknowledges the Issuing Authority's right to make such grants and permit such uses. The issuance of additional license(s) shall be subject to applicable federal law(s), M.G.L. Chapter 166A and applicable regulations promulgated thereunder. Section 2.4---POLICE AND REGULATORY POWERS By executing this Renewal License, the Licensee acknowledges that its rights are subject to the powers of the Town to adopt and enforce general by-laws necessary to the safety and welfare of the public. The Licensee shall comply with all DPW regulations and any by-laws enacted by the Town. Any conflict between the terms of this Renewal License and any present or future lawful exercise of the Town's police and regulatory powers shall be resolved in favor of the latter; provided, however, that in the event of a dispute hereto, the parties agree to meet and negotiate in order to resolve such dispute in good faith. If reasonable negotiations to resolve such dispute are not successful, the parties agree to submit such dispute to a forum of appropriate jurisdiction. Section 2.5---REMOVAL OR ABANDONMENT Subject to Section 3.2(o) infra, upon termination of this Renewal License by passage of time or otherwise, and unless (1) the Licensee has renewed its Renewal License for another renewal term or (2) the Licensee transfers the Cable Television System to a transferee approved by the Issuing Authority, the Licensee shall remove all of its supporting structures, poles, transmission and distribution systems, and all other appurtenances from the Public Ways and places and shall restore all areas to their original condition. If such removal is not complete within six (6) months after such termination, the Issuing Authority may deem any property not removed as having been abandoned and may dispose of any such property in any way or manner it deems appropriate. Section 2.6---TRANSFER OF THE RENEWAL LICENSE (a) Pursuant to M.G.L. c. 166A, Section 7, neither this Renewal License, nor control thereof, shall be transferred, assigned or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any 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. Such consent shall be given only after a hearing upon a written application therefor on forms as may be prescribed by the FCC and/or the Competition Division. An application for consent to a transfer or assignment, if required, shall be signed by the Licensee and by the proposed 8 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC transferee or assignee or by their representatives, evidence of whose authority shall be submitted with the application. (b) In considering a request to transfer control of this Renewal License, the Issuing Authority may consider such factors as the transferee's management experience, technical expertise, financial capability, and legal ability to operate a cable system under the existing license, and any other criteria allowable under law. (c) The consent or approval of the Issuing Authority to any assignment or transfer of this Renewal License granted to the Licensee shall not constitute a waiver or release of the rights of the Town in and to the streets and Public Ways or any other rights of the Town under this Renewal License, and any such transfer shall, by its terms, be expressly subordinate to the terms and conditions of this Renewal License. (d) The Licensee shall promptly notify the Issuing Authority of any action requiring the consent of the Issuing Authority pursuant to this Section 2.6. (e) Unless otherwise allowed by applicable law(s), the Issuing Authority shall make a decision on said written application for transfer within one hundred twenty(120) days of receipt of said application for transfer. After 120 days, the application shall be deemed approved, unless said 120-day period is extended by mutual consent of the parties. (f) The Licensee shall submit to the Issuing Authority an original and five (5) copies, unless otherwise directed, of the application and FCC Form 394 requesting such transfer or assignment consent. (g) The consent of the Issuing Authority shall be given only after a public hearing to consider the written application for transfer. (h) Any proposed controlling or owning Person or transferee approved by the Issuing Authority shall be subject to all of the terms and conditions contained in this Renewal License. Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION (a) Any transfer of the Cable System without complying with Section 2.6 above shall be null and void, and shall be deemed a material breach of this Renewal License. (b) If the Issuing Authority denies its consent to any such action and a transfer has nevertheless occurred, the Issuing Authority may revoke and terminate this Renewal License in accordance with the provisions of Section 11.1 infra. (c) The grant or waiver of any one or more of such consents shall not render unnecessary any subsequent consent or consents, nor shall the grant of any such consent constitute a waiver of any other rights of the Town. 9 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 3 SYSTEM DESIGN Section 3.1---SUBSCRIBER NETWORK (a) The Licensee shall continue to own, operate, maintain and make available to all residents of the Town a digital Subscriber Network. The Licensee shall activate and program a minimum of one hundred and ten (110) unduplicated Downstream Channels (excluding broadcast network affiliate duplications) on the Subscriber Network including the PEG Access Channels. (b) 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. (c) The Licensee shall transmit all of its Signals to Lexington Subscribers with closed captioning, provided that such Signals are available and furnished to the Licensee with closed captioning (d) The Subscriber Network shall provide advanced television and high-definition television Signals, when available to the Licensee. Section 3.2---INSTITUTIONAL NETWORK (a) The Licensee shall continue to operate and maintain, at its sole cost and expense, its fiber-optic Institutional Network ("I-Net") for the exclusive use of the Town, the Issuing Authority and/or its designees, which I-Net has significant value to the Town. (b) The I-Net shall comply in all respects with the "General Description of the Lexington Institutional Network", including equipment specified therein, attached hereto as Exhibit 2 and made a part hereof. (c) The Licensee shall maintain and replace in a timely manner all equipment that is part of the I-Net without any charge(s) to the Issuing Authority, the Town and/or Subscribers. The Town shall maintain and replace any end-user equipment that it owns and operates. (d) An upstream fiber and a downstream fiber shall connect each of the locations specified in Exhibit 3 ("Current Institutional Network Locations") to the Licensee's Hub location using a star network topology. (e) The I-Net shall be capable of providing voice, video and data services between any I-Net locations specified in Exhibit 3, and any future locations identified and designated to be I-Net locations by the Issuing Authority, whether such sites are owned, leased, rented, or otherwise occupied by the Town. The Licensee shall 10 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC provide professional assistance to the Town in order to facilitate video and data transmission capacity over the I-Net. Designated Users shall be able to transmit to other users using a modulator and/or other necessary equipment. (f) The Licensee shall respond to the Town within two (2) hours of notification from the Town of an I-Net service problem. (g) The Licensee shall provide the Town with contact information, including telephone numbers, for the Town to reach the Licensee's technical staff. (h) Subject to the availability of fiber in the existing network, the Licensee shall add additional locations to the I-Net as requested by the Town. (1) If the requested location is aerial and within two hundred fifty feet (250') of the Licensee's Trunk and Distribution System, the connection shall be made at no cost to the Town, and in accordance Section 3.2(h) (iv) below. (11) If the requested location is either underground or an aerial drop that is further than two hundred fifty feet (250') from the Licensee's Trunk and Distribution System, the Licensee shall provide a written estimate to the Town for the cost of making the connection, within thirty (30) days of receipt of such request from the Town. If the Town accepts the estimate, the Licensee shall make the connection, in accordance with the timeframes described in Section 3.2(h) (iv) below effective with the Town's acceptance of the written estimate and bill the Town for the cost upon completion of the connection (111) Construction, installation and activation of additional designated Drops and Outlets shall be completed within sixty(60) days of designation by the Issuing Authority, for aerial Drops, and within one hundred twenty (120) days of designation by the Issuing Authority, for underground Drops, weather permitting, or such later date as may be reasonably and mutually agreed upon by the parties. The Licensee shall discuss the location of each connection with the appropriate officials in each of the I-Net Locations designated to receive a Drop or Outlet, prior to the installation of such Drop or Outlet. The Issuing Authority shall designate such officials in writing to the Licensee. (iv) In obtaining additional I-Net connections, neither the Town and/or the Issuing Authority and/or the Licensee's Lexington Cable Television Subscribers shall incur any costs resulting from the Licensee's replacement of its Lexington Hub with service from a remote location, including, but not limited to, any costs resulting from any modifications(s) and/or reconfiguration(s) of the Licensee's Lexington Trunk and Distribution System that the Licensee made in support of such Hub replacement. Any such costs for additional I-Net connections shall otherwise continue to be consistent with Section 3.2(h)(i)-(iii) above. 11 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (1) The Town shall have the right hereto to use the I-Net for any non-commercial purposes whatsoever, including, but not limited to, carrying Internet Service(s) from third parties on the I-Net for the Town's internal use only, without charges of any kind levied by the Licensee. 0) The Licensee shall continue to provide to the Town dedicated fiber links between the Access Studio at Kline Hall, 1001 Main Campus Drive in Lexington MA, and specified locations within Lexington(See Exhibit 5) (k) Nothing in this Section 3.2, or elsewhere in this Renewal License, shall prevent the Issuing Authority from allowing an Access Corporation(s) to use one (1) or more I-Net channels. (1) The Licensee shall have the sole responsibility for maintaining the I-Net for the term of this Renewal License, except for equipment not directly under its control or ownership. The Licensee shall be responsible for all necessary inspections and performance tests of the I-Net. Scheduled tests shall be performed at least approximately once every six (6) months. Test results shall be submitted to the I-Net Administrator. (m) The I-Net shall be operated in compliance with applicable FCC Technical Specifications as may be amended from time to time. In the event that there are technical problems with the I-Net, excluding any devices, hardware or software not under the control or ownership of the Licensee and installed by the Town or other User, the Licensee shall resolve the technical problem promptly. Should the problem continue, the Issuing Authority and the Licensee shall meet to discuss a resolution of such problem. The Issuing Authority shall have the right to reasonably request a performance test of the I-Net, should such problems persist. The Licensee shall initiate such performance tests within seven (7) days of any such request, and correct the problem within seven (7) days and submit the results to the Issuing Authority promptly, unless the Licensee notifies the Issuing Authority, in writing, that such correction cannot be completed with such seven (7) day period. (n) There shall be no charges to the Issuing Authority or the Town for I-Net operational, maintenance, repair and/or replacement costs. Section 3.3---PARENTAL CONTROL CAPABILITY The Licensee shall provide, upon request, Subscribers with the capability to control the reception of any channels being received on their television sets. Section 3.4---EMERGENCY ALERT OVERRIDE CAPACITY The Subscriber Network shall comply with the FCC's Emergency Alert System ("EAS") regulations. 12 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 3.5---SYSTEM TECHNICAL SPECIFICATIONS The system design of the Cable Television System, pursuant to Sections 3.1 and 3.2 herein, shall conform to the technical specifications contained in Exhibit 1 attached hereto and made a part hereof. At all times throughout this Renewal License, the Licensee shall meet all applicable FCC technical standards. 13 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 4 CABLE SYSTEM LOCATION AND OPERATIONAL STANDARDS Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS (a) The Licensee shall continue to make the Licensee's Cable Service available to all residents of the Town, unless legally or otherwise prevented from doing so by factors outside of the Licensee's control, including, but not limited to, denial of access by owners of private property or multiple dwelling units. (b) Installation charges shall be non-discriminatory, except that an additional charge for time and materials may be made for customized installation within a Subscriber's residence or except when the Licensee is engaged in marketing promotions. (c) Any dwelling unit within one hundred fifty feet (150') of existing Cable System plant shall be entitled to a standard aerial installation rate. Any aerial installation greater than 150' shall be provided at the Licensee's actual cost, plus profit, if allowable by applicable law(s) or regulation(s), including the cost for system design changes to extend the cable plant to within 150' of the dwelling unit. Any underground installation shall be provided at the Licensee's actual cost. (d) The Licensee's obligation to extend its Cable Television System to homes in underground areas of the Town shall be limited to those homes in which the Licensee's cost of construction is no greater than Seven Hundred Fifty Dollars ($750.00) per home, unless prospective Subscribers within said Public Ways or Streets agree to pay additional costs in excess of said amount of$750.00. Section 4.2---LOCATION OF CABLE TELEVISION SYSTEM The Licensee shall operate, upgrade and maintain the Cable Television System within the Town of Lexington. Poles, towers and other obstructions shall be erected so as not to interfere with vehicular or pedestrian traffic over Public Ways and places. The erection and location of all poles, towers and other obstructions shall be in accordance with all applicable state and local laws and regulations. Section 4.3---UNDERGROUND FACILITIES In the areas of the Town having telephone lines and electric utility lines underground, whether required by law or not, all of the Licensee's lines, cables and wires shall be underground. At such time as these facilities are placed underground by the telephone and electric utility companies at their sole cost and expense or are required to be placed underground by the Town at the sole cost and expense of such telephone and electric utility companies, the Licensee shall likewise place its facilities underground at no cost to the Issuing Authority and/or any Town departments. Underground cable lines shall be placed beneath the pavement subgrade in compliance with applicable 14 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Town by-laws, rules, regulations and/or standards. It is the policy of the Town that existing poles for electric and communication purposes should be utilized wherever possible and that underground installation is preferable to the placement of additional poles. Section 4.4---TREE TRIMMING In the installation of amplifiers, poles, other appliances or equipment and in stringing of cables and/or wires as authorized herein, the Licensee shall avoid all unnecessary damage and/or injury to any and all shade, ornamental and other trees in and along the streets, alleys, Public Ways and places, and private property in the Town. The Licensee shall be subject to M.G.L. Chapter 87 and shall comply with all rules established by the Issuing Authority or its designee(s) during the term of this Renewal License. All tree and/or root trimming and/or pruning provided for herein shall be done pursuant to appropriate regulations of the Town. The Licensee may not trim and/or prune any trees belonging to the Town without the advance notification of the DPW. Section 4.5---RESTORATION TO PRIOR CONDITION Whenever the Licensee takes up or disturbs any pavement, sidewalk or other improvement of any Public Way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the Licensee fails to make such restoration within a reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs and shall notify the Licensee in writing of the restoration and repairs required and the time fixed for performance thereof. Upon failure of the Licensee to comply within the specified time period, the Issuing Authority may cause proper restoration and repairs to be made and the reasonable expense of such work shall be paid by the Licensee upon demand by the Issuing Authority. Section 4.6---TEMPORARY RELOCATION The Licensee shall temporarily raise or lower its wires or other equipment upon the reasonable request of any Person, including without limitation, a Person holding a building moving permit issued by the Town. The expense of such raising or lowering shall be paid by the Licensee, unless otherwise required or permitted by applicable law. The Licensee shall be given reasonable notice necessary to maintain continuity of service. Section 4.7---DISCONNECTION AND RELOCATION The Licensee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the 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. 15 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 4.8---SAFETY STANDARDS The Licensee shall construct, upgrade, install, operate, maintain and remove the Cable Television System in conformance with Occupational Safety and Health Administration regulations, the Massachusetts Electrical Code, the National Electrical Code, the National Electrical Safety Code, the National Television Standards Code, the rules and regulations of the FCC, all State and local laws, and all land use restrictions as the same exist or may be amended hereafter. Section 4.9---PEDESTALS In any cases in which Pedestals housing passive devices are to be utilized, in Town Public Ways or within the Town public lay-out, such equipment must be installed in accordance with applicable regulations of the Town; provided, however, that the Licensee may place active devices (amplifiers, line extenders, power supplies, etc.) in a low-profile electronic control box at Town approved locations to be determined when the Licensee applies for a permit. All such equipment shall be shown on the Cable System maps submitted to the Town in accordance with Section 4.12 infra. In the event that the Licensee is no longer using any such Pedestals for the provision of Cable Service(s), the Licensee shall expeditiously remove any such Pedestals from the Public Way(s). Section 4.10---PRIVATE PROPERTY The Licensee shall be subject to all laws, by-laws or regulations regarding private property in the course of constructing, upgrading, installing, operating and maintaining the Cable Television System in the Town. The Licensee shall promptly repair or replace all private property, real and personal, damaged or destroyed as a result of the construction, upgrade, installation, operation or maintenance of the Cable Television System at its sole cost and expense. Section 4.11---RIGHT TO INSPECTION OF SYSTEM (a) The Issuing Authority or its designee(s) shall have the right to inspect the Cable System and to make such inspections as it shall deem necessary to ensure compliance with the terms and conditions of this Renewal License and all other applicable law. Any such inspection shall not interfere with the Licensee's operations, except in emergency situations. (b) Any inspections conducted by the Town shall be at the sole cost and expense of the Town and shall have the prior written approval of the Licensee. Unless otherwise mutually agreed upon, the Town shall give at least thirty (30) days prior notification to the Licensee of its intention to conduct any inspection. The Licensee shall be afforded the opportunity to be present during all such inspecting. Section 4.12---CABLE SYSTEM MAPS (a) Upon request, the Licensee shall continue to file with the Issuing Authority or its designee(s) strand maps of the "as built" Cable System plant, on paper and as computer files in Geographic Information System (GIS) compatible format. If changes are made in the Cable System, the Licensee shall file with the Town updated 16 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC strand maps annually, not later than fifteen (15) days after each anniversary of the Effective Date of this Renewal License, in the formats specified above. (b) Upon request, the Licensee shall continue to allow the Issuing Authority and/or its designee(s) to view "as-built" maps of the Cable System at a location that is mutually agreeable to the Issuing Authority and the Licensee. Section 4.13---SERVICE INTERRUPTION Except where there exists an emergency situation necessitating a more expeditious procedure, the Licensee may interrupt Service for the purpose of repairing or testing the Cable Television System only during periods of minimum use and, if practical, only after a minimum of twenty-four(24) hours notice to all affected Subscribers. Section 4.14---SERVICE OUTAGE NOTIFICATION When notified of a meeting and upon request, the Licensee shall explain service outages in the Town to the Communications Advisory Committee at its regularly scheduled meetings. Service outages are defined in Section 12.4(d) infra. Section 4.15---COMMERCIAL ESTABLISHMENTS The Licensee shall be required to make Cable Service(s) available to any commercial establishments in the Town provided that said establishment(s) agrees to pay for installation and monthly subscription costs as established by the Licensee. Section 4.16---"DIG SAFE" The Licensee shall comply with all applicable "dig-safe" provisions, pursuant to Massachusetts General Laws Chapter 82, Section 40. 17 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 5 SERVICES AND PROGRAMMING Section 5.1---BASIC SERVICE The Licensee shall provide Basic Service that shall include all Signals, including the downstream PEG Access Channels, which are required to be carried by a cable television system serving the Town pursuant to applicable federal statute or regulation. Section 5.2---PROGRAMMING (a) Pursuant to Section 624 of the Cable Act, the Licensee shall maintain the mix, quality and broad categories of Programming set forth in Exhibit 5, attached hereto and made a part hereof. Pursuant to applicable federal law, all Programming decisions, including the Programming listed in Exhibit 5, attached hereto, are at the sole discretion of the Licensee. (b) The Licensee shall provide the Issuing Authority and all Subscribers with notice of its intent to substantially change the Lexington programming line-up at least thirty (30) days before any such change is to take place. The Licensee shall also provide Subscribers with a channel line-up card or other suitable marker indicating the new channel line-up. Section 5.3----LEASED CHANNELS FOR COMMERCIAL USE Pursuant to Section 612 (b)(1)(B) of the Cable Act, the Licensee shall make available channel capacity for commercial use by Persons unaffiliated with the Licensee. Section 5.4---CABLE COMPATIBILITY The Licensee shall continue to maintain equipment compatibility in accordance with applicable law and regulation. Section 5.5---SCRAMBLING (a) Pursuant to applicable law, the Licensee shall not Scramble or otherwise encode, in any manner or form, for the entire term of this Renewal License, any of the PEG Access Channels. For purposes of this Section 5.5(a), "off-the-air Signals" shall mean any local broadcast television Signals received at the Licensee's Headend without the aid of any intervening relay device or receiving dishes. For purposes of this section, the word "local" shall have the meaning as defined by applicable law and/or regulation. (b) The Licensee reserves its rights to Scramble or otherwise encode any cable channel(s), except for the channels discussed in paragraph (a) above, as is reasonably 18 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC necessary, in the Licensee's judgment, to protect the Licensee from unauthorized reception of its Signals. Section 5.6---CONTINUITY OF SERVICE It shall be the right of all Subscribers to receive Service insofar as their financial and other obligations to the Licensee are honored; provided, however, that the Licensee shall have no obligation to provide Service to any Person who or which the Licensee has a reasonable basis to believe is utilizing an unauthorized Converter and/or is otherwise obtaining any Cable Service without required payment thereof. The Licensee shall ensure that all Subscribers receive continuous, uninterrupted Service, except for necessary Service interruptions or as a result of Cable System or equipment failures. When necessary, if Service interruptions can be anticipated, the Licensee shall notify Subscribers of such interruption(s) in advance. Section 5.7---FREE DROPS AND MONTHLY SERVICE TO PUBLIC BUILDINGS (a) The Licensee shall continue to provide, install and maintain a free Subscriber Cable Drop and Outlet(s) and the monthly Basic Service to all police and fire stations, public libraries and other public buildings included in Exhibit 6, attached hereto and made a part hereof, and any other public buildings as designated by the Issuing Authority. The Licensee shall coordinate the location of each Drop with each of the aforementioned institutions newly receiving Service. There shall be no costs to the Town or any designated institution for the installation and provision of monthly Cable Service and related maintenance. (b) The Licensee shall discuss the location of each Drop and/or Outlet with the proper officials in each of the buildings and/or institutions entitled to such a Drop or Outlet, prior to any such installation. (c) Each Drop or Outlet shall be provided with a digital set top box or cablecard(s), as appropriate to receiving equipment at the site. (d) The Licensee shall install any such Drop and/or Outlet within sixty (60) days of any such request(s) from the Issuing Authority, weather conditions permitting, at the Licensee's sole cost and expense. The exact locations of said Drops and/or Outlets shall be designated in advance by the Issuing Authority or its designee(s). Section 5.8---FREE DROPS AND MONTHLY SERVICE TO PUBLIC SCHOOLS (a) The Licensee shall continue to provide one (1) free Subscriber Cable Drop with one (1) Outlet and monthly Basic Service to all public schools listed in Exhibit 7, attached hereto and made a part hereof, including service to all classrooms currently wired. (b) The exact locations of said Drops and Outlets shall be designated by the School Department, at the Licensee's sole cost and expense. The Licensee shall discuss the 19 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC location of each Drop and/or Outlet with the proper officials in each of the school buildings entitled to such a Drop or Outlet, prior to any such installation. (c) Each Drop or Outlet shall be provided with a digital set top box or cablecard(s), as appropriate to receiving equipment at the site. (d) The Licensee shall install any such Drop and/or Outlet within sixty (60) days of any such request(s) from the Issuing Authority, weather conditions permitting, at the Licensee's sole cost and expense. The exact locations of said Drops and/or Outlets shall be designated in advance by the Issuing Authority or its designee(s). Section 5.9---PROVISION OF INTERNET SERVICE TO THE TOWN (a) Within thirty (30) days of the written request by the Issuing Authority, the Licensee shall provide the Town with one gigabit (I Gb) symmetrical, full duplex Internet connection. (b) The points of presence in the Town may be located at separate points of the I-Net as specified by the Town. During the course of this renewal license the Issuing Authority may reasonably request that one or more points of presence be moved to other points of the I-Net. This service shall be provided at no cost to the Town for the entire term of this Renewal License. (c) The Licensee shall continue to provide the fifty (50) Mbps symmetrical, full duplex connection as provided in the Renewal License dated June 22, 2009. (d) The Licensee shall continue to respond to the Town within two (2) hours of notification by the Town of failure of the Internet service. (e) Subject to American Registry of Internet Numbers regulations and policies, the Licensee shall provide the Town with approximately sixty-four (64) additional static Internet Protocol addresses allowing external Internet Users to access the I-Net based on the Town providing a justifiable need for such allocation(s). Such additional static Internet Protocol addresses shall be provided by the Licensee at no cost to the Issuing Authority and/or the Town. (f) On the Effective Date of this Renewal License, the Licensee shall provide the Town with Domain-Name-Service ("DNS"). 20 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 6 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES AND SUPPORT Section 6.1---PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS The Issuing Authority or its designated Access Corporation shall be responsible for the provision of public, educational and governmental ("PEG") Access Programming to Subscribers, pursuant to the provisions of this Article 6 herein. Section 6.2---PEG ACCESS CORPORATION (a) The Issuing Authority reserves the right to organize and develop an Access Corporation, to provide programming, assistance and services to PEG Access Users and the Town. (b) The Licensee shall cooperate with the Issuing Authority and/or such Access Corporation, including but not limited to, transmitting PEG Access Programming provided to the Licensee on the Licensee's dedicated PEG Access Channels programmed by the Access Corporation. (c) The Issuing Authority and/or designated Access Corporation shall provide the following PEG Access services: (1) Schedule, operate and program the PEG Access Channels provided in accordance with Section 6.3 below; (11) Operate and maintain a PEG Access Studio in the Town; (111) Conduct training programs in the skills necessary to produce quality PEG Access programming; (iv) Provide technical assistance, pre-production services, post-production services and production services to PEG Access Users, using Access Corporation staff and volunteers; (v) Establish rules, procedures and guidelines for use of the PEG Access Channels; (vi) Accomplish such other tasks relating to the operation, scheduling and/or management of PEG Access Channels, facilities and equipment as appropriate and necessary; and, 21 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (vii) Produce or assist Users in the production of original, non-commercial Video Programming of interest to Subscribers and focusing on Town issues, events and activities. Section 6.3---PEG ACCESS CHANNELS (a) The Licensee shall continue to make available to the Issuing Authority and/or its designee(s) three (3) full-time Standard Definition and three (3) full-time High Definition Subscriber Network Downstream Channels for PEG Access purposes. (b) The Issuing Authority or the designated Access Corporation shall have the right to utilize and program a fourth Standard Definition PEG Access Channel. In order to obtain use of said fourth PEG Access Channel, the Issuing Authority shall write to the Licensee, stating that the three (3) PEG Access Channels are being programmed with original, non- duplicative, local programming eighty percent (80%) of the available cablecast hours during a two (2) month period, excluding alphanumeric "bulletin-board" type programming. The Issuing Authority shall include program logs and/or other records verifying such usage during said two (2) month period. For purposes of this Section 6.3(b), "available cablecast hours" shall mean the hours of 5:OOPM to 10:00 PM. If the Licensee provides a fourth Standard Definition PEG Access Channel, it shall also provide a fourth High Definition PEG Access Channel. (c) Said PEG Access Channels shall be used to transmit PEG Access Programming to Subscribers without charge to the Issuing Authority, its designee(s), the Town, and/or program originators, and shall be subject to the control and management of the Issuing Authority and/or its designee(s). (d) While the Licensee retains sole discretion for channel placement, the Licensee shall attempt to minimize the number of PEG Access Channel assignment changes. The Licensee shall not move or otherwise relocate the channel locations of the PEG Access Channels without the advance, written notice to the Issuing Authority and the Access Corporation. Section 6.4---PEG ACCESS CHANNELS MAINTENANCE The Licensee shall monitor the PEG Access Channels for technical quality and shall ensure that they are maintained at standards commensurate with those that apply to the Cable System's commercial channels; provided, however, that the Licensee is not responsible for the production quality of PEG Access Programming productions. The Issuing Authority, or the designated Access Corporation, shall be responsible for the picture quality of all PEG Access Programming. Section 6.5---PEG ACCESS CABLECASTING (a) PEG Access programming for the Lexington PEG Access channels may originate at a remote location in the Town. In order that the Issuing Authority or its designated Access Corporation can cablecast PEG Access Programming originating at a location other than the Access Studio, the Licensee shall continue to provide dedicated fiber links from 22 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC specified locations in the Town (Exhibit 4). These links shall be made available and maintained for the entire Term of this Renewal License without charge to the Issuing Authority Issuing Authority or its designated Access Corporation. (b) The Licensee shall ensure that all PEG Access Programming is automatically switched electronically at the Access Studio to the appropriate Subscriber Network PEG Access Channel, in an efficient and timely manner. The Licensee shall not charge the Issuing Authority or its designated Access Corporation, for such electronic switching responsibility. Any manual switching shall be the responsibility of the Access Corporation or the Issuing Authority. The Licensee and the Issuing Authority shall discuss in good faith any difficulties that arise regarding cablecasting of PEG Access Programming. (c) The Licensee shall own, maintain, repair and/or replace any electronic equipment required to automatically switch PEG Access Programming to the appropriate Subscriber Network PEG Access Channel. The Issuing Authority or its designated Access Corporation, shall own, maintain, repair and/or replace studio or portable modulators and demodulators. The demarcation point between the Licensee's equipment and the Town's or the Access Corporation's equipment shall be at the output of the Issuing Authority's or it's designated Access Corporation's modulator(s) at the Town's Access Studio. Section 6.6---CENSORSHIP The Licensee shall not engage in any program censorship or any other control of the content of the PEG Access Programming on the Cable System, except as otherwise required or permitted by applicable law. 23 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 7 LICENSE FEES Section 7.1---LICENSE FEE PAYMENT (a) Pursuant to M.G.L. 166A Section 9, as may be amended, the Licensee shall pay to the Town, throughout the term of this Renewal License, an annual License Fee in the amount of fifty cents ($.50) per Subscriber per year, or such higher amount as may be permitted by applicable law(s). (b) The Licensee shall not be liable for a total financial commitment pursuant to this Renewal License and applicable law in excess of five percent (5%) of its Gross Annual Revenues; provided, however, that said five percent (5%) shall include the following: (1) the annual funding for PEG Access/Cable-Related Funding pursuant to Section 7.2 below; and (11) any License Fees that may be payable to the Town and the State and/or the FCC; provided, however, that said five percent (5%) shall not include the following: (1) any interest due herein to the Town because of late payments; (11) the costs related to any liquidated damages pursuant to Section 11.2 infra; and (111) any exclusion to the term "franchise fee" pursuant to Section 622(g)(2) of the Cable Act. (c) The License Fees shall be paid annually to the Town throughout the term of this Renewal License, not later than March 15th of each year, unless provided for otherwise under applicable law. Section 7.2---PEG ACCESS/CABLE-RELATED FUNDING (a) The Licensee shall continue to make License Fee payments to the Issuing Authority equal to five percent (5%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(25) supra, payable on a quarterly basis. Subject to paragraph (a)(1) below, said payments shall be made directly to the Issuing Authority on the following quarterly basis: (1) on or before November 15th of each year of this Renewal License for the previous three (3) month period of July, August and September; (11) on or before February 15th of each year of this Renewal License for the previous three (3) month period of October, November and December; (111) on or before May 15th of each year of this Renewal License for the previous (3)month period of January, February and March; and (iv) on or before August 15th of each year of this Renewal License for the previous three (3)month period of April, May and June. (b) The Licensee shall file with each of said five percent (5%) quarterly payments a statement certified by an authorized representative of the Licensee documenting, in reasonable detail, the total of all Gross Annual Revenues of the Licensee during the preceding three (3) month reporting period(s), as well as a completed Gross Annual Revenues Reporting Form, attached hereto as Exhibit S. If the Licensee's quarterly payments to the Issuing Authority were less than five percent (5%) of the Licensee's 24 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Gross Annual Revenues for the reporting period, the Licensee shall pay any balance due to the Issuing Authority no later than the quarterly payment subsequent to the discovery of such underpayment. Said statement shall list all of the general categories comprising Gross Annual Revenues as defined in Section 1.1(25) supra. Section 7.3---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS (a) The License Fee payments shall be in addition to and shall not constitute an offset or credit against any and all taxes or other fees or charges of general applicability which the Licensee and/or any Affiliated Person shall be required to pay to the Town, or to any State or federal agency or authority, as required herein or by law; the payment of said taxes, fees or charges shall not constitute a credit or offset against the License Fee payments all of which shall be separate and distinct obligations of the Licensee and each Affiliated Person. The Licensee herein agrees that no such taxes, fees or charges shall be used as offsets or credits against the License Fee payments, except as permitted by applicable law. (b) The term "License Fee" shall have the meaning defined in Sections 622(g)(1) & (2)(A-E) of the Cable Act. (c) In no case shall said five percent (5%) payment(s) include (1) the cost and/or maintenance of the Institutional Network pursuant to Section 3.2 supra; (11) and/or the cost and value of providing Basic Service Drops to public buildings pursuant to Section 5.7 supra; and/or (111) the cost and value of providing Basic Service Drops to Public Schools; and/or (iv) the cost and value of providing Internet Services pursuant to Section 5.9 supra; and/or (v) the value of PEG Access Channels pursuant to Section 6.3 supra; and/or (vi) the cost and value of providing PEG Access Cablecasting pursuant to Section 6.5 supra. Said five percent (5%) payments shall be considered a Franchise Fee,unless otherwise provided for by applicable law. Section 7.4---LATE PAYMENT In the event that the License Fees herein required are not tendered on or before the dates fixed in Sections 7.1 and 7.2 above, interest due on such fee(s) shall accrue from the date due at the rate of two percent (2%) above the annual Prime Rate. Any payments to the Town pursuant to this Section 7.4 shall not be deemed to be part of the License Fees to be paid to the Town pursuant to Section 7.1 and/or Section 7.2 above and shall be within the exclusion to the term "Franchise Fee" for requirements incidental to enforcing this Renewal License pursuant to §622(g)(2)(D) of the Cable Act. Section 7.5---RECOMPUTATION (a) Tender or acceptance of any payment shall not be construed as an accord that the amount paid is correct, nor shall such acceptance of payment be construed as a release of any claim that the Issuing Authority may have for additional sums including interest payable under this Section 7.5. All amounts paid shall be subject to 25 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC audit and recomputation by the Issuing Authority and shall occur in no event later than three (3) years after each quarterly License Fee is tendered with respect to such fiscal year. (b) If the Issuing Authority has reason to believe that any such payment(s) are incorrect, the Licensee shall have twenty-one (21) days to provide the Issuing Authority with additional information documenting and verifying the accuracy of any such payment(s). In the event that the Issuing Authority does not believe that such documentation supports the accuracy of such payment(s), the Issuing Authority may conduct an audit of such payment(s). If, after such audit and recomputation, an additional fee is owed to the Issuing Authority, such fee shall be paid within thirty (30) days after such audit and recomputation. The Licensee shall contribute to the costs of such audit in an amount not to exceed Three Thousand Dollars ($3,000.00). The interest on such additional fee shall be charged from the due date at the rate of two percent (2%) above the Prime Rate during the period that such additional amount is owed. Section 7.6---AFFILIATES USE OF SYSTEM Use of the Cable System by Affiliates shall be in compliance with applicable State and/or federal laws. Section 7.7---METHOD OF PAYMENT All License Fee payments by the Licensee to the Issuing Authority pursuant to this Renewal License shall be made payable to the Town. 26 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 8 RATES AND CHARGES Section 8.1---RATE REGULATION The Issuing Authority reserves the right to regulate the Licensee's Basic Service rates and charges, and the equipment needed to receive Basic Service, to the extent allowable under State and federal laws. Section 8.2---NOTIFICATION OF RATES AND CHARGES (a) The Licensee shall file with the Issuing Authority schedules which shall describe all Cable Services offered by the Licensee, all rates and charges of any kind, and all terms or conditions relating thereto. Thereafter, the Licensee shall file with the Issuing Authority all substantial changes in Services, all rates and charges of any kind, and all terms and conditions relating thereto at least thirty (30) days prior to all such changes. The Licensee shall notify all Subscribers of any impending rate increases at least thirty (30) days prior to such increase and provide each Subscriber with a schedule describing existing and proposed rates for each Service offered. (b) At the time of initial solicitation or installation of Service, the Licensee shall also provide each Subscriber with an explanation of downgrade and upgrade policies and the manner in which Subscribers may terminate Cable Service. Subscribers shall have at least thirty (30) days prior to the effective date of any rate increase to either downgrade service or terminate Service altogether without any charge. Change of Service policies shall be in compliance with 207 CMR 10.00 et seq., attached as Exhibit 11. Section 8.3---PUBLICATION AND NON-DISCRIMINATION All rates for Subscriber Cable Services shall be published and non-discriminatory. A written schedule of all rates shall be available upon request during business hours at the Licensee's business office. Nothing in this Renewal License shall be construed to prohibit the reduction or waiver of charges in conjunction with promotional campaigns for the purpose of attracting or maintaining subscribers. Section 8.4---CREDIT FOR SERVICE INTERRUPTION The Licensee shall grant a pro rata credit or rebate to any Subscriber whose Cable Service is interrupted for twenty-four(24) or more consecutive hours. Section 8.5---SENIOR CITIZEN DISCOUNT The Licensee shall provide senior citizens in Lexington a minimum discount of five dollars ($5.00) off of the Licensee's Basic Service charge. To qualify for said discount, senior citizens must be (1) sixty-five (65) years of age or older and head of the household and (2) receiving one of the following: (1) Supplemental Security 27 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Income, or (11) Medicaid benefits, or (111) Massachusetts fuel assistance, or (iv) Veteran's Service benefits, or (v) participation in the Senior Pharmacy Program. Said discount shall apply to the full level of Basic Service; provided, however, that this discount may not apply to other discount package prices. 28 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 9 INSURANCE AND BONDS Section 9.1---INSURANCE At all times during the term of this Renewal License, including the time for removal of facilities provided for herein, the Licensee shall obtain, pay all premiums for, and file with the Issuing Authority, on an annual basis, copies of the certificates of insurance for the following policies: (a) A general comprehensive liability policy naming the Town, its officers, boards, commissions, agents and employees as additional named insureds on all claims on account of injury to or death of a person or persons occasioned by the construction, installation, maintenance or operation of the Cable System or alleged to have been so occasioned, with a minimum liability of One Million Dollars ($1,000,000.00) for injury or death to any one person in any one occurrence and a Five Million Dollar ($5,000,000.00) umbrella policy for injury or death to two (2) or more persons in any one occurrence. (b) A property damage insurance policy naming the Town, its officers, boards, commissions, agents and employees as additional named insureds and save them harmless from any and all claims of property damage, real or personal, occasioned or alleged to have been so occasioned by the construction, installation, maintenance or operation of the Cable Television System, with a minimum liability of One Million Dollars ($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. (c) Automobile liability insurance for owned automobiles, non-owned automobiles and/or rented automobiles in the amount of: (1) One Million Dollars ($1,000,000.00) for bodily injury and consequent death per occurrence; (11) One Million Dollars ($1,000,000.00) for bodily injury and consequent death to any one person; and (111) Five Hundred Thousand Dollars ($500,000.00) for property damage per occurrence. (d) Worker's Compensation in the minimum amount of the statutory limit. (e) The following conditions shall apply to the insurance policies required herein: 29 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (1) Such insurance shall commence no later than the Effective Date of this Renewal License. (11) 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. (111) Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in the State. (iv) The Licensee's failure to obtain to procure or maintain the required insurance shall constitute a material breach of this Renewal License under which the Town may immediately suspend operations under this Renewal License. Section 9.2---PERFORMANCE BOND (a) The Licensee shall continue to maintain at its sole cost and expense throughout the term of this Renewal License a faithful performance bond running to the Town, with good and sufficient surety licensed to do business in the State in the sum of Seventy- Five Thousand Dollars ($75,000.00). Said bond shall be conditioned upon the faithful performance and discharge of all of the obligations imposed by this Renewal License. (b) The performance bond shall be effective throughout the term of this Renewal License, including the time for removal of all of the facilities provided for herein, and shall be conditioned that in the event that the Licensee shall fail to comply with any one or more provisions of this Renewal License, the Town shall recover from the surety of such bond all damages suffered by the Town as a result thereof, pursuant to the provisions of Sections 11.1 and 11.2 infra. (c) Said bond shall be a continuing obligation of this Renewal License, and thereafter until the Licensee has satisfied all of its obligations to the Town that may have arisen from the grant of this Renewal License or from the exercise of any privilege herein granted. In the event that the Town recovers from said surety, the Licensee shall take immediate steps to reinstate the performance bond to the appropriate amount required herein. Neither this section, any bond accepted pursuant thereto, nor any damages recovered thereunder shall limit the liability of the Licensee under this Renewal License. Section 9.3---REPORTING Upon renewal of any insurance policies and/or the performance bond required herein and/or upon the written request of the Issuing Authority, the Licensee shall submit to the Issuing Authority, or its designee, copies of all current certificates regarding (a) all insurance policies as required herein and (b) the performance bond as required herein. Section 9.4---INDEMNIFICATION The Licensee shall, at its sole cost and expense, indemnify and hold harmless the Issuing Authority, the Town, its officials, boards, commissions, agents and/or 30 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC 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 this 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 timely written notice of its obligation to indemnify and defend the Issuing Authority of a claim or action pursuant to this Section 9.4. Section 9.5---NOTICE OF CANCELLATION OR REDUCTION OF COVERAGE The insurance policies and performance bond required herein shall each contain an explicit endorsement stating that such insurance policies and performance bond are intended to cover the liability assumed by the Licensee under the terms of this Renewal License and shall contain the following endorsement: It is hereby understood and agreed that this policy(or bond) shall not be cancelled, materially changed or the amount of coverage thereof reduced until thirty(30) days after receipt by the Issuing Authority by certified mail of one (1) copy of a written notice of such intent to cancel, materially change or reduce the coverage required herein. 31 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 10 ADMINISTRATION AND REGULATION Section 10.1---REGULATORY AUTHORITY The Issuing Authority and/or its designee shall be responsible for the day-to-day regulation of the Cable Television System. The Issuing Authority and/or its designee shall monitor and enforce the Licensee's compliance with the terms and conditions of this Renewal License. The Issuing Authority shall notify the Licensee in writing of any instance of non-compliance pursuant to Section 11.1 infra. Section 10.2---PERFORMANCE EVALUATION HEARINGS (a) The Issuing Authority may hold a performance evaluation hearing in each year of this Renewal License. All such evaluation hearings shall be open to the public. The purpose of said evaluation hearing shall be to, among other things, (1) review the Licensee's compliance with the terms and conditions of this Renewal License, with emphasis on PEG Access Channels, facilities and support, customer service and Complaint response, and the Institutional Network; and (11) hear comments, suggestions and/or Complaints from the public. (b) The Issuing Authority shall have the right to question the Licensee on any aspect of this Renewal License including, but not limited to, the maintenance, operation and/or removal of the Cable Television System. During review and evaluation by the Issuing Authority, the Licensee shall fully cooperate with the Issuing Authority and/or its designee(s), and produce such documents or other materials relevant to such review and evaluation as are reasonably requested from the Town. Any Subscriber or other Person may submit comments during such review hearing, either orally or in writing, and the Issuing Authority shall duly consider such comments. (c) Within sixty (60) days after the conclusion of such review hearing(s), the Issuing Authority shall issue a written report with respect to the Licensee's compliance with Cable System performance and quality of Service, and send one (1) copy to the Licensee and file one (1) copy with the Town Clerk's Office. If inadequacies are found which result in a violation of any of the provisions of this Renewal License, the Licensee shall respond and propose a plan for implementing any changes or improvements necessary, pursuant to Section 11.1 infra. Section 10.3---INFORMATION & LIAISON REQUIREMENTS (a) Notwithstanding any other provisions of this Renewal License, both the Licensee and the Town explicitly acknowledge the importance of maintaining a continuing, productive dialogue throughout the term of this Renewal License to help the Issuing Authority (and its primary designee, the CAC) in its authorized oversight of the Licensee's performance. In support of that end, and ultimately for the benefit of the 32 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Town and all Subscribers and Users, the following requirements are prescribed without in any way limiting any other complementary actions: (1) The Licensee shall designate primary and alternate responsible Persons as the Town's liaison with the Licensee for the purpose of obtaining status or presenting issues related to any aspect of the activity under this Renewal License, including the operation and maintenance of the Cable System and any associated Customer Service, marketing, etc., activities. Their names, titles, and contact information (telephone, page, and facsimile numbers, mail and e-mail addresses, etc.) shall be provided in writing to the CAC, and kept current throughout the term of this Renewal License. (11) The Licensee shall provide at least monthly written status reports to the CAC as well as appropriately address matters brought to the Licensee's attention by the Town at any time. The CAC is responsible for keeping the Licensee informed of the CAC's meetings and if the Licensee has a representative in attendance at such meetings, that person's presentation can fulfill the requirement for any applicable monthly status report. Section 10.4---NONDISCRIMINATION The Licensee shall not discriminate against any Person in its solicitation, service or access activities, if applicable, on the basis of race, color, creed, religion, ancestry, national origin, geographical location within the Town, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance. The Licensee shall be subject to all other requirements of federal and State laws or regulations, relating to nondiscrimination through the term of this Renewal License. This Section 10.3 shall not affect the right of the Licensee to offer discounts. Section 10.5---EMERGENCY REMOVAL OF PLANT If, at any time, in case of fire or disaster in the Town, it shall become necessary in the reasonable judgment of the Issuing Authority or any 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 at the sole cost and expense of the Licensee. Section 10.6---REMOVAL AND RELOCATION The Issuing Authority shall have the power at any time to order and require the Licensee to remove or relocate any pole, wire, cable or other structure owned by the Licensee that is dangerous to life or property. In the event that the Licensee, after notice, fails or refuses to act within a reasonable time, the Issuing Authority shall have the power to remove or relocate the same at the sole cost and expense of the Licensee. In such event, the Licensee shall reimburse the Issuing Authority for the cost and expense of such removal within thirty (30) days of submission of a bill thereof. Section 10.7---JURISDICTION AND VENUE Jurisdiction and venue over any dispute, action or suit shall be in any court of appropriate venue and subject matter jurisdiction located in the Commonwealth of 33 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Massachusetts and the parties by this 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. Section 10.8---LOCAL TAX INFORMATION The Licensee shall annually submit to Town assessors not later than March 1st sufficient information to allow evaluation of capital equipment within Licensee's own facilities, subscriber buildings, and public and private rights of way located in the Town as of each January 1 st during the term of the Renewal License, so as to permit the appropriate assessment of the annual property tax. 34 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 11 DETERMINATION OF BREACH, LIQUIDATED DAMAGES, LICENSE REVOCATION Section 11.1---DETERMINATION OF BREACH In the event that the Issuing Authority has reason to believe that the Licensee has defaulted in the performance of any or several provisions of this Renewal License, except as excused by Force Maj eure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or provisions which the Issuing Authority believes may have been in default and the details relating thereto. The Licensee shall have thirty(30) days from the receipt of such notice to: (a) Respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default and providing such information or documentation as may be necessary to support the Licensee's position; or (b) Cure any such default (and provide written evidence of the same), or, in the event that by nature of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure said default and diligently continue such efforts until said default is cured. The Licensee shall report to the Issuing Authority, in writing, by certified mail, at fourteen (14) day intervals as to the Licensee's efforts, indicating the steps taken by the Licensee to cure said default and reporting the Licensee's progress until such default is cured. (c) In the event that the Licensee fails to respond to such notice of default and to cure the default or to take reasonable steps to cure the default within the required thirty (30) day period, the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days after written notice, by certified mail, to the Licensee. The Licensee shall be provided reasonable opportunity to offer evidence and be heard at such public hearing. (d) Within thirty(30) days after the close of said public hearing, the Issuing Authority shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default, the Issuing Authority may determine to pursue any of the following remedies: (1) Seek specific performance of any provision in this Renewal License that reasonably lends itself to such remedy as an alternative to damages; (11) Assess liquidated damages in accordance with the schedule set forth in Section 11.2 below; (111) Commence an action at law for monetary damages; 35 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (iv) Foreclose on all or any appropriate part of the security provided pursuant to Section 9.2 herein; (v) Declare this Renewal License to be revoked subject to Section 11.3 below and applicable law; (vi) Invoke any other lawful remedy available to the Town. Section 11.2---LIQUIDATED DAMAGES (a) For the violation of any of the following provisions of this Renewal License, liquidated damages shall be paid by the Licensee to the Issuing Authority, subject to Section 11.1 above. Any such liquidated damages shall be assessed as of the date that the Licensee received written notice, by certified mail, of the provision or provisions which the Issuing Authority believes are in default, provided that the Issuing Authority made a determination of default pursuant to Section 11.1(d) above. (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. (11) For failure to fully activate, operate and maintain the Institutional Network in accordance with Section 3.2 herein, Five Hundred Dollars ($500.00) per day, for each day that any such non-compliance continues. (111) For failure to obtain the advance, written approval of the Issuing Authority for any transfer of this Renewal License in accordance with Section 2.6 herein, Five Hundred Dollars ($500.00) per day, for each day that any such non-compliance continues. (iv) For failure to comply with the PEG Access programming provisions in accordance with the timelines in Article 6 herein, Four Hundred Dollars ($400.00) per day, for each day that any such non-compliance continues. (v) For failure to comply with the FCC's Customer Service Obligations in accordance with Section 12.4 infra, and Exhibit 10 attached hereto, One Hundred Dollars ($100.00) per day that any such non-compliance continues. (vi) For failure to comply with the technical standards, pursuant to Section 3.5 herein and Exhibit 1 attached hereto, Four Hundred Dollars ($400.00) per day, for each day that any such non-compliance continues. (vii) For failure to provide, install and/or fully activate the Subscriber Network and Institutional Network Drops and/or Outlets in accordance with Sections 3.1, 3.21 5.7, 5.8 herein and/or Exhibits 3, 6 and 7, One Hundred Dollars ($100.00) for each day that any such non-compliance continues. 36 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (viii) For failure to provide free Internet Service(s) to the Town in accordance with Section 5.9 herein, Three Hundred Dollars ($300.00) per day that such Internet Services are not provided as required. (b) Such liquidated damages shall not be a limitation upon, any other provisions of this Renewal License and applicable law, including revocation, or any other statutorily or judicially imposed penalties or remedies. (c) Each of the above-mentioned cases of non-compliance shall result in damage to the Town, its residents, businesses and institutions, compensation for which will be difficult to ascertain. The Licensee agrees that the liquidated damages in the amounts set forth above are fair and reasonable compensation for such damage. The Licensee agrees that said foregoing amounts are liquidated damages, not a penalty or forfeiture, and are within one or more exclusions to the term "franchise fee" provided by Section 622(g)(2)(A)-(D) of the Cable Act. Section 11.3---REVOCATION OF THE RENEWAL LICENSE To the extent permitted by applicable law, in the event that the Licensee fails to comply with any material provision of this Renewal License, the Issuing Authority may revoke this Renewal License granted herein. Section 11.4---TERMINATION The termination of this Renewal License and the Licensee's rights herein shall become effective upon the earliest to occur of: (1) the revocation of this Renewal License by action of the Issuing Authority, pursuant to Section 11.1 and 11.2 above; (11) the abandonment of the Cable System, in whole or material part, by the Licensee without the express, prior approval of the Issuing Authority; or (iii) the expiration of the term of this Renewal License unless the Licensee is otherwise permitted to continue operating the Cable System pursuant to applicable law(s). Section 11.5---NOTICE TO TOWN OF LEGAL ACTION In the event that the Issuing Authority or the Licensee has reason to believe that the other party has acted, or has failed to act, in such a manner as to give rise to a claim, in law or equity, against the other party, and either the Issuing Authority or the Licensee intends to take legal action, said party shall (1) 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, (11) meet with the other party before filing any such action, and (iii) negotiate the issue, if possible, which is the subject of any proposed legal action, in good faith with the other party. Section 11.6---NON-EXCLUSIVITY OF REMEDY No decision by the Issuing Authority or the Town to invoke any remedy under this Renewal License or under any statute, law or ordinance shall preclude the availability of any other such remedy. 37 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 11.7---NO WAIVER-CUMULATIVE REMEDIES (a) No failure on the part of the Issuing Authority, the Town or the Licensee to exercise, and no delay in exercising, any right in this Renewal License shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other right, all subject to the conditions and limitations contained in this Renewal License. (b) The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Renewal License shall impair any of the rights of the Issuing Authority, the Town or the Licensee under applicable law, subject in each case to the terms and conditions in this Renewal License. (c) A waiver of any right or remedy by the Issuing Authority, the Town or the Licensee at any one time shall not affect the exercise of such right or remedy or any other right or remedy by the Issuing Authority or the Town at any other time. In order for any waiver of the Issuing Authority, the Town or the Licensee to be effective, it shall be in writing. The failure of the Issuing Authority, Town or the Licensee to take any action in the event of any breach by the other party shall not be deemed or construed to constitute a waiver of or otherwise affect the right of the Issuing Authority, the Town or the Licensee to take any action permitted by this Renewal License at any other time in the event that such breach has not been cured, or with respect to any other breach by the Licensee. 38 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 12 SUBSCRIBER RIGHTS AND CONSUMER PROTECTION Section 12.1---PAYMENT CENTER At all times during this Renewal License, the Licensee shall make reasonable efforts to provide for a location within the Town for payment of bills by Subscribers. Section 12.2---TELEPHONE ACCESS (a) The Licensee's main customer service office(s) shall have a publicly listed local telephone connection for Lexington Subscribers. (b) Pursuant to 47 C.F.R. §76.309(c)(1)(B), under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis (c) A Subscriber shall receive a busy signal less than three (3%) of the time that the Licensee's customer service call center is open for business, measured on a quarterly basis, under Normal Operating Conditions. (d) The Licensee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards herein unless an historical record of Complaints indicates a clear failure to comply with such standards. Section 12.3--INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME (a) The Licensee shall respond to all requests for aerial installation(s) within seven (7) days of such request, or at such other time as is mutually agreed-upon by the Licensee and said Subscriber. Underground installation shall be completed as expeditiously as practicable. If arranging appointments for installation, the Licensee shall specify in advance whether such will occur in the morning or afternoon, or a narrow interval, if possible within a four (4) hour time block in accordance with 47 C.F.R. §76.309(c)(2)(111), and the Licensee shall make reasonable efforts to install at times convenient to Subscribers (including times other than 9:00 a.m. to 5:00 p.m. weekdays). In the event that the Licensee misses a scheduled service visit, the Licensee shall provide the Subscriber or customer with a priority service call. (b) A Subscriber Complaint or request for service received after Normal Business Hours shall be responded to the next business morning. 39 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (c) 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 technician(s) of(1) any emergency situations, (11) an unusual number of calls and/or (111) a number of similar Complaint calls or a number of calls coming from the same area. (d) System outages shall be responded to immediately, twenty-four (24) hours a day, by technical personnel. For purposes of this section, an outage shall be considered to occur when three (3) or more calls are received from any one neighborhood within one hour of any such first call, concerning such an outage, or when the Licensee has reason to know of such an outage. (e) The Licensee shall respond to all requests for service or repair that are received during the business hours described in Section 12.2. All of such requests shall be handled on the same day, if possible, provided that said service Complaint or request for service is received by 2:00 P.M.; provided, however, that in all instances, requests for service calls shall be responded to within forty-eight (48) hours of said original call. Verification of the problem and resolution shall occur as promptly as possible. (f) The Licensee shall remove all Subscriber Drop Cables within thirty (30) days of receiving a request from a Subscriber to do so. Section 12.4---FCC CUSTOMER SERVICE OBLIGATIONS The Licensee shall comply with the FCC's Customer Service Obligations, codified at 47 U.S.C. Section 76.309, as may be amended from time to time, which standards are attached hereto, and made a part hereof, as Exhibit 10. Section 12.5---BUSINESS PRACTICE STANDARDS The Licensee shall provide the Issuing Authority, the Commission and all of its Subscribers with the following information in accordance with 207 CMR 10.00 et seq., attached hereto as Exhibit 9 and made a part hereof, as the same may exist or as may be amended from time to time: (a)Notification of its Billing Practices; (b)Notification of Services, Rates and Charges; (c) Form of Bill; (d) Advance Billing, Issuance of Bills; (e) Billing Due Dates, Delinquency, Late Charges and Termination of Service; (f) Charges for Disconnection or Downgrading of Service; (g) Billing Disputes; and 40 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (h) Security Deposits. Section 12.6---COMPLAINT RESOLUTION PROCEDURES (a) The Licensee shall establish a procedure for resolution of Complaints by Subscribers. (b) Upon reasonable notice, the Licensee shall expeditiously investigate and resolve all Complaints regarding the quality of Service, equipment malfunctions and similar matters. In the event that a Subscriber is aggrieved, the Issuing Authority or its designee(s) shall be responsible for receiving and acting upon such Subscriber complaints/inquiries, as follows: (1) 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 or its designee(s) with respect to any Complaint. Such report shall provide a full explanation of the investigation, finding and corrective steps taken by the Licensee. (11) 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 this Renewal License and the implementation of Complaint procedures. The Subscriber shall thereafter meet jointly with the Issuing Authority or its designee(s) and a representative of the Licensee, within thirty (30) days of the Subscriber's filing of his or her Complaint, in order to fully discuss and resolve such matter. The Licensee shall notify each new Subscriber, at the time of initial installation of Cable Service, of the procedures for reporting and resolving all of such Complaints, and annually to all Subscribers. (c) Notwithstanding the foregoing, if the Issuing Authority or its designee(s) determines it to be in the public interest, the Issuing Authority or its designee(s) may investigate any multiple Complaints or disputes brought by Subscribers arising from the operations of the Licensee. Section 12.7---DAMAGE OR LOSS OF EQUIPMENT The Licensee shall comply with all provisions of 207 CMR 9.00, as amended, and any other applicable laws. Section 12.8---REMOTE CONTROL DEVICES The Licensee shall allow its Subscribers to purchase, from legal and authorized parties other than the Licensee, own, utilize and program remote control devices that are compatible with the Converter(s) provided by the Licensee. The Licensee takes no responsibility for changes in its equipment that might make inoperable the remote control devices acquired by Subscribers. 41 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 12.9---LOSS OF SERVICE-SIGNAL QUALITY The Licensee shall comply with all applicable FCC statutes, regulations and standards relating to quality of the Signals transmitted over the Cable System. Upon a showing of a number of complaints from Subscribers that indicates a general or area-wide Signal quality problem concerning consistently poor or substandard Signal quality in the System, the Issuing Authority shall provide the Licensee an opportunity to demonstrate that its Signals meet or exceed FCC technical standards. In the event that the Licensee is unable to demonstrate such compliance, the Issuing Authority shall, after giving the Licensee fourteen (14) days notice and an opportunity to cure said deficiency, order the Licensee to correct said Signal quality deficiencies, within fourteen (14) days of said order; provided, however, that the Licensee may request additional time from the Issuing Authority in which to correct said deficiency, which permission shall not be unreasonably denied. The Issuing Authority and the Licensee shall enter into good faith discussions concerning possible remedies for consistent Signal degradation. Section 12.10---EMPLOYEE IDENTIFICATION CARDS All of the Licensee's employees entering upon private property, in connection with the construction, installation, maintenance and/or operation of the Cable System, including repair and sales personnel, shall be required to wear an employee identification card issued by the Licensee and bearing a picture of said employee. Section 12.11---PROTECTION OF SUBSCRIBER PRIVACY (a) The Licensee shall respect the rights of privacy of every Subscriber of the Cable Television System and shall not violate such rights through the use of any device or Signal associated with the Cable Television System, and as hereafter provided. (b) The Licensee shall comply with all privacy provisions contained in this Article 12 and all other applicable federal and State laws including, but not limited to, the provisions of Section 631 of the Cable Act. (c) The Licensee shall be responsible for carrying out and enforcing the Cable System's privacy policy, and shall at all times maintain adequate physical, technical and administrative security safeguards to ensure that personal subscriber information is handled and protected strictly in accordance with this policy. (d) The Licensee shall notify all third parties who offer Cable Services in conjunction with the Licensee, or independently over the Cable Television System, of the subscriber privacy requirements contained in this Renewal License. Section 12.12---PRIVACY WRITTEN NOTICE At the time of entering into an agreement to provide any Cable Service or other Service to a Subscriber, and annually thereafter to all Cable System Subscribers, the Licensee shall provide Subscribers with written notice, as required by Section 631(a)(1) of the Cable Act, which, at a minimum, clearly and conspicuously explains the Licensee's practices regarding the collection, retention, uses, and dissemination of 42 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC personal subscriber information, and describing the Licensee's policy for the protection of subscriber privacy. Section 12.13---MONITORING (a) Neither the Licensee nor its agents nor the Town nor its agents shall tap, monitor, arrange for the tapping or monitoring, or permit any other Person to tap or monitor, any cable, line, Signal, input device, or subscriber Outlet or receiver for any purpose, without the prior written authorization of the affected Subscriber provided, however, that the Licensee may conduct system-wide or individually addressed "sweeps" solely for the purpose of verifying System integrity, checking for illegal taps, connections or Converters, controlling return-path transmission, billing for pay Services or monitoring channel usage in a manner not inconsistent with the Cable Act. The Licensee shall report to the affected parties and the Issuing Authority any instances of monitoring or tapping of the Cable Television System, or any part thereof, of which it has knowledge, whether or not such activity has been authorized by the Licensee, other than as permitted herein. (b) The Licensee shall not record or retain any information transmitted between a Subscriber and any third party, except as required for lawful business purposes. Pursuant to Section 631(e) of the Cable Act, the Licensee shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information pursuant to a request from a Subscriber or pursuant to a court order. Section 12.14---DISTRIBUTION OF SUBSCRIBER INFORMATION (a) The Licensee shall not disclose personally identifiable information concerning any Subscriber without the prior written or electronic consent of the Subscriber concerned. (b) The Licensee may disclose such information if the disclosure is: (1) 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 (11) 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 (111) 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 (1) extent of any viewing or other use by the Subscriber of a Cable Service or other service provided by the Licensee, or (11) the nature of the transaction made by the Subscriber over the Cable System. 43 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 12.15---INFORMATION WITH RESPECT TO VIEWING HABITS AND SUBSCRIPTION DECISIONS Except as permitted by Section 631 of the Cable Act, neither the Licensee nor its agents nor its employees shall make available to any third party, including the Town, information concerning the viewing habits or subscription package decisions of any individual Subscriber. If a court authorizes or orders such disclosure, the Licensee shall notify the Subscriber as soon as practicable, unless applicable law or the court otherwise prohibits such notification. Section 12.16---SUBSCRIBER'S RIGHT TO INSPECT AND VERIFY INFORMATION (a) The Licensee shall make available for inspection by a Subscriber at a reasonable time and place all personal subscriber information that the Licensee maintains regarding said Subscriber. (b) A Subscriber may obtain from the Licensee a copy of any or all of the personal subscriber information regarding him or her maintained by the Licensee. The Licensee may require a reasonable fee for making said copy. (c) A Subscriber may challenge the accuracy, completeness, retention, use or dissemination of any item of personal subscriber information. Such challenges and related inquiries about the handling of subscriber information shall be directed to the Licensee. The Licensee shall change any such information upon a reasonable showing by any Subscriber that such information is inaccurate. Section 12.17---PRIVACY STANDARDS REVIEW The Issuing Authority and the Licensee shall periodically review this Article 12 to determine that it effectively addresses appropriate concerns about privacy. This Article may be amended periodically by agreement of the Issuing Authority and the Licensee. 44 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 13 REPORTS, AUDITS AND PERFORMANCE TESTS Section 13.1---GENERAL (a) Upon the written request of the Issuing Authority, the Licensee shall promptly submit to the Town any information regarding (1) the Licensee, its business and operations with respect to the Cable System, and/or (2) any Affiliated Person(s), with respect to the computation of Gross Annual Revenues, if applicable, in such form and containing such detail as may be reasonably specified by the Town pertaining to the subject matter of this Renewal License which may be reasonably required to establish the Licensee's compliance with its obligations pursuant to this Renewal License. (b) If the Licensee believes that the documentation requested by the Issuing Authority involves proprietary information, then the Licensee shall submit the information to its counsel, who shall confer with the Town Counsel for a determination of the validity of the Licensee's claim of a proprietary interest. Section 13.2---FINANCIAL REPORTS (a) Upon the written request of the Issuing Authority after the end of the Licensee's fiscal year, the Licensee shall furnish the Issuing Authority with Commission Forms 200 showing a balance sheet sworn to by the Licensee's authorized Financial Officer. (b) Any other reports required by State and/or federal law to be filed with the Issuing Authority. Section 13.3---CABLE SYSTEM INFORMATION Upon written request, the Licensee shall file annually with the Issuing Authority a statistical summary of the operations of the Cable System. Said report shall include, but not be limited to, (1) the number of Basic Service Subscribers, (11) the number of dwelling units passed; and (111) the number of plant miles completed. The Licensee may submit such information subject to Section 13.1(b) above, and it shall be considered proprietary. Section 13.4---IN-HOUSE TELEPHONE REPORTS To establish the Licensee's compliance with the requirements of this Renewal License, the Licensee shall provide, on a quarterly basis, the Issuing Authority with a report of telephone traffic, generated from an in-house automated call accounting or call tracking system. 45 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 13.5---SUBSCRIBER COMPLAINT/SERVICE INTERRUPTION REPORT The Licensee shall submit a completed copy of Competition Division Form 500, attached hereto as Exhibit 11, to the Issuing Authority, or its designee, as required by the Competition Division. Section 13.6---INDIVIDUAL COMPLAINT REPORTS Subject to Sections 12.6 and 12.14(a) supra, the Licensee shall, within ten (10) business days after receiving a written request from the Town, send a written report to the Issuing Authority with respect to any complaint. Such report shall provide a full explanation of the investigation, finding(s) and corrective steps taken, as allowed by applicable law. Section 13.7---PERFORMANCE TESTS (a) As required by applicable State or federal law and/or regulation, the Licensee shall conduct, on a semi-annual basis, performance tests to ensure compliance with the technical specifications in Section 3.5 supra attached hereto, including, without limitation: (1) Signal level of video carrier of each activated channel; (11) System carrier to noise levels measured at low and high VHF channels; (111) System hum modulation measured at any one frequency. The costs of such tests shall be borne exclusively by the Licensee. (b) Data from the above tests shall be submitted to the Issuing Authority and/or its designee on a semi-annual basis within ten (10) calendar days after completion of such testing. Unless otherwise required by applicable law or regulation, said reports shall also include, without limitation, the name of the engineer who supervised the test; a description of test equipment and procedures used; measurement of locally receivable Signals; the weather conditions under which such tests were taken; measurements of Cable System performance as required in Section 3.5 supra; and a statement of the Licensee's adherence to all performance standards (Exhibit 1), and if said standards are not satisfactorily met, a statement as to what corrective action is to be taken. (c) All tests herein shall be performed at (1) the Cable System Hub and (2) at four (4) locations in the Town farthest from the Hub: one (1) of which locations shall be on the I-Net, and the three (3) other locations on the Subscriber Network. Section 13.8---QUALITY OF SERVICE (a) Where there exists evidence which, in the reasonable judgment of the Issuing Authority, casts doubt upon the reliability or technical quality of Cable Service(s), on 46 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC either the Subscriber Network or the I-Net, the Issuing Authority shall have the right and authority to require the Licensee to test, analyze and report on the performance of the Cable System. The Licensee shall fully cooperate with the Issuing Authority in performing such testing and shall provide the results in a written report, if requested, within thirty(30) days after notice for the same. (b) Said report shall include the following information: (1) the nature of the complaint or problem that precipitated the special tests; (11) the system component tested; (111) the equipment used and procedures employed in testing; (iv) the method, if any, in which such complaint/problem was resolved; and (v) any other information pertinent to said tests and analysis as required. (c) At the conclusion of said thirty(30) day period, in the event that the Cable System fails to meet the FCC's technical standards, additional tests may be required by the Issuing Authority, supervised by a professional engineer at terms satisfactory to both the Licensee and the Issuing Authority. The Licensee shall pay for the costs of such engineer only if the tests performed show that the quality of service is below the standards set forth in Section 3.5 supra, and Exhibit 1, attached hereto. Section 13.9---DUAL FILINGS To the extent required by applicable law, either party shall notify the other of any petitions, communications, and/or requests for waiver or advisory opinion with any State or federal agency or commission pertaining to any material aspect of the Cable System operation hereunder, subject to Section 13.1 above, and upon the other party's written request, shall make available at its own expense to the other party copies of any such petitions, communications or requests. Section 13.10---ADDITIONAL INFORMATION At any time during the term of this Renewal License, upon the reasonable request of the Issuing Authority, the Licensee shall not unreasonably deny any requests for further information that may be required to establish the Licensee's compliance with its obligations pursuant to this Renewal License and subject to Section 13.1 supra. Section 13.11---INVESTIGATION The Licensee and any Affiliated Person(s) shall cooperate fully and faithfully with any lawful investigation, audit or inquiry conducted by a Town governmental agency. 47 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 14 EMPLOYMENT Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY The Licensee shall comply with all laws and regulations with respect to Equal Employment Opportunities. Section 14.2---NON-DISCRIMINATION The Licensee shall adhere to all federal and State laws prohibiting discrimination in employment practices. 48 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC ARTICLE 15 MISCELLANEOUS PROVISIONS Section 15.1---ENTIRE AGREEMENT This instrument contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically incorporated herein, and cannot be changed orally but only by an instrument in writing executed by the parties. Section 15.2---CAPTIONS The captions to sections throughout this Renewal License are intended solely to facilitate reading and reference to the sections and provisions of this Renewal License. Such captions shall not affect the meaning or interpretation of this Renewal License. Section 15.3---SEPARABILITY If any section, sentence, paragraph, term or provision of this Renewal License is determined to be illegal, invalid or unconstitutional, by any court of competent jurisdiction or by any State or federal regulatory agency having jurisdiction thereof, such determination shall have no 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 this Renewal License. Section 15.4---ACTS OR OMISSIONS OF AFFILIATES During the term of this Renewal License, the Licensee shall be liable for the acts or omission of its Affiliates while such Affiliates are involved directly or indirectly in the construction, upgrade, installation, maintenance or operation of the Cable System as if the acts or omissions of such Affiliates were the acts or omissions of the Licensee. Section 15.5---RENEWAL LICENSE EXHIBITS The Exhibits to this Renewal License, attached hereto, and all portions thereof, are incorporated herein by this reference and expressly made a part of this Renewal License. Section 15.6---WARRANTIES The Licensee warrants, represents and acknowledges that, as of the Effective Date of this Renewal License: (a) The Licensee is duly organized, validly existing and in good standing under the laws of the State; (b) The Licensee has the requisite power and authority under applicable law and its by-laws and articles of incorporation and/or other organizational documents, is 49 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC authorized by resolutions of its Board of Directors or other governing body, and has secured all consents which are required to be obtained as of the Effective Date of this Renewal License, to enter into and legally bind the Licensee to this Renewal License and to take all actions necessary to perform all of its obligations pursuant to this Renewal License; (c) This Renewal License is enforceable against the Licensee in accordance with the provisions herein, subject to applicable State and federal law; (d) There is no action or proceedings pending or threatened against the Licensee which would interfere with its performance of this Renewal License; and (e) Pursuant to Section 625(f) of the Cable Act, the performance of all terms and conditions in this Renewal License is commercially practicable as of the Effective Date of this Renewal License. Section 15.7---FORCE MAJEURE If by reason of force maj eure 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 maj eure" as used herein shall mean the following: acts of God; acts of public enemies; orders of any kind of the government of the United States of America or of the State or any of their departments, agencies, political subdivision, or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightening; earthquakes; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; civil disturbances; explosions; strikes; and unavailability of essential equipment, services and/or materials and/or other matters beyond the control of the Issuing Authority, the Town or the Licensee. Section 15.8---REMOVAL OF ANTENNAS The Licensee shall not remove any television antenna of any Subscriber but shall offer to said Subscriber, and maintain, an adequate switching device ("A/B Switch") to allow said Subscriber to choose between cable and non-cable television reception. Section 15.9---SUBSCRIBER TELEVISION SETS Pursuant to M.G.L. Chapter 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. Section 15.10---APPLICABILITY OF RENEWAL LICENSE All of the provisions in this Renewal License shall apply to the Town, the Licensee, and their respective successors and assignees. 50 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Section 15.11---NOTICES (a) Every notice to be served upon the Issuing Authority shall be delivered, or sent by certified mail (postage prepaid) to the Board of Selectmen, Town of Lexington, Lexington Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts 02420, with one (1) copy to the Town Counsel, or such other address as the Issuing Authority may specify in writing to the Licensee. The delivery shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of receipt. (b) Every notice served upon the Licensee shall be delivered or sent by certified mail (postage prepaid) to the Vice-President of Regulatory Affairs, RCN, 105 West First Street, South Boston, MA 02127, with one (1) copy to such other address as the Licensee may specify in writing to the Issuing Authority. The delivery shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time of receipt. (c) All required notices shall be in writing. Section 15.12---NO RECOURSE AGAINST THE ISSUING AUTHORITY In accordance with Section 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 this Renewal License or because of enforcement of this Renewal License. Section 15.13---TOWN'S RIGHT OF INTERVENTION The Town hereby reserves to itself the right to intervene in any suit, action or proceeding involving this Renewal License, or any provision in this Renewal License. The Licensee reserves the right to contest such intervention. Section 15.14---TERM All obligations of the Licensee and the Issuing Authority set forth in this Renewal License shall commence upon the Effective Date of this Renewal License and shall continue for the ten (10) year term of this Renewal License, except as expressly provided for otherwise herein. 51 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT S E-1B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT I FCC TECHNICAL SPECIFICATIONS TITLE 47 TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE §76.605 Technical standards. (a) As of December 30, 1992, unless otherwise noted, the following requirements apply to the performance of a cable television system as measured at any subscriber terminal with a matched impedance at the termination point or at the output of the modulating or processing equipment (generally the headend) of the cable television system or otherwise as noted. The requirements are applicable to each NTSC or similar video downstream cable television channel in the system: (1)(i) The cable television channels delivered to the subscriber's terminal shall be capable of being received and displayed by TV broadcast receivers used for off-the-air reception of TV broadcast signals, as authorized under part 73 of this chapter; and (ii) Cable television systems shall transmit signals to subscriber premises equipment on frequencies in accordance with the channel allocation plan set forth in the Electronics Industries Association's "Cable Television Channel Identification Plan, EIA IS-132, May 1994" (EIA IS-132). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Cable systems are required to use this channel allocation plan for signals transmitted in the frequency range 54 MHz to 1002 MHz. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Copies of EIA IS-132 may be obtained from: Global Engineering Documents, 2805 McGraw Ave., Irvine CA 92714. Copies of EIA IS-132 may be inspected during normal business hours at the following locations: Federal Communications Commission, 1919 M Street, NW, Dockets Branch (Room 239), Washington, DC, or the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. This requirement is applicable on May 31, 1995, for new and re-built cable systems, and on June 30, 1997, for all cable systems. (2) The aural center frequency of the aural carrier must be 4.5 MHz ± 5 kHz above the frequency of the visual carrier at the output of the modulating or processing equipment of a cable television system, and at the subscriber terminal. (3) The visual signal level, across a terminating impedance which correctly matches the internal impedance of the cable system as viewed from the subscriber terminal, shall not be less than 1 millivolt across an internal impedance of 75 ohms(0 dBmV). Additionally, as measured at the end of a 30 meter(100 foot) cable drop that is connected to the subscriber tap, it shall not be less than 1.41 millivolts across an internal impedance of 75 ohms (+3 dBmV). (At other impedance values,the minimum visual signal level,as viewed from the subscriber terminal,shall be the square root of 0.0133 (Z)millivolts and, as measured at the end of a 30 meter(100 foot)cable drop that is connected to the subscriber tap, shall be 2 times the square root of 0.00662(Z) millivolts, where Z is the appropriate impedance value.) (4)The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is connected to the subscriber tap, shall not vary more than 8 decibels within any six-month interval, which must include four tests performed in six-hour increments during a 24-hour period in July or August and during a 24-hour period in January or February,and shall be maintained within: (i)3 decibels(dB)of the visual signal level of any visual carrier within a 6 MHz nominal frequency separation; (ii) 10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable distribution system upper frequency limit(e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and E-2B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC (iii)A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur. (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 carrier may be used to demonstrate compliance with this parameter at each test location. (11) As of June 30, 1995, the following requirements apply to the performance of the cable television system as measured at the output of the modulating or processing equipment(generally the headend)of the system: (i) The chrominance-luminance delay inequality (or chroma delay), which is the change in delay time of the chrominance component of the signal relative to the luminance component, shall be within 170 nanoseconds. (ii) The differential gain for the color 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: Signal E-3B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC 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. Note 1: Local franchising authorities of systems serving fewer than 1000 subscribers may adopt standards less stringent than those in § 76.605(a). Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records. Note 2: For systems serving rural areas as defined in § 76.5, the system may negotiate with its local franchising authority for standards less stringent than those in §§ 76.605(a)(3), 76.605(a)(7), 76.605(a)(8), 76.605(a)(10) and 76.605(a)(11). Any such agreement shall be reduced to writing and be associated with the system's proof-of- performance records. Note 3: The requirements of this section shall not apply to devices subject to the provisions of§§ 15.601 through 15.626. Note 4: Should subscriber complaints arise from a system failing to meet § 76.605(a)(6) prior to December 30, 1999, the cable operator will be required to provide a converter that will allow the system to meet the standard immediately at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order all converters on the system be changed to meet the standard. Note 5: Should subscriber complaints arise from a system failing to meet§ 76.605(a)(10),the cable operator will be required to remedy the complaint and perform test measurements on § 76.605(a)(10) containing the full number of channels as indicated in § 76.601(b)(2) at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order that the full number of channels as indicated in § 76.601(b)(2) be tested at all required locations for future proof-of-performance tests. Note 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] E-4B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 2 GENERAL DESCRIPTION OF THE LEXINGTON INSTITUTIONAL NETWORK RCN provides the fiber optic cable strands that establish the institutional network ("I-NET") for the Town of Lexington (the "Town"). Two single mode fiber optic strands connect each building specified by the Town to the RCN hub using a star network topology. One fiber is used for upstream transmission from the I-NET location to the hub. The second fiber is used for downstream transmission. This second fiber can be optically split, and therefore shared, with other locations on the I-NET. The fibers are used exclusively for the I-NET. In normal use, the I-Net operates as a Gigabit Ethernet system, with both fibers at a location attached to the local Ethernet in that building. A complete Ethernet connection between two buildings is provided by the main switch located at the Hadley Public Services Building. Ethernet packets sent from one I-Net location travel over the local Ethernet carrying addressing information allowing them to flow onto the upstream I-Net strand at that location, then to the main switch, where the address portion determines the I-Net location for which the packets are bound. A temporary connection is made through the switch from the incoming upstream fiber to the outgoing downstream fiber, and the packets are thus sent to the destination I-Net location and onto its local Ethernet. Internet access is also provided at the main switch location: The switch makes a connection from one I-Net location to the Internet access point instead of to a destination I-Net location. For a pair of I-Net locations (or one I-Net location to the Internet) in frequent communication, the switch connection can be maintained for a long time, or even permanently. This saves time in connection setup, but does tie up scarce resources, i.e., the switch connections. Normally, the switch connection is broken down once the communication is terminated. E-5B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 3 CURRENT INSTITUTIONAL NETWORK LOCATIONS Connected I-Net Sites School Administration/Old Harrington, 146 Maple Street Animal Shelter, 72 Westview Street Bowman Elementary School, 9 Philip Road Bridge Elementary School, 55 Middleby Road Isaac Harris Cary Memorial Building, 1605 Massachusetts Avenue Cary Memorial Library, 1874 Massachusetts Avenue Westview Cemetery, 520 Bedford Street Jonas Clarke Middle School, 17 Stedman Road Lexington Community Center, 39 Marrett Road William Diamond Middle School, 99 Hancock Street Joseph Estabrook Elementary School, 117 Grove Street Town Building (Temp Fire HQ Station), 173 Bedford Street East Lexington Fire Station, 1006 Massachusetts Avenue Fiske Elementary School, 55 Adams Street Hadley Public Services Building, 201 Bedford Street Harrington Elementary School, 328 Lowell Street Maria Hastings Elementary School, 7 Crosby Road Lexington High School—4 Buildings, 251 Waltham Street Hosmer House, 1557 Massachusetts Avenue Avalon Bay Communities: Klein Hall, 1001 Main Campus Drive Town Office Building, 1625 Massachusetts Avenue Police Station, 1575 Massachusetts Avenue Irving H. Mabee Town Pool Complex, 80 Worthen Road North Lexington Pump Station, 348 Bedford Street Lexington Recycling Center, 60 Hartwell Avenue Stone Building, 735 Massachusetts Avenue Town Building (Old Senior Center/Council on Aging), 1475 Massachusetts Avenue Water Towers, 14 Morton Road E-6B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC To be Reconnected After Construction Complete Fire Station Headquarters, 45 Bedford Street (estimated 2020) Minuteman Regional High School, 758 Marrett Road (estimated 2020) Visitors Center, 1875 Massachusetts Avenue (estimated 2020) Planned Future Connections Lexington Children's Place (LPS Preschool), 20 Pelham Road (estimated 2019) Pine Meadows Golf Club, 255 Cedar Street (estimated 2021) The Old Reservoir, 501 Marrett Road (estimated 2019) AT&T/Public Safety Tower, 1575 Massachusetts Avenue (estimated 2020) [Behind Police Station] Future/Town Sites — Not Yet Scheduled Chase Skating Facility, 10 Lincoln Street Community Center Extension Building, Pelham Road National Guard Armory, 459 Bedford Street Hayden Recreation Center, 24 Lincoln Street Lexington Housing Authority Countryside, 1 Countryside Village Lexington Housing Authority Greeley, Greeley Village Lexington Housing Authority Vynebrook, Vynebrook Village Softball Field-lighting system, Park Drive The Wright Farm, Grove Street E-7B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 4 DEDICATED FIBER LINK CONNECTIONS TO ACCESS STUDIO Isaac Harris Cary Memorial Building, 1605 Massachusetts Avenue Hancock Church, 1912 Massachusetts Avenue Lexington High School, 251 Waltham Street Minuteman Regional High School, 758 Marrett Road (estimated 2020) [inactive during construction] Town Office Building, 1625 Massachusetts Avenue Visitors Center, 1875 Massachusetts Avenue (estimated 2020) [inactive during construction] E-8B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 5 PROGRAMMING AND INITIAL SIGNAL CARRIAGE The Licensee shall provide the following broad categories of Programming: +News Programming; + Sports Programming; +Public Affairs Programming; + Children's Programming; +Entertainment Programming; +Foreign Language Programming; and +Local Programming. E-9B Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 6 FREE DROPS AND MONTHLY SERVICE TO PUBLIC BUILDINGS The following public buildings and non-profit organizations shall continue to receive Drops and/or Outlets and the monthly Basic Service at no charge **: (1) Stone Building: 735 Massachusetts Avenue (2) East Lexington Fire Station: 1006 Massachusetts Avenue (3) Town Building(Old Senior Center/Council on Aging): 1475 Massachusetts Avenue (4) Police Station: 1575 Massachusetts Avenue (5) Isaac Harris Cary Memorial Building: 1605 Massachusetts Avenue (6) Town Office Building: 1625 Massachusetts Avenue (7) Cary Memorial Library: 1874 Massachusetts Avenue (8) Fire Headquarters: 43 Bedford Street (9) Hadley Public Services Building: 201 Bedford Street (10) DPW Recycling Area: 60 Hartwell Avenue (11) Westview Cemetery: 520 Bedford Street (12) North Lexington Pump Station: 348 Bedford Street (13) Visitors Center: 1875 Massachusetts Avenue (Under Construction) (14) Avalon Bay Communities: Kline Hall, 1001 Main Campus Drive (15) Hancock Church: 1912 Massachusetts Avenue (16) Hayden Recreation Center: 24 Lincoln Street (17) National Guard Armory: 459 Bedford Street (18) Hosmer House Administration Building: 1557 Massachusetts Avenue (19) Animal Shelter: 72 Westview Street (20) Lexington Community Center: 39 Marrett Road (21) Town Building(Temp Fire HQ Station): 173 Bedford Street (22) Irving H. Mabee Town Pool Complex: 80 Worthen Road (23) Lexington Recycling Center: 60 Hartwell Avenue (24) Water Towers,: 14 Morton Road ** and/or such other addresses,without charge, as designated by the Issuing Authority E-10 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 7 FREE DROPS AND MONTHLY SERVICE TO SCHOOL BUILDINGS The following school buildings shall continue to receive Drops and/or Outlets and the monthly Basic Service at no charge **: (1) School Administration Building/Old Harrington: 146 Maple Street (2) Jonas Clarke Middle School: 17 Stedman Road (3) William Diamond Middle School: 99 Hancock Street (4) Bowman Elementary School: 9 Philip Road (5) Bridge Elementary School: 55 Middleby Road (6) Joseph Estabrook Elementary School: 117 Grove Street (7) Fiske Elementary School: 55 Adams Street (8) Harrington Elementary School: 328 Lowell Street (9) Minuteman Regional High School: 758 Marrett Road (10) Lexington High School: 251 Waltham Street Main Building: 251 Waltham Street Science Building: 251 Waltham Street ABC Building: 251 Waltham Street DEF Building: 251 Waltham Street (11) Maria Hastings School: 7 Crosby Road ** and/or such other addresses, without charge, as designated by the Issuing Authority. E-11 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 8 GROSS ANNUAL REVENUES REPORTING FORM Company: RCN Telecom Services of Massachusetts, LLC Municipality: Lexington, Massachusetts Annual Revenue Period: Calendar Year: I. Composition of Total Revenues Subject to License Fee: Revenue Adjustment (specify) Totals Totals by Service: Basic Service Revenue $ [enter amount] Pay Service Revenue' $ [enter amount] Other Unregulated Revenue $ [enter amount] Digital Revenue $ [enter amount Subtotal: $ [enter subtotal] Totals by Non Service: Home Shopping Revenue $ [enter amount] Advertising Revenue $ [enter amount] Leased Access Revenue $ [enter amount] Franchise Fees $ [enter amount] Less Bad Debt/Add Bad Debt Paid $ [enter amount' Subtotal: $ [enter subtotal] Total Gross Revenue $ [enter total] License Fee (5%) $ [enter% of total] Fee on Fee (5%) $ [enter% of%] License Fee Due [enter total duel 1 —Pay Service includes all Pay Channels and Pay-Per-View Movie/Event revenue. 2—Other Unregulated includes converter,remote,installation,TV Guide,wire maintenance,etc. Authorized RCN Representative: Date: E-12 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 9 207 CMR 10.00 BILLING AND TERMINATION OF SERVICE 10.01: Billing Practices Notice Every cable television operator shall give written notice of its billing practices to potential subscribers before a subscription agreement is reached. Such notice shall include practices relating to the frequency and timing of bills, payment requirements necessary to avoid account delinquency, billing dispute resolution procedures and late payment penalties. A copy of the cable television operator's billing practices notice, work order and sample subscriber bill shall be filed by March 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. At least 30 days prior to implementing a change of one of its billing practices, the cable television operator shall notify in writing the Commission, the issuing authority and all affected subscribers of the change and include a description of the changed practice. Statements about billing practices in work orders, marketing, materials and other documents shall be consistent with the billing practices notice. 10.02: Services, Rates and Charges Notice The cable television operator shall give notice of its services, rates and charges to potential subscribers before a subscription agreement is reached. At least 30 days prior to implementing an increase in one of its rates or charges or a substantial change in the number or type of programming services, the operator shall notify, in writing, the Commission, the issuing authority and all affected subscribers of the change and include a description of the increased rate or charge. The notice shall list the old and new rate or charge and, if applicable, the old and new programming services provided. Every cable television operator shall fully disclose in writing all of its programming services and rates, upon request from a subscriber. Every cable television operator shall fully disclose in writing all of its charges for installation, disconnection, downgrades and upgrades, reconnection, additional outlets, and rental, purchase and/or replacement due to damage or theft of equipment or devices used in relation to cable services, upon request from a subscriber. Every cable television operator shall provide written notice of the charge, if any, for service visits and under what circumstances such charge will be imposed, upon request from a subscriber. E-13 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC A copy of the cable operator's programming services, rates and charges shall be filed by March 15th of each year with the Commission, the issuing authority and the company's local office where it shall be made available for public inspection. If an operator amends its notice after the annual filing, it shall file a copy of the amendment with the Commission, the issuing authority and the company's local office. A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. This provision, however, shall not preclude the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing tier of service, or the restructuring or division of existing tiers of service that do not result in a fundamental change in the nature of an existing service or tier of service. 10.03: Form of Bill The bill shall contain the following information in clear, concise and understandable language and format: The name, local address and telephone number of the cable television operator. The telephone number shall be displayed in a conspicuous location on the bill and shall be accompanied by a statement that the subscriber may call this number with any questions or complaints about the bill or to obtain a description of the subscriber's rights under 207 CMR 10.07 in the event of a billing dispute; the period of time over which each chargeable service is billed including prorated periods as a result of establishment and termination of service; the dates on which individually chargeable services were rendered or any applicable credits were applied; separate itemization of each rate or charge levied or credit applied, including, but not be limited to, basic, premium service and equipment charges, as well as any unit, pay-per- view or per item charges; the amount of the bill for the current billing period, separate from any prior balance due; The date on which payment is due from the subscriber. Cable operators may identify as a separate line item of each regular subscriber bill the following: The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to whom the fee is paid; The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise agreement to support public, educational, or governmental channels or the use of such channels; The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber. In order for a governmental fee or assessment to be separately identified under 207 CMR 10.031 it must be directly imposed by a governmental body on a transaction between a subscriber and an operator. All itemized costs shall be direct and verifiable. Each cable operator shall maintain a document in its public file which shall be available upon request, that provides the accounting justification for all itemized costs appearing on the bill. E-14 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC 10.04: Advance Billing and Issuance of Bill In the absence of a license provision further limiting the period of advance billing, a cable operator may, under uniform nondiscriminatory terms and conditions, require payment not more than two months prior to the last day of a service period. A cable subscriber may voluntarily offer and a cable operator may accept advance payments for periods greater than two months. Upon request, a cable television operator shall provide subscribers with a written statement of account for each billing period and a final bill at the time of disconnection. 10.05: Billing Due Dates, Delinquency, Late Charges and Termination of Service Subscriber payment is due on the due date marked on the bill, which shall be a date certain and in no case a statement that the bill is due upon receipt. The due date shall not be less than five business days following the mailing date of the bill. A subscriber account shall not be considered delinquent unless payment has not been received by the company at least 30 days after the bill due date. The following provisions shall apply to the imposition of late charges on subscribers: A cable television operator shall not impose a late charge on a subscriber unless a subscriber is delinquent, the operator has given the subscriber a written late charge notice in a clear and conspicuous manner, and the subscriber has been given at least eight business days from the date of delinquency to pay the balance due. A charge of not more than 5 percent of the balance due may be imposed as a one-time late charge. No late charge may be assessed on the amount of a bill in dispute. A cable television operator shall not terminate a subscriber's service unless the subscriber is delinquent, the cable operator has given the subscriber a separate written notice of termination in a clear and conspicuous manner, and the subscriber has been given at least eight business days from the mailing of the notice of termination to pay the balance due. A notice of termination shall not be mailed to subscribers until after the date of delinquency. A cable television operator shall not assess a late charge on a bill or discontinue a subscriber's cable television service solely because of the nonpayment of the disputed portion of a bill during the period established by 207 CMR 10.07 for registration of a complaint with the operator or during the process of a dispute resolution mechanism recognized under 207 CMR 10.07. Any charge for returned checks shall be reasonably related to the costs incurred by the cable company in processing such checks. 10.06: Charges for Disconnection or Downgrading of Service A cable television operator may impose a charge reasonably related to the cost incurred for a downgrade of service, except that no such charge may be imposed when: A subscriber requests total disconnection from cable service; or E-15 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC A subscriber requests the downgrade within the 30 day period following the notice of a rate increase or a substantial change in the number or type of programming services relative to the service (s) in question. If a subscriber requests disconnection from cable television service prior to the effective date of an increase in rates, the subscriber shall not be charged the increased rate if the cable television operator fails to disconnect service prior to the effective date. Any subscriber who has paid in advance for the next billing period and who requests disconnection from service shall receive a prorated refund of any amounts paid in advance. 10.07: Billing Disputes Every cable television operator shall establish procedures for prompt investigation of any billing dispute registered by a subscriber. The procedure shall provide at least 30 days from the due date of the bill for the subscriber to register a complaint. The cable television operator shall notify the subscriber of the result of its investigation and give an explanation for its decision within 30 working days of receipt of the complaint. The subscriber shall forfeit any rights under 207 CMR 10.07 if he or she fails to pay the undisputed balance within 30 days. Any subscriber in disagreement with the results of the cable television operator's investigation shall promptly inquire about and take advantage of any complaint resolution mechanism, formal or informal, available under the license or through the issuing authority before the Commission may accept a petition filed under 207 CMR 10.07(4). The subscriber or the cable television operator may petition the Commission to resolve disputed matters within 30 days of any final action. Final action under 207 CMR 10.07(3) shall be deemed to have occurred 30 days after the filing of a complaint. Upon receipt of a petition, the Commission may proceed to resolve the dispute if all parties agree to submit the dispute to the Commission and be bound by the Commission's decision and the Commission obtains a statement signed by the parties indicating that agreement. In resolving the dispute, the Commission may receive either written or oral statements from the parties, and may conduct its own investigation. The Commission shall then issue a decision based on the record and the parties shall receive written notification of the decision and a statement of reasons therefor. 10.08: Security Deposits A cable operator shall not require from any cable subscriber a security deposit for converters or other equipment in excess of the cost of the equipment. The cable operator shall pay interest to the cable subscriber at a rate of 7% per year for any deposit held for six months or more, and such interest shall accrue from the date the deposit is made by the cable subscriber. Interest shall be paid annually by the cable operator to the cable subscriber, either as a direct payment or as a credit to the cable subscriber's account. Within 30 days after the return of the converter or other equipment, the cable operator shall return the security deposit plus any accrued interest to the cable subscriber, either as a direct payment or as a credit to the cable subscriber's account. E-16 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 10 FCC CUSTOMER SERVICE OBLIGATIONS TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION PART 76--CABLE TELEVISION SERVICE Subpart H--General Operating Requirements Sec. 76.309 Customer Service Obligations (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b)Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in paragraph (c) of this section; (2) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer service requirements that exceed the standards set forth in paragraph (c) of this section and are contained in current franchise agreements; (3) Any State or any franchising authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein; or (4) The establishment or enforcement of any State or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section. (c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards: (1) Cable system office hours and telephone availability-- (1) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours. (B) After normal business hours, the access line may be answered by a service or an automated response system, including an answering E-17 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC Machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (11) 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. (111) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (iv) Under normal operating conditions, the customer will receive a busy signal less than three (3)percent of the time. (v) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis: (1) Standard installations will be performed within seven(7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (11) Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions"promptly and in no event later than 24 hours after the interruption becomes Known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. (111) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) (iv) An operator may not 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 E-18 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (1) Products and services offered; (2) Prices and options for programming services and conditions of subscription to programming and other services; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service; (5) Channel positions programming carried on the system; and, (6) Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by paragraph (c)(3)(1)(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. (111) Refunds--Refund checks will be issued promptly, but no later than either-- (A) The customer's next billing cycle following resolution of the request or thirty(30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (iv) Credits--Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. (4) Definitions-- (i)Normal business hours--The term"normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. (11)Normal operating conditions--The term"normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, E-19 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC 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. (111) Service interruption--The term "service interruption"means the loss of picture or sound on one or more cable channels. E-20 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC EXHIBIT 11 MASSACHUSETTS CABLE DIVISION FORM 500 (See Attached) E-21 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC r t ry �" M10 ' �- co r• ti--F • A I� Li Li Li Li Li Li Li Li Li Li U U �3 rr� V L L.J Un • . i V G yC- yyyyyy L], U LA i CL o t *-. e'N . Cp Ll L-1 Lj Li .. rr Fr Lj L-i i-i L-i LJ LJ L LJ L LJ Ll Lj E-22 Lexington Cable Television Renewal License RCN Telecom Services of Massachusetts,LLC SIGNATURE PAGE In Witness Whereof, this Renewal License is hereby issued by the Board of Selectmen of the Town of Lexington, Massachusetts, as Issuing Authority, and all terms and conditions are hereby agreed to by RCN Telecom Services of Massachusetts, LLC, this day of June, 2019. Douglas M. Lucente, Chairman Jill I. Hai,Vice-Chair Suzanne E. Barry Joseph N. Pato Mark D. Sandeen The Board of Selectmen, as Issuing Authority. By: Jeff Carlson Title: Senior Vice President and General Manager E-23 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Authorize Communications Advisory Committee to Begin Negotiating Process for the Verizon New England Inc. Cable Television License Renewal PRESENTER: ITEM NUMBER: Ken P ogran, C ommunication Advisory Committee Chair I.3 SUMMARY: Ken P o gran, Chairman of the Communications Advisory Committee, will discuss the plan for Verizo n New England lic ens e renewal. Verizo n's cable television lic ens e with the Town of Lexington exp ire s on October 29, 2021. Verizo n notified the Town on March 18, 2019 that they wish to renew their license, and this notification started the clock on the renewal process. The Town must begin preparation for negotiations within six months of Verizo n's notification. SUGGESTED MOTION: Move that the Communications Advisory Committee be authorized to begin the process of negotiating a renewal cable television lic ens e with Verizo n New England. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/24/2019 1:15 p.m. ATTACHMENTS: Description Type Llfer Rackup Material RECEIVED SELECTMEN Communications Advisory Committee Request for a Motion re: Renewal of the Cable Television License of Verizon New England Verizon's cable television license with the Town of Lexington expires on October 2g, 2021. By federal and state law and regulations (collectively, the "Rules"), negotiations for a renewal license can start between 36 and 30 months prior to the expiration date. Verizon notified the Town on March A, 2o19that they wish to renew their license, and this notification started the clock on the renewal process. The Town must begin preparation for negotiations within six months of Verizon's notification September 18, 2019. The Communications Advisory Committee (CAC) requests that the Board of Selectmen (the "Board") pass a motion substantially similar to the following: "Moved, that the Communications Advisory Committee be authorized to begin the process of negotiating a renewal cable television license with Verizon New England." The following information is provided in support of this request. Regulatory Requirements and Our Plan A two-phase "Formal Process", specified by the Rules and described below, is always in the background to ensure that the renewal license is executed before the current license expires, and that both parties' rights are protected. However,the CAC intends to hold ongoing informal discussions with Verizon, as allowed by the Rules and encouraged by the state's guidelines, to try to get toessential agreement without the complications of the formal process. The first Phase of the renewal process is "Ascertainment": —Reviewing the cable operator's performance under the current license, and, —Determining the cable-related needs and interests of the community. Request for Motion on Negotiating Renewal License with Verizon June, 2019 The CAC has found in the past that a good way to do this is to: 1. Request input from the Town Manager and the Superintendent of Schools,to determine municipal needs, and, 2. Hold a public hearing, to allow residents to contribute their ideas. Usually, the raw ideas submitted needed to be filtered. Some requests may be outside the scope of requests we can legitimately make to Verizon, others may be satisfied in informal discussions with Verizon or the other cable operators as part of their existing licenses, and still other requests may be satisfied by CAC actions to obtain and provide existing information to the requestor. The CAC will bring the remaining requirements to the Board for their concurrence before sharing them with Verizon. Completion of Ascertainment The announcement that Ascertainment is complete is not merely an objective statement that we have a complete,validated set of requirements to present to Verizon. It is also a tool for controlling the pace of the renewal process, as it that announcement initiates Phase 2. Phase z Reaching a New License Agreement If the informal discussions have resulted in agreement, all that remains is for the CAC to ask the Board to approve the new terms, update the draft to reflect any changes, conduct a public hearing on the new terms, and have both parties (the Board and Verizon) sign. If the parties have not been able to agree on terms of a renewal license during informal discussions, completion of Ascertainment marks the time at which the CAC will ask the Town Manager to issue a formal RFP to the operator. The technical content of the RFP may be a marked-up copy of the current license. The operator will usually have 30 or 45 days to respond with a proposal, and the Town will have four months for discussion and negotiation, after which the CAC will bring its recommendations to the Board. Following a public hearing on the new terms,the Board must decide whether or not to grant the renewal license. If the renewal license is granted,the Board (as the Issuing Authority for cable television licenses) and the operator must each sign the final draft. If the Board decides not to renew, there will likely be a suit by the operator that may be costly to defend, so it is important that the Town meet all of the formal negotiation milestones spelled out in the Rules,to avoid the appearance of fault. 2 Request for Motion on Negotiating Renewal License with Verizon June, 2019 Time Scale The Ascertainment public hearing of may be held as early as the fall or winter of 2019. The Rules require that Ascertainment be completed six months prior to expiration of the current license (April zozl). But the RFP/proposal process itself can take five months or more, leaving inadequate time to obtain signatures before expiration. On the other hand, we do not want to execute the renewal license too early. With two-and-a-half year period until expiration of the current license, a lot can happen in the technical and regulatory environments. By delaying official completion of Ascertainment to late 202O(about 12 months prior to expiration), we can ensure any RFP incorporates our latest understanding of the direction of the cable business, while allowing sufficient time to negotiate final language and get to an executed renewal license before the current license expires. Respectfully submitted, /sign ed/ Kenneth T. Pogran Chair, Communications Advisory Committee 3 a Pamela N.Goldstein 1V1r1z%Aftintl Associate General Counsel 111 Ma in Street,611 Floor White Plains,New York 10601 (914)821-9702 pamela.goldstein@,verizon.com BI, U.S. Postal Service Certified Alail March I 81 21019 RP'CC/VED Town of Lexington Town Office Building MAR 1625 Massachusetts Avenue L.,exington, MA 0'2420-3893 ro' Attention.: James J. Malloy, Town Manager VV'�' iVIA N A Re: Franchise Renewal Notice Requesting Commenceniew of Formal OPF,ICE Renewal Proceediiigv under Section 626 qfile Communications Act Dear Mr. Malloy: Verizon New England Inc. ("'Verizon")appreciates the opportunity to provide competitive cable service in, the Town of Lexington(the"Town"). Our records indicate that the cable television license granted by the Town and held by Verizon expires on October'19, 2011. Section 626 of the Communications Act of 1934, as amended, delineates formal procedures to be followed to renew cable television licenses that must be invoked 30 ----36 months prior to license expiration or certain protections may be lost. As we are now in that time frame, by way of this letter Verizon gives notice that it seeks renewal of its cable television license and respectfully requests that the Town commence renewal proceedings pursuant to Section 6226(a). While Verizon seeks to preserve its rights under the formal renewal process, the Communications Act also I- I-P authorizes franchise renewal through good faith, informal negotiations. Section 6-26(h)contemplates an alternative renewal process that also affords public notice and opportunity for comment but does not require strict adherence to the substantive and procedural requirements outlined in the statute. I have enclosed a copy of Section 626 of the, Communications Act for your review. The informal approach may be Mutually beneficial. With the understanding that proceeding in this manner will not waive any of the rights of the parties under the formal process, Verizon is agreeable to discussing the terns of a renewal agreement with the Town on an informal basis at a mutually convenient time. Verizon is proud to serve the residents of Lexington. We will contact you shortly to schedule a meeting to determine how best to proceed. We look forward to meeting with ng you and working with you on the license renewal. .W t" Very truly yours, Pamela N. Goldstein Enclosure: Communications Act Section 626(47 U.S.C. 546) cc., William L Lahey, Esquire, Anderson& Kreiger 1-1-P