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AN ORDINANCE GRANTING A FRANCHISE TO [NAME OF



BAY CITY ORDINANCE # 606

AN ORDINANCE GRANTING A CABLE FRANCHISE TO FALCON TELECABLE, A
CALIFORNIA LIMITED PARTNERSHIP, DBA CHARTER COMMUNICATIONS, SETTING
RULES FOR USE OF PUBLIC STREETS FOR FRANCHISE PURPOSES AND SETTING
STANDARDS FOR THE OPERATION OF A CABLE TELEVISION COMMUNICATIONS
SYSTEM WITHIN THE CITY AND REPEALING BAY CITY ORDINANCE #462


The City of Bay City Ordains as follows:

SECTION 1
Definition of Terms

1.1 Definitions. For the purpose of this Franchise the following terms, phrases,
words and their derivations shall have the meaning ascribed to them in the Cable
Communications Policy Act of 1984, as amended from time to time (the Cable Act),
unless otherwise defined herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word shall is mandatory
and may is permissive. Words not defined shall be given their common and ordinary
meaning.


A.
Basic Cable shall mean the lowest priced tier of Cable Service that includes
the delivery of broadcast signals and any public, educational and governmental access
channels.

B. City shall mean the City of Bay City.

C.
Council shall mean the City Council, the governing body of the City of Bay
City.


D.
Cable Act shall mean the Cable Communication Policy Act of 1984, as
amended, 47 U.S.C. §§ 521, et. seq.

E. Cable Services shall mean (1) the one-way transmission to Subscribers of
(a) video programming, or (b) other programming services, and (2) Subscriber interaction, if
any, which is required for the selection or use of such video programming or other
programming service.


F.
Cable System shall mean the Grantees facility, consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that
is designed to provide Cable Service which includes video programming and which is
provided to multiple Subscribers within the Service Area.














Page 1: BAY CITY ORDINANCE # 606
G. FCC shall mean the Federal Communications Commission and any
successor governmental entity thereto.


H.
Franchise shall mean the non-exclusive rights granted pursuant to this
Franchise to construct and operate a Cable System along the public ways within all or a
specified area in the Service Area.

I.
Grantee shall mean Falcon Telecable, a California Limited Partnership d/b/a
Charter Communications or its lawful successor, transferee or assignee.


J.
Gross Revenue means any revenue received by the Grantee from the
operation of the Cable System to provide Cable Services in the Service Area, provided,
however, that such phrase shall not include: (1) any taxes, fee or assessment of general
applicability collected by the Grantee from Subscribers for pass-through to a government
agency, including the FCC User Fee; (2) unrecovered bad debt; and (3) any PEG or I Net
amounts recovered from Subscribers which are attributable to PEG or I Net services
offered in the City pursuant to subsection 13.4 of this Franchise.


K.
Installation shall mean the connection of the Cable System from feeder
cable to Subscribers terminals.


L.
PEG channels means the public channels, educational channels, and
government channels.

M. Person shall mean an individual, partnership, association, organization,
corporation or any lawful successor, transferee or assignee of said individual, partnership,
association, organization or corporation.

N.
Public School shall mean any school at any educational level operated
within the Service Area by any public, private or parochial school system, but limited to,
elementary, junior high school, and high school.

O. Reasonable notice shall be written notice addressed to the Grantee or to the
City pursuant to Sec. 15.4 of this Franchise.

P.
Service Area shall mean the geographic boundaries of the City, and shall
include any additions thereto by annexation or other legal means.

Q. Service Interruption shall have the meaning described in the Customer
Service Standards set forth in Exhibit B attached hereto and hereby made a part of this
Franchise.

R.
State shall mean the State of Oregon.












Page 2: BAY CITY ORDINANCE # 606 S.
Street shall include each of the following which have been dedicated to the
public or hereafter dedicated to the public and maintained under public authority or

by others and located within the Service Area: streets, roadways, highways, bridges, land
paths, boulevards, avenues, lanes, alleys, sidewalks, circles, drives, easements,
rights-of-way and similar public ways and extensions and additions thereto, including but
not limited to public utility easements, dedicated utility strips, or rights-of-way dedicated for
compatible uses now or hereafter held by the City in the Service Area, which shall entitle
the Grantee to the use thereof for the purpose of installing, operating, repairing and
maintaining the Cable System.

T.
Subscriber shall mean any person lawfully receiving Cable Service from the
Grantee.

SECTION 2
Grant of Franchise

2.1 Grant. The City by this Franchise hereby grants to the Grantee a
nonexclusive franchise which authorizes the Grantee to erect, construct, operate and
maintain in, upon, along, across, above, over and under the Streets, now in existence and
as may be created or established during its terms; any poles, wires, cable, underground
conduits, manholes, and other conductors and fixtures necessary for the maintenance and
operation of a Cable System. Nothing in this Franchise shall be construed to prohibit the
Grantee from offering any service over its Cable System that is not prohibited by federal,
State or local law.

2.2 Term. The Franchise and the rights, privileges and authority hereby granted
shall be for an initial term of ten (10) years, commencing on the Effective Date of this
Franchise as set forth in subsection 15.10, unless otherwise lawfully terminated in
accordance with the terms of this Franchise. Within thirty (30) days after the date of final
approval of this Franchise by the Grantee, the Grantee shall file with the City its acceptance
of the Franchise.


2.3
Franchise Requirements For Other Franchise Holders. In the event that the
City grants one (1) or more franchise(s) or similar authorizations, for the construction,
operation and maintenance of any communication facility which shall offer services
substantially equivalent to services offered by the Cable System it shall not make the grant
on more favorable or less burdensome terms. If said other franchise(s) contain provisions
imposing lesser obligations on the company(s) thereof than are imposed by the provisions
of this Franchise, Grantee may petition the City for a modification of this Franchise. The
Grantee shall be entitled, with respect to said


lesser obligations to such modification(s) of this Franchise as to insure fair and equal
treatment by this Franchise and said other agreements.

Page 3: BAY CITY ORDINANCE # 606 2.4 City Control over Streets Not Limited. Grantee acknowledges that the
franchise granted by this Franchise does not establish any priority for use of the

Streets by Grantee or by any present or future recipients of franchises or permits. In the
event of any dispute as to the priority of use of the Streets, the first priority shall be to the
public generally, the second priority to the City, the third priority to the State and its political
subdivisions in the performance of their official functions, and thereafter as between the
various applicable franchisees and permitees, as determined by the City in the exercise of
its powers, including the police power and other powers reserved to and conferred upon the
City by the State.


Grantee acknowledges that by this Franchise, Grantee obtains no rights to or further
use of the Streets other than those expressly granted herein. Grantee acknowledges and
accepts as its own risk that the City may make legal use in the future of the Streets in which
the Cable System is located in ways which are inconsistent with Grantees use of such
Streets, and in that event Grantee shall not be entitled to compensation from the City,
except as may be otherwise provided under Federal, State or local law.


2.5 Police Powers and Conflicts with Franchise. In accepting this Franchise, the
Grantee acknowledges that its rights hereunder are subject to the police power of the City
to adopt and enforce general franchises necessary to the safety and welfare of the public;
and it agrees to comply with all applicable general laws and franchises enacted by the City
pursuant to such power. Subject to its lawful police powers, the City may not, by franchise
or otherwise, alter any of the Grantees