R2007-94 AUTHORIZING AGREEMENT - Laserfiche WebLink

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necessary to connect its IP-based facilities to the Municipality's community access television prograinmer's premises (or such alternate location as the Municipality designates at the time of its request) far use in providing community access video programming to all residential subscribers of AT&T's IP-enabled Video Service within the Municipality consistent with Appendix B ("AT&T PEG Community TV Overview" or such other descriptive overview of PEG Community TV as may be available), which shall be subject to periodic revisions. AT&T's obligation herein will begin when its IP-enabled Video Service subscribers in the Service Area reach one thousand (1000) subscribers or eighteen (18) months after the Effective Date, whichever comes first. 4.2 AT&T will provide quarterly, within thirty (30) days after the close of each quarter, to the Municipality, for use relating to or arising from the Municipality's PEG programming, a fee of one percent (1%) of the Gross Revenues, as defined by Section 2 L. of Chapter 42 of the , derived from AT&T's IP-enabled Video Service product delivered over the IP Network in the ROW. Such obligation shall begin when AT&T's IP-enabled Video Service subscribers in the Service Area reach one thousand (1000) subscribers, in which case AT&T will give thirty (30) days advance notice to the Municipality, or eighteen (18) months after the Effective Date, whichever comes first. AT&T shall have the right to charge its subscribers for this fee. 4.3 In accordance with Section 12 of Chapter 42 of the and Section 4.4 below, AT&T must provide the Municipality free of charge one (1) installation and monthly basic , service to one outlet to a share of public and parochial schools, municipal government buildings, !i fire stations, police stations, and library buildings that are passed by AT&T's system. AT&T �, shall not seek to offset costs associated with the requirements of this Section 4.3 against the franchise fees due under Section 3 of this Agreement or the PEG programming fee due under Section 4.2 of this Agreement, nor shall AT&T impose such costs on the schools or institutions receiving such free installations and service. 4.4 AT&T shall meet with the incumbent cable service provider(s) in the Municipality to determine who will provide service to which school or public building in accordance with Section 12 of Chapter 42 of the . If AT&T and the incumbent cable service provider(s) are unable to reach agreement as to who will provide free service to which school, governmental, or library building, the Municipality will confer with AT&T and the incumbent cable service provider(s) to determine the assignments in a reasonable manner. Failure of the incumbent provider to cooperate shall not relieve AT&T of its obligations under Section 4.3 of this Agreement. 5. Customer Service. An up-to-date copy of all of AT&T's rates, rules, regulations and policies related to IP-enabled Video Services must be made available to customers, or on the AT&T's Web site, and provided to the Municipality upon request. AT&T shall comply with customer service requirements consistent with 47 C.F.R. § 76.309(c), as in effect as of the Effective Date and as hereafter amended, for its IP-enabled Video Services as described below. 5.1 AT&T will maintain a local, toll-free or collect call telephone access line that will be available to subscribers to its IP-enabled Video Services twenty-four (24) hours a day, seven days a week. Trained AT&T representatives will be available to respond to customer telephone