2001-085 Ordinance - Laserfiche WebLink

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B. WideOpenWest shall execute, within ten (10) days of passage of this Ordinance, the instrument of acceptance attached hereto as Exhibit A indicating that it assumes and is bound by all obligations of the Franchise under the Franchise Ageement dated May 9, 1996. C. ANM andlor WideOpenWest shall certify in writing, within ten (10) business days of the actual Transfer, that there is no material change in the information disclosed to the City pursuant to the request to approve the Transfer as provided in the FCC Form 394 dated June 6, 2001 and the information subsequently disclosed in written form to the City, including specifically, but not limited to, the information and commitments made by WideOpenWest and contained in the letter dated August 6, 2001 from D. Craig Martin, General Counsel of WideOpenWest, to R. Todd Hunt, Esq., representing the City in connection with the Transfer, a copy of which is on file with the Clerk of Council. D. By the date of the actual Transfer, a certificate of insurance in the amounts required by, and complying in all respects with, Section VI of the Franchise Agreement must be provided. 5. By the date of the actual Transfer, a letter of credit in the amount of Twenty Five Thousand Dollars ($25,000.00) must be provided to the City and must be maintained throughout the term of the Franchise Agreement. 6. WideOpenWest shall include cable modem revenues as "gross revenues" upon which it shall pay a franchise fee to the City, provided such inclusion of said revenues is not prohibited by applicable law and provided all competitive cable service providers operating in the City are also required to include such revenue as "gross revenues" upon which they are required to pay a franchise fee to the City. 7. Provided that WideOpenWest has sufficient available capacity in its cable system and is able to negotiate mutually satisfactory access agreements with unaffiliated Internet service providers, WideOpenWest shall provide competing Tnternet service providers with broadcast access to their customer base utilizing capacity acquired from WideOpenWest. 8. WideOpenWest shall maintain, at its expense, the two (2) fibers of spare capacity included in its Cable System (the "Institutional Network"), as such Institutional Network is described in Section V(A) of the Franchise Agreement, throughout the term of the Franchise Agreement, and shall permit the use of said Institutional Network by the City and the Schools for noncommercial voice, video and data communications. 293698-1 _2_