The license
Department of Telecommunications and Cable · from Mass.gov · 67 pages · 830 KB
open the file ↗ · original at the source ↗
September 20, 2024
Via Email
Mr. Anthony Marino, Town Manager
Town of Winthrop
One Metcalf St.
Winthrop, MA 02152
Re: Town of Winthrop – Cable Television Renewal License
Dear Mr. Marino,
Please find attached the executed Cable Television Renewal License between the Town of Winthrop and
Comcast which commenced on September 1, 2024.
Upon review of the document, it was noted the signature page header reflects an incorrect term of the
License. As agreed to, and referenced elsewhere in the License the term of the renewal is September 1,
2024 – August 31, 20 34.
Please feel free to contact me @ 617-279-5852 should you have any questions.
Sincerely, Angela Holm Barson
Angela Holm Barson, Director
Government & Regulatory Affairs
cc: Attorney Wm Solomon
Shonda Green – MA DTC (via email)
Denise Mason – Comcast Manager of Government & Regulatory Affairs (via email)
Comcast Corporate Franchising (via Division Transmittal)
Comcast Division Franchising and Finance (via Division Transmittal)
CABLE TELEVISION
RENEWAL LICENSE
GRANTED TO
Comcast Cable Communications Management, LLC
Granted By
TOWN MANAGER
TOWN OF WINTHROP
MASSACHUSETTS
Renewal Term
September 1, 2024 – August 31, 2034
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
2
Table of Contents
INTRODUCTION............................................................................................................................ 5
ARTICLE 1 DEFINITIONS .......................................................................................................... 6
SECTION 1.1 – DEFINITIONS ......................................................................................................................... 6
ARTICLE 2 GRANT OF RENEWAL LICENSE ..................................................................... 12
SECTION 2.1 – GRANT OF RENEWAL LICENSE ....................................................................................... 12
SECTION 2.2 – TERM: NON-EXCLUSIVITY .............................................................................................. 12
SECTION 2.3 – RENEWAL ............................................................................................................................ 12
SECTION 2.4 – RESERVATION OF AUTHORITY ...................................................................................... 12
SECTION 2.5 – NON-EXCLUSIVITY OF LICENSE .................................................................................... 13
SECTION 2.6 – POLICE AND REGULATORY POWERS ............................................................................ 14
SECTION 2.7 – REMOVAL OR ABANDONMENT ...................................................................................... 14
SECTION 2.8 – TRANSFER OF THE RENEWAL LICENSE ........................................................................ 15
SECTION 2.9 – EFFECT OF UNUATHORIZED TRANSFER ACTION ...................................................... 16
ARTICLE 3 SYSTEM SPECIFICATIONS AND CONSTRUCTION ................................... 17
SECTION 3.1 – AREA TO BE SERVED......................................................................................................... 17
SECTION 3.2 – LINE EXTENSION POLICY……………………………………………………….…... 17
SECTION 3.3 – RESIDENTIAL SUBDIVISIONS…………………………………………………………. 17
SECTION 3.4 – INSTALLATION CHARGES ……………………………………………………………. .. 18
SECTION 3.5 – SUBSCRIBER NETWORK ................................................................................................... 18
SECTION 3.6 – LOCATION OF THE CABLE TELEVISION SYSTEM ....................................................... 18
SECTION 3.7 – PARENTAL CONTROL CAPABILITY………………………………………………….. 18
SECTION 3.8 – EMERGENCY ALERT OVERRIDE CAPACITY ................................................................ 19
SECTION 3.9 – SYSTEM TECHNICAL SPECIFICATIONS ........................................................................ 19
ARTICLE 4 TECHNOLOGICAL AND SAFETY STANDARDS .......................................... 20
SECTION 4.1 – SYSTEM MAINTENANCE .................................................................................................. 20
SECTION 4.2 – REPAIRS AND RESTORATION.......................................................................................... 20
SECTION 4.3 – UNDERGROUND FACILITIES ........................................................................................... 21
SECTION 4.4 – TREE TRIMMING ................................................................................................................ 21
SECTION 4.5 – STRAND MAPS .................................................................................................................... 22
SECTION 4.6 – BUILDING MOVES .............................................................................................................. 22
SECTION 4.7 – DIG SAFE .............................................................................................................................. 22
SECTION 4.8 – DISCONNECTION AND RELOCATION ............................................................................ 22
SECTION 4.9 – EMERGENCY REMOVAL OF PLANT ............................................................................... 22
SECTION 4.10 –REMOVAL AND RELOCATION ....................................................................................... 23
SECTION 4.11 – RIGHT TO INSPECTION ................................................................................................... 23
SECTION 4.12 – PRIVATE PROPERTY ........................................................................................................ 23
SECTION 4.13 – PEDESTALS........................................................................................................................ 23
SECTION 4.14 – SERVICE INTERRUPTIONS ............................................................................................. 24
ARTICLE 5 PROGRAMMING .................................................................................................. 25
SECTION 5.1 – BASIC CABLE SERVICE ..................................................................................................... 25
SECTION 5.2 – PROGRAMMING ................................................................................................................. 25
SECTION 5.3 – REMOTE CONTROLS.......................................................................................................... 25
SECTION 5.4 – STEREO TV TRANSMISSIONS .......................................................................................... 25
SECTION 5.5 – CABLE CHANNELS FOR COMMERCIAL USE ................................................................ 25
SECTION 5.6 – CONTINUITY OF SERVICES .............................................................................................. 26
SECTION 5.7 – COMMERCIAL ESTABLISHMENTS ................................................................................. 26
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
3
ARTICLE 6 PEG ACCESS CHANNEL(S) AND SUPPORT .................................................. 27
SECTION 6.1 – PEG ACCESS CHANNEL(S) ................................................................................................ 27
SECTION 6.2 – PEG ACCESS PROVIDER .................................................................................................... 28
SECTION 6.3 – PEG ACCESS CABLECASTING ......................................................................................... 29
SECTION 6.4 – PEG ACCESS A NNUAL SUPPORT ..................................................................................... 30
SECTION 6.5 – PEG ACCESS CAPITAL FUNDING .................................................................................... 31
SECTION 6.6 – NON-COMMERCIAL PROGRAMMING ............................................................................ 32
SECTION 6.7 – INTERCONNECTION WITH COMPETING CABLE LICESE .......................................... 32
ARTICLE 7 FRANCHISE FEES AND LICENSE FEES......................................................... 34
SECTION 7.1 – LICENSE FEE PAYMENTS ................................................................................................. 34
SECTION 7.2 – FRANCHISE FEE .................................................................................................................. 34
SECTION 7.3 – PAYMENT ............................................................................................................................ 34
SECTION 7.4 – OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS ................................................ 34
SECTION 7.5 – LATE PAYMENT ................................................................................................................. 35
SECTION 7.6 – RECOMPUTATION .............................................................................................................. 35
SECTION 7.7 – AFFILIATES USE OF SYSTEM ........................................................................................... 36
SECTION 7.8 – METHOD OF PAYMENT ..................................................................................................... 36
ARTICLE 8 RATES AND CHARGES....................................................................................... 37
SECTION 8.1 – RATES AND CHARGES ...................................................................................................... 37
SECTION 8.2 – RATE REGULATION ........................................................................................................... 37
SECTION 8.3 – CREDIT FOR SERVICE INTERRUPTION .......................................................................... 37
ARTICLE 9 CUSTOMER SERVICE, SUBCRIBER RIGHTS AND CONSUMER
PROTECTION............................................................................................................................... 38
SECTION 9.1 – CUSTOMER SERVICE CALL CENTER ............................................................................. 38
SECTION 9.2 – INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME ....................................... 38
SECTION 9.3 – FCC CUSTOMER SERVICE OBLIGATIONS ..................................................................... 39
SECTION 9.4 – BUSINESS PRACTICE STANDARDS ................................................................................ 39
SECTION 9.5 – COMPLAINT RESOLUTION PROCEDURES .................................................................... 39
SECTION 9.6 – EMPLOYEE IDENTIFICATION CARDS ............................................................................ 40
SECTION 9.7 – PROTECTION OF SUBSCRIBER PRIVACY ...................................................................... 40
SECTION 9.8 – RESPECT FOR PRIVATE PROPERTY ............................................................................... 41
ARTICLE 10 INSURANCE AND BONDS ................................................................................ 42
SECTION 10.1 – INSURANCE ....................................................................................................................... 42
SECTION 10.2 – PERFORMANCE BOND .................................................................................................... 43
SECTION 10.3 – INDEMNIFICATION .......................................................................................................... 44
ARTICLE 11 ADMINISTRATION AND REGULATION ...................................................... 45
SECTION 11.1 – REGULATORY AUTHORITY ........................................................................................... 45
SECTION 11.2 – PERFORMANCE EVALUATION HEARINGS ................................................................. 45
SECTION 11.3 – NONDISCRIMINATION .................................................................................................... 45
SECTION 11.4 – JURISDICTION/VENUE .................................................................................................... 45
ARTICLE 12 DETERMINATION OF BREACH - LICENSE REVOCATION ................... 46
SECTION 12.1 – DETERMINATION OF BREACH/NOTICE AND OPPORTUNITY TO CURE ............... 46
SECTION 12.2 – REVOCATION OF THE RENEWAL LICENSE ................................................................ 47
SECTION 12.3 – NON-EXCLUSIVITY OF REMEDY .................................................................................. 47
SECTION 12.4 – NO WAIVER-CUMULATIVE REMEDIES ....................................................................... 47
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
4
ARTICLE 13 REPORTS, AUDITS AND PERFORMANCE TESTS..................................... 49
SECTION 13.1 – GENERAL ........................................................................................................................... 49
SECTION 13.2 – FINANCIAL REPORTS ...................................................................................................... 49
SECTION 13.3 – CABLE SYSTEM INFORMATION .................................................................................... 49
SECTION 13.4 – SUBSCRIBER COMPLAINT REPORTS ........................................................................... 49
SECTION 13.5 – QUALITY OF SERVICE ..................................................................................................... 50
SECTION 13.6 – DUAL FILINGS................................................................................................................... 50
SECTION 13.7 – INVESTIGATION ............................................................................................................... 50
ARTICLE 14 MISCELLANEOUS .............................................................................................. 51
SECTION 14.1 – SEVERABILITY ................................................................................................................. 51
SECTION 14.2 – FORCE MAJEURE .............................................................................................................. 51
SECTION 14.3 – ACTS OR OMISSIONS OF AFFILIATES .......................................................................... 51
SECTION 14.4 – NOTICES ............................................................................................................................. 51
SECTION 14.5 – RENEWAL LICENSE EXHIBITS ...................................................................................... 52
SECTION 14.6 – ENTIRE AGREEMENT ...................................................................................................... 52
SECTION 14.7 – CAPTIONS .......................................................................................................................... 52
SECTION 14.8 – WARRANTIES.................................................................................................................... 53
SECTION 14.9 – INCORPORATION BY REFERENCE ………………………………………………...… 53
SECTION 14.10 - NO RECOURSE AGAINST THE ISSUING AUTHORITY .............................................. 53
SECTION 14.11 – TOWN'S RIGHT OF INTERVENTION ............................................................................ 54
SECTION 14.12 – TERM................................................................................................................................. 54
SECTION 14.13 – APPLICABILITY OF RENEWAL LICENSE ................................................................... 54
SECTION 14.14 – NO THIRD PARTY BENEFICIARIES………………………………………………….54
SIGNATURE PAGE...................................................................................................................... 55
EXHIBITS
EXHIBIT 3.6 - DROPS TO PUBLIC BUILDINGS AND SCHOOLS .................................... 56
EXHIBIT 5.2 - PROGRAMMING ............................................................................................... 57
EXHIBIT 6.3 - PEG ACCESS REMOTE ORIGINATION LOCATIONS ……………...…… 58
EXHIBIT 9.3 - FCC CUSTOMER SERVICE OBLIGATIONS.............................................. 59
EXHIBIT 9.4 - BILLING AND TERMINATION OF SERVICE .......................................... 61
EXHIBIT 13.5 - FORM 500 COMPLAINT DATA................................................................... 64
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
5
RENEWAL LICENSE
INTRODUCTION
WHEREAS, Comcast Cable Communications Management, LLC (hereinafter "Licensee"), is
the duly authorized holder of a renewal license to operate a cable television system in the Town of
Winthrop, Massachusetts (hereinafter the "Town”), said license having commenced on December 4,
2011;
WHEREAS, Licensee filed a timely written request for a renewal of its license by letter dated,
April 16, 2019 in conformity with the Cable Communications Policy Act of 1984 (“Cable Act”);
WHEREAS, there has been an opportunity for public comment, as required by Section 626(h)
of the Cable Act;
WHEREAS, The Town Manager as Issuing Authority finds that Licensee has complied with the
terms of its previous license;
WHEREAS, the Issuing Authority has determined that the financial, legal, and technical ability
of Licensee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the
future cable-related needs of the community, and desires to enter into this Renewal License with
Licensee for the construction and continued operation and maintenance of its Cable System on the terms
and conditions set forth herein; and
NOW THEREFORE, after due and full consideration, the Issuing Authority and Licensee agree
that this non-exclusive Renewal License is issued upon the following terms and conditions:
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
6
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 be always mandatory and not merely
directory.
(a) Access - shall mean the right or ability of any Winthrop resident and/or any Persons
affiliated with a Winthrop institution to use designated Public, Education and Government (“PEG”)
access facilities and equipment and/or PEG Access Channels of the Cable Television System, subject
to the conditions and procedures established for such use by the Town and/or its designee.
(b) Access Provider or PEG Access Designee – shall mean any entity designated in writing by
the Issuing Authority for the purpose of operating and managing the use of Public, Educational and
Governmental Access funding, equipment, facilities and channels for the production and broadcast of
PEG Access programming on the Cable Television System, in accordance with this Renewal License
and 47 U.S.C. 531, including, but not limited to the Town itself and/or an access corporation or entity,
as determined by the Issuing Authority.
(c) Affiliate or Affiliated Person – When used in relation to any Person, shall mean another
Person who owns or controls, is owned or controlled by, or is under common ownership or control with,
such Person
(d) Basic Cable Service – shall mean the lowest tier of service which includes the retransmission
of local television broadcast signals.
(e) Cable Act – shall mean the Cable Communications Policy Act of 1984, Public Law No.
98-549, 98 Stat. 2779 (1984), 47 U.S.C. 521 et. seq., amending the Communications Act of 1934, as
further amended by the 1992 Cable Consumer Protection and Competition Act, Public Law No. 102-
385 and the Telecommunications Act of 1996, Public Law No. 104-458, 110 Stat. 56 (1996) and as may
be further amended.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
7
(f ) Cable Service or Service – shall mean (A) the one-way transmission to subscribers of (i)
video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service.
(g) Cable Television System or Cable System – shall mean the facility owned, constructed,
installed, operated and maintained by Licensee in the Town of Winthrop, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment that is designed
to provide cable service which includes video programming and which is provided to multiple
subscribers within the Town, but such term does not include (a) a facility that serves only to retransmit
the television signals of one or more television broadcast stations; (b) a facility that serves subscribers
without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole or
in part, to the provisions of Title II of the Cable Act, except that such facility shall be considered a cable
system (other than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in
the transmission of video programming directly to subscribers unless the extent of such use is solely to
provide interactive on-demand services; (d) an open video system that complies with section 653 of this
title, or (e) any facilities of any electric utility used solely for operating its electric utility systems.
(h) Department or DTC – shall mean the Massachusetts Department of Telecommunications
and Cable established by Chapter 25C, Section 7 of the Massachusetts General Laws ("M.G.L.") and
Chapter 19 of the Acts of 2007 or its successor.
(i) Downstream Channel – A channel over which signals travel from the Cable System
Headend or hub-site to an authorized recipient of Programming.
(j) Drop – shall mean the coaxial cable or fiber that connects a home or building to the feeder
cable of the Subscriber Network.
(k) Educational Access Channel: A specific channel on the Cable System owned and made
available by the Licensee to the Issuing Authority, the Winthrop Public Schools (limited to those schools
in the Town of Winthrop) and/or the Access Provider, as determined by the Issuing Authority, to present
non-commercial educational programming and information to the public.
(l) Effective Date – shall mean September 1, 2024.
(m) FCC – shall mean the Federal Communications Commission or any successor
governmental entity.
(n) Franchise Fee – shall mean the payments to be made by Licensee to the Town of Winthrop
and/or its designee(s), which shall have the meaning as set forth in Section 622(g) of the Cable Act.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
8
(o) Government Access Channel – A specific channel on the Cable System owned and made
available by the Licensee to the Issuing Authority and/or the Access Provider, as determined by the
Issuing Authority, for the presentation of government-related and other non-commercial programming
and/or information to the public.
(p) Gross Annual Revenues – shall mean the revenues received by the Licensee and/or its
Affiliates derived from the operation of the Cable System to provide Cable Service in the Town, accrued in
accordance with generally accepted accounting principles (GAAP) in the United States , and shall include,
without limitation: the revenues derived from the distribution of any Cable Service over the Cable System;
Basic Service monthly fees and all other Cable Service fees; any and all Cable Service fees and/or charges
received from Subscribers; installation, reconnection, downgrade, upgrade and any similar charges; all
digital Cable Service revenues; fees paid on all Subscriber fees (“Fee-on Fee”); all Commercial Subscriber
Cable Service revenues (including bulk account revenues); Pay Cable, Premium Services and Pay-Per-View
revenues; video on demand Cable Services; converter, remote control and other Cable Service-related
equipment rentals and/or leases or sales; fees paid for channels designated for commercial use (leased
access); home shopping revenues; and advertising revenues . In the event that an Affiliate and/or any other
Person is responsible for selling advertising that is aired on the Cable System in the Town, the advertising
revenue for purposes herein shall be deemed to include the pro rata portion of the advertising revenue
accrued by such Affiliate or other Person for use of the Cable System in the Town for the carriage of
advertising. Gross Annual Revenues shall also include the gross revenue of any other Person which is
derived directly from or in connection with the operation of the Cable System to the extent that said revenue
is derived through a means which has the effect of avoiding payment of Franchise Fees to the Town that
would otherwise be paid herein. 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.
(q) Headend – shall mean the electronic control center of the Cable System containing
equipment that receives, amplifies, filters, processes and converts incoming signals for distribution over
the Cable System.
(r) High Definition (“HD”) PEG Access Channel – shall mean a PEG Access Channel in the
high definition format for digital television transmissions with video transmitted in a high definition
resolution.
(s) Issuing Authority – shall mean the Town of the Town of Winthrop, Massachusetts, or the
lawful designee thereof.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
9
(t) Licensee – shall mean Comcast Cable Communications Management, LLC or any
successor or transferee in accordance with the terms and conditions in this Renewal License.
(u ) License Fee – shall mean the payments to be made by Licensee to the Town of Winthrop
and the Commonwealth of Massachusetts, which shall have the meaning as set forth in M.G.L. c. 166A,
§ 9.
(v) Normal Business Hours – shall mean those hours during which most similar businesses in
Winthrop are open to serve customers. In all cases, Normal Business Hours must include some evening
hours and at least one night per week and/or some weekend hours.
( w ) Outlet – shall mean an interior receptacle that connects a television set to the Cable
Television System.
( x ) Pay Cable or Premium Services – shall mean programming delivered for a fee or
charge to Subscribers on a per-channel or group-of-channels basis.
( y ) Pa y-Per-View – shall mean programming delivered for a fee or charge to Subscribers on
a per-program or per-event basis.
( z ) PEG – The acronym for “public, educational and governmental”.
( aa ) PEG Access Channel – shall mean a video channel which the Licensee owns and is
made available for use by the Town and/or its designee(s) without charge for the purpose of
transmitting non-commercial programming by members of the public, Town departments and
agencies, public schools, educational, institutional and similar organizations.
( ab ) PEG Access User – shall mean a Person utilizing the Cable Television System, including
any related facilities for purposes of production and/or transmission of PEG Access Programming, as
opposed to utilization solely as a Subscriber.
( ac ) PEG Access Programming – shall mean non-commercial programming produced by
any Winthrop residents or organizations, schools or government entities and the use of designated
facilities, equipment and/or channels of the Cable System in accordance with 47 U.S.C. 531 and this
Renewal License.
( ad ) Person – shall mean any natural person or any association, firm, partnership, joint
venture, corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall
not mean the Issuing Authority or Town.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
10
( ae ) Prime Rate – shall mean the prime rate of interest as reported by the Federal Reserve
or its successor, however, if a prime rate is reported by the Federal Reserve Bank of Boston it shall
be the “Prime Rate” for purposes of this Renewal License.
(af) Public Access Channel – A specific channel on the Cable System owned and made
available by the Licensee to the Issuing Authority and/or the Access Provider, as determined by the
Issuing Authority, for use by Winthrop residents and organizations and others wishing to present non-
commercial programming to the public.
(ag) Public Buildings – shall mean those buildings owned or leased by the Town and School
District for municipal government and/or public school purposes , and shall not include buildings
owned by the Town and/or School District, but leased to third parties or buildings such as storage
facilities at which government employees are not regularly stationed.
(ah) Public Way shall mean the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive,
circle or other public right-of-way, including, but not limited to, public utility easements, dedicated
utility strips, or rights-of-way and any temporary or permanent fixtures or improvements located
thereon now or hereafter held by the Issuing Authority in the Town, which are dedicated for
compatible uses, which shall entitle Licensee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the Cable System. Public Way shall also mean any easement
now or hereafter held by the Issuing Authority within the Town of for the purpose of public travel,
or for utility or public service use dedicated for compatible uses, and shall include other easements
or rights-of-way dedicated for compatible uses, as shall within their proper use and meaning entitle
Licensee to the use thereof for the purposes of installing, operating, and maintaining Licensee’s
Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily necessary and pertinent to the
Cable System.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
11
(ai) Renewal License or License – shall mean this Renewal License and any amendments or
modifications in accordance with the terms herein.
(aj) Standard Definition (SD) PEG Access Channels – shall mean a PEG Access Channel in
the standard definition display format for digital television transmissions
(ak ) Standard Installation – shall mean the installation which can be completed using a Drop
of up to one hundred twenty-five feet (125’) aerial or one hundred twenty-five feet (125’)
underground.
(al ) State – The Commonwealth of Massachusetts.
(am) Subscriber – shall mean any Person, firm, corporation or other entity who or which
contracts with the Licensee for or lawfully receives, Cable Service provided by the Licensee.
(an) Subscriber Network – shall mean the trunk and feeder signal distribution network over
which video and audio signals are transmitted to Subscribers.
(a o ) Town – shall mean the Town of Winthrop, Massachusetts.
(a p ) Trunk and Distribution System – shall mean that portion of the Cable System for the delivery
of Cable Services, but not including Drop Cable(s) to Subscriber’s residences.
(a q ) Video Programming or Programming – shall mean programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
12
ARTICLE 2
GRANT OF RENEWAL LICENSE
SECTION 2.1 - GRANT OF RENEWAL LICENSE
(a) Pursuant to the authority of M.G.L. c. 166A, and the Cable Act the Issuing Authority
hereby grants a non-exclusive Renewal License to Comcast Cable Communications Management, LLC,
a Limited Liability Company, authorizing and permitting Licensee to construct, operate and maintain a
Cable Television System in the Public Way within the municipal limits of the Town of Winthrop .
(b) This Renewal License is granted under and in compliance with the Cable Act and M.G.L.
c. 166A, and in compliance with all rules and regulations of the FCC and the DTC in force and effect
during the period for which this Renewal License is granted.
(c) Subject to the terms and conditions herein, the Issuing Authority hereby grants to Licensee
the right to construct, upgrade, install, operate and maintain a Cable Television System within the Public
Way.
SECTION 2.2 - TERM: NON-EXCLUSIVITY
This non-exclusive Renewal License shall be for a period of ten (10) years, commencing on
September 1, 2024 through midnight August 31, 2034 .
SECTION 2.3 - RENEWAL
(a) In accordance with the provisions of federal law, M.G.L. c. 166A, § 13 and applicable
regulations, this Renewal License shall be subject to additional renewals for the periods not to exceed
ten (10) years or such other periods as allowed by law.
(b) In accordance with applicable law, any such renewal or renewals shall be upon mutual
written agreement by Licensee and the Issuing Authority and shall contain such terms as Licensee and
the Issuing Authority may then agree.
SECTION 2.4 - RESERVATION OF AUTHORITY
Nothing in this Renewal License shall (a) abrogate the right of the Issuing Authority to perform
any public works or public improvements of any description; (b) be construed as a waiver of any codes
or bylaws/regulations of general applicability and not specific to the Cable Television System, Licensee,
or this License; or (c) be construed as a waiver or release of the rights of the Issuing Authority in and to
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
13
the Public Ways. Consistent with Section 2.6, in the event of any conflict between this License and
any Town bylaw or regulation that is not generally applicable, this License shall control. In the event
of any conflict between this License and any Town bylaw or regulation which is generally applicable,
the bylaw or regulation shall control, subject to challenge as to legality of the Town bylaw or regulation.
Nothing in this Section 2.4 shall be deemed to prohibit the right of the Licensee to challenge the legality
of a Town bylaw or regulation.
SECTION 2.5 - NON-EXCLUSIVITY OF LICENSE
(a) This Renewal License shall not affect the right of the Issuing Authority to grant to any other
Person a license or right to occupy or use the Public Ways or streets, or portions thereof, for the
construction, upgrade, installation, operation or maintenance of a Cable Television System within the
Town of Winthrop ; or the right of the Issuing Authority to permit the use of the Public Ways and places
of the Town for any purpose(s) whatsoever. The Licensee hereby acknowledges the Issuing Authority's
right to make such grants and permit such uses.
(b) The grant of any additional cable television license(s) shall be at the sole discretion of the
Issuing Authority.
(i) In the event that the Licensee believes that any additional cable television license(s)
have been granted on terms and conditions more favorable or less burdensome than those contained in this
Renewal License, the Licensee may request, in writing, that the Issuing Authority convene a public hearing
on that issue. Along with said written request, the Licensee shall provide the Issuing Authority with written
reasons for its belief. At the public hearing, the Issuing Authority shall afford the Licensee an opportunity
to demonstrate that any such additional cable television license(s) are on terms more favorable or less
burdensome than those contained in this Renewal License. The Licensee shall provide the Issuing
Authority with such financial or other relevant information as is requested.
(ii) Should the Licensee demonstrate that any such additional cable television license(s)
have been granted on terms and conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall negotiate, in good faith, equitable amendments to this
Renewal License within a reasonable time.
(c) The issuance of additional license(s) shall be subject to applicable federal law(s), and
M.G.L. Chapter 166A and applicable regulations promulgated thereunder.
(d) In the event an application for a new cable television license is filed with the Issuing
Authority, proposing to serve the Town, in whole or in part, the Issuing Authority shall serve a copy
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
14
of such application upon the Licensee by certified mail or via nationally recognized overnight courier
services within a reasonable time thereafter.
(e) In the event that the Licensee believes that in the future another Licensee which has been
granted a cable television license in the Town, has been provided relief by the Issuing Authority from a
material obligation(s) of its license, which may include amendments to the license, that causes said other
cable television license to be more favorable or less burdensome than this Renewal License, the Licensee
may request, in writing, that the Issuing Authority convene a public hearing on that issue. Along with said
written request, the Licensee shall provide the Issuing Authority with written reasons for its belief. The
Licensee shall provide the Issuing Authority with such financial or other relevant information as is
requested. At the public hearing, the Issuing Authority shall afford the Licensee an opportunity to
demonstrate that such relief causes said other cable license to be favorable or less burdensome than this
Renewal License. Should the Licensee demonstrate that any such relief causes said other cable television
license to be more favorable or less burdensome than the Renewal License, the Issuing Authority shall
consider and negotiate, in good faith, equitable amendments to this Renewal License.
SECTION 2.6 – POLICE AND REGULATORY POWERS
By executing this Renewal License, the Licensee acknowledges that its rights are subject to the
powers of the Town and its right to adopt and enforce generally applicable by-laws in the lawful
exercise of its police powers to the extent permitted by applicable law, with respect to the safety and
welfare of the public. The Licensee shall comply with all applicable federal and State laws and
regulations, and Town bylaws and lawful regulations, provided such Town bylaws and regulations are
not specific to this License, the Licensee and/or Cable System. Nothing in this Section 2.6 shall be
deemed to prohibit the right of the Licensee to challenge the legality of a Town by-law or regulation.
SECTION 2.7 – REMOVAL OR ABANDONMENT
Upon termination of this Renewal License by passage of time or otherwise, unless (1) the
Licensee has its license renewed for another term or (2) the ownership of the Cable Television
System is transferred to another Person with written approval by the Issuing Authority in
accordance with applicable law and pursuant to Section 2.8 below or (3) unless otherwise operating
under the terms of this Renewal License as allowed by applicable law, the Licensee shall remove
all of its supporting structures, poles, transmission and distribution systems, and other
appurtenances from the Public Ways and shall restore the areas to their original condition as is
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
15
reasonably possible and as soon as reasonably possible. If such removal is not complete within six (6)
months of such termination, the Issuing Authority may deem any property not removed as having been
abandoned. Upon written request of the Licensee, the Issuing Authority may waive this requirement
for good cause shown. Notwithstanding the foregoing, under 47 USC Sec. 541(b)(3)(C) the Issuing
Authority may not order the Licensee or any affiliate thereof (i) to discontinue the provision of a
telecommunications service, or (ii) to discontinue the operation of a cable system, to the extent such
cable system is used for the provision of a telecommunications service, by reason of the failure of the
Licensee or its affiliate to obtain a cable franchise or cable franchise renewal with respect to the
provision of such telecommunications service.
SECTION 2.8 – TRANSFER OF THE RENEWAL LICENSE
(a) Pursuant to M.G.L. c. 166A, Section 7, as may be amended from time to time, neither the
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 public hearing upon a written application therefore on
forms as may be prescribed by the FCC and/or the DTC. An application for consent to a transfer or
assignment, if required, shall be signed by the Licensee and by the proposed transferee or assignee or by
their representatives, evidence of whose authority shall be submitted with the application. A transfer or
assignment of a license or control thereof between commonly controlled entities, between affiliated
companies, or between parent and subsidiary corporations, shall not constitute a transfer or assignment
of a license or control thereof under this Renewal License, unless otherwise provided by applicable
federal or State law. An “affiliated company” is any Person or entity who owns or controls, is owned
or controlled by, or is under common ownership or control with, such Person or entity.
(b) Pursuant to applicable State and federal law, as may be amended, in considering a request
to transfer control of the Renewal License, the Issuing Authority shall consider the transferee's financial
capability, management experience, technical expertise and legal ability to operate a Cable System under
the existing license and may consider any other criteria allowable under applicable law or regulation.
(c) The consent or approval of the Issuing Authority to any assignment or transfer of the
Renewal License granted to the Licensee shall not constitute a waiver or release of the rights of the Town
in and to the streets and Public Ways or any other rights of the Town under the Renewal License, and any
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
16
such transfer shall, by its terms, be expressly subordinate to the terms and conditions of the Renewal
License.
(d) The Licensee shall submit to the Issuing Authority an original and one (1) copy, unless
otherwise required by applicable law, of the application and FCC Form 394 requesting such transfer
or assignment consent.
(e) The consent of the Issuing Authority shall be given only after a public hearing to consider
the written application for transfer. Unless otherwise allowed by applicable law(s), the Issuing Authority
shall make a decision on said written application within one hundred and twenty (120) days of receipt of
said application. After 120 days, the application shall be deemed approved, unless said 120-day period is
extended in writing by mutual agreement of the parties pursuant to applicable law.
(f) Any proposed controlling or owning Person or transferee approved by the Issuing Authority
shall be subject to all of the terms and conditions contained in the Renewal License.
SECTION 2.9 – EFFECT OF UNA UTHORIZED TRANSFER ACTION
(a) Any transfer of the hCable System without the Licensee and the transferee complying with
Section 2.8 above shall be null and void, and shall be deemed a material breach of this Renewal License.
(b) If the Issuing Authority denies its consent to any such action and a transfer has nevertheless
been effected, the Issuing Authority may revoke and terminate this Renewal License, unless such transfer
is otherwise allowable by applicable law.
(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.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
17
ARTICLE 3
SYSTEM SPECIFICATIONS AND CONSTRUCTION
SECTION 3.1 - AREA TO BE SERVED
Licensee shall make Cable Service available to every residential dwelling unit within the Town,
subject to Section 3.2 below, provided the Licensee is able to obtain any necessary easements, permits
and/or permission from owners of property and multiple dwelling units. The Licensee shall make its
best efforts to obtain any necessary easements or permission from owners of property in the Town
pursuant hereto.
SECTION 3. 2 – LINE EXTENSION POLICY/NEW AREAS TO BE CONSTRUCTED
(a) Consistent with Section 3.1 above, the Cable System shall be extended upon request, at
the Licensee’s sole cost and expense, to any and all areas of the Town containing thirty (30) dwelling
units per aerial mile; forty (40) homes per underground mile, provided that there is underground conduit
that is made available to the Licensee; or sixty (60) homes per underground mile, if there is no available
conduit for use by the Licensee both as measured from termination of Licensee’s Trunk and Distribution
System. The Licensee shall promptly apply for all necessary permits.) The Licensee shall promptly apply
for all necessary permits. For non-standard aerial installations, Licensee shall offer Cable Service within
ninety (90) days of a Subscriber requesting Cable Service and one hundred eighty (180) days, weather
permitting, for underground installations, both subject to Section 14.2 Force Majeure.
SECTION 3. 3 – RESIDENTIAL SUBDIVISIONS
Subject to Section 3.2, p rovided Licensee has at least ninety (90) days prior written notice
concerning the opening of residential subdivision trenching, or of the installation of conduit for the
location of utilities, it shall install its cable in such trenching or conduits or may seek permission to
utilize alternative trenching or conduits within a comparable time frame. If a substantial quantity of
cable is required for a large subdivision and said quantity is not in stock, the Licensee shall be allowed
additional time for said installation so long as such additional time does not result in additional cost to
the project developer or the Town. The Issuing Authority, or its designee, shall exercise reasonable
efforts to have the Planning Board and developers give timely written notice of trenching and
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
18
underground construction to the Licensee. The Developer shall be responsible for the digging and back-
filling of all trenches.
SECTION 3. 4 – INSTALLATION CHARGES
Any dwelling unit within one hundred twenty-five feet (125’) aerial or one twenty-five feet
(125’) underground from the feeder cable shall be entitled to a Standard Installation rate, unless the sub-
surface of an underground installation is a hard surface or requires boring through rock or a similar hard
surface (i.e. concrete, asphalt, etc.). All other installations are considered non-standard installations.
All non-standard installations more than one hundred twenty-five feet (125’), the first one hundred
twenty-five feet (125’) shall be provided at a rate. For underground installations more than one hundred
twenty-five feet (125’) not involving a hard surface, the first one hundred twenty-five feet (125’) shall
be at the Standard Installation rate established by the Licensee in accordance with applicable federal
and state law and regulations.
SECTION 3. 5 – SUBSCRIBER NETWORK
Licensee shall continue to own, operate and maintain the Cable Television System, to a
minimum bandwidth of 750MHz in accordance with applicable law, and carrying Video Programming
channels in the downstream direction to Winthrop Subscribers.
SECTION 3. 6 – LOCATION OF THE CABLE TELEVISION SYSTEM
The Licensee shall own, operate and maintain the Cable Television System within the Town.
Poles, towers and other obstructions shall be erected so as not to interfere with vehicular or pedestrian
traffic over Public Ways. The erection and location of all poles, towers and other obstructions shall be
in accordance with all applicable and legally enforceable State and local laws and regulations.
SECTION 3. 7 - PARENTAL CONTROL CAPABILITY
(a) Pursuant to applicable law, upon request, Licensee shall provide Subscribers with the
capability to control the reception of any channel on the Cable System.
(b) The Issuing Authority acknowledges that the parental control capability may be part of a
converter box and Licensee may charge Subscriber for use of said box.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
19
SECTION 3. 8 - EMERGENCY ALERT OVERRIDE CAPACITY
Licensee shall comply with the FCC’s Emergency Alert System (“EAS”) regulations and any
applicable laws and regulations of the Commonwealth of Massachusetts in order that emergency messages
are distributed over the Cable System.
SECTION 3. 9 - SYSTEM TECHNICAL SPECIFICATIONS
The Cable System shall conform to the FCC technical specifications, and at all times
throughout the Renewal License, the Licensee shall meet all applicable FCC technical standards.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
20
ARTICLE 4
TECHNOLOGICAL AND SAFETY STANDARDS
SECTION 4.1 - SYSTEM MAINTENANCE
(a) In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid
damage and injury to trees, structures and improvements in and along the routes authorized by the
Issuing Authority, except as may be approved by the Issuing Authority if required for the proper
installation, operation and maintenance of such equipment, cable and wires.
(b) The construction, maintenance and operation of the Cable Television System for which
this Renewal License is granted shall be done in conformance with all applicable laws, bylaws of general
applicability, codes and regulations, including but not limited to OSHA regulations, the Massachusetts
Electrical Code, the National Electrical Safety Code, the National Electrical Code, and the rules and
regulations of the FCC, the rules and regulations of DTC, any other applicable Massachusetts laws and
regulations, generally applicable Town bylaws and regulations, and all applicable land use restrictions
as the same exist or as same may be hereafter changed or amended.
(c) Operating and maintenance personnel shall be trained in the use of all safety equipment
and the safe operation of vehicles and equipment. Licensee shall install and maintain its equipment,
cable and wires in such a manner as shall not interfere with any installations of the Town or any public
utility serving the Town.
(d) All structures and all equipment, cable and wires in, over, under, and upon streets,
sidewalks, alleys, and public rights of ways of the Town, wherever situated or located shall at all times
be kept and maintained in a safe and suitable condition and in good order and repair.
SECTION 4.2 - REPAIRS AND RESTORATION
Whenever Licensee takes up or disturbs any pavement, sidewalk or other improvement of any
public right of way or public place, the same shall be replaced and the surface restored in as good
condition as possible as before entry as soon as practicable. If 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 Licensee in writing of the restoration and repairs required and the time fixed for the
performance thereof. Upon failure of Licensee to comply within the time specified, the Issuing
Authority may cause proper restoration and repairs to be made and the expense of such work shall be
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
21
paid by Licensee upon written demand by the Issuing Authority. However, prior to such repair or
restoration the Town should submit a written estimate to Licensee of the actual cost of said repair or
restoration.
SECTION 4.3 – UNDERGROUND FACILITIES
(a) In the areas of the Town in which telephone lines and electric utility lines are currently, or
in the future specified to be, underground, whether required by law or not, all of the Licensee’s lines,
cables and wires shall be underground. At such time as these facilities are placed underground by the
telephone and electric utility companies, the Licensee shall likewise place its facilities underground at
no cost to the Town.
(b) Pursuant to Section 4.3(a) above, underground cable lines shall be placed beneath the
pavement sub-grade in compliance with applicable Town by-laws, rules, regulations and/or standards.
It is the policy of the Town that existing poles for electric and communication purposes be utilized
wherever possible and that underground installation is preferable to the placement of additional poles.
(c) Except as provided for in paragraph (a) herein, in the event that the Licensee is required to
place existing aerial plant underground, the Licensee reserves its right to pass those costs through to
Subscribers if and to the extent allowed by applicable law. In the event the Town develops an
undergrounding project for which it plans to utilize Town funds to reimburse utilities for the cost of said
undergrounding, it shall notify the Licensee of such and discuss with the Licensee how the Licensee
may be eligible for such funding consistent with equitable principles and applicable law.
(d) Nothing in this Section shall be construed to require the Licensee to construct, operate, or
maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system
passive devices, amplifiers, power supplies, pedestals, or other related equipment.
SECTION 4.4 - TREE TRIMMING
Licensee shall have authority to trim trees upon and overhanging public streets, alleys, sidewalks
and ways and places of the Town so as to prevent the branches of such trees from coming in contact
with the wires, cables and equipment of Licensee, in accordance with M.G.L. c. 87 and any Town bylaws
and regulations.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
22
SECTION 4.5 – STRAND MAPS
Upon written request, the Licensee shall file with the Issuing Authority strand maps of the Cable
System plant installed. Upon written request said strand maps shall also be provided in electronic format
if they exist in said electronic format. The Licensee shall not be required to provide a particular type of
electronic format which is different from the electronic format the Licensee maintains.
SECTION 4.6 - BUILDING MOVES
In accordance with applicable laws, Licensee shall, upon the written request of any person
holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the
moving of the building(s). Licensee shall be given not less than thirty (30) days advance written notice
to arrange for such temporary wire changes. The cost to raise or lower wires shall be borne by the
Person(s) holding the building move permit, unless otherwise required by applicable law or regulation.
Licensee shall have the right to seek reimbursement under any applicable insurance or
government program for reimbursement.
SECTION 4.7 - DIG SAFE
Licensee shall comply with all applicable “dig safe” provisions pursuant to M.G.L. c. 82, §40.
SECTION 4.8 - DISCONNECTION AND RELOCATION
(a) Licensee shall, at its sole cost and expense, protect, support, temporarily disconnect,
relocate in the same street, or other Public Right of Ways, 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 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.
(b) Licensee shall have the right to seek reimbursement under any applicable government
program for reimbursement.
SECTION 4.9 - EMERGENCY REMOVAL OF PLANT
(a) If, at any time, in case of fire or disaster in the Town, it shall be necessary in the reasonable
judgment of the Town to cut or move any of the wires, cable or equipment of the Cable Television
System, the Town shall have the right to do so without cost or liability.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
23
(b) The Licensee shall have the right to seek reimbursement under any applicable government
program for reimbursement.
SECTION 4.10 – 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 the cost and
expense of such removal within thirty (30) days of submission of a bill thereof.
SECTION 4.11 RIGHT TO INSPECTION
The Issuing Authority and/or its designee(s) shall have the right, at its sole cost and expense,
to inspect the plant and equipment of the Licensee in the Town at reasonable times and under
reasonable circumstances for the purpose of determining compliance with the requirements of this
License. The Licensee shall fully cooperate in such inspections; provided, however, that such
inspections are reasonable and do not interfere with the operation or the performance of the facilities
of the Cable System, and that such inspections are conducted after reasonable written notice to the
Licensee. The Licensee shall have a representative present during such inspections.
SECTION 4.12 – PRIVATE PROPERTY
The Licensee shall be subject to all laws, by-laws and/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 at its sole cost and expense, promptly repair or replace all
private property, real and personal, damaged or destroyed as a result of the construction, installation,
operation or maintenance of the Cable System.
SECTION 4.13 – PEDESTALS
In any cases in which pedestals housing active and passive devices are to be utilized, in Town
Public Ways or within the Town public lay-out, such equipment must be installed in accordance with
applicable Town, regulations and/or by-laws.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
24
SECTION 4.14 – SERVICE INTERRUPTIONS
Except where there exists an emergency situation necessitating a more expeditious procedure,
the Licensee may interrupt Service for the purpose of non-routine repairing, constructing or testing the
Cable Television System only during periods of minimum use and, when practical, only after a
minimum of forty-eight (48) hours’ notice to all affected Subscribers.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
25
ARTICLE 5
PROGRAMMING
SECTION 5.1 - BASIC CABLE SERVICE
Licensee shall make available a Basic Cable Service tier to all Subscribers in the Town pursuant
to applicable statute or regulation.
SECTION 5.2 - PROGRAMMING
(a) Pursuant to 47 U.S.C. 544, Licensee shall maintain the mix, quality and broad categories
of Video Programming as set forth in Exhibit 5.2 . Pursuant and subject to federal law, all Video
Programming decisions, excluding PEG Access Programming, are at the sole discretion of Licensee.
(b) Licensee shall comply with 76.1603(c)(3)(i)(b) of the FCC Rules and Regulations as well
as 207 CMR 10.02 of the Massachusetts Cable Television Division Rules and Regulations regarding
notice of programming changes. (See Exhibit 9.4) Advance notice is not required for the launch of
new channels when offered on a subscription basis or added to an existing service tier at no
additional cost to the Subscriber. The written notices required by this section may be provided
electronically as permitted by 47 C.F.R. § 76.1600.
SECTION 5.3 - REMOTE CONTROLS
Licensee shall allow Subscribers to purchase remote control devices which are compatible with
the converter installed by Licensee, if any, and allow the use of such. Licensee takes no responsibility
for changes in its equipment or services that might render inoperable the remote control devices acquired
by Subscribers.
SECTION 5.4 - STEREO TV TRANSMISSIONS
All broadcast and cablecast signals that are transmitted to Licensee’s headend in stereo shall be
transmitted in stereo to Subscribers.
SECTION 5.5 – CABLE CHANNELS FOR COMMERCIAL USE
Pursuant to 47 U.S.C. 532 (Section 612 of the Cable Act), Licensee shall make available channel
capacity for commercial use by persons unaffiliated with Licensee. Rates for use of commercial access
channels shall be negotiated between Licensee and the commercial user in accordance with federal law.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
26
SECTION 5.6 – CONTINUITY OF SERVICES
It shall be the right of all Subscribers to receive Cable Service insofar as Subscribers honor their
financial and other obligations to the Licensee; provided, however, that the Licensee shall have no
obligation to provide Cable Service to any Person who or which the Licensee has a reasonable basis to
believe is utilizing an unauthorized converter and/or is otherwise obtaining any Cable Service without
required payment thereof. The Licensee shall ensure that all Subscribers receive continuous,
uninterrupted Cable Service, except for necessary Cable Service interruptions or as a result of Cable
System or equipment failures. When necessary, if non-routine Cable Service interruptions can be
anticipated, the Licensee shall notify Subscribers of such interruption(s) in advance if practical.
SECTION 5.7 – COMMERCIAL ESTABLISHMENTS
The Licensee shall make Cable Service available to any commercial establishments in the Town
provided that said establishment(s) agrees to pay for installation, any required line extension, and
monthly subscription costs as established by the Licensee .
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
27
ARTICLE 6
PEG ACCESS CHANNELS AND SUPPORT
SECTION 6.1 - PEG ACCESS CHANNELS
(a) Use of a Cable System video channel for Public, Educational and Governmental (“PEG”)
Access shall be provided in accordance with federal law, 47 U.S.C. 531, and as further set forth below.
Licensee does not relinquish its ownership of or ultimate right of control over a channel by designating
it for PEG use. A PEG Access User – whether an individual, educational or governmental user – acquires
no property or other interest by virtue of the use of a channel so designated, and may not rely on the
continued use of a particular channel number, no matter how long the same channel may have been
designated for such use. The PEG Access channels shall, other than provided in Section 6.1(c) below,
be used exclusively as and/or for PEG Access channels and PEG Access Programming. The Licensee
shall not exercise editorial control over any public, educational, or governmental use of channel capacity
except to the extent allowed by applicable law. The Issuing Authority and Town shall not exercise
editorial control over public use of the Public Access Channel except to the extent allowed by applicable
law. The Issuing Authority and/or its designee shall be responsible for developing, implementing,
interpreting and enforcing rules for the PEG Access Channel and PEG Access operations in accordance
with applicable law. The PEG Channels shall be provided on the Basic Cable Service tier to the extent
said tier is required pursuant to applicable law or regulations or otherwise provided by the Licensee.
(b) Licensee shall continue to make available three (3 ) Public, Educational, and Government
(“PEG”) Access Channels in Standard Definition format to be used for PEG Access programming by
the Issuing Authority and/or its PEG Access Designee(s). The Licensee shall convert one (1) PEG
Access Channel to High Definition (HD) and upgrade two (2) PEG Access Channel(s) to SD/SDI. Said
HD PEG Access Channel conversion and the upgrade of the SD PEG Access Channels to SD/SDI shall
be completed within twenty-four (24) months of such written designation by the Issuing Authority.
The Licensee shall have the right to reclaim the Standard (SD) PEG Access channel upon the
activation of the HD Channel.
(c) The Town or its PEG Access Designee shall be responsible for providing the HD PEG
Channel signal in a HD format compatible with Licensee’s equipment in the Cable System at the
applicable demarcation point.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
28
(d) The Town acknowledges that not every Subscriber may be able to view HD PEG
Access Programming on every TV, and additional costs may be involved in the reception of HD
programming.
(e) Licensee may implement HD carriage of the PEG Channels in any manner that produces
a signal for the Subscriber that is substantially equivalent to commercial HD channels on the Cable
System.
(f) In the event the Issuing Authority, its designee(s) or other PEG Access User elect not to
program a PEG Access Channel for a period of one hundred twenty (120) days or more, not including a
period of force majeure, the Licensee may thereafter use such channel capacity that is not being used for
PEG Access purposes, subject to the right of the Issuing Authority to reclaim said channel capacity for
its PEG Access use or the PEG Access use of its designee(s) or other Access Users.
(g) Said PEG Access Channels shall be used to transmit PEG Access Programming to
Subscribers without charge to the Town, its Issuing Authority , the PEG Access Designee and/or PEG
Access Users . (i) The PEG Access Channels may not be used to cablecast for-profit or commercial
programs. in any fashion.
(h) The Licensee shall not change a PEG Access Channel location without a minimum of thirty
(30) days advance written notice to the Issuing Authority.
(i) The Licensee shall monitor the PEG Access Channels for technical quality consistent with
the FCC Technical Standards and shall ensure that they are maintained at standards commensurate with
those which apply to the Cable System’s commercial channels. However, the Licensee is not responsible
for the production quality of PEG Access Programming productions.
(j) There shall be no charges by the Licensee to the Town, its Issuing Authority, the Access
Provider or Access Users for the Access Channels.
SECTION 6.2 – PEG ACCESS PROVIDER
(a) The Access Provider shall provide services to PEG Access users and the Town as follows:
(1) Schedule, operate and program the PEG Access channels provided in accordance with
Section 6.1, above;
(2) Manage the annual funding, pursuant to Section 6.4 below;
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
29
(3) Purchase, maintain and/or lease equipment, with the funds allocated for such purposes in
Section 6.5 below;
(4) Conduct training programs in the skills necessary to produce PEG Access Programming;
(5) Provide technical assistance and production services to PEG Access Users ;
(6) Establish rules, procedures and guidelines for use of the PEG Access Channels;
(7) Provide publicity, outreach, referral and other support services to PEG Access users,
members, volunteers and community;
(8) Assist PEG Access Users in the production of Video Programming of interest to Subscribers
and issues, events and activities; and
(9) Accomplish such other tasks relating to the operation, scheduling and/or management of the
PEG Access Channels, facilities and equipment as appropriate and necessary.
SECTION 6.3 – PEG ACCESS CABLECASTING
(a) In order that PEG Access Programming can be cablecast over Licensee’s downstream PEG
Access Channels provided pursuant to Section 6.1 above, all PEG Access Programming originating from
a PEG Access remote origination location listed in Exhibit 6.3 and/or aggregated during the term of
this Renewal License at the PEG Access video return hub shall be transmitted on the Licensee
provided fiber-based video return lines and transmission equipment (“Video Return Lines”) to the PEG
Access Studio (165 Winthrop Street). All PEG Access Programming originating or aggregated at the
PEG Access Studio shall be transmitted to the Licensee’s Headend or hub-site on the Licensee to the
Licensee-owned Headend on a Licensee-provided and owned fiber-based video return line. (“Video
Return Line”) to be made available by the Licensee without charge to the Town and/or its PEG
Access Designee for their use. The Licensee shall have no obligation under this Renewal License
for the aggregation of PEG Access Programming at the PEG Access video return hub from PEG
Access remote origination locations other than listed in Exhibit 6.3. At Licensee-owned Headend or
hub-site, said PEG Access Programming shall be retransmitted in the downstream direction on the
appropriate Licensee-owned Subscriber Network downstream PEG Access Channel
(b) Subject to payment by the Town or its Access Provider as set out herein, the Licensee shall,
within twenty-four (24) months of the Effective Date of this License, purchase, install and operate
standard definition serial digital interface (SD/SDI) equipment at the PEG Access video return hub for
each of the three (3) SD PEG Access Channels and high definition interface equipment shall be made
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
30
available by the Licensee for one (1) HD PEG Access Channel. Said equipment shall be used for
transport of said PEG Access signal(s) to the Licensee’s Headend facility to enable the Issuing Authority,
its designee(s) and/or the Access Provider to cablecast their PEG Access Programming over the
Subscriber Network PEG Access Downstream Channels. Prior to the installation of this equipment, the
Licensee shall provide the Town with a detailed, itemized invoice for the cost of the project, which shall
not exceed Fifteen Thousand Dollars ($15,000). The Licensee shall own, maintain and repair and/or, if
necessary, replace, said equipment for the entire term of this Renewal License.
(c) The Licensee shall be responsible for all necessary inspections and performance tests of
the Video Return Line(s) in accordance with applicable law and regulation for this Cable System,
including 47 CFR §76.01. The Licensee shall provide, maintain, operate, repair and, if necessary, replace
all equipment necessary to receive and transmit end-to-end digital PEG Access programming and PEG
Access Channels as described in this Section 6.3(a) above, including necessary transmission, switching
and/or processing equipment located at its Headend or hub-site in order to switch upstream signals
carrying PEG Access Programming from the PEG Access video return hub to the designated Licensee-
owned Subscriber Network downstream PEG Access Channel.
(d) The demarcation point between Licensee’s equipment and the Town’s and/or Access
Provider’s equipment shall with respect to the PEG Access Channels be at the input of the Licensee
owned equipment used for video signal transport at the PEG Access remote origination locations listed
in Exhibit 6.3 and the PEG Access video return hub. The Licensee shall own, maintain, repair and/or,
if necessary, replace said video signal transport equipment.
(d) There shall be no charge to the Town, its Issuing Authority, the PEG Access Designee or
Access Users for the provision of PEG Access origination, video return or cablecasting, as required by
or provided pursuant to this Section 6.3.
(e) The Licensee and the Issuing Authority shall work together in good faith with respect to
any difficulties that arise regarding the transmission, switching and/or cablecasting of PEG Access
Programming, pursuant to this Section 6.3.
SECTION 6.4 – PEG ACCESS ANNUAL SUPPORT
(a) The Licensee shall provide payments to the Issuing Authority and/or its PEG Access
Designee for Public, Educational and Government Access purposes in an amount equal to five percent
(5.00%) of Gross Annual Revenues (the “PEG Access Annual Support”), less applicable License Fees.
Said payments shall be made as provided herein on the following quarterly basis: (i) on or before August
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
31
15 th of each year of this Renewal License for the previous three (3) month period of April, May and
June; (ii) on or before November 15 th of each year of this Renewal License for the previous three (3)
month period of July , August and September; (iii) on or before February 15 th of each year for the
previous three (3) month period of October, November and December; and (iv) on or before May 15 th
of each year for the previous three (3) month period of January, February and March. The first five
percent ( 5.00 %) quarterly payment pursuant to this Renewal License shall be made on or before November
15, 2024 for the period from the Effective Date through September 30, 2024. The final five percent (5.00%)
payment shall be made on or before February 15, 2035 for the previous period from July 1, 2034 through
August 31, 2034.
(b) The Licensee shall file with each of the payments pursuant to this Section 6.4, a statement
certified by a duly authorized financial representative of the Licensee documenting, in reasonable detail,
the Gross Annual Revenue as defined in Section 1.1(p), for each three (3) month reporting period. Said
statement shall list general categories comprising Gross Annual Revenues as defined in Section 1.1(p).
(c) In the event that payments required to be made herein by the Licensee are not tendered
on or before the dates fixed herein, interest due on such required payments shall accrue and be paid to
the Issuing Authority or its designee from the date due at the Prime Rate.
SECTION 6.5– PEG ACCESS CAPITAL FUNDING
(a) The Licensee shall provide capital funding to the Issuing Authority or its PEG Access
Designee, as directed by the Issuing Authority, for capital costs for public, educational or governmental
(PEG) access facilities and related equipment (the “PEG Access Capital Funding”) on or before the
below referenced dates, as follows:
December 1, 2024 $13,500
December 1, 2025 $13,500
December 1, 2026 $13,500
December 1, 2027 $13,500
December 1, 2028 $13,500
December 1, 2029 $13,500
December 1, 2030 $13,500
December 1, 2031 $13,500
December 1, 2032 $13,500
December 1, 2033 $13,500
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
32
together with thirty-five hundredths percent (0.35%) of Gross Annual Revenues paid on the same
quarterly basis as set out in Section 6.4 above with respect to PEG Access Annual Support. More
specifically, (i) on or before August 15 th of each year of this Renewal License for the previous three (3)
month period of April, May and June; (ii) on or before November 15 th of each year of this Renewal
License for the previous three (3) month period of July, August and September; (iii) on or before
February 15 th of each year for the previous three (3) month period of October, November and December;
and (iv) on or before May 15 th of each year for the previous three (3) month period of January, February
and March. The first thirty-five hundredths percent (0.35%) quarterly payment pursuant to this Renewal
License shall be made on or before February 15, 2025 for the period from the Effective Date through
September 30, 2034. The final thirty-five hundredths percent (0.35%) payment shall be made on or before
February 15, 2035 for the previous period from July1, 2034 through August 31, 2034.
(b) The Town and/or its PEG Access Designee shall own all PEG Access facilities and related
equipment purchased with the PEG Access Capital Funding provided pursuant to this Section 6.5. The
Licensee shall have no obligation for maintenance, repair or replacement of such PEG Access facilities
and equipment.
(c) The PEG Access Capital Funding provided herein by the Licensee shall not be counted
toward: (i) the PEG Access Annual Support provided by the Licensee pursuant to Section 6.4 above; or
(ii) the License Fee payment payable pursuant to Section 7.1 below. These costs may be passed through
to Subscribers as allowed by applicable law and regulations.
(d) In the event that payments required to be made herein by the Licensee are not tendered
on or before the dates fixed herein, interest due on such required payments shall accrue and be paid to
the Issuing Authority or its designee from the date due at the rate of two percent (2%) above the Prime
Rate. Any payment pursuant to this Section 6.5(d) shall be within the exclusion to the term “franchise
fee” for requirements incidental to enforcing the Renewal License pursuant to Section 622(g)(2)(D) of the
Cable Act.
SECTION 6.6 - NON-COMMERCIAL PROGRAMMING
The Issuing Authority and its designee(s) shall not use the designated PEG access channels,
equipment, or other facilities to provide for-profit commercial Programming. Nothing in this Section 6.6
shall prohibit the Issuing Authority or its designee from having memberships, sponsorships,
underwriting or acknowledgements (such as the underwriting and acknowledgments displayed by the
Public Broadcasting System), to the extent not otherwise prohibited by applicable law or regulations.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
33
SECTION 6.7 – INTERCONNECTION WITH COMPETING CABLE LICENSE
In the event a cable license is issued by the Issuing Authority to a competing Licensee, the
Issuing Authority shall not authorize or require the competing licensee to connect its facilities or cable
system to Licensee’s Cable System for purposes of obtaining PEG Access Programming from the
Licensee’s PEG access channels without the prior written consent of Licensee.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
34
ARTICLE 7
FRANCHISE FEES AND LICENSE FEES
SECTION 7.1 – LICENSE FEE PAYMENTS
(a) Pursuant to Massachusetts General Laws Chapter 166A, Section 9, the Licensee shall
pay to the Town, throughout the term of this Renewal License, a License Fee equal to fifty cents ($.50)
per Subscriber per year, or such other amount as may in the future be allowed pursuant to State and/or
federal law. The number of Subscribers, for purposes of this Section 7.1, shall be calculated in
compliance with applicable law(s).
SECTION 7.2 – FRANCHISE FEE
In accordance with Section 622(b) of the Cable Act, the Licensee shall not be liable for a total
Franchise Fee pursuant to this Renewal License and applicable law in excess of five percent (5%) of
Gross Annual Revenues. Said five percent (5%) shall include the following: (i) the PEG Access
Annual Support pursuant to Section 6.4, above; and (ii) any License Fee(s) that may be payable to the
Town and to the State pursuant to Massachusetts General Laws Chapter 166A, Section 9, and Section
7.1 above, provided, however, that said five percent (5%) shall not include the PEG Access Capital
Funding pursuant to Section 6.5 above and any other exclusions to the definition of Franchise Fee
provided in Section 622(g)(2) of the Cable Act.
SECTION 7.3 – PAYMENT
Pursuant to M.G.L. Chapter 166A, Section 9, the License Fees shall be paid annually to the
Town throughout the term of this Renewal License, no later than March 15th of each year, unless
provided for otherwise under applicable law.
SECTION 7.4 – OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS
(a ) The Franchise Fee and 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 Licensee 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 Franchise Fee and License Fee payments which shall be a
separate and distinct obligation of the Licensee. The Licensee herein agrees that no such taxes, fees or
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
35
charges of general applicability shall be used as offsets or credits against the Franchise Fee or License
Fee payments.
(b) In accordance with Section 622(h) of the Cable Act, nothing in the Cable Act or this
Renewal License shall be construed to limit the authority of the Issuing Authority to impose a tax, fee
or other assessment of any kind on any Person (other than the Licensee) with respect to Cable Service
provided by such Person over the Cable System for which charges are assessed to Subscribers but not
received by the Licensee. For any twelve (12) month period, the fees paid by such Person with respect
to any such Cable Service or any other communications service shall not exceed five percent (5%) of
such Person’s gross revenues derived in such period from the provision of such service over the Cable
System.
SECTION 7.5 – LATE PAYMENT
In the event that the payments required pursuant to this Article 7 are not tendered to the Town
on or before the dates fixed herein by or pursuant to Section 7.3 above or applicable law, interest due
on such fee payment shall accrue from the date due at the rate of two percent (2%) above the Prime
Rate. Any payment pursuant to this Section 7.5 shall be within the exclusion to the term “franchise fee”
for requirements incidental to enforcing the Renewal License pursuant to Section 622(g)(2)(D) of the
Cable Act.
SECTION 7.6 - AUDIT AND RECOMPUTATION
(a) Tender or acceptance of any payment, including any payment of a Franchise Fee or
License Fee or any payment required in Article 6 of this Renewal License 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
Article 6 or Article 7. All amounts paid shall be subject to audit and recomputation by the Issuing
Authority, which shall commence in no event later than two (2) years after the subject payment has
been tendered.
(b) If the Issuing Authority has reason to believe that any such payments are incorrect, the
Licensee shall have thirty (30) business days after a written request from the Issuing Authority to
provide the Town 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 ) at its
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
36
own expense. If, after such audit and recomputation, an additional Franchise Fee, License Fee or any
payment required in Article 6 of this Renewal License is owed to the Town, the Licensee shall pay
said amount, plus interest, to the Town or its designated Access Provider within thirty (30) days after
such audit and recomputation. 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 7.7 – AFFILIATES USE OF SYSTEM
Use of the Cable System by Affiliates shall be in compliance with applicable State and/or
federal laws, and shall not detract from the provisions of this Renewal License.
SECTION 7.8 – METHOD OF PAYMENT
All License Fee payments by the Licensee to the Town pursuant to this Renewal License shall
be made payable to the Town and provided to the Town Manager, unless the Licensee is otherwise
notified in writing by the Town Manager as the Issuing Authority.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
37
ARTICLE 8
RATES AND CHARGES
SECTION 8.1 - RATES AND CHARGES
(a) All rates, fees, charges, deposits and associated terms and conditions to be imposed by
Licensee or any affiliated Person for any Cable Service as of the Effective Date shall be in accordance
with applicable FCC rate regulations [47 U.S.C. 543]. Before any new or modified rate, fee, or charge
is imposed, Licensee shall follow the applicable FCC and State notice requirements and rules and notify
affected Subscribers, which notice may be by any means permitted under applicable law.
(b) In accordance with applicable laws and regulations, the Licensee shall file with the Issuing
Authority schedules which shall describe all Cable Service offered by the Licensee, all rates and charges
of any kind, and all terms or conditions relating thereto, including any changes thereto.
(c) At the time of initial solicitation or installation of Cable Service, the Licensee shall also
provide each Subscriber with a detailed 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
charge of the increased rate. Change of service policies shall be in compliance with 207 CMR 10.00 et seq.
(d) The Issuing Authority acknowledges that under the 1992 Cable Television Consumer
Protection and Competition Act, certain costs of Public, Educational and Governmental (“PEG”) Access
and other license/franchise requirements, may be passed through to the Subscribers in accordance with
federal law.
SECTION 8.2 – RATE REGULATION
The Town reserves the right to regulate the Licensee's rates and charges to the extent allowable
under State and federal laws.
SECTION 8.3 – CREDIT FOR SERVICE INTERRUPTION
In accordance with applicable law, in the event that Service to any Subscriber is interrupted for
twenty-four (24) or more consecutive hours, the Licensee shall grant such Subscriber a pro rata credit or
rebate.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
38
ARTICLE 9
CUSTOMER SERVICE, SUBSCRIBER RIGHTS AND CONSUMER PROTECTION
SECTION 9.1 – CUSTOMER SERVICE CALL CENTER
(a) Licensee shall maintain and operate its customer services call center twenty-four (24)
hours a day, seven (7) days a week, including holidays. The Licensee reserves the right to modify its
business operations with regard to such customer service call center. The Licensee shall comply with
all State and federal requirements pertaining to the hours of operation of such customer service call
center.
(b) The Licensee’s main customer service call center shall have a publicly listed local or toll-
free telephone number for Winthrop Subscribers, unless required otherwise by applicable law.
(c) Pursuant to 47 C.F.R. §76.309(c)(1)(B), under normal operating conditions (as defined
in §76.309(c)(4)(ii) telephone answer time by a customer service representative, including wait time,
shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. Said standard shall be met no less than ninety percent
(90%) of the time under normal operating conditions, measured on a quarterly basis.
(d) Pursuant to 47 C.F.R. §76.309(c)(1)(B), a Subscriber shall receive a busy signal less than
three (3%) of the time, measured on a quarterly basis, under normal operating conditions.
SECTION 9.2 – INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME
(a) The Licensee shall respond to all requests for aerial installation(s) within seven (7)
business 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, weather
permitting. If arranging appointments for installation, the Licensee shall specify in advance whether
such will occur in the morning or afternoon, or a narrower interval, if possible, 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).
(b) A Subscriber complaint or request for service received after Normal Business Hours shall
be acted upon the next business day.
(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 (i) any emergency situations and/or (ii) an outage as described in section 9.2 (d) below.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
39
(d) System outages shall be responded to promptly, 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, concerning such an outage, or when the Licensee has
reason to know of such an outage.
(e) The Licensee shall remove all Subscriber Drop Cables, within twenty-one (21) days of
receiving a request from a Subscriber to do so.
`
SECTION 9.3 – 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 9.3 .
SECTION 9.4 – BUSINESS PRACTICE STANDARDS
The Licensee shall provide the Issuing Authority and all of its Subscribers with the following
information in accordance with 207 CMR 10.00 et seq., attached hereto as Exhibit 9.4 , as the same
may exist or be amended from time to time:
(i) Notification of its Billing Practices;
(ii) Notification of Service, Rates and Charges;
(iii) Form of Bill;
(iv) Advance Billing, Issuance of Bills;
(v) Billing Due Dates, Delinquency, Late Charges and Termination of Service;
(vi) Charges for Disconnection or Downgrading of Service;
(vii) Billing Disputes; and
(viii) Security Deposits.
SECTION 9.5 – 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 Cable 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 and/or inquiries, as follows:
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
40
(i) Upon the written request of the Issuing Authority or its designee(s), and subject to
applicable privacy laws, the Licensee shall, within fourteen (14) business days after receiving such
request, send a written report to the Issuing Authority with respect to any complaint. Such report shall
provide a full explanation of the investigation, finding and corrective steps taken by the Licensee.
(ii) Should a Subscriber have an unresolved complaint regarding cable television
operations, the Subscriber shall be entitled to file his or her complaint with the Issuing Authority or its
designee(s), who shall have primary responsibility for the continuing administration of this Renewal
License and the implementation of complaint procedures. Thereafter, if the Subscriber chooses to
participate in further processing of the complaint, the Subscriber shall meet jointly with the Issuing
Authority or its designee(s) and an authorized 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.
(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 multiple complaints or
disputes brought by Subscribers arising from the operations of the Licensee.
(d) In the event that the Issuing Authority or its designee(s) finds a pattern of multiple
unresolved Subscriber complaints, the Issuing Authority or its designee(s) and the Licensee shall discuss,
in good faith, possible amendments to the Licensee's procedures for the resolution of complaints.
SECTION 9.6 – EMPLOYEE IDENTIFICATION CARDS
All of the Licensee's employees and contractors 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 visibly display an employee or contractor identification card issued by the
Licensee or contractor, respectively, and bearing a picture of said employee or contractor.
SECTION 9.7 – PROTECTION OF SUBSCRIBER PRIVACY
(a) The Licensee shall comply with all applicable federal and State laws and regulations
regarding privacy, monitoring, information with respect to Cable Service viewing habits, subscription
information or decisions, and personally identifying information, and the collection and/or distribution
thereof, including notice to Subscribers regarding these privacy matters and Subscriber access thereto,
including, but not limited to the provisions of Section 631 of the Cable Act (47 U.S.C. 551), as may be
amended.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
41
(b) 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.
SECTION 9. 8 – RESPECT FOR PRIVATE PROPERTY
Nothing herein shall be construed as authorizing access or entry onto private property, or any
other property, by the Licensee, where such right to access or entry is not otherwise provided by law,
the Subscriber Services Agreement or this License.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
42
ARTICLE 10
INSURANCE AND BONDS
SECTION 10.1 – INSURANCE
At all times during the term of the Renewal License, including the time for removal of facilities
provided for herein, the Licensee shall obtain, pay all premiums for, and file with the Issuing Authority,
as obtained and renewed, copies of the certificates of insurance for the following policies:
(a) A commercial general liability insurance policy, written on an occurrence basis, naming
the Town, its officers, boards, commissions, committees, and employees as additional insureds on all
claims on account of injury to or death of a person or persons occasioned by the construction, installation,
maintenance, operation or removal of the Cable System or alleged to have been so occasioned, with a
minimum liability of One Million Dollars ($1,000,000). The policy shall provide blanket contractual
liability insurance for all written contracts, and shall include coverage for personal injury, property
damage, products and completed operations liability, independent contractor’s liability, coverage for
property damage from perils of explosion, collapse or damage to underground utilities, commonly
known as XCU coverage.
(b) Automobile liability insurance for owned automobiles and trucks, non-owned automobiles
and trucks and/or rented automobiles and trucks in the amount of One Million Dollars ($1,000,000)
combined single limit for bodily injury and consequent death and property damage per occurrence;
(c) Workers Compensation in the minimum amount of the statutory limit.
(d) The Licensee shall carry excess liability, written on an occurrence basis, in the minimum
amount of Five Million Dollars ($5,000,000) umbrella form over all other insurance required by this
Section 10.1.
(e) The following conditions shall apply to the insurance policies required herein:
(i) Such insurance shall commence no later than the Effective Date of the Renewal
License.
(ii) Such commercial general liability and automobile liability insurance shall be
primary with respect to any insurance maintained by the Town and shall not call on the Town’s
insurance for contributions.
(iii) Such insurance shall be obtained from brokers or carriers authorized to transact
insurance business in the State.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
43
(iv) The coverage amounts set forth above may be met by a combination of underlying
and umbrella policies so long as in combination the limits equal or exceed those required herein.
(v) The Licensee’s failure to obtain, to procure or maintain the required insurance shall
constitute a material breach of the Renewal License under which the Town may immediately
suspend operations under the Renewal License.
(vi) The Licensee shall be responsible for all deductibles.
(vii) The Town, its Issuing Authority, other officials, and employees shall be named as
“additional insureds” on all required liability insurance policies.
(viii) Neither this Section 10.1, nor the provision of insurance or insurance proceeds
pursuant to this Section 10.1, shall limit the liability of the Licensee pursuant to this Renewal
License.
(ix) The Licensee shall provide the Issuing Authority with certificate(s) of insurance for
all policies required herein upon expiration of the policies. The Licensee shall timely notify the
Issuing Authority in the event of cancellation or reduction in the coverage amount. Said notice
may be by electronic mail (e-mail).
SECTION 10.2 – PERFORMANCE BOND
(a) The Licensee shall maintain, without charge to the Town, throughout the term of the
Renewal License, a faithful performance bond running to the Town and in a form satisfactory to the
Issuing Authority (however, the Issuing Authority shall not unreasonably deem a bond’s form to be
unsatisfactory), with good and sufficient surety licensed to do business in the Commonwealth of
Massachusetts in the sum of Twenty-Five Thousand Dollars ($ 25 ,000). Said bond shall be upon the
terms and conditions specified in M.G.L. 166A § 5(K) and the faithful performance and discharge of all
material obligations imposed by the Renewal License, subject to the provisions of 12.1 and 12.2 below.
(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 material 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 12.1 below. The Licensee shall timely notify
the Issuing Authority in the event of cancellation or reduction in the coverage amount of the performance
bond. Said notice may be by electronic mail (e-mail).
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
44
(c) Said bond shall be a continuing obligation of the Renewal License, and thereafter until the
Licensee has satisfied all of its obligations to the Town pursuant to the terms and conditions of such
bond. In the event that the Town recovers from said surety, the Licensee shall take immediate steps to
reinstate the performance bond to the sum of Twenty-Five Thousand Dollars ($ 25 ,000) required herein.
Neither this section, nor any bond accepted pursuant thereto, nor any damages recovered thereunder
shall limit the liability of the Licensee under the Renewal License.
(d) The performance bond required herein shall contain an explicit endorsement stating that
such performance bond is intended to cover the liability assumed by the Licensee under the terms of the
Renewal License. The Licensee shall timely notify the Issuing Authority in the event of cancellation,
material change or reduction in the coverage amount of the performance bond.
SECTION 10.3 – INDEMNIFICATION
The Licensee shall, at its sole cost and expense, indemnify, hold harmless and defend the Town,
its officials, boards, commissions, committees, agents and/or employees against all claims for damage
due to the acts and/or omissions of the Licensee, its employees, officers, contractors and subcontractors,
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, property damage or
personal injury (including accidental death), that arise out of Licensee’s construction, operation,
maintenance or removal of the Cable System. Indemnified expenses shall include reasonable attorneys'
fees and costs incurred from the time the Licensee receives written notice of its obligation to indemnify,
hold harmless and defend the Town for a specific claim 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, hold harmless and defend the Town after receipt of a claim for which
indemnification is sought. The Licensee is not required to indemnify the Town for attorney fees and
costs incurred prior to the above referenced written notice being provided to the Licensee. In the event
of a legal action, the Issuing Authority or its designee shall promptly forward a copy of the legal
complaint served upon the Town.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
45
ARTICLE 11
ADMINISTRATION AND REGULATION
SECTION 11.1 – REGULATORY AUTHORITY
The Issuing Authority and/or its designee(s) shall have authority for the day to day regulation of
the Cable System. The Issuing Authority and/or its designee(s) shall monitor and enforce the Licensee's
compliance with the terms and conditions of this Renewal License.
SECTION 11.2 – PERFORMANCE EVALUATION HEARINGS
The Licensee, if requested in writing by the Issuing Authority, shall attend a performance
evaluation hearing no more than once per year. Nothing in this Section 11.2 shall limit any rights that
the Issuing Authority may have to conduct additional hearings and/or the Licensee’s attendance at such
hearing. The Issuing Authority shall provide Licensee with the results of its performance evaluation in
writing within sixty (60) days after the conclusion of such hearing.
SECTION 11.3 – NONDISCRIMINATION
The Licensee shall not discriminate against any Person in its solicitation or Service on the basis
of race, color, creed, religion, ancestry, national origin, geographical location within the Town, sex,
sexual orientation, disability, age, marital status, or status with regard to public assistance. The Licensee
shall be subject to all other requirements of federal and State laws or regulations, relating to
nondiscrimination through the term of the Renewal License.
SECTION 11.4 – JURISDICTION/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 Massachusetts and the parties by the
instrument subject themselves to the personal jurisdiction of said court for the entry of any such
judgment and for the resolution of any dispute, action, or suit.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
46
ARTICLE 12
DETERMINATION OF BREACH - LICENSE REVOCATION
SECTION 12.1 – DETERMINATION OF BREACH/NOTICE AND OPPORTUNITY TO
CURE
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
Majeure, the Issuing Authority shall notify the Licensee in writing, by certified mail, of the provision or
provisions which the Issuing Authority believes may have been in default and the details relating thereto.
The Licensee shall have thirty (30) days from the receipt of such notice to:
(a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of
default and providing such information or documentation as may be necessary to support the Licensee's
position; or
(b) cure any such default (and provide written evidence of the same), or, in the event that by
nature of the default, such default cannot in the reasonable opinion of the Issuing Authority 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 thirty (30) 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: (i) the Licensee fails to respond to such notice of default; and/or (ii) the
Licensee fails 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, question witnesses, if any, and be heard at such public
hearing.
(d) Within forty-five (45) days after said public hearing, the Issuing Authority shall issue a
written determination of its findings. In the event that the Issuing Authority determines that the Licensee is
in such default, the Issuing Authority may determine to pursue any lawful remedy available to it, including,
but not limited to:
(i) seek specific performance of any provision in this Renewal License which
reasonably lends itself to such remedy as an alternative to damages;
(ii) commence an action at law for monetary damages
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
47
(iii) foreclose on all or any appropriate part of the security provided pursuant to
Section 10.2 herein;
(iv) declare the Renewal License to be revoked subject to Section 12.2 below and
applicable law; and
(vi) invoke any other lawful remedy available to the Town.
(e) In the event that the Issuing Authority fails to issue a written determination within forty-five
(45) days after the public hearing pursuant to Section 12.1(d) above, then the issue of said default against
Licensee by the Issuing Authority shall be considered null and void.
SECTION 12. 2 – REVOCATION OF THE RENEWAL LICENSE
To the extent permitted by applicable law and subject to the provisions of Section 12.1 above, in
the event that the Licensee fails to comply with any material provision of this Renewal License, the Issuing
Authority may revoke the Renewal License granted herein.
SECTION 12. 3 – 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 by-law shall preclude the availability of any other such remedy.
SECTION 12. 4 – 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 Town
or of the Licensee under applicable law, subject in each case to the terms and conditions in this Renewal
License.
(c) No waiver of, nor failure to exercise any right or remedy by the Issuing Authority, the Town
or the Licensee at any one time shall not affect the exercise of such right or remedy or any other right or
remedy by the Town or the Licensee at any other time. In order for any waiver of the Issuing Authority,
Town or the Licensee to be effective, it shall be in writing.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
48
(d) The failure of the Issuing Authority or the Town to take any action in the event of any breach
by the Licensee shall not be deemed or construed to constitute a waiver of or otherwise affect the right of
the Issuing Authority or the Town to take any action permitted by this Renewal License at any other time
in the event that such breach has not been cured, or with respect to any other breach by the Licensee.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
49
ARTICLE 13
REPORTS, AUDITS AND PERFORMANCE TESTS
SECTION 13.1 – GENERAL
(a) Upon the written request of the Issuing Authority, the Licensee shall timely submit to the
Town any information which may be reasonably required to establish the Licensee's compliance with its
obligations pursuant to the Renewal License.
(b) If the Licensee believes that the documentation requested by the Issuing Authority involves
proprietary information, then the Licensee shall submit the information to its counsel, who shall confer with
the Town Counsel for a determination of the validity of the Licensee's claim of a proprietary interest. If it
is agreed by the parties that such information is proprietary, then any obligation pursuant to Section 13.1(a)
is not applicable. In the event of a disagreement the Licensee shall have all rights available under applicable
law to challenge or appeal the determination of the Town to the appropriate appellate entities.
SECTION 13.2 – FINANCIAL REPORTS
(a) Upon written request by the Issuing Authority and in accordance with applicable law, after
the end of the Licensee's fiscal year, the Licensee shall furnish the Issuing Authority with the DTC Form
200 showing a balance sheet sworn to by the Licensee’s authorized financial representative. Said forms
shall contain such financial information as required by State and/or federal law.
(b) The Licensee shall also provide any other reports required by State and/or federal law that
are required to be provided to the Issuing Authority.
SECTION 13.3 – CABLE SYSTEM INFORMATION
Upon written request by the Issuing Authority, the Licensee shall file annually with the Issuing
Authority a report of the number of Basic Service Subscribers.
SECTION 13. 4 – SUBSCRIBER COMPLAINT REPORTS
In accordance with the regulations of the DTC, the Licensee shall submit a completed copy of
the DTC Form 500, a copy of which is attached hereto as Exhibit 13.5 , to the Issuing Authority or its
designee(s).
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
50
SECTION 13. 5 – QUALITY OF SERVICE
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), the Issuing Authority shall cite
specific facts which cast such doubt(s), in a written notice to the Licensee. The Licensee shall submit a
written report to the Issuing Authority, within thirty (30) days of receipt of any such notice from the
Issuing Authority, setting forth in detail its explanation of the problem(s).
SECTION 13. 6 – DUAL FILINGS
If requested, in writing, the Licensee and the Issuing Authority shall provide to one another copies
of any petitions or written communications with any State or federal agency or commission pertaining to
any material aspect of the Cable System operation hereunder and subject to Section 12.1 above.
SECTION 13. 7 – INVESTIGATION
Subject to applicable law and regulation, the Licensee and any Affiliated Person(s) shall
cooperate fully and faithfully with any lawful investigation, audit or inquiry conducted by a Town
governmental agency; provided, however, that any such investigation, audit or inquiry is for the purpose
of establishing the Licensee's compliance with its obligations pursuant to this Renewal License.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
51
ARTICLE 14
MISCELLANEOUS
SECTION 14.1 – SEVERABILITY
If any section, subsection, sentence, clause, phrase, or other portion of this Renewal License is,
for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent portion. Such declaration shall not affect the validity of the remaining portions hereof,
which other portions shall continue in full force and effect.
SECTION 14.2 – FORCE MAJEURE
If for any reason of force majeure either party is unable in whole or in part to carry out its
obligations hereunder, said party shall not be deemed in violation or default during the continuance of such
inability. Unless further limited elsewhere in this Renewal License, the term "force majeure" as used
herein shall have the following meaning: strikes; acts of god; acts of public enemies, orders of any kind of
the government of the United States of America or of the Commonwealth of Massachusetts or any of their
departments, agencies, political subdivisions, or officials, or any civil or military authority; insurrections;
riots, epidemics; public health emergencies, landslides; lightning; earthquakes; tornados; fires;
hurricanes; volcanic activity; storms; floods; washouts; droughts, arrests; civil disturbances; explosions;
partial or entire failure of utilities; unavailability of materials and/or essential equipment, environmental
restrictions or any other cause or event beyond the reasonable control of the Licensee or the Town.
SECTION 14.3 – ACTS OR OMISSIONS OF AFFILIATES
During the term of the Renewal License, the Licensee shall be liable for the acts or omissions
of its Affiliates while such Affiliates are involved directly or indirectly in the construction, installation,
maintenance, operation or removal of the Cable System as if the acts or omissions of such Affiliates
were the acts or omissions of the Licensee.
SECTION 14.4 – NOTICES
(a) Every notice to be served upon the Issuing Authority shall be delivered or sent by certified
mail or by (postage prepaid) or overnight courier service in the business thereof to the following address
or such other address as the Issuing Authority may specify in writing to Licensee.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
52
Town of Winthrop
Attn: Town Manager
One Metcalf Street
Winthrop, MA 0215 2
(b) Every notice served upon Licensee shall be delivered or sent by certified mail (postage prepaid)
or by overnight courier service in the business thereof to the following address or such other address as
Licensee may specify in writing to the Issuing Authority.
Comcast Cable Communications, Inc.
Attn: Government Relations
5 Omni Way
Chelmsford, MA 02540
with a copy to:
Comcast Cable Communications, Inc.
Attn: Vice President, Government Affairs
676 Island Pond Road
Manchester, NH 03109
(c) The parties may, at any time, agree to substitute electronic mail for certified mail and/or
overnight courier service for the service of any notice or notices, subject to memorializing any such
agreement by electronic mail.
SECTION 14.5 – RENEWAL LICENSE EXHIBITS
The Exhibits to the Renewal License attached hereto, and all portions thereof, are incorporated by
reference and expressly made a part of this Renewal License.
SECTION 14.6 – 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 without
written amendment.
SECTION 14.7 – CAPTIONS
The captions to sections throughout this Renewal License are intended solely to facilitate reading
and reference to the sections and provisions of the Renewal License. Such sections shall not affect the
meaning or interpretation of the Renewal License.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
53
SECTION 14.8 – WARRANTIES
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
Commonwealth of Massachusetts;
(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 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 date of execution of this Renewal License, to enter into and legally bind 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 Licensee in accordance with the provisions
herein; and
(d) There is no action or proceedings pending or threatened against Licensee which would
interfere with performance of this Renewal License.
SECTION 14.9- INCORPORATION BY REFERENCE
All presently and hereafter applicable conditions and requirements of federal, state and generally
applicable local laws, including but not limited to M.G.L. c. 166A, and the rules and regulations of the
FCC and the DTC, as they may be amended from time to time, are incorporated herein by reference, to
the extent not enumerated herein. However, no such general laws, rules, regulations and codes, as
amended, may alter the obligations, interpretation and performance of this Renewal License to the extent
that any provision of this Renewal License conflicts with or is inconsistent with such laws, rules or
regulations.
SECTION 14. 10 – NO RECOURSE AGAINST THE ISSUING AUTHORITY
Pursuant to Section 635A(a - d) of the Cable Act, the Licensee shall have no recourse against
the Issuing Authority, the Town and/or its officials, boards, commissions, committees, members, agents
or employees other than injunctive relief or declaratory relief.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
54
SECTION 14. 11 – TOWN'S RIGHT OF INTERVENTION
The Town hereby reserves to itself, and the Licensee acknowledges, the Town’s right, as
authorized by applicable law and/or regulation, to intervene in any suit, action or proceeding involving
this Renewal License, or any provision in this Renewal License; provided, however, that this Section
shall not restrict the right of the Licensee to oppose such intervention, pursuant to applicable law.
SECTION 14. 12 – TERM
All obligations of the Licensee and the Issuing Authority set forth in the Renewal License shall
commence upon the Effective Date of this Renewal License and shall continue for the term of the
Renewal License, except as expressly provided for otherwise herein.
SECTION 14. 13 – APPLICABILITY OF RENEWAL LICENSE
All of the provisions in this Renewal License shall apply to the Town, Licensee, and their
respective successors and assigns.
SECTION 14. 14 - NO THIRD PARTY BENEFICIARIES
Nothing in this Renewal License is intended to confer third-party beneficiary status on any member
of the public, entity or other non-signatory party, including the PEG Access Designee, to enforce the terms
of this Renewal License.
SIGNATURE PAGE FOLLOWS
Renewal Cable Tele11isio11 license Granted By 111e Town of ll'inlhrop. MA
Renewal Term: September I. 2024 - August 31, 2024
SIGNATURE PAGE
· ) ~)-
WITNESS OUR HANDS AND OFFICIAL SEAL, THIS ~ DAY OF AUGUST, 2024
TOWN OF WINTHROP, MA
By its:
Town Manager:
A ~ /7k:
Approved as to legal form:
~ _JO - -- // ~~-,
..asa: ..... ✓~-
55
William H. Solomon
Special Cable Counsel
COMCAST CABLE
COMMUNICATIONSMANAGEMENT, LLC
By:
Carolyne Hannan
Regional Senior Vice President
New England Region
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
56
EXHIBIT 3.6
DROPS TO PUBLIC BUILDINGS AND SCHOOLS
Town Hall Metcalf Square
Civil Defense 1 Hermon St.
Police Headquarters 3 Metcalf Sq.
Public Library 2 Metcalf Sq.
Dept of Public Works Building 100 Kennedy Drive
Senior Center 35 Harvard St.
Fire Headquarters 40 Pauline St
Fire Station 416 Shirley St.
Winthrop High School/Middle School 400 Main Street
Gorman/Fort Banks Elementary School 101 Kennedy St.
Arthur T. Cummings Elementary School 40 Hermon St.
Access Studio 165 Winthrop St.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
57
EXHIBIT 5.2
PROGRAMMING
Licensee shall provide the following broad categories of Video Programming:
• News Programming;
• Sports Programming;
• Public Affairs Programming;
• Children’s Programming;
• Entertainment Programming; and
• Local Programming.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
58
EXHIBIT 6.3
PEG ACCESS REMOTE ORIGINATION LOCATIONS
Access Studio (Hub) 165 Winthrop St.
Town Hall 1 Metcalf Sq.
Harvey Room at Town Hall 1 Metcalf Sq.
Civil Defense 1 Hermon St.
Police Headquarters 3 Metcalf Sq.
Public Library 2 Metcalf Sq.
Senior Center 35 Harvard St.
Winthrop Housing Authority Golden Drive
Winthrop High School/Middle School 400 Main St.
Fire Headquarters 40 Pauline St
Fire Station 416 Shirley St.
Middle School (Future Redevelopment Site) 141 Pauline St.
Gorman/Fort Banks Elementary School 101 Kennedy St.
Arthur T. Cummings Elementary School 40 Hermon St.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
59
EXHIBIT 9.3 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--
(i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to
its subscribers 24 hours a day, seven days a week.
(A) Trained company representatives will be available to respond to customer telephone inquiries during normal
business hours.
(B) After normal business hours, the access line may be answered by a service or an automated response system,
including an answering Machine. Inquiries received after normal business hours must be responded to by a trained
company representative on the next business day.
(ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time,
shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall
not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal
operating conditions, measured on a quarterly basis.
(iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the
telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
(iv) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time.
(v) Customer service center and bill payment locations will be open at least during normal business hours and will be
conveniently located.
(2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards
will be met no less than ninety-five (95) percent of the time measured on a quarterly basis:
(i) Standard installations will be performed within seven (7) business days after an order has been placed. “Standard''
installations are those that are located up to 125 feet from the existing distribution system.
(ii) 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.
(iii) 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.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
60
(v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep
the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a
time that is convenient for the customer.
(3) Communications between cable operators and cable subscribers--
(i) Notifications to subscribers--
(A) The cable operator shall provide written information on each of the following areas at the time of installation of
service, at least annually to all subscribers, and at any time upon request:
(1) Products and services offered;
(2) Prices and options for programming services and conditions of subscription to programming and other services;
(3) Installation and service maintenance policies;
(4) Instructions on how to use the cable service;
(5) Channel positions programming carried on the system; and,
(6) Billing and complaint procedures, including the address and telephone number of the local franchise authority's
cable office.
(B) Customers will be notified of any changes in rates, programming services or 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)(i)(A) of this Section.
Notwithstanding any other provision of Part 76, a cable operator shall not be required to provide prior notice of any rate
change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind
imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the
subscriber.
(ii) Billing--
(A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not
limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during
the billing period, including optional charges, rebates and credits.
(B) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30
days.
(iii) Refunds--Refund checks will be issued promptly, but no later than either--
(A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or
(B) The return of the equipment supplied by the cable operator if service is terminated.
(iv) Credits--Credits for service will be issued no later than the customer's next billing cycle following the determination
that a credit is warranted.
(4) Definitions--
(i) Normal business hours--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.
(ii) 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,
but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or
unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but
are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods,
and maintenance or upgrade of the cable system.
(iii) Service interruption--The term “service interruption'' means the loss of picture or sound on one or more cable
channels.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
61
EXHIBIT 9.4
BILLING AND TERMINATION OF SERVICE
207 CMR 10.00
10.01: Billing Practices Notice
(1) Every cable television operator shall give written notice of its billing practices to potential subscribers before a
subscription agreement is reached. Such notice shall include practices relating to the frequency and timing of bills,
payment requirements necessary to avoid account delinquency, billing dispute resolution procedures and late
payment penalties.
(2) A copy of the cable television operator's billing practices notice, work order and sample subscriber bill shall be
filed by March 15th of each year with the Commission, the issuing authority, and the company's local office, where
they shall be available for public inspection. If an operator amends its billing practices notice, work order or
subscriber bill after submitting the annual filing, it shall file copies of the amendments with the Commission, the
issuing authority and the company's local office.
(3) At least 30 days prior to implementing a change of one of its billing practices, the cable television operator shall
notify in writing the Commission, the issuing authority and all affected subscribers of the change and include a
description of the changed practice.
(4) Statements about billing practices in work orders, marketing, materials and other documents shall be consistent
with the billing practices notice.
10.02: 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 programming services provided.
(3) Every cable television operator shall fully disclose in writing all of its programming services and rates, upon request
from a subscriber.
(4) Every cable television operator shall fully disclose in writing all of its charges for installation, disconnection,
downgrades and upgrades, reconnection, additional outlets, and rental, purchase and/or replacement due to damage
or theft of equipment or devices used in relation to cable services, upon request from a subscriber.
(5) Every cable television operator shall provide written notice of the charge, if any, for service visits and under what
circumstances such charge will be imposed, upon request from a subscriber.
(6) A copy of the cable operator's programming services, rates and charges shall be filed by March 15th of each year
with the Commission, the issuing authority and the company's local office where it shall be made available for
public inspection. If an operator amends its notice after the annual filing, it shall file a copy of the amendment with
the Commission, the issuing authority and the company's local office.
(7) A cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively
requested by name. This provision, however, shall not preclude the addition or deletion of a specific program from
a service offering, the addition or deletion of specific channels from an existing tier of service, or the restructuring
or division of existing tiers of service that do not result in a fundamental change in the nature of an existing service
or tier of service.
10.03: 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;
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
62
(f) The date on which payment is due from the subscriber.
(2) Cable operators may identify as a separate line item of each regular subscriber bill the following:
(a) The amount of the total bill assessed as a franchise fee and the identity of the franchising authority to whom the fee
is paid;
(b) The amount of the total bill assessed to satisfy any requirements imposed on the cable operator by the franchise
agreement to support public, educational, or governmental channels or the use of such channels;
(c) The amount of any other fee, tax, assessment, or charge of any kind imposed by any governmental authority on the
transaction between the operator and the subscriber. In order for a governmental fee or assessment to be separately
identified under 207 CMR 10.03, it must be directly imposed by a governmental body on a transaction between a
subscriber and an operator.
(3) All itemized costs shall be direct and verifiable. Each cable operator shall maintain a document in its public file
which shall be available upon request, that provides the accounting justification for all itemized costs appearing on
the bill.
10.04: Advance Billing and Issuance of Bill
(1) In the absence of a license provision further limiting the period of advance billing, a cable operator may, under
uniform nondiscriminatory terms and conditions, require payment not more than two months prior to the last day
of a service period.
(2) A cable subscriber may voluntarily offer and a cable operator may accept advance payments for periods greater
than two months.
(3) Upon request, a cable television operator shall provide subscribers with a written statement of account for each
billing period and a final bill at the time of disconnection.
10.05: Billing Due Dates, Delinquency, Late Charges and Termination of Service
(1) Subscriber payment is due on the due date marked on the bill, which shall be a date certain and in no case a statement
that the bill is due upon receipt. The due date shall not be less than five business days following the mailing date of
the bill.
(2) A subscriber account shall not be considered delinquent unless payment has not been 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 unless a subscriber is delinquent, the
operator has given the subscriber a written late charge notice in a clear and conspicuous manner, and the subscriber
has been given at least eight business days from the date of delinquency to pay the balance due.
(b) A charge of not more than 5 percent of the balance due may be imposed as a one-time late charge.
(c) No late charge may be assessed on the amount of a bill in dispute.
(4) A cable television operator shall not terminate a subscriber's service unless the subscriber is delinquent, the cable
operator has given the subscriber a separate written notice of termination in a clear and conspicuous manner, and
the subscriber has been given at least eight business days from the mailing of the notice of termination to pay the
balance due. A notice of termination shall not be mailed to subscribers until after the date of delinquency.
(5) A cable television operator shall not assess a late charge on a bill or discontinue a subscriber's cable television
service solely because of the nonpayment of the disputed portion of a bill during the period established by 207
CMR 10.07 for registration of a complaint with the operator or during the process of a dispute resolution mechanism
recognized under 207 CMR 10.07.
(6) Any charge for returned checks shall be reasonably related to the costs incurred by the cable company in processing
such checks.
10.06: Charges 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 programming services relative to the service (s) in question.
(2) If a subscriber requests disconnection from cable television service prior to the effective date of an increase in rates,
the subscriber shall not be charged the increased rate if the cable television operator fails to disconnect service prior
to the effective date. Any subscriber who has paid in advance for the next billing period and who requests
disconnection from service shall receive a prorated refund of any amounts paid in advance.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
63
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 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
(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.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
64
EXHIBIT 13.5
FORM 500
Please see attached.
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
65
Renewal Cable Television License Granted By The Town of Winthrop, MA
Renewal Term: September 1, 2024 –August 31, 2034
66