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Department of Public Works
o Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
To:
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ..:::fit
January 17, 2012
Agenda Date:
Subject:
WaveDlvlslon Cable lV f1: Telecommunications Temporary Franchise
Schedule Public Hearing
Statement of Issue:
Attached for the Board's review and consideration In a public hearing is a Resolution
granting WaveDivislon I, LLC (Wave) a temporary (six month) nonexclusive franchise
to construct, maintain, and operate cable lV and telecommunications transmission
and distribution facilities in County rights-of-way In eastern Jefferson County.
Also attached is a public notice for a Board of Commissioners hearing on February 6.
Analysis/Strategic GoalslPro's f1: Con's:
Broadstrlpe currently provides cable television and telecommunications services In
Jefferson County. Broadstripe's cable television franchise has expired. Wave has
entered Into an agreement with Broadstripe to purchase Broadstripe's system In
Jefferson County. Wave has applied to Jefferson County for a temporary franchise to
facilitate Its purchase of Broadstripe's system. If the Board grants Wave the
temporary franchise, Wave would, as a condition of the temporary franchise, apply
for a new long-term franchise.
It Is in the public Interest and the Interest of Broadstripe's current customers for
Wave to purchase Broadstripe's system and continue cable television and
telecommunications services In Jefferson County.
Significant franchise terms and conditions:
. Section 2 Franchise describes the terms and conditions of the franchise. The
express terms and conditions of the franchise constitute a binding contract
between Jefferson County and Wave. The franchise would. be for six months. The
Board could extend the franchise for an additional six months.
... -~.- _S
Department of Public Works
o Consent Agenda
Page 2 of 2
. Section 3 Performance of Work establishes the requirements for Wave to install
and operate facilities in County rights-of-way.
. Section 4 Relocation describes the process and requirements for Wave to relocate
its faclllties in County rights-of-way in order to accommodate County projects.
. Section 6 Rights and Powers Reserved to the County requires Wave to pay the
County a franchise fee equal to 5% of the gross revenues from its cable TV business
in or related to Jefferson County. This is a typical cable TV franchise requirement
that is provided for by the Federal laws regulating cable TV. Wave's franchises in
Port Townsend, Port Angeles, and Kitsap and Clallam Counties have this provision.
This section also requires Wave to reimburse the County for its expenses related to
developing the temporary and new franchises.
. Section 7 Indemnification indemnifies the County against third party claims related
to Wave's negligence.
. Section 8 Insurance establishes Wave's insurance requirements.
. Section 10 Customer Service requires Wave to comply with Federal
Communications Commission's (FCC) customer service standards for cable TV
system operators. It also requires Wave to provide a report to the County
regarding its compliance. The County will consider the report when considering
Wave's request for a long-term franchise.
. Section 11 Technical Standards requires Wave to comply with FCC technical
standards. It also requires Wave to provide a report describing the performance of
its system. The County will consider the report when considering Wave's request
for a long-term franchise.
Fiscal Impact/Cost Benefit Analysis:
The franchise requires Wave to reimburse Public Works for its staff time expense in
preparing the franchise and for the expense of publishing and posting the public
hearing notice and filing the franchise with the County Auditor.
Recommendation:
Public Works requests that the Board schedule a public hearing on the Franchise
Resolution at 10:00 AM on February 6, 2012 and that the Chair of the Board sign the
attached public hearing notice.
Public Works will conduct a workshop and answer questions on the Franchise
Resolution before the public hearing.
istrator
I/;O~L
Date
NOTICE OF PUBLIC HEARING:
WA VEDIVISION I, LLC CABLE TV & TELECOMMUNICATIONS FRANCHISE
Notice is hereby given that the Jefferson Counly Board of Commissioners will conduct a public hearing on
Monday February 6, 2012 at 10:00 AM in the Commissioners' Chambers at the Jefferson Counly
Courthouse, 1820 Jefferson 8treet, Port Townsend, Washington, to take testimony concerning a proposed
Resolution granting a nonexclusive, temporary franchise to WaveDivision I, LLC (Wave) to construct,
maintain, and opemte cable TV and telecommunications tmnsmission and distribution facilities within
Counly Road rights-of-way located in the following Townships (T), Ranges (R), and 8ections (8) in the
easterly portion ofunincorpomted Jefferson Counly: T 25 North, R 1 West, 82-5; T 25 North, R 2 West,
82-11,14-17,21,28-32; T 26 North, R 1 West, 8 1-3,5-7,9-12, 14-16, 18, 19,21-23,27-29,32-35; T 26
North, 2 West, 8 2, 11, 13,23-25; T 27 North, R 1 East, 82-9, 16-20; T 27 North, R 1 West, S 1-20,22-
32,34-36; T 27 North, R 2 West, 8 1-4,9-16,21-28,36; T 28 North, R 1 East, S 4-10, 15-23,25-35; T 28
North, R 1 West, S 1-36; T 28 North, R 2 West, S 1-4,9-16,21-28,33-36; T 29 North, R 1 East, S 3-10,
16-19, 29-33; T 29 North, R 1 West, 8 1-36; T 29 North, R 2 West, 8 1-4, 9-16, 21-28, 33-36; T 30
North, R 1 East, 8 17, 18,20,28,29,32,33; T 30 North, R 1 West, S 4-9, 16-22,26-35; T 30 North, R 2
West, 8 I, 12, 13,23-25,27,28,33-36; and T 31 North, R 1 West, 8 31-33. The temporary franchise
would be for a six month period during which Wave would purchase the existing facilities owned by
Broadstripe, LLC and negotiate a new franchise with Jefferson Counly.
Copies of the proposed Resolution are available at the Commissioners' Office at the Counly Courthouse,
1820 Jefferson 8treet, Port Townsend, Washington. Copies may also be requested by calling the
Commissioners' Office at (360) 385-9100 or emailingjeftbocc@coJefferson.wa.us. The proposed
Resolution can also be viewed on the Counly website at www.coJefferson.wa.us.
Comments on the proposed Resolution can be made by letter to the Jefferson Counly Board of
Commissioners, PO Box 1220, Port Townsend, WA 98368 or by email toiefibocc@co.iefferson.wa.us.
Written comments must be received by 4:00 PM on Friday February 3, 2012. Comments can also be made at
the public hearing.
The meeting site is ADA accessible. Accommodations for people with disabilities can be armnged with
advance notice by calling 385-9100.
John Austin, Chair
Jefferson CollOly Board of Commissioners
. STATE OF WASHINGTON
COUNTY OF JEFFERSON
rmcopy
In The Matter of the Application by )
WaveDivision I, LLC )
For a Temporary Nonexclusive Franchise )
To Construct, Maintain, and Operate )
Cable Television and Telecommunication )
Transmission and Distribution Lines )
Together With Poles, Wires, and Other )
Appurtenances Upon, Over, Along, and )
. Across A Franchise Area Within )
Unincorporated Jefferson County )
Resolution
Granting A Temporary
Nonexclusive Franchise
WHEREAS, Broadstripe, LLC, a Delaware limited liability company (Broadstripe), currently
provides cable television and telecommunications services within Jefferson County; and
WHEREAS, the cable television franchise issued by Jefferson County to Broadstripe on June 23,
1981 expired on June 23, 2006 and Broadstripe has continued to provide cable television and
telecommunications services within Jefferson County pursuant to authority granted by Jefferson
County Board of County Commissioners (the Board) under Resolution 75-07; and
WHEREAS, on August 16, 2011, Broadstripe and WaveDivision !, LLC, d/b/a Wave
Broadband, (Wave) entered into a Purchase and Sale Agreement with Broadstripe and other
related parties for the sale of certain assets ofBroadstripe to Wave, including all ofBroadstripe's
assets comprising its cable television and telecommunications transmission and distribution
system in Jefferson County (the Transaction); and
WHEREAS, the Board desires to negotiate a new cable television and telecommunications
franchise (the New Franchise) with Wave containing such terms and conditions as are consistent
with Federal statutes and the Jefferson County Code Title 13 Utilities and are mutually agreeable
to Wave and the Board; and
WHEREAS, it is in the public interest for Wave to have authority to provide cable television and
, telecommunications services within JefferSon County pending the negotiation of the New
Franchise; and .
WHEREAS, the Board desires to grant Wave a temporary nonexclusive franchise (the
Temporary Franchise) to install, construct, repair, replace, maintain, relocate, extend, remove,
opemte, and use cable television and telecommunications transmission and distribution lines
together with poles, wires and other appurtenances upon, over, along and within unincorporated
Jefferson County; and
WHEREAS, Wave has applied to the Board for the Temporary Franchise; and
WHEREAS, Jefferson ~unty Code (JCe) 13.60 requires cable television and
Wave Tempo1'lll'Y Franchise 1
telecommunications providers who occupy County rights-of-way to obtain a franchise from the
County pursuant to ICC 13.60 through 13.92 and pay all fees provided therein; and
WHEREAS, ICC Chapters 13.60 through 13.92 specify standards and procedures for granting
nonexclusive franchises for cable television and telecommunications providers to occupy County
rights-of-way; and
WHEREAS, Wave has registered with the County as per the requirements of ICC Chapter 13.64;
and
WHEREAS, the Board finds that granting the Temporary Franchise is consistent with the
requirements of JCC Section 13.60 through ICC 13.92 in that:
(a) Wave has the financial and technical ability to fulfill its obligations under a franchise
granted by Jefferson County;
(b) Wave has legal standing to be granted a franchise;
(c) Wave will acquire all of Broadstripe's cable television and telecommunications
system distribution facilities already located in County rights-of-way;
(d) Granting the Temporary Franchise would not significantly damage or disrupt public
or private facilities, improvements, services, travel, or landscaping, provided that there is
appropriate planning and provision for installation, maintenance, and repair of Wave's facilities;
(e) The public interest in minimi7.ing the cost and disruption resulting from the presence
of Wave's facilities in County rights-of-way can be protected;
(f) Granting the Temporary Franchise will enable Wave to continue to provide cable
television and telecommunications services in Jefferson County and not disrupt services to the
citizens of the County who subscribe to such services;
(g) Granting the Temporary Franchise will protect the public's health, safety, and
welfare;
(h) Granting the Temporary Franchise is consistent with applicable Federal, State, and
County laws, regulations, rules, andpolicies, including RCW 36.55, RCW 80.32, ICC 13.56, and
JCC 13.60 through 13.92; and
WHEREAS, pursuant to RCW 36.55 and RCW 80.32, notice was posted in three (3) public
places in the County seat at least fifteen (15) days before the hearing date and notice was
published once a week for two (2) cOD.1lecutive weeks in the official County newspaper of record,
the last publication being not less than five (5) days before the date fixed for the hearing; and
WHEREAS, pursuant to RCW Chapter 36.55 and RCW Chapter 80.32, a hearing on the
application was held on the _ day of .2012; and
Wave Temporary Franchise
2
WHEREAS, the Board finds that it is in the public interest to grant the Temporary Franchise to
Wave;
NOW, THEREFORE, BE IT RESOL YED BY THE BOARD OF COMMISSIONERS OF
JEFFERSON COUNTY that the Temporary Franchise is hereby granted to Wave, hereinafter
Grantee, under the following express terms and conditions:
SECTION 1 DEFINITIONS The terms listed below, as used in this Franchise, shall
have the meanings given herein. When not inconsistent with the text, words used in the present
tense include the future tense, words in the plural number include the singular number, words in
the singular number include the plural number, and the use of any gender shall be applicable to
all genders. The words "shaH" and ''will'' are mandatory, and the word "may" is permissive.
Words not otherwise defined sba1l be given their co=on and ordinary meaning.
1.1 "Board" means Board of County Commissioners of Jefferson County.
1.2 "County" means Jefferson County, a municipal corporation and political subdivision
of the State of Washington, represented by its designated employees, representatives, and agents,
including, but not limited to the County Administrator, County Engineer, and their designees.
1.3 "Emergency" means any condition constituting a clear and present danger to life,
safety, or property.
1.4 ''Engineer'' means the County Engineer or designee.
1.5 "Facilities" means, collectively, any and all (i) cable television and
teleco=unications transmission and distribution systems, including but not limited to, poles
(with or without crossarms), wires, lines, comluits, cables, braces, guys, anchors, and vaults and
(ii) any and all other equipment, appliances, attachments, appurtenances and other items
necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the
same be located above or underground.
1.6 "FCC" means the Federal Communications Commission or such successor regulatory
agency having jurisdiction over cable television and teleco=unications companies.
1. 7 "Franchise" means the grant of rights, privileges, and anthority embodied in this
Resolution.
1.8 "Franchise Area" means all rights-of-way for County roads, streets, avenues, alleys,
aild highways located within those portions of the County listed in Attachment A - Wave
Service Territory and not within an incorporated city or town, as now or as may hereafter be laid
out, platted, dedicated, or improved within the present limits of the County and as such limits
may be hereafter extended. The Franchise Area does not include (a) any other County owned or
leased properties or easements (i.e., County owned or leased properties or easements unrelated to
the roads, streets, avenues, alleys and/or highways described above), including, but not limited
to, parks, trails, faciIities, or pits, located inside or outside of the boundaries of the County, or
(b) Grantee owned or leased properties or easements located inside or outside of the boundaries
Wave Tempormy Franchise 3
of the County.
1.9 "JCC" means the Jefferson County Code, as it now exists or as it is later amended or
superseded.
1.10 "MUTCD" means the Manual on Uniform Traffic Control Devices, as adopted by
the Washington State Department of Transportation and published by the United States
Department of Transportation, Federal Highway Administration, as it now exists or as later
amended or superseded.
1.11 "Parties" or "Party" means collectively the County and Grantee, and individually
either the County or Grantee.
1.12 "Person" means an individual, entity, corporation, partnership, firm, association,
joint venture, or organization of any kind.
1.13 "Public Improvement Project" means any County capital improvement undertaken
by the County, including projects listed in the County's Six-Year Transportation Improvement
Program or Annual Construction Program, or the construction, relocation, expansion, repair,
maintenance, or removal of any County-owned facility located on, in, over, or under the
Franchise Area that is undertaken by the County for parks; roads and/or streets; curbs and/or
sidewalks; pedestrian, bicycle, and/or other non-motorized transportation facilities; water
systems; sanitary sewer systems; bridges, culverts, and storm drainage facilities; and County-
owned fiber optic cable, conduit, or network facilities. A Public Improvement Project will not
include any development or other activity requiring the relocation of Grantee's Facilities for the
benefit of a Third Party.
1.14 "Third Party" means any Perso.n other than the County and Grantee.
SECTION 2 FRANCHISE
2.1 Grant of Franchise.
2.1.1 Pursuant to the laws of the State of Washington, including, but not limited to,
RCW 36.55 and RCW 80.32.010, the County hereby grants to Grantee, subject to and in
accordance with the terms and conditions set forth herein, a nonexclusive franchise that grants
the right, authority and franchise to install, construct, repair, replace, maintain, relocate, extend,
remove, operate, and use Facilities in, upon, over, under, along, through, and across the
Franchise Area.
2.1.2 The Franchise granted shall not convey to Grantee any title or ownership
interest in the Franchise Area, but shall be deemed a Franchise only to use and occupy the
Franchise Area for the limited purposes and term stated herein.
2.1.3 The Franchise granted shall not authorize, excuse, preclude or prohibit Grantee
from securing such further easements, leases, permits, or other approvals as may be required or
desired to lawfully occupy and use the Franchise Area.
Wave Temporary Franchise
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2.1.4 The Parties acknowledge and agree that this Franchise shall not govern, cover,
or apply to any Facilities located on Grantee owned or leased properties or easements (whether
inside or outside of County rights-of-way, whether granted by a private or public entity, and
whether now existing or hereafter acquired) and that such Facilities are not, and will not be
deemed to be, located pursuant to rights derived from this Franchise.
2.1.5 The Franchise granted shal1 not be constrUed as any warranty of title.
2.1.6 No act, event or occurrence shall give Grantee any rights to occupy or use the
Franchise Area permanently nor shall operate as an estoppel against the County.
2.1.7 Grantee specifically agrees to exercise its rights within the Franchise Area in
accordance with all applicable Federal and State of Washington laws and applicable rules and
regulations, as now exist or as later amended or superseded; and all applicable County codes,
including, but not limited to, JCC Title 13 Utilities, Division II. Accommodation of Utilities
upon Jefferson County Rights-of-Way, Chapter 13.56 and Division ill Telecommunications Use
of Jefferson County Rights-of-way, Chapters 13.60 through 13.92, resolutions, and ordinances,
as now exist or as later amended or superseded; provided, however, in the event of a conflict or
inconsistency between any such provisions and this Franchise, the express terms and conditions
of this Franchise will govern; provided, further, nothing herein shall be deemed to waive,
prejudice, or otherwise 1imit any right of appeal afforded Grantee by such County codes,
resolutions and ordinances.
2.1.8 The express terms and conditions of this Franchise constitute a valid and
enforceable contract between the Parties.
2.2 Noninterference. All installation, construction, repair, replacement, maintenance,
relocation, extension, removal, operation, and use of Grantee's Facilities performed in, upon,
over, under, along, andlor across the Franchise Area shall be done in such a manner as not to
interfere with the free passage of pedestrian andlor vehicle traffic therein; the reasonable ingress
or egress to the properties abutting the Franchise Area as they exist at the time of installation of
the Facilities; the use, maintenance, and repair of existing County facilities and uses within the
Franchise Area; or the use, maintenance, and repair of existing utilities, drainage facilities, or
other improvements located within the Franchise Area. Grantee's Facilities shal1 have the same
preference in regard to non-County facilities, including, but not limited to, utilities, drainage
facilities, or other improvements that are proposed to be installed in the Franchise Ai-ea
subsequent in time to Grantee's Facilities. Nothing in this Section 2.2 is intended to or will
affect or modify the rights and obligations of the Parties with respect to the relocation of
Grantee's Facilities under Section 4. All relocations of Grantee's Facilities will be undertaken
only subject to and in accordance with the terms, conditions, and requirements set forth in
Section 4.
2.3 Drawings. Grantee shall provide the County, upon the County's reasonable request,
copies of available drawings in Grantee's possession showing the location of Grantee's Facilities
at specific locations within the Franchise Area. As to any such drawings so provided, Grantee
does not warrant the accuracy thereof and to the extent the location of the Facilities are shown
such Facilities are shown in approximate location. Upon the County's request, in connection
Wave Temporary Franchise
5
with the design of any County improvement project within the Franchise Area, Grantee shall
verify the location of its underground Facilities within the Franchise Area by excavating,
in,cluding pot holing, at no expense to the County. With respect to any excavations by or on
behalf of Grantee or the County within the Franchise Area, nothing .herein is intended nor shall
be construed to relieve either Party of their respective obligations arising under applicable law
with respect to determining the location of utility facilities.
2.4 Term of Franchise.
2.4.1 Term of Franchise. This Franchise is granted for a period of six (6) months
from the date of the Transaction..
2.4.2 Franchise Acceptance. As an express condition of this Franchise, within sixty
(60) days after the adoption of this Franchise by the Board, Grantee shall file with the Clerk of
the Board its written acceptimce of the Franchise. At the time of filing its written acceptance,
Grantee shall reimburse the County for the expenses required to be paid by Grantee under
Section 6.2, deliver to the County the required evidence of insurance set out in Section 8, and
make application to the County for the New Franchise. In the event Grantee fails to accept this
Franchise in the marmer specified above within the said sixty (60) days, this Franchise shall be
null and void.
2.4.3 Franchise Extension. This Franchise may be extended, at the sole discretion of
the Board, for an additional period not to exceed six (6) months upon the written request of
Grantee, such request to be submitted not less than thirty (30) days prior to the expiration of the
Temporary Franchise.
2.5 Nonexclusive Franchise. The Franchise granted herein shall be nonexclusive. The
County specifically reserves the right to grant at any time such rights, permits, licenses, and/or
franchises to Persons to use the Franchise Area for similar or different purposes allowed
hereunder as the County deems appropriate, so long as the same does not interfere with Grantee's
rights under this Franchise. Subject to this Franchise, Grantee shall not prevent or prohibit the
County from constructing, altering, maintaining, or using any portion of the Franchise Area or
affect its jurisdiction over any part thereof: the County having full power and authority to make
all necessary changes, relocations, repairs, or maintenance of the Franchise Area as the County
deems appropriate. Grantee acknowledges that it cannot exclude the County from any portion of
the Franchise Area where it uses or occupies that portion of the Franchise Area unless the
County expressly agrees to such exclusion in writing. .
2.6 Facilities Installed by Prior Franchise. Existing Facilities installed or maintained by
Grantee in accordance with prior franchise agreements on public grounds and places within the
County (but which are not within the Franchise Area as defined by this Franchise) may be
maintained and operated by Grantee at the location where such Facilities exist as of the effective
date of this Franchise for the term of this Franchise; provided, however, that no such Facilities
may be enlarged, improved or expanded without the prior review and approval of the County
pursuant to the provisions of any applicable County codes, ordinances, regulations, standards,
procedures, and/or permits, as now exist or as later amended or supenieded.
Wave Temporary Franchise
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SECTION 3 PERFORMANCE OF WORK
3.1 Permit Required.
3.1.1 Work by Grantee within the Franchise Area shall conform to the requirements
of the applicable codes, ordinances, and standards, including ICC 13.56 and ICC 13.60 through
13.92; provided, however, in the event of a conflict or inconsistency between any such
requirements and this Franchise, the express terms and conditions of this Franchise will govern
and control.
3.1.2 Prior to commencing any work within the Franchise Area, Grantee shall apply
for and receive a utility permit from the County pursuant to the requirements of ICC l3.~6.
3.1.3 Work by Grantee shall comply with the utility permit and plans. The County .
may order removal at Grantee's expense of work that does not comply with the permit or plans.
3.1.4 Grantee is solely responsible for the performance and completion of work
anthorized by a utility permit that is issued to Grantee.
3.2 Emergency Response and Repairs.
3.2.1 In the event of an emergency or the need for unexpected repair, Grantee may
commence such emergency response or repair as required by the circumstances, provided that
Grantee shall notify the County in writing before commencing the work or within twenty-four
(24) hours, if advance notice is not practicable. In the event that Grantee conducts emergency
response or repairs under this section, Grantee shall make application for an utility permit as
soon as practicable, but in no event (unless waived by the County) later than thirty (30) days
from the emergency event.
3.2.2 In the event any of Grantee's Facilities Within the Franchise Area are in a
condition such that, in the reasonable opinion of the Engineer, an Emergency is created, Grantee
upon request of the Engineer shall expeditiously and at its own expense repair the Facilities and
correct the emergency condition.
3.3 Restoration. After installation, construction, relocation, maintenance, removal,
repair, or replacement of any of Grantee's Facilities within the Franchise Area, Grantee at its
expense shall expeditiously restore the Franchise Area and any County property within the
Franchise Area that may have been disturbed or damaged by such work to at least the same
condition as they were in immediately prior to any such work. The County shall have final
approval of the condition of the Franchise Area after restoration pursuant to the provisions of
applicable County codes, ordinances, regulations, standards, and procedures as now exist or as
later amended or superseded; provided, however, nothing herein shall be deemed to waive,
prejudice, or limit any right of appeal afforded by such codes, ordinances, regulations, standards,
or procedures. Grantee or its agent shall contact the County for inspection upon completion of
work.
3.4 Refuse and Debris. Grantee shall promptIyremove and properly dispose of refuse
Wave Temporary Franchise
7
and debris resulting from any of Grantee's work within the Franchise Area. Grantee shall
remove refuse and debris on a regular basis during the work day to keep all travel ways clear.
Should Grantee's work last for more than one day in a particular part of the Franchise Area, all
refuse and debris shall be removed prior to leaving the site at the end of the work day, to the
extent feasible in light of the work being undertaken by Grantee .
3.5 Financial Security. The County may require Grantee to post financial security, as
determined by the County, to ensure satisfactory completion of construction, including, but not
limited to, restoration of the Franchise Area following the completion of Grantee's work therein.
At the County's discretion, Grantee may provide and maintain a single on-going financial
security covering multiple permits in lieu of individual surety.
3.6 Monuments. All survey monuments that are disturbed, displaced, or destroyed by
Grantee in its performance of any work under this Franchise shall be referenced and restored by
Grantee, as per Chapter 332-120 WAC, as from time to time amended, and all pertinent Federal,
State and County standards and specifications.
3.7 Workmanlike Manner. All work performed by Grantee within the Franchise Area
shall be done in accordance with adopted County codes, ordinances, regulations, standards, and
procedures, together with the laws of the State of Washington, all as now exist or as later
amended or superseded in a thorough, professional, and workmanlike manner.
3.8 Traffic Control. Grantee's activities within the Franchise Area and activities within
the Franchise Area conducted by Grantee's agents or by Third Parties under a Jefferson County
permit issued to Grantee shall conform to the latest edition of the Manual on Uniform Traffic
Control Devices, the requirements of JCC 13.56.460 Traffic Control, and approved traffic
control plans. It shall be the responsibility of Grantee to ensure compliance. Grantee shall be
liable for any damages resulting from Grantee's failure to provide adequate traffic control.
SECITON 4 RELOCATION OF FACILITIES FOR PUBLIC IMPROVEMENT
PROJECTS
4.1 Grantee at its own expense shall relocate its Facilities existing within the
Franchise Area as necessary to accommodate Public Improvement Projects, in accordance with
and subject to the terms and conditions set forth in this Section 4. The County acknowledges
that Grantee's ability to relocate its Facilities within the Franchise Area to accommodate Public
Improvement Projects may be constrained due to the need to acquire property rights or long lead
time items or to other conditions beyond Grantee's control. In order to reasonably accommodate
Grantee's constraints, while recognizing the County's authority to manage the Franchise Area
and responsibility to construct Public Improvement Projects within the County's funding and
scheduling constraints, the Parties will at all times work cooperatively and in good faith with the
goal of ensuring that relocations of Grantee's Facilities within the Franchise Area that are
required to accommodate Public Improvement Projects are planned, scheduled, and completed
promptly and with due regard to the interests and constraints of both Parties.
4.2 In order to assist Grantee in planning for Public Improvement Projects that may
Wave Temporary Franchise
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require relocation of Grantee's Facilities within the Franchise Area, the County shall:
a. Provide Grantee with a copy of the Jefferson County Six Year Transportation Improvement
Program within thirty (30) days of its adoption by the Board;
b. Provide Grantee each year with a copy of the Jefferson County Annual Construction Program
within thirty (30) days of its adoption by the Board;
c. Meet with Grantee at Grantee's request during the first quarter of each year to discuss Public
Improvement Projects in the Annual Construction Program that may require relocation of
Grantee's Facilities; and
d. Provide Grantee with written notice and thirty percent (30%) complete plans for Public
Improvement Projects that may require relocation of Grantee's Facilities within thirty (30)
days of their preparation.
4.3 Whenever the County undertakes a Public Improvement Project that requires
relocation of Grantee's Facilities within the Franchise Area, the County shall, within a
reasonable time prior to the commencement of the Public Improvement Project and in any event
not less than one hundred twenty (120) days prior to the commencement of the Public
Improvement Project, provide Grantee written notice of the required relocation and reasonable
plans, specifications, and schedule for the Public Improvement Project. Within thirty (30) days
of receipt of the notice, plans, specifications, and schedule, Grantee shall provide the County
with a proposed schedule to relocate its Facilities within the Franchise Area that will
accommodate the County's schedule for the Public Improvement Project.
4.4 Subject to compliance by the County with the terms of this Section 4 and to the
maximum extent provided by law, Grantee shall reimburse the County for any and all costs,
expenses, and/or damages that are legally required to be paid by the County to its Third Party
contractor(s) as a direct result of a delay in meeting the schedule for a Public Improvement
Project, but only if, as, and to the extent the delay is directly caused by Grantee's breach of its
obligations under this Section 4.
4.5 If an emergency arises that immediately endangers the property or life of any
individual or poses a threat to public safety or welfare that requires the relocation of Grantee's
Facilities within the Franchise Area, the County shall give Grantee notice of the emergency as
soon as reasonably practicable. Upon receipt of such notice from the County, Grantee shall
relocate the affected Facilities as soon as reasonably practicable at Grantee's expense.
SECTION 5 REMOVAL OF FACILITIES
5.1 In the event Grantee permanently ceases use of any of its Facilities within the
Franchise Area, Grante e shall, within one hundred eighty (180) days after such permanent
cessation of use or such additional time as is agreed to between the Parties, remove such
Facilities at its sole cost and expense, except as set forth in Section 5.2.
5.2 With the express written consent of the Engineer, the Grantee may leave such
Wave Temporary Franchise
9
Facilities in place subject to the conditions set forth in this Section 5.2. The Engineer's consent
shall not relieve the Grantee of the obligation and/or costs to subsequently remove or alter such
Facilities at the County's request, in which case the Grantee shall perform such work at no cost
to the County in accordance with this Section 5.
5.3 The obligations contained in this Section 5 shall survive the expiration, revocation or
termination of this Franchise.
SECTION 6 RIGHTS AND POWERS RESERVED TO THE COUNTY
6.1 Franchise Fee.
6.1.1 During the term of the Temporary Franchise, Grantee shall pay a franchise fee
to the County in an amount equal to five percent (5%) of Grantee's Gross Revenues (as such
term is defined in Section 6.1.2) derived from the operation of its cable television distribution
system in Jefferson County. The franchise fee shall be payable, in arrears, on a quarterly basis
on or before the thirtieth (30th) day of each January, April, July and October. Any franchise fee
not paid as specified herein shall be subject to a twelve percent (12%) annual interest rate from
the date due until paid.
6.1.2 Gross Revenues. As used herein, the term Gross Revenues means any and all
receipts and revenues received directly or indirectly from the provision of cable television
service over the cable system including, but not limited to, revenues such as local and natioual
advertising and Home Shopping Channel revenues and installation fees, except transactions
related to real property receipts by Grantee, any taxes on services furnished by Grantee imposed
on any customer or used by any govermnental unit, agency or instrumentality and collected by
Grantee for such entity, and net uncollectable debts are not considered as revenue in this
definition.
6.1.3 Each franchise fee payment shall be accompanied by a financial report showing
Grantee's gross revenues included in the franchise fee computation.
6.1.4 The County shall have the right,upon no less than ten (10) working days
notice, to audit Grantee's records for the purpose of ascertaining Grantee's gross revenues. In the
event that an audit results in a determination that Grantee has underpaid any franchise fee,
Grantee shall pay the underpaid amount and interest owed within thirty (30) days. In the event
that an audit results in a determination that Grantee has underpaid any franchise fee by more than
five percent (5%), Grantee shall also reimburse the County for its reasonable audit expenses not
to exceed two thousand dollars ($2,000). Any audit shall be subject to reasonable confidentiality
requirements consistent with Grantee's confidentiality obligations under applicable law.
6.2 County Expenses. As provided for in JCC 13.88, the County will recover from the
Grantee the administrative expenses incurred by the County that are related to (a) developing and
approving this Temporary Franchise and the New Franchise, (b) processing permit applications,
reviewing plans, and inspecting construction, and (c) preparing a detailed statement pursuant to
Chapter 43.21C RCW. The expenses related to (a) above shall include staffwage and benefit and
indirect expenses as determined by the County, the expense to publish and post legal notices of
Wave Temporary Franchise 10
the public hearing required for this Franchise by RCW 36.55.040, and the expense to record this
Franchise with the Jefferson County Auditor as required by RCW 36.55.080.
6.3 Damage to Grantee's Facilities. The County shall not be liable for any damage to or
loss of any of Grantee's Facilities within the Franchise Area as a result of or in connection with
any emergency removal or relocation, public works, public improvements, construction,
excavation, grading, filling, mowing, or work of any kind in the Franchise Area by or on behalf
of the County or any entity under contract with the County, except for damage or loss caused by
the negligence or willful misconduct of the County or anyone acting for or on behalf of the
County. The foregoing, however, is not intended to, and will not in any way, limit the County's
liability for any breach by the County of this Franchise.
SECI10N 7 INDEMNIFICATION AND HOLD HARMLESS
7.1 In addition to and distinct from the insurance requirements of this Franchise, Grantee
shall indemnify, defend, and hold harmless the County, its elected and appointed officers,
officials, employees, representatives, and agents (collectively referred to as the "Indemnitees")
from any and all Third Party claims, demands, actions, suits, liabilities, losses, expenses,
damages, and judgments of any nature whatsoever, including all costs and attorneys fees, made
against the Indemnitees on account of uyury or damage to the person or property of another, to
the extent such injury or damage is caused by the negligence of Grantee, its agents,
representatives, employees, lessees, contractors, or subcontractors in exercising the rights
granted to Grantee under this Franchise.
7.2 In the event any such claim or demand is presented to or filed with the County that
causes the County to choose to invoke its rights under this Section 7, the County shall promptly
notify Grantee thereof, and Grantee shall have the right, at its election and at its sole cost and
expense, to settle and compromise such claim or demand as it pertains to Grantee's responsibility
to indemnify, defend, and hold harmless the Indemnitees. In the event any suit or action is begun
against the County based upon any such claim or demand, the County shall likewise promptly
notify Grantee thereof, and Grantee shall have the right, at its election and its sole cost and
expense, to settle and compromise such suit or action, or defend the same at its sole cost and
expense, by attorneys of its own election, as it pertains to Grantee's responsibility to indemnify,
defend, and hold harmless the Indemnitees.
7.3 In any and all claims against the Indemnitees by any officer, employee,
representative, or agent of the Grantee, its contractors, subcontractors, or lessees, or anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation under this Section 7 shall not be limited in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for the
Grantee, its contractors, subcontractors, or lessees under worker's compensation acts, disability
benefit acts, or other employee benefit acts. It is further specifically understood that, solely to
the extent required to enforce the indemnification provided herein, Grantee waives its immunity
under Chapter 51 RCW Industrial Insurance; provided, however, the foregoing waiver shall not
in any way preclude Grantee from raising such immunity as a defense against any claim brought
directly against Grantee by any of its employees. This .waiver bas been mutually negotiated by
the Parties and is authorized by RCW 4.24.115. Grantee acknowledges that the County would
Wave Temporary Franchise
11
not enter into this Franchise without this waiver thereof.
7.4 Inspection or acceptance by the County of any work performed by Grantee shall not
be grounds for avoidance by Grantee of any of its obligations under this Section 7.
7.5 Said indemnification and hold harmless obligations shall extend to claims which are
not reduced to a suit and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
7.6 In the event of liability for clRmRges arising out of bodily injury to Persons or
dRmRges to property or business caused by or resulting from the concurrent negligence of
Grantee and the County, Grantee's liability hereunder shall apply only to the extent of
negligence attributable to the Grantee, its agents, employees, representatives, lessees,
contractors, and subcontractors.
7.7 The provisions of this Section 7 shall survive the expiration or termination of this
Franchise. Further, all provisions of this Section 7 shall apply to the successors, assigns, and
lessees of Grantee.
SECTION 8 INSURANCE
8.1 Grantee Insurance. Grantee shall procure and maintain for the duration of this
Franchise the following insurance:
a. Commercial General Liability insurance and, if necessary, Umbrella Liability insurance,
which will cover bodily injury, property damage, and any other exposure which can be
reasonably identified as potentially arising from Grantee's activities within the Franchise
Area. The limit of liability shall not be less than two million dollars ($2,000,000) per person
and one million dollars ($1,000,000) property dRmAge. The County, its elected and appointed
officers, officials, employees, agents, and representatives shall be named as additional
insureds with respect to activities occurring within the Franchise Area. Coverage shall be
comprehensive with respect to the Grantee's activities within the Franchise Area and shall
include completed operations, collapse, explosions, and underground hazards.
b. Business Automobile Liability insurance for owned, non-owned, and hired vehicles with
limits of not less than one million dollars ($1,000,000) per person and one million dollars
($1,000,000) per occurrence.
c. Workers' Compensation insurance as required by Chapter 51 RCW and Employers Liability
Coverage with a limit of not less than one million dollars ($1,000,000) per occurrence.
d. The insurance policies required by this Section 8 shall be maintained at all times by Grantee.
Grantee shall notify the County at least forty-five (45) days before it cancels a policy.
Grantee shall be obligated to replace or renew a canceled or expiring policy and show proof
in the form of a certificate of insurance at least twenty (20) days before the expiration or
cancellation of the existing policy(s).
Wave Temponuy Franchise
12
e. Grantee shall furnish the County with properly executed certificates of insurance or a signed
policy endorsement, which shall clearly evidence all insurance required in this Section 8.1.
The certificates will, at a minimum, list the limits of liability and coverage.
f. Grantee or its agent will provide a copy of any and all insurance policies specified in this
Franchise upon request of the County.
g. The insurance limits mandated for any insurance coverage required by this Franchise are not
intended to be an indication of limits of exposure nor are they limitations on liability or
indemnification.
h. Excepting Workers Compensation Insurance, the County shall be named on all policies as an
additional insured. Grantee's insurance shall be in all circumstances primary to the insurance
available to the County.
8.2 Self-Insurance. In lieu of the insurance requirements set forth in Section 8.1,
Grantee may self-insure against such risks in such amounts, subject to good utility practice.
Grantee shall provide the County with reasonable written evidence that the Grantee maintains
such self-insurance.
8.3 The obligations contained in this Section 8 shall survive the expiration, revocation or
termination of this Franchise for a period of one (1) year or for as long as Grantee's Facilities
temain within the Franchise Area, whichever is longer. Further, all provisions of this Section 8
shall apply to the successors, assigns, and lessees .of Grantee.
SECflON 9 LIMITATION OF LIABILITY
9.1 The County's administration of this Franchise shall not be construed to create the
basis for any liability on the part of the County, its .elected and appointed officers, officials,
agents, employees, and representatives for any injury or damage from the failure of Grantee to
comply with the provisions of this Franchise; for any injury or damage arising from the failure of
Grantee to comply with or follow a directive, order, or instruction of the FCC, any hearing
officer or administrative law judge, and/or a court of competent jurisdiction; by reason of any
plan, schedule, or speCification review, inspection, notice and order, permission, or other
approval or consent by the County; for any action or inaction thereof authorized or done in
connection with the implementation or enforcement of this Franchise by the County; or for the
accuracy of plans submitted to the County.
SECflON 10 CUSTOMER SERVICE
10.1 Grantee shall comply with the Federal Communications Commission's Cable
Television Operator Customer Service Standards, Title 47 CPR, Section 76.309 related to cable
system operator office hours and telephone availability; installations, outages, and service calls;
and communications between operators and customers. These standards are contained in
Attachment B - Customer Service Standards. No less than thirty (30) days prior to the
expiration of this Temporary Franchise, Grantee shall provide to the County a report describing
its compliance with the customer service standards.
Wave Temporary Franchise
13
10.2 The County will consider the customer service report, subscriber calls regarding
customer service received by the County during the franchise term, and public hearing testimony
regarding Grantee's customer service compliance when deciding whether to grant the New
Franchise.
SECTION 11 TECHNICAL STANDARDS
11.1 Grantee shall comply with the Federal Communications Commission's Technical
Standards, Title 47 CFR, Section 76.601, 76.605, and 76.609. No less than thirty (30) days prior
to the expiration of this Temporary Franchise, Grantee shall provide to the County a report
describing the results of its most recent performance test.
11.2 The County will consider the performance test report when deciding whether to
grant the New Franchise.
SECTION 12 DISPUTE RESOLUTION
12.1 The Parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions.
12.2 Resolving Disputes through Negotiation. The Parties agree to use their best efforts
and good faith negotiations to resolve disputes arising out of or related to this Franchise. To that
end the parties shall engage in the following dispute resolution process should any such disputes
arise:
a. Level One: The Engineer or his designee shall meet with the Grantee's municipal liaison or
his designee to discuss and attempt to resolve the dispute in a timely manner. lfthey cannot
resolve the dispute within fifteen (15) business days after the referral of that dispute to Level
One, either party may refer the dispute to Level Two as described herein.
b. Level Two: The County Administrator or his designee shall meet with Grantee's designated
representative to discuss and attempt to resolve the dispute in a timely manner.
12.3 In the event a dispute is referred to Level Two but is not resolved at Level Two
within fifteen (15) business days after that referral, then either Party may invoke the rights
provided to them by Section 13 or institute a legal proceeding in any court and/or with
governmental agency having jurisdiction over the dispute.
12.4 No provision of this Franchise shall be deemed to bar the right of either Party to
seek or obtain judicial relief from a violation of any provision of this Franchise; nor to bar or
otherwise limit the right of either Party to recover monetary clalTl'lges for such violations by the
other Party or to seek and obtain judicial enforcement of the other Party's obligations by means
of specific performance, injunctive relief or mandate, or any other remedy at law or in equity.
Wave Temporary Franchise
14
SECTION 13 TERMINATION OF FRANCHISE
13.1 Default by Grantee. If Grantee materially breaches any term or condition of this
Franchise, the County may terminate this Franchise in accordance with Section 13.2. Upon
termination of the Franchise, all rights of Grantee hereunder shall cease.
13.2 Procedure. The County may terminate this Franchise if Grantee materially breaches
any term or condition of this Franchise and fails to cure such breach in all material respects
within sixty (60) days after Grantee's receipt of written demand by the County to so comply.
Prior to terminating the Franchise, the County shall give the Grantee at least ten (10) days
written notice of a regularly scheduled meeting of the Board of County Commissioners at which
meeting the Board intends to formally revoke or termi",lte the Franchise. At such meeting, the
Board shall consider a report from the Engineer regarding the Franchise breach and hear any
Person desiring to be heard on the Franchise termination. If the Board determines that Grantee's
breach justifies revocation or termination of the Franchise, the Board may pass a resolution
declaring that the Franchise is revoked or terminAted.
13.3 Extension of Cure Period. If any breach of this Franchise by Grantee cannot be
corrected with due diligence within the sixty (60) day period specified in Section 13.2 due to
events beyond Grantee's control, then the County may extend the time within which Grantee
may so comply for an additional period or periods not to exceed thirty (30) days so long as
Grantee commences promptly and diligently to effect such compliance.
13.4 Force Majeure. A Party shall not be deemed in breach or default of any provisions
of this Franchise when earthquake, flood, storm or other natoral disaster, civil emergency, any
failure or delay in the performance by the other Party or a Third Party who is not an employee,
agent or contractor of the affected Party, or other such circumstances beyond such Party's
control (a "Force Majeure Event") prevent ~ormance or compliance. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event. shall
promptly perform the affected obligations in an orderly and expedited manner under this
Franchise. The Parties shall use all commercially reasonable efforts to eliminAte or minimize
any delay caused by the Force Majeure Event
13.5 Dispute Resolution. Neither Party may invoke or rely upon the terms and
obligations of this Section 13 (except for the Force Majeure rights in Section 13.4) until such
time as the Dispute Resolution procedure listed in Section 12 has been utilized by the aggrieved
Party.
SECTION 14 ASSIGNMENT OF FRANCHISE
14.1 Assignment Grantee may not assign or otherwise transfer its rights, privileges or
authority under this FranchiSe without the prior written authorization and approval of the County.
Any assignment or transfer of any interest in this Franchise shall not be approved by the County
or be effective until the assignee or transferee becomes a signatory to this Franchise, assuming
all rights and obligations hereunder and agreeing to perform the terms and conditions under this
Franchise.
14.2 Binding on Successors. AU provisions, conditions, regulations, and requirements
Wave Temporary Franchise
IS
herein contained shall be binding upon the successors and assigns of Grantee and all privileges
as well as all obligations and liabilities of Grantee shall inure to its successors and assigns
equally as if they were specifically mentioned wherever Grantee is mentioned.
14.3 Notwithstanding the terms and conditions of Section 14.1, Grantee may, without
obtaining prior consent of the County, from time to time: (a) assign or transfer its assets,
including the Franchise, provided however, that such assignment or transfer is to a parent or
subsidiary of Wave or another entity under direct or indirect control of the parent of Wave; (b)
restructure its debt or change the ownership interests among its equity participants or replace its
equity participants, in whole or in part, and/or its affiliates; (c) pledge or grant a security interest
in its assets, including but not limited to the Franchise, or of interests in Wave, to any lender(s)
for purposes of securing indebtedness.
SECI'lON 15 INCORPORATION/ANNEXATION
15.1 City or Town. If any portion of the Franchise Area covered by this Franchise is
incorporated into the limits of any city or town, this Franchise shall terminate as to any such
portion within the corporate limits of such city or town and the County shall be released of its
obligations under this Franchise as to the portion incorporated. This Franchise shall continue as
to all of the Franchise Area not incorporated into a city or town.
SECI'lON 16 NON-WAIVER OF RIGHTS
16.1 The excuse or forgiveness of performance or waiver of any provision(s) of this
Franchise shall not constitute a waiver of such provision(s) or future performance or prejudice
the right of the waiving Party to enforce any of the provisions of this Franchise at a subsequent
time.
SECI'lON 17 GOVERNING LAW AND VENUE
17.1 Governing Law. This Franchise has been and shall be construed as having been
made and executed within the State of Washington. The Parties stipulate that this Franchise shall
be governed by the laws of the State of Washington, both as to its interpretation and
performanCe.
17.2 Venue. Any action at law, suit in equity, or judicial proceeding arising out of this
Franchise shall be instituted and maintained only in any of the courts of competent jurisdiction in
Jefferson County, Washington or as provided for in RCW 36.01.050.
SECI'lON 18 NOTICES
18.1 Notices. Any notices required or permitted to be given under this Franchise shall be
deemed properly served when deposited with the' United States Postal Service, postage paid,
addressed to the Party to receive same.
Wave Temporary Franchise
16
Notice to the County shall be sent to:
Public Works Director
Jefferson County Public Works Depar!ment
623 Sheridan Street
Port Townsend, W A 98368
Notice and billin!!s to Grantee shall be sent to:
James A. Penney, Executive Vice President
WaveDivision I, LLC
401 Kirkland Parkplace
Kirkland, W A 98033
Grantee shall promptly notify the County of any change in the notice or billing addresses.
SECTION 19 SEVERABILITY AND SURVIVABILITY
19.1 If a court of competent jurisdiction holds any part, term, or provision of this
Franchise to be illegal or invalid in whole or in part, the validity of the remaining provisions
shall not be affected and the Parties' rights and obligations shall be construed and enforced as if
the Franchise did not contain the particular provision held to be invalid. The invalidity of any
portion of this Franchise shall not abate, reduce or otherwise affect any consideration or other
obligation required of either Party or any grant of right to either Party.
19.2 The headings of the sections and paragraphs of this Franchise are for convenience
of reference only and are not intended to restrict, affect, or be of any weight in the interpretation
or construction of the provisions of such sections or paragraphs.
19.3 The terms and conditions contained in this Franchise that by their sense and context
are intended to survive the expiration or termination of this Franchise shall so survive.
SECTION 20 AMENDMENT TO FRANCHISE
20.1 This Franchise may be amended by mutual written agreement of the Parties (which
specifically states that it is an amendment to this Franchise) upon compliance with the
requirements ofRCW 36.55.
SECTION 21 ENTIRE AGREEMENT
21.1 Entire Agreement The Parties agree that this Franchise is the complete expression
of the terms and conditions hereunder and cannot be changed orally, but only by an instrument in
writing executed by the Parties. Upon the adoption date of this Franchise and acceptance of the
Franchise by Grantee, all prior franchises between the County and Grantee, or its predecessors in
interest, for cable television and/or telecommunications services shall be deemed repealed. Any
oral or written representations or understandings not incorporated herein are specifically
excluded.
Wave Temporary Franchise
17
APPROVED AND ADOPTED this
ATTEST:
Rail)a Randall
Deputy Clerk of the Board
Wave Temporary Franchise
day of
.2012.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
APPROVED AS TO FORM: I -/
. ('l l 5'"]g) f 2-
V~ ow: ~
David Alvarez
Deputy Prosecuting Attorney
lEIcOpy
18
Wave Temporary Franchise
Attachment A - Wave Service Territory
TownshiD Ran~e Sections
25 North 1 West 2-5
25 North 2 West 2-11,14-17,21,28 - 32
26 North 1 West 1-3,5 -7,9-12,14-16,18,19,21-23,27 -29, 32-35
26 North 2 West 2, 11, 13, 23 - 25
27 North 1 East 2-9,16-20
27 North 1 West 1-20,22- 32,34 -36
27 North 2 West 1-4,9-16,21-28,36
28 North 1 East 4-10,15-23,25-35
28 North 1 West 1-36
. 28 North 2 West 1-4,9-16,21-28,33 -36
29 North 1 East 3-10,16-19,29-33
29 North 1 West 1-36
29 North 2 West 1-4,9-16,21-28,33 -36
30 North 1 East 17,18,20,28,29,32,33
30 North 1 West 4-9,16-22,26-35
30 North 2 West 1, 12, 13,23 - 25, 27, 28, 33 - 36
31 North 1 West 31- 33
Wave Temporary Franchise
19
Wave Temporary Franchise
Attachment B - Customer Service Standards
Pagel
47 CPR 76.309
TITLB 47 - TELECOMMUNICATION
CHAPTBR 1- FEDBRAJ, COMMUNICATIONS COMMISSION
SUBCHAPTER C - BROADCAST RADIO SERVICES
PART 76 -MULTICHANNEL VIDEO ANDCABLETELBVlSION SERVICE
SUBPART H - OI!NllRAL OPERATING REQUIREMENTS
47 CFR 76.309
fi 76.309 Customer service obllgutions.
(a) A cah1e franchise IUIIhorily may enforce1lie customer service slandardssel fortb in (llb"ll'opb (c) oftblssecllon
ageInst cable operators. The francbIse authority must provide affected cable ......dMs nineIy (90) days wriUen notice of
I1s Intent to enforce the standards.
(b) Nothing in this rule should be oons1nJed to prevent or problbit:
(I) A franchising authority and a cable operator ftom agreeing to customer service requlrements that excead the
standards sel fortb in paragnIph (c) oftbls seolion;
(2) A francblsing authority ftom enforcing, through the end of the francblse lernl, pre-exIs1ing customer service reo
qulremenls that exceed the standards sel forth in paragnIph (c) oftbls secllon and are conlalnedin current ftancb1se
agreements;
(3) Any Slate or aay frIIncblsing authority ftom enacJing or enforcing aay consumer protecIIon law, to the exlenl
n01 specI11ca11y pl....."tod herein: or
(4) The establlshmenl or enfbrcemenI ofaay Slate or rmm1clpa1law or regu1aI1on conceming customer service that
hnposes custemer service requlremenls that exceed, or address _ n011ll1dnossed by the standards sel forth in para-
graph (0) oftbls secIlon.
(c) Blfecllve July I, 1993, a cable operator shall be sobjecl to the following customer service standards:
(I) Cable System office hours and telephone avalhlbDJIy-
(l) The cable operator will maInIaIn a local, toll-free or coDecI ca11 telephono access line which wUI be avaIiable 10
I1s subscrlbers24 hours a day, seven days a week.
(A) Trained compIllIy represenIaI1ves wUI be avalhlble 10 respon.d 10 customer telephone inquiries doring normal
business homs.
(8) After nomiaJ business hours, the _line may be ..........d by a service OJ' an .~ response aysIem,
inclnding an IIIIBWeTing 1!1llChIne.lnqu1rIes reca1veoI after normal business hOms must be responded 10 by a tmIned com-
pany represenlaIive on the next business day.
(D) Under normuJ operating cond1l1ons, telephoae answer time by a customer represenlllllve, inclnd1ng wall ~
shall DOl excead Ihlrty (30) seconds when the conneclion Is made. If the call needs 10 be transferred, InlDsfer Iimloshall
DOl exceed Ihlrty (30) ~ds. These sIendards shaD be met no less !him uIne\y (90) percenI Qfthe time under normuJ
operating cond1l1ons, measiued on a quarterly basis.
(Dl) The operator wUI nol be ~ 10 acquire equlpmenI or perftmn snrveys to measure compliance vdIh the
telephone lUIllWering standards abOve ouless an bIslorIca1 record of comp1ahns indicates 'a clear falIure to comply.
(Iv) Under normal operating condItlODll; the customer wUI reca1ve a busy s1gna1less 1han 1hree (3) pereenI of the
time.
,
(v) Customer service center and blD paymelIl1ocatlons will be open at least doring norma1 business hours and wUI
be convenlently lOcated.
(2) Iusta1lat1cns, olllages and service ca1Is. Under normuJ operaIing cond1l1cns, each of the foDowlng four stan-
dards will be met no less 1hen uIne\y five (95).perOenI of the time JIICllSm'ed on a quarterly basis:
Wave Temporary Franchise
Attachment.B - Customer Serrice Stantlards
Page 2
47 CFR 76.309
(l)Slandard lns1aIlallOllS will be perfonned wlthIu seven (7) business days after an order bas been placed. 'Stan-
dard' installations are those that are loca1ed up to 125 tloet from the exlsllng distribution system.
(II) Excludlng ccndltlons beyond the control of the openIlOr, the cable opei-ator wlII begin working on 'service in-
terruptions' promptly and In no event later iban 24 hours after the lnterrupt\on becomes known. The cable operator mnst
begin actions to correct other service problems the next business dey after notlfioallon of the service problem.
(Iii) The 'appointment window" alternatives for lnstallallons, service caDs. and other lns1aIlallon activJtles will be
either a specific thne or, at IJllIXlmum, a four-hour thne block dnrlng nonnaI busineSs hours. (The operator may schedule
service calls and other Inslallation activJtles 01!lSIde ofnonnal business hours for the express convenience of the cus-
tomer.) ,
(Iv) An operator may not canceJ an uppoInbnent with a customer after the close ofbuslness on the business dey
prior to the scheduled appolnbnent.
(v) If a cable operator represenlllllve Is nnmlng late fer an appointment with a ~...lInm. and will not be able to
keep the appointment as scheduled, the oustomer 'Will be contacled. The appointment will be resCheduled, as necessary,
at a thne which is convenient for the oustomer. .
(3) Communloallons betWeen cable upQWJs and cable subscrlbers-
(I) Refunds - Refund checks will be Issued promptly, but no later than either-
(A) The customer's next billing cycle follOwing resolutlim of the request or thirty (30) days, whichever is earlier, er
(B) The return of the equipment supplied by the cable operator Ifservlce is terminated.
(II) CredI1s - CredI1s fer service will be Issued no later than the custotnel's next bU\lng cycle following the deter-
mination that a credit Is warranted.
(4) DefinJtlons -
(I) Normal business hours - The term 'n0l'Dllll business hours" means these hours during which mnst simDar besi-
_ In the cotnIIlUIIiIy are open to serve CwlM4ll\&. In all cases, 'nonnaJ business hours" mnst Include some evening
hours at least one night per week llIIdIor some weekend hours.
(II) Normal uperatlng conditions - The term 'normal operating oondilIons" means those service condllions wblcb
are within the control of the cable operator. These eondItlons which are not withln the control of the cable operator in-
clude, but are not limited to, natural disaslers, civil disIutbances, power outages, telephone network outages, ond severe
or nnusual weather conditions. These conditions whleh are onilnarIly wlthIu the control of the cable operator irlclude, .
bet are not limited to, special promolions, pay..per-'Yiew events, rate Increases. regular peak or seasonal demand periods,
and maln1enaDlle.or upgtade of the cable system.
(Iii) Service ln1enuptJcn - The term 'service 1nterruplion' means the loss of picture or sound on one or more cable
channels.
Note to 176.309: Saction 76.1602 contaInS notification requirements for'cable VI""<ltu.. with regard to operator
obligations to subscribers and generallnfcrmatlon to be provided to customers regardiQg service. Seclion 76.1603 c0n-
tains subscrlber notification n:qulrements govemJn8 rate and service changes. SeCllon 76.1619 contaInsnotlfication
requirements for1:eble opcr.atcrs with regardto subscriber b1l1lnfcrmatlon and operator response procedures ]lOrlalnbIg
to blU disputes.
HISTORY, [S8 FR 21/09, Apr. 19, 1993; 61 FR 18968. 18977. April 30, 1996; 6S FR S3610, S361~, Sept. 5, 2000; 67
FR 1649, 1650, Ian. liI,2OO2]
AUTHORITY, AUTHORITY NOTE APPLICABLE TO ENTIRE PART:
47 Us.e. IS1, 152, IS3, 154,301,302, 302e,303. 30311,307, 308, 309, 31.2, 315. 317, 325, 339, 340, 341, 503, 521.
522, 531, 53.2, 534, 535. 536, 531, 543. 544, S44a, 545, 548, 549. 552, 554, 556, 558.560,561,571.572, 5?3.
... THIS SECTION ISCURRENTTHROUGH THE DECEMBER 13. 2007 ISSUE OF ...
... THE FEDERAL REGISTER ...
JEFFERSON COUNTY, WASHINGTON
ACCEPTANCE OF RESOLUTION NO.
The undersigned, WaveDivision I, LLC (Wave), a Delaware limited liability company,
hereby wholly accepts Jefferson County Resolution No. Granting A
Nonexclusive Temporary Franchise which was adopted by the Jefferson County Board of
Commissioners on the day of .2012 and provides that:
Jefferson County, Washington grants , Inc. the right, privilege, authority, and franchise to
iustall, coustruct, repair, replace, maintain, relocate, extend, remove, operate, and use Facilities
in, upon, over, under, along, through, and across the Franchise Area pursuant to the terms of the
Franchise Agreement.
This Acceptance of the Temporary Franchise is unconditionally made without reservation and is
expressly part of the Franchise Agreement, which is hereby incorporated by reference. Wave
hereby accepts all of the rights and privileges of the Temporary Franchise subject to all of the
terms, conditions, duties, and obligations provided therein.
IN TESTIMONY WHEREOF said Wave has caused this written Acceptance to be
executed in its name by its undersigned authorized signer, thereunto du1y authorized on the
day of .2112.
WaveDivision I, LLC
By:
Print Name:
Title:
STATE OF WASHINGTON
S8.
COUNTY OF
I certify that I know or have satisfactory evidence that . known to be
the of WaveDivision I, LLC is the person who appeared before
me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was duly
authorized to execute the instrument on behalf of the corporation, and acknowledged it to be the free and
voluntary act of such party for the uses and purposes herein described.
GIVEN under my hand and official seal this
day of
.2012.
Notary Public in and for the State of Washington residing at
My commission expires
Wave TemJXll'lU1' Franchise
22