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2013-06-24 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACI-11.1SETTS 018,45 William 1', Gordon, Chairman ;�% %�/�Gr 'i•. Rosemary Connelly Smedilc TEL. (978)688-.95'10 Donald B. Stewart FAX(978)688-9556 Richard M.Varillancourt: Tracy M. Watson BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY,JUNE 24,2013 AT 6:30 PM TOWN HALL MEETING ROOM I. CALL TO ORDER 11. EXECUTIVE SESSION A. Negotiations with Non-Union Personnel. B. Negotiations with Union .Personnel III, PLEDGE OF ALLEGIANCE IV. APPROVAL,OF MINUTES A. June 10,2013 Open Session Minutes as written B. June 10, 2013 Executive Session Minutes as written V. COMMUNICATIONS AND ANNOUNCEMENTS A. Swearing In Ceremony-Firefighters Andres Mencia and Jeff Deschenes B. Recognition of Stevens Estate at the Merrimack Valley Chamber of Coninaerce `small Business Recognition Day' C. Fancily Movies under the Tent at the Stevens Estate,Mondays from July 8`r'-August 1.9"'at 7:00 p.m. Vi. CONSENT ITEMS A. Ratification of Collective Bargaining Agreement between the Town and AFSCME Local 2978 (Clerical Group)for the period July 1,2013 —June 30,2016. B. Ratification of Collective Bargaining Agreement between the Town and AFSCME Local 297 (Professional Librarians)for the period July 1,2013—June 30,2016 C. Municipal Purpose Loan of 2013 Bonds—Unibank. D. Comcast Renewal License E. Request from Andria Iluskinson on behalf of the"Electric Run"to Play Music until 12:00 midnight on September 21,2013 F. Request from St. Michael Parish for use of Town Common for Church picnic on September 8,2013 G. Rescind from Surplus Equipment-Fire department Utility Trailer IL Fire Chief Contract Extension I. Board of Selectmen Appointments to Various Boards and Commissions J. Affordable Unit Resale— 180 Chickering Road, Unit 2090('Kittredge Crossing) K. Remote Participation for Town Boards and Committees L. Acceptance of Donation($4,000)fi•om Cafua Management to the Police Depailment to purchase Police Bicycles VII, LICENSING COMMISSIONERS A. Michael Srnolak of Smolak Farms requests seven(7)one-day Wine& Malt Licenses for the Whim Dinner Series from 6:00 p.m. l 0;00 p.m, on the following dates: June 26,July 10,July 17,July 24, July 31,August 7, and August 14,2013 B. Michael Srnolalc of Snrolalc Farms requests ten(10)one-day Wine& Malt Licenses for Weddings fi•orn 4:00 p.m.—10:00 p.m. on the following dates: June 29,July 6,July 13,July 20,July 27,August 3, August 1.0,August 16,August 24,and October 19,2013. VIII. OLD BUSINESS IX. NEW BUSINESS A. Safe Routes to School hift-astructure Program—Preliminary Assessment B. Draft Mobile Food Vendor Rules and Regulations X. PUBLIC COMMENT X1. TOWN MANAGER'S REPORT A. Town Manager Board Appointments B. Trash Tonnage Year-to-date x11. BOARD REORGANIZATION A. Nomination and Vote for Officers XIII. NEXT MEETING DATE A. July 15,2013 XIV, ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES JUNE 10,, 2013 CALL TO ORDER: Chairman William Gordon called the meeting to order at 7:00 PM at Town Hall Meeting Room, ATTENDANCE. The following were present: William F, Gordon Chairman; Richard VaiIhncourt, Clerk; Rosemary Smedile, Licensing Chairman; Donald Stewart, Tracy M. Watson, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. EXECUTIVE SESSION Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to enter into Executive Session for the purpose of strategy session for negotiations, collective bargaining sessions declaring that an open meeting may have a detrimental effect on the Boards position. Roll Call Vote: Donald Stewart yes, Rosemary Connelly Smedile yes, Tracy Watson yes, Richard Vaillancourt yes, and William Gordon, yes, Vote approved 5-0. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of May 6, 2013, May 13, 2013 and May 21, 2013, as written. Vote approved 5-0. COMMUNICATIONS, ANNOUNCEMENTS,AND PUBLIC COMMENT: Certificate of Achievement for Excellence in Financial ReDorting — Lyne ,Savage Lyne Savage, Budget Director/Town Accountant was recognized with an award and plaque by the Government Finance Officers Association. The Town of North Andover was awarded for a comprehensive annual financial report for the fiscal year ending June 30, 2012, and qualified for a Certificate of Achievement for Excellence in Financial Reporting, The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by the municipality and its management. Certificate in Local Government Leadership & Management Daniel Crevier, E,J. Foulds and Susan Sawyer successfully completed a Certificate in Local Government Leadership &,Management from the Suffolk University Center for Public Management. This was a graduate level academic program consisting of 150 hours of classes that provide, participants with a solid grounding in public management. Certificate of Accomplishment John Busanovich, Samuel King, Cameron MacDonald, and Lawton Powell were recognized for achieving the high rank of Eagle Scout as members of North Andover Boy Scouts, Announcement A robo call went out to all residents that Stevens Pond will open on June 24, 2013 and summer passes can be purchased at the Youth Center, CONSENT ITEMS: Acceptance of Donation from the Friends of the Stevens memorial Library to sponsor Family Movie hLg i ht Series at the Stevens Estate The Friends of the Stevens Memorial Library are sponsoring a series of Family Movie Night events as part of the Library Summer Reading Program, The Friends' sponsorship includes the purchase of the ouitdoor movie screen, the rental of the appropriately license movies, the purchase of the public performance rights and site licenses, and the refreshments offered at the movie events. These family movies will be shown on Monday nights, from July 8'"through August 1 qffi, under the tent on the grounds, of the Stevens Estate. Board of Selectmen Minutes June 10, 2013 2 Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen accepts the donation from The Friends of the Stevens Memorial Library to sponsor Farnily Movie Night Series at the Stevens Estate as part of the Library Summer Reading Prograrn, Vote approved 5-0. Acce tance of Donation ($5,,000) from Lowell Five Cents Savings Bank to sponsor,4th of Jul y Fireworks The Lowell Five Cent Savings Bank has made a $5,000 donation to sponsor the 4th of July fireworks display. This year's event is scheduled for the evening of Wednesday, July P on the grounds of the North Andover Middle School, Richard Vaiillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen accept the donation from The Lowell Five Cent Savings Bank in the amount of$5,000 to sponsor the 4°t' of July fireworks display. Vote approved 5-0. Acceptance of Donation ($10,000) from Wheelabrator— North Andover to sponsor the Trauma Intervention Program (TIP) Scott Emerson of Wheela�brator— North Andover has pledged a donation of$10,000 to sponsor the Trauma Intervention Program (TIP). TIP works hand-in-hand with the police and fire departments to provide on-scene victim assistance to Town residents. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen accepts the donation from Wheelabrator— North Andover in the amount of$10,000 to sponsor the Trauma Intervention Program. Vote approved 5-0. Borderline Running.Cj�Lb requests permission to hold 4 th of July Road Race and use the Town Common Chris Marshall of the Borderline Running Club is requesting permission to hold a 4"'of July Road Race in the Old Center area and for use of the Town Common, The race will include a KOs Fun Run, a 5K, and a 10K. All relevant Town Departments recommend approval, Donald Stewart made a MOTION(, seconded by Rosemary Sm,edile, that the Board of Selectmen approve the request of the Borderline Running Club to hold', a 4th of July Road Race. Vote approved 5-0. The Veterans Northeast Outreach Center, Inc. requests the use of HOME funds The Veterans Northeast Outreach Center, Inc. is requesting HOME funds in the amount of$35,000 from this year's funding and $30,000 from next year's funding to be utilli!zed for the acquisition and rehabilitation of the building at 138 High Street to provide affordable housing for North Andover veterans and their families. As the Annual Town Meeting funded the full acquisition price, the request will be to use the funds only for rehabilitation of the building. Board approval can only be given for use of this year's funds. Town Counsel is working on the related docurnents and will provide there by the Board's next meeting on June 24, 2013 with a closing on June 26, 2011 Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the request of The Veterans Northeast Outreach Center, Inc. for HOME funds in the amount of $35,000 to be utilized for the rehabilitation of the building at 138 High Street to provide affordable housing for North Andover veterans and their families. The Chairman declared that the Vote was approved 4-0-1 recusal. Signing of Election Warrant The Board was asked to sign the Election Warrant for the Special Election scheduled for Tuesday, June 25, 2013 for the US. Senate position, Tracy Watson made a MOTION, seconded by Donald Stewart, to accept and sign the Election Warrant as presented by the Town Clerk. Vote approved 5-0. Board of Selectmen Minutes June 10, 2013 3 Signing of Documents for recording Red Gate Lane The Board was asked to accept and sign the documents for the recording the acceptance of Red Gale (Lane as a Public Way as approved by the recent Annual)Town Meeting vote, Donald Stewart made a MOTION, seconded by Rosemary Smedile, to accept and sign the documents for the recording the acceptance of Red Gale Larne as a Public Way as approved by the recent Annual Town Meeting vote. Vote approved! 5-0. Signing of[Documents for recording Orchard Village (Pump Station The Board was asked to accept and sign the documents for the recording the conveyance to the Town of the Orchard Village Pump Station as approved by the recent Annual Town Meeting vote. Tracy Watson made a MOTION, seconded by Dona;id Stewart, to accept and sign the documents for the recording the conveyance to the Town of the Orchard Village Pump Station as approved by the recent Annual Town Meeting vote. Vote approved 5-0. Information Technology Asset Disposal Per the Town Policy regarding surplus material and equipment, Matt Killen, Information Technology Director recommended disposing of obsolete equipment. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen approves the request of the Information Technology Director to dispose of the IT assets per his memo to the Town Manager dated May 31, 2013. Vote approved 5-0. Sara Schwindt of North Parish reauests the use of the Town Common for a Youth Group Picnic on June 16 2013 from 6:30—8:30 PM Sara Schwindt of North Parish Church is requesting to use the Town Common for the North Parish Youth Group picnic on June 16, 2013 from 6:30 p.m. to 8:30 p,m. All relevant Town Departments recommend' approval. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves the request of Sara Schwindt of the North Parish Church to use the Town Common for a Youth Group picnic on June 16, 2013 from 6:30 p,m, to 8:30, p.m. Vote approved -0. Remote Participation at School Committee Meetings At their meeting of April 2.5 , the School Committee approved a policy for'Remote Participation at School Committee Meetings' In accordance with MIGL c30A and CM'R 29, remote participation is subject to the approval of the Board of Selectmen, Andrew McDevitt and Laurie Burzlaff requested that the Board of Selectmen review the proposed policy for Remote Participation and adopt it„ Donald Stewart made a MOTION to accept the School Board Proposed Policy for Remote Participation at meetings. The MOTION failed for lack of a second, For purpose of discussion, [Donald Stewart made a MOTION, seconded by Richard Vaillancourt to accept the School Board Proposed Policy for Remote Participation at meeting, The Board' and the Town Manager had many questions during the discussion relating to how this would affect all Town Boards and Committees. The Board was not in agreement to adopt the proposed policy as written and suggested that the Town Manager make some modifications to the policy using the School Committee's framework and bring it back to the Board at their next meeting for a vote. Donald Stewart withdrew his MOTION, Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Town Manager Andrew Mayior makes adjustments to the Remote Participation [Document, and then submit it to the Board of Selectmen for review, comments and a vote. Vote approved 5-0, Board of Selectmen Minutes ,June 10, 2013 4 Festival Committee requests the use of the Town Common for 41h of July Festivities on July 3 & 4, 2013 The Festival Committee requested the use of Town Common and temporary road closure on Massachusetts Avenue as needed', to thru traffic from Osgood St. to Academy Rd for the Annual 4""'of July town celebration. A two day event is planned on Wednesday, July 3 and Thursday, Jiuly 4, 2013. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the request of the Festival committee to use the Town Common for Festivities on July 3`d & 4""', 2013 and'the requested temporary road closures. Vote approved 5-0. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. St Gregory Armenian Church requests a Cane-Day All Alcohol License for June 13, 2013 Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one day all alcohol license to St Gregory Armenian Church for June 13, 2013 and waive the applicable fee. Vote approved 5-0. Merrimack College requests two (2) One-Day Wine & Malt Licenses for June 24 & 25, 2013 Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant two one day wine & malt licenses for Merrimack College for June 24 &26, 2013. Vote approved 5-0. Phil Spltalere, VFW requests two (2) One-Day Wine & Malt Licenses for July 3rd and O, 2013 Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant two one day wine & malt licenses for Phil Spitalere, VFW for July 3" & 4", 2013. Vote approved 5-0. John Philbin, Boxford Firefighter's Relief Association, requests a One-Day All Alcohol License at Smolak Farms for Retirement. Party on June 22, 2013 from 5:00— 10:00 PM William Gordon made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as the Licensing Commissioners, hereby grant a one day all alcohol license to John Philbin, Boxford Firefighter's Relief Association, at Smolak Farms for Retirement Party on June 22, 2013, from 5:00 — 10:00 pm and waive the applicable fee. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. TOWN' MANAGER'S REPORT: Comments on Annual Town Meeting The Town Manager Andrew Maylor commented on how the Town Meeting was very positive and successful which will benefit the Town in fiscal year 2014 and the future. He thanked all those involved from the elected officials and voluntary boards to the many staff personnel who worked to make it all possible, Purchase of Town's Street Light The Town Manager Andrew Maylor briefed the Board as to the Economics of Acquiring the Town's street lights from National Grid. The cost to the Town that owns and maintains its own streetlights is from 20°rm to 40% cheaper per year than the utility owned and maintained cost. There are several steps to acquiring the streetlights. The purchase price would be approximately$100,500.00 with a payback of 1.0 years with a gross annual savings of approximately $52,000.00 a year and over a period of 20 years a savings of$1.4 million. More information will be provided as the process moves forward. Board of Selectman Minutes June 10, 2013 5 Update on Brad street Ut The Town Manager Andrew Maylor spoke with the developers and they are in the process of completing legal documents,for the Purchase and Sales,Agreement. An updated timeline will be provided and moving forward as proposed. Police DepairtmenLB"ort Police Chief Paul Gallagher provided an activity report for May 2013. Fire Department Report Fire Chief Andy Melnikas provided an activity report for May 2013 Position/Vacancy Log Human Resources Director provided an update report outlining the status of various recruitments that are ongoing or recently completed. ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:50 p.m. Vote approved 5-0. Adele J. Johnson Executive Assistant Richard Vaillancourt, Clerk of the Board Communications And Announcements TOWN OF NORTH ANDOVER Fire Department Fixe Pivvention Office lcnti�af Fis-e Headquar�ers 124 MAIN STREET NORI`H ANDOVER, MASSACHUSET"I'S 01845 Telepiiotie(9 78) 688-9593 I FAX (978) 688-9594 Androv Alelrdkas Fire chhql* LI Fretlerick AlcCarth"y Fire Prervenliwi (",'y aordiundoverx(,,un June 6, 2013 To: Andrew Maylor, Town Manager r. From: Andrew Melnikas, Fire Chief' Re: FF Mencia and FF Deschenes I ain respectfully requesting that the Fire Department be included on the agenda of the June 24, 2013 Selectmen's Meeting, The purpose is so that FF Andres Mencia and Fl"' Jeff Descbenes may receive their badges as they have successfully cornpleted their one year probationary period. Thank you for your attention to this matter. Chief Andy MeInikas Mem' emack Valley Chamber of Commerce Commends Stevens Estate at s oo tr. Culturalffourism Award MVCC"s Annual Small Business Recognition Awards Program , Friday,June 14,201 3 a f I Le: n , 'i, Summer theStevens ................ 111111q'��Ijjjj III III igliq Family Movies under the Tent at the Stevens, Estate is 723 Osgood Streieti North Street Andover July 8 to, Aug. 19 Refreshments pr : e . Bring your S M" . . :Movie Schedules are available in the library or visit the l,.brary's website. Free, all are welcome Visit the Library to sign-up or online t©, het your uinjine r art the Stevens Pass www.StevensMemLib.org b.or & click on the summer icon. Thanks to the Friends &the Trustees Stevens s Me orial II.Abrary of the Stevens vernorial Library 345 Main Street North Andover, NtA 01845 978-688-9505 ex t. 4201.6 Consent Items Memorandum of Agreement Town of North Andover and AFSCME Council 93, Local 2978 (Clerical Group) (Note: The following Memorandum of Agreement is an "Off-the-Record" document unless and until approved and ratified by both parties. In the event either side rejects or./ails to ratify the Agreement, both sides are free to return to their last "on-the-re cord"positions,,) The Town of North Andover and AFSCME Council 93, Local 2978 (Clerical Group) hereby agree to a new three-year contract to be in effect July 1, 2013 through June 30, 2016. Except as modified in this Memorandum,the terms and conditions of the former contract will be carried forward into the new contract. I. Article XI: Hours of Work and Overtime, Section I —delete the last paragraph in its entirety and replace with, "The regular workweek for full-time employees covered by this Agreement shall be 37.5 hours per week. The regular workday for full,-time employees shall be as established by the Town, excluding one-half hour unpaid lunch period for any workday in excess of five (5)hours," 2. Article XI: Hours of Work and Overtime, Section 6—delete section in its entirety and replace with "All overtime work must be authorized and approved in advance by the respective Department Head in order to be compensated." 3. Article XVIL Personal Leave—modify first sentence to read, "All employees after completion of their probationary period may, with the prior approval of the Department Head or Division Director, use up to fe�f (4) days thirty (30) hours (pro-rated far part-time employees) in each fiscal year for personal reasons." 4. Article XXIV: Health Insurance. Delete Article as it is in conflict with the Memorandum of Agreement between the Town of North Andover and the North Andover Public Employee Committee executed in accordance with M.G.L. c32B, §§21 through 23, as amended by Chapter 69 of the Acts of 2011. 5. Article XXV: Holidays, Section 2 —modify Paragraph 1)to read, ""Town Hall, Community Development, and the Public Works Building shall close one-ha 6(lvork day at 12.00,noo with no loss of pay for clerical and custodial employees regularly assigned to work in those Town Buildings. Employees working in other buildings including the Police Station, Fire Station, and Library who are not released at 12.:00 neen en DeeeH4)et-'�''th olle-hao'lVork day shall be entitled to receive four (4) eempen_4atffy the equivalent number of hours off without loss of pay in the same week." 6. Article XXV: Holidays, Section 4—add a now sentence at the end, "Regular,part-time employees of the Library whose assigned hours of work average fifteen (15)hours or more per week shall receive one day's pay at his regular rate on the number of hours regularly worked on the day on which the designated holiday occurs." 7. Article XXVII: Cleaning Allowance—add a new second sentence, "This cleaning allowance shall increase to $150 as of July 1, 2014 and to $175 as of July 1, 2015." 8. Article XXIX Compensation • July 1, 2013 — 1.7,5% • July 1,2014— 1.75% • July 1, 2015—2.00% • January 1,2016--0.50% 9. Article XXIX Compensation---effective July 1,2014, those individuals at the respective maxinium step for at least one full year shall receive a new step at 2,00% increase. These individuals shall not receive the 1..75% COLA for that year. This new step shall become new maximum step at each level. In recognition of the new wage step, over the three-year contract period, all S-7s and S-8s will participate: in a minimum of 24 hours of professional development training identified and funded by the Town. 10. Article XXXII: Miscellaneous—add a new Section 15 - Labor/Management Committee to read, "There shall be established a committee designed to meet when needed to recommend methods and tools which could improve productivity and expedite harmonious resolutions of problems of mutual concern, The committee shall be comprised of two persons chosen by the Union and two persons chosen by the Town Manager. The committee shall meet no more than once quarterly, unless otherwise necessary, and no more than for one (1)hour per meeting. The committee cannot overrule and/or supersede any provisions contained within the collective bargaining agreement." 11. Article XXXIV: Duration-- Modify first sentence to read"These Agreements shall be effective as of July 1,24W 2013 and shall continue in full force and effect until and including June 30,204-3 20.16, Modify third sentence to read, "On or after December 1,204-2 2015, either party shall notify the other of its intention to commence bargaining for a successor agreement . . ." 12. Appendix A: Classification—as of July 1,2013, the Public Works Custodian shall be upgraded to an S-6 per the provisions,contained in Article XXIX Compensation, Section 2: Pay Rates and Increments, Paragraph 4. Memorandum of Agreement—AITSCME Local 2978(Clerical)—July ],2413 through June 30,2016 Housekeeping--Mutually agree to correct grammatical and typographical errors, and delete obsolete language. The parties hereto execute this Memorandurn of Agreement subject to the terms and conditions stated above, and subject to ratification and funding as outlined by MGL c I 50E. AFSCME COUNCIL 93, LOCAL 2978 TOWN OF NORTH ANDOVER 1CLERICAL GROUP) Date: Date: .......... Memorandum of Agreement—AFSCME Local 29 78(Clerical)—July 1,2013 thiough June 30,2016 Memorandum of Agreement Town of North Andover and AFSCME Council 93, Local 2978, (professional Librarians Group) (Note: The,161lowing Memorandum ofAgreement is an "Qylthe-Record" document unless and until approved and ratified by both parties, In the event either side re je ct or jai s to rat if e s Agreement, both sides are free to return to their last "on-the-record"positions-) The Town of North Andover and AFSCME Council 93, Local 2978 (Professional Librarians Group) hereby agree to a new three-year contract to be in effect July 1, 2013 through June 30, 2016. Except as modified in this Memorandum, the terms and conditions of the former contract will be carried forward into the new contract. 1. Article XIV: Hours of Work and Overtime, Section I —modify the last sentence to read, 44 .in ease of emergam, the Library Director shall provide the union with at least two (2)week no ti cc . . ." 2. Article XIV: Hours of Work and Overtime, Section 5 --add new last sentence to read, "A rotating list will be utilized."' 3. Article XIV: Hours of Work and Overtime, Section 6—as of January 1, 2014,pall-time employees shift prernium, for Sundays will increase to $35. 4. Article VII: Sick Leave, Section 1. Update sick leave accrual chart Hours scheduled After first six months Subsequent per Annual accrual per week (accrued) month 12.0 14.4 hours 3.0 hours/month 36.0 hours/year 15.0 18.0 hours 3.75 hours/month 45.0 hours/ year 18.0 21,6 hours 4.5 hours /month 54.0 hours/year 25,0 30.0 hours 6.25 hours/month, 75.0 hours/year 37.5 45 hours 9.375 hours/month I 12.5hours/year 5. Article XVII: Sick Leave, Section 6. Update personal leave accrual chart Hours scheduled per week Hours equal to one (1) personal day 12 2.4 15 3.0 18 3.6 25 5,0 37.5 7.5 6. Article XXVII: Longevity, For clarification purposes, add a last sentence "An employee . will become eligible for longevity increments on the 5 th, I0d1, 15t11,20t1', and 25t1' aru-dver anniversary date of his/her employment," 7. Article XXVIII: Compensation 0 July 1, 2013 - 1,75% a July 1, 2014- 135% ■ July 1, 2015 -2,00% ■ January 1, 2016- 0.5% 8. Article XXVIII: Compensation-effective July 1, 2014, those individuals at the respective maximum step for at least one full year shall receive a new stop at 2,00% increase. These individuals shall not receive the 1.75% COLA for that year. This new step shall become new maximum step at each level, 9. Article XXVIII: Compensation. Amend language in Section 2: Increments, Paragraph C to read"A new full time employee denied an increment after six nionths continuous employment shall be considered again for such increment following completion of an additional six months continuous employment." 10. Article XXX: Miscellaneous. Amend language, in Section 8: Job Descriptions to read, "The Union Chapter Chair and the Library Director will meet to update the Professional Librariwis job descriptions to become effective January 1, 2014." Memorandum of Agreement-AFSCME Local 2 978(Professional Librarians)---July 1,2013 through June 30, 2016 11. Article XXXIV: Health Insurance, Delete Article as it is in conflict with the Memorandum of Agreement between the Town of North Andover and the North Andover Public Employee Committee executed in accordance with M.C.L. c3213, §§21 through 23, as amended by Chapter 69 of the Acts of 2011. 12. Article XXXVI: Duration-Modify first sentence to read "This Agreement shall be effective as of July 1,2-OW 2013 and shall continue in full force and effect until and including June 30, 204-3 20,16. On or after December 1, 241-2 2015, either party may notify the other of its intention to cominence bargaining for a successor agreement Housekeeping-Mutually agree to correct grammatical and typographical errors, and delete obsolete language. The parties,hereto execute this Memorandum of Agreement subject to the terms and conditions stated above, and subject to ratification and funding as outlined by MGL cl 50E.. AFSCME COUNCIL 93, LOCAL 2.978 TOWN OF NORTH ANDOVER (PROFESSIONAL LIBRARIANS GROUP) ............... U Date: Date; ............... Memorandum of Agreement—AFSCNIE Local 2978 (Professional [Abrarians)—July 1,201 3 through June 30,2016 VOTE OF °1 BOARD OF SELECTMEN 1, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts (the "Town"), certify that at a meeting of the board held June 24, 2013, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in illy custody: Voted: That in order to reduce interest costs, the Treasurer is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund the Town's (i) $6,899,000 General Obligation Municipal Put-pose Loan of 2003 Bonds,dated June 15, 2003 maturing on June 15 in the years 2014 through 2018 (inclusive), in the aggregate principal amount of$1,180,000; (ii) $7,500,000 General Obligation Bonds, Series B, dated July 1, 2005 maturing on August 15 in the years 2014 through 2024 (inclusive), in the aggregate principal amount of$2,570,000; and (iii) $3,000,000 General Obligation Bonds dated October 1, 2005 maturing on October I in the years 2014 through 2025 (inclusive), in the aggregate principal amount of$1,800,000 (collectively, the "Refunded Bonds") and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds and costs of issuance of the refunding bonds, Further Voted: that the sale of the $2,866:,199 General Obligation Municipal Purpose Loan of 2013 Bonds, Series A, of the Town dated June 27, 2013 (the "Series A Bonds"), to Roosevelt& Cross, Inc., at the price of$2,993,675.44 and accrued interest, if any, is hereby approved and confirmed. The Series A Bonds shall be payable on June I of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Amount Rate Year Amount Rate 2014 $511,199 3.00% 2019 $100,000 2,00% 2015 510,000 3.00 2020 100,000 2.00 2016 4190,000 100 2021 100,000 2.00 2017 480,000 3.00 2022 10(),000 2,00 2018 475,000 3.00 Further Voted: that the sale of the $4,210,000 General Obligation Refunding Bonds, Series B, of the Town dated July 9, 2013 (the"Series B Bonds,"' and collectively with the Series A Bonds, the "Bonds"), to Roosevelt & Cross, Inc,, at the price of $4,411,427.08 and accrued interest, if any, is hereby approved and confirmed. The Series B Bonds shall be payable on August IS of the years and in the principal amounts and bear interest at the respective rates, as follows: Interest Interest Year Arnount Rate Year Amount Rate 2014 $480,000 2.000% 2020 $355,000 3.00% 2015 475,0100, 2.010 2021 340,000 3.00 2016 370,0100, 2.010 2022 330,000 3.00 2017 365,000 3.00 2023 325,000 3.00 2018 360,000 100 2024 320,000 100 2019 355,000 100 2025 135,000 3.00 Further Voted: to approve the sale of a$359,500 0.55 percent General Obligation Bond Anticipation Note of the Town dated June 27, 2013, and payable June 27, 2014 (the 4'Note"), to Century Batik at par and accrued interest, if any. Further Voted: that in C011nection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 4,2013, and a final Official Statement dated June 13, 2013 (the "Official Statement"), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Series B Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking, shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time. Further Voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Notes. Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the "town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the 2 municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds and Notes were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. Dated: June 24, 2013 Clerk of the Board of Selectmen AM 2064065 1.1 3 TOWN OF NORTH ANDOVER,MASSACHUSETTS OFFICE OF Information Technology 120 MAIN STREET,01845 f 14OR ri q O ti,ED ;6v +bra 0 A,ra 01 SS�4C NUS Matthew Killen, Telephone(978)688-9546 Director mkillen @townofnorthandover.com Memorandum To: Board of Selectmen From: Matthew Killen Date: June 19, 2013 re: Comcast, Inc. cable television license renewal I am pleased to report that negotiations have been successfully concluded, and the Cable Television Advisory Committee has unanimously approved a renewal package for your consideration. This package includes: An amendment and associated side letter regarding the current license— These documents revise the current license (expiring February, 2014), allowing the Town to assume responsibility for transmission of cable television content from within our buildings to the NACAM studio via the municipal fiber optic network; and provide a$90,000 one-time payment to the town for this purpose. A renewal license and associated side letter— These documents provide Comcast a 10 year,non-exclusive renewal to operate cable television service within North Andover and maintain a significant discount for eligible Seniors (10%off basic cable charges). Additional highlights of the proposed license include: Potential to increase NACAM funding from 2.7 to 4%; $15,000 toward relocation of the NACAM studio; Additional Capital funding for the Town and NACAM(approximately 11%increase). I have also included the Division of Cable Television's Form 100 which provides detailed information on Comcast's operations in North Andover for your information and reference. I would be pleased to answer any questions you might have regarding these materials, and would like to thank Jane Lyman, Comcast Government and Regulatory Affairs;William August, Special Counsel to the Advisory Committee; as well as all the members of the NACAM Board, and Cable Advisory Committee whose professionalism and tireless efforts allowed this process to proceed quickly and efficiently. ENCLOSURES- 1. REPORT OF THE TOWN OF NORTH ANDOVER, MASSACHUSETTS ON THE REQUEST FOR AMENDMENT TO THE TOWN OF NORTH ANDOVER CABLE TELEVISION RENEWAL LICENSE (pages 3-7) 2. SIDE LETTER RE: ABOVE AMENDMENT(page 8) 3. CABLE TELEVISION RENEWAL LICENSE (pages 9-67) 4. SIDE LETTER RE: SENIOR DISCOUNT(page 68) 5. DEPARTMENT OF TELECOMMUNICATIONS AND CABLE FORM 100 (pages 69-122) REPORT OF THE TOWN OF NORTH ANDOVER, MASSACHUSETTS ON THE REQUEST FOR AMENDMENT TO THE TOWN OF NORTH ANDOVER CABLE TELEVISION RENEWAL LICENSE LICENSEE: Comcast of Massachusetts I, Inc. 330 Billerica Road Chelmsford, Massachusetts 01824 ISSUING AUTHORITY: The Board of Selectmen Town of North Andover 120 Main Street North Andover, Massachusetts 01845 DATE OF RENEWAL LICENSE EFFECTIVE DATE February 12, 2004 PROPOSED EFFECTIVE DATE OF RENEWAL LICENSE AMENDMENT Concurrent with the execution of 2014 Renewal License EXPLANATION OF RENEWAL LICENSE AMENDMENT: The text of Article 5, Section 5.3(a), (c) (d) and (g) of the Renewal License are amended in order to reflect the agreement of the Issuing Authority and the Licensee that, effective September 1, 2013, the Licensee shall no longer be required to maintain and/or make available to the Issuing Authority and/or its designee(s)its Institutional Network(I- Net)within the Town. DESCRIPTION OF PROPOSED AMENDMENT Section 5.3 (a),(c),(d) and (g) are being amended to reflect the fact that, effective September 1, 2013, and for the balance of the Renewal Term, the Licensee shall no longer be obligated to make available, operate and/or maintain its existing I-Net. 1 Text of amended Section 5.3 (a): The Renewal License is hereby amended by deleting Section 5.3 (a)in its entirety and inserting in place thereof the following new Section 5.3 (a) as follows: (a)Licensee shall maintain and operate the existing cable Institutional Network("I- Net")for video and audio purposes through August 31, 2013. The points of origination on the I-Net shall be limited to those sites listed in Schedule 5.3. The existing I-Net will continue to be able to transmit video and audio from and among those buildings listed in Schedule 5.3 attached hereto. Effective September 1, 2013, and for the balance of the term of this Renewal License, the Licensee shall have no further obligation to maintain, operate and/or provide said I-Net or any required I-Net drops in accordance with Section 5.3 of this Renewal License and the Town may no longer use the I-Net in any manner for the balance of the Renewal License term. The Renewal License is hereby further amended as follows: 1) By deleting the following language from Section 5.3 (c): "For the full term of the License the Licensee will maintain the I-Net for video and audio signals" 2) By deleting the following language from Section 5.3 (d): "Licensee shall continue to maintain I-Net drops and outlets to municipal and school buildings and classrooms wired for the same prior to the Effective Date." 3) By deleting the following language from Section 5.3 (g): "throughout the term of this Renewal License subject to the following conditions:" 4) All other terms and conditions of the License shall remain the same. PURPOSE FOR WHICH THE AMENDMENTS ARE MADE Section 5.3 (a),(c), (d) and (g) of the Renewal License are amended in order to relieve the Licensee of the obligation to maintain, operate and provide an Institutional Network effective September 1, 2013 and for the balance of the term of the Renewal License. DATE AMENDMENT RECEIVED BY THE ISSUING AUTHORITY AND THE LICENSEE April 24, 2013 2 PROBABLE EFFECTS ON CABLE TELEVISION SUBSCRIBERS AND OTHER CONCERNED PARTIES Subscribers and other concerned parties will benefit from the anticipated improvement in the picture quality of the local Public, Educational and Government Access Channels. 3 AMENDMENT NUMBER ONE TO THE NORTH ANDOVER CABLE TELEVISION LICENSE WHEREAS, on or about the Tow of North Andover, a municipal corporation with a principal place of business at North Andover Town Hall, 120 Main Street, North Andover, Massachusetts 01845 acting by and through its Board of Selectmen ("Town"), granted a Renewal Cable Television License ("License")to Comcast of Massachusetts I, Inc., a Delaware corporation with a principal place of business at 676 Island Pond Road, Manchester, NH. WHEREAS, the term of the License runs from February 12, 2004 through February 11, 2014; WHEREAS, the Town and the Licensee desire to change certain terms within Article 5 and of the License regarding the existing Institutional Network(I-Net); WHEREAS, the Town and the Licensee have complied with the procedural requirements for amending the License as set out in Code of Massachusetts Regulations title 207, Section 3.07; NOW THEREFORE, the parties agree to amend the License as follows: 1) By deleting the existing Section 5.3 (a)in its entirety, and substituting the following new Section 5.3(a): (a) Licensee shall maintain and operate the existing cable Institutional Network("I-Net') for video and audio purposes through August 31, 2013. The points of origination on the I-Net shall be limited to those sites listed in Schedule 5.3. The existing I-Net will continue to be able to transmit video and audio from and among those buildings listed in Schedule 5.3 attached hereto. Effective September 1, 2013, and for the balance of the term of this Renewal License, the Licensee shall have no further obligation to maintain, operate and/or provide said I-Net or any required I-Net drops in accordance with Section 5.3 of this Renewal License and the Town may no longer use the I-Net in any manner for the balance of the Renewal License term. 2)By deleting the following language from Section 5.3 (c): "For the full term of the License the Licensee will maintain the I-Net for video and audio signals" 3)By deleting the following language from Section 5.3 (d): "Licensee shall continue to maintain I-Net drops and outlets to municipal and school buildings and classrooms wired for the same prior to the Effective Date." 4)By deleting the following language from Section 5.3 (g): "throughout the term of this Renewal License subject to the following conditions:" 4 All other terms and conditions of the License shall remain the same. Nothing in this Amendment shall be construed in any manner whatsoever as a waiver, release or surrender of any right that the Issuing Authority and/or Licensee have under Section 626 and Section 635 of the Cable Act with respect to this Renewal License. The Issuing Authority expressly reserves all of its rights under applicable provisions of the Cable Act including Section 626. The Licensee expressly reserves all of its rights under applicable provisions of the Cable Act, including Section 626. IN WITNESS WHEREOF, this Amendment to the Cable television Renewal License is hereby issued by the Board of Selectmen of the Town of North Andover Massachusetts, as Issuing Authority and is hereby agreed to by Comcast of Massachusetts I, Inc., this day of , 2013. THE NORTH ANDOVER BOARD OF SELECTMEN AS ISSUING AUTHORITY: William F. Gordon, Chairman Tracy M. Watson, Selectman Donald B. Stewart, Selectman Rosemary Connelly Smedile, Selectman Richard M. Vaillancourt, Selectman COMCAST OF MASSACHUSETTS I,INC. By: Stephen Hackley Senior Vice President, Greater Boston Region 5 (�omcomn�uo��uvmmuow�on�/m. ast |2 Tozer Road Beverly,wmmmo 978,927.5700 Tel 978.927,6074 Fax www.00moast.wm June 24, 2013 The Board ofSelectmen Town of North Andover 12O Main Street North Andover, Massachusetts 01Q45 RE: Cable Television Renewal License Amendment Number One Town of North Andover Dear Members of the Board: This letter relates directly to Amendment Number One to the North Andover Cable Television License dated June 24` 2013, ("Amendment") which outlines specific changes 1othe February 12, 2004 North Andover Cable Television Renewal License. More specifically, said Amendment addresses the management and operation of the Corncast North Andover Institutional Network ("I-Net"), including the fact that effective September 1, 3013, Comncast will no longer have a requirement to maintain, operate or provide the Town with use of said |'Net. Further, effective September 1, 2013, the Town will assume responsibility for the transmission of any and all Public, Educational and Government (PEG) Access programming signals within the Town to the North Andover Community Access and Media (NACAK4) studio and the |-Net shaU be decommissioned for any and all previous|'Net uses asof September 1,3O13. In consideration of the transfer of responsibility for transmission of said PEG Access signals from Comncast to the Town, as well as related changes made pursuant to Amendment Number One to the North Andover Cable Television License, Comcast will, within forty five (45) days of the full execution of said Amendment, make a one-time payment to the Town of North Andover in the amount of Ninety Thousand Dollars ($9[lOOO). Sincerely, � � Jane K4. Lyman Sr. Manager of Government and Regulatory Affairs cc: Matthew Killen,Town nf North Andover William August, Esq,Special Counsel,Town of North Andover Robert H.Carr,Jr.,Comcast Director of Government and Regulatory Affairs CABLE TELEVISION RENEWAL LICENSE Comcast of Massachusetts I, Inc. forthe BOARD OF SELECTMEN Of the TOWN OF NORTH ANDOVER, MASSACHUSETTS Term: February 12, 2014— February 11, 2024 Cable Television Renewal Lkense Town of North Andover,mm Tenn &I12\24-0Z22.24 TABLE OF CONTENTS ARTICLE DEFINITIONS................................................................................................................................5 Section 1.1--DEHN|TlO@S................................................................................................................6 ARTICLE GRANT OF RENEWAL LICENSE...................................................................................................11 Section 2.1---GRANT OF RENEWAL LICENSE..................................................................................11 Section 2.2---TERM OF RENEWAL LICENSE ....................................................................................11 Section 23---NON-EXCLUSIVITY OF RENEWAL LICENSE.................................................................11 Section 2.4---POLICE AND REGULATORY POWERS.........................................................................12 Section2.5---REMOVAL..................................................................................................................12 Section 2.G---TRANSFER OF THE RENEWAL LICENSE......................................................................12 Section 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION.......................................................13 ARTICLE CABLE SYSTEM DESIGN..............................................................................................................15 Section 3.1---SUBSCRIBER NETWORK.............................................................................................15 Section 3.2---EMERGENCY ALERT OVERRIDE CAPACITY.—.----------------.--.—.15 Section 3.3---PARENTAL CONTROL CAPABILITY.............................................................................15 ARTICLE CABLE SYSTEM LOCATION, MAINTENANCE AND OPERATIONAL STANDARDS..........................1G Section 4L1---SERVICE AVAILABLE TO ALL RESIDENTS....................................................................16 Section NOF THE CABLE TELEVISION SYSTEM........................................................16 Section 4.3---UNDERGROUND FACILITIES......................................................................................16 Section 4.4---TREE TRIMMING .......................................................................................................17 Section 4.S---RESTORATION TO PRIOR CONDITION.......................................................................17 Section 4.6---TEMPORARY RELOCATION........................................................................................17 Section 4.7---DISCONNECTION AND RELOCATION.........................................................................17 Section 4.8---SAFETY STANDARDS.......................................................................................... .......17 Section4.9---PEDESTALS................................................................................................................17 Section 4.1O---PRIVATE PROPERTY.................................................................................................1B Section 4.11---R|GHTTO INSPECTION OF SYSTEM.........................................................................18 Section 4.13---CABLE SYSTEM MAPS..............................................................................................18 Section 4.13---SERVICE INTERRUPTION..........................................................................................18 Section 4.14---COMMERCIAL ESTABLISHMENTS............................................................................10 Section4.1S---DIG SAFE..................................................................................................................1Q ARTICLE SERVICES AND PROGRAMMING................................................................................................19 Section 5.1---BASIC SERVICE...........................................................................................................19 Section 5.2---PROGRAMMING........................................................................................................19 Section 5.3---LEASED CHANNELS FOR COMMERCIAL USE.............................................................19 Section 5,4---VCR/CABLE COMPATIBILITY................................ ....................................................19 Section 5.S---CONTINUITY[)F SERVICE...........................................................................................19 Section 5.6---FREE DROPS& MONTHLY SERVICE TO PUBLIC BUILDINGS AND PUBLIC SCHOOLS............................................................................................................................3O ARTICLE PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES AND SUPPORT..................21 Section G.1---PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS...........................................21 Section 6.2---PEG ACCESS CORPORATION......................................................................................Z1 Cable Television Renewal License Town of North Andover,MA Term:0I12.14-02.11Z4 Section 6.4---PEG ACCESS FUNDING ..............................................................................................23 Section 6.S---PEG ACCESS ECiU|PMENT/FAC|L|T|ESFUN0NG........................................................2] Section 6.6---EQUIPMENT OWNERSHIP.........................................................................................23 Section 67---ACCESS CORPORATION ANNUAL REPORT.................................................................23 Section 6.8---PEG ACCESS CHANNELS MAINTENANCE...................................................................23 Section 6.9---PEG ACCESS CA8LECA5T|NG .....................................................................................23 Section 6i1D---CENSORSHIP............................................................................................................24 ARTICLE 7 ANNUAL FUNDING TO THE TOWN ............................................................................................2G Section 7.1---LICENSE FEE PAYMENTS.------------------------.------2G Section 7.2---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS..................................................26 Section7.3---LATE PAYMENT.........................................................................................................26 Section 7.4--RECOK8PUT/(OON.....................................................................................................26 Section 7.5---AFFILIATES USE OF SYSTEM................................................................ .....................27 Section 7.6---METHOD OF PAYMENT.............................................................................................27 ARTICLE O RATES AND CHARGES................................................................................................................28 Section 8'1---RATE REGULATION....................................................................................................2O Section 8.2---NOTIFICATION OF RATES AND CHARGES..................................................................28 Section 8.3---PUBLICATION AND NON-U|SCR|M|NATION..............................................................28 Section 8.4---CREDIT FOR SERVICE INTERRUPTION........................................................................28 ARTICLE 9 INSURANCE AND BONDS...........................................................................................................29 SectionS\1---INSURANCE...............................................................................................................29 Section 9.2---PERFORMANCE BOND ..............................................................................................23 Section 9.3---REPORTING ...............................................................................................................3O Section 9.4---INDEMNIFICATION....................................................................................................3O Section 9.S---NOTICE[}F CANCELLATION OR REDUCTION OF COVERAGE.....................................3D ARTICLE 1O ADMINISTRATION AND REGULATION .....................................................................................31 Section 1D.l---REGULATORY AUTHORITY.--------.-----------------.---31 Section 1O.2---PERFORMANCE EVALUATION HEARINGS...............................................................31 Section 1O.3---NONDISCRIMINATION.............................................................................................31 Section 1U/4---EMERGENCY REMOVAL OF PLANT..........................................................................31 Section 1O.5---REMOVAL AND RELOCATION..................................................................................32 Section1O.6---JURISDICTION..........................................................................................................32 ARTICLE 11 DETERMINATION C)FBREA[H-LKQU|DATED DAMAGES LICENSE REVOCATION......................33 Section 11.1---DETERMINATION OF BREACH.................................................................................33 Section 11.2---REVOCATION OF THE RENEWAL LICENSE...............................................................33 Section1l.3---TERMINATION.........................................................................................................34 Section 11.4---NOTICE TQ TOWN OF LEGAL ACTION.....................................................................34 Section 11.5---NON-EXCLUSIVITY{]F REMEDY...............................................................................]4 Section 11.G---NO WAIVER-CUMULATIVE REMEDIES....................................................................34 ARTICLE 12 SUBSCRIBER RIGHTS AND CONSUMER PROTECTION..............................................................35 Section 12.1---TELEPHONE ACCESS................................................................................................35 Section 12.2---CUSTOMER SERVICE CALL CENTER.........................................................................35 Section 1Z.3--|NSl7\LLAJ|ON VISITS-SERVICE CALLS-RESPONSE TIME..........................................3S Section 12.4---FCC CUSTOMER SERVICE OBLIGATIONS.................................................................36 Section 12.5---BUSINESS PRACTICE STANDARDS...........................................................................36 Section 12.6--COK4 PLAINT RESOLUTION PROCEDURES................................................................3G Section 12.7---REMOTE CONTROL DEVICES...................................................................................37 Section 12.8---EMPLOYEE IDENTIFICATION CARDS.... ...................................................................37 3 Cable Television Renewal License Town of North Andover,AA nenn 02.12.14-02.11.24 Section 1%.9---PROTECTION OF SUBSCRIBER PRIVACY..................................................................87 Section 12.1O---PRIVACY WRITTEN NOTICE...................................................................................37 Section 12.11---MONITORING........................................................................................................38 Section 12.12---DISTRIBUTION OF SUBSCRIBER INFORMATION....................................................30 Section 12.13---INFORMATION WITH RESPECT TO VIEWING HABITS AND SUBSCRIPTION DECISIONS .........................................................................................................................3B Section 12.14---SUBSCRIBER'S RIGHT TO |NSPE{T'AND VERIFY INFORMATION ........................... 8 Section 12.15---PRIVACY STANDARDS REVIEW..............................................................................58 ARTICLE 13 REPORT6AUD[TSANDPERFORK8ANCE TESTS........................................................................39 Section 13.1---GENERAL.................................................................................................................39 Section 13.3---FINANCIAL REPORTS...............................................................................................38 Section 13.3---CABLE SYSTEM INFORMATION ...............................................................................39 Section 13/4---IN-HOUSE TELEPHONE REPORTS............................................................................39 Section 13.5---SUBSCRIBER COMPLAINT REPORT..........................................................................S9 Section 13.5---ANNUAL PERFORMANCE TESTS..............................................................................3g Section 13.7---QUALITY OF SERVICE...............................................................................................4O Section 13.8---DUAL FILINGS..........................................................................................................40 Section 13.9---ADDITIONAL INFORMATION...................................................................................4O Section l3.1O---INVESTIGATION.....................................................................................................4O ARTICLE 14 EMPLOYMENT...................................................... ...................................................................41 Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY....................................................................41 Section 14.2---NO0-DBCR|K8|NATION ...........................................................................................41 ARTICLE 1S MISCELLANEOUS PROVISIONS.................................................................................................42 Section 1S.1---ENTIRE AGREEMENT...............................................................................................42 Section16.2---CAPTIONS................................................................................................................4Z Section 15.3---SEPARABILITY..........................................................................................................42 Section 15.4---ACTS OR OMISSIONS OF AFFILIATES.......................................................................4l Section 15.5---RENEWAL LICENSE EXHIBITS................................................................................... 2 Section 15.6 ES--.-------------------.--.-----------..42 Section 15.7---FORCE K4/UEURE.....................................................................................................43 Section 15J]---REMOVAL OF ANTENNAS........................................................................................43 Section 15.9---SUBSCRIBER TELEVISION SETS................................................................................43 Section 1S.1O---APPLICABILITY OF RENEWAL LICENSE...................................................................43 Section 15.11---NOTICES................................................................................................................43 Section 1S.12---N(] RECOURSE AGAINST THE ISSUING AUTHORITY..............................................14 Section 16.18---TOWN'S RIGHT C)F INTERVENTION.......................................................................44 SectionlS.14---TERM.....................................................................................................................44 EXHIBITS.......................................................................................................................................................45 SIGNATUREPAGE ........................................................................................................................................58 4 Cable Television Renewal License Town of North Andover,MA Tenn82.2l24-0lIz.24 AGREEMENT This Cable Television Renewal License entered into by and between the Board of Selectmen of the Town of North Andover, Massachusetts, as Issuing Authority for the grant of the cable television license(s) pursuant to M.G.L.c. 166A,and Comcast of Massachusetts 1, Inc.("Comcast"or the"Licensee"). WkTNESSETH WHEREAS, Licensee filed a written request for a renewal of its license by letter dated March 24, 2011 in conformity with the Cable Communications Policy Act of 1984("Cable Act");and WHEREAS, the Issuing Authority of the Town of North Andover, Massachusetts, pursuant to M.G.L. c. 166A, is authorized to grant one or more nonexclusive cable television licenses to construct, operate and maintain m Cable Television System within the Town of North Andover;and WHEREAS, the Issuing Authority conducted a public ascertainment hearing, pursuant to Section 626 of the Cable Act on September 14, 2011 in order to (1) ascertain the future cable related community needs and interests of North Andover,and (2) review the performance of Comcast and its predecessors during its then-current license term;and WHEREAS, the Issuing Authority and Conncast engaged in good faith negotiations pursuant to Section 636(h) of the Cable Act and did agree thereto on terms and provisions for Conncast's continued operations and maintenance of its Cable Television System in the Town of North Andover. NOW THEREFORE, in consideration of the mutual covenants herein contained and intending to be legally bound,the parties agree asfollows: 5 Cable Television Renewal License Town of North Andover,MA Term:Ql22.14-02.1z.24 ARTICLE I 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 "umber and words inthe singular number include the plural number. The word shall is always mandatory and not merely directory. (1) Access: The right or ability of any North Andover resident and/or any Persons affiliated with a North Andover institution to use designated PEG facilities, equipment and/or channels of the Cable Television System, subject to the conditions and procedures lawfully established by the Issuing Authority or its Access Provider for such use. (2) Access Channel: A video channel which the Licensee owns and shall make available,without charge,for the purpose of transmitting non-commercial programming by members of the public, Town departments and agencies, public schools, educational, institutional and/or similar organizations, subject to the conditions and procedures as lawfully established by the Issuing Authority or its Access Provider for such use. (3)Access Corporation:The entity,designated by the Issuing Authority from time to time,for the purpose of operating and managing the use of public, educational and governmental access funding, equipment and channels on the Cable Television System and es subject to the terms and conditions herein. (4) Affiliate or Affiliated Person: When used in relation to any Person, means another Person who owns or controls,is owned or controlled by,oris under common ownership or control with,such Person. (5) Basic Service:Any service tier which includes the retransmission of local television broadcast signals. (6)CK4R:The Code of Massachusetts Regulations. (7) Cable Act: Public Law No. 98-549, 986taL 2779 (1984) (the Cable Communications Policy Act of 1984), as amended by Public Law No. 102-385, 106Stat' 1460 (1992) (the Cable Television Consumer Protection and Competition Act of19S2, and as further amended by Public Law No. 104-458, 110 S1at. 11O(1996)(the Telecommunications Act of1986\. (0) Cable Division: The Cable Television Division of the Massachusetts Department of Telecommunications and Cable. (9) Cable Service or Service: The one-way transmission to Subscribers of Video Programming or other Programming services, together with Subscriber interaction, if any, which is required for the selection of such Video Programming or other Programming services, which the Licensee may make available toall Subscribers generally. 6 Cable Television Renewal License Town of North Andover,MA 7enn 82.12.14-02.11.24 (10) Cable Television System or Cable System:A 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 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; (8) a fad|itythatsen/es 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 11 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 the Communications Act; or(E) any facilities of any electric utility used solely for operating its electric utility systems. (11)Commercial Subscriber:A commercial, non-residential Subscriber to Cable Service. (12)Complaint:Any written or verbal contact with the Licensee in connection with a subscription in which a Person expresses dissatisfaction with an act omission, product or service that is (1) within the Licensee's control,and/J\requires a corrective measure un the part of the Licensee. (13) Converter: Any device changing the frequency of a Signal. A Subscriber Converter may expand reception capacity and/or unscramble coded Signals distributed over the Cable System. (14) Department of Public Works("DPW"):The Department of Public Works of the Town of North Andover, Massachusetts. (15) Downstream Channel: Achanne| over which Signals travel from the Cable System Headend or Hub Site to an authorized recipient ofProgramming. (1G) Drop or Cable Drop:The cable that connects an Outlet to the feeder cable of the Cable System. (17) Educational Access Channel: A specific channe|/s\ on the Cable System owned and made available by the Licensee to the Issuing Authority, for the use of educational institutions and/or the Access Corporation to present non-commercial educational programming and information to the public,subject to the conditions and procedures as lawfully established by the Issuing Authority for such use,or subject to the conditions and procedures as lawfully established by the School Department or the Access provider to the extent the Issuing Authority delegates to the School Department or the Access Provider the authority to establish conditions and procedures for Educational Access Channel use. (18) Effective Date of Renewal License (the "Effective Date"): February 12, 2014. (19) FCC:The Federal Communications Commission,or any successor agency. (20) Government Access Channel: Aspedfic channel(s) on the Cable System owned and made available by the Licensee to the Issuing Authority and/or its designees for the presentation of non-commercial programming and/or information to the public, subject to the conditions and procedures as |evvfuUy established by the Issuing Authority for such use, or subject to the conditions and procedures as lawfully established by the Access Provider to the extent the Issuing Authority delegates to the Access Provider the authority to establish conditions and procedures for Governmental Access Channel use. 7 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 (21) Gross Annual Revenues: Revenues received by the Licensee and/or its Affiliates from the operation of the Cable Television System for the provision of Cable Service(s) over the Cable Television System including, without limitation: the distribution of any Service over the Cable System; Basic Service monthly fees and all other Service fees; any and all Cable Service fees and/or charges received from Subscribers; installation, reconnection, downgrade, upgrade and any similar fees; all digital Cable Service revenues; interest collected on Subscriber fees and/or charges;all Commercial Subscriber revenues on a pro-rata basis; fees paid for channels designated for commercial use; home-shopping revenues; and Converter, remote control and other cable-related equipment rentals and/or leases and/or sales; leased access revenues; and advertising revenues. In the event that an Affiliate and/or any other Person is responsible for advertising, advertising revenues shall be deemed to be the pro rata portion of advertising revenues paid to the Cable System by an Affiliate or such other Person for said Affiliate's or other Person's use of the Cable System for the carriage of advertising. Gross Annual Revenues shall also include the Gross Revenue of any other Person which is received directly or indirectly from or in connection with the operation of the Cable System to the extent that said revenue is received,through a means which has the effect of avoiding payment of License Fees to the Town that would otherwise be paid herein. Gross Annual Revenues shall not include fees paid on all Subscriber fees ("fee on fee"), actual bad debt that is written off, consistent with Generally Accepted Accounting Principles; 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. It is the intention of the parties hereto that Gross Annual Revenues shall only include such revenue of such Affiliates and/or Persons relating to Signal carriage over the Cable System and not the gross revenues of any such Affiliate(s) and/or Person(s) itself, where unrelated to such Signal carriage. (22) Headend: The electronic control center of the Cable System containing equipment that receives, amplifies,filters and converts incoming Signals for distribution over the Cable System. (23) Issuing Authority:The Board of Selectmen of the Town of North Andover, Massachusetts. (24) Leased Channel or Leased Access: A video channel that the Licensee shall make available pursuant to Section 612 of the Cable Act. (25) License Fee or Franchise Fee:The payments to be made by the Licensee to the Town of North Andover and/or its designee(s), which shall have the meaning as set forth in Section 622(g) of the Cable Act and M.G.L.Ch. 166A. (26) Licensee: Comcast of Massachusetts I, Inc. , or any successor or transferee in accordance with the terms and conditions in this Renewal License. (27) Origination Capability or Origination Point: An activated cable and connection to an Upstream Channel,allowing a User(s)to transmit a Signal(s) upstream to a designated location. (28) Outlet: An interior or exterior receptacle, generally mounted in a wall that connects a Subscriber's television set or Subscriber-owned equipment to the Cable System. (29) Pay Cable or Premium Services: Programming delivered for a fee or charge to Subscribers on a per- channel or group-of-channels basis. a Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 (30) Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a per-program or per- event basis. (31) Pedestal: An environmental protection unit used in housing Cable Television System isolation units and/or distribution amplifiers. (32) PEG: The acronym for "public, educational and governmental," used in conjunction with Access Channels, support and facilities. (33) PEG Access Channel(s): Any Licensee-owned channel(s) made available by the Licensee and provided for use for the presentation of PEG Access Programming. (34) Person: Any corporation, partnership, limited partnership, association, trust, organization, other business entity,individual or group of individuals acting in concert. (35)Prime Rate:The prime rate of interest at the Federal Reserve Bank. (36) Public Access Channel: A specific channel(s) on the Cable System owned and made available by the Licensee to the Issuing Authority and/or the Access Corporation for use by, among others, North Andover residents and/or organizations wishing to present non-commercial Programming and/or information to the public,subject to the conditions and procedures as lawfully established by the Issuing Authority or its Access Provider for such use. (37) Public Way or Street: The surface of, as well as the spaces above and below, any and all public streets, avenues, highways, boulevards, concourses, driveways, bridges, tunnels, parkways, bulkheads, piers, dedicated public utility easements, and other publicly owned real property having compatible easements within or belonging to the Town, now or hereafter existing. Reference herein to "Public Way" or "Street" shall not be construed to be a representation or guarantee by the Town that its property rights are sufficient to permit its use for any purpose, or that the Licensee shall gain or be permitted to exercise any rights to use property in the Town greater than those already possessed by the Town. (38) Renewal License: The non-exclusive Cable Television License granted to the Licensee by this instrument. (39) Scrambling/encoding: The electronic distortion of a Signal(s) in order to render it unintelligible or unreceivable without the use of a Converter or other decoding device. (40) Signal: Any transmission of electromagnetic or optical energy which carries Programming from one location to another. (41)State:The Commonwealth of Massachusetts. (42)Subscriber:Any Person,firm,corporation or other entity,who or which contracts with the Licensee and lawfully receives,for any purpose,a Cable Service provided or distributed by the Licensee by means of,or in connection with,Cable Television System. (43) Subscriber Network: The 750 MHz, bi-directional network, with a minimum of seventy-eight (78) channels,to be owned and operated by the Licensee,over which Signals can be transmitted to Subscribers. 9 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 (44)Town:The Town of North Andover, Massachusetts. (45)Town Counsel:The Town Counsel of the Town of North Andover, Massachusetts. (46) Trunk and Distribution System: That portion of the Cable System for the delivery of Signals, but not including Drops to Subscriber's residences. (47) Upstream Channel: A channel over which Signals travel from an authorized location to the Cable System Headend. (48) User: A Person utilizing the Cable Television System, including all related facilities for purposes of production and/or transmission of electronic or other Signals as opposed to utilization solely as a Subscriber. (49)VCR:The acronym for videocassette recorder. (50) Video Programming or Programming: Programming provided by, or generally considered comparable to programming provided by,a television broadcast station. 10 Coble Television Renewal License Town pf North Andover,MA renn8zz2.z«—Ozz1.z4 ARTICLE 2 GRANT OF RENEWAL LICENSE Section 2.l---GRANT OF RENEWAL LICENSE Pursuant to the authority of Chapter 166A of the General Laws of the Commonwealth of Massachusetts, and subject to the terms and conditions set forth herein, the Board of Selectmen of the Town of North Andover, Massachusetts, as the Issuing Authority of the Town, hereby grants a non- exclusive Cable Television Renewal License to the Licensee authorizing the Licensee to construct, operate and maintain a Cable Television System within the corporate limits of the Town of North Andover. This Renewal License is subject to the terms and conditions contained in Chapter 166A of the laws of Massachusetts; the regulations of the FCC; the Cable Act; and all Town, State and federal statutes and by-laws of general application,as all may beamended. Subject to the terms and conditions herein, the Issuing Authority hereby grants tothe Licensee the right to lawfully construct,operate and maintain a Cable Television System in' under,over,along,across orupon the Streets, lanes, avenues, alleys, sidewalks, bridges, highways and other public places and rights ofway and through easements which have been dedicated for compatible uses under the jurisdiction of the Town of North Andover within the municipal boundaries and subsequent additions thereto, including property over, under or on which the Town has an easement or right-of-way, for the purpose of reception, transmission, collection, amplification, origination, distribution, and/or redistribution of Signals in accordance with the |oxvs of the United States of America, the Commonwealth of Massachusetts and the Town of North Andover. In exercising rights pursuant to this Renewal License, the Licensee shall not endanger the lives of Persons, or interfere with any installations of the Town, any public utility serving the Town or any other Persons permitted to use Public Ways and places. Grant of this Renewal License does not establish priority for use over other present or future permit holders or the Town's own use mf Public Ways orStreets. Disputes between the Licensee and the Town and/or other parties regarding use of Public Ways or Streets shall be resolved in accordance with any generally applicable regulations of the Town and any lawful special laws or Town by-laws and/or regulations enacted hereafter. Section 2.2---TERM OF RENEWAL LICENSE The term ofthis Renewal License shall commence on February 12, 3O14 and shall expire on February 11, 3D24 unless sooner terminated as provided herein. Section 2.3---NON-EXCLUSIVITY OF RENEWAL 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 Cable Television System within the Town of North Andover; 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. II Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 (b) The grant of any additional new non-renewal cable television license(s) shall not be on terms more favorable or less burdensome than those contained in this Renewal License. (i) In the event that the Licensee believes that any additional new non-renewal 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 new non-renewal 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 consider and negotiate, in good faith, equitable amendments to this Renewal License. (c) The issuance of additional new non-renewal license(s) shall be subject to applicable federal law(s), M.G.L.Chapter 166A and applicable regulations promulgated thereunder. Section 2.4---POLICE AND REGULATORY POWERS By executing the Renewal License,the Licensee acknowledges that its rights are subject to the powers of the Town to adopt and enforce general by-laws necessary to the safety and welfare of the public.The Licensee shall comply with all applicable State and Town laws, by-laws of general applicability, and not specific to this Renewal License, the Cable System or the Licensee, rules, and regulations governing construction within a Public Way and shall apply all of such standards to construction within a private way in the Town. Any conflict between the terms of the Renewal License and any present or future lawful exercise of the Town's police and regulatory powers shall be resolved in a court of appropriate jurisdiction subject to the parties first exercising reasonable efforts to resolve such matters through good faith discussions between the Parties. Section 2.5---REMOVAL Upon termination of the Renewal License by passage of time or otherwise, and unless (1) the Licensee has its license renewed for another term or (2)the Licensee has transferred the Cable Television System to a transferee approved by the Issuing Authority, pursuant to applicable law, the Licensee shall, if requested by the Issuing Authority, remove all of its supporting structures, poles,Trunk and Distribution System, and all other appurtenances from the Public Ways and places and shall restore all areas. If such removal is not complete within six (6) months after such termination and Issuing Authority request, the Issuing Authority may deem any property not removed as having been abandoned. Notwithstanding the foregoing, the parties reserve any and all rights they may have under the Cable Act with respect to disposition of the Cable System in connection with termination of the Renewal License as a result of the License not being renewed or otherwise lawfully terminated. Section 2.6---TRANSFER OF THE RENEWAL LICENSE (a) Neither this 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 12 Cable Television Renewal License Town o/North Andover,MA Term:uzzzz4—uuzz.24 or unreasonably withheld or delayed. Such consent shall be given only after public hearing upon a written application therefore on forms as may be prescribed by the Cable Division and/or the FCC. An application for consent io a transfer orassignment, 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. (b) Pursuant to applicable federal and State law(s), in considering a request to transfer control of the Renewal License, the Issuing Authority may consider such factors asthe transferee's financial capability, management experience, technical expertise, legal ability to operate the Cable System under the existing license and any other criteria allowable under such applicable law(s)and/or regulation(s). (o) For purposes ofthis Section 2.6,the word "control"shall comply with the definition of such in 207 CMR 4.01, as may be amended from time to time. Pursuant to 207 CIVIR 4.01(2), a transfer or assignment of this Renewal 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 this Renewal License or control thereof under M.G.L. c. 166A,Section 7. For purposes of this Section 2.6(c)only, under 207 CIVIR 4.00, an "affiliated company" is any Person or entity that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with another Person or entity. (d)The consent or approval of the Issuing Authority to any assignment or transfer-of the Renewal License granted to the Licensee shall not constitute o 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 such transfer shall, by its terms, be expressly subordinate to the terms and conditions of this Renewal License. (e) The Licensee shall promptly notify the Issuing Authority of any action requiring the consent of the Issuing Authority pursuant to this Section 2.6. (f) Subject to applicable law, the Licensee shall submit tothe Issuing Authority an original and five (5) copies, unless otherwise required, of the application and FCC Form 394 requesting such transfer or assignment consent. (g) The consent of the Issuing Authority shall be given only after a public hearing to consider the written application for transfer. Unless otherwise e||oxved by applicable law(s), the Issuing Authority shall make a decision on said written application within 120 days of receipt of said application. In the event that no action of the transfer application is taken by the Issuing Authority or its designee for a period of 120 days, then after 120 days,the application shall be deemed approved subject to and in accordance with applicable law. (h) 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 2.7---EFFECT OF UNAUTHORIZED TRANSFER ACTION (a) Any transfer of the Cable System without complying with Section 2.6 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 the Renewal License, unless such transfer is otherwise allowable by applicable |evv. 13 Cable Television Renewal License Town cƒNorth Andover,MA 7enn 02.12.14-02.11.24 (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 ofany other rights of the Town. 14 Cable Television Renewal License Town of North Andover,MA Term:82.zaz4-8zzz.Z* ARTICLE 3 CABLE SYSTEM DESIGN Section 3.1---SUBSCRIBER NETWORK /a\ The Licensee shall continue to own, operate, maintain and make available to all residents of the Town a minimum 750 MHz Subscriber Network. Said Cable System shall be fully capable of carrying at least seventy-eight(78)video channels in the downstream direct/on. (b) The Licensee shall transmit all of its Signals to North Andover Subscribers in stereo, provided that such Signals are available and furnished to the Licensee instereo. (c) The Cable Television System, pursuant to Section 3.1 herein, shall conform to the applicable FCC technical specifications contained in Exhibit attached hereto and made part hereof. At all times throughout the Renewal License,the Licensee shall meet all applicable FCC technical standards. Section 3L2---EMERGENCY ALERT OVERRIDE CAPACITY The Subscriber Network described in Section 3.1 herein shall comply with the FCC's Emergency Alert System /"EAS"\ regulations. Section 3.3---PARENTAL CONTROL CAPABILITY The Licensee shall comply with all requirements of federal law(s) governing Subscribers' capability to control the reception of any channels being received on their television sets. 15 Cable Television Renewal License Town of North Andover,MA Term:oz1zz4—uzz1.z4 ARTICLE CABLE SYSTEM LOCATION, MAINTENANCE AND OPERATIONAL STANDARDS Section 4.1---SERVICE AVAILABLE TO ALL RESIDENTS (o) The area to be served shall be those areas of the Town of North Andover that currently have service and any new residential areas with a minimum density of twenty (20) homes per mile in areas served aerially and forty (40) homes per mile in those areas served underground, both areas as measured from the Trunk and Distribution System. In the event an area does not meet the above guidelines the Licensee will meet with the Issuing Authority tm discuss the feasibility of serving said areas. Service shall continue to be available on every street where dwellings currently have Cable Service available, provided that the Licensee is able to obtain from property owners any necessary easements and/or permits in accordance with Section 621 (a)(%) of the Federal Cable Communications Act of19O4. (b) Provided Licensee has at least forty-five (45) days prior 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.The Issuing Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give timely notice mftrenching and underground construction to the Licensee. (c) installation charges shall be non-discriminatory. A standard aerial installation charge shall be established by the Licensee which shall apply to any residence located not more than one hundred fifty feet (150/) from the existing aerial Trunk and Distribution System and additions thereto. The Licensee may charge residents located more than 150'from the existing aerial Trunk and Distribution System, and additions thereto, time and materials charges. The Licensee shall have up to, but not more than, ninety (90) days in order to survey, design and install non-standard installations that are more than one hundred fifty feet (150') from the existing aerial Trunk and Distribution System and additions thereto, subject to Force K4a'eune and the completion of utility pole make ready work. Any dwelling unit within one hundred fifty (150) feet 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.). Section 4.2---LOCATION OF THE CABLE TELEVISION SYSTEM The Licensee shall own, install, operate and maintain the Cable Television System within the Town of North Andover. Poles, towers, if any, 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 Licensee-owned poles, towers, if any, and other obstructions shall be in accordance with all applicable State and local laws and regulations. Section 4'3---UNDERGROUND FACILITIES (a)The Licensee shall comply with applicable law(s) regarding any requirement(s)to remove poles and overhead wires and associated overhead structures within all or any part or parts of the Town. (b) Underground cable lines shall be placed beneath the pavement subgrade in compliance with 16 Cable Television Renewal License Town of North Andover,AA Term:ozz2.z4—ozzz.z4 applicable Town by-laws, rules, regulations and/or standards. It is the policy of the Town that existing poles for electric and communication purposes should be utilized wherever possible and that underground installation is preferable to the placement of additional poles. Section 4'4---TREE TRIMMING In the installation of amplifiers, poles, other appliances or equipment and in stringing of cables and/or wires as authorized herein, the Licensee shall avoid all unnecessary damage and/or injury toanyanda|| shade and ornamental trees in and along the streets, alleys, Public Ways and places in the Town. The Licensee shall be subject to M.G.L. Chapter 87 and shall comply with all rules established by the Issuing Authority and/or its designee(s) during the term of the Renewal License. All tree and/or root trimming and/or pruning provided for herein shall be done pursuant to appropriate regulations of the Town. Section 4.5---RESTORATION TO PRIOR CONDITION Whenever the Licensee takes up or disturbs any pavement, sidewalk or other improvement ofany Public Way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the 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 the Licensee in writing of the restoration and repairs required and the time fixed for performance thereof. Upon failure of the Licensee to comply within the specified time period, the Issuing Authority may cause proper restoration and repairs to be made and the reasonable expense of such work shall be . paid by the Licensee upon demand by the Issuing Authority. Section 4'@---TEMPORARY RELOCATION The Licensee shall temporarily raise or lower its wires or other equipment upon the reasonable request of any Person holding a building moving permit issued by the Town.The expense of such raising or lowering shall be paid by the Licensee, unless otherwise required or permitted by applicable law.The Licensee shall be given reasonable notice necessary to maintain continuity of service. Section 4.7---DISCONNECTION AND RELOCATION The Licensee shall, upon reasonable advance notice, without cost to the Town, protect, support, temporarily disconnect, relocate in the same street or other Public Way and place, or remove from any Street or any other Public Ways and places, any ofits property as required by the Issuing Authority or its designee(s) 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. Section 4.0---SAFETY STANDARDS The Licensee shall construct, install, operate, maintain and remove the Cable Television System in conformance with applicable provisions of the Occupational Safety and Health Administration regulations, the Massachusetts Electrical Code, the National Electrical Code, the National Electrical Safety Code, the rules and regulations of the Cable Division and the FCC, all State and local |ovvs of general applicability, any other generally applicable regulations, and all land use restrictions as the same exist or may be amended hereafter. Enforcement of such codes shall be by the appropriate regulatory authority. Section 4.9---PEDESTALS Pedestals housing passive devices may be installed and utilized by the Licensee in and on the Town's Public Way(s) for the provision of Cable Service(s), subject to the Licensee applying for and receiving o 17 Cable Television Renewal License Town of North Andover,MA Term:naz2.z4–u2.zz.a4 permit for such installation and/or utilization. In any cases in which Pedestals housing 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 DPW regulations; provided,however,that the Licensee may place active devices (amplifiers, line extenders, power supplies, etc.) in a low-profile electronic control box at Town approved locations to be determined when the Licensee applies for o permit. All such equipment shall be shown on the construction maps submitted to the Town in accordance with Section 4.12 infra. In the event that the Licensee is no longer utilizing any such Pedestals for Cable Service(a), the Licensee shall remove any such Pedestals from the Public Ways in a timely manner, unless the Licensee is otherwise permitted to use such Pedestals pursuant to applicable law. Section 4.10---PRIVATE PROPERTY The Licensee shall be subject to all laws, by-laws and/or regulations regarding private property inthe course of constructing, upgrading, installing, operating and maintaining the Cable Television System in the Town. The Licensee shall promptly repair orreplace all private property, real and personal, damaged or destroyed as a result of the construction, installation, operation or maintenance of the Cable System at its sole cost and expense. Section 4.11---RIGHT TO INSPECTION OFSYSTEM The Issuing Authority or its designee(s) shall have the right to inspect all construction and installation work performed subject to the provisions of this Renewal license in order to ensure compliance with the terms and conditions of the Renewal License and all other applicable law. Any such inspection shall not interfere with the Licensee's operations, except in emergency situations. Except for emergency situations, the Issuing Authority shall provide the Licensee with timely notice of any such inspection(s). The Licensee shall have the right to have a representative present at any such inspection. Both parties shall make m good faith effort to work with each other to schedule any such inspections at mutually convenient time. Section 4.12---CABLE SYSTEM MAPS The Licensee shall provide, upon written request, the Issuing Authority or its designee with strand maps of the Cable System plant. if changes are made in the Cable System,the Licensee shall file updated strand maps not more than once annually. Section 4,13---SERVICE INTERRUPTION Except where there exists an emergency situation necessitating a more expeditious procedure, the Licensee may interrupt Service for the purpose of repairing or testing the Cable Television System only during periods of rninirnunn use and, when practical, only after a minimum of forty-eight (48) hours notice to all affected Subscribers. Section 4.14---COMMERCIAL ESTABLISHMENTS The Licensee shall be required to make Cable Service(s) available to any commercial establishments in the Town, provided that said establishment(s) agrees to pay for installation and subscription costs as established by the Licensee. Section 4.15—DIG SAFE The Licensee shall comply with all applicable "dig-safe" provisions, pursuant to M.G.L. Chapter 82, Section 40. 18 Cable Television Renewal License Town of North Andover,KA Term:OI1l14-0Z11.24 ARTICLE 5 SERVICES AND PROGRAMMING Section 5.1---BASIC SERVICE The Licensee shall provide a Basic Service which shall include all Signals which are required to be carried by a Cable Television System serving the Town pursuant to applicable federal statute or regulation. Section G.2---PROGRAMMING /a\ Pursuant to Section 624ofthe Cable Act, the Licensee shall maintain the mix, quality and broad categories of Programming set forth in Exhibit 2, attached hereto and made a part hereof. Pursuant to applicable federal law, all Programming decisions, including the Programming listed in Exhibit 2, attached hereto, are at the sole discretion of the Licensee. (b) Pursuant to the rules and regulations of the Cable Division, the Licensee shall provide the Issuing Authority and all Subscribers with notice of its intent to substantially change the North Andover Programming line-up atleast thirty/8O\ days before any such change isto take p|ace., Section 5.3--LEASED CHANNELS FOR COMMERCIAL USE Pursuant to Section 612 (b)(1)(8> of the Cable Act the Licensee shall make available channel capacity for commercial use bv Persons unaffiliated with the Licensee. Section 5.4--VCR/CABLE COMPATIBILITY (a) |n accordance with applicable law, in order that Subscribers tothe Cable Television System have the capability to simultaneously view and tape any two channels and set VCR controls to record multiple channels, the Licensee shall make available to any Subscriber, upon request and at cost, equipment which will allow VCR owners to tape and view simultaneously any channel capable of being received by such owner's television set and/or VCR, the exception being that the Subscriber will not be able to view and record two scrambled Signals simultaneously (b) The Licensee reserves its right to Scramble or otherwise encode any cable channel(s), as is reasonably necessary, in the Licensee's judgment, to protect the Licensee from unauthorized reception of its Signals, in accordance with applicable |avv/s\. (c) Pursuant to the rules and regulations of the Cable Division, as may be amended from time 10 time,the Licensee shall give notice in writing of its policies and practices regarding equipment to potential Subscribers before a subscription agreement is reached and annually to all existing Subscribers. Section 5.G---CONTINUITY OF SERVICE it shall be the right of all Subscribers to receive Cable Service insofar as their financial and other obligations tothe Licensee are honored; 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 isotherwise obtaining any Cable Service without required payment thereof.The Licensee shall ensure that all Subscribers receive continuous, uninterrupted Cable Service, except for necessary Service interruptions or as a result of Cable System or equipment failures. When necessary, non-routine Service interruptions can be anticipated,the Licensee shall notify Subscribers of such|nterruption/s\inadvance. 19 Cable Television Renewal License Town of North Andover,MA Term:02.12.14-02.11.24 Section 5.6---FREE DROPS 8& MONTHLY SERVICE TO PUBLIC BUILDINGS AND PUBLIC SCHOOLS (a) The Licensee shall provide one Drop,outlet and Basic Cable Service, at no charge to the Town,to each public school, police and fire station(s), public library and other Public Buildings located along the Licensee's Distribution Cable route within the Town. (b) Upon written request by the Issuing Authority, the Licensee shall provide one (1) Standard Drop, Outlet and Basic Cable Service at no charge to new Public Buildings and other Town-owned Public Buildings located along the Licensee's Distribution Cable route.The Issuing Authority or its designee shall consult with a representative of the Licensee to determine the appropriate location for each said Outlet prior to requesting that the Licensee install the free service. (c) Nothing im this Section shall require the Licensee, at no charge, to move existing Drops or Outlets in any municipal or public school building within the Town,orinstall an additional Drop or Outlet to any municipal or Town owned or leased Public Building which already has free Drop or Outlet pursuant to 3.3 (a) or (b) above. Nothing in this Section shall require the Licensee to maintain, repair or replace any internal Outlet wiring beyond the initial Outlet or wire closet delivery point of Basic Cable Service to any given building identified in this Section. 20 Cable Television Renewal License Town ofNorth Andover,MA Term:8zzzz4—ozzz.24 ARTICLE 6 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS FACILITIES AND SUPPORT Section 6.1---PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS The Access Corporation, as designated by the Issuing Authority, shall continue to be responsible for the provision of Public, Educational and Governmental ("PEG") Access Programming 10 Subscribers, pursuant to the provisions of this Article 6herein. Section @'2---PEG ACCESS CORPORATION The Access Corporation 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 G.3 below and subject tothe terms and conditions herein; (2)Manage PEG Access annual funding,pursuant bm Section G.4below; (3) Purchase, maintain and/or lease PEG Access equipment,with the funds allocated for such purposes in Section 6.S below; (4)Conduct training programs in the skills necessary to produce PEG Access programming; (S) Establish rules, procedures and guidelines for use of the PEG Access Channels, subject to and in accordance with applicable law and subject to the Issuing Authority having a reasonable opportunity for Issuing Authority review and advisory consultation regarding the foregoing, with the Issuing Authority reserving ultimate control over rules, procedures and guidelines for Government and Educational Access Channels and with respect to Government and Educational Access programming; (G) Accomplish such other tasks relating to the operation, scheduling and/or management of PEG Access Channels,facilities and equipment as appropriate and necessary;and (7) Produce or assist Users in the production of original, non-commercial Video Programming of interest to Subscribers and focusing on Town issues, events and activities. Section 6'3---PEG ACCESS CHANNELS (a) The Licensee shall continue to make available for use by the Issuing Authority and/or the Access Corporation three(3) Licensee-owned Downstream Channels for PEG Access purposes,which shall be used to transmit non-commercial PEG Access Programming to Subscribers, at no cost to the Town and/or the Access Corporation and shall be subject to the control and management of the Issuing Authority and/or the Access Corporation, with the Issuing Authority reserving ultimate control of the Government and Educational Access Channels notwithstanding Access Corporation operation of such Channels in accordance with the terms hereof. /b\The Licensee shall not move or otherwise relocate the channel locations of the PEG Access Channels, referenced in paragraph (a) above, without advanced, written notice tothe Issuing Authority and/or its designee(s). 21 Cable Television Renewal License Town of North Andover,MA Term:02.12.z4-82,12.24 Section 6.4--PEG ACCESS FUNDING (a) From the Effective Date of this Renewal License through July 31, 2018,the Licensee shall continue to provide License Fee payments to the Access Corporation equal to two and seven tenths percent (2.7096) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(22) supra. Effective no sooner than August 1, 3818, the Licensee shall commence making License Fee payments to the Access Corporation up to or equal to four percent (4.00%) of the Licensee's Gross Annual Revenues, as defined in Section 1.1(22) supra, payable on o quarterly basis; provided, however, that the other incumbent cable operator in North Andover has commenced paying the same percentage which may be uptoor equal to four percent (4.0096) uf its Gross Annual Revenues effective August 1, 2O10or thereafter during the term hereof, and further that the Issuing Authority provides the Licensee with a minimum of sixty (60) days written, advance notice that the other incumbent cable operator has agreed pursuant to its Renewal License with the Town of North Andover to implement said four percent (4.0096) License Fee payment, or other License Fee up to or equal to four percent (4.0096) of its Gross Annual Revenues, effective August 1, 2O1Qmr thereafter but during the term hereof. Licensee shall commence payment of said four percent(4.00%)or other License Fee no sooner than sixty(60)days from receipt of said written notice by the Issuing Authority and no later than the other incumbent cable operator has commenced payment of the same percentage, provided said other incumbent cable operator commences payment no sooner than said sixty (60) day written notice to the Licensee. Should there be no such agreement between said other incumbent cable operator and the Town to increase the License Fee as described herein, the Licensee shall continue to provide License Fee payments equal to two and seven tenths percent (2.7096). At no time during the term of this Renewal License shall the Licensee be required to pay a License Fee that is higher than the License Fee required of the other incumbent cable operator in North Andover or greater than four percent(4.0096). (b)The Franchise Fee payments provided pursuant to Section 6.4 (a) supra shall be made directly to the Access Corporation on the following quarterly basis: (i) on or before February 15 of each year of this Renewal License for the previous /3\ month period of October, November and December; (ii) on or before May 15 for the previous three (3) month period of January, February and March; (iii) on or before August 15th of each year ofthis Renewal License for the previous three (3) month period of April, May and June; and (iv) and on or before November 15 1h of each year of this Renewal License for the previous three (3) month period of July,August and September. /c\ The Licensee shall file for each of said two and seven tenths percent (2.70V6) and/or four percent /4.0096\ or other quarterly payments as determined pursuant to 6.4 above s statement certified by on authorized representative of the Licensee documenting, in reasonable detail, the total of all Gross Annual Revenues of the Licensee during the preceding three (3) month reporting period(s), as well as a completed Gross Annual Revenues Reporting Form,substantially similar to the form attached hereto as Exhibit 3. If the Licensee's quarterly payments Lo the Access Corporation were less than the aforementioned 2.7096wr 4.00V6 or other percentage of the Licensee's Gross Annual Revenues for the reporting period, the Licensee shall pay any balance due to the Access Corporation no later than the quarterly payment subsequent to the discovery of such underpayment. Said statement shall list all of the general categories comprising Gross Annual Revenues as defined in Section 1.1/22\supra. (d) in no case shall said quarterly payment(s) include the equipment/facilities funding required by Section G'5 below. Said quarterly payments shall be considered a Franchise Fee, unless otherwise provided for by applicable law. (e) In the event that the PEG Access Funding payments herein required are not tendered on or before the dates fixed in paragraph (a) above, interest due on such fee shall accrue from the date due at the rate of 22 Cable Television Renewal License Town of North Andover,AA 7enn02.1l24-0I22.24 two percent (2%) above the Prime Rate, on the last day of business of the phor month. Any such late payments to the Access Corporation pursuant to this Section 6.5(e) shall not be deemed to be part of the funding to be paid to the Access Corporation pursuant to this Section 6.5 and shall be within the exclusion to the term "franchise fee" for requirements incidental to enforcing the Renewal License pursuant to Section G22/QV2VD)of the Cable Act. Section 6'G---PEG ACCESS EQUUPMEN]/FACIUI70E8FUN DING (a)The Licensee shall provide capital funding to the Town (its Issuing Authority)for PEG Access and other cable-related telecommunications facilities and/or equipment purposes as determined by the Issuing Authority,as follows: (i)annual payments of Twenty Thousand Dollar($20,000)with the first payment to be paid by the Licensee within sixty(60)days of the Effective Date of this Renewal License, and subsequent Twenty Thousand Dollar($20,000) payments on or before the annual anniversary date of the first payment; and additionally(ii)a payment in the amount of three hundred and seventy-five thousandths(.375)of one percent /O.375Y6\of Gross Annual Revenues, as defined inSect|un1.1(22), paid quarterly bv the Licensee onor before the due dates referenced in Section 6.4(b)above. All ofthe foregoing capital funding payments shall be allocated equally(50%-50%)to the Town and to the Access Corporation. The Access Corporation allocation of the capital funding, being 50%of each of the payments under this Section 6.5, shall be payable directly to the Access Corporation unless otherwise directed in writing by the Issuing Authority. (b) The capital funding provided herein by the Licensee shall not be counted toward: /i\ the annual support provided by the Licensee pursuant to Section 6.4 above; or (ii) the License Fee payment payable pursuant to Section 7.1below. (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 two percent above the prime rate as reported by the Federal Reserve. Section 6'6---EQUIPMENT OWNERSHIP The Town and/or the Access Corporation,as determined by the Issuing Authority,shall own all PEG Access equipment purchased with funding pursuant to Section 6.5 (a) supra.The Licensee shall have noobligation for maintenance,repair or replacement of such equipment. Section 6'7—'ACCESS CORPORATION ANNUAL REPORT Upon the written request of the Licensee, the Access Corporation shall provide the Licensee with a copy ofthe Access Corporation's annual Form PC submitted to the Division of Public Charities and the Form 890. Section 6.8---PEG ACCESS CHANNELS MAINTENANCE The Licensee shall monitor the PEG Access Channels for technical quality and shall ensure that they are maintained, at a minimum, at the standards commensurate with those which apply tothe Cable System's commercial channels. Upon the written request of the Issuing Authority,the Licensee shall make available a copy of its most recent annual performance tests. Section 6.9---PEG ACCESS CABLECAST|NG (a) In order that the Issuing Authority, his or herdes/gnee(s) and/or the Access Corporation can oab|ecasL PEG Access Programming over the Subscriber Network PEG Access Downstream Channels, all PEG Access 23 Cable Television Renewal License Town ofNorth Andover,MA Term:OI1l24-8%zz.24 Programming shall be transmitted on the Town's fiber network from any remote Origination Location to the PEG Access studio located within North Andover High School, where it shall be modulated by the Town and/or the Access Corporation. Said modulated PEG Access Programming shall then be transmitted to the Cable System Headend or Hub by the Licensee on its Cable System plant. (b)The Licensee shall ensure that said PEG Access Programming is automatically switched electronically at the Headend or Hub to the appropriate Subscriber Network PEG Access Downstream Channel, in an efficient and timely manner. At the Headend or the Hu[, said PEG Access Programming shall be retransmitted in the downstream direction on one of the Subscriber Network PEG Access Downstream Channels. The Licensee shall not charge the Issuing Authority, his or herdesignee/d and/or the Access Corporation for such electronic switching responsibility. Any manual switching shall be the responsibility of the Access Corporation or the Issuing Authority.The Licensee and the Issuing Authority shall discuss in good faith any difficulties that arise regarding cab|ecaatingof PEG Access Programming. (c) The Licensee shall own, maintain, repair and/or replace any Headend or Hubsite Signal processing equipment and Cable System distribution plant used in connection with PEG Access Cab|ecasting. The Issuing Authority and/or the Access Corporation, as determined by the Issuing Authority shall own, maintain, and repair studio or portable modulators and demodulators (or transmitters/receivers or equivalent equipment as applicable) subject to Licensee's availability to test said modulators and demodulators (or functionally equivalent equipment) for Licensee signal problems associated with such modulator and demodulator use. Unless otherwise agreed toin writing,the demarcation point between the Licensee's equipment and/or the Town's or the Access Corporation's equipment shall be at the output of the Access Corporation's master control output located within its studio at the North Andover High School. (d) No later than February ll, 3018, the Issuing Authority may request that Licensee construct a one- way, hard-wired video origination link /"Studio Return Line") for the purpose of originating PEG Access Programming from a new PEG Access Studio location within the town. Within a reasonable period of time after such written request, the Licensee shall provide a written estimate of the projected total cost and reasonable rate of return for the Studio Return Line and shall in good faith discuss the specifics of such estimate(s) and less costly alternatives, if any, with the Issuing Authority or its designee. Licensee shall construct the Studio Return Line within nine (9) months of the Issuing Authority's written authorization to proceed with construction.The Licensee shall be responsible for no more than Fifteen Thousand Dollars ($15,000.00) for the foregoing, and additional cost of same, if any, shall be borne by the Access Corporation.. The Licensee reserves the right to pass through the costs associated with said Studio Return Line construction in accordance with applicable law. (e)lf the Town makes a request for a Studio Return Line after February 11, 2018, it shall be responsible for all Studio Return Line construction costs. Section 6.10---CENSORSHIP Neither the Licensee, the Town nor the Access Corporation shall engage in any program censorship or any other control of the content of the PEG Access Programming on the Cable System Public Access Channel(s), except as otherwise required or permitted by applicable law. Consistent with the foregoing the parties acknowledge that the Access Provider may engage in lawful limitations against obscenity, defamation, copyright violation and other categories of unlawful speech, and may adopt guidelines, restrictions and user form requirements relating tothe same,subject to and implemented inaccordance with lawful procedures and may similarly engage in customary scheduling practices as appropriate and 24 Cable Television Renewal License Town of North Andover,Wm Tenn0l12.z4—OI11Z4 lawful. Notwithstanding the foregoing, the Issuing Authority and the School Department may, respectively, exercise editorial control of the Government and Educational Access Channels to the extent consistent with applicable |axv and Issuing Authority and School Department guidelines, if any, adopted in furtherance thereof. 25 Cable Television Renewal License Town of North Andover,MA 7ennQI22.24-0Izz.Z4 ARTICLE 7 ANNUAL FUNDING TO THE TOWN Section 7.1---LICENSE FEE PAYMENTS (a) Pursuant to Massachusetts General Laws Chapter 166A,Section 9,the Licensee shall pay to the Town, throughout the term of this Renewal License, a License Fee equal to fifty cents ($.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,shall be calculated in compliance with applicable law(s). (b) The Licensee shall not be liable for a total License Fee pursuant to this Renewal License and applicable |avv in excess of five percent /596\ of its Gross Annual Revenues; provided, however, that said five percent (5Y6) shall include the following: (i) the PEG Access Funding pursuant to Section 6.5 supra and (ii) any License Fees that may be payable to the Town,the State and/or the FCC; provided, however, that said five percent (5%) shall not include the following: (i) any interest due herein to the Town or the Access Corporation because of late payments; Ui\the equipment/facilities funding payments payable tothe Issuing Authority and/or the Access Corporation pursuant to Section 6.6 supra; (iii)the costs related to any liquidated damages pursuant to Section 11.2 infra; and (iv) any exclusion to the term "franchise fee" pursuant to Section 622/gV2)of the Cable Act. Section 7.2---OTHER PAYMENT OBLIGATIONS AND EXCLUSIONS (a)The License Fee 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 the Licensee and/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 License Fee which shall be separate and distinct obligation ofthe Licensee and each Affiliated Person. The Licensee herein agrees that no such taxes, fees or charges shall be used as offsets or credits against the License Fee,except as permitted bv applicable law. (b) in accordance with Section 622(h) of the Cable Act nothing in the Cable Act or the Renewal License shall be construed to limit any 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 or other communications 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 (596) of such Person's gross revenues derived in such period from the provision of such service over the System. Section 7.3---LATE PAYMENT In the event that the License Fees herein required are not tendered on or before the dates fixed in Section 7.1 above, interest due on such fee shall accrue from the date due at rate of two percent (296) above the Prime Rate.Any payments to the Town pursuant to this Section 7.3 shall not be deemed tobe part of the License Fees to be paid to the Town pursuant to Section 7.1 and shall be within the exclusion to the term "franchise fee" for requirements incidental to enforcing the Renewal License pursuant to §6Z3(g)(2VD\of the Cable Act. Section 7.4---RECOMPUTATION (a) Tender oracceptance of any payment shall not be construed as an accord that the amount paid pursuant to this Renewal License is correct, nor shall such acceptance of payment be construed as e 26 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 release of any claim that the Issuing Authority may have, including interest, pursuant to Section 6.5 and Section 6.6 supra.All amounts paid shall be subject to audit and recomputation by the Issuing Authority, which shall be based on the Licensee's fiscal year and shall occur in no event later than two (2) years after the License Fees are tendered with respect to such fiscal year. (b) If the Issuing Authority has reason to believe that any such payment(s) are incorrect, the Licensee shall have thirty(30) days to provide the Issuing Authority 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). Upon reasonable written notice, the Issuing Authority shall have the right to inspect any records relating to Gross Annual Revenues, as defined herein, in order to establish the accuracy of any payments to the Issuing Authority tendered hereunder. (c) If, after such audit and recomputation, an additional fee is owed to the Issuing Authority, such fee shall be paid within thirty (30) days after such audit and recomputation. The interest on such additional fee shall be charged from the due date at the Prime Rate during the period that such additional amount is owed. If, after such audit and recomputation, the Licensee has overpaid, such overpayment shall be credited against the next required PEG Access payment to the Issuing Authority, without interest charges of any kind. Section 7.5---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 Services provided to North Andover. Section 7.6---METHOD OF PAYMENT All License Fee payments by the Licensee to the Town pursuant to Section 7.1 of this Renewal License shall be made payable to the Town and deposited with the Town Treasurer. 27 Cable Television Renewal License Town of North Andover,MA 7enn 02.12.14-02,11.24 ARTICLE 8 RATES AND CHARGES Section 8.1---RATE REGULATION The Town reserves the right to regulate the Licensee's Basic Service rates and charges to the extent allowable under State and federal laws. Section 8.2---NOTIFICATION OF RATES AND CHARGES (a) in accordance with applicable law, the Licensee shall file with the Issuing Authority schedules which shall describe all Services offered by the Licensee, all rates and charges of any kind, and all terms or conditions relating thereto. Thirty (30) days prior to changing one of its policies and/or practices, the Licensee shall notify, in writing,the Cable Division, the Issuing Authority and all affected Subscribers of the change, including a description of the changed policy and/or practice, in a typeface that can be easily read and understood bySubscribers. (b) In accordance with applicable law, at the time of initial solicitation or installation of Service, the Licensee shall also provide each Subscriber with an 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 rote increase to either downgrade service or terminate service altogether without any charge. Change of service policies shall bein compliance with 2O7 CMR1O.00etseq, attached as Exhibit 4. Section 8.3---PUBLICATION AND ydON-0USC0UAQUNATION All rates for Subscriber services shall be published and non-discriminatory. A written schedule of all rates shall beavailable upon request during business hours at the Licensee's business office. Nothing in the Renewal License shall be construed to prohibit the reduction or waiver ofcharges in conjunction with promotional campaigns for the purpose of attracting or maintaining Subscribers. Section g.4---CREDIT FOR SERVICE INTERRUPTION Pursuant to applicable |axv(a), 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. 28 Cable Television Renewal License Town of North Andover,MA Term:ozzzz4-02.zz.z4 ARTICLE 9 INSURANCE AND BONDS Section 9.1---INSURANCE /a\ The Licensee shall carry insurance throughout the term of this Renewal License and any removal period, pursuant to M.G.L. Chapter 166A, §5(f), with the Town as an additional insured,with an insurance company satisfactory tothe Issuing Authority, indemnifying the Town and the Licensee from and against all claims for injury ordannaGetoPersonsorpnoperty, bothrea| andpersona|,causedbvthe construction, installation, operation, maintenance and/or removal of the Cable Television System. The amount of such insurance against liability for damage to property shall be no less than One Million Dollars /$1,OOO,DOO.00\ aato any one occurrence.The amount of such insurance for liability for injury ur death to any Person shall be no less than One Million Dollars per occurrence ($1,000,000.00). The amount of such insurance for excess liability shall be Five Million Do||eo ($5,000l000.00) in umbrella form. (b)The Licensee shall carry insurance against all claims arising out of the operation of motor vehicles and general tort or contract liability in an amount not less than One Million Dollars /$1,000,000.00\ per occurrence. (c) All insurance coverage, including Workers' Compensation in amounts as required by applicable law, shall be maintained throughout the entire term of this Renewal License. All expenses incurred for said insurance shall beatthe sole cost and expense of the Licensee. (d)The following conditions shall apply to the insurance policies required herein: (i)Such insurance shall commence no later than the Execution Date of this Renewal License. (ii)Such insurance shall be primary with respect to any insurance maintained by the Town and shall not call onthe Town's insurance for contributions. (iii) Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in the State. Section B,2--PERFORIVIANCEBOND /a\ The Licensee shall maintain at its sole cost and expense throughout the term of the Renewal License a faithful performance bond running to the Town,with good and sufficient surety licensed to do business in the State in the sum of Fifty Thousand Dollars /$SO,OOO.UO\. Said bond shall be conditioned upon the faithful performance and discharge of all of the obligations imposed by this Renewal License. (b) The performance bond shall be effective throughout the term of the 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 ozrnp|y with any one or more provisions of the 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 11.1and 11.2 infra. (c)Said bond shall be a continuing obligation ofthe Renewal License,and thereafter until the Licensee has satisfied all of its obligations to the Town that may have arisen from the grant of the Renewal License or from the exercise of any privilege herein granted. In the event that the Town recovers from said 29 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 surety, the Licensee shall take immediate steps to reinstate the performance bend to the appropriate amount required herein. Neither this section, any bond accepted pursuant thereto, nor any damages recovered thereunder shall limit the liability of the Licensee under the Renewal License. Section 9.3---REPORTING Upon written request of the Issuing Authority, the Licensee shall submit to the Issuing Authority, or its designee, copies of all current certificates regarding (i) all insurance policies as required herein, and (ii)the performance bond as required herein. Section 9.4---INDEMNIFICATION The Licensee shall, at its sole cost and expense, indemnify and hold harmless the Issuing Authority,the Town, its officials, boards, commissions, committees, agents and/or employees against all claims for damage due to the actions of the Licensee, its employees, officers or agents arising out of the construction, installation, maintenance, operation, and/or removal of the Cable Television System under the Renewal License, including without limitation, damage to Persons or property, both real and personal, caused by the maintenance, operation, and/or removal of any structure, equipment, wire or cable installed. Indemnified expenses shall include all reasonable attorneys' fees and costs incurred up to such time that the Licensee assumes defense of any action hereunder.The Issuing Authority shall give the Licensee written notice of its obligation to indemnify and defend the Issuing Authority within a reasonable time from receipt of a claim or action pursuant to this section. Section 9.5---NOTICE OF CANCELLATION OR REDUCTION OF COVERAGE The insurance policies and performance bond required herein shall each contain an explicit endorsement stating that such insurance policies and performance bond are intended to cover the liability assumed by the Licensee under the terms of the Renewal License and shall contain the following endorsement: It is hereby understood and agreed that this policy(or bond)shall not be cancelled, materially changed or the amount of coverage thereof reduced until thirty (30) days after receipt by the Issuing Authority by certified mail of one (1) copy of a written notice of such intent to cancel, materially change or reduce the coverage required herein. 30 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 ARTICLE 10 ADMINISTRATION AND REGULATION Section 10.1---REGULATORY AUTHORITY The Issuing Authority and/or its designee shall be responsible for the day to day regulation of the Cable Television System. The Issuing Authority and/or its designee shall monitor and enforce the Licensee's compliance with the terms and conditions of this Renewal License. The Issuing Authority shall notify the Licensee in writing of any instance of non-compliance pursuant to Section 11.1 infra. Section 10.2---PERFORMANCE EVALUATION HEARINGS (a) The Issuing Authority may hold a performance evaluation hearing in each year of the Renewal License, conducted by the Issuing Authority and/or its designee(s). All such evaluation hearings shall be open to the public.The purpose of said evaluation hearing shall be to, among other things, (i) review the Licensee's compliance with the terms and conditions of the Renewal License, with emphasis on PEG Access Channels, facilities and support, customer service and Complaint response; and (ii) hear comments,suggestions and/or Complaints from the public. (b) The Issuing Authority and/or its designees shall have the right to question the Licensee on any aspect of the Renewal License including, but not limited to, the maintenance, operation and/or removal of the Cable Television System. During review and evaluation by the Issuing Authority, the Licensee shall fully cooperate with the Issuing Authority and/or its designee(s),and produce such documents or other materials relevant to such review and evaluation as are reasonably requested from the Town.Any Subscriber or other Person may submit comments during such review hearing, either orally or in writing, and such comments shall be duly considered by the Issuing Authority. (c) Within sixty (60) days after the conclusion of such review hearing(s), the Issuing Authority shall issue a written report with respect to the Licensee's compliance, and send one (1) copy to the Licensee and file one (1) copy with the Town Clerk's Office. If noncompliance is found which could result in a violation of any of the provisions of the Renewal License,the Licensee shall respond and propose a plan for implementing any changes or improvements necessary, pursuant to Section 11.1 infra. Said report shall report on the Licensee's compliance to the terns and conditions of this Renewal License,as well. Section 10.3---NONDISCRIMINATION The Licensee shall not discriminate against any Person in its solicitation, service or access activities, if applicable,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. This Section 10.3 shall not affect the right of the Licensee to offer discounts. Section 10.4---EMERGENCY REMOVAL OF PLANT If,at any time, in case of fire or disaster in the Town, it shall become necessary in the reasonable judgment of the Issuing Authority or any designee(s),to cut or move any of the wires, cables,amplifiers,appliances or appurtenances of the Cable Television System, the Town shall have the right to do so at the sole cost and expense of the Licensee. 31 Cable Television Renewal License Town of North Andover,MA Term:ozzzz4—o2.z1.24 Section l0.G---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. |n the event that the Licensee, after notice,fails orrefuses tV 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,which cost shall be summarized by the Issuing Authority. Section 10.6---JURISDICTION Jurisdiction and venue over any dispute, action or suit shall he 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, orsuit. 32 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 ARTICLE 11 DETERMINATION OF BREACH-LIQUIDATED DAMAGES LICENSE REVOCATION Section 11.1---DETERMINATION OF BREACH 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 the 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. (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 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 twenty-one (21) 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 the Licensee fails to respond to such notice of default and 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 and be heard at such public hearing. (d)Within thirty(30) days after said public hearing,the Issuing Authority shall determine whether or not the Licensee is in default of any provision of the Renewal License and shall issue a written determination of its findings. In the event that the Issuing Authority, after such hearings, determines that the Licensee is in such default,the Issuing Authority may determine to pursue any of the following remedies: (i) Seek specific performance of any provision in the Renewal License that reasonably lends itself to such remedy as an alternative to damages; (ii)Commence an action at law for monetary damages; (iii) Foreclose on or otherwise lawfully pursue all or any appropriate part of the security (performance bond) provided pursuant to Section 9.2 herein; (iv) Declare the Renewal License to be revoked subject to Section 11.3 below and applicable law; (v) Invoke any other lawful remedy available to the Town. Section 11.2---REVOCATION OF THE RENEWAL LICENSE To the extent permitted by applicable law and subject to the provisions of Section 11.1 supra, in the event that the Licensee fails to comply with any material provision of the Renewal License, the Issuing Authority may revoke the Renewal License granted herein. 33 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 Section 11.3---TERMINATION The termination of the Renewal License and the Licensee's rights herein shall become effective upon the earliest to occur of. (i)the revocation of the Renewal License by action of the Issuing Authority, pursuant to Section 11.1 and 11.3 above; or (ii) the expiration of the term of the Renewal License. In the event of any termination, the Town shall have all of the rights provided in the Renewal License unless the Licensee is otherwise permitted to continue operating the Cable System pursuant to applicable law(s). Section 11.4---NOTICE TO TOWN OF LEGAL ACTION Except in an emergency situation, in the event that the Licensee or the Issuing Authority intends to take legal action against the other party for any reason, it shall first give the other parry reasonable notice that an action will be filed. Section 11.5---NON-EXCLUSIVITY OF REMEDY No decision by the Issuing Authority or the Town to invoke any remedy under the Renewal License or under any statute, law or by-law shall preclude the availability of any other such remedy. Section 11.6---NO WAIVER-CUMULATIVE REMEDIES (a) No failure on the part of the Issuing Authority or the Town,or the Licensee to exercise,and no delay in exercising, any right in the 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 the Renewal License. (b) The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in the Renewal License shall impair any of the rights of the Issuing Authority or the Town or the Licensee under applicable law, subject in each case to the terms and conditions in the 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 affect the exercise of such right or remedy or any other right or remedy by the Town 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. (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. 34 Cable Television Renewal License Town of North Andover,MA Term:ozz2.z4-8zzz.Z4 ARTICLE 12 SUBSCRIBER RIGHTS AND CONSUMER PROTECTION Section 12.1---TELEPHONE ACCESS (a) The Licensee shall comply with the applicable FCC's Customer Service Obligations at 47 C.F.R. §76.309, attached hereto as Exhibit S and as amended, during Normal Business Hours, as defined therein. (b) Pursuant to 47 C.F.R. §76.309, the Licensee's customer service call center shall have a publicly listed local or toll-free telephone number for North Andover Subscribers. (c) Pursuant to47 C.F.R. §76.309(c)/1VQ\, under Normal Operating Conditions, as defined, 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 (BO) seconds. Said standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured ona quarterly basis. (d) Pursuant to 47 C.F.R. §76.3O9a Subscriber shall receive a busy signal less than three (396) of the time, measured ona quarterly basis,under normal operating conditions. (e) Pursuant to 47 C.F.Q. §76.309 the Licensee shall not be required to acquire equipment orperform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure tocomply. Section 12.2---CUSTOMER SERVICE CALL CENTER (a) The Licensee shall maintain and operate its customer service call center twenty-four(Z4) hours 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) in the event that the Licensee does not maintain and operate its customer service oa|| center twenty- four (24) hnursaday, seven (7) doyyavveeh, theLicenseesha|| moointainate|ephoneanmvver|ngservioeto handle Subscriber inquiries, Complaints and emergencies, and provide proper referral regarding billing and other Subscriber information.The Licensee shall log all such after-hours calls.Said answering service shall (i) forward all inquiries and/or Complaints to the Licensee the morning of the next business day and (ii) inform each Subscriber calling that his or her Complaint will be referred to the Licensee's Customer Service Department for response. If requested,or reasonably warranted by the reported nature of the Subscriber's problem or inquiry, the Licensee shall promptly contact each individual Subscriber to follow-up on their individual problem and/or inquiry. Section 12.3---INSTALLATION VISITS-SERVICE CALLS-RESPONSE TIME (a)The Licensee shall provide Cable Service(s),for new aerial installations,to North Andover residents who request Service within seven/7\business days of said request,orat such time asis mutually agreed-upon bv the Licensee and said Subscriber. Underground installations shall be completed as expeditiously as possible, weather permitting. If arranging appointments for installation, the Licensee shall ypecifv in advance 35 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 whether such will occur in the morning or afternoon, or a more narrow 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 responded to the next business day. (c) The Licensee shall ensure that there are stand-by technician(s) 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, (ii) an unusual number of calls and/or (iii) a number of similar Complaint calls or a number of calls coming from the same area. (d) System outages shall be responded to promptly by technical personnel. For purposes of the 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 fifteen (15) days of receiving a request from a Subscriber to do so. Section 12.4---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 5. Section 12.5---BUSINESS PRACTICE STANDARDS The Licensee shall provide the Issuing Authority, the Cable Division and all of its Subscribers with the following information in accordance with 207 CMR 10.00 et seq., attached hereto as Exhibit 4 and made a part hereof,as the same may exist or as may be amended from time to time: (i) Billing Practices Notice; (ii)Services, Rates and Charges Notice; (iii) Form of Bill; (iv)Advance Billing and 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 12.6---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 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/inquiries,as follows: (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 36 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 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. 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 the Renewal License and the implementation of Complaint procedures Thereafter, if the Subscriber wishes to participate in further processing of the Complaint, the Subscriber shall meet jointly in North Andover with the Issuing Authority or its designee(s) and a representative of the Licensee, within thirty(30) days of the Subscriber's filing of his or her Complaint, in order to fully discuss and attempt to resolve such matter. (c) Notwithstanding the foregoing and subject to applicable privacy laws, 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 any Complaints or disputes brought by Subscribers arising from the operations of the Licensee. Section 12.7---REMOTE CONTROL DEVICES The Licensee shall allow its Subscribers to purchase, from legal and authorized parties other than the Licensee, own, utilize and program remote control devices that are compatible with the Converter(s) provided by the Licensee. The Licensee takes no responsibility for changes in its equipment that might make inoperable the remote control devices acquired by Subscribers. Section 12.8---EMPLOYEE IDENTIFICATION CARDS All of the Licensee's employees entering, or seeking entrance, 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 wear an employee identification card issued by the Licensee and bearing a picture of said employee. Section 12.9---PROTECTION OF SUBSCRIBER PRIVACY (a) The Licensee shall respect the rights of privacy of every Subscriber of the Cable Television System and shall not violate such rights through the use of any device or Signal associated with the Cable Television System,and as hereafter provided. (b) The Licensee shall comply with all privacy provisions contained in the Article 12 and all other applicable federal and state laws including, but not limited to,the provisions of Section 631 of the Cable Act. (c) 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 the policy. Section 12.10---PRIVACY WRITTEN NOTICE At the time of entering into an agreement to provide any Cable Service or other service to a Subscriber, and annually thereafter to all Cable System Subscribers, the Licensee shall provide Subscribers with written notice, as required by Section 631(a)(1) of the Cable Act, which, at a minimum, clearly and conspicuously explains the Licensee's practices regarding the collection, retention, uses, and dissemination of personal subscriber information, and describing the Licensee's policy for the protection of subscriber privacy. 37 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 Section 12.11---MONITORING (a) Unless otherwise required by court order, neither the Licensee nor its agents nor the Town nor its agents shall tap, monitor, arrange for the tapping or monitoring, or permit any other Person to tap or monitor, any cable, line, Signal, input device, or subscriber Outlet or receiver for any purpose, without the prior written authorization of the affected Subscriber; provided, however, that the Licensee may conduct system-wide or individually addressed "sweeps" solely for the purpose of verifying System integrity, checking for illegal taps, connections or Converters, controlling return-path transmission, billing for pay Services or monitoring channel usage in a manner not inconsistent with the Cable Act.The Licensee shall promptly report to the affected parties and the Issuing Authority any instances of monitoring or tapping of the Cable Television System, or any part thereof, of which it has knowledge, whether or not such activity has been authorized by the Licensee, other than as permitted herein. (b)The Licensee shall not record or retain any information transmitted between a Subscriber and any third party, except as required for lawful business purposes. Pursuant to Section 631(e) of the Cable Act, the Licensee shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information pursuant to a request from a Subscriber or pursuant to a court order. Section 12.12---DISTRIBUTION OF SUBSCRIBER INFORMATION The Licensee and its agents and/or employees shall not, without giving Subscribers an opportunity to prevent disclosure,disclose to any third party data identifying or designating any Subscriber either by name or address. Said opportunity to prevent disclosure shall be provided to each Subscriber annually through a written notice. A Subscriber shall have the right, at any time, to request the Licensee not to disclose to any third party data identifying the Subscriber either by name or address and the Licensee shall abide by this request Section 12.13---INFORMATION WITH RESPECT TO VIEWING HABITS AND SUBSCRIPTION DECISIONS Except as permitted by Section 631 of the Cable Act, neither the Licensee nor its agents nor its employees shall make available to any third party, including the Town, information concerning the viewing habits or subscription package decisions of any individual Subscriber. Section 12.14---SUBSCRIBER'S RIGHT TO INSPECT AND VERIFY INFORMATION (a)The Licensee shall promptly make available for inspection by a Subscriber at a reasonable time and place all personal subscriber information that the Licensee maintains regarding said Subscriber. (b) A Subscriber may obtain from the Licensee a copy of any or all of the personal subscriber information regarding him or her maintained by the Licensee. The Licensee may require a reasonable fee for making said copy. (c)A Subscriber may challenge the accuracy, completeness, retention, use or dissemination of any item of personal subscriber information. Such challenges and related inquiries about the handling of subscriber information shall be directed to the Licensee. The Licensee shall provide Subscriber with a reasonable opportunity to correct any errors in such information upon a reasonable showing by any Subscriber that such information is inaccurate. Section 12.15---PRIVACY STANDARDS REVIEW The Issuing Authority and the Licensee shall periodically review the Article 12 to determine that it effectively addresses appropriate concerns about privacy. The Article may be amended periodically by agreement of the Issuing Authority and the Licensee. 38 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 ARTICLE 13 REPORTS,AUDITS AND PERFORMANCE TESTS Section 13.1---GENERAL (a) Upon written request of the Issuing Authority, the Licensee shall promptly submit to the Town any information in such form and containing such information as may be reasonably requested by the Issuing Authority, 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. Section 13.2---FINANCIAL REPORTS (a) Upon written request, no later than one hundred twenty (120) days after the end of the Licensee's fiscal year, the Licensee shall furnish the Issuing Authority and/or its designee(s) with Cable Division Forms 200 showing a balance sheet sworn to by an authorized representative of the Licensee. Said forms shall contain such financial information as required by applicable law. (b)The Licensee shall provide any other reports required by State and/or federal law. Section 13.3---CABLE SYSTEM INFORMATION Pursuant to applicable law, upon the Issuing Authority's written request, the Licensee shall file annually with the Issuing Authority a statistical summary of the operations of the Cable System. Said report shall include, but not be limited to the number of Basic Service Subscribers. Section 13.4---IN-HOUSE TELEPHONE REPORTS To establish the Licensee's compliance with the requirements of Sections 12.2 and Section 12.5 of this Renewal License,the Licensee shall provide to the Issuing Authority, upon written request of the Issuing Authority on a semi-annual basis, a report of regional telephone traffic, generated from an in-house automated call accounting or call tracking system, covering Subscriber calls to the Licensee.Said reports shall include the following information and any other information that may be required by applicable law(s): (i) confirmation that, 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 (which standard shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis); and (ii) confirmation that, under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. In accordance with Section 2.3, should another cable television license be granted that does not include this requirement,the Licensee shall be relieved of this Section 13.4 obligation. Section 13.5---SUBSCRIBER COMPLAINT REPORT In accordance with the regulations of the Cable Division, the Licensee shall submit a completed copy of Cable Division Form 500,attached hereto as Exhibit 6 to the Issuing Authority,or its designee(s),as required by the Cable Division. Section 13.6---ANNUAL PERFORMANCE TESTS Upon written request of the Issuing Authority, the Licensee shall provide copies of performance tests 3 Cable Television Renewal License Town ofNorth Andover,MA Term:0l12.z*-82.zz.a4 to the Issuing Authority in accordance with FCC regulations, as set out in 47 C.F.R. §76.601 e1yeq. as may beamended. Section 13.7---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 notice tothe Licensee. The Licensee shall submit written report tothe Issuing Authority, within thirty(30) days of receipt of any such notice from the Issuing Authority, setting forth in detail its explanation mfthe problem(s). Section 13.8---DUAL FILINGS To extent required by applicable law, either party shall notify the other of any petitions, communications, and/or requests for waiver oradvisory opinion with any State or federal agency or commission pertaining to any material aspect of the Cable System operation hereunder, subject to Section 13.1 above, and upon the other party's written request, shall make available at its own expense to the other party copies of any such petitions, communications or requests. Section 13.9---ADDITIONAL UNFORMATION At any time during the term of the Renewal License, upon the reasonable request of the Issuing Authority, the Licensee shall not unreasonably deny any requests for further information which may be required to establish the Licensee's compliance with its obligations pursuant to the Renewal License and subject to Section 13.1 supra. Section 13.1B---INVESTIGATION Subject to applicable law and regulation, the Licensee and any Affiliated Person(s) shall cooperate fully and faithfully with any |avxhu| investigation, audit or inquiry conducted by 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. 40 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 ARTICLE 14 EMPLOYMENT Section 14.1---EQUAL EMPLOYMENT OPPORTUNITY The Licensee is an Equal Opportunity Employer and shall comply with applicable FCC regulations with respect to Equal Employment Opportunities. Section 14.2---NON-DISCRIMINATION The Licensee shall adhere to all federal and State laws prohibiting discrimination in employment practices. 41 Cable Television Renewal License Town of North Andover,MA Term:Ozz2.z4—o2.zz.24 ARTICLE 15 MISCELLANEOUS PROVISIONS Section 15.1---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 nre||y but only by an instrument inwriting executed by the parties. Section 1G'2---CAPTIONS The captions to sections throughout the Renewal License are intended solely to facilitate reading and reference to the sections and provisions of the Renewal License.Such captions shall not affect the meaning or interpretation of the Renewal License. Section 1G.3---SEPARABILITY If any section, sentence, paragraph, term or provision of the Renewal License is determined to be illegal, invalid or unconstitutional, by any court of competent jurisdiction or by any State or federal regulatory agency having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which shall remain in full force and effect for the term of the Renewal License. Section 1G'4---ACTS OR OMISSIONS 0FAFFILIATES During the term of the Renewal License, the Licensee shall be liable for the acts or omission of its Affiliates while such Affiliates are involved directly or indirectly in the construction, upgrade, installation, maintenance or operation of the Cable System as if the acts or omissions of such Affiliates were the acts or omissions mf the Licensee. Section 15.5--RENEWAL LICENSE EXHIBITS The Exhibits tothe Renewal License attached hereto, and all portions thereof, are incorporated herein by the reference and expressly made a part of the Renewal License. Section 1G'@---WARRANTIES The Licensee warrants, represents and acknowledges that, as of the Execution Date of the Renewal License: (i)The Licensee is duly organized,validly existing and in good standing under the laws of the State; (ii) The Licensee has the requisite power and authority under applicable |avv and its by-laws and articles of incorporation and/or other organizational documents, is authorized by resolutions ufits Board of Directors or other governing body, and has secured all consents which are required to be obtained anofthe Execution Date of the Renewal License,to enter into and legally bind the Licensee to the Renewal License and to take all actions necessary to perform all of its obligations pursuant to the Renewal License; (iii) The Renewal License is enforceable against the Licensee in accordance with the provisions herein,subject to applicable State and federal law; (iv) There are no actions or proceedings pending or threatened against the Licensee as of the 42 Cable Television Renewal License Town nfNorth Andover,MA Teno0zzaz4–&z1z.J4 Execution Date of this Renewal License that would interfere with its performance of the Renewal License;and (v) Pursuant to Section G2S(f) of the Cable Act, asuf the Execution Date of this Renewal License,the performance of all terms and conditions in this Renewal License is commercially practicable. Section 15.7---FORCE MAdEURE If by reason of Force K4 'eure either party hereto is unable in xvhm|e 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. The term "Force K4aieure" as used herein shall mean the following: acts ofGod; acts of public enemies; orders of any kind of the government of the United States of America or of the State or any of their departments, agencies, political subdivision, or officials, or any civil or military authority; insurrections; riots; epidemics; landslides; lightening; earthquakes; fires; hurricanes; volcanic activity; storms; floods; washouts; droughts; civil disturbances; explosions; strikes; environmental hazards; and unavailability of essential equipment, services and/or materials and/or other matters beyond the control of either party hereto. Section 15.8---REMOVAL OF ANTENNAS The Licensee shall not remove any television antenna of any Subscriber but shall offer to said Subscriber an adequate switching device ("4J8 Switch") to allow said Subscriber to choose between cable and non- cable television reception. Section 1G,9---SUBSCRIBER TELEVISION SETS Pursuant to M.G.L. Chapter 166A, Section S(d), the Licensee shall not engage directly or indirectly inthe business of selling or repairing television or radio sets; provided, however, that the Licensee may make adjustments to television sets in the course of normal maintenance. Section 15.10---APPLICABILITY OF RENEWAL LICENSE All of the provisions in the Renewal License shall apply to the Town, the Licensee, and their respective successors and assignees. Section 15.11—NOTICES (e) Every notice to be served upon the Issuing Authority shall be delivered,or sent by certified mail (postage prepaid) tothe Board of Selectmen, Town of North Andover, Town Hall, 120 Main Street, North Andover, Massachusetts 01845,with one(1)copy to the Town Counsel,and one(1)copy to the Cable Advisory Committee at the North Andover Town Hall, or such other address as the Issuing Authority may specify in writing to the Licensee. The delivery shall be equivalent to direct personal notice, direction or order,and shall be deemed to have been given at the time ofmailing. (b) Every notice served upon the Licensee shall be delivered or sent by certified mail (postage prepaid)to the following addresses.The delivery shall be equivalent to direct personal notice, direction or order, and shall be deemed to have been given at the time ofreceipt: Cmnlmast Cable Communications, Inc. Attn:Vice President,Government Relations 33O Billerica Rd. Chelmsford, Massachusetts 01824 43 Cable Television Renewal License Town of North Andover,*N Tenn 0l12.24-8I12.24 with one(1) copy to: Comcast Cable Communications, Inc. Vice President,Government Affairs G7G Island Pond Road Manchester, New Hampshire O31O9 and one(1)copy to: ConncastCab|e Communications, Inc Attn: Government Affairs One ConmcastCenter Philadelphia, Pennsylvania 191O3 (c) Whenever notice of any public hearing relating to the Cable System is required by law, regulation or the Renewal License,the Issuing Authority shall publish notice of the same, sufficient to identifV its time, place and purpose,inaV North Andover newspaper uf general circulation. (d)Subject tm subsection(c)above,all required notices shall beinwriting. Section 1G'12---NO RECOURSE AGAINST THE ISSUING AUTHORITY in accordance with Section 635A /a\ of the Cable Act, the Licensee shall have no recourse whatsoever against the Issuing Authority, the Town and/or its officials, boards, commissions, committees, advisors, designees, agents, and/or its employees other than injunctive relief or declaratory relief, arising out of any provision or requirements of the Renewal License or because of enforcement of the Renewal License. Section 15.13--TOWN'S RIGHT OF INTERVENTION The Town hereby reserves to itself, as authorized by applicable law and/or regulation,to intervene in any suit, action or proceeding involving the Renewal License, or any provision in the Renewal License; provided, however,that this section shall not restrict the right of the Licensee to oppose such intervention, pursuant tm applicable law. Section 15'14---TERM All obligations of the Licensee and the Issuing Authority set forth in the Renewal License shall commence upon the execution of the Renewal License and shall continue for the term of the Renewal License except as expressly provided for otherwise herein. 44 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 EXHIBITS 4 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 EXHIBIT 1 FCC TECHNICAL SPECIFICATIONS TITLE 47—TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE §76.605 Technical standards. (a) As of December 30, 1992, unless otherwise noted, the following requirements apply to the performance of a cable television system as measured at any subscriber terminal with a matched impedance at the termination point or at the output of the modulating or processing equipment (generally the headend) of the cable television system or otherwise as noted. The requirements are applicable to each NTSC or similar video downstream cable television channel in the system: (1)(i) The cable television channels delivered to the subscriber's terminal shall be capable of being received and displayed by TV broadcast receivers used for off-the-air reception of TV broadcast signals,as authorized under part 73 of this chapter;and (ii) Cable television systems shall transmit signals to subscriber premises equipment on frequencies in accordance with the channel allocation plan set forth in the Electronics Industries Association's "Cable Television Channel Identification Plan, EIA IS-132, May 1994" (EIA IS-132). This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 522(a) and 1 CFR Part 51. Cable systems are required to use this channel allocation plan for signals transmitted in the frequency range 54 MHz to 1002 MHz. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C.522(a) and 1 CFR Part 51. Copies of EIA IS-132 may be obtained from:Global Engineering Documents,2805 McGraw Ave., Irvine CA 92714. Copies of EIA IS-132 may be inspected during normal business hours at the following locations: Federal Communications Commission, 1919 M Street, NW, Dockets Branch (Room 239), Washington, DC, or the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. This requirement is applicable on May 31, 1995,for new and re-built cable systems,and on June 30, 1997,for all cable systems. (2) The aural center frequency of the aural carrier must be 4.5 MHz ± 5 kHz above the frequency of the visual carrier at the output of the modulating or processing equipment of a cable television system,and at the subscriber terminal. (3)The visual signal level, across a terminating impedance which correctly matches the internal impedance of the cable system as viewed from the subscriber terminal,shall not be less than 1 millivolt across an internal impedance of 75 ohms(0 dBmV).Additionally,as measured at the end of a 30 meter(100 foot)cable drop that is connected to the subscriber tap, it shall not be less than 1.41 millivolts across an internal impedance of 75 ohms(+3 dBmV). (At other impedance values, the minimum visual signal level, as viewed from the subscriber terminal, shall be the square root of 0.0133 (Z) millivolts and, as measured at the end of a 30 meter (100 foot) cable drop that is connected to the subscriber tap, shall be 2 times the square root of 0.00662(Z) millivolts, where Z is the appropriate impedance value.) (4)The visual signal level on each channel, as measured at the end of a 30 meter cable drop that is connected to the subscriber tap,shall not vary more than 8 decibels within any six-month interval,which must include four tests performed in six-hour increments during a 24-hour period in July or August and during a 24-hour period in January or February,and shall be maintained within: (i)3 decibels(dB)of the visual signal level of any visual carrier within a 6 MHz nominal frequency separation; (ii) 10 dB of the visual signal level on any other channel on a cable television system of up to 300 MHz of cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 MHz of cable distribution system upper frequency limit (e.g., 11 dB for a system at 301-400 MHz; 12 dB for a system at 401-500 MHz, etc.); and (iii)A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal does not occur. 46 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 (5)The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the associated visual signal level. This requirement must be met both at the subscriber terminal and at the output of the modulating and processing equipment (generally the headend). For subscriber terminals that use equipment which modulate and remodulate the signal (e.g., baseband converters), the rms voltage of the aural signal shall be maintained between 6.5 and 17 decibels below the associated visual signal level at the subscriber terminal. (6)The amplitude characteristic shall be within a range of±2 decibels from 0.75 MHz to 5.0 MHz above the lower boundary frequency of the cable television channel, referenced to the average of the highest and lowest amplitudes within these frequency boundaries. (i) Prior to December 30, 1999,the amplitude characteristic may be measured after a subscriber tap and before a converter that is provided and maintained by the cable operator. (ii)As of December 30, 1999,the amplitude characteristic shall be measured at the subscriber terminal. (7)The ratio of RF visual signal level to system noise shall be as follows: (i)From June 30, 1992,to June 30, 1993,shall not be less than 36 decibels. (ii) From June 30, 1993 to June 30, 1995,shall not be less than 40 decibels. (iii)As of June 30, 1995,shall not be less then 43 decibels. (iv) For class I cable television channels, the requirements of paragraphs (a)(7)(i), (a)(7)(ii) and (a)(7)(iii) of this section are applicable only to: (A) Each signal which is delivered by a cable television system to subscribers within the predicted Grade B contour for that signal; (B) Each signal which is first picked up within its predicted Grade B contour; (C) Each signal that is first received by the cable television system by direct video feed from a TV broadcast station, a low power TV station,or a TV translator station. (8) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermodulation products, second and third order distortions or discrete-frequency interfering signals not operating on proper offset assignments shall be as follows: (i) The ratio of visual signal level to coherent disturbances shall not be less than 51 decibels for noncoherent channel cable television systems,when measured with modulated carriers and time averaged;and (ii) The ratio of visual signal level to coherent disturbances which are frequency-coincident with the visual carrier shall not be less than 47 decibels for coherent channel cable systems,when measured with modulated carriers and time averaged. (9)The terminal isolation provided to each subscriber terminal: (i)Shall not be less than 18 decibels. In lieu of periodic testing,the cable operator may use specifications provided by the manufacturer for the terminal isolation equipment to meet this standard;and (ii) Shall be sufficient to prevent reflections caused by open-circuited or short-circuited subscriber terminals from producing visible picture impairments at any other subscriber terminal. (10) The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive transients) generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the visual signal level. Measurements Trade on a single channel using a single unmodulated carrier may be used to demonstrate compliance with this parameter at each test location. (11) As of June 30, 1995, the following requirements apply to the performance of the cable television system as measured at the output of the modulating or processing equipment(generally the headend)of the system: (i) The chrominance-luminance delay inequality (or chroma delay), which is the change in delay time of the chrominance component of the signal relative to the luminance component,shall be within 170 nanoseconds. (ii) The differential gain for the color subcarrier of the television signal, which is measured as the difference in amplitude between the largest and smallest segments of the chrominance signal (divided by the largest and expressed in percent),shall not exceed±20%. (iii) The differential phase for the color subcarrier of the television signal which is measured as the largest phase difference in degrees between each segment of the chrominance signal and reference segment (the segment at the blanking level of O IRE),shall not exceed±10 degrees. (12) As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard to the type of signals carried by the cable television system, signal leakage from a cable television system shall be measured in accordance with the procedures outlined in § 76.609(h) and shall be limited as follows: 47 Cable Television Renewal License Town of North Andover,MA Term:02.12.14-02.11.24 ----------------------------------------------------------------------------------------------- Signal leakage Frequencies limit Distance in (micro-volt/ meters(m) meter) ----------------------------------------------------------------------------------------------- Less than and including 54 MHz,and over 216 MHz 15 30 Over 54 up to and including 216 MHz 20 3 ----------------------------------------------------------------------------------------------- (b) Cable television systems distributing signals by using methods such as nonconventional coaxial cable techniques, noncoaxial copper cable techniques, specialized coaxial cable and fiber optical cable hybridization techniques or specialized compression techniques or specialized receiving devices, and which, because of their basic design, cannot comply with one or more of the technical standards set forth in paragraph (a) of this section, may be permitted to operate: Provided, That an adequate showing is made pursuant to § 76.7 which establishes that the public interest is benefited. In such instances, the Commission may prescribe special technical requirements to ensure that subscribers to such systems are provided with an equivalent level of good quality service. Note 1: Local franchising authorities of systems serving fewer than 1000 subscribers may adopt standards less stringent than those in § 76.605(a). Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records. Note 2: For systems serving rural areas as defined in § 76.5, the system may negotiate with its local franchising authority for standards less stringent than those in §§ 76.605(a)(3), 76.605(a)(7), 76.605(a)(8), 76.605(a)(10) and 76.605(a)(11). Any such agreement shall be reduced to writing and be associated with the system's proof-of- performance records. Note 3:The requirements of this section shall not apply to devices subject to the provisions of§§ 15.601 through 15.626. Note 4: Should subscriber complaints arise from a system failing to meet § 76.605(a)(6) prior to December 30, 1999, the cable operator will be required to provide a converter that will allow the system to meet the standard immediately at the complaining subscriber's terminal. Further, should the problem be found to be system-wide, the Commission may order all converters on the system be changed to meet the standard. Note 5: Should subscriber complaints arise from a system failing to meet § 76.605(a)(10), the cable operator will be required to remedy the complaint and perform test measurements on § 76.605(a)(10) containing the full number of channels as indicated in § 76.601(b)(2) at the complaining subscriber's terminal. Further, should the problem be found to be system-wide,the Commission may order that the full number of channels as indicated in§ 76.601(b)(2) be tested at all required locations for future proof-of-performance tests. Note 6: No State or franchising authority may prohibit, condition, or restrict a cable system's use of any type of subscriber equipment or any transmission technology. [37 FR 3278, Feb. 12, 1972, as amended at 37 FR 13867,July 14, 1972;40 FR 2690,Jan. 15, 1975;40 FR 3296,Jan. 21, 1975;41 FR 53028, Dec.3,1976;42 FR 21782,Apr.29, 1977;47 FR 21503, May 18,1982;50 FR 52466, Dec.24, 1985; 51 FR 1255, Jan. 10, 1986; 52 FR 22461, June 12, 1987; 57 FR 11002, Apr. 1, 1992; 57 FR 61010, Dec. 23, 1992;58 FR 44952,Aug. 25, 1993; 59 FR 25342, May 16, 1994; 61 FR 18510, Apr. 26, 1996; 61 FR 18978,Apr. 30, 1996;65 FR 53616,Sept.5,2000] 4 Cable Television Renewal License Town of North Andover,AA 7enn02.22.z4-82.11.24 EXHUBIT 2 PROGRAMMING AND SIGNAL CARR&GE The Licensee shall provide the following broad categories of Programming: + News Programming; +Sports Programming; + Public Affairs Programming; +ChUdnen's Programming; + Entertainment Programming; and * Local Programming. For informational purposes, it is the Licensee's intention to have the following channel line-up upon the Execution Date of the Renewal License, subject to applicable |axv and the Licensee's editorial discretion. (See Attached) 49 Cable Television Renewal License Town oyNorth Andover,MA Term:&zz2.z4—ozz1.24 EXN|BIT 3 GROSS ANNUAL REVENUES REPORT[N FORM* COK80AST OF MASSACHUSETTS K, Inc. TOWN OFNORTH ANDOVER Period: [enter period of which payment isbased] Totals Totals byService: Basic and Cable Service Revenue $ [enter amount] Pay Service Revenue' $ [enter amount] Other Unregulated Revenue 2 $ [enter amount] Digital Revenue Subtotal $ [enter subtotal] Totals by Non Service: Home Shopping Revenue Advertising Revenue Leased Access Revenu $ [enteromuunt] Less Bad Debt/Add Bad Debt Paid Subtotal: $ [enter subtotal] Total Gross Revenue $ [enter total] License Fee(2.7U%oras adjusted pursuant tn Renewal License Section 6.4)) [enter%oftotal] License Fee Due 1—Pay Service includes all Pay Channels and Pay Per View Movie/Event revenue. 2 — Other Unregulated includes converter, remote, installation, TV Guide, wire maintenance and other billing adjustments. *In the event of any inconsistency between this form and the definition of Gross Annual Revenues as set forth in Article|,said definition shall control. Authorized ComcastRepresentative: Name: 50 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 EXHIBIT 4 BILLING AND TERMINATION OF SERVICE 207 CMR 10.00 BILLING AND TERMINATION OF SERVICE 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 51 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 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; (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 52 Cable Television Renewal license Town of North Andover,MA Term:02.12.14—02.11.24 (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. 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. 53 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 EXHIBIT 5 FCC CUSTOMER SERVICE OBLIGATIONS TITLE 47--TELECOMMUNICATION CHAPTER 1--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. 54 Cable Television Renewal License Town of North Andover,MA Tenn 0I12.14-02.11.24 (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 o 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. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment asscheduled, the customer will be contacted. The appointment will be rescheduled, as necessary,ata time that is convenient for the customer. (3)Communications between cable operators and cable subscriben- (i) Notifications to subscribers-- (A)The cable operator shall provide written information on each of the following areas at the time ofinstallation of service,at least annually to all subscribers,and at any time upon request: (1)Products and services offered; (%) Prices and options for programming services and conditions of subscription to programming and other services; (S) Installation and service maintenance policies; (4)Instructions nn how 10 use the cable service; (S)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. |m addition,the cable operator shall notify subscribers thirty (]O) 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 deer, 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. (8) in case of 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— 55 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 (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. 56 Cable Television Renewal License Town of North Andover,MA Term:02.12.14—02.11.24 EXHIBIT 6 CABLE DIVISION FORM 500 (See Attached) 57 Q; Ln C N N j H Q Q ° Form 500 Complaint Data - Paper Filing H v z City/Town: Cable Company: o o Address: fi Filing Year: Address: Number of Subscribers: Contact: Phone: E-Mail: Avgerage Resolution Time: <1> Less than 1 Day, <2> 1-3 Days, <3>4-7 Days, <4> 8-14 Days, <5> 15-30 Days, <6> >34 Days Manner of Resolution: A.Resolved to the satisfaction of both parties., B.Resolved,customer dissatisfied., C.Not Resolved. Avg. Manner of Resolution(see code key above for the manner Total Resolution represented by the letters below)The number below Complaints Time(see each letter indicates the number of complaints resolved code above) in that manner. (��� A. B. C. jAdvertisi€tg/Marketing A itttttr nttSere7Ce Call Billing - GustornerService Defective Notice Q Equipment �� lnstatlation E- itec ,ion Service lrr; tiott C� � � � (�� 1.tna6le to Cantu t Coble Television Renewal License Town ofNorth Andover,MA 7ennu2.z2.1w—uzzu.24 SIGNATURE PAGE In Witness Whereof,this Renewal Cable Television License is hereby issued by the Board of Selectmen of the Town of North Andover, Massachusetts, as Issuing Authority, 1his_____ day of 3013, and all terms and conditions are hereby agreed to by Con-icast of Massachusetts/New Hampshire,LLC. The North Andover Board ofSelectmen, as Issuing Authority: William F.Gordon,Chairman Tracy K4.Watson,Selectman Donald B.Stewart,Selectman Rosemary Connelly Smedi|e,Selectman Richard K4.Vai||ancourLSelectman Commcas%mf Massachusetts 1,Inc. By: Stephen Hach|ey,Sr.Vice President Greater Boston Region Approved astmform: By: William August, Esq. Special Counsel Town of North Andover 59 uwnpa c��nmnm�u�om.|u�(�Omcast. /u Tozer Road Beverly,MA 01915 978,927.5700 Tel June 24, 2013 978.927.6074 Fax www.:umouocovm Board ofSelectmen Town of North Andover 12O Main Street North Andover, MA01845 Re: Discount for Eligible Senior Citizens Dear Members of the Board: The purpose of this letter is to outline Comcast's (the Company's) senior citizen discount to be provided to qualified North Andover subscribers. The discount will be offered within three (3) months of the February 12, 2014 effective date of the Cable Television Renewal License and will end on February 21, 2024.The Company reserves the right to modify such program at its sole discretion. Although the Company offers o level of Basic Service that it feels is affordable, vve are pleased tobeable to provide a discount to qualified senior citizens in North Andover. To that end, the Company will voluntarily offer a discount of ten percent(10%) off its Limited Basic Service tier of cable service to those persons age sixty-five /65\ or older, who are heads ofhouseholds and receiving SS| or Medicaid benefits under Social Security or receiving Massachusetts Fuel Assistance. The subscriber must be able to show proof ofqualifications. Acceptable documentation would be the following: Proof of Agm—Driver'sLicense, BirthCertificateorPassport Head mf Household—Lease, Deed or Tax Bill Benefits—Documentation confirming receipt of SSI or Medicaid benefits under Social Security or Massachusetts Fuel Assistance In the event Comcast adopts and offers a statewide senior citizen discount program, Comcast reserves the right to implement such program in the Town of North Andover. Sincerely, -` Jane M. Lyman Sc Manager ofGovernment and Regulatory Affairs cc: William August, Esq.,Special Counsel,Town of North Andover Robert H.Carr,Jr., Comcast Regional Director of Government and Regulatory Affaits �mo�t Cmm�mm��ow, |n�C�Omcast 12 Tozer Road Beverly,mmmmo 978.927.5700 Tel 978.927.6074 Fax www,comcast,00m June 19,3013 VIA OVERNIGHT MAIL Board ofSelectmen Town of North Andover 12O Main Street North Andover, MA 01845 Re: Town mf North Andover—informal Renewal Proposal Dear Chairman and Members ofthe Board: Cumncaat of Massachusetts |, Inc. (°Comncayt") is pleased to submit the Department of Telecommunications and Cable's Form 100 and required $100 filing fee in accordance with 47 U.S.C. 546/h\, which requires the cable operator submit a renewal proposal for review and action by the Issuing Authority /a copy of the relevant statute is enclosed). This filing is procedural in nature as the Town and Conncast continue informal renewal discussions toward a mutually acceptable renewal license. In addition, we have included a copy of the Renewal Proposal for the Town Clerk (the Town Clerk's copy is to be made available for public inspection during regular business hours at Town Hall). We believe this proposal meets the community cable-related needs and interests while taking into account the costs to individual subscribers. | look forward to continuing our conversations and to finalizing this renewal license agreement. Meese do not hesitate to contact me at978.927.57OOX43O24 should you have questions. Sincerely, ~_ � ___ ]ane^KH� an-' Sr. Manager of Government Q' Regulatory Affairs Enclosure cc: Town Clerk—Town of North Andover Matthew Killen—Town mf North Andover William August, Esq. CatriceVVi||iamna—Massachusetts Cable Television Division Municipal Liaison Conmcas1 Division Government 8' Regulatory Affairs COMCAST FINANCIAL AGENCY CORPORATION REMITTANCE ADVICE ccomcast A Comcast Cable Communications Group Company 1701 JFK Boulevard Philadelphia, PA 19103-2838 No. 209835284 Date, 11-JUN-13 Vendor Name: NORTH ANDOVER TOWN OF MA Vendor No. : 150332 ........... .......... ........... .......... INVOICE NO. INVOICE ACCOUNT DESCRIPTION DISCOUNT NET AMOUNT DATE NUMBER AMOUNT .1 07-JUN-13 .....State. —-------------- Filing Fee .. of 0.00 100.00 ........... .......... ............... ............. ..................... .................. TOTAL 0.00 100.00 ............... JPMorgan Chase,N.A. Columbu ,OH 43271 (�Omcast 56-18544/441 COMCAST FINANCIAL AGENCY CORPORATION A Comcast Cable Communications Group Company 1701 JFK Boulevard Philadelphia,PA 19103-2838 Pay One Hundred Dollars And 00 100.00 To NORTH ANDOVER TOWN OF MA The BOARD OF SELECTMEN Eder 120 MAIN ST O NORTH ANDOVER, MA 01845 Authorized Signature 0209835 28411n 1'*'0441154431: 6755 21 COMMONWEALTH OF MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION Y DEPARTMENT OF TELECOMMUNICATIONS & ENERGY Cable Television Division FORM 100 LICENSE APPLICATION Applicant: Comcast of Massachusetts I, Inc. Authorized Officer(Signature): Municipality: Town of North Andover, Massachusetts Date Submitted to Municipality: June 19, 2013 Type of Application: Initial License X Renewal License Nature of Application: Formal Proposal pursuant to 47 U.S.C. § 546(a) X Informal Proposal pursuant to 47 U.S.C. § 546(h) Proposed License and/or Supporting Materials Attached: X Yes No IDENTIFICATION OF APPLICANT 1. Name, corporate address, and corporate telephone number of applicant. Comcast of Massachusetts 1, Inc. One Comcast Place 1701 John F. Kennedy Blvd. Philadelphia, PA 19103 Tel: 215.665.1700 2. Name, title, business address, business telephone number, and email address of applicant's Authorized Officer. Attach as Exhibit A evidence of Authorized Officer's authority. Mark E. Reilly Sr. Vice President of Government Affairs Comcast Cable Communications, Inc. 676 Island Pond Road Manchester, NH 03109 Tel: 603.695.1400 Email: mark—reilly@cable.comcast.com 3. Name, title, business address, business telephone number, and email address of individual to whom communications should be sent if different from Authorized Officer. Timothy Murnane Vice President of Government Affairs Comcast Cable Communications, Inc. 330 Billerica Rd Chelmsford, MA 01824 978-848-5142 Email: tim—murnane@cable.comcast.com GENERAL LICENSE INFORMATION 4. Indicate number of years for which initial or renewal license is requested. A 10-year license renewal from the expiration of the current license is requested. 5. Indicate proposed start date of initial or renewal license. Applicant proposes to commence the new renewal license the day following the current license expiration date. 2 6. For initial license: State whether applicant currently holds licenses or has pending applications in any other Massachusetts municipality. If yes, provide detailed information as to the municipality and license status. Not Applicable. 7. State whether applicant has been a party to any fully adjudicated license-related legal action (e.U., breach of license, denial of license) in any jurisdiction. If yes, provide detailed information on each such legal action, including the disposition. Applicant has not been a party to any fully adjudicated license-related legal action. 8. State the amount of insurance applicant proposes to carry for the cable system in accordance with G.L. c.166A, 5(c). State whether applicant proposes to carry insurance in addition to that required by the statute, and if so,the purpose and amount. Property Damage: $1,000,000 (per accident) Personal Injury: $1,000,000 (per person or accident) Umbrella Policy: $5,000,000 Workers' Compensation: Statutory Limits Comcast currently carries insurance in these amounts listing the Town of North Andover as an additional insured. 9. State the proposed amount of bonding that will be submitted in accordance with G.L.c. 166A, 5(k). Comcast proposes a $50,000 performance bond throughout the term of the renewal license. 10. State whether applicant's proposed subscriber privacy policy complies with federal and state law and regulation. If not, explain. Yes. 11. Describe applicant's proposed procedures for handling customer service inquiries during the term of the license, including but not limited to subscriber complaints. For renewal license, applicant may attach as Exhibit B its most recent copy of Billing & Termination Filing and Subscriber Privacy Notice. 3 RATES AND SERVICES 12. For initial license: List broadcast television signals applicant proposes to carry. For renewal license: State whether applicant's proposed broadcast and cable offerings will differ significantly from offerings currently available in the municipality. Applicant may also attach as Exhibit C current channel lineups for all service tiers, including broadcast and cable channels. Comcast does not have any current plans for significant changes in broadcast and cable offerings from what is being offered today. 13. List separately those channels that are current must carry and those channels that are currently carried pursuant to retransmission consent. Note: Channels that are must carry and retransmission consent may change throughout the license term beyond the cable operator's control. The following channels are current must carry within the Boston DMA. WGBH-2 (PBS) WBZ-4 (CBS) WCVB-5 (ABC) WHDH-7 (NBC) WMUR-9 (ABC) WWDP-DT WLVI-56 (CW) WFXT-25 (FOX) WSBK-38 (MyTV) WBPX-68 (ION) WGBX-44 (PBS) WUNI-27 (UNI) WNEU-60 (TELEMUNDO) WMFP-62 (IND) WUTF-66 (UniMas) WYDN-48 (DAYSTAR) 14. State whether applicant proposes to offer or continue to offer non-automated local origination programming. If yes, describe in detail the starting date that such programming will be available, the types of programming, the hours per week, the quantity of programming applicant expects to produce within the service area, how the programming will serve the specific needs of the municipality, and applicant's policy regarding making time available for discussion of controversial issues of public importance. Also, list the schedule of fees to access users for production costs and use of origination equipment. 4 Comcast proposes to provide financial support to the Town of North Andover or its designee, with such terms as indicated in Article 6 of the proposed Cable Television Renewal License. 15. State whether applicant plans to offer or continue to offer public, educational, and governmental access channel(s). If yes, provide the amount and type of financial support, the location of the facilities, the facilities and equipment available (including the cost of such equipment and facilities), the hours of operation, and whether there will be technical assistance available. Comcast proposes to make available three (3) PEG Access channel for use by the Town of North Andover or its designee, with such terms as indicated in Article 6 of the proposed Cable Television Renewal License. In addition, Comcast proposes to financially support an Access Corporation serving the Town of North Andover responsible for PEG Access operations, including equipment and facilities, with such terms as indicated in Article 6 of the proposed Cable Television Renewal License. 16. If applicant plans to offer or maintain an institutional network (I•Net), attach as Exhibit ,a technical description of the system. Not applicable. FOR INFORMATIONAL PURPOSES ONLY: 17. Provide a complete listing of all proposed subscriber fees, including those for both regulated and non-regulated cable services, installation, and equipment. For renewal licenses, applicant may attach as Exhibit D a current rate card. 18. State whether applicant proposes to offer or continue to offer any additional services in the municipality that are not subject to regulation as a cable service, and if so, provide description. Comcast currently offers the following NON-cable related services in North Andover: 1) Modem Service — An always on, high speed, cable modem based Internet access service to residential customers. In addition to offering speeds significantly faster than conventional phone line based services, Comcast's Internet service offers features such as exclusive broadband and local content; free support 24 hours a day, 7 days a week; multiple email accounts; professional in-home installation; and more. 2) Digital Voice Service—A single home connection to unlimited local calling, in-state and state-to-state direct-dialed long distance calls, packaged with preferred features combined with local and long distance calling. 5 TECHNICAL INFORMATION: 19. State whether the proposed service area is included in a regional cable system. If yes, list all of the other communities in the regional system served by the headend(s)that will be used for the proposed service area and the location of such headend(s). If no, state where the headend(s)will be located in the service area. The area served is part of a regional cable system. Communities served by this regional cable system are: Andover, Georgetown, Groveland, Haverhill, Methuen, North Andover and North Reading. The system is currently served by a headend located in Lawrence. 20. If the proposed service area is not the entire municipality, specify the nature of the area (g.K. , neighborhood) and explain why the entire municipality will not be served. The area served is the entire municipality, subject to the limitations set forth in Section 3.1 of the draft proposed Cable Television Renewal License. 21. Describe in detail any problems applicant foresees in extending service to all parts of the proposed service area. Please see Section 3.1 of the proposed Cable Television Renewal License. 22. Construction: For initial license, indicate the time period in which applicant proposes to begin and complete full-scale construction. For renewal license, state whether applicant plans significant upgrade or rebuild activity during the renewal term, and if so, file as Exhibit E a description of the proposed changes and projected dates for the commencement and completion of construction. Comcast recently enhanced the cable system serving the North Andover. In addition to other benefits, the enhancement provided digital picture and sound on all Expanded Basic Service channels allowing for additional High-Definition content to be added to the channel lineup. There are no further plans to upgrade the cable system in North Andover at this time. The current cable system has the capability to offer advanced services. 23. Attach as Exhibit E a technical description of the system, including a strand or street map showing the extent of cable plant in the municipality. Comcast shall continue to make available to all residents of the Town a minimum seven hundred fifty Megahertz (750 MHz) Cable System. 6 24. Describe the equipment applicant proposes to offer or continue to offer at the subscriber terminal (e.g., remote control, analog converter, digital converter, high definition converter, digital video recorder). Comcast does make available, for a monthly charge, devices specific to the service tier requested by a subscriber, including digital video recorders and remote controls. Equipment available to North Andover subscribers can be found in Exhibit D. 25. State whether applicant's proposed safety measures for the cable system comply with federal and state law and regulations. Yes, Comcast complies with federal and state laws and regulations. 26. State whether applicant's Emergency Alert System (EAS) complies with federal and state law and regulations. Yes, Comcast complies with federal and state laws and regulations. OWNERSHIP AND FINANCIAL INFORMATION: 27. If applicant is a publicly-traded corporation or subsidiary of a publicly-traded corporation, attach as Exhibit _ a copy of the corporation's most recent annual report to stockholders. Otherwise, attach as Exhibit F an audited financial statement as of the most recent audit, showing applicant's financial position. Comcast's most recent annual report can be found at http:/Iwww.cmcsa.com. Hard copies are available upon request. If the status and composition of any assets or liabilities on the audited financial statement is not clearly defined by the respective titles, attach as Exhibit F schedules that provide a definition of such terms. If recent financial information, Lie, an annual report or an audited financial statement, is not available, complete the Supplement to License Application. 28. Provide as Exhibit F the following system information as of the last complete year for which the data is available: a. Total Homes in Service Area (passed and not passed by cable system) b. Homes Passed by Cable System c. Cable Subscribers d. Aerial Miles Constructed e. Underground Miles Constructed f. Total Cable Subscriber Revenues in Service Area 7 29. Indicate appropriate business structure for applicant: Individually owned Corporation serving one community Corporation operating cable systems in more than one community, but there X operations are not separate corporation Partnership Other(specify) 30. Complete a "corporate family tree" for each of the corporations or other business entities listed in the following levels. For example, if there is one corporation named in Level 0,two in Level 1, one in Level 2, one in Level 3,two in Level A, and none in Level B, seven sets of responses must be filed, one for each of the seven corporations or other business entities identified in the"corporate family tree." In simplified fashion, such a "tree" might look like this: Level 3 Parent Parent Parent Parent Parent Parent Level 2 Parent Par�nt I Parent Par�nt I Parent Parint I Level 1 Parent C4. Parent C4. Parent Corp` Level 0 APPLI T Level ASubsidiary Corp. .S, scriary C4. Sub i�Corp. Level BSub. Su� Sub. Su4 Sub. Su� Level 0: Provide the name,city,and state of principal office. Level 1: Provide the name,city,and state of principal office for any corporation or other business entity that owns 25%or more of the voting stock of the reporting cable system named in Level 0. Level 2: Provide the name,city,and state of principal office for any corporation or other business entity that owns 25% or more of the voting stock of the entity or entities named in Level 1. In each case, indicate which entity in Level 1 is the subsidiary of the entity named in Level 2. Level 3: Provide the name,city,and state of principal office for any corporation or other business entity that owns 25% or more of the voting stock of the entity or entities named in Level 2. In each case, indicate which entity in Level 2 is the subsidiary of the entity named in Level 3. Level A: If applicant (Level 0) owns 25% or more of the voting stock of any corporation or other business entity,provide the name,city,and state of principal office. 8 Level B: If the entity or entities named in Level A owns 250 or more of the voting stock of a corporation or other business entity, provide the name, city, and state of principal office. in each case, indicate which entity in Level A is the parent of the entity named in Level B. Please see as Exhibit G . 31. For corporations, provide as Exhibit—a list of all officers and directors (whether or not they own stock) and stockholders who own 1% or more of the voting stock of the corporation, as well as the city and state of residence and corporate position. If an ownership interest exists, record this to the nearest whole percent based on the total number of outstanding shares of voting stock in the corporation, exclusive of treasury stock. Where stock is held by a stockholder in a street name, this fact should be noted, but no further information concerning such stockholder need be furnished. OR For partnership, list the name, city, and state of residence, and percent of interest in the partnership of each general or limited partner. One hundred percent (100%) of the Applicant's common stock is wholly-owned by Conicast MO of Delaware, LLC. There is no designation for voting stock. 32. Has any individual named in Question 31 been found guilty of any felony in any federal or state court within the past ten years? If yes, submit as Exhibit a statement disclosing the individual and matters involved and identifying the court and proceeding by date and file numbers. Not Applicable. 33. If any individuals listed in Question 31 are aliens, submit as Exhibit a list of their names, addresses, and nationalities. 34. If applicant is unable to supply all of the information requested herein for itself or any of the corporations or other business entities named, submit as Exhibit a list of those individuals or business entities for which any of the requested information is not being furnished, and include a detailed explanation of why the omitted material is unavailable. 91 SUPPLEMENT TO LICENSE APPLICATION This Supplement to the License Application must be completed by any applicant that is not able to provide an annual report or an audited financial statement for its most recently completed fiscal year. In completing Schedules A through E, provide pro forma information for each year in a ten-year projected period. In completing Schedule F, appropriate documentation must be provided to ensure the applicant has secured the proper financial commitment. SCHEDULE A: ASSETS CURREN ASSETS Cash and Equivalents Accounts Receivable, Less Allowances Inventory Prepaid Expenses Other Current Assets TOTAL CURRENT ASSETS FIXED OPERATING ASSETS Land Buildings Headend Equipment Trunk and Distribution Equipment Subscriber Devices Other Fixed Operating Assets Construction Work in Progress TOTAL FIXED OPERATING ASSETS Accumulated Depreciation NET FIXED OPERATING ASSETS OTHER OPERATING ASSETS Franchise Acquisition Costs Excess Fair Value Goodwill Other Intangible Assets TOTAL OTHER ASSETS Accumulated Amortization NET OTHER ASSETS TOTAL NET ASSETS 10 SCHEDULE B. LIABILITIES CURRENT LIABILITIES Accounts Payable Subscriber Advance Payments and Deposits Debt Due Within One Year Current Taxes Payable Other Current liabilities TOTAL CURRENT LIABILITIES NON-CURRENT LIABILITIES Long-Term Debt Notes Payable Bonds Payable Obligation on Capitalized Leases Deferred Taxes Other Non-Current Liabilities TOTAL NON-CURRENT LIABILITIES OWNER'S EQUITY Net Assets Due From/To Parent Company Capital Stock Retained Earnings—Gross Accumulated Dividends Other Owner's Equity TOTAL OWNER'S EQUITY TOTAL LIABILITIES AND EQUITY SCHEDULE C: LOCAL CHARACTERISTICS CONSTRUCTION AND SUBSCRIBERS Total Homes in Service Area Aerial Miles Constructed Underground Miles Constructed TOTAL Miles Constructed Homes Passed by Cable Subscribers at End of Year 11 SCHEDULED: OPERATING INCOME SUBSCRIBER REVENUE Installation Income Equipment Revenue Basic Service Tier Revenue Cable Programming Service Tier Revenue Premium Service Revenue Per Program or Per Channel Revenue Other Subscriber Revenue TOTAL SUBSCRIBER REVENUE NON-SUBSCRIBER REVENUE Advertising Income Other Income TOTAL NON-SUBSCRIBER REVENUE TOTAL OPERATING INCOME SCHEDULE E: OPERATING EXPENSES DIRECT OPERATING EXPENSES Programming Expenses Net Bad Debt and Collection Expenses Salaries and Benefits Repairs and Maintenance Light, Heat, and Power Pole and Duct Rental Administration-Office and Billing Marketing Local Origination Other TOTAL OPERATING EXPENSES DEPRECIATION AND AMORTIZATION Depreciation Amortization TOTAL DEPRECIATION AND AMORTIZATION TOTAL EXPENSES 1 SCHEDULE F: DEBT FINANCING DEBT FINANCING PLAN Provide the commencement date, interest rate, repayment terms, and outstanding amount for each loan held by the applicant. Attach as Exhibit a description of each financial agreement to include the lender, terms,conditions and security. If lender is a bank or financial institution, a letter of intent or commitment must be included. If lender is a corporation, individual, or partnership, a financial statement showing net worth equal to amount of commitment or a letter of commitment from a financial institution for the specific project must be included. 13 Form 100 Exhibit A Authorized Officer's Authority Please see thefollowing page(s). SECRETARY'S CERTIFICATE 1,Arthur R. Block, Secretary of the corporations listed on the attached Exhibit A(the "Corporations"), each duly organized under the laws of its respective state of incorporation: DO HEREBY CERTIFY, that Kevin M. Casey is a duly elected and appointed officer of each of the Corporations,holding the title of President—North Central Division; and FURTHER CERTIFY,that Kevin M. Casey is authorized to execute on behalf of each of the Corporations franchise documents and any other documents relating to franchise matters within each of the Corporations' designated franchise area. IN WITNESS WHEREOF, I have executed and delivered this Certificate this 22nd day of January, 2007. Arthur R. Block, Secretary Exhibit A Corporation State of Incorporation Comcast of Boston,Inc. New York Comcast of Brockton,Inc. Delaware Comcast of California/Massachusetts/Michigan/Utah,Inc. Delaware Comcast of Connecticut/Georgia/Massachusetts/New Hampshire/New York/ Delaware North Carolina/Virginia/Vermont,LLC Comcast of Georgia/Massachusetts,LLC Delaware Comcast of Massachusetts I,Inc. Massachusetts Comcast of Massachusetts II,Inc. Delaware Comcast of Massachusetts III,Inc. Delaware Comcast of Massachusetts/New Hampshire,LLC Delaware Comcast of Massachusetts/Virginia,Inc. Virginia Comcast of Milton,Inc. Massachusetts Comcast of Needham,Inc. Delaware Comcast of Southern New England,Inc. Massachusetts Form Exhibit Billing & Termination Subscriber Privacy Notice Please see the fallowing page(s). i �( / r , �/ /: �� � � � � l �,, This notice provides important information regarding your time convenient to you.We will make all reasonable efforts to cable television service. resolve any complaints you have concerning the quality of our signals promptly and efficiently. Excluding conditions beyond We may change this information in the future. We will send our control,we will respond to a service interruption no later you a written, electronic or other appropriate notice than twenty-four hours after receipt of notification. We informing you of any changes and the effective date. If you respond to other service problems no later than the next find the change unacceptable,you have the right to cancel business day after notification. If our service technician is your service. However,if you continue to receive our service unable to correct the problem to your satisfaction we will, at after the effective date of the change,we will consider this your request,schedule a second service appointment. If we your acceptance of the change. remain unable to correct the problem you will be notified of this fact and the reason why. If you are dissatisfied with our For those customers receiving service through commercial accounts, bulk rate arrangements or similar arrangements, resolution of your service problem,you may con tact the local some of the policies,procedures and services described in franchising authority to discuss the problem with your service. this notice may not apply. Please call us at the local Please refer to your monthly cable bill or call us at the local customer service number listed in this notice to speak to customer service number 1-800-C CAST(266-2287) for the one of our customer service representatives for further name and address of your local franchising authority. information. Moving Customer Complaint P—ocedures Before you move,please call us at the local customer service If you have a complaint regarding your cable television number 1-800-C CAST(266-2287). This is the best way for service or your bill,please call us at 1-800-CO CAST(266- us to arrange for your service to be disconnected and to 2287). Alternatively, if you wish to put your comments in schedule an installation at your new home if your new home is writing,your letter should be addressed to Comeast at P.O. in our service area. Box 6505, Chelmsford, MA 01824. We will promptly try to resolve your complaint. If we are unable to resolve your Equipment complaint,we will notify you that we are unable to do so and In the event your service is terminated,the set-top converter, explain the reason why. If you are dissatisfied with our remote control and any other equipment provided by us, resolution of your complaint, or we are unable to resolve should be returned to our local business office. You will your complaint, you may contact the local franchising continue to be billed for the equipment until it is returned. If authority to discuss your complaint. Please refer to your you have to or are otherwise unable to return the equipment monthly cable bill or Gall us at the local customer service you will be billed for the equipment. number 1-800-CO CAST (266-2287) for the name and address of your local franchising authority. Identification Service Problems Our employees and designated contractors are required to If you experience a problem with picture or signal quality, carry a photo-identification card while working. Feel free to you should review your television and/or VCR owner's ask for identification from anyone who claims to be our manual for proper adjustment. If the problem does not clear employee or representative. up,you should call us at the local customer service number Previews 1-800-CO CAST(266-2287) and describe the problem to a During customer service representative. the course of the year,we may offer a"Free Preview" In order to correct the problem,we may need access to your of a premium channel. If you find any of the programming premises. If required, a service call will be scheduled at a objectionable,you may call us and we will block out the Free Preview channel, Broadcast Channels Compatibility of Set-Top Converters and CableCards Please be advised that the following broadcast channels can Many subscribers currently rent or own set-top converters not be viewed without compatible set-top converter from to receive our cable services. Because a set-top converter Comcast. functions as the channel tuner on your television, VCR or Not Applicable DVD recorder, it may prevent you from using some of the special features and functions of your television,VCR or Equipment Compatibility DVD recorder.For example,you may not be able to view one Television and VCR Compatibility program while recording another, record two or more Many newer television sets and videocassette recorders consecutive programs that appear on different channels, (VCRs) are labeled "cable ready." Typically, a cable ready use advanced picture generation and display features such television or VCR is one which, when connected directly to as"picture in picture,"channel review or use other features cable service, can receive all unscrambled, non-premium that necessitate channel selection by the television set,VCR channels (premium channels include such channels as HBO or DVD recorder. Some of these problems nay be resolved d Showtime). Older televisions and VCRs are more likely to by the use of A/B switches, signal splitters, and/or other be non-cable ready,which means they generally receive only supplemental equipment that can be purchased from some numbered channels(usually channels 2-13). Even if you Comcast or at electronic stores.Please call us if you would have an older television or VCR that was advertised as being like to discuss the type of special equipment needed to ble ready" or "cable compatible," the equipment may not resolve individual compatibility problems or if you have any perform as you expected when connected directly to our cable questions regarding other equipment compatibility issues.In system. This is because there previously were no standards order to enable you to utilize special features, which your applicable to television set manufactures governing the television and VCR may have,we will make available,upon reception of cable channels. According to new federal your request,equipment which will allow for simultaneous regulations,televisions and VCRs sold in the United States as reception of two or more scrambled or encrypted signals of July 1997 cannot be called "cable ready" or "cable and for tuning to alternative channels on a pre-programmed compatible" unless they comply with the new technical schedule.This equipment could include for example,set-top requirements adopted by the FCC, including the ability to converters and multiple descrabler/decoders and/or properly tune cable channels.. Existing equipment may meet timers(or if such devices are not available,multiple set-top some but not all of these standards,and connecting our cable devices will be provided),and signal bypass switches.If you service directly to such equipment may cause signal plan to purchase cable services that we scramble or degradation or interterence. If you are not sure whether your encrypt,such as premium,pay-per-view or digital services, television or VCR is "cable ready", you should review the you should make sure that any set-top converter, or equipment manual and instructions, or contact the navigation device or Digital-cable-ready television (which manufacturer. can receive digital cable services using a device that we If your equipment is not fully cable ready,you can still receive must provide called a CableCard in place of a converter)that all standard cable channels offering non-scrambled or non- you purchase from a retail outlet is compatible with our encrypted programming by renting or purchasing a single set- system. (Note: CableCards will not support two-way, top converter without descrambling or decryption capabilities. interactive services such as ON DEMAND,pay-per-view and We rent set-top converters to our customers for a low monthly the Comcast interactive program guide. Sets capable of fee that will be compatible with the services you purchase supporting two-way services will be available in the future, from us. You may also purchase set-top converters at and Comcast is committed to supporting that technology electronic stores or other retail outlets in your area. when it becomes available.) Upon your request,we will provide you with the necessary technical parameters necessary for any set-top converter rented or acquired from retail outlets to operate with our receive all broadcast stations carried on the cable system is for cable system. If you see advertisements for set-top (lease) and/or (sale) from your cable company and may be converters that have descramblers in them, you should available from retail stores within your community.Instructions understand that these devices may be illegal to use. for installation of this equipment are also available upon Because of the need to protect our scrambled services,we request. Please contact us at 1-800-COMCAST(266-2287)for will not authorize the use of any converter/descrambler complete details. which does not conform to all required signal security specifications. People who use illegal Service Changes and Installation converters/descramblers may be subject to prosecution for Standard installations are generally completed within----.seven(7 theft of cable service. It is unlawful to alter or tamper with business days. If you initiate a change in the services you any device belonginl-to a cable operator in order to receive, receive, you may be subject to the applicable installation or intercept or assist in receiving or intercepting any change of service charge. Please refer to the service rate communications service offered over a cable system. information we have supplied to you for details.A list of our People who take such actions may be subject to fines or services and charges is provided to our customers annually in imprisonment. a mailing or bill insert.You may obtain additional information about our current services,fees and prices by calling us during Remote Control Units normal business hours. We rent remote control units to subscribers to access set- top converter features remotely. Currently, we provide Other Services and Information subscribers with set-top converters with compatible remote In addition to our Limited Basic and Expanded Basic we also control units. Although we rent remote control units at a offer optional video and audio programming services, nominal fee,subscribers may purchase compatible remotes including individual premium channels (Home Box Office at local electronic stores or other retail outlets. A (HBO),Showtime,Cinemax,Starz and The Movie Channel),and representative list of compatible remote control models pay-per-view services which deliver individual movies, currently available from local retailers include: Sony sporting events and special events. RMV402,RCA RCU60OWMS,and Philips PHL PMDVR8.A list We also offer Digital Service packages and High Speed Cable of additional compatible remotes may be obtained from your Modem Service in selected service areas where our cable local Comcast office. Although these remote control units plant has been rebuilt or upgraded.For some optional services are compatible with the set-top converters that we currently you must have a compatible addressable set-top converter or offer,these remotes may not be functional if we change the a cable modem.Please call us at 1-800-COMCAST(266-2287) type of set-top converters we offer to subscribers. If you to talk to one of our customer service representatives about have any questions regarding whether a particular remote our products and services, or go to our Internet website, control unit would be compatible with our equipment,please www.comcast.com to see the latest information on our contact us. services. Notice of Availability of Converters for Additional Outlets We may change this information in the future.We will send you Subscribers who install their own additional receiver a written,electronic or other appropriate notice informing you connections may not be able to receive all broadcast of any changes and the effective date. If you find the change stations carried on the cable system without additional unacceptable, you have the right to cancel your service. equipment. For those television sets that are not truly However, if you continue to receive our service after the compatible with the cable system, television broadcast effective date of the change, we will consider this your stations located above Channel 13 may not be receivable acceptance of the change. For those of our customers without additional equipment.The equipment necessary to receiving service through commercial accounts, bulk rate arrangements or similar arrangements,some of the policies, procedures and services herein may not apply. Please call us at 1-800-COMCAST (266-2287) to talk to one of our customer service representatives for further information. X30909 Important Information 2011 /ii„ ,r j 2 rrI lilt/ / rriaaa%%%�/�ii�r,,, a4rf5�,���b,VY»I6C141i»�f�p�40(Ni!�IP�fd14/%9l�fWnNn/nl�nr��r, 1����%%/,,;; iO ra///i%%�% r III r�/✓ri�r///;,/ � � � �N�'�.J��1- H0� TO LASE CUR SABLE SERVICE or our toll-free telephone number which is available 24 hours a day,seven days a week.You can also visit our local business office listed on your billing statement.Alternatively,if you wish to put Congratulations on your choice of one of the world's best your comments in writing,your lever should be addressed to entertainment and information media-cable TV!We have designed Comcast at the local address listed on your billing statement.We our Comcast cable television service to be as simple to use as it is will promptly try to resolve your complaint. If we are unable to exciting to explore! resolve your complaint,we will notify you that we are unable to do so and explain the reason why.If you are dissatisfied with our This information is provided to enable you to be more resolution of your complaint,or we are unable to resolve your knowledgeable about your service and to answer any questions you complaint,you may contact the local franchising authority to discuss may have about it. your complaint.Please refer to your monthly cable bill or call the local customer service number listed below for the name and HOW CABLE TELEVISION WORKS address of your local franchising authority. Cable television brings you more channels and generally better reception than off-air reception of broadcast television because the INSTALLATION television signals travel to your home by way of cable,rather than Someone over 18 years of age must be home during the installation through the air. Because,television stations are brought into your of your cable television service.This will ensure a thorough and home through miles of high-technology cable,your television reception complete installation and will allow you to become more familiar is uninterrupted by trees,buildings and other surface obstacles. with your cable service and equipment. In addition to certain local television stations,communications GENERAL DO'S AND DON'TS satellites allow you to receive many additional channels through We have installed cable in your home in a manner that is consistent cable television. A large selection of viewing choices is available with Federal Communications Commission("FCC")rules. Here from your cable company.Here is how these channels are received: are a few tips to keep it operating safely and reliably: I.During severe electrical storms you should unplug your I. Individual television programs are produced in many locations television set and cable converter to avoid damage.Comcast around the world. and your set manufacturer are not responsible for damage 2.These programs are transmitted to communication satellites which occurs due to acts of nature. that orbit the earth.These satellites stay in a fixed position 2. Your able converter operates on 110 volts.Please take all the 22,300 miles above the earth,allowing them to transmit signals same precautions you would for any small appliance,such as to your community. a checking the cord to make sure it is not worn or damaged. 3.Local satellite dishes receive 3. For your own safety,do not attempt to open or otherwise these signals. jai ,- „rte, tamper with your cable converter. 4.The cable television control /��� / 4, If you have someone other than Comcast install the inside center—the"head-end" - wiring in your home, or if you do it yourself, you are processes these satellite a responsible for ensuring that the installation signals,along with the signals a. complies with all applicable governmental regulations from your local television ys (FCC signal leakage rules,for example),and stations and other sources, a b. does not interfere with the normal operations of the so they can be transmitted cable system or any other communications systems, over our cable system to such as those used by police and fire departments. your home. 5.These quality television programs are brought to your home BILLING by way of hundreds of miles of cable,either strung on poles or Your monthly cable bill not only gives you a listing of your current buried underground. charges, payments and credits, but it may also contain special messages to our customers.Take time to review your bill to make COMPLAINT PROCEDURES sure your name,address and other information are correct. You If you have a complaint regarding your cable television service or generally will be billed at the same time each month unless you are your bill,please call the local customer service number listed below notified otherwise Your first statement will include a monthly charge for the upcoming IF YOUR CONVERTER IS PROVIDED TO YOU BY COMCAST, month.It may also include: YOU MUST RETURN IT ONCE YOU ARE NO LONGER A 1.Your installation charge, CUSTOMER. 2.A partial charge for your first month's service if you are connected in the middle of a billing cycle;for example,if your IF YOU HAVE PROBLEMS monthly cable fee is$24.00 and you connect to cable on the If you experience a problem with picture or signal quality,you tenth day of a 30-day month,you would be billed for 2/3 of a should review your television and/or VCR owner's manual for month.The amount shown next to the line entry"prorate"or proper adjustment or please try the troubleshooting information "partial month"would be$16.00, below. If your service problem does not clear up you should call 3. Your payment due date, the local customer service number listed below and describe the 4.An address to send any written requests in a separate letter to problem to a customer service representative. Comcast,and S. All prices for services(these may be subject to applicable In order to correct the problem,we may need access to your franchise fees and taxes). premises. If required,a service call will be scheduled at a time convenient to you.We will make all reasonable efforts to resolve any complaints you have concerning the quality of our signals THEFT OF SERVICE promptly and efficiently.Excluding conditions beyond our control, The Cable Act(47 USC§ 533) created both civil and criminal we will respond to a service interruption no later than twenty-four penalties for manufacturers,suppliers and users of unauthorized hours after receipt of notification.We respond to other service cable devices.This federal theft-of-service law supplements any problems no later than the next business day after notification. If existing state or local laws,and provides a federal remedy against our service technician is unable to correct the problem to your any person who,without authorization,intercepts or receives any satisfaction we will,at your request,schedule a second service communication service which is provided over a cable system. appointment.If we remain unable to correct the problem you will be notified of this fact and the reason why.If you are dissatisfied This federal law prohibits the unauthorized interception or receipt with our resolution of your service problem,you may contact the of any communications service over a cable system.This would local franchising authority to discuss the problem with your service. include the theft of audio,video,textual data or other service, Please refer to your monthly cable bill or call the local customer including data transmitted to or from a customer over a system that service number listed below for the name and address of your local has interactive capability.The law applies to both manufacturers and franchising authority, distributors of equipment as well as individual subscribers. IMPORTANT:Is your television set dial set on the converter The Cable Act provides both civil and criminal penalties for theft output channel(example:Ch.2,3 or 4)? of cable services. Under this federal legislation,a cable operator may seek advantage bst tial monetary damages for the theft of its cable Wrong Channel may seek substantial addition,if the violations are willful and for commercial • Check television set dial and converter for private financial gain,the court may award damages channel setting. of up to$50,000 in civil cases and a maximum of$100,000 for certain criminal violations,in addition to a maximum of five years Snow on Screen imprisonment for subsequent offenses. • Check to make sure converter is Theft of service creates unfair burdens on cable subscribers plugged into a working outlet. areo etti forced b receiving a ving cable service without paying individuals No Picture, No Sound g g Y g AY Bf • Make sure the television set is plugged •• ABOUT YOUR CONVERTER into a"live"electrical outlet,and not Many television sets cannot receive the large number of channels controlled by a wall switch. offered by cable television. In order to receive these channels, Push red"reset"button on back of television as well as to descramble certain optional premium or pay-per- set,if your set has one. ; view services,you may require an electronic channel selection Adjust"brightness"control on television set, .. device called a"converter." A converter and a remote control are if your set has one. available from Comcast on a lease basis or may be purchased at Picture Shrinks certain retail outlets,including consumer appliance or electronics May be an overloaded circuit in your stores. television set,or • Electric company power cutback. Some television components like VCRs,cable-ready sets and No Picture remote-control devices may not be compatible with your cable Check channel setting on converter i television service.We encourage you to make certain components and television set. you purchase are compatible with your cable television service Check listing to make sure channel is prior to making a purchase.For further information,please refer to broadcasting during this time slot. the Equipment Compatibility section of this notification,or call your Wait for the television station local Comcast office. announcement of difficulty. • Check other channels to compare reception. •• Converters that unscramble services also provide our customers with the option to use"parental control"to block channels they CABLE AND YOUR VCR, DVD PLAYER, DVD RECORDER wish not to view. If you are a VCR, DVD Player,DVD Recorder owner,you can use your VCR,DVD Player,DVD Recorder to receive additional It is easy to watch your television after connecting to cable using a enjoyment from your cable television service, converter.Just turn on both your television set and the converter. Make sure that your television is tuned to the output channel of your Comcast wants to help you understand how to make your VCR, converter(Ch.2,3 or 4),and then select the channel you want to DVD Player,DVD Recorder and cable television service compatible watch by using the controls on either the converter or the hand-held entertainment components.With your cable service VCR, DVD remote control device.To ensure reliable operation,make sure the Player,DVD Recorder combination,you can record your favorite converter is plugged into a"live"electrical outlet,rather than one movies and cable programs for later viewing.We want you to have controlled by a light switch.Loss of power to some converters may maximum flexibility in watching what you want,when you want to result in a temporary loss of cable service,even after the power is watch it. restored. VCR, DVD Player, DVD Recorder-Cable Hookup Installing Digital Cable Service Warnings Upon request for an upgrade to Comcast Digital Cable, self- 1.Additional equipment.such as coaxial cables,signal splitters or installation kits and manuals for Digital Consumer Terminals AIB switches,may cause picture distortion if it does not meet (°DCT")are available from your local Comcast cable office for a Comcast systems'standards.Please call our repair department separate charge. The installation and other instructions relating to before you purchase additional hookup equipment. DCTs differ from those set forth above due to the uniqueness of 2.We recommend against cutting cable wire connectors.An the DCT and the digital and other services and functions that may improperly cut cable may cause picture distortion. be received through it. Contact your local Comcast cable office for 3.All cable connections must be fitted"wrench tight." further details. Installing Your VCR, DVD Player, DVD Recorder A BRIEF NOTE ABOUT SHE SERVICES WE OFFER Installation of your VCR, DVD Player, DVD Recorder can be completed through a variety of different methods depending upon Not all services are available in all areas.Please call your local Comcast your viewing and recording requirements.The various options office for details. available for connecting your VCR,DVD Player,DVD Recorder are Basic Service described below. Basic Service is one of our most viewed levels of service. Basic To Record What You View Service may include off-air broadcast stations and franchise- The diagram below shows how to install your VCR,DVD Player, required public,educational and government access channels. All DVD Recorder so you may view and record the same channel.When such programming varies on a community-by-community basis and using this option,be sure you have both your TV and VCR,DVD is subject to change at any time.Cur-ently,our cable customers Player,DVD Recorder set to the proper channel. must subscribe to Basic Service in order to subscribe to any tiers of Step I: The coaxial cable from the wall connects to the"in"terminal video service offered by Comcast. on the converter. Step 2: A coaxial cable is connected from the converter"out"terminal Expanded Basic Service to the"in"terminal on your VCR,DVD Player,DVD Recorder. Expanded Basic Service is the level of service that generally carries Step 3: A second coaxial cable is connected from the"out"terminal of all non-premium cable channels,such as The Discovery Channel, your VCR DVD Player,DVD Recorder to the back of your television set Lifetime, ESPN,A&E,USA,TNT and,where available, regional Step 4: The coaxial cable is then either attached to the 75 OHM sports services.All such programming varies on a community-by- input terminal if you have a cable-ready television,or a"matching community basis and is subject to change at any time. transformer'is installed on the end of the cable connector,and the transformer is then att ached to the VHF aerial terminals. Expanded Basic Service,where available,is an optional level of service above and beyond Basic Service. A customer must receive Cable Converter Basic Service in order to be eligible to receive Expanded Basic Drop Service. IN OUT Premium Services VCR DVD Player,DYD Recorder Premium Services are generally available to customers who receive Basic Service.Customers typically do not need to receive Expanded IN OUT Basic Service in order to get premium channels.Premium channels TV generally include Home Box Office(HBO),Showtime,Cinemax, STARZ!,and Encore.All premium services may not be available „r a in all areas.There is a separate monthly charge for each premium channel a customer receives. Digital Cable Services Many of our customers have chosen Comcast Digital Cable. It n otir vHF AerI provides a special interest and other channels,digital music channels and access to multiple pay-per-view channels and multiplexed True Cable Compatibility services,among other features,in addition to the analog service our Please refer to the Equipment Compatibility section in this notice customers already receive, regarding cable compatibility,or call your Comcast office if you have questions.If your service level and your equipment are compatible, In addition,interactive television services may be available in some then generally you can be hooked up to cable service according to areas. the following diagrams: Cable-Compatible TV&VCR,DVD Player,DVD Other Optional Services Recorder-Cable Connection TV In addition to these programming services,we may also offer our customers the option of renting converters or remotes for an VCR,DVD Player,DYD Recorder additional monthly charge;the Cable Guide,Pay-Per-View or other services,including ordering and downloading pay-per-view services; Output and optional interactive television services, such as e-mail and Ell, ut Q Transformer access to the Internet. o Wall Plate ; We may also have available Comcast High-Speed Internet Service `_______ Power Plug for personal computers that offers content-enhanced access to the Internet-full motion video;national, regional,and local content; Cable-Compatible TV Cable Connection TV e-mail; personalized browsers; and other exciting features at unprecedented speed and convenience. Comcast High-Speed Internet service may not be available in all areas and is subject to CABLE WIRE certain terms and conditions. ELECTRICAL WIRE Transformer ---- A COTE ABOUT PROGRAMMING We receive programming from various non-cable and cable networks. We are not responsible for the content of programs Wall I❑ I Power Plug aired by these networks.Programming complaints or questions Plate It-v-�I should be directed to the particular cable or broadcast networks. MOVING use illegal converters/descramblers may be subject to prosecution BEFORE YOU MOVE,please call Comcast. This is the best way for for theft of cable service.It is unlawful to alter or tamper with any us to disconnect your service,recover your converter and arrange device belonging to a cable operator in order to receive,intercept for cable television service in your new home.Call us in advance, or assist in receiving or intercepting any communications service and we will schedule a new installation if your new home is in our offered over a cable system.People who take such actions may be service area. subject to fines or imprisonment. If you decide to disconnect your cable television service,converters, AyAiLABILIIY OF SPECIAL Y® ASS EQuiPMENT remote control devices and any other equipment provided by Some of the channels offered on the Comcast cable system may also Comcast should be returned to us immediately. Customers be scrambled and viewed only if a set-top converter is used However, are liable for these items and will continue to be billed until the as described above,a converter may limit your ability to use certain equipment is returned,or,if you have lost it or are otherwise advanced features on your television set VCR,DVD Player,DVD unable to return it,paid for. Recorder.If you use a converter and you have problems using the EMERGENCIES special features,additional special equipment may be necessary to Emergencies such as fallen utility lines,violent storms or sub- regain some or all of these features.Comcast will consult with you freezing weather may interfere with reception of cable service. We in order to determine what specific equipment may be available will promptly have one of our crews correct an emergency situation to solve your particular situation.This equipment may include an as soon as it is safely possible. additional converter,or,if you have a receiver that can tune our cable channels,possibly a switch(or a special converter with a switch)that IMPORTANT NOTICE To OuR will enable you to by-pass the converter and tune all unscrambled channels with your television set VCR,DVD Player,DVD Recorder. COMPATIBILITY Please contact Comcast regarding your needs,and we will be happy "CABLE "CABLE to discuss alternative solutions with you and give you a schedule of ABLE READY" AND AEILE COMPATIBLE QUIP ENT applicable charges.In addition,you may purchase by-pass switches Many subscribers currently rent or own set-top converters to and additional converters at retail outlets.Cable converters that receive our cable services.Because a set-top converter functions have descramblers in them (so-called "pirate boxes"or"black as the channel tuner on your television or VCR,it may prevent boxes")may be illegal to sell or use,unless authorized by Comcast. you from using some of the special features and functions of your Because of the need to protect our scrambled services,we will not television or VCR,For example,you may not be able to view one authorize the use of any converter descramblers which does not program while recording another,record two or more consecutive conform to all required signal security specifications. programs that appear on different channels,use advanced picture generation and display features such as"picture in picture,"channel review or use other features that necessitate channel selection PAY-PER-VIEW PROGRAMMING by the television set or VCR. Some of these problems may be Comcast may not have the right to distribute pay-per-view resolved by the use of A/B switches,signal splatters,and/or other programming to commercial establishments,and you may not supplemental equipment that can be purchased from Comcast or order or request pay-per-view programming for receipt,exhibition at electronic stores. Please call us if you would like to discuss the or taping in a commercial establishment.You may neither exhibit type of special equipment needed to resolve individual compatibility nor assist in the exhibition of pay-per-view programming in a problems or if you have any questions regarding other equipment commercial establishment unless explicitly authorized to do so in compatibility issues. advance,by Comcast and our program provider.If you fail to abide by this restriction,you will be held liable for any claims made against In order to enable you to utilize special features,which your you or Comcast on account of any unauthorized commercial television and VCR may have,we will make available,upon your exhibition. request,equipment which will allow for simultaneous reception of two or more scrambled or encrypted signals and for tuning to alternative channels on a pre-programmed schedule. This REMOTE CONTROLS equipment could include for example,set-top converters and If you use a converter with remote control capability,Comcast multiple descrambler/decoders and/or timers(or if such devices are provides remote control devices for a monthly charge. In some not available,multiple set-top devices will be provided),and signal areas,you may also be able to buy them from us.It is also possible bypass switches. the remote control that came with your TV or VCR is capable of controlling the converter box.In that case,please feel free to use If you plan to purchase cable services that we scramble or encrypt, it. Finally,you may choose to buy a"universal'remote control such as premium,pay-per-view or digital services,you should make device capable of working with our converters at retail outlets, sure that any set-top converter,or navigation device or Digital- including many appliance or consumer electronics stores.Examples cable-ready television (which can receive digital cable services of compatible universal remote control devices include:Zenith, using a device that we must provide called a CableCard in place of including Gemini's"Rabbit"series;the Mac-10 and the Mac-20: a converter)that you purchase from a retail outlet is compatible Mentek Memorex CP-8;Universal Electronics One Four All III;and with our system or Note:CableCards will not support two-way, Tandy Corporation 15902.Others may be available as well. interactive services such as On Demand, pay-per-view and the Comcast interactive program guide.Sets capable of supporting Any or all of the above remote control devices may not be two-way services will be available in the future,and Comcast compatible with the DCTs required for optional services voluntarily is committed to supporting that technology when it becomes requested by you. available. We hope this information has been useful.If you have any questions, Upon your request, we will provide you with the necessary please contact us.The phone number of your Comcast office is technical parameters necessary for any set-top converter rented or contained on your monthly bill,or in your monthly billing mailing. acquired from retail outlets to operate with our cable system.If you see advertisements for set-top converters that have descramblers in them,you should understand that these devices may be illegal to use.Because of the need to protect our scrambled services,we will not authorize the use of any converter/descrambler which does not conform to all required signal security specifications. People who IMPORTANT MATS SERVICE AREAS) MA/NH/ME PHONE NUMBERS BILLING/REPAIR 1-800-COMCAST (266-2278) NEW SERVICES/SALES 1-800-COMCAST (266-2278) AFTER-HOURS REPAIR 1-800-COMCAST (266-2278) MAILING/OFFICE ADDRESS Comcast I Comcast Center Philadelphia, PA 19102 PUBLIC INFORMATION OFFICES FRANCHISE AUTHORITIES Consumer Division of the Department of Telecommunications and Cable 1-800-392-6066 1000 Washington St., Ste. 820 Boston, MA 02118 Office of the Attorney General Consumer Protection and Antitrust Bureau 33 Capital St. Concord, NH 03301 Office of the Attorney General Consumer Information and Mediation Service 6 State House Station Augusta„ ME 04333 Ccomicast, That phone information,when matched to your name,address,and tel* ���`����n�� Privacy��^ ��&��~��` ��� is customer nm�a�in�nno8onm -- '-- ~ '- — — CPN|Policy,describes Cable Television, what~'~information~~obtain,how w^protect may be High—Speed Internet and and vm/e�has�mx under the /mmom/u��m*� m protect Phone Services OR WITHHOLD wnAPPROVAL FOR ComcAmTomaGPN!mMARKET ADDITIONAL PRODUCTS AND SERVICES mME?�NOW YOU CAN APPROVE OUR USE OFCPNI OR W[* DRAWvmUR*mPRoVAL. Why is Comcast providing this notice tome? Special Note:Our CpW|Policy applies\o the communications-related — services provided ^—Comcao Business Corn m—un|mtinno .0o moast Digital Ano subscriber m cable service mother services provided hyComomt' Phone,uom:m"X Digital bi um'and Cnm oastLong Distance. you are entitled under Section 031of the federal Cable Communications Policy Act of19O4.cm amended,(the"Cable Act'')to know the following, In this notice,the Cumoast,^' ^ " "our"referto the operating • the limitations imposed by the Cable Act upon cable operators in the collection and disclosure nf personally identifiable and/or operates the cable television system in your area pursuant to a cable information about subscribers; television franchise with the local franchising (ii)is operating in • the nature cd personally identifiable information wocoi{ect� your area uouxnmuu Business Communications,unmoamu'�mymnno. ° Nnnmmmuf�e use ofpemomg|yidan6fiob|einhxm�wn� Comc�tbmgDio��o.mCum�eD���Vnicm. Tho�nn' ''refers to • under what conditions and circumstances wm may disclose you ema subscriber to one m more of our cable service and other services. personally identifiable information and to whom� • the period during which we maintain personally identifiable |. Collection information; • the times and place atwhich you may have access toyour What kind nf information does this notice apply to? personally identifiable information:and • your rights under the Cable Act concerning || The Cable Act applies tu personally identifiable information that you have identifiable information and its collection and disclosure, furnished toComoost.m that Qomomm has collected using the cable sym- temin connection with the provision of cable service other services, Personally identifiable information is information that identifies a particular The Telecommunications Act applies mCrm/related m our regulated K does not include aggregate data that does not id Co ular person or persons.This notice is also provided to you in accordance mission apply the CPNI rules to our interconnected voice over Internet with applicable California law,which only applies to our customers located protocol communications services. This notice applies to our cable tele- in California who are served by a cable television corporation vision service.our high-speed Internet service,and our phone services as provided for by applicable law and except as otherwise noted. |n addition,Souun702d�a��mo|Te�mmmu�c��n ���1�S�. - on amended,(the"Telecommunications Act'>provides additional privacy ����i W��:This notice only covers information that is collected by protections for certain information related to our phone services: Comcast in connection with the provision of our cable television service, our high-speed Internet service,and our phone services to you muaouh' ° information about the configuration,type, scriber to one o/more of these services. 8 does not cover inkxmation destination,location.and amount of your use of the phone that may be collected through any other products, icon boKe . services:and even if accessed through our services and even if co-branded with them. • information contained on your telephone bill concerning the You should read the privacy pohdohxthmmoNer products,sermes, phone services you receive, and wnbsitemto learn how they handle your personal information, For what purposes mayOomcast collect personally identifiable infor- W4h mubon and CPNI? call available from telep8nn 'mlated details on your monthly bill,such uo� a location ofuewico� The�b�A��No�mCnm��ae cable � ��� ' ' =" ""=="" �=" " ° technical configuration dmnmlce� eyo�m�m|!mztpemmnm|�idont�iah|ain�nnmUonommoming any sub- ° �pou(aam�e; ` scriber for the following purposes: ° quantity ufommico; • in order to obtain information necessary to render our cable ° amount ofuse of service; service nr other services k/our subscribers:and ° calling patterns;and • to detect unauthorized reception of cable communications. * other information contained vn your bill for local and long distance services. The Cable Act prohibits us from using the aU| to collect person- ally identifiable information concerning ary subscriber for aay purposes CPNI does not include your name,address,and telephone number, be- other than those listed above without the subscriber's prior w/Ittenor cause the Telecommunications Act classifies that information om"sub- electronic consent. scriber list information"whi h is not subject to the protections applicable to CPNI. However,that infornnation is also subject to certain protections The Telecommunications Act authorizes umtouuo. disclose,orpermit as described below under"To whom may Comcaa disclose personally access to individually identifiable OPN|in our provision of: identifiable information?" We also collect and maintain certain other information about youraccount, • the telecommunications service from which this information For example,this information may include: �d*hved;m • ° bi|Um�Paym N and oo ooeaoa �.o�uoodin.�wpmv�kmuY�m«eoem�em. including�opub|�hin0�d|�«��es, ° mdd�ona|oam�noin�rm��on� ~ customer correspondence and communications records; The Telecommunications Act prohibits u*from using CPNI for any ° maintenance and complaint information; poses other than those listed above except mo permitted ur required hy = records indicating the number d television sets,set-top boxes. law nr with your approval. modems,nr telephones connected to our cable and ° mJd��na|in�nm�kmabout�umem�ooptiomyou hov uh�mn. \�h�thiwdnf�mmwnuHyid�m�fim��m information ��d ��N8dnm� Cammcastuo{|ecV Some of our services permit you 1owstab|ish secondary accounts,and if you Uonomm collect similar information|n order to establish and service Comcaut collects mhrmationfwmyo at several different points when the secondary accounts. During the initial provisioning of our services, you initiate and use our aum/cmu. Some v/this information wpersonally and during any subsequent changes ur updates to our services,Cumouat identifiable information.but much ofi\isnot. We collect certain person- may collect technical information about your televisions, any set-top ally identifiable information that our subscribers furnish touainoonnau' boxes, computer hardware and software, cable modems,telephones, bnn with the provision o/cable service ur other services. h order tn and/or other cable or other service-related devices,and uuntomization provide reliable,high quality service to you,we keep | business settings and preferences. Additmnal|y,J you rent your residence, records containing information about you that may constitute personally have a record uf whether landlord permission was required prior to in- identifiable infonnation. T1!1noorcnordoinc|udeanmm.bu1typiou!|ynot stalling our cable facilities cm well ms your landlord's name and address, all,of the following information: • your name: What kind ofinfomnabmndo you collect if|use interactive urtmnm- ° service address', mmUonax services nr television viewing controls? • billing address; • e-mail address; When you use our interactive m other transactional services such oavideo • telephone number; un demand,for example,our systems may automatically collect cetuin • driver's license numbec information about your use of these i Most of this information is • social security number� not personally identifiable information and it is simply used,for example, • bank account number: to carry out a • credit card number:and top box,orother equipment. This may include information required to • other similar account information. change your television channel,review listings inuoulect-.nnioprogram guide,pause orfast forward through certain no demand programs,0r in- voke aceUing feature,among other things h may also include other in- formation such as the time you actually use our services and the use of • billing and invoicing; other features of our services,and which menus and menu screens are • administration; used most often and the time spent using them. • surveys; • collection of fees and charges; In order to carry out a particular request you make to watch a pay-per- • marketing; view program or purchase a product,service,or feature,for example,our • service delivery and customization: system may collect certain personally identifiable information. This In- • maintenance and operations; formation typically consists of account and billing-related information • technical support; such as the pay-per-view programs or other products,services,or fea- • hardware and software upgrades:and tures ordered so that you may be properly billed for them„ Follow your • fraud prevention. program guide commands or any special instructions on your video screen when you make these transactional requests. These commands More specifically,we also use personally identifiable information to: and instructions will explain your choices so that you can complete or . install,configure,operate„provide.support,and maintain our cancel your requests as you wish. cable service and other services; What kind of information do you collect and use to improve your ' confirm you are receiving the level(s)of service requested and cable services and deliver relevant adverttsing? ® are properly billed; identify you when changes are made to your account or services; Our cable systems may collect anonymous and/or aggregate information ' make you aware of new products or services that may be of using set-top boxes and other equipment. We use this information to de- • interest to you; understand the use of,and identify improvements to,our services termine which programs are most popular,how many people watch a ® program to its conclusion,and whetter people are watching commercials, . detect unauthorized reception,use,or abuse of our services; for example. As described below under"How does Comcast use person- determine whether there are violations of any applicable policies and terms of service; ally identifiable information and CPNIT',we may provide subscriber list✓ or certain anonymous and/or aggregate information to third parties work- . manage the network supporting our services; configure cable service and other service related devices;and ing on our behalf such as audience measurement or market research • firms,for example. These firms may combine this information with other comply with law. aggregated or non-aggregated demographic information(such as census The Telecommunications Act further permits Comcast to use,disclose, records)to provide us with audience analysis data though we will require and permit access to CPNI obtained from our customers,either directly them to remove personally ident'fiable information about our subscribers or indirectly.to: from this data. We use this information to improve our cable television service and other services and make programming and advertising more • Initiate,render.bill,and collect for telecommunications services; relevant to our subscribers. We may also use this inforr ation to distribute • protect our rights and property,and protect our users of these and deliver relevant programming and advertising to you without disclos- services and other carriers from fraudulent.abusive,or unlawful ing personally identifiable information about you to programmers or ad- use of,or subscription to,these services; vertisers. In addition to this privacy notice,we may provide additional • provide any inbound telemarketing,referral,or administrative notices to you regarding specific advertising or other initiatives. These services to you for the duration of the call,if you initiated the call notices will describe the initiatives in greater detail and may,as appro- and you approve of the use of this information to provide priate,contain information you can use to choose to participate,or not these services;and participate,in these initiatives. 0 to provide call location information concerning the user of a commercial mobile phone service. II.Use With respect to phone services,unless we obtain your approval in accor- How does Comcast use nally identifiable Information and CPNI? dance with our policies described below under"How do I give or withhold my approval for Comcast to use CPNI to market additional products and We collect,maintain;and use personally identifiable information and CPNI services to me?',Comcast may not use CPNI to market products and serv- as permitted by the Cable Act and the Telecommunications Act and other ices to you other than the phone services. applicable laws. We use this information primarily to conduct business activities related to providing you with our cable service and other serv- Comcast transmits, and may collect and store for a period of time, ices,and to help us detect theft of service. Generally speaking,we use personally identifiable and non-personally identifiable information about personally identifiable information In connection with° you when you use our high-speed Internet and phone services to: • send and receive e-mail,video mail,and instant messages: To whom may Comcast disclose personally identifiable information? • transfer and share files: • make files accessible; We may disclose personally identifiable information as provided for in the • visit websites. Cable Act when it is necessary to render,or conduct a legitimate business • place or receive calls; activity related to,the cable service or other services we provide to you. • leave and receive voice mail messages; These kinds of disclosures typically involve billing and collections,admin- • use the SmartZone Communications Center or Comcast Digital istration,surveys,marketing,service delivery and customization,mainte- Voice Center,as applicable; nance and ouerabons,and fraud prevention,for example. We may also • establish custom settings or preferences: collect,use,and disclose information about you in non-personally identifi- • communicate with us for support;or able or aggregate formats,such as ratings surveys and service usage and • otherwise use the services and their features other statistical report,which do not personally identify you,your particular viewing habits,or the nature of any transaction you have made over the Our transmission,collection,and storage of this information is necessary to cable system. The frequency of any disclosure of personally identifiable render the services. In certain situations,third-party service providers may information varies in accordance with our business needs and activities. transmit collect,and store this information on our behalf to provide features The Cable Act authorizes Comcast as a cable operator to disclose limited of our services. These third parties are not permitted to use your personally personally identifiable information to others,such as charities,marketing identifiable information except for the purpose of providing these features. organizations,or other businesses.for cable or non-cable"mailing list"or We may also combine personally identifiable information,which we col- other purposes. From time to time we may disclose your name and address lect as described in this notice as part of our regular business records, for these purposes. However,you have the right to prohibit or limit this with personally identifiable information obtained from third parties for the kind of disclosure by contacting us by telephone at 1-800-COMCAST or by purpose of creating an enhanced database or business records. We may sending us a written request as described below under"How do I contact use this database and these business records in marketing and other ac- Comcast?" Any"mailing list"and related disclosures that we may make tivities related to our cable service and other services. We also maintain are limited by the Cable Act to disclosures of subscriber names and ad- records of research concerning subscriber satisfaction and viewing habits, dresses where the disclosures do not reveal,directly or indirectly,(1)the which are obtained from subscriber interviews and questionnaires extent of arry viewing or other use by the subscriber of a cable service or other service provided by us:or(ii)the nature of any transaction made by Ill.Disclosure the subscriber over our cable system, Under what circumstances may Comcast disclose personally iden- We may sometimes disclose persorially identif lable Information about you tifable information to others? to our affiliates or to others who work for us. We may also disclose per- sonally identifiable information about you to outside auditors,professional Comcast considers the personally identifiable information contained in advisors,service providers and vendors,potential business merger,acqui- our business records to be confidential. The Cable Act authorizes Corn- sificin,or sale partner.,and regulators. We make these disclosures as pro- cast as a cable operator to disclose personally identifiable information vided for in the Cable Act. Typically,we make these disclosures when the concerning any subscriber for the following purposes if the disclosure is: disclosure is necessary to render,or conduct.a legitimate business activity • necessary to render,or conduct a legitimate business activity related to,the cable service or other services we provide to you. We may related to.the cable service or other services provided to the be required by law or legal process to disclose certain personally identifiable subscriber: inforrnaton about you to lawyers and parties in connection with litigation • required by law or legal process(described below under"When is and to law enforcement personnel. Comcast required by law to disclose personally identifiable if we(or our parent company)enter into a merger,acquisition,or sale of information and CPNI by law?");or all or a portion of our assets.subscribers' personally identifiable infor- • of the names and addresses of subscribers for"mailing list"or other mason will,in most instances.be one of the items transferred as part of purposes(subject to each subscribers fight to prohibit or limit this the transaction.. If this notice will be changed as a result of a transaction disclosure and the CPNI Policy described below under`How do I like that, you should refer below under"Will Comcast notify me if it place myself on Comcast's'do not call"and'do not mail'lists?"). changes this notice?" The Cable Act prohibits us from disclosing personally identifiable information We may also use or disclose personally identifiable information about you concerning any subscriber for any purposes other than those listed above without your consent to protect our customers.employees.or property, in emergency situations,to enforce our rights under our terms of service without the subscriber's pr' written or electronic consent. and policies,in court or elsewhere,and as otherwise permitted by law, When may Comcast disclose personal information toothers in con- court order required to nection with phone service? noth the subscriber of the court order, If the court order is sought by a governmental entity,the Cable Act requires that the cable subscriber be Comcast may disclose to others personally NontifiaUle information in con- afforded the opportunity to appear and contest i rt proceeding rel- nection wKhfeatumuandeervmmmunhooCal|o/|R0111911.mnddi ovantto the court order bi made insupport of the court ordor. rectory services uofo|lciws� Ak the proceeding,the Cable Act requires tho governmental entity to offer • We - -it your -|------ -- clear and convincing evidence that the subject m the information/cmo- di-�- -Caller you oho�U� bbok mmably suspected ofengaginginuhmina|ac8vityundthat the information mog�wwuNLmm��rkgm/|Vonoein�oomm such in�rm�|on. Please no���Ca||m|DMooNny may n� . prevent the diu |-^of'— nomean&hrtelephone numbewhen - you dial certain business m emergency numbers,S11.900 For" hbmn high-speed Internet and phone services,the Cable numbers,nr toll-free V00.888.877.nr866numbers. Act requires`°''~=`°===°personally identifiable information and in- • We may provide your name,address.and telephone number to "','""a'x identifiable^"`' o"private third party"'='== o"="'` public safety authorities and their vendors for inclusion in E91 I order,and we are required to notify the subscriber of the court order, The databases and records,inclusion|n"reverse 81l^systems,mto Cable Act requires us to disclose personally identifiable"information and"in- troubleshoot 911/E91l record errors. "',~"=v identifiable^'N about subscribers~high-speed • We may publish and distribute,or cause toUopublished and phone services to"government= distributed, and order,°==°'=='a',==a'p= °"=e on disks. Those telephone directories may include subscriber tifying the subscriber of any disclosure of personally identifiable information names,addresses,and telephone numbers,without rest iction to to a goverriment entity by the terms of the subpoena.court order,or search their use. warrant • We may also make subscriber namaw uddmomm and' ` How does Comcwst protect personally identifiable information? numbers available,w cause such subscriber information tobe made uvailable � hdi �N assistance n�� ` �-" directory �-'-' . • Ne may provide subscribers'names,addresses.and telephone ��h8|uw�d~otry-smodun~'mcti^"°to take such~~d~ actions as~am '~^- n-'h--W unaffiliated directory',-b|ish publishers and asob- oomu9to prevent unauthorized access tu personally identifiable|nfhnna' ta000pmvidemforthoirvmoinoma-ingdinxctovioound offering \kmby"'"'^"' other than the bmnbo~ � Moxmvm'we cannot guarantee that�000 �� ��||pmvmdmm�unou@ohzodaKom� dimc��ouo��noaeewi�*o ^ ~~ � • Once our subscribeo'names,addresses.and telephone numbers to access,ono'm disclose personally identifiable information. appear N telephone directories m directory assistance. How long does Cmnmmst maintain personally identifiable inhxrmeton? sorted.packaged,repackaged undmadommilab|aognnindiffownt formats oyanyone. Cumomst maintains personally identifiable information about you inour regular business records while you are e subscriber to our cable service We take reasonable precautions that is n|ixted or other services. We also maintain this information for apnnmdoftime numbers are not included in our telephone imxtodoomdkaotorymmio- afteryou are no longer a subscriber if the information imnecessary for tamw services,but wm cannot guarantee that errors will never occur. the for which it was collected satisfy These K�en��mem��ou�db^d��km��e�mo|W��nN�m�� '���' typically include purposes.— these ' long apply,wm will destroy the information according toour information and CPm|? internal policies and procedures. We make b| effort to protect subscriber described IV.Customer Access and Choice per- sonally identifiable information or individually sub- How can |see my personally identifiable information nrCPN|and o:ribmr, These disclosures may bn made with orn�hout the subscriber's correct it if necessary? consent,and with or without notice,in compliance with the terms ofvalid |egopnocessmuohonaoubpnona.cmurtordermmoorchvenan , You may examine and correct,i(oocn the personally identifiable information rdi that is |leote and maintained by Comcast For subscribers toour cable television service,the Cable Act requires in our regular business records. In the personally identifiable Comoa*onocat|e operator to disclose ponmnal|y identifiable information information contained in these records consists solely d billing and ac' toathird'purtymgovommonta|mdtyinmoponootoacomrtordm. If the count information. We will correct our records if you make areasonable showing that any of the personally identifiable information we have col- have on file to provide you with information about our communications- lected about you is inaccurate. related products and services or special promotions. Our use of CPNI may also enhance our ability to offer products and services tailored to If you have Internet access,you can view and change certain informa- your specific needs. tion yourself as follows: We would like your approval so that we,our agents,affiliates,joint venture • For accounts you have established at the Comcast com website,we partners,and independent contractors may use this CPNI to let you know the Sign In or My Account(or similar)feature at www.comcast.cam; about communications-related services other than those to which you • For high-speed Internet accounts,use the Sign In or My Account currently subscribe that we believe may be of interest to you. If you (or similar)feature at www.comcast.net; approve,you must affirmatively tell us by opting in to this use of CPNI. • For Comcast Digital Voice accounts,use the SmartZone Commu- You may approve(and later deny or withdraw a prior approval)our right nications Center or Comcast Digital Voice Center,as applicable, to use your CPNI for this purpose by calling the numbers listed below. using the Sign In or My Account(or similar)feature at Our CPNI Policy contained in this notice is effective December 8,2007,. wwvv mmruasf.net/di Al Wyorcecenter. You may also examine the records containing your personally identifiable Service Call this Number-- information at your local Comcast office upon reasonable prior notice to Comcast Digital Phone& 1-800-COMCAST us and during our regular business hours. If you wish to examine these Comcast Digital Voice records,please contact us by mail or telephone at 1-800-COMCAST,giv- Comcast Business Communications 1-888-262-7300 ing us a reasonable period of time to locate and,if necessary,prepare &Comcast Lon g Distance i i the information for review,and to arrange an appointment. You will only ""` ..........°__ ". be permitted to examine records that contain personally identifiable in- Comcast also offers various other services that are not related to the serv- formation about your account and no other account. ices to which you subscribe. Under CPNI rules,some of those services, such as Comcast cable television services,are considered to be non- If you make an affirmative,written request for a copy of your CPNI,we communications related products and services. Occasionally,you may will disclose the relevant information we have to you at your account ad- be asked during a telephone call with one of our representatives for your dress of record.or to any person authorized by you,6 we reasonably be- oral consent to Comcast's use of your CPNI for the purpose of providing lieve the request is valid. However,subscribers to our phone services you with an offer for non-communications related products and services. should be aware that we generally do not provide them with records of If you provide your oral consent for Comcast to do so,Comcast may use any inbound or outbound calls or other records that we don't furnish in your CPNI only for the duration of that telephone call in order to offer you the ordinary course of business(for example.as part of a bill)or which additional services,. are available only from our archives,without valid legal process such as a court order. In addition,we cannot correct any errors in customer If you deny or restrict your approval for us to use your CPNI,you will suffer names,addresses,or telephone numbers appearing in,or omitted from, no effect,now or in the future,on how we provide any services to which our or our vendors'directory lists until the next available publication of you subscribe. Any denial or restriction of your approval remains valid those directory lists. Further,we may have no control over information until your services are discontinued or you affirmatively revoke or limit appearing in the directory lists or directory assistance services of directory such approval or denial. publishers or directory assistance provider which are not owned by us or our subsidiaries. Hew do I place myself on Comcast's"do not call"and"do not Comcast reserves the right to charge you for the cost of retrieving and mail"lists? photocopying any documents that you request. You may contact Comcast at 1-800-COMCAST to ask us to put your name on our internal company"do not call"and"do not mail"lists so that you How do I give or withhold my approval for Comcast to use CPNI to do not receive marketing or promotional telephone calls or postal mail market additional products and services to me? from us or made at our request. You also have the right to prohibit or limit disclosure of your personally identifiable information for"mailing In addition to Comcast Digital Phone and Comcast Digital Voice,various list"or other purposes as described above in this notice by contacting us direct and indirect subsidiaries of Comcast Corporation offer many com- at 1-800-COMCAST. munications-related services,such as Comcast High-Speed Internet serv- ices. From time to time we would like to use the CPNI information we Comcast'n use of your account information for marketing and promotionai tgation costs, Other and remedies may bo available to you under activit0sbalso subject to your right to limit m restrict 8nm making federal m other applicable laws zuwell, those offers oo described above in"How do I give m withhold m approval kxComeemt tu use CPN|te market additional products and services Will Comnmst notify me|fitchanges this notice? Vomm?''in this notice Aw required Uy the Cable Act,mm will provide you with o copy cf this cus- tomer privacy notice mt the time we enter into anagreement to provide K you prefer to contact Comrostin writing instead of by telephone,you any cable service or other service to you,and annually afterwards,oram send awh�mmquo���oaddmu |k�dAmbwu�e/"How do|xmntut v1hamvima ��dhy| �m iw�omm�uuve�vmnion� Comoa�9'' 8a sure toindudo your name and address,your Cum ast this notice k9 going W .searching for"privacy po||uy~ count number,and o daytime telephone number where you can Uareached and selecting the oppmpr,atelink. in the i we have any questions bout your request. The written should be signed by the person who is idectified in our billing records as the subscriber. K you have a joint account,a request by one party will apply to We may modify this notice at any time. 0e will notify you d any material the entire account. If you have multiple accounts,your notice must aepm' changes through written,electronic,or other means and as otherwise rately identify each account covered ty the request. permitted by law. If you find the changes to this notice unacceptable,you have the right hm cancel your service |f you continue touse the service What e-mail communications w3|8amcast send!nme and how do following notice of the changes,wa will consider that Nbe your nruopt- |mmnagethem? mnoanf and consent to the changes in the revised privacy notice, This includes your consent for any personally identifiable information that we We may send u welcome e-mail and sometimes other information tonew may collect and use starting the effective date of the revised notice, subscribers to our cable service and other services(including each new an well mo for any personally identifiable information that wm have col- secondary mccuunthoNer,whereappioub|o). Nemoyo|mnamndmam- lexted prior 0u the effective date of the revised notice. However,mwwill ice-related announcements to our subscribers from time totime. For ex- only consider your continued use of the service WUo your acceptance of ample, ww may send you wo e-mail announcement about mpricing and consent tochanges in the revised privacy notice for changes made change, a change in operating policies,a service appointment,mnew after December 31,200& features of one u/more of the cable service nr other services you receive from us, You may ck opt-out of these service-related communications, Now dnI contact Cnmoast? If you fail to check your primary e-mail address for service-related an- nouncements, you may miss important information about our services, U you have any questions msuggestions regarding Nix privacy notice, including legal notices,for example. m wish$o contact uo about your personal information,please reach um as follows: We reserve the right to send you promotonal or commercial e-mail as permitted by Phone: 1-00-COMO> """"==ails°".~=st may send myou by following the instructions Web site: contained^~ in the e-mails or by going to the web page located at Mail: Cumoust Cable Communications.UC jerence_�and following the directions there, We AVn:Law Dmpa�mo* Cum�mmrPhvm�No�c dp' for example. By providing this additional information to us we One ComcastCenter will boable to better inform you of the availability of special offers and Philadelphia,P8191O3-2838 promotions in your area. If you no longer wish to receive these e-mails you may opt-out of receiving them by going to the same page and chang- Revised and effective:January 1,2009 ing your contact preferences, What can|doi/|think myprivacy r'yhts have been violated? If you believe that you have been aggrieved hy any act of ours inviolation of the Cable Act.we encourage you to contact uo directly mdescribed below in"How dn|contact Cnmuust?~i order toresolve your question or concern You may also enforce the limitations imposed on us by the Cable Act as applicable with respect to your personally identifiable infor- mation through a civil lawsuit seeking damages.attorneys'fees,and lit- Form 100 Exhibit c Channel Line—up Please see the following page(s). XFINIT'Y* in i t Channel e the future of awesome' North Andover, MA C-090106.13 VI�III�III IIIIIII III IIII VIII Iil li"uilll l 52 Comcast SportsNet 841 Fox Mews HD 554 Comcast Wok H®et"° IIIIII 54 Travel Channel 842 CNN HD 855 Spike TV HD 3 HSN BH 2(PBS)/HD 802 57 BrravoTV 859 AMC HD Network HD ass AMC HD Central HD 4 WBZ-4(CBS)/HD 804 59 AMC 863 Animal Planet HD 860 Cartoon Network HD 5 WCVB-5(ABC)/HD 805 60 Cartoon Network 872 History HD 862 Syfy HD 6 NECN 61 Comedy Central 905 BET HD 863 Animal Planet HD 7 WHDH-7(NBC)/HD 807 62 Syfy 906 HSN HD 865 NBC Sports Network HD 8 Public Access 63 Animal Planet 907 Hallmark HD 867 TLC HD 9 WMUR-9(ABC/HD 809 64 TV Land 910 H2 HD 872 History HD 10 WWDP-DT 65 NBC Sports Network 901 MSNBC HD 12 WLVI-56(CW)/HD 808 67 Food Network 902 truTV HD 13 WFXT-25(FOX)/HD 806 68 BET 905 BET HD 14 WSBK myTV38(MyTV)/ 69 Golf Channel Im 906 HSN HD HD 814 71 History 907 Hallmark HD 15 WBPX-68(ION)/HD 803 186 truTV 908 UP HD 16 WGBX-44 PBS /HD 801 208 Hallmark Channel 909 Investigation Discovery HD (PBS) i On Demand 17 WUNI-27 UNI /HD 816 234 Inspirational Network 910 H2 HD ( ) 45/246 Bloomberg TV 18 WBIN IND /HD 811 238 EWTN t 916 Bloomberg TV HD ( ) 251 MSNBC 182 TV Guide Entertainment 920 BBC America HD 19 HD 81-60(Telemundo)/ 199 Hallmark Movie Channel HD 815 270 Lifetime Mov a Network 20 WMFP-62 IND /HD 813 284 Fox Business Network 200 MoviePlex I ( ) 211 style. 21 WUTF-66(UniMas)/HD 817 215 WE tv 22 Access Channel s 218 PBS Kids Sprout 25 Nickelodeon 23/295 WYDN-48(Daystar) 219 G4 44 C-SPAN 235 UP 28 MTV 48/183 Jewel Television 24 Disney Channel 29 VH1 Jewelry 58 QVC 25 Nickelodeon 241 BBC America 31 TBS 97 Public Access 32 HGTV 242 H2 33 TNT 99 Educational Access 43 CNN Headline News 243 bio. 38 TLC 184/640 XFINITY Latino 47 The Weather Channel 247 C-SPAN2 49 ESPN 209 WGBH World 249 C-SPAN3 67 Food Network 50 ESPN2 217 WGBH Kids 210 National Geographic 252 Investigation Discovery 51 NESN 267 GSN rout 229 Trinity Broadcasting Network 218 PBS Kids Sprout 52 Comcast SportsNet 333 XFINITY 3D 9 237 WGBH Create 221 The Hub 3 55 Spike TV 268 CatholicTV 222 Disney XD 334 ESPN 3D 57 Bravo 784 Travel Channel HD 62 224 TeenNick Syfy 283 Leased Access 786 G4 HD y 288 WBIN-Live Well Network 227 Science Channel 65 NBC Sports Network 229 Trinity Broadcasting Network 788 Lifetime Movie Network D 69 Golf Channel 289 WBIN-COOL TV y g 789 Fox Business Network HD 290 WNEU-Exitos 240 DIY 218 PBS Kids Sprout 291 WLVI-TCN 247 C-SPAN2 790 Hallmark Movie Channel HD 270 Lifetime Movie Network 292 WCVB McTV 791 QVC HD 788 Lifetime Movie Network HD 297 WHDH This TV 794 Bravo HD 794 Bravo HD 298 WMUR-MeTV ti ii 795 CNBC HD TM 797 bio.HD 825 Nick HD 299/724 WUNI-LATV �� ''''` 799 WE tv HD 827 MTV HD 300/721 WFXZ-24(Mundo Fox) 810 NECN HD 829 VII-11 HD 3 HSN 823 Discovery HD 831 TBS HD 1 24 Disney Channel 824 Disney HD 833 TNT HD 34 Ei 848 Golf Channel HD 35 USA 825 Nick Fa ply H° 849 ESPN HD 24 Disney Channel 36 Lifetime 827 MTV HD 850 ESPN2 HD 25 Nickelodeon 37 A&E 828 Palladia 851 NESN HD 26 ABC Family 39 Discovery Channel 829 VH1 HD 852 Comcast SportsNet HD 28 MTV 41 Fox News 862 Syfy HD 830 FX HD 865 NBC Sports Network HD 29 VH1 42 CNN 831 TBS HD 30 FX 47 The Weather Channel 832 HGTV HD 867 TLC HD 31 TBS 58 QVC 833 TNT HD 32 HGTV 59 AMC 834 EI HD i 33 TNT 60 Cartoon Network 835 USA HD 34 E! 61 Comedy Central 836 Lifetime HD 35 USA 63 Animal Planet 837 A&E HD 1 On Demand 36 Lifetime 64 TV Land 125 RI-TV Velocity HD 37 A&E 67 Food Network 176 Ovation 38 TLC 68 BET 841 Fox News HD 842 CNN HD 190 BBC World 39 Discovery Channel 71 History 843 CNN Headline News HD 191 BabyFirst TV 41 Fox News 186 truTV 846 Universal HD 193 Smithsonian Channel 42 CNN 208 Hallmark Channel 847 The Weather Channel HD 196 Je°vrish Life TV(JLTV) 43 CNN Headline News 242 H2 848 Golf Channel HD 197 Encore Family 46 CNBC 247 C-SPAN2 849 ESPN HD 198 REELZ 47 The Weather Channel 823 Discovery HD 850 111 HD 201 Sundance Channel 49 ESPN 824 Disney HD 851 NESN HD 202 Flix 50 ESPN2 835 USA HD 203 Encore Action Sf3 COMCAST 204 Encore Love 913 NBA TV HD 205 Encore Suspense 914 MLB Network HD 206 indieplex 915 Ovation HD oil= 207 Encore Westerns 921 Oxygen HD 399 In Demand HD 134 Willow Plus 208 Hallmark Channel 922 Nat Geo Wild HD 401-403 Home Theater 679 Rai Italia 210 National Geographic 435 Penthouse TV 680 TV Globo 211 style. 451 Playboy 681 SIC 212 IFC 452 Juicy 682 PFC 214 TV One 457 TEN 685 Willow Plus 216 Oxygen mm 458 XTSY 688 TV5MONDE 220 Nicktoons 126 Crime and Investigation 459 REAL 701 Zee TV 221 The Hub 127 Military History Channel 800 In Demand HD 702 CTI-thong Tian 222 Disney XD 128 SportsNet NY(OOM) 703 RTN 223 Nick Jr. 130 Comeast SportsNet plllll 224 TeenNick Chicago(OOM) mm 225 retroplex 133 Comcast SportsNet 226 OWN Bay Area(OOM) 591-596 ESPN Fullcourt/GamePlan INC= 227 Science Channel 135 ESPN Goal Line 600 NBA LID PRE 641 TBN Enlace USA 228 Nick Too 192 beIN Sports(English) 601-610 MLA-NBA TEAM 1-10 642 Telefe Intemacional 230 Discovery Fit and Health 194 PAC 12 612 TEAM HD 643 TeleF6rmula 231 Halogen TV 195 Outside TV 621-634 MLB-NHL GAME 644 Pasiones 232 Nat Goo WILD 213 Turner Classic Movies 635 GAMEHD 645 TV Chile 233 Destination America 248 ESPNews 636 GAME2HD 646 TV Colombia 236 The Word Network 250 SPEED 647 VideoRola 238 EVVTN 255 Outdoor Channel 648 Utilfsima 239 Cooking Channel 256 Fox Soccer 649 TVE East 240 DIY 257 NBA TV 244 Disney Junior 258 ESPN Classic 650 TV Venezuela 245 Weatherscan Local 301 HBO 652 Telehit 248 ESPNews 259 NHL Network 302 HB02 653 Ritmoson Latino 253 Military Channel 260 TVG 303 HBO Signature 654 Bandamax 254 Current TV 261 CBS Sports Network 304 HBO Family 655 De Pelfcula 255 Outdoor Channel 262 FCS Atlantic 305 HBO Comedy 656 De Pelfcula Clasico 257 NBA TV 263 FCS Central 306 HBO Zone 657 SUR Peru 259 NHL Network 264 FCS Pacific 307 HBO Latino 658 VME Kids 260 TVG 265 NFL Network 321 Starz 659 Canal SUR 261 CBS Sports Network 266 Tennis Channel 322 Starz Edge 660 Once M6xico 265 NFL Network 269 MLB Network 323 Starz InBlack 661 Multimedios Television 269 ML13 Network 278 FX Movie Channel 324 Starz Kids&Family 662 Mexicanal 271 fuse 285 Big Ten Network 325 Starz Cinema 663 La Familia Cosmovision 272 MTV Hits 286 ESPNU 327 Starz Comedy 665 HTV 273 MTV2 287 NFL ReclZone 338 5 StarMAX 666 HITN 274 Centric 599 NBA TV 339 OuterMAX 667 Gran Cine 275 VH1 Soul 714 GoITV 340 MovieMAX 668 EVVTN Espahol 276 CMT Pure Country 715 NFL Network 341 Cinemax 670 Ecuavisa Internacionall 277 VH1 Classic 726 beIN Sports(Spanish) 342 MoreMAX 672 CB Tu Televisi6n Michoacan 279 GAC 796 ESPNews HD 343 ActionMAX 673 Caracol TV 280 MTV Jams 822 NHL Network HD 344 ThdlferMAX 674 Canal 52MX 281 LOGO 838 Tennis Channel HD 361 Showtime 678 LAS 282 CMT 863 NFL Network HD 362 Showtime 2 704 Supercanal Caribe 286 ESPNU 866 CBS Sports Network HD 363 Showtime Showcase 705 Mun2 326 Encore 885 Big Ten Network HD 364 Showtime Extreme 706 Discovery en espahol 599 NBA TV 899 NFL RedZone HD 365 Showtime Beyond 707 Cine Latino 686 Mnet 900 ESPNU HD 366 Flix 708 FOX De rtes 705 Mun2 903 Turner Classic Movies HD 381 The Movie Channel 709 CNN en Espahol 711 Tr3s 913 NBA TV HD 382 TIVIC Xtra 711 Tr3s 715 NFL Network 914 MLB Network HD 451 Playboy Channel 1 712 Viendo Movies 719 Galavisi6n 924 Fox Soccer HD 771 HBO Signature HD 713 Cine Mexicano 783 AXS TV 773 HBO Latino HD 716 History en espahol 785 Encore HD 775 HBO Zone HD 717 WAPA America 787 Style HD 868 Cinemax HD 718 Telemicro Internacional 792 Disney XD HD 870 HBO HD 719 Galavisi6n 793 Fuse HD Requires Digital Economy 871 HB02HD 720 ESPN Deportes 796 ESPNews HD or Digital Starter. 873 Starz Edge HD 722 BabyFirst TV(Spanish) 798 IFC HD 874 Starz Kids&Family HD 723 CentroAmericana 821 National Geographic HD 501-546 875 Starz HD 725 Discovery Familia 822 NHL Network HD Channel Information available on 876 Starz Comedy HD 726 beIN Sports(Spanish) 853 NFL Network HD musicchoice.corn 877 Showtime HD 727 UniMds West 856 CBS Sports Network HD 878 Showtime 2 HD 728 Univision West 864 CMT HD 880 Showtime Extreme HD 757 Television Dominicana 866 Science Channel HD 883 TIVIC HD 900 ESPNU HO 884 TMC Xtra HD 904 MGM HD 907 Hallmark HD 911 Destination America HD mix 9112 TV One HD P.p.,from FSC responsible sources .., FSC'0002965 Some restrictions apply.Not all programming is available in all areas.Digital capable equipment is required to receive any channel.High-definition capable equipment is required to receive high-definition channels.Additional equipment fees may apply. 1 A subscription to Playboy Channel digital service is required to receive this channel. 2 Available for individual purchase only. 3 Requires 3D TV,Comcast digital converter and subscription to 3D Technology Fee. 909 C-090 COMCAST Form 100 Exhibit D Price Card Please see the following page(s). N� f i n i ty �9��'muli ryp� 'iri i erar+q mriv iu� �M6ok�i�0e�AS'•W'rtlN� �DNI ���I '��U�qU�+����prii�"�Vd06� SIN i1tlpN�A���p�'�"ii �AIw9 ��j A����l{ p iiw�a j7(ff I adllloAtlNf (Rxln �(� �U�VI��N �^�f'( Ill ^�'rrmid4 �muwatm a �yum�1 Nw Brim +n�Ki ririun r �AiW!�r C.......... ... .....Effective Aln�e 201113 r4 o IC"t l"i1 Ar ,,.( ov e Ir, I'vI A an,uc=�_��raux , yu ," • ,.II„Il 6"16°ix°' �w s i'r ° .Ewa iE yc° ,., 0 M C A ........... .............. Mulftafinci Ultra Paquette Triple Includes Multil-afino Ullfa for XPINITY PACKAGS primary outlet,Performance,Internet and XFINITY Voice Unlimited $14999 ............... TFHPIL11i PLAY PACKAri'.':S1 sureprice ... ------------ ............ $129.99 MuffilLatino Ultra HD Paquete TCple Includes ViAtil-afinit Ultra for Starter XF Triple Play Bundle Includes Digital Starter for primary pCiriary outlet,ill)Technology Fee,.sari".Performance Internet and outlet,Performance Internet and XFINITY Voice Unlimited $141.99 XFINITY Voice Unhin'terd $159.99 Surep-rice, $119.99 $139.99 .................................. Preferred XF Triple Play Bundle Includes Digital Starter for primary MurfiLatima Ultra HD Plus Paquete Triple includes MultiLatino Ultra outlet Digital Preferred,Performance Internet and XFINITY Voice Unlimited $15499 for primary outlet HD Technology Fee.,HBO ,Start",Blast!'Internet Surened, J-129199 and XFINITY Voice Unlimited $179,99 HO Preferred XF Triple Play Bundle Includes Digital Starter sumprice $15999 for primary outlet,Digital Preferred,HD Technology Fee Stafz"' MulfiLarfino Total BID Paquete triple Includes MultiLatino Ultra Performance Internet and XFINITY Voice Unlimited $164.99 and HD DVR Service or Anyfloorrr,DVR Service for primary outlet, Su $139.99 HD Technology Fee,HBOa,ShowlimrrT,Stain,Cinemax",Sports ------------------- BID Preferred Plus XF Triple Play Bundle Includes Digital Starter Entertainment Package,Blast!'Internet and XFINITY Voice Unlimited $20499 for primary outlet,Digital Preferred.HD Technology Fee HBO',Starz', §ureprice, Blasfl'Internet and XFINITY Voice Unlimited $184.99 MultilLatinc,Pius Bundle XF Includes MultiLatino Plus for primary SurePricel $159.99 ar>flet Frorrom Plu Internet and XI INI FY Voice Loral With More $79.85 HID Premier XF Triple Play Bundle Includes Digital Starter and Digital Multill.aline,Extro Bundle XF includes Muldt-afirro Extra for prImaiy Premier with HD DVR Service or AnyRoom DVR Service for primary outlet,Economy Plus Internet and XFINITY Voice Local With More', $34.85 outlet,HD Technology Fee,Blast!`Internet and XFINITY Voice Unlimited $209.99 XAMLE PLAY T)ACXAXTLSI SurePuce? $179.99 Blast Pius'"Includes Digital Economy and Streampix" HID Complete XF Triple Play Bundle Includes Digital Starter and for primary"outlet and Blast" Internet $82.95 Digital Premier with AnyRoom"DVR Service for primary outlet.three Digital Additional Outlets with HD digital converters and remotes, Blast Plus-vvith HBOO Includes Digital Economy arid Stfeampix 11D Technology Fee,The Movie Channels Blast!?Internet,Wireless and HBO''for primary outlet and Blast!s Internet $89.95 Gateway,XFINITY Wireless Networking Signature Support and XFINITY Sureprice, $69.199 Voice Unlimited $239.99 Preferred XF Double Play Includes Digital Starter for primary outlet, Sumpriw $219.99 Digital Preferred and Performance Internet $139.65 Economy Triple Play XF Includes Digital Economy for primary outlet, SurePricel $109.99 Economri,Plus Internet and XFINITY Voice Local With More' $89.85 MultiLatino Max XF Double Play Includes Muffit-atino Max for M-U 111 1 1 r A'T I I l0 1 0 PAQUETE TRIPI E�r primary outlet and Performance Internet $136.84 SU~ $104.99 MultilLatino Max Paquete Triple Includes MuftiLatino Max for MultiLatino Ultra XF Double Play Includes MultiLatino Ultra for primary outlet.Performance Internet and XFINITY Voice Unlimited $136.99 primary outlet and Performance Internet $15379 Sureprice $119.99 Surep" $114.99 Starter XF, Preferred XF, HD Preferred XF, HD Preferred HD Premier XF, HID Complete XF 1,71LAY IDACKM5111:1 Regular MultiLatino MultiLatino MultiLatino Plus XF,MultiLatino MultiLatino XFTriple Play M Uf 111 AT'll,40 PAQU E TETWPLE REWARDS Price Max Ultra Ultra HD Ultra ND Plus Total HD' Bundle' HBOO14 $1995 $15.00 $1500 Included Included Included ------------- .........................------------------------------ ................. $j§.0O_. - I ____ $1995 $1000 $1000 $1000 $10,00 Included Included ------------------------ ------ ------- Starz•ll $19. 5 5iqQQ LIQ QQ included Included Included ......... ................ ...... ................... ..... CinernaX614 $19.95 $1000 $1000 $1000 $1000 Included Included The Movie Channels $19.95 $1000 $10.00 $10.00 $1000 Included - -- --- - ------ ----------------- Sports Entertainment PackageOu _$895 $8.95 95 If 6 95 ir6 95 Included, Included DVR Service-"-"(primary outlet)HO Technology Fee (whole house)Is required at an additional charge of$9.95 $8.00 $800 $8,00 WOO Ploo Included Indkided " AnyRoom®DVR Service","O"HD Technology Fee (whole house)is required at an additional charge of$9 95 $10.00 $1000 $1000 $1000 $10.00 Included Included Digital Additional Outlet Servicel" $995 $9.95 $9.95 $995 $9.95 $9.95 Included N'Tr 19 3) ......................................................... HID Technology FeW7 $995 $9.95 $9.95 Included Included Included Included ........... 30 Technology Feel"HD Technology Fee(whole house is required at an additional char•e of$9.95 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $u)o Blast!®Speed Upgrade' $61.95 $1,000 .. .........$10,00. ...Induced Jncluded...............Included,, Extreme 105 Upgrade,13 _$9995 $48.00 $38,00 $38.00 $38,00 - --- ------- ArryRo.am*DVR Service'-","HD Technology Fee(whole house) is required at an additional charge of$9 95 $10.00 Dr tai Adt na� Sinvicen qrdlat,� Current New Price BASy C SERVICES Price Eff.07/01/13 with Standard Definition Riyla Converter $995 ............. r-,th HD OkAA Converter ° $9 95 North Andover W0 DVR StIvice $17.95 ....... ............................. Limited Basic" $1264 $13.75 $745 Expanded Basks"Includes standard definition Digital Adapter Additional Outlet Service(per outlet) digital converter and remote for prim outlet $5731 $56.20 with Standard Definition Dir. Adapter $199 ................. p Franchise Related Cost"11 $1 76 $217 with HD Dk tal Adawer $199 C'11GITA I,, I NTERIiVil, ONA1,,SELECI 01itsm ------------ -------- ----------- Digital Economy Includes Limited Basic Dig to Economy channels,and Rai Italia Italian, $999 a stardard definition digital converter and remote for the primary outlet TV5 MONDE'French, $999 access to Pay-Per View programming and Music Choices $39.95 with XFWrY Voice or Internet Service $34.95 CTI-Zhang Tian Channel m e,(Mandarn) $1199 Digital Starter"In Limited Basic Expanded Basic,Digital PITH(Russian) $14.99 Starter channels,MoviePlex,access to Pay-Per-View and On Demand Willow Plus(South Asian) $14.99 programming and flusic Choit;0 $6995 Zee TV(South Asian $14.99 Digital Preferred plus One Premium"Includes Digital Preferred and SIC;Portuguese) $999 choice of HBOc.Showfintes Star7E,Cinemax-or The Mov e Channels $3245 TV Globe Portuguese/Brazilian) $19.99 Digital Preferred plus Two Premiums"Includes Digital Preferred and the choice of two premium channels of HBO,'.ShowdimO,Satz' Cinemax or The Movie Channel' $43.45 TV Globe&PFC(Portuguese/Brazilian, $29.99 ---------- Digital Preferred PIUS13 Inc udes Di, 4italPrefeiTsti,11-18101 arrd'§Latz�71 $43.45 PAY',P E R,V 1 E W A'fll C1 ID N r),E M,A 4,f)S U 8 S C f�11 PT 0 S,E I Vv,'il ES11 Digital Premier"Includes Digital Preferred HBO``..Showlime Starzs, (MONTHLY EXCEPT AS NOTED) Cinema; and Sports Entertainment,Paclkaorr $57.45 Bollywood Hits On Demand 99 MultiLatina Plus Includes Limited Basic Multil-atino Bollywood Hits On Demandw/a South Asian international premium $9.99 standard definition di9rial converter and remote for primary outlet $2695 Howard Stern On Demand $10.99 MufflLarthrio Extra includes Oit hat Economy and Mullf-alino 539.95 Howard Stern On Demand one year subscription $119.99 MultiLarthrus Max Includes Multil-al no Extra,Mudil-at,no Max channels. .................................... ...... ... .... ............. ........... ......... ........ ......... ..... .......................... WWE Classic access to P,�,p-Per-View and On Demand programming $59.95 -On Demand $799 Multill-atfinu Ultra Includes Multil-atino Max and Diyjfiaf Preferred $7690 here!TV On Demand $7.99 Fil�oina0arClemm�nde „„ $7,99 1,3,A,S 4 A1`41)D11,"1 TAI A IN C 1�L A ii,?Y S 04,,V C 1,,S Filipino On Demand w/a Filipino international premium $5.99 HBO's'" $19.95 Too Much for TV On Demand $14.99 Showthri $19.95 Disney Family Movies On Demand $5.99 Star011 $19.95 The Jewish Channel On Demand $6.99 Chrientair" $1995 Pay-Per-View and On Demand Movies and Events" The Movie ChanneI01• $19.95 ipertfile or event, i C e","V a y, Pla,ybd�_ ....... Streahmpix' 5 $11,99 Digital Preferred" $17.95 SP01,7,'rS PIACKA(,,'H�P15,�1`11 MultiLatinoll $16.95 MLB Extra findings Call 1-800-XF I INII Y for pricing Fairly Tier's $14.95 ........ $8.95 MLS Direct Kick Call 1 800-XII1,11 ry-of pricin,j Sports Entertainment NO Technology Feel'(whole house) NIHI-Pentler'lic,le I Call 11-_810G-X,FjqI1y for pli $9.95 NBA League Pass Call 1-800-XFINI TY for micirr( 3D Technology Feel'HD Technology Fee(whole house)is required $0.00 PH liamePlan all 1-8'00-XFINITY for pncin at an additional charge of$9 95 ES DVR Service,"Os(primary outlet)HD technology Fee(whole house) ESPN Full Court Call 1-800-XFINITY for pricing is required at an_add tfional dhafLeot_$g,9,5___ $800 Current New Price RE At.71 wh ir 110 IN F V I I D E 0 E a IU I ll 1114 EINT Price Eff.07/01/13 (NO IN HOME VISIT REQUIRED-PER OCCURRENCE UNLESS NOTED) Limited Basic Only Converter $0,60 $1 00 Office reacti,va ion for Xf!NITY Internet Dig $2.15 $250 9 $5.00 ital Converter Office reactivation for XFINITY Voice Remote Control $0.18 No Chamle Off ce reactivation for XflN!Ty IV _$_I 99 RID Digital Converter(Limited Basic Only) $2.'5 $2.20 M i MIS E I�L fi,N E 0 U S t'11,1"ll-'.",S Di(Standard-Definition tal ter2l(Limited Basic Only) (PER OCCURRENCE UNLESS NOTED) or High-Definition) (1st,2nd,3rd outlet) $0.00 No Change Service Protection Plan12(per rnonth;covers all products) G4th 5th.,6th,etc outlet -$0.50- No Chanwje Inside home wiring protection for cable IV, Cati'first card in device) $0,00 No Chan qe high steed Internet and phone services. $3.95 CableCARD(secopci�card jn,same device) $1.00 Nu Change Computer Performance Tool"(per month)Automated computer dra( tool for improved eed,perfor ance andsecurRy $4,95 Customer-Owned V'deo Equipment Credit -mnshc-9 � lf- w �rrr 1 1 (See www.comcast,com/equipmentpolicy for Computer P-otection Plus3 (per month)Protection for computers additional information) $2,50 No Chan-,le laptops and tablets Includes Service Protection Plan, $9,95 Help Desk31(per month)2417 technical support for computers, I1114S74ki LATION FEEM11 Current New Price networks,WiFI,printers and more. $14.95 ... . ........ (PER OCCURRENCE UNLESS NOTED) Price Eff.07/01/13 Help Desk Plus�(per month)24/7 tech-ical support for Unwired Home'9(Standard Installation) computers,retwri NiFiprintell,virus removal and more. $19.95 at time of initial installation of service $32.00 No Change TV Protection Plus37(per month)Protection for flat panel after initial installation of service N/A No CharriLe televisions.Includes Service Protection Plan. $14.95 Wired Horni(Standard Installation) Complete Protection'(per month)Protection for computers, at time of initial installation of service $32.00 No Change laptops,tablets,flat panel televisions and home phonss. after initial Installation of service N/A No Cl-i Includes Service Protection Plan. $19.95 Two Product3'0' Wireless Networking Signature Support(per month) at time of initial installation of service $80.00 No Change 24/7 technical support for wireless home network $5.95 after initial-installation of service N/A No Chan2q Wireless Networking& Three Product Computer Computer Performance Support(per month) at time of initial installation of service $90.00 No Change 24/7 technical support for wireless home network after initial installation of service N/A No Chan,,je plus P , ifirnization for improved speed and performance. $995 Installation of each Add it-ional-Outlet C"i............................................ . ..... at time of initial installation of service $13.35 No Change Wireless Networking Signature Support Enrollment Fee after initial installation of is rvice $31,50 $3215 (per occurfenc $39.00 Activation of each Additional Outlet Wireless Networking& at time of initial installation of service $5.60 No Change Computer Performance Enrollment Fee(per occurrence) $39.00 ...................... ......... ...... ...... .... ...... .. ............ after initial installation of service $21.75 $22.05 HPIPTpok Enrollment Fee(per occurrence) $3900 , ....................................... ......... Relocate" diticrarapbutiiiii.......... Help Desk Plus Enrollment Fee(per occurrence,' $79.00 at time of initial installation of service $133 5 No Change Field Collection Charge Visit to customer's I I- residence I I I I required I I I I I I after initial installation of service $13.60 $28.55 to collect I.ast due balance or unieturned equVrTem $20,100 Connection of VCR/DVD at time of initial installation of service $7.90 Returned No Changp I I I--p , .. .. pom after initial installation of service $16.35 No Change Late Fee(on overdue account balances 5% ...... Name Change Fee $1.99 Upgrade/Downgrade of Service No in home visit required $1.99 No Change Convenience Fee-Agent Upgrade Standard Definition DVR For I payment made by phone with a Customer Care Bejfesqqafive,, $599 or HID DVR Service $20.05 $26.30 Bill Statement Reprint-Agent ........ ...... - For bill statement copy requested by phone or in person. $5,00 qpqradqot��ieryice home visit required $20.05 $2630 - --- ------------- Unreturned or Damaged Equipment FeeS39(per piece) Replacentekt Cost Downgrade of Service In home visit required $1205 No Chanle ................... H y- SignailiAmplifier $35.00 ourly Service Char custom installation work $3120 No Chance Self Install Kit" $15.00 In-Home Service Visit $3210 N Chances Saft!psfa!!,"ipp and i jftanda!q§Yj�pijn ) 9.95 -!n q......I...ndlu! ------ --- ------------ .......--- Self Install Kit Shipping and Handling(Priority Shipping) $2995 Shipping and Handling-Remotes(Separate Shipping) $5.95 TV Guides"'Weekly Magazine(per month) $4.20 XFINITY" MCE" Wireless Networking On-Site Professional Set-Up {Separate ripper occurrence} $9995 Wireless Networking On-Site Professional Set-Up XF'NITY Voice—Unfiranted- $44.95 . (ea h additional device over devices $29.95 With TV or Intenet Servie $3995 "In1"I "" _ _ Extreme 105 Professional Internet Installation(per occurrence) $249.00 XFINITY Voice Local With More® $34.95 with TV or Internet Service $24.95 In-Home Service Visit $4000 Unreturned or Damaged Equipment Fees"(n,t piece) Replacement Cost CARE�::IZEEI!4tN�JITES'iNTERNAI OB 4A.CA,ILING,l,,AI,,Vs MjpUie 'S Caring Hans are addjtuona�c0 plan,to,peck of 6",,C rp�s. Carefree Minutes Asia 100 $4.95 ........... Carefree Mhiules-Latin America 300 $9.95 ......................... Carefree M#nuter Mexico 300 $9.95 Carefree Minutes Mexico 100 $4.95 Gaireftee*rrutes Waslern Europe 100 $4,95 .................................... Carefree Minutes Worldwilde 300 $1495 ............. ............................... (PER MONTH UNLESS OTHERWISE INDICATED) .. ............... ...... jqxt.Mersa qin �qr only $2.95 _q L Voicemail $3.95 Additional Line with Calling eatures $21.95 0-—----------------- ------........ Additional Line without Calling Features $11.95 11 1 1"1 11-11_ —, -__ _ S Vo'ce/Data Modem $7.00 4 Line Voice/Data Modem $7.00 New Activation Fee(per occurrence) $2995 Standard installation Iper occurrence) $99,00 In-Home service Visit $40DO - ... .... ................. .......................... .. ............... Unreturned or Damaged Equipment fees"(per piecel Replacement ............ i XF1141TY' INTERME-ir,2 XFINITY Internet with XFINITY TV Service Only or Voice Service Plus $39.95 $2995 ........................ Performance Starter" $49.95 $49,95 P("dormafrre $6495 $519 ............................................................................................. mast " $74.95 $61 fffi ------------- T".Xtmme 105, $114.95 $99J95 Extrum, $299.95 $29995 ... ......... Wireless Gateway EnonfNV) $7,00 um nna$931 M e n Me eir Wireless Router"smonWy) $19 95 ,, --M�-A -!9,,,, Additional IIP AddrIess,(lirsL monVflv) $4.9") $9 00 ............. ... .3¢dsiosa I).......... .............. Wireless Adapter(each,one-fime,0&ge) . .................... Professional hrternet installation(per mcrrrnema9 $`i99.^,'9Ei wk0ess Networkftrg fin She ProfessWnai Sete Up (sari to/l )KHNHY TV,XFNHYtiorcew XFKTYIBturnO $49 95 a,, 0 Set,http:llsqirtaturesupfrorl Andy coal for infor—tron an Computer Pedor—nre Tool, lot upped xhmllttorn for Inforavefon on Computer fleteMoriPlus. 0 rrous See We llragele as xhrfap�wm for alien-Help Desk. Certain so"a's"'O's se a, 6 ""C"""d s a"a, —It—.are or. "'I"0�`�O for The'a". end, low See blip 11"gote Aniljr.win for irltountatim oil Help Desk Plus. Pintas ana",'a-1 ,applicable""1-1�' lees,11C 1-1"' 1 1`11- I'll—-1-1"a"re In-,11 "I"Ice"',11-I In S�IMP Ileg"attitesupport x1raly call?for h lbmartion on R/Protection plot ce &'ae ter'er", Z-1 "III, ,a a I'll,Z'-"ateelf I.1':- 11 please.1sigarn nivuppotlafiney wm far intorreattaii on Congrele ftuction. tear - o ....."urnale-asoll-'s C" -- �j jt�800 NFINITY forqueseon.5 regarding equifervarl replacement chaig s -g I. :-, conreul Does not app ar to CabJeCARDSeff install Kit. 'o 'em, -.1, Requires a PerelOati,!fodem.Unlimited maq 'm on, Requires a Wane Data Vool—,except for HO Contokin Tools Play applies a to d t oUZZ calls frorl)home to "to azle Cer;=,= ��'d,Phjcem available for 12 elarahs,to XF repto Play W Mau Lot fal Awtef,r, Pt,,, Mer ��rlas.Plans do not inelad,other whourationatcaals.For nrom Costumers at te,12 month prornohvml,ackage adona"'hor,r?xding XFW"Voicegicing go to liftp://—t.coa?cast convGotporattvabout, phractcg" ft, a V e,10,fa Vaclon, a arCe1cdvn,1afVPfictng Mail Suref"dw only available'or 12—stfts to Blast Plus HBO castorners,'We VormlDaut Modern requred.For ma heforarttron lotfardiag XF11MYlocomet Vo to 6 month lyornotiottafpackage. bhf,.11Www crar—f coinAgopiredol—t SureP m o n available fo T mantis to Starter XF I OUbAe Ray X Z lll�"'y Do es not archle PawrBoost Ma2Neo It, Dar No Pf. and mAdalm.Uddl x Fan uble myl.. 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RequiresGig a Seutei or A4mfl#LatinoA,1,o RfQuit',Vy4�1 C~�and purchase of tar, Basic,and cannot be�.bvadd M F I" Basle Fe"a"y Tier Ixf1lated in nlgkaf.sel—,�,ercepf for Met,Atfoo irl mwelf:116ptic replaces standard defti3tat --.no pa nary outlet tarqava'�€111 to Customers hLiont'diterac'of( Hare"lat HD rech-Argy fee. pe,f'—s 6gital convertor sort Limited&as.Not avaiatro to,.loturas W&L,,,!W Basic try Not amilable to Leonard Sasr orgy customers.ONO lelvkw her or,ad'allawl oudel ,a farplew'ryolifet tloeany mim Ancilldrs,a..in—owned addleonal CableCARDs at the sarile creme X.P.eZ.actin a g , I �,:of a,fdf,�,a fol.h.01=adapfel and ,.note Not'mlab.1,—fa"ens valth I Pponas",&ey Re'latam aorved"and LauMf B." Fove of Pti),Per View end On Demand Move,&Evora 6 darreyed Para Po the moplebon& the Pay Per Via,or 0"Deratt'd w(yeang'auxess dfppflm7 con=verter anti LPnafeJ Bask al'e'— ura, lot,—Sees, a = """�""Stream Plus YF rrple my tit)Premier XF Tiplespelyo,HO Gm Iefe$CFlrjv,P1z.,HDcadtrnf�, "' HD T1101704t) 1 T, 05 Y 7V, In 'P"Y'Flx` mol"191010 devIce, " Imm bararvOth afar least 600 Kbos and a sufascom,to Limited Basic 5llaarrzbg to 47prob" compuler requires,riser moat g madmal requirements posted it(hUt'llcustraner. 7 -s ItMte,l tfi,�,�-eraraus-to-,ub tri-a serwce'=mlhe am vlOOC' a lff,ba"P ,ned,d,at least 600 Kilos atal a subsclildtv?to L,�,fed Basic Please call 1-800 XFINtry'ka,""''""L PAN available to cas kams,' vath&Aardn d w 0.'a""'chide atreant 305 a,Extreme 105 kaeamm'Smce sP.fIj.Vw chanzaMlsz neh,v4-t,Professional hant'.1lierm,Voice ihstfnauh fee raho , SU'dald ills"'all""s "CmIcs5i A,". aw",1,oah,a,=i, f`a c e W ar,UrOm f,1�11�� u las a 11 1410—"cladr, lostilbbors which raN-lite if?wdYhe,,,�ncqjo,it m(alfaim,ri�x(r, drop mdh Igs,bose,her Is Lv clavat spaces. fndUof?S PWO act '1111111-XTIN17 Y IV-UnWifert'of Wind HMO Sialltlard It.hatattX! XF,N9d Infernal-Retessonta tokenet Irtstafloffoo or XF;NB-Y Voice,-Standard Inslallanan Includes"I"'d"I whots W.LNIIY TV U",*,d cv Wr-1 Home Standard ImUpalior. '�FIAJITY Infe-t-P.Pssrmai harenrer lostaily:,ra,and XF11JITY Voice.-sfaadald due,net Sea hill),! f,latolurah-on' fttecuort Plan 8096 North Andover MA Form 100 E x h 1 bit Map of System Please see the following page(s). North Andover, MA Plant Area ............... Streets Railroad Cable Plant Community Boundary IIIMM Water X,Nil" N, &Waft AN%,AWA 0%JL i i L;U zw)T cc�o Form 100 E x hi bit F System Information Please see the following page(s). COMCAST DECEMBER 31, 2012 TOWN/CITY OF: NORTH ANDOVER FORM 100 LICENSE APPLICATION OWNERSHIP AND FINANCIAL INFORMATION QUESTION 28. Provide the following system information as of the last complete year for which the data is available: a. Total Homes in Service Area (passed and not passed by cable sytsem) 13,230 b. Homes Passed by Cable System 13,230 C. Cable Subscribers 6,520 d. Aerial Miles Constructed 136.29 e. Underground Miles Constructed 97.76 f. Total Cable Subscriber Revenues in Service Area $ 1,450,368 j Form 100 E x hi bip t G Corporate Family Tree Information Please see the following page(s). Comcast of Georg iaNirginia, Inc. Organizational flow chart as of 07/10/2012 Comcast Corporation (PA) 100%Class A Common 100%Class A Special Common Comcast Holdings Corporation (PA) 100% Comcast Cable Communications,LLC (DE) 100% Comcast MO Group, Inc. (DE) 100% Comcast of Georgia/ Virginia,Inc. (CO) Comcast MO of Delaware, LLC Organizational flow chart as of 07/10/2012 Comcast Corporation (PA) 100%Class A Common 100%Class A Special Common Comcast Holdings Corporation (PA) 100% Comcast Cable Communications,LLC (DE) 100% Comcast MO Group, Inc. (DE) 100% Comcast of Georgia/ Virginia,Inc. (CO) 100% Comcast MO of Delaware,LLC (DE) Comcast of Massachusetts I, Inc. Organizational flow chart as of 8/15/11 Comcast Corporation (PA) 100%Class A Common 100%Class A Special Common Comcast Holdings Corporation (PA) 100% Comcast Cable Communications,LLC (DE) 100% Comcast MO Group, Inc. (DE) 100% Comcast of Georgia/ Virgina, Inc. (CO) 100% Comcast MO of Delaware,LLC (DE) 100% Comcast of Massachusetts I,Inc. (MA) Electric Run 450 E 1,000 N North Salt Lake, irr 84054 May 28, 2013 Town of North Andover 120 Main St North Andover, MA 01845 Dear Selectman; I am writing today to request the Electric Run to Trost a nighttime running race at Osgood Landing on September 21, 2013. We have approval to bold the event,at Osgood Landing per the property owners and other business owners. The Electric Run is a Sk run/walk at night. Music will play throughout the course with amazing lighting effects synchronized to the music. Participants dress up in glowing costumes, Lighting elements include inflatable arches that glow from within, lasers, rotating lights, landscaping lighting that "dance" or blink to music vs. solid color lights. Imagine what you see at a concert spread out throughout a Sk course, Our race typically begins 30 minutes after-sunset; the North Andover race will begin at 7:30pm oil September,21, 2013. We will have a Dj playing music during the race after party for a couple hours.We will need a four hour window to play Music from the official start time. We want to comply with the city's sound ordinance, Today I any writing to get approval from the city to hold our event at the !Osgood Landing and to ask for a time extension for the city's sound ordinance hours so we can hold our after party, Thank you for your time and consideration.. Sincerely, Andria Iluskinson Permitting Director Electric Run Lima The Electric faun is a 5k run/walk at night. Music'will play throughout the course with amazing lighting effects synchronized to the music! Participants dress rip in glowing costumes. Lighting elements include inflatable arches that glow from within, lasers, rotating lights, landscaping lighting that "dance" or blink to music vs solid color lights. Imagine what you see at a concert spread out throughout a 5k course.. We set tip at d;tld AM two clays before an event. EG., If we do a Saturday night race then we would start set up at 8:00 Alk!ll on Thurs morning.We will tear down that night (you won't know we were even there the next day). Takes about eight hours to hreakc!own and we finish the night of the race by 2:00 AM. Our race typically begins 1-2 hours after it becomes dark. In summer,we start sooner, about 30 minutes after sunset. We will have a DJ playing music during the race after party for an additional few hours.. "U01'e will need a four hour window to do the race from the official start time. We will need access to power from your facility. We will bring in port potties and other key infrastructure based on the size of the event General requirements Permit for 5000 0-150)00 people 30004 _8000 parking spaces ( .5 people per car), depending on race size. • Lights and sound for four hours past sunset. • Deed two days before race to set up lighting/audio. [ G., Thursday and Friday for a. Saturday night race. Need eight hours to breakdown lights/audio., We begin breakdown during the event. 'Typically we are done with everything the night of the event about lam -tam. Types of Lighting we will use • Lighting you see at a concert spread throughout a SK course • Inflatable arches that glow from within • .Lasers • Rotating Lights • Landscaping lighting affects with a "'dancing" feel to it OZZY PROPERTIES ZZZ ,Tune 3, 2013 Town of North.Andover Board of Selectmen 120 Main Street North Andover, MA 01845 Dear Selectmen; I am writing to voice our support for the Electric Run event at Osgood Landing. This organization organizes foot races for fun, profit and charitable purposes. It is a vary unusual running race because it happens at night, The course is completed outfitted with lights and lasers so that it is practically more entertainment than exercise. It is our understanding that the course would be entirely within our site and not go beyond the perimeter property line. The event itself is in the evening on the weekend and therefore would not interfere with businesses or events during normal hours. We view this as a wonderful opportunity to showcase our location and North Andover to the broader population and would appreciate your support. Sincerely, '1 Ellen J ell VP-- Commercial Real Estate I j Osgood Landing 1600 Osgood Street•North Andover,MA 01845 irI(oC�'azzyPIOp(ert¢es,coIT•WWW.OZ7ypfOpvrtieS.COM TOWN OF NORTH ANDOVER POLICE DEPARTMENT ITT 9 "Conintrrrrity P(rrtnershil)" To:Board of Selectmen From: Sgt. E. J. Foulds Date: Jude 19, 2013 Re:Electric Run The Police Department recommends favorable action on the Electric Run request to extend the Town's sound ordinance hours,from 10:00pm to midnight, on September 21, 2013. This recoanmendation is based on conversation and email with Andria Huslcinson, Permitting Director Electric Run, and her assurance that all arnplified music shall be directed away from North Andover residential areas. 1475 OSGOOD STREET, FORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone; (978) 683-31.68 Fax:, (978) 681-1172 www.napd.us TOWN OF NORTH ANDOVER Fire DepartineW I`ire Jlrevemio�) 011-we Cciitral Fire HeadqLiarters 124 MAIN S'I'KFF'-r NORTH ANDOVER, MASSACHUSF-I TS 01845 I'Clepholle(978) 688-959.t FAX (978) 688-9594 Andrew lwuhlikels awiehii1cas( 1r)wnqfi yyhAlid(wercma F"ire Chiol, Ll 1,rederick i leCarlhY, hire Prevention (Mlicell June I'9, 2013 To: Karen Robertson, Administrative Assistant From: Andrew Melnikas, Fire Chief Re: Ozzy Property Request, Saturday, September 21, 2013 The North Andover Fire Department has reviewed the request from Ozzy Properties to hold this event on Saturday, September 21, 2013. ]'his type of event does not present any Fire Safety issues. Please call should you have any questions. ChiefAndrew Melnikas Application for the Use of the North Andover Town Common Please read the attached "Regulations for the Use of the North Andover Town Common" before completing this application. Section 1:General Information Name of North Andover group or individual applying for use of the Town Common: Saint Michael Parish Note:The applicant, if an individual must be a resident of North Andover or, if a non-profit organization must have its principal place of business located in North Andover. North Andover Address of Group or Individual: 196 Main Street, North Andover, MA Name of Contact Person: Mary Alice Rock Phone Number of Contact Person: 978-686-4050 Email Address of Contact Person: mary_alice_rock@,saintmichael.com Date(s) that Town Common use is requested: Sunday, September 8,2013 Note: Use is limited to one day only with allowances for set up and removal one half-day prior to the use and one half day after use,unless it is consid redl a holiday display pursuant to Section 9(b) of the Town Common Use regulations. Holiday displays may be allowed from the Thanksgiving Day until the following January 7o. A) Is the purpose of the use of the Town Common to for the public display of art, banners, signs and symbols? yes-X No B) Is the purpose of the use of the Town Common to conduct an event where more than twenty people may assemble and/or participate? Yes No If the answer to Question A is yes, please complete Section 2, if the answer to Question B is yes, please complete Section 3. If the Answer to Questions A & B are both yes,please complete both Section 2 and Section 3, Section 2: Use of the Town Common for the Purpose of Display: Please describe what you will be displaying including a detailed description and dimensions: Please provide a sketch or picture of what your will be displaying,, Will you need access to electricity for your display?_ If yes, for what purpose Please indicate on the attached map approximately where on the Town Common the display will be erected, Town Common A Section 3: Use uf the Town Common for the Purpose of Conducting an Event. Please describe the nature and purpose mf the event:This will be a Mass,followed by a picni with food, music�, and family games. The-purposeis to bring toge,ther the parishioners of St. Michael Parish and build up community spirit.St. Gregory Armenian Church may also join the celebration and will complete their own apefication, as done lost year. The event will begin a1 12p.m., and end ot 4E .m. |m total, how many indivldua!sdm you anticipate attending the event? 1000 At any one Omle during the event, what is the maximum number ofpeople expected, to be on 1haoonmmon7 1N00�O Please indicate on the attached map approximately where on the Town Common the event will take place. Who will bethe person or persons representing the applicant who wM be present throughout the event? |fthese persons will be taking shifts, please provide the time of their shifts: Mary Al�ice Rock& Donna O'Brien, Will you be erecting any temporary structures on the conmmnn such astents, fences, athletic equipment?Yes If yes, please describe the size and type ofstrucimrea: 3 Will you need access to electricity for this event? yes |f yes, for what purpose: Loud Speaker Systern for-Ma,ss,announcements, and DJ and Popcorn Machine Will you be serving any food or beverages during the event ? Yes Will you be charging a fee for ainy services provided Such as food, beverages,games, races, etc.? Yes___ 8f yes; please provide o fee schedule and attach $5 per person forfood & drink Please describe where,vehicles mf participants im the event will park: Perimeter of the Common, side streets,youth center parking lot Please describe what your clean Lip plans consist ofin terms nf number of people assisting in the clean up, how trash will be removed from the common and disposed, etc: 20 people bagging the recycling and trash items, removing by truck whatever the DPW will require, and inspecting the grounds for cleanliness Town Common Section 4;!Acknowledgernents and Signatures By submitting this application, the signer of this form agrees to the following: 1.)That the signer is duly authorized to sign the application on behalf of the applicant and is resident of North Andover or works for a non-profit organization whose principal place of business, is located in North Andover, 2) That the user of the common will comply with all rules, regulations and conditions applicable tu the use mf the common, 3)Thattheuseroftheronmmqmvvi|Uho|dtheT*vvm, itsenmp|oyeesamdagentsharnm[essfnonnamy and all claims, suits, causes of action,judgments and dernands of any nature made or obtaiined by third parties which result from activities or actions of the Town of North Andover, its agents mr servants under this permit and |f the judgment is entered against the Town of North Andover, said judgment will be paid by said applicant together with all interest thereon. Signed Printed Name: Rev. Kevin J. Deeley Date: June 6, 2013 Return completed application to: North Andover Town Hall Town Manager's Office 120 Main Street North Andover, MA0284S, 978-6Q@-9510—Phone 978-G88'9556—Fax Lmaecre(mzv@tmvmzoDmodhaodovo,.coou i R ......... j Pn°w°I 21 200E a� C- P CND UNdlR wa COMMON OAK AVE rtr 7: u Johnson, Adele From: Brown, Gerald Sent* Tuesday, June 11, 2013 12:16 PM To: Johnson, Adele Subject: RE: Recommendations for St Michael Church Picnic Building Dept has no issues From: Johnson, Adele Sent: Tuesday, June 11, 2013 12:14 PM To: Gallagher, Paul; Foulds, Eric; Melnikas, Andrew; McCarthy, Fred; ThJbocleau, Bruce; Barry, Nancy; Grant, Michele; Brown, Gerald Subject: FW: Recommendations for St Michael Church, Picnic Attached is a request from St Michael Parish for their annual' church picnic on Town Common on Sunday, September 8, 2013 frorn 12:00 noon to 4:00 prn. Please send me your recommendations by Thursday,Jiune 1P. Thanks, Adele From: noreply(atowng northandover.com [mail to nore!ply_townofnorthando,ver.coin] Sent: Tuesday, June 11, 2013 11:44 AM To: Johnson, Adele Subject: 4'log ),a iWa khc of SrMe's office has d(loo-rin,!d fliat nio,,,A wm"Ws ki and fiow nuiriwifja office's arld 00jnak, ,Iw r'Mjbk, or mkmm,Olon pk ase td feaT lta Mow'o a")nskfir iho wv"loorfliwill hf)(ofe plWing emmill Johnson, Adele From: McCarthy, Fred Sent, Tuesday, June 11, 2013 2A4 PM To: Johnson, Adele Subject: RE: Recommendations for St Michael Church Picnic Adele,, The Fire department recommends favorable action for St. Michael's Parish to use the Town Cormnon on September 8, 201,3 under the following conditions, The responsible party shall notify the Department just prior to the start of the event. Included in this notification will be road closings and or detours, The Department recommends the electrical inspector be notified for the use of electricity. If the tents had not previously been permitted they will need to comply. The building department can assist with this. If propane gas is used for any purpose in excess of 20 pounds they will need a permit by the FD, A fire extinguisher shall be present in the event of cooking. Respectfully, Lt Fred McCarthy Fire Prevention. 978-688-9590 From: Johnson, Adele Sent: Tuesday, June 11, 2013 12:14 PM To: Gallagher, Paul; Foulds, Eric; Melnikas, Andrew; McCarthy, Fred; Thibodeau, Bruce; Barry, Niancy; Grant, Michele; Brown, Gerald Subject: FW: Recommendations for St Michael Church Picnic Attached is a recluest frorn St Michael Parish for their annual church picnic or) Town Common on Sunday, September 8, 2013 frorn 12:00 noon to 400 prn. Please send me your recommendations by Thursday,June 13"', Thanks, Adele From: no e 11 09townofnorthandover.com [mLia%Ito:ngrep y@toyrLnofoorttigndomer.cgm], Sent: Tuesday, June 11, 2013 11:44 AM To: Johnson, Adele Subject: He,lsc no(,Mu �,ucruia y of s'lalu's oHk;�l hm'kkAunlWied Olal mo,"'t fir and from lwlflidp ll office's afid oflicioll;afe pohk,Inw10"; m monic ii uwwo oon wff &app hap-.//vv Aw.sqq..sta a u /p fPLeidx.ht1p 4 x INTEROFFICE MEMORANDUM DA,rE. June 1.1, 2013 TO: Adele Johnson,Administrative Secretary Ta'RQ)M: Bruce '1 h bodcau, Director of Public "Works C': RE: St. Michael's Parish Event The Division of Public Works has no objection to the request from Mary Anne Rock to hold a Parish Mass and Picnic on the Old Center Common on 9/8/13 from noon until 4prn. There are to absolutely no vehicles parked on the Common for this event, and please ask them to dispose of'trash and recycling properly If they need assistance ftom the DPW, please have them contact nay office, • �,,�ry f,F:FY f,dy,T •• POLICE TOWN OF NORTH ANDOVER ww '. d r p � "Coninumity Partnership" To: Adele Johnson From: Sgt. E. J. Foulds Date: June 12,2013 Re: Use of Common—St. Michael's The North Andover Police Department recornmends favorable action on St. Michael Parish's request to use the Common on Sunday, September 8, 2013 as outlined in the application. The applicant has been informed that all attendees shall obey existing parking rules and that the Police Department will take action regarding any violations. Parking on Cranberry Lane and Old Village Lane will be restricted to the south side of each street. I 1475 OSCOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01.845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us TOWN OF NORTH ANDOVER 11re F)epadinent l'ire Prevention Office Ceranfl Hre Headquarters 124 MAIN S"I'REZE'r NOR"I'll A,NI)OVER, MASSACHLJSETTS W 94:i5 Telephone(97'8) 688-9593 FAX (978) 688-9594 .4n(b,ai,id Melnikas Fire Chiql, ,1,11 Freth,,,rick AkCar* Fire Preve°nlion Q/ Y .ficer F.McCarlh, June 6, 2013 ,ro: Andrew Maylor, Town Manager From: Andrew Mclnikas, Fire Chief Re: Utility Trailer I am respectfully requesting that the inclusion of the Utility Trailer in the Surplus Equipment list be withdrawn. I have had discussions with my Officers and they have suggested several viable options which make sense and do not have any monetary requirements. Than you for your attention to this matter. Chief*Andy Melnikas - Selectmen's Appointments Effective 7~ ~2013 Committee First Name Last Name Street Address Town Term Term Expires � Affordable Housing Trust Stephen L. Bernard 6l Country Club Circle NAndover 2yre 6/30/2015 � Affordable Housing Trust Roger B. Lawson,Jr. lGDuftonCourt NAndover Zyry 6/30/20I5 V Affordable Housing Trust Andrew W. K8ay|nr Town Hall, 1ZQ Main St NAndover 2yrs 6/30/2015 V Affordable Housing Trust ]aao Fitzgibbons S4DuftonCourt NAndover 2yrs 6/30/2015 V Audit Committee Robert Erco|ini I95 Bridle Path NAndover 1 y 6/30/2014 -4 Audit Committee V|dya Lyer OgAmbemU|eRd N Andover 1 y 6/30/20I4 V Audit Committee Karin Khoton 13 Perry St NAndover 1 y 6/30/2014 )1 Audit Committee Tracy M. Watson 9 William St. IN Andover 1 y 6/30/2014 V Cable TV Advisory Comm ArthurS. PundeNion 121 Campbell Rd NAndover 3yo 6/30/2016 V Community Access 8Media Stephen D'0nofriu 427 Winter St NAndover 3yrs 6/30/2015 V Community Preservation Comm Bradford Wakeman 12 Middlesex St N4n6oxer SVo 6/30/2016 V Conservation Commission Joseph Lynch lQ Cot ub3t N Andover 3yrs 6/30/2016 V Conservation Commission John Mabmn 5 Woodchuck Lane NAndover 3yrs 6/30/2016 V Conservation Commission Douglas 5aa| 543 Forest Jt NAndover ]Vrs 6/30/2016 V Constable Ronald Berthe|m Z5lB Pleasant St Methuen 3ym 6/30/2016 V Council onAging William P. Callahan 5S0 Osgood St NAndover 3yo 6/30/2016 V Council mnAging Priscilla Cole 33 Forest 5t N Andover 3yo 6/30/20I6 V Council onAging Elizabeth A. Poirier Z9 Bradford St NAndover 3yo 6/30/2016 V Council onAging Margaret V. Shaheen 3S Cranberry Lane wAndover 3yrs 6/30/2016 V Cultural Council Linda Ann MacDonald 1679 Osgood St N Andover 3yrs 6/30/2016 V Cultural Council Jennifer Reck|ett-Tasai47 Kingston 5t NAndover 3yo 6/30/2016 V Disability Issues Commission Terry J. Brown 344 Main 5t NAndover 3yn 8/30/2016 V Emergency Management Agency Jeffrey J. Coco 695A Johnson 3t NAndover Iyr 6/30/2014 V Emergency Management Agency Frank Dushame 1Q Lexington 8t NAndover Iyr 6/38/2014 V Emergency Management Agency Pau[ Gallagher NAPD, 1475 Osgood 5t uAndover 1 y 6/30/20I4 V Emergency Management Agency Neil Hamel 3FemnwoodWay AtNngsnm, 0H 1 y 6/30/2014 V Emergency Management Agency William P. Hastings 19 Beaver Brook Rd mAndover 1 y 6/30/2014 V Emergency Management Agency Carl Langin|x 6G Saunders St NAn6ower 1 y 6/30/20I4 V Emergency Management Agency Connor Lincoln 73 Georgetown Md Boxford 1 y 6/30/I0I4 v Emergency Management Agency Timothy McDonald l8O Hickory Hill Rd NAndover 1 y 6/30/20I4 V Emergency Management Agency Andrew W- W1e|nikas Fire Dept 224 Main St N4mdover 1 y 6/30/2014 V Emergency Management Agency John P. Savastano 2Q7 Mass Ave NAndover 1 y 6/30/2014 V Emergency Management Agency Robert Scanlon 51O Osgood 5t 0&ndover 1 y 6/30/20I4 V Emergency Management Agency Steven Tessier 3Q8 Campbell Rd NAndover 1 y 6/30120I4 * Festival Committee Sharon Coco G95A Johnson 3t mAndover 1yr 5/3012014 V Festival Committee Jeffrey J. Coco 695&Johnson 5t N4odover 1 y 8/30/2014 V Festival Committee William Dolan 1I Bacon Ave NAndover 1 y 5/30/2014 V Festival Committee James Fazio 34FernwmodSt NAndover 1 y 6/30/2024 V Festival Committee EJ Fou|ds l47S Osgood St NAndnwer 1 y 6/30/20I4 1 Selectmen's Appointments Effective 7-1-2013 V Festival Committee Neil Hamel 3FermvvoodWay NAndoxer 1 y 6/30/2014 V Festival Committee Joan Heafy 7 Peters St NAndowar 1 y 6/30/2014 V Festival Committee Gem Koenig 1476 Salem St NAndover 1 y 6/30/2014 V Festival Committee Connor Lincoln 73 Georgetown Rd NAndover 1 y 6/30/2014 V Festival Committee Jenn McLean Z1Kenmar Drive,#34 NAndover 1yr 6/30/2024 V Festival Committee William Murphy S7 Winthrop Ave NAn6over 1 y 6/30/2014 V Festival Committee Dorothy No|1n 187 Turnpike St NAndover 1 y 6/30/20I4 V Festival Committee Phstene Pazzunesse 2U Red Maple Rd NAndove, lyr 6/30/2014 V Festival Committee Philip Pelletier 18 East Water St NAndover 1 y 6/30/20I4 V Festival Committee Martha Salisbury 3U1 Johnson 5t NAndover 1 y 6/30/20I4 V Festival Committee Mike Wilson 1475 Osgood St m4ndover 1 y 6/30/2014 V Historical Commission Anne Ericson 57 Lincoln St N4ndover 3yrs 6/30/2016 V Historical Commission Charles Gangi 78 Spring Hill Rd NAndover 3yrs 6/30/2016 V Neighborhood Cons. Dist Comm Philip Pelletier 18 East Water 5t mAndover 3yrs 6/30/2016 V Neighborhood Cons. Dist Comm Louretta Wentworth 15 Pleasant 5t NAndover 3yrs 6/30/2016 V Old Center Historic Dist Comm David M. K8erme|stein 4I Chestnut 3t NAndover 3yrs 6/30/2016 V Old Center Historic Dist Comm Leslie M. Frazier 24 Cobblestone Circle NAndover Jyrs 6/30/2016 V Old Center Historic Dist Comm Kathleen 3zyska Z0I Osgood St NAndover 3yo 0/30/2016 V Poet Laureate Committee Blair Woodman 8IFarn*oud Dr.Apt 7 NAmdover 3yo 6/30/I016 V Registrar of Voters, Board nf Carrie Crouch 3I Moody St mAndover 3yn 6/30/2016 V Stevens Estate, BdofTrustees Robert S. Warren lZ9VVey|andCircle NAndover 3yrs 6/30/2016 V Stevens Estate, Bd of Trustees Kevin J- VVi||oe 24SkyvewTerr mAndover 3yrs 6/30/20I6 V Sustainabi|ityQzmmittee Susan A|mono 84 Putnam Rd NAndover 3yrs 6/30/20I6 V Sustainabi|ityCommittee Craig Sheeler 95 Liberty St NAndover 3yrs 6/30/2016 V VVindrush Farms Steering Comm Thomas [oppa 1O2 Lacy St NAndover 1 y 6/30/2014 V VVindrush Farms Steering Comm Jennifer Hughes I6OO Osgood St NAndover 1 y 6/30/2014 V VVindrush Farms Steering Comm John Mahon 5 Woodchuck Lane NAndover 1 y 6/30/2014 V vVindmshFarms Steering Comm Rosemary 3medNe 65 Greene St NAndover 1 y 6/30/2014 V Youth&Recreation Council Justin Benincasa 42 Spring Hill Rd NAndover 3yo 6/30/2016 V Youth&Recreation Council Thomas OmdawsN 71 Marb|eridgeRd 0Andover 3y/z 6/30/2016 V Youth & Recreation Council William Gillen 42 Spring Hill Rd NAndover 3y/s 6/30/2016 V Zoning Board ofAppeals D. Paul Koch,Jr. ZJ9 Grandville Ln NAmdover 3yrs 6/30/2016 V Zoning Board mfAppeals Ellen P. McIntyre 23Tang|ewoodLn N4ndover 3yrs 6/30/2016 V Zoning Board ofAppeals Douglas Ludgin 1§Faulkner Rd NAndover 3yrs 6/30/2016 COMMUNITY DEVELOPMENT DIVISION Building [mnsemV||om Health Planning Zoning MEMORANDUM TO: Andrew W. Mloy|mr,Town Manager FROM: Curt Be|Uavance, Director RE: Affordable Unit Resale D�ATE: June 13, 2013 CHAPA (Citizens' Housing and Planning Association), has notified the Town that the following affordable units are wp for sale. CHAPA manages the resale nfaffordable units a\the Kittredge Crossing development. 180 Ch|cker}ng Road, Unit 209C, Kittredge Crossing The Board of Selectmen: has to determine if they want to exercise their right of first refusal, Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing unit. If the Town chooses to exerci:se its right, then it would be the responsibillity of the Town to purchase the property orlocate an individual to purchase the property. CHAPA, which is the monitoring agent for the Town and several other communities, has better resources to preserve the unit as affordable and has recently hiired new staff to manage the marketing of the unit. The timie,frame is 120 days to find an applicant that meets the, affordable criteria, Our office continues to work with the North Andover Housing Trust to ensure that the units stay affordable, The deadline to act isjuh12. |f the Board does not act the right of first refmsaUis deemed authmri�zed. It is recommended that the Board of Selectmen riot exercise their right of first refusal. |b00 Osgood Street,Nmrtlii Andover,Massoxhusmtts 01845 Pbono 978.688.91531 Fox 978.688.9542 Web wwmtmwnofnarIhondmv*r.(nm TOWN OF NORTH ANDOVER REMOTE PARTICIPATION FOR TOWN BOARD AND COMMITTEES All boards and committees shall conduct all their meetings pursuant Massachusetts General Law Chapter 30A and 948CMR2g(the Open Meeting Law and regu|mtipno). |tis understood that, under certain circumstances(as outlined ing40 CMR 29.10)it may be unreasonably difficult for a member of the board to be physically present at the meeting location, Therefore, on June 24, 2013 the North Andover Board of Selectmen authorized the use of remote participation by town boards and committees per the authority vested in it by M.G.L. Chapter 4,Section 7. Said remote participation is expressly contingent upon compliance with the following guidelines: 1) The chair or, in the chair's absence,the vice chair must be physically present at the meeting. Z) If the chair is to participate remotely,the vice chair shall serve asarting chak and will run the meeting pursuant to the agenda. � � 3) There must bea physical quorum at the meeting location. ` 40 All reasonable efforts to reschedule around the committee's availability will be done prior to considering remote participation. ~ S) Only one member of the board may participate remotmymt `' meeting and that shall be the first mennberte request tm participate remmtehy, ` ` 6) All reasonable efforts will be made to provide maximal advance notice of the mend for remote participation,sp.a technical so|u�oncan be provided. |nno case m/U� remote pa�ic8pat�mmbeeUovved w/|thoutat|east72 hours(from the posted start time of the mnmetimg),of advance nmdce. 7) The remote participant is expected to be presented visually ind aurfifAy in the meeting roorn and on any recordings. A contact numbermustbeprmvidedbytheremmteparticipamtpriurimthemeetiog,yhuu|d video connectivity prove 1obeunacceptable. ~ 8) All votes recorded shall indicate which member is participating remotely. 9) |f connection with the remote board/committee member is lost at any tknieduring the meeting,then � said mamnber wU| no �mn0er be considered o partidpant for the ba|enoe of the meeflmg. 10 No email,TXT, 3M3or non-streaming commun|ca1onxiU be considered acceptable for the purposes cf remntepmrt/dpatimm. � 11) The remote participant is expected to seek and utilize the most dependable connection method available (i.e.wired LAN rather than wireless or hotspot wired phone rather than cell) 12) Each member is limited to two(2) rneetings per fiscal year in which to participate remotely. The Board of Selectmen reserves the dght to resdnd rernote participation by boards and cornmittees at any Urne bVmajorky vote|n accordance with MGLch. 30A and 940 CMR29. � bgi NO�RTH ANDOVER r�fli�IlwN�o POLICE Huai i �a .. Community Partnership--- The Office of CHIEF OF POLICE TOI: Andrew Maylor,Town Manager FROM Paul J. Gallagher, Chief of Police RE: Request to accept donation DATE: June 17,20113 1 would like to respectfully request that the Board of Selectmen accept this$4000.00 donation from Cafua Management Co. LLC to the Police Department. Cafua Management operates numerous Dunkin Donuts in our area. The company specifically wishes to replace our ten year old police bicycles. The (Bike Unit has been operating on two bicycles that have been repaired numerous times with parts from non-operational ones. The donation will enable us to outfit five new police bicycles to specifications. The Officers have utilized these mountain bikes at public events, patrols and funding lost or injured persons in remote areas. The Cafua family has always been involved in our community and I appreciate this generous gift to update the Bicycle Unit. 1475 sgood Street, N of-il°r Aii i(.)vear„ a adI°k,�selts OI845 T l pli one: t'78 683-3,16wtt Fax. 9781 685 CD249 CAFUA MANAGEMENT CO, LLC Check Number: 006882 To: NORTH ANDOVER POLICE DEPP NORT031 Date: 06/13/2013 Invoice Number Date Description Amount Discount Paid Amount 3752 DONATION 06/13/2013 NEW COMMUNITY BIKES $4,0'00,00 $.,00 $4,000.00 TOTALS: $4,000.00 $.Oo $4,000.00 SOVEREIGN BANK 006882 CAFUA MANAGEMENT CO, LLC 280 MERRIMACK STREET METHUEN,MA 01844 5-7515/11 -1X pay a .Jun 13, 2013, $4,000,00 Four thousand Dollars and� ts� to the Order of: NORTH ANDOVER POLICE DEPARTMENT ................................ 1475 OSGOOD STREET NO ANDOVER,MA 01845 00068820 i:01L0 ? SLS0i'0' 1360004P3 3 240 Licensing Commissioners TOWN OF NORTH ANlTl'C1tVE OFFICE 01," TOWN CLERK 120 MAIN St'RE`11aTt' NORTH ANDOVER, MASSACHUSETTS 0184 Joyce Ao ffi,�idshaw,CMMC Telephou(978)688,95011 Town Clerk FAX(978)688-955? SSACHUS � r a MEMORANDUM DUM TO: Rosemary Connelly Smedile, Chairman, Licensing Commission Members oft:lle Board of Selectmen Andreae Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst. `Fown Clerk DATE: June 18, 2013 SUBJECT Request l'or 7 One Day Licenses Attached please find 7 applications from H. Michael amolak requesting 7 separate One Day Nine & Malt Licenses for functions to be held on his property at 315 Sout h Bradford. These events are the "Whim Dinner Series"to be held on "Wednesday evenings between the liou:rs of 6:001 pm to 10):0)01 pm and the information is as follows: July 101, 20 13 ----1-Tarvest Restaurant July 17, 2413 Vine Brooke Tavern July 24, 2013 .._. Rialto July 31, 2013 — Deuxave August 7, 20113 —Lineage August 14, 2013 —Tremont 647 August 211, 20113 —The Salty Pig Favorable recommendations are included from the Police Department, Fire Department.and Building Inspector. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. Thank you. TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) organization holding event: Name&Address of Responsible Party;.L- Contact Number&e-mail$ 7 EEL Location of Event: �„° f . m Type of Event: ,. Is the event being catered? yes „" No Name of iCaterer .. .m °� _ f°• r"�� " . Fate&'Time of Event° a ,.. Non Profit Organization Other Than Non Profit Ine alt ") All Alcohol ovine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hand this event? �. Who is serving the alcohol? Does the server have liquor liability insurance? n Have servers had training In alcohol service? / r 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: 4"" Narne&Address of Responsible Party: JL."'�O.),�) e"3L2,22Z , '11-1 iy' Contact Number&e-ma,il ri 7 Location of Event: "t"(P" Type of Event: A.,('i Is the event being catered? Yes'-'—) No Narne of Caterer Date&Time of Event: (C" > Non Profit Organization Other Than Non Profit ...................-"""""' 'Wine,&Malt All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received,from the property owner to hold this event? Who Is serving the alcoho17, (D'a"Icr Does the server have liquor liability Insurance? Have servers had training In alcohol service? rw 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. 2' Applicant's Signature /Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (Sti DAY NOTICE STRONGLY'RECOMMENDED) Organization holding event: "e~ ... ° e1 Barrie&Address of Responsible Party: �. z� Contact Number&e-mail 0, P two . � pro, n:� '„ er : Location of Event. Type of Event: „ . , Is the event being catered? � e5' No R � Name of Ca terer �am� � C� Date&Time of Event: \J zn) �� Non Profit Organization Other Than pion Profit 1?ine Ilan All Alcohol 'Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER property to hold this event i ,k , r+� a owner Has permission been receive .tout the ,. t Who Is serving the alcohol? Does the server have liquor liability insurance? Have servers had training In alcohol service?, /r 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I'am not prohibited from holding such license_ I agree that the Town of North Andover is in no way responsible forthe actions of the applicant Appl'cant's Signature bate TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: E:24 _t* /Z Name&Address of Responsible Party: xt, Contact Number&e-mail 91� Location of Event: Type of Event: Is the event being catered? Yes No 41 L - 1�7 2 Name of Caterer (11 C9 "IA 2, eL, n ",� , L � Date&Time of Event: r Non Profit Organization Other Than Non Profit 'Wine&Malt . AR Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol'? CIS,,C,L('9_e;L.g� LcO"4,� ),t L4V�2 Does the server have liquor liability insurance?. Have servers had training In alcohol service? 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. t V Applicant's Signature /Date' TOWN OF NORTH ANDOVER ONE DAY LIQUOR UCENSE APPLICATION 130 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event., ""5 M/2/ Name&Address of Responsible Party: Contact Number&e-mail,F 7! Location of Event: Type of Event: 1','e)A Is the event being catered? No Name of Caterer LZL" O'c" (:1 Date&Time of Event., (,c-�c 1 "'7 —2 PA4 Non,Profit Organization OtherThan,Non Profit ine Mal't"') All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? 'S Who is serving the alcohol? Does the server have liquor liability insurance? Uf 5, Have servers had training In alcohol service? V,, 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION 130 DAY NOTICE STRONGLY RECOMMENDED) organization holding event: 11L'4i)111/12/ 6-,Ae,?L,,'2 Name&Address of Responsible Part�y: 42 p Contact Number&e-mail a_cY- Location of Event; Type of Event: Ns the event being catered? No Name of Caterer lm( '19 1.14 re(", (12;, Date&Time of Event: Non Profit Organization Other Than Non Profit Wine- M a"1't,:,) All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol�? I Does the server have liquor liability insurance? Have servers had training In alcohol service? \z 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover Is in no way responsible,for the actions of the applicant. Applicant's Signature Date TOVM OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: ,,yc Name&Address of Responsible Party: Lw � ,�T_ e" > Contact Number&e-mail Location of Event: Type of Event: Is the event being catered? No Name of Caterer (A-o Date Vnme of Event: „mm Al, Non Profit Organization Other Than Non Profit amine tJlalt") All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the prop"owner to hold this event? ""S 77L ..................... r -? / Who Is serving the alcohol” Does the server have liquor liability insurance? Have servers had training In alcohol service? "e, 1,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license- I agree that the Town of North Andover is in no way responsible for the actions,of the applicant. Applicants Signature Date „ n Mm„ 4 S TOWNOFNORTHANDOVER POLICE DEPARTMENT 4X `I'o: Karen Fitzgibbons Froin: Sgt. E, J. Foulcl Date: ;tune 12, 2013 1 e: One Day Liquor Licenses-Snlolalc Farnas `floc Police Department recommends favorable action on Smolak Farms request for a One Day Liquor License, firom 6:00pm- 10:00pin for the following events, as outlined in their applications, July 10,2013 -Harvest Rest. July 17, 2013 -Vine Brooke Tavern .duly 2 1 2013-Rial'to :lrily 31, 2013-Deuxave August 7,2013 -Lineage August 14,2013 -Tremont 647 August 21, 2013 -The Salty Pig 1475 OS G(:OD S'TREE.1", NORTH ANDOVER, MASSA Ht.JSETI'S, 01845-1012 Telephone : (97'8) 683-3168 Fax: (978) 681-1172 www.napd. us 'rOWN OF NORTH ANDOVER Fire Department Centnal Fire I leadquarters — Fire Prevention 0fficc 124 M A I N STR 1: F'F NORTH ANDOVER, MASSACIIUSETTS 01845 ,40RT,pl Andrew Mehiihs fire Chief 0 01 Telephonc (978) 688-9593 FAX (978) 688-9594 Lt. McCarthy Mllehlik( (o vi)ol'iioi-tliaiicloN/et-,coiii Fire Prevention Officer t.com, Town Clerk's Office 120 Main St. North Andover, Ma June 14,2013 Karen, The Rre Department recommends favorable action in granting 7, one day wine and malt licenses to Smolak Farris for their Whim Dinner Series between the clates of July 10 and August 21, 2013, All emits to be scheduled on Wednesday evenings between the hours of 10 1)111, Regards, LA Frederick McCarthy. Fire Prevention 978-688-9590 Fitz , gibbons, Karen From: Brown, Gerald Sent: Tuesday, 11. 20184:04PIVI |m: Fitzgibbons, nam Subject: RE7 One Day Requests Building Dept has noissues From: Fitzgibbons, Karen Sent: Tuesday, June 11, 2O133:28PM To: Carney, John; McCarthy, Fred/ Brown, Gerald Cc: Gallagher, Paul; Me|o|kas, Andrew Subject: 7One Day Requests Hello All, Attachedp|easefind7Dne0ayVVina & K4a|iUoemserequestofromMikeSmmm|akSnnoUokFarms,fortheir"VVhimnDinna/ Series" tobe held Wednesday evenings beginning 7/1O/2013 and ending 8/2I/Z0I3. As these requests will need tobe placed on the 6/24/2013 agenda, I would require yo,ur recommendations no later than noon onTuesday, 6/3-8/2013. As usual, thank you for your cn'nperaiiVn. Karen ' Please no�e the Massachusetts SeCr(.wary()f offiCe IrEls determined that most Emmils to and from municip-al offices and officiak,are public records r^,mnm information n|rw"n refer m� Please consider the*nvmnoen before printing INS ewnk � � � � 1 � � TOWN OF NORTH ANDOVER TOWN OFFIC"E (fit., 120 MAIN STREET T NOR I1.1 ANDOVER, MASSACHUSETTS 01845 OORfide Joyce A, Bradshaw, CMMC 0 4 Telephone(978)688-9501 Town C:;'r"er°k At FAX (978)688-9557 ,',,Ac14 MEMORANDUM TO: Rosemary Connelly Smedife, Chairman, Licensing Commission Members o l'11ue Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A, luitzgibbons, Asst. 'T'own Clerk � t � Ar,✓ DATE: June 19, 2013. SUBJECT: Request for 10 One Day Licenses Attached please fund 10 applications from U. Michael Sumolak requesting 10 separate One Day Wine & Malt Licenses for weddings to be held on his property at 315 South Bradford. Street:. These events are to be held on weekends throug hout the summer auud early fall. Details below; .rune 29, 2013 —Woods/Hardy August 3, 2013 —l"ynlow/Anderson July 6, 2013. - Loy/Gifford August 10, 2013. - Murphy/McDonald Judy 13, 2013 _ Mc1'wrlahon/Spot;h August 16, 2013 -- Sciaeca/Doucette July 20, 2013 -- Angeles/Ramirez August 24, 2013. Katie/Curry July 27, 2013 - Park01'u'latterarzo October 19, 2013 --- l'arribill/Beckwitlu Favorable recounnendations are included from the Police Department, Fire Department and Building Inspector. If you have any questions or concerns please do not hesitate to contact nee or Joyce Bradshaw. Thank you. TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event~ -Z�2 Name & Address of Responsi�b'le Party: 3i (d S Z'V kv leT '7 !S Contact Number & e-mail S Location of Event: Type of Event: Is the event being catered? Yes") No Name of Caterer Z 4) Date &Time of Event: Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol Wine & Mal ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? )i/ Who is serving the alcohol? ........... Does the server have liquor liability insurance? Have servers had training in alcohol service? 1, the undersigned, understand and agree to the restriction, and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. i agree that the Town of North Andover is in no way responsible for thLe actions of the applicant, zd, Applicant's Signature Date bVl.r.n ia J� TO'UVJ'N OF NORTH ANDOVER ONE CLAY LIQUOR LICENSE APPLICATION (BCC DAY NOTICE,'STRONGLY RECOMMENDED) Organization holding event: `� .,... "�"r ""fir Name & Address of Responsible Party: � Contact Number &e-mail � / '� �.. -� f" d�", � � �r �=s � �•°'"p�°"»� J ._J--�, Location of Event: Type of Event. , ,J Is the event being catered? (Yes ) No Name of Caterer Gate & Time of Event: a L Non Profit Organization Other Than Non Profit. "wine & Malt All Alcohol '` Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol? Dees the server have liquor liability insurance? P r Have servers had training in alcohol service? '' I, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way respo sible for th actions of the applicant. ej Applicant's Signature Date I TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) organization holding event: Name &Address of Responsible Party: ZV- Contact Nlumber& e-mail /'_7 2 Location of Event: Type of Event: L2 t) 1�,, is the event being catered? Yes No Name of Caterer Date &Time of Event: Non Profit Organization Ether Than Non Profit Wine & Malt All' Alcohol 111"ne & Mali") ALCOHOL M UST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? "a Who is serving the alcohol? �/�c v r""', Does the server have lliquor liability insurance? Have servers had training in alcohol service? 1!1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no wa sp sibi t actions of the applicant. k� ' , for ......... ...... Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: Name & Address of Responsible Party,: Z�l ""4 I-V "' Contact Number & e-mail 'C 7 2 21) Location of Event: Type of Event: Is the event being catered? Yes.) No Name of Caterer J Date &Time of Event: Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol 'Wine & Mal ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving,the alcohol? Does,the server have liquor liability insurance? ' 4'4p Have servers had training in alcohol service? 1,the undersigned', understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: Name &Address of Responsible Party: j SJ Contact Number& e-mail (o"i Location of Event, "7 Type of Event: Is the event being catered? Yes. No Name of Caterer Date &Tirne of Event: Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol f Wine &-Majt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? z 41141"y",/ 4 Who is serving the allicohol? ........ Does the server have liquor liability insurance? Have servers had training in alcohol service? 11, the undersigned, understand and agree to the restriction, and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license, 11 agree that the Town of North Andover is in no way responsible forth actions of the apiplicant., Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: 6 V,P9,01 Name & Address of Responsible Party: 2 1`�,',?�°r IV A"I'l kv -mail `_7 2 euj Contact Number& e U Location of Event: SO i—r f o. Type of Event: ..........I _3 Is the event being catered? (Yes-') No Name of Caterer Date &Time of Event: Non Profit Organization Olther-Than, Non Profit Wine & Malt All Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol ' t Does the server have liquor liability insurance? Have servers had training in alcohol service? 1, the undersigned, understand a!nd agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that l am not prohibited from holding such license, I agree that the Town of North Andover is in no way res Bible for th actions of the applicant, Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) 1,1 )r ry Organization holding event: ov- Name & Address of Responsible Party: IXI� Contact Number & e-mail -4 Location of Event: ............. Type of Event: A ;x /�� ................. Is the event being, catered? (Yes ) No Name of Caterer 4c Date &Time of Event: Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol Wine & Malt ............ ALCOHOL MUST BE PURCHASED, BY THE LICENSEE FROM A WHOLESALER Has permission been received front the property owner to hold this event? Who is serving the alcohol? 1 "(,��) v Does the server have liquor liability insurance? Have servers had training in alcohol service? 1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. I �J Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: Name & Address of Responsible P a rty: kv C ) Contact Number& e-mail aL - S Ic Location of Event: Type of Event: Is the event being catered? No Name of Caterer I,,") eg rl Date &Time of Event: Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM' WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol? Does the server have liquor liability insurance? Have servers had training in alcohol service? 1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way respo p)sible for the- actions of the applicant. Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: L) Name &Address of Responsible Party: ,(Lo kv 7 0"-f Contact Number & e-mail - h a S, }^ 2r Location of Event: Type of Event: Is the event being catered'? (,YeS,) No Name of Caterer .... ..... " Date & Time of Event .r Non Profit Organization Other Than Non, Profit Wine & Malt All Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? 4) Who is serving the, al'icohol? `v Does the server have lliquor liability insurance? Have servers had training in alcohol service? 1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license,, I agree that the Town of North Andover is in no way responsible for the actions of the applicant. 6", 6(_ j Applicant's Signature Date TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: Name & Address of Responsible Party: LV_ IS il Contact Number & e-mail Location of Event: Type of Event: Is the event being catered? C Ye No Name of Caterer j ......... Date &Time of Event: Non Profit Organization Other Than Non Profit Wine & Malt All Alcohol Wine & Magi: ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? Who is serving the alcohol? v Does the server have liquor liability insurance? Have servers had training in alcohol service,? 1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town, of North Andover is in no way responsible for the actions of the applicant. 6�_ d Applicant's Signature Date a r . TOWN OF NORTH ANDOVER POLICE DEPARTMENT rr u "Commimity.Par tner NhiP" To Joyce Bradshaw Fr.oni: Sgt. E. J. Foaulds Date: June 14, 2013 Re: One Day Liquor Licenses-Smolak Farms The malice Department recommends favorable action can Smolak Farms request for a One Day Liquor License, for the events and dates below, as outlined in their applications. ,tune 2q, 2013 -Woods/Hardy Wedding July 6, 2013-Loy/Gfiord Wedding July 13,2013-IMclMahon/Spoth Wedding July 20, 2013 -Angeles/Rarnirez Wedding July 27,2013 -Par°k/1Matterazzo Wedding August 3, 2013 -Enlow/Anderson Wedding August 10, 2013. -Murphy/McDonald Wedding August 16, 2013 --Sciacca/ oucette Wedding August 24, 2013-Kane/Curry Wedding October 19, 2013 .---Farnhilll/Beckwith Wedding 14.75 OSGOOD STREET, NORTH ANDOVER, t^ ASSAC1-iUSE"m, 01845-1012 Telephone : (978) 683-3168 Fax : (978) 681-11-72 www,napd.u: TOWN OF NORTH ANDOVER Fire Department Ceritral Fire I-leadquarters—Fire Prevention Office 124 MAIN STREET NORTI-I ANDOVER, MASSACHUSETTS 01.845 t4ORTH Andrew McInikas Fire Chief Telephone (978) 6,88-9'593 FAX (978) 688-9594 Lt. F, McCarthy arneln ii(as(:(�,toN��iit)ftioi,tliaiidovcr.coiii Fire Prevention Officer CHO fi-ncc,,ir-tllyCti.)toNviiofiiot-tliaiidover-,eoiiI Town Clerks Office 120 Main St. North Andover, Ma June 18, 2013, Karen, The fire Department recommends favorable action in granting One Day Liquor Licenses to Sniolak Farms for the following functions on the dates listed below. June 29, 2013 Woods/Hardy Wedding July 6, 2013 Loy/Gifford Wedding July 13, 2013 McMahon/Spoth Wedding July 20, 2013 Angeles/RamirezWedding July 27, 2013 ParldMatterazzo Wedding August 3, 2013 Enlow/Anderson Wedding August 10, 2013 Murphy/McDonald Wedding August 16,2013 Sciacoa/Doucette Wedding ALIgList24, 2013 Kane/CurryWedding October 19, 2013 Farnhill/Beckwith Wedding Regards, Lt Frederick McCarthy Fire Prevention 978-688-9590 Bradshaw, Joyce From: Brown, Gerald Seurat: Friday, June 14, 2013 .4g A 'fl To: Bradshaw, Joyce Subject: RE: Building Dept has no issues From: Bradshaw, Joyce Sent: Thursday, June 13, 2013 4;17 PM Tea: Carney, John;. McCarthy, Fred.....! Brown, Gerald Cc: Gallagher, Paul; Melnikas, Andrew Subject: Attached are applications for one day licenses for events to be held at Smolak Farm. They will be voted on the June 24, 2013 BOS meeting agenda. if you can,get me you recommendations back by noon on Tuesday June 18. Karen is out until at least Tuesday so please send them to me, Thanks so much! +, >p.,...no the Secrr tan y of State's office has(hAentsreJ that most efoapfs Io and frm 7woic i p<l Aces awl of ls are tpla �,aarrra .F,.a... more inWrrrraMtmn p aaaasrr refor tas http://www.sec.state.ma.us/prelpreidx.fitm. Py o asn consider the onvit orrrarc.nt tmfore prntarrd vii s emiail 1 New Business . North Andover Middle Sc�hool North A,ndover, Massachusetts Safe Rou!:,esto Scliod Infras-trt icture Program 1IM, -................ ......... Massachusetts Department of Transppr,tatioln (MassDOT) Office o Transportation Planning mew7ssDOT Preliminary Assessment 1114assadimsefts,Deparb,"'Ont of'111ransprx",s"on May 0,2! 'Routes to S"di"001 I Introduction This Safe Routes to School (SRTS)Infrastructure Assessment for the North Andover Middle School (HAMS) in North Andover,Massachusetts is a sunimary of potential improvements that are intended to make walking and bicycling safer and more attractive modes for children traveling to and from school. This assessment includes recommendations that can either be implemented as part of the Massachusetts SRTS Infrastructure Program or pursued by the Town of North Andover as part of a future project. This document describes the SRTS program, the travel characteristics of the North Andover Middle School student population, issues related to pedestrian and bicycle access to the school, and the results of the preliminary assessment effort. 1.1 The SRTS Program The federal-aid SRTS Program was created by Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), signed into Public Law(P.L. 109-59) on August 10, 2005. The federal-aid program was formerly administered by the Federal Highway Administration(FI-IWA) Office of Safety. Under the Moving Ahead for Progress in the 215' Century Act (MAP-21), which was signed into law on July 6, 2012,the SRTS program was incorporated into the Transportation Alternatives (TA) program and is now administered by the Office of Planning, Environment, and Realty (HEP). The SRTS Program provides federal-aid highway funds to state Departments of Transportation (DOTs) in accordance with a formula specified in the legislation. These funds are available for infrastructure and non- infrastructure projects and to administer state SRTS programs that benefit elementary and middle school children in grades K-8. According to the federal legislation that created SRTS, the program's purpose is: (1) To enable and encourage children, including those with disabilities,to walk and bicycle to school; (2) To make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and (3) To facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools, In Massachusetts, the program is administered through the Massachusetts Department of Transportation(MassDOT), and is composed of two parts: an education/encouragement component and an infrastructure improvement component. MassRIDES, the Commonwealth's travel option service, delivers the in-school education and encouragement program for MassDOT. A consultant team led by TEC, Inc. under contract to MassDOT delivers the infrastructure improvement program. The TEC Team evaluates walking and bicycling access conditions at the school; identifies potential infrastructure projects that would improve pedestrian and bicycle access; and develops, designs for a selected set of high Page 1 of 29 !',Iodh Amlou,r N,8 ddk� `,&hool i�3uflh /,emluvor, Pr,,:hmhwry R�(Tlort priority pedestrian and bicycle access improvements. The infrastructure improvement program typically begins with an SRTS Infrastructure Assessment report that identifies factors limiting walking and biking to school, and makes recommendations for measures to increase the number of students walking and biking or improve safety for those students already walking and biking. 1.2 MassDOT Policy Support for SRTS MassDOT policy and practice is strongly supportive of the SRTS program and the infrastructure improvement projects that it makes possible, Key MassDOT policies that support SRTS include: • The GreenDOT Policy, MassDOT's comprehensive sustainability initiative that is designed to integrate environmental responsibility into all MassDOT functions. GreenDOT is driven by three primary goals: reduce greenhouse gas emissions; promote the healthy transportation options of walking, bicycling, and public transit; and support smart growth development. • Complete Streets, the comprehensive multi-modal design philosophy in MassDOT's Project Develol)inent and Design Guide. Complete Streets calls for safe and appropriate accommodation of all roadway users, and all approach to roadway design that works "from the outside in," giving critical early consideration not only to motor vehicles, but also pedestrians, bicyclists, and public transit riders. • The Healthy Transl-wriation Cony9a •t, an inter-agency group established by the 2009 Transportation Reform Law that established MassDOT, which includes MassDOT, the Executive Office of Health and Human Services, and the Executive Office of Energy and Environmental Affairs. The Healthy Transportation Compact is designed to promote healthy lifestyles through transportation system design and operations that facilitate walking, bicycling, and other active transportation modes. • The Mode Shift Goal, announced by MassDOT in October 2012, is an initiative to triple the share of distance travelled by bicycling, transit and walking by 2030. In collaboration with regional transportation partners, community leaders, advocates and customers, MassDOT will reconsider what is possible for the Commonwealth's transportation system and imagine healthier, greener and cleaner mobility. The Mode Shift Goal is featured in MassDOT's GreenDOT Implementation Plan. These policies are all consistent with and supportive of the SRTS program, which seeks to promote active transportation and healthy lifestyles among the next generation of Massachusetts residents. It is MassDOT's desire that the SRTS prograrn not only create healthy habits that will last a lifetime, but also to help educate school children on the importance of ensuring opportunities for active transportation in the way that we build and operate Our transportation system. Page 2 of 29 Ih Al idino I Nui h A iidkovt,i, kcp w� 1.3 The School Assessment Program Over the course of a three-year period, MassDOT, through the TEC Team, has conducted assessments at over 50 schools throughout the Commonwealth. The North Andover Middle School was selected to receive an assessment as part of the fifth round of assessments. In order to receive an infrastructure assessment, a school must have participated for at least one year in the education and encouragement program managed by MassRIDES, and the school must complete an assessment request. The assessment request must include a letter of support from the municipality's chief executive naming a municipal liaison for fixture coordination and committing the municipality to fulfilling their responsibilities under the SRTS infrastructure program, To date, infrastructure assessments have been limited to one per community unless a school is not a good candidate for a project; in a case such as this, another SWI'S partner school in that community may be eligible to receive an infrastructure assessment. A more detailed description of the assessment request submitted by the North Andover Middle School is included in Section 2.1. 1.4 Use of Assessment Recommendations If the TEC Team is able to identify measures that could improve bicycling and walking conditions at the school, an assessment report is produced. The assessment report includes a review of the assessment request and obstacles to walking and bicycling identified by the school; an evaluation of existing conditions, and observations of current behavior; an identification of potential infrastructure improvements; and a preliminary evaluation of these improvements with respect to of feasibility, safety benefits, likelihood of increasing walking and bicycling, and cost. Based on this preliminary evaluation, several potential infrastructure projects are typically developed in greater detail for review with the school and municipal stakeholders. After this review, final implementation recommendations are made. A detailed description of the process following completion of the assessment report is included in Section 4. 2 North Andover Middle School The North Andover Middle School is located at 495 Main Street, on the southwest corner of Main Street and Chickering Road (Route 125) in North Andover. Figure I shows the school's relationship to the network of arterial roadways, which carry heavy traffic volumes that can be a barrier to walking and bicycling. Figure 2 shows the school's relationship to the streets within a one-mile radius of the school. Both graphics are based on Geographic Information System (GIS) files maintained by MassDOT's Office of Transportation Planning. This assessment focuses on the streets immediately adjacent to the school grounds because these are the streets that carry the greatest volume of school-related walking and bicycling trips. Page 3 of 29 i ,i 9JJI a. mruw ,rJ 1 w�uw f ✓ /9h k.! / i ✓ VY Y Q � m m m EN GEOR r� 0 N 1 1, r 1 ^tip !JJJ ��� , i ...o..w, T POND AS �. J AN �I "m m * �. 133 IN i t ✓ °a J �nm��mmm �mmammmmm�m. J mm0 A �O;Vii J J.,J 10>4 � �y � J w"Wcklo �. J u 4 R fJ � E I t � �ro Jr 1 5 m � °w i it 125 J m oo It r } E Iola J m m IDDL�TON f ( 28 , mm MIS, Principal ,Arterial Deal Street m�m Minor Arterial Municipal Border Collector 4 MBTA Commuter Rail Figure 1: Maps of Nor h//Andover,MA � , , st r;,�, I a a tt raut s 5 rl Nnfra rur tore T a Safe Routes to School Page 4oPP.9 vw". ,s. ,,, ., ®� r A�. ^ G1y q �*i SA �C Y'f3 4 ca �0 ' to 49 n „ CO) � "� Norffi Ariclove ligh School �4o)5 '1116 tll'tt11 b i,� dC !'"1� �1 r C1. q k a j� �F ,�(�ARICER S �C) Sp „ m ^p �"tl I 'H ANDOVER -y p0wci NO 've co 00 FERNVIEW AVE 114 Z �^, ce lie .11,V� LAWRENCE P� .q fltl�ftfltltl Lf c uu °°V°w I Principal Arterial Local Street Minor Arterial Municipal Border 0 0.125 0.25 Collector ~ MBTA Commuter mail Miles Figure 2; 1-Mile Street Network&Surrounding Schools „ ; � r 1 � r r i ii ia�arf i oai v v f r I 1 � �, i i, I J I I J J / ,/ iii f I 1 I I 1 1 J J J J l / / i // %/� 1J J JJ JJl J // 1 , l%/J .. /. 1 J ll/,/%/%%i%%/O/, ///.,/ %. , . ( f JJ JiY I/I! 1111 JJJJJJ�J11 J J JJJ J,Jl JJJJJJJ,J JJ,��f�11 ll /% ////i/,//,/ / , >))��JJJJ,�� //////, 6f�'Ro,dites'to School Infrastructure'Team R SSchool Page 5 of , 2.1 SRTS School Assessment Request All schools that have participated in the SRTS education and encouragement program with MassRIDES for a period of at least one year are eligible to request all assessment of the infrastructure surrounding their school, In order to request an assessment,the school must submit an Assessment Request Form, along with a letter Of Support (:rorn the municipality's chief elected official, to MassRIDES. The Assessment Request Form is used by MassDOT, MassRIDES, and the TEC' Team to determine which schools are most appropriate to receive an infrastructure assessment. Key elements used to determine the appropriateness of an infrastructure assessment include the potential for increasing walking/biking, number of students currently walking/biking, existing and potential future safety conditions, and level of school involvement in education and encouragement activities. In April 2010, Mass,DOT accepted Assessment Request Forms from eligible schools as part of Round 5 of the SRTS, hiftastructure Assessment prog,rain. The Assessment Request Form submitted by the North Andover Middle School at that time, is provided below, Completed SRTS School Assessment Request Form Submitted by the North Andover Middle School, North Andover School Information Municip slit y I'nfcrrmation School North Andover Middle School Municipality Town of North Andover Name Name Street 495 Main Street Mailing 120 Main Street Address North Andover, MA 01845 Address North Andover, MA 01845 Contact Joan McQuade Contact Name Gene Willis Name Tel. No. (978) 794-1870 Tell. No. (978) 688-9510 Email ingug_ga)nat!j!i Li a 1�1�m �li�iti.Ltowrroftiortha�,�dovei,.c�ori�i kg — Email �LqL Start Time 7:25 AM Dismissal Time 2:05,PM School Population Information Grade K 1 11 2 3 4 5 6 7 8 Sum Number of Students 344 372 353 10,69 Actual number residing!within 1 31 84 81 196 rnile of school I I Estimated number who 30 80 80 currently walk/bicycle Are students bused within 1 mile of the school? Explain if yes. Yes. Students may subscribe to a fee-paid program and ride the school bus to and/or from the school. Page 6 ol 29 Describe the potential for increasing walking and bicycling to the school' North Andover Middle School (NAMS) is located at the intersection of Route 125 and Main Street in North Andover. The school is surrounded by primarily residential neighborhoods along with several small business districts. There are also several very large Section 8 and low income housing neighborhoods within one mile of the school. NAMS is also located within one mile of our busy high density pedestrian friendly downtown area. In addition, 4 of our 5 elementary schools are located within one mile of NAMS. Encouraging students to walk to school would be more effective if we could improve sidewalks from NAMS to each of the elementary schools, on Main Street toward the downtown area, and most especially, along Route 125 (state owned road). Currently, we have limited sidewalk infrastructure and students frequently are required to walk in the road for sections of their commute (especially in the winter)—or walk on sidewalks that are not well maintained (no curb, chipped and broke asphalt, and very close to the road). We are especially concerned with two large intersections near our school. The first is the intersection of Route 125 and Main Street, which sits on the corner of the school property. The intersection is in a state of ruin. The asphalt is pot-holed, the crosswalks are faded, the crossing signals are damaged. This intersection is the main access to our school for the majority of student walkers. The second intersection at the corner of Massachusetts Avenue and Route 125 is identified by our police department as one of the worst in Massachusetts, Multiple car accidents occur due to the lay-out of the intersection. This intersection is en route to a large low income housing community. There is a growing interest in bicycling to schools. Our school has an antiquated bike rack which has recently been moved to a more visible location. It would encourage more bike riders if we had multiple racks for each of the three school entrances. Better crosswalk marking and improved intersections would reassure parents of a safe route to school via bicycling. Our town recently participated in the Massachusetts Walk/Ride to School Day. We identified several problem areas in our community that if corrected would definitely encourage students to walk and ride to school. These infrastructure improvements would also help parents to feel more secure in encouraging their children to walk/ride to school. Describe the problems you school faces regarding safe routes to your school There are several major areas of improvement that would encourage more students to walk/ride to school. Sidewalks: The sidewalks connecting NAMS to 4 of our 5 elementary schools are in poor conditions and in some cases non-existent. Many middle school students walk to the elementary schools to wait for younger siblings to be released from school in order to escort them home. Three of these schools are located on Route 125, which runs adjacent to NAMS. Route 125 bisects our community and is arguably one of the busiest roads in our town, specifically in the morning commuting times when students are trying to travel to school. The few areas of sidewalks on Route 125 are in abysmal condition. Many sections of Route 125 do not have a sidewalk and those that do lack curbs, regular maintenance, adequate plowing in the winter, and safe setbacks from Route 125. Improved sidewalks on both sides of Route 125 would greatly encourage students to walk/ride in safety. The sidewalk on Main Street in North Andover, which runs directly in front of the school, has an alternating sidewalk. Students walking on this road would have to cross three times to the opposite side of the street to stay on a sidewalk. There are no crossing guards or crosswalks to help students cross over when the sidewalk switches sides of the street. Hence, most students walk on the edge of Main Street or in the road. This is particularly unsafe in the winter when we have large snow banks, Main Street connects NAMS to our busy pedestrian friendly downtown. With sidewalks installed on both sides of Main Street, our students would have a safe route to our downtown. Intersections: Two intersections near NAMS are of concern. The first is at the corner of our school property. Over 500 students use this intersection, especially on Friday afternoons when they travel Page 7 of 29 �Nor W"'yIndovct ivliddk�'whot(d NoWh And4o'we Pict by foot to,our community Youth Center approximately 1 mile from the school. The intersection of Route 125 and Main Street is in very bad condition, lmprovement of this intersection would be a deciding factor in parents letting the kids walk/ri:de to school more often. The second intersection is at the corner of Massachusetts Avenue and Route 125, which connects Our middle school to another popular walking destination for students as well as the YMCA. The intersection is very hazardous and does not have a crossing guard stationed to help students. This intersection is en route to a large low income housing community located within 1 mile of the middle school. Crossing Guards: As with other communities, budget cuts have impacted the number of crossing guards on duty. An increase of funding would help ensure that safety of our students. Bike Racks: Our school has one very old bike, rack. IIt would be very helpful if we had three secure bike racks located at each of our three main entrances. Are there any recommendations within school district planning documents about potential! closurelrelocation of this school? No. The principal issues identified in the assessment request relate: to missing or intermittent sidewalk sections, pedestrian crossing improvements, and connections to other area schools. These issues are described further in the next chapter as well as ill the recommendations in Chapter 3. 2,.2 Participation in SRTS Education and Encouragement The North Andover Middle School joined the Massachusetts SRTS program in April 2009. The program successfully encourages and educates students and parents through information distribution, special events, participation in Massachusetts Walk and Bicycle to School Day, and pedestrian and bicycle safety education inClUded in daily health classes. 2.3 Selection of School The North Andover Middle School has been actively involved in education and encouragement activities through the SRTS program for over a year, making it eligible fur all SRTS Infrastructure Assessment. used on the Assessment Request Form submitted by the school, approximately 20 percent of the school's student population resides within a I-mile radius of the school. A strong majority of those students currently walk or bike to school. However, the assessment request identifies a number of safety issues for these students currently walking or bicycling to school, which the TEC' 'Team site visit bore out. Therefore, a proJect(s) proposed for construction through the MassDOT SRTS Infrastructure Program may be justified for this school based on its potential to improve safety for students Currently walking or bicycling to the school, rather than facilitating an increase in walking and bicycling. In addition, there are two elementary schools located in close proximity to North Andover Middle School: Atkinson Elementary School and Kittredge Elementary School. As a,result, any pedestrian and bicycle safety improvements constructed as part of a SRTS project for North Andover Middle School would also benefit the walking and biking populations of the Atkinson and Kittredge School students as well. Page 8 of 29 ",l "1 lorlh Andwi�,,r hi�(d N15mlh 2.4 Field Visit The TEC Team attended a preliminary assessment meeting and performed a field visit and inventory of sidewalks at North Andover Middle School on October 27, 2010. The following people attended the meeting: Attendee: ReDresenti M9 Gene Willis North Andover Town Engineer Department of Public Works Judy Tymon North Andover Town Planner Mark Wilson North Andover Police Department Lt. John Carney North Andover Police Department Jim Mealey North Andover School Superintendent's Office Kristen Hollenbeck North Andover Middle School Parent Lisa Schletzbaum MassDOT Keith Arnold MassDOT,District 4 Misrak Sultan MassDOT, District 4 Ben Hammer MassRIDE,'� Samantha Fonseca-Moreira Massl?IDR� Kevin Dandrade TEC, Inc. Rebecca Brown TEC, Inc. At the preliminary assessment meeting, school and Town staff identified factors impacting walking and biking to North Andover Middle School, including the issues,that were identified in the assessment request. As part of the field visit and inventory,the TEC Team observed school arrival and dismissal procedures and activities; catalogued the locations of key walking and bicycle infrastructure, including sidewalks, pathways, and traffic control features; and identified other factors impacting travel to and from the school. The detailed walking and bicycling infrastructure inventory is shown in Figure 3. The TEC Team's observations and assessments on walking and bicycling operations at North Andover Middle School are delineated in Section 2.5. TEC performed additional field visits following the preliminary assessment meeting to confirm the proposed limits of work as part of the review process with Town staff and MassDOT, Page 9 of 29 I,,;% �!'� r ml���!%1 r �%�.' p'�ir'rq::..��;y��' s �/J� 1✓9{;/'/' j�, ,uu� / rp'�"�, '��� �/, ,/f r�,'�wi, �p�W. rW" ,'fIr rr ��n; �d^w � pl � �1 ,�% I i!, rUr"�� � ,c� U)I ip l✓'s uu �'��," l' r U� i�'C'W +V;/�puG1 r � �1 1L„ �' �rr/�il,r' 'fir! �,,yy�fp rn�" ✓, "W� � ,1rCu s ".��, ,f� � r Yi,, 1Ps ,,,r � � 1 /, ��I��ir rill" >ll��,��lu.; H''✓I�/': , rr , � f61 fW ,i�„ �r, r, r� P ! r/ l r'�Nvpy IVpa� U�!✓ � � ,N rt i, r'' ! r" r 7 IY j i ,�V p, ,°�" '.ti�V l r�f �r Jj 1 m r ������ ,��i ;1 ��W', lid>✓,"�Iwi,,,:��Jr '"�fi r J iwrv,r r,�wJ!i + f,>' �p n,, , I r r I k F 1 rah if I ai � �4 Y a Vr r� � r nri�U4W u I M ti r r. z 1 f 1 r a rd o I i c l� r r I �f r rr Y Amy 1 !rr r > 1 qq e.yy I,=1,000` KEY Sidewalk ° 4-Way Stop No Sidewalk Muliti-Way Stop Controlled Intersection intermittent Sidewalk Fully Signallaed Intersection Existing Crosswalk One-Way Street Grassing Guard Pedestrian Overpass Nate. Streets not marked were not observed during the site visit. Figure 3: Existing Conditions Around l North Andover Middle School 'Massachusetts safe Routes to School Infrastructure'Team Safe Routes to hod Page 10of29 'm N11- -s,r i°+,orc, Boar(h Andovcr, 2.5 General Observations The following observations are based on the TEC Team's field observations and the group meeting, in the context of the information in the Assessment Request, unless otherwise noted. School Arrhal and Dismissal • Each day upon dismissal, approximately 100 students travel from North Andover Middle School to the youth center near the intersection of Johnson Street/ Great Pond Road. On some Fridays, school officials report that over 500 students travel from North Andover Middle School and other area schools to the youth center. Many of these students use side roads with no sidewalks (e.g. Beacon Hill Boulevard and Bay State Road) to avoid traveling on Massachusetts Avenue and Route 125, which is identified as a problematic intersection in the Assessment Request. This issue is addressed in Recommendations 3 and 6 in Chapter 3. • The North Andover Middle School recently participated in the Massachusetts Walk/Ride to School Day. Students met at the intersection of Main Street and First Street in front of North Andover Town Hall to walk to school. Two police officers were required because the sidewalk is not continuous on both sides of the roadway, causing students to have to cross Main Street multiple times to stay on the sidewalk, a problem that was noted in the Assessment Request. This issue is addressed in Recommendation 5 in Chapter 3. • There is considerable support for implementing additional organized walking days. Due to the lack of sidewalks and high traffic volumes, organizers must coordinate extensively and involve the police in the activity. As stated in the Assessment Request,provision of continuous sidewalks along the major roadways connecting to the school is a high priority for school and town officials, who feel it would improve safety for students walking and bicycling to school. • The Town of North Andover has implemented a"No Idling"restriction around all schools as part of a green initiative program. This local regulation is more stringent than the state law that prohibits motor vehicle idling for more than five minutes as it prohibits idling for any length of time. • During dismissal, the TEC Team observed students crossing Main Street between vehicles that were queued at the signalized intersection with Route 125 in order to get to the pizza restaurant and Route 125 to the north. This issue is addressed in Recommendation 2 in Chapter 3, Siclewalk and Pathway Infrastructure a In the Assessment Request and at the preliminary meeting, Massachusetts Avenue was identified as a major safety concern for students walking and biking to school due to missing sidewalk sections, heavy traffic volumes, and high travel speeds. The intersection of Massachusetts Avenue and Greene Street features six intersection approaches and streets that are not properly aligned. The expanse of pavement is wide, sidewalks are in poor condition, sidewalks are discontinuous, and there are inadequate curb ramps. The TEC Team observed in the field that Page 11 d 29 Nv this intersection is heavily used by middle and elementary school students to travel to and from school. Although this intersection was not mentioned in the Assessment Request, this intersection was identified at the preliminary meetings as an important connection to the school and a major safety issue, and it is addressed in Recommendation I in Chapter 3. • Based on feedback from School and Town officials at the preliminary meeting, the TEC Team observed that Parker Street and Greene Street are heavily used by middle and elementary school students to travel to/from school, and they also provide connections to several other residential neighborhoods. These streets provide access to a large concentration of residences located to the west of the middle school, and provide the opportunity for walking and biking off major roadways. Parker Street provides an important connection between the rear of the North Andover Middle School and Atkinson Elementary School from Greene Street. This route is used by many students walking to school in order to avoid traveling along Main Street, Route 125, and Massachusetts Avenue, which are extremely busy streets that were identified in the Assessment Request as major safety concerns for students walking to school. The lack of sidewalks on these roadways forces students to walk in the roadway. Although this issue was not raised in the Assessment Request, the TEC Team identified the Greene Street— Parker Street corridor as an important connection to the school; potential improvements are proposed in Recommendation I in Chapter 3. • As noted in the Assessment Request, the sidewalk along Main Street between the school and the downtown business district has significant sections that are in poor condition or missing altogether. The following specific issues,were observed; these are addressed in Recommendation 2 in Chapter 3: • There is no curb reveal along the northerly side of Main Street between Route 125 and Park Street. Many students cross to this side of the street after school to access the pizza restaurant opposite the school. • There is no curb reveal on the sidewalk along the north side of Main Street between Osgood Street and Route 125, which enables drivers to park on the sidewalk. • The crosswalk on Osgood Street at the intersection with Main Street is extremely long due to the skewed angle of the intersection, which also results in large turning radii and high vehicle: turning speeds. On-street parking, combined with the horizontal curvature on Main Street and the steep grade on Osgood Street, limits visibility of pedestrians, in the crosswalk. • As noted in the Assessment Request, Route 125 divides North Andover and is perceived as a major barrier to students walking to school. High traffic volumes on this roadway, combined with poor sidewalks that have little or no curb reveal, makes walking to school along Route 125 unpleasant. These issues are addressed in Recommendations 2, 3 and 6 in Chapter 3. • There is a section of sidewalk missing on the north side of Massachusetts Avenue in the vicinity of Route 125 and Osgood Street. The North Andover Police Page 92 of 29 Department has stated that the Massachusetts Avenue /Route 125 intersection is a high crash location. Many HAMS students walk to the Youth Center down Osgood Street instead of Massachusetts Avenue due to a lack of sidewalks on Massachusetts Avenue. This issue is addressed in Recommendation 3 in Chapter 3. Although a sidewalk is provided on the west side of Route 125 near NAMS and the Atkinson School,there are no pedestrian connections between this sidewalk and the schools. There is an extremely wide driveway connecting the schools to one another and to Route 125; however, there is no separation between this driveway and the parking lot adjacent to the athletic fields. The combination of the width of the driveway and poor definition of lanes reduces pedestrian safety in this area. This issue is addressed in Recommendation 4 in Chapter 3. Although students regularly travel between the two schools for walking routes and recreational activities, there is no sidewalk connection between HAMS and the Atkinson Elementary School, which results in students from both schools cutting through the athletic fields for school access from the neighborhood west of the schools. This issue is addressed in Recommendations 4 and 7 in Chapter 3, Elan Street, Greene Street, and Main Street intersect at a skewed angle, which results in extremely long pedestrian crossings and wide turning radii that allow excessive speed. The sidewalk along Main Street is inconsistent and switches sides of the roadway in several locations between NAME and Third Street. As a result, students walk along the edge of the roadway or in the roadway instead of making multiple crossings to stay on the sidewalk. This issue is addressed in Recommendation 5 in Chapter 3. • The sidewalks along Route 125 are in disrepair and have little to no curb reveal, which results in vehicles parking or driving on the sidewalk to pass. This issue is addressed in Recommendation 6 in Chapter 3. • There is a missing sidewalk section along the west side of Route 125 between Fernview Avenue and Farrwood Avenue, which results in a gap in the sidewalk connection between Andover Street and HAMS. This issue is addressed in Recommendation 6 in Chapter 3. • As mentioned in the Assessment Request, there is one old bicycle rack at the rear entrance of the school. In order to provide adequate and convenient storage to enable more students to bicycle to school, additional bicycle racks should be installed at various convenient locations on the school ground. This issue is not directly addressed in any of the recommendations, but the Town of North Andover should consider implementing this as an independent project. Traffic Bleeds and Volumes • Based on traffic counts collected by MassDOT in 2001 and 2006, Main Street adjacent to HAMS carries approximately 9,600 vehicles per day and Chickering Road (Route 125) carries approximately 14,500 vehicles per day, • There is a perceived speeding problem on Main Street near Osgood Street. At present, there is a police station at this location, which is proposed for relocation; Page 13 of 29 melh Amlovcr \,,hddh, Modi there is concern that more speeding will occur once the police station is relocated. This issue is addressed in Recommendation 2 in Chapter 3. Crossing Guards • A crossing guard is stationed at the intersection of Main Street and Chickering Road (Route 125) to assist students from NAMS and the Atkinson Elementary School in crossing the intersection. • A crossing guard is stationed at the crosswalk on Main Street to the west of NAMS to assist the Atkinson Elementary School students in crossing the roadway, but is not present during arrival and dismissal periods for NAMS. • A crossing guard is stationed at the intersection of Massachusetts Avenue and Waverly Road to assist students in crossing the roadway toward downtown. 2.6 Municipal and State Construction Projects Transportation improvement projects are proposed in North Andover within a I-mile radius of the North Andover Middle School. These projects must be taken into account in developing the recommendations for the SRTS infrastructure assessment in order to ensure that the SRTS recommendations are not conflicting with or redundant to other planned projects. A brief sunn-naiy ofthese projects is provided below. • Route 125 and Massachusetts Avenue: MassDOT is planning to construct improvements at the intersection of Route 125 and Massachusetts Avenue (Project#606159). The project, which is currently in preliminary design, includes minor widening for turn lanes, geometric alignment, sidewalk construction, reconstruction of ADA-accessible ramps,pavement markings, signage, and signal upgrades. The project is programmed in the Merrimack Valley Metropolitan Planning Organization's Transportation Improvement Program (TIP) for federal fiscal year 2016, • Elm Street Iniproveinents. The Town of North Andover is currently building roadway improvements along Elm Street, between Water Street and Main Street, which began in the summer of 2011. The project currently includes the realignment of the intersection of Main Street and Elm Street to shorten the crossing width on Elm Street and the construction of continuous sidewalks along both sides of Elm Street. • Trqf ,fic Signal Upgrades: MassDOT plans to upgrade traffic signal equipment at eight signalized intersections along Route 125 (Project#605730), which include the intersections with Prescott Street, Walker, Street, Main Street, and Massachusetts Avenue. The project involves installation of new loop detectors or video detection at each intersection along with installation of new pedestrian signal equipment, including push buttons and signal heads. The project is programmed in the Merrimack Valley Metropolitan Planning Organization's TIP for fedpral fiscal year 2014, • Route 125 Resurfacing: MassDOT plans to complete a resurfacing project along Route 125 from the intersection with Route 28 in Andover to the Haverhill Page 14 of 29 North Andover Town Line (Project#605694). This project will include resurfacing of the roadway as well as construction of sidewalks and reconstruction of ADA-accessible ramps. The project is currently in the 75% design phase but the construction schedule and funding for this project has not yet been identified. 3 Recommendations for Improvement In the school's assessment request and during the field visit,North Andover Middle School and Town of North Andover staff identified a number of existing safety concerns and infrastructure deficiencies related to walking and bicycling access to the school (See Sections 2.1, 2.4 and 2.5). During the field visit, the TEC Team identified additional deficiencies and needs (See Section 2.5). The TEC Team has made a number of recommendations for infrastructure improvements that address these issues and deficiencies, focused principally on missing sidewalk sections and unsafe pedestrian crossings, However, due to the constraints of program budget and schedule, MassDOT cannot fund all of the projects identified by infrastructure assessments through its SRTS infrastructure program. Recommendations made for a given school must be weighed against each other, and against the recommendations made for other schools in the context of program funding and expected benefits from each recommendation. Therefore,the recommendations are divided into those projects that could be advanced by MassDOT with SRTS funds and other projects that could be built in the future by the Town of North Andover using other funding sources. The following section discusses the criteria that are used to determine whether a project is appropriate for federal funding. 3.1 Project Selection Criteria When determining whether to recommend implementation of a potential project using SRTS Infrastructure Program funds, MassDOT considers its feasibility, safety and mobility benefits, number of students expected to benefit,property and other impacts, and construction cost. All of the projects identified in this assessment report satisfy basic thresholds for all of these criteria: they are feasible projects that would improve the safety and/or convenience of walking or bicycling to the North Andover Middle School for a significant number of students, with reasonable impacts. The next issue is identifying which of the recommended projects should be implemented by MassDOT using federal funding, In general, MassDOT selects the highest priority project or projects for SRTS Infrastructure Program construction: those with the greatest safety and mobility benefits for the most students, assuming the impacts are manageable and the budget is appropriate to the benefit and to the funding available through the SRTS program. The overall construction budget for a SRTS, project needs to be within an appropriate range: it must be a large enough project to justify the high design and review standards required for the use of federal funding, but low enough to enable MassDOT to provide improvements for as many communities as possible. Projects with construction costs that are too low or too high, irrespective of their feasibility and benefits, are typically recommended for construction by the municipality or through other funding sources. Page IS of 2D Based on MassDOTs experience and the funding that is available for SRTS infrastructure projects, the most desirable overall budget is approximately $400,000 - $600,000, The most desirable SRTS infrastructure projects are those that provide a significant benefit (such as a considerable length of sidewalk, coupled with moderate intersection improvements), but that have minimal impacts to right-of-way, wetlands, and grading. Conversely, less feasible projects are typically those that either require minimal construction (such as signage or pavement markings), or those that require significant land acquisition, permitting, clearing, re-grading, or construction of large retaining walls. 3.2 Potential MassDOT SRTS Infrastructure Projects The improvement recommended for MassDOT construction using federal SRTS funding is the construction of sidewalks along Parker Street and Greene Street, and pedestrian safety improvements at the Massachusetts Avenue / Greene Street intersection. The Town staff has identified this project as the highest priority project of those recommended in this Assessment Report. Although several other roadways and intersections were identified in the Assessment Request as major safety concerns, the majority of these locations already have basic walking infrastructure. In addition, MassDOT is already planning to make improvements to the Route 125 corridor, including the key intersections at Main Street and Massachusetts Avenue, Parker Street and Greene Street provide walking and biking access to a large number of students at both the middle and elementary schools in the area. Coupled with improvements currently under construction by the Town at the Main Street/Elm Street Greene Street intersection and new sidewalks along Elm Street, improvements along Parker and Greene Streets would provide an important pedestrian connection to two schools without requiring walking along Main Street, Route 125, or Massachusetts Avenue, which were all identified as major safety concerns. Recommendation 1 —Construct Sidewalk along Parker Street and Greene Street from North Andover Middle School to Massachusetts Avenue; Upgrade Intersection of Massachusetts Avenue and Greene Street Many North Andover Middle School and Atkinson School students live along Parker Street, Greene Street, or other neighborhoods connecting to these streets. Parker Street provides an important pedestrian connection between Greene Street and the rear access of the North Andover Middle School and Atkinson School. In addition, students from other neighborhoods use Greene Street and Parker Street to walk to school to avoid traveling along Main Street, Route 125, and Massachusetts Avenue, which are busy roadways. There are currently no sidewalks provided on Parker Street or Greene Street. Therefore, students walk in the roadway to travel to and from school. Greene Street south of Massachusetts Avenue provides a connection to several residential neighborhoods. The intersection of Massachusetts Avenue and Greene Street is dangerous for pedestrians due to the skewed angle of the intersection, wide pavement sections, vehicle speed on Massachusetts Avenue, and long, unmarked pedestrian crossings. There are no crosswalks provided on Massachusetts Avenue to indicate a safe crossing location for pedestrians or alert drivers to pedestrians in the roadway. These factors are the basis for the primary recommendation of this report. Page 16 of 29 hn:hm'unm"; ' The TEC Team recommends constructing pedestrian connections between HAMS and the Parker Street and Greene Street neighborhoods. The major elements of the project include: • Construction of a 5-foot asphalt sidewalk along the southerly side of Parker Street between Greene Street and the HAMS parking lot and along the southeasterly side of Greene Street between Massachusetts Avenue and Faulkner Road, • Reconstruction of the intersection of Greene Street and Parker Street to provide better alignment and shorter pedestrian crossings. • Reconstruction of the Greene Street southbound approach to Massachusetts Avenue and removal of the channelization islands to create a standard T-,type intersection. • Reconstruction of the Greene Street northbound approach to Massachusetts Avenue and removal of the channelization island to provide better alignment with Mifflin Drive and a reduction in pavement width. • Construction of ADA-accessible ramps on each corner of the intersection. • Construction of a crosswalk with MUTCD-compliant school zone crossing signage on Massachusetts Avenue just east of Greene Street to provide access to the North Andover Middle and Atkinson Elementary Schools. • Installation of SHARE THE ROAD signs and "sparrow" lane markings along Greene Street and Parker Street. The preliminary cost estimate for this improvement is approximately $630,000, See Figure 5 for additional detail and a graphical depiction of the improvements. The construction of the improvements will likely require temporary, and possibly permanent, easements along the sidewalk. Whether or not to build a grass panel as a buffer between the sidewalk and the roadway would be determined after a review of potential impacts to street trees and private property. 3.3 Recommendations for Potential Implementation Using Other Funding Sources The TEC Team has also identified other infrastructure projects that address less-pressing concerns, but that are nevertheless expected to improve pedestrian and bicycle access to the school property from adjacent neighborhoods. The list of potential secondary projects includes the following: • Reconstruction of sidewalks on Main Street from Osgood Street to Park Street • Construction of missing sidewalk sections along Massachusetts Avenue • Construction of a pedestrian connection from Route 125 to HAMS and Atkinson Elementary School • Construction of sidewalk along Main Street from Elm Street to Third Street • Construction of sidewalk or multi-use pathway along Route 125 • Construction of pedestrian connection between the HAMS parking lot and Atkinson Elementary School Page 17 of 29 NoWr Andov� i Middlu �,whmfl Nmdi Amh ,c�. These improvement projects are not expected to see the same level of use as the improvements in Recommendation 1, but they would still provide additional routes for pedestrians and bicyclists. Recommendation 2—Reconstruct Sidewalks on Main Street from Osgood Street to Park Street The signage at the crosswalk on Main Street at the HAMS entrance-only driveway does not meet current MUTCD standards. Additionally, the ramps at this crosswalk do not meet ADA guidelines. There is a crosswalk on Main Street at the HAMS exit-only driveway that crosses to Sal's Pizza on the opposite side of Main Street. There is no sidewalk along the northerly side of Main Street in this area. In addition, the queue from the signalized intersection of Route 125 and Main Street often extends to or beyond this driveway,resulting in pedestrians crossing between stopped vehicles. There is no curb reveal on the sidewalk along the northerly side of Main Street near the Kittredge School, which results in vehicles parking on the sidewalk and forces pedestrians to walk in the roadway. Main Street and Osgood Street intersect at a skewed angle, which results in an unnecessarily long crosswalk on Osgood Street. The skewed angle also results in large turning radii and high vehicle turning speeds. Driver visibility of pedestrians in the crosswalks on Osgood Street and Main Street is limited by on-street parking, the horizontal curvature on Main Street, and the steep grade on Osgood Street. The TEC Team recommends reconstructing sidewalks along Main Street between Osgood Street and Park Street to improve pedestrian access between HAMS, the Kittredge School, and surrounding residential neighborhoods. The major elements of the project recommendations include: • Construction of a 5-foot cement concrete sidewalk with vertical granite curbing along the northerly side of Main Street from Osgood Street to the HAMS entrance driveway. • Reconstruction of the intersection of Main Street and Osgood Street to provide better alignment and bump-outs for improved pedestrian safety. • Relocation of the crosswalk on Main Street at the Kittredge School exit-only driveway to improve visibility. • Construction of ADA-accessible ramps at the intersections of Main Street with Osgood Street, Route 125, and Park Street. • Reconstruction of the sidewalk along the southerly side of Main Street just west of the Kittredge School to provide a 5-fool concrete sidewalk connecting the school to the Route 125 /Main Street intersection. • Elimination of the existing crosswalk on Main Street at the HAMS exit-only driveway. Page 18 of 25 o di Amdovcr Nliddlu, `Mwol �mlh Andov(',r, Ms(;,miwW kcpco • Reconstruction of the crosswalk on Main Street at the HAMS entrance-only driveway to provide ADA compliant ramps, and burnp-outs for increased visibility and a safe pedestrian refuge, • Installation of pedestrian flashers at this crosswalk for added safety. • Installation of SHARE THE ROAD signs and"sharrow" lane markings on Main Street and Osgood Street. Recommendation 3 —Construct Missing Sidewalk Sections along Massachusetts Avenue and Upgrade ADA Ramps at Route 125 /Massachusetts Avenue Although sidewalks are provided along Massachusetts Avenue in some areas, there is no sidewalk provided along the northerly side of Massachusetts Avenue in the vicinity of Route 125, which has been identified as a high crash location within close proximity to NA S. In addition,there is no sidewalk along the northerly side of Massachusetts Avenue near Osgood Street. Many HAMS students walk from HAMS to the Youth Center after school,particularly on Fridays when nearly 500 students make this walk. These students often walk down Osgood Street instead of Massachusetts Avenue due to a lack of sidewalks on Massachusetts Avenue. The TEC Team recommends constructing a sidewalk along the northerly side of Massachusetts Avenue between the Atkinson School entrance and Philips Con-flnon. This project would also include construction of the missing sidewalk section along the northerly side of Massachusetts Avenue on either side of the intersection with Osgood Street. This project would improve the safety of the Massachusetts Avenue intersections with Route 125 and Osgood Street and extend the pedestrian connection from NAME to the youth center on Johnson Street. The sidewalk project should be consistent with others in the area and meet all ADA accessibility guidelines. To facilitate bicycle access along Massachusetts Avenue, the TEC Team recommends installation of bicycle lane pavement markings and signage in both directions along Massachusetts Avenue between Greene Street and Academy Road. Recommendation 4 —Construct Pedestrian Connection from Route 1.2.5 to NAMS and Atkinson Elementary School Although a sidewalk is provided along the westerly side of Route 125 near NAMS and the Atkinson School,there are no pedestrian connections between this sidewalk and the schools. There is a driveway connecting the schools to one another and to Route 125, which is unnecessarily wide. There is no separation between this driveway and the parking lot adjacent to the athletic fields, which creates additional vehicle conflicts along the driveway. The combination of the width of the driveway and poor definition of lanes makes pedestrian travel in this area unsafe. The TEC Team recommends that a pedestrian connection be constructed between IMAMS, and the Atkinson School and Route 125. The major,elements of the project recommendations include: • Construction of a 5-foot cement concrete sidewalk along the east side of the internal driveway between HAMS and the Atkinson School. • Construction of a crosswalk with ADA-accessible ramps at the northern end of this sidewalk connecting to HAMS. Page 19 of 29 �'400h Amh),tu Pvfiddh,� �,,kmh Amkn '11' h,,-Hmhwny A,�m,,,onnjl W,!IwO • Reconstruction of the easterly Beacon Hill Boulevard connection to the internal driveway to narrow the roadway and reduce the turning radii, thereby reducing travel speeds. • Installation of a crosswalk with ADA-accessible ramps and MUTCD-cornpliant signage:at the intersection of Beacon I fill Boulevard and the internal driveway, • Construction of a raised island along the inside row of parking spaces in the parking lot adjacent to the athletic fields to improve traffic flow and pedestrian safety in this area. Recommendation 5—Construct Sidewalk along Main Street fronj Elm Street to Third Street Ehil Street, Greene Street, and Main Street intersect at a skewed angle, which results in extremely long pedestrian crossings and wide turning radii that allow excessive speed. Tile sidewalk along Main Street is inconsistent and switches sides of the roadway in several locations,between NAMS, and Third Street. As a result, students walk along the roadway or in the roadway instead ollmaking multiple crossings to stay on the sidewalk. The 'FEC Team recommends,constructing a 5-foot concrete sidewalk with.vertical granite curbing and a 3-foot grass strip along the southerly side of Main Street between Elm Street and Third Street. The intersection of Main Street, Elm Street, and Greene Street should also be reconstructed to reduce the pavement width and improve the safety. The Elm Street and Greene Street approaches to Main Street would be realigned and curb extensions constructed to provide two separate three-way intersections. The curb extensions will have traffic calming benefits, as well as pedestrian safety benefits by reducing the width of the crosswalks and creating a safe refuge area. Recommendation 6—Construct Sidewalk along Route 125 Although a sidewalk is provided along the west side of Route 125 near HAMS, this sidewalk is narrow and cracking in several areas. The width of the sidewalk does not allow for passage in a wheelchair or for use by pedestrians/bicyclists traveling in opposite directions. The TEC Teani reconrinends reconstructing the sidewalk along the west side of Route 125 between Massachusetts Avenue and Main Street to provide a standard 5- to 64*oot, accessible sidewalk. Alt.h()Ugh sidewalk is provided along the west side of Route 125 between Farrwood Avenue and Andover Street, there is no sidewalk provided between Fernview Avenue and Farrwood Avenue,which results in a gap in the sidewalk network. Therefore, the TEC Tearn recommends constructing a new 5-foot sidewalk along the west side of Route 125 between Fernview Avenue and Farrwood Avenue to provide a continuous pedestrian connection to the Fernview Avenue, Farrwood Avenue, and Village Green Drive neighborhoods, The sidewalk project should be Consistent with others in the area and meet all ADA accessibility guidelines. ConstrUCti011 of sidewalk between Fernview Avenue and Farrwood Avenue will be included in MassDOT's Route 125 Resurfacing project (Project #6056914), which is currently in the 75% design phase, and includes reconstruction of the roadway and ADA-accessible ramps along Route 1.2.5 throughout North Andover, However, the schedule and funding tbr this project have not yet been identified. Page 20 W 29 ' !,i,�l�(!�,' l B u j l ,y r. " l 4 � dU Sri I y "=800' KEY PROPOSED IMPROVEMENT FEASIBILITY SAFETY/ COST MOBILITY BENEFIT Potential SRTS Infrastructure Project Recommendations Construct Sidewalk Along South Side of Parker St and Greene St from School to Moderate High High Massachusetts Ave; Upgrade Intersection of Massachusetts Ave and Greene St. Recommendations to be Pursued by the City or through Other Funding Sources Reconstruct Sidewalk on,Main Street from Osgood Street to Park Street Moderate High High Construct Missing Sidewalk Sections Along North Side of Massachusetts High Moderate Moderate Avenue and Upgrade AIWA Ramps at Route 125/Massachusetts Avenue 4 Construct Pedestrian Connection from Route 125 to Middle School and Moderate Moderate High Atkinson Elementary School Construct Sidewalk Along Main Street from Elm Street to Third Street Moderate High High Construct Sidewalk Along West Side of Route 125 Moderate Moderate Moderate 7 Provide Pedestrian Connection Between the N.Andover Middle School Moderate Moderate High Parkin Lot and Atkinson Element School / ///���///,/11////1I frI ? NN �IIw rrwit Mi Massachusetts Safe Routes to School Infrastructure Team Safe 9 �119#11 , M"',i P n r/+ s u'.nk> RECOMMENDED SCOPE OF WORK AND CONCEPTUAL COST ESTIMATE: Install S` Wide J 5' WIDE ASPHALT SIDEWALK& (+/- Asphalt Grass Panel Malt Sidewalk GRANITE CURB (+/-2,175') with (INCLUDING RAMPS) = $ 307,000' and Granite Curb SIGNS&STRIPING = $ 13,500 LOAM&SEED .__ $ 24,000 DRAINAGE IMPROVEMENTS = 46,500 TRAFFIC CONTROL/ Install 5'Wiide M1 j MOBILIZATION/FIELD OFFICE = $ 113,,000 Asphalt Sidewalk with Graniite Curb /'-25%CONTINGENCY CONSTRUCTION ENGIN'EERIN'G = $ 126,000 TOTAL = $ 630,000 y R1-1 Install 5Wde Asphalt Sidewalk and Berra with Grass Panel .---mm..--",, w . r , Install ADA Accessible Ramps and Crosswalks W16-7p, Add Sharnaws and Share the Road Signs.an Greene St..and " 1Ca- E' " 'I Parker St. W'11-1 F"TH x`16-1 fi r k rf � a Y�% w µ r a Intersection of Greene Street and Massachusetts Avenue Looking Southwest), Figure S: Recommendation 1 -Construct Sidewalk Along South Side of barker Street and Greene Street from School to IVlasachusetts given Rr iir1, i iii IM ' _ D -SC1004' Page?of 29 WW ,m 1"I I u I� A I I�14)v"'11 "d i I I A[I;r 11 v c 11 I"c' I i I I", AY'CYJM"'1 wl Recommendation 7—Consh-uct PedestHan Connection between the NAMS Parking Lot and Atkinson Elementary School There are currently no pedestrian connections between IMAMS and (lie Atkinson School. In addition, there is no pedestrian or vehicle connection between the Atkinson School and Parker Street. Students walk.across athletic fields or along the track to travel between the Atkinson School, Parker Street, and NAMS. During winter months, pedestrian travel along this route is difficult at best, The TEC Team recommends that as pedestrian connection be constructed between the Atkinson Elementary School and (lie DAMS parking lot connection to Parker Street. I f I his connection would improve access between the schools, the athletic fields, and the Parker and Greene Streets neighborhood. The connection should consist of a 5 -10-foot asphalt pathway. There are several potential locations where this connection could be constructed: • One location is along,the northerly side of the track running behind the bleachers connecting to the pat-king lot at the edge of the baseball field. This option would provide the most direct connection between the schools, the fields, and the parking lots, Flooding during inclement weather conditions is least likely to be an issue with this option as the pathway would be located at a higher elevation. However, this option may require relocation of the long-jurrip,pit adjacent to the track or relocation of the fence separating the baseball field and track, • Another location is along the southerly side: of the track running along the edge of the outer fence around the track, A worn footpath was observed in this location, which indicates that Pedestrians are already using this area to access the fields. This option would allow for a direct connection to the'existing crosswalk in front of the Atkinson School. However, this option has the greatest likelihood for flooding during inclement weather since the pathway would be located at the bottom of the hill surrounding the track. In addition, this option may slightly reduce the size of the soccer fields adjacent to the pathway, • A third location is along the southern side of the track running between the two fences separating the track and the soccer fields. This option would have a reduced likelihood of flooding as the pathway would be located at the top of the hill. In addition, this option would allow for a direct connection to the existing crosswalk in front of theAtkinson School. However,this option contains a pinch- point at the western corner of the track, which may require construction of a short retaining wall and relocation of one of the fences to maintain a 5-foot pathway, Therefore, this may not be as viable as other options for a pedestrian connection due to the foreseeable construction costs. Page 23 of 29 1�J a r w f 8� Abu 1,��,)�,c11, Ki i f, I c S,h I �J I t A C'd 4 Next Steps After receipt of comments from Town and school staff,the TEE, Inc. consultant team will work with MassDOT to further develop these report recommendations Based on the findings of this and other assessment reports, MassDOT will advance infrastructure improvement projects in those communities where projects are most likely to increase the number of children walking and bicycling to school or substantially improve Safety for pedestrians and bicyclists. The issuance of this report does not guarantee that MassDOT will advance a project in North Andover,into the design phase using SRTS funds or any other funding source. In order to successfully complete: an SRTS infrastructure project, MassDOT and the Town of North Andover must work together to advance it through the SR.TS infrastrUCtUre program process, which is illustrated in Figure 6. North Andover Middle School has completed Step 1, the pre-assessment stage, in which the school's request for an infrastrUCtUre assessment is granted; this report is the culmination of Step 2. The next steps include design and permitting, which are described in greater detail in Section 4.2 below. Schedules related to these activities can vary depending upon the school calendar (especially summer vacation), ability to reach a consensus on recommended actions, timing of Town Meeting, logistics of the Town's right-of-way acquisition process, and other -factors. Although the project development process is comprehensive and can take a significant amount of time, each step is necessary to satisfy requirements for the use of federal money to build these projects. MassDOT and the Town of North Andover each have important responsibilities, described below. Cooperation and communication between MassDO'r and the Town will help to make the process move as smoothly and quickly as possible. 4.1 'project Approval (Step 3) In order to advance the identified projects, the Town ofd" orth Andover must forniallY accept the reconunendations in the report. This formal acceptance would entail the following steps: Collaborative Review and Final Concept Development Recommendation I (proposed for potential construction by MassDOT using federal SITS funding) must be reviewed by the Director of Engineering, the 'Town Manager,, and other relevant Town/City staff, and refined in collaboration with MassDOT and its consultants. Fornial Review and Approval Following endorsement by the Director of Engineering and Town Manager, Reconnnendation 1 must then be submitted to the Board of Selectmen for approval. The Town's legal counsel should review the assessment and provide guidance to the Town regarding the right-of-way process, including the need for a permanent easernent(s) on school property for any areas where federal funds will be used for new or upgraded pedestrian or bicycle facilities. Page 24 of 24 M=111 �Lli P r w" r y r�� ✓ �r y� s �r� l��li�l�irfA �y r. � / T Ji J/ „ ( AAMEM AZMZMIMIMNIW w F i e �fI a � r' I✓AI1ulj� f AMMMMMMEW Figure 6: Safe Routes to School Infrastructure Program Process G t � eut�s ra ScV�e�rs� Irrfr true u�r Tarr Safe Routes�to' School ivoVBd Al[dw,c� J'Ididdlc"O_houl Nh df h"JimhIm", dot pO To ensure community support fora proposed project, MassDOT Strongly encourages the Town to invite public comment from both the project abutters and the school community. Should the Town's staff require: assistance in presenting the recommendations, representatives of MassD,OT and/or the TECTeam would be available to participate in such aniecting. Formal approval requires a vote of the Board of Selectmen and a letter f1rorn the Town Manager stating the Town's support of Recommendation I in its conceptual forin. Assumption of Town Responsibilities The Town of North Andover must also formally accept its responsibilities for implctnenting the project. This entails submission of a letter(this rflay be included in the approval letter from the Town Manager)that acluiowledges municipal responsibility for the right-of-way acquisition process and the municipality's asSUrlIption of costs associated with legal counsel review and fee takings, if required. Right-of-way needs are generally limited to narrow strip easements adjacent to the public right-of-way to provide space for a sidewalk; as a result, costs are usually not high. The Town of North Andover must also identify a,municipal liaison who will be .responsible for leading future design reviews with municipal staff, organizing public meetings, and coordinating the right-of-wary acquisition process described below, 4.2 Design, Evaluation, and Construction (Steps 4 & 5) Once: the S S infrastructure: project is proposed and approved by MassDOT, a project design will be advanced in coordination with MassDOT and the Town's municipal liaison. This project design will require conformance with MassDOT's Pr(yecl De velopinent and Design Guide, as applicable, round Survey `File design work will require detailed topographic ground survey and right-of-way layout research to properly locate the proposed infrastructure, The detailed ground survey is needed for any required utility design, including drainage, and to identify and minimize any impacts to the abutting parcels. Ground survey costs are covered by tile SRTS program. Right-of-Way Certification (Municipal Responsibility) The survey and design process would identify any fee takings and any easements (both temporary and permanent) on.private proper-ty that are needed for construction. The Town Would be required to secure all -I-cc takings and easements necessary to complete the proJect. The identification and legal clearance of the public right-of-way must be completed prior to MassDOT's issuance ola Right-of-Way Certificate, which is necessary to enable the use of federal funds for construction activities as part of the SRTS program. Under a Town form of govertunent, adoption of a warrant article is required at Town Meeting to receive donated property or acquire easements and land it) fee by purchase or etninent domain. As Town Meetings are -typically conducted once or twice per year,the timing ofthe submission of the warrant article for the Town's legal counsel review is Pap 26 of 29 Nc�M) AmJovo� \hddh, ""1"hold Nu d) ,\VIduv("I , k%,poll critical to the overall schedule of the project. MassDOT will fund the preparation of roadway layout and easement plans that may be required for the project. Although the school is publicly-owned property,the Town of North Andover would be required to perform an Order of Taking for any easements on the school property, which needs to be recorded at the Registry of Deeds. This is required to secure the federal funds if used on this project, Permitting MassDOT would coordinate any necessary Categorical Exclusion (CE) requests as part of National Environmental Policy Act (NEPA)permitting. These permitting elements require coordination with the MassDOT Highway Division's Environmental Section, Right-of-Way Bureau, and relevant District office. Final Design and Programming As pall of the SRTS program,the MassDOT Highway Division may accept a combined submission at the 25 percent075 percent design stage in of der to expedite the design review process for projects that are primarily associated with new sidewalk construction or reconstruction. Figure 7,presents a generalized summary of the steps required as part of the design and permitting process with associated time frames. All design costs are managed and funded as part of the MassDOT SRTS program. Construction After final plans, specifications, and cost estimates (PS & E) are completed and approved, the MassDOT Highway Division would publicly advertise the project for construction bids. Upon selection of a construction firm, a contract would be prepared and signed. The Highway Division would oversee the project through the appropriate District office, All eligible construction costs would be covered by MassDOT's, SRTS program. Pre- and Post-Construction Evaluation To quantify the benefits of the project,pre-construction and post-construction evaluations would be undertaken by MassDOT. For additional information about the SRTS Inftastructure:Program or to provide written comments on this Preliminary Assessment,please contact: William Palmer MassDOT Office of Transportation Planning Ten Park Plaza, Room 4150 Boston, MA 02116-3973 A ILI I LIS Page 27 of 29 l rr l i flf 1 flllllr; 11 u w V�� �ryI �l nil FYI k I N � Q p r rt r r A dui Figure 7; Safe Routes to School Infrastructure Program Design and Permitting Tirneframe Massacb6setts Safe Routes to School Wrastruct re eam � e lRou School� M ddk -'c hunr kwh Amk'1%c[' P vun This report was prepared by the TEC, Inc. team: 14 TWESE: AMW Kevin Dandrade, P'E, PTOE TEC, Inc. Principal /Project Manager 65 Glenn Street Lawrence, MA 01.843 kdandradektecmass.com with the COLLABORATIVE Page 29 of 29 p 9 I I Town of North Andover Board of Selectmen Rules and Regulations Governing Talceout Food Served by Mobile Food Vendors Table of Contents PI'OtOCOl fOr iSSUing a'rakeout Food License I Application requireITICrItS I Maintenance of order and decorum and cooperation I with Town officials Operating requiren'ients for Mobile Food Vendors I Renewals 3 Violation, suspension, revocation or modification of 3 a Takeout Food License Instructions for applying for a Takeout Food License 4 Application 5 Town of North Andover Rules and Regulations Governing Takeout Food Served by Mobile Food Vendors Pi-otocol for issuing a Takeout Ifood License The Town ofNartz Andover, through the Board mfSe|em1meu, regulates persons whose principal bmoinwyy is to prepare and me|| food or beverage m1 retail who are not otherwise licensed as mcmmmmamn victumK|er. Vendors of Takeout Food are repired to obtain a Takeout Food License, pursuant to the Town's relevant rules and regulations, These regulations specifically relate to the service ol"Takeout Food by mobile fi)od vendors. For these purposes, a Mobile Food Vendor is defined as any person who travels froni place to place upon public ways and dispenses food froma food 1muuk, food cart, ice c,ewmo truck, canteen truck, catering truck, breakCast truck, lunch truck, lunch wagon, or any other mobile food vehicle,. These regulations Ao not apply to mobile food vendors who operate in North Andover less than eight (8) days per calendar year, However, such vendors are required to obtain all other necessary }imemacx or permits ms normally required, � Before granting a license, the Board of Selectmen must determine if the public good requires a liccnse. In making this determination, the Board will consider the following: ° Traffic and pedestrian safety issues ~ impact mm nearby parking ~ Sanitation arrangernents and conditions (may require Health Department signoff� " Noise, odors or other disruptions to the auo'oondiugneighborhood ° Zoning compliance(may require Building Department migooy0 ° Fire safety (may require Fire Department mignoff) * Hawkers and Peddlers license(obtained N6nVug)tbeCmmomoo`vsm|1buf"Mmuomobmmottu) ~ Any other public safety issues, mm identified hm the Board nf SoUcmNnem ~ The number*[Mobile Food Vendors ~ Ice Cream Truck Vendor permit(obtained through CoouoounvveaU1h) These rmgo]nhmnu are )m[oudcd to supplement and not usurp existing state |onv and regulations pvho'e applicable. Should these ,ego|m1ioua conflict with mko1e |mvv or regulation, state law/regulation will com1roU. Application requirements Any person wishing tu apply for m Takeout Food License shall fully complete the application form supplied by the Health Department/Board of Selectmen, including authorization for the Town to obtain u Personal Criminal Record Request Form (<�O�}�mn� ab#�(}����mrRc�is�r� �o�rd /�OR]�) c6�uk. | ` ' (SORB) � Upon completion of'the application review process, the application shall be scheduled for a hearing by the Board u[SoUectruemata public meeting, Maintenance of order and decorurn and cooperation with Town officials Any person oowbmm o]akeout Food License iu issued onder these regulations shall ensure that order and � decorum is maintained in the |icooamd area and immediate vicinity at all times, arid shall cooperate in every respect with town officials including, but]lot limited to representatives of the Board of Selectmen, Fire Department, Police Departments, 10wiKding Department and Health Department, The licensed area including any vehicles shall be available at all tirnes for inspection by said officials or any other dspailoocm(m'official o[the Town mo directed br the Board m[Selectmen, � | l. Licensees may only operate at specifically approved public or private locations 1he "licensed area"), m1specifically approved dnzos. For private locations,dhc Domnmoonhai| provide written evidence ofthe proper-typvvocr'a approval ror use of that area, Ice Cream and Canteen Trucks excluded. J. Licensees shall provide evidence ofcomprehensive liability insurance in the arnount ofat least$1 million (single claim), and listing t]omTown of North Andover as all additional ommoud insured. 3. Uoenaueu mhmy| not be permitted 10 operate within 200-fee(mfo licensed comomnovictum]lu' without their written permmisnimu. Such permission a8a}| not be required in instances where the licensee and common victualler share uammmnu ownership, The 200-Gostdistance shall be `mcmxunod as the Etown] mr its designee sees fit, Ice Croaoo arid Canteen ][ruokmexcluded. 4. Licensees shall provide ovidcwuo that mobile unit is ncgio1orod kw operate oil the nnodrvny* of Massachusetts arid Chat the rnqnired insurance is tip to date. 5. Licensees shall not deploy any free-standing sign unless specifically permitted by the Board of Selectmen, §. Licensees sbm|] not set Lip more than one table or nuatiog for more than six (6) patrons unless; specifically ploxniiked6y the Board wfScicotmeu. 7. &1oh]]e food vehicles mhu8 not be positioned mu as to expose clients to vehicular traffic, or otherwise in,Ro unxaAlemmooner. Any directive mfmPolice Officer iuthis regard shall be immediately complied with, 8. Licensees shall make specific provisions for trash rernoval and ensure that the licensed area is kept clean, nwi1 and sanitary a*all times. Reliance oil the use of municipal trash receptacles ianot considered acceptable. 9. /\ licensee who offers entertainment shall obtain mlicense fi-onm tile Board mf Su|ccimocw, purmunni tu the Town's Entertainment Regulations. |Q. No licensee or employee nf the licensee shall u0moum)sany alcoholic bevel-age mrmo|a,/fol controlled substance during the four(4) hours preceding and vvhi]emo duty, 18. No licensee or employee of the licensee shall permit a patron 1m bring into the licensed area any o|omhmllu beverage For consumption mil 1ilu premises. 12. Operations are permitted between the hours of 7:00 ami. (6:00 a.ni, for canteen trucks)and dusk, but not later than 9/00 p.m., oniosootherwise specified. This guidance supersedes the permissible hours of operation for Hawkers and Peddlers. l]. Licensees are required to obtain a Personal C111flinal Record Request Form (CORI) and Sex Offender Registry Board (SORB) check For each such enlployee, or as outlined in Chapter l03mfthe North /&ndorerGeneral Bylaws, whichever im more stringent. W. Licensees shall not sell non-food items unless specifically permmiticdby tile Board ofSnUectnIen. Operators of Ice Crearn arid Canteen Trocks are not required to submit a sketch of the licensed area nor are they required to obtain approval from the Building Department or Fire Deparnnent, Renewals A Takeout Food License is Subject to annual renewal. When determining whether to renew a license, the Board of Selectryien will utilize the same criteria as set forth above. Renewal forms may be obtained fron) the Selectmen's office and must update all previously Filed statements and plans, as appropriate. It is the responsibility of the l,►censee to file 1�or a renewal at least 45-days prior to terrnination of the current license. Failure to renew prior to expiration shall result in a loss of license and any subsequent renewal request shall be treated as a completely new application. Violation,sits erasion revoicatiori or modification ail'a Takeout Food License Any violation of these regulations will be subject to a fine of$50 (I" offense), $10O (2,nd offense)or$300 (3rd and subsequent offenses). In addition, any violation may result in the immediate Suspension of the license or removal of the Mobile Food Vendor's cart, truck or other vehicle at the owner's expense, it'the circumstances warrant it in the judgment of the Police Department or other enforcement officer, in which Case Such S'LlSpeuSiOn shall be reviewed by the Board of Selectmen at its next public meeting. A licensee may appeal any fine to the Board of Selectmen. The Board of Selectmen may suspend, revoke or modify a Takeout Food License if, after a public hearing, the Board Finds that these regulations have been violated. Promulgated the _. day of July, 2013 by the Board of Selectmen of the Town of North Andover, North Andover Board of Selectmen -------------- . ......... ............... ........... Town of'Nortli Andover Instructions for Applying t1or aTakeout Food License as Served by a Mobile Food Vendor) It is recommended that the applicant attend aTechnical Review Committee (TRQ meeting prior to subinitting an application before the Board of Selectmen. I. Fill-out and sign the application form and attachments, 2. Include a detailed list of the intended locations for operation, including a sketch t6j,each location showing how the mobile food vellicle is to be positioned. For each location also provide the proposed times of operation. 3, Obtain all applicable initial plan reviews and/or prelit-ninary approvals from the Building, Health, Fire, and Police Departments, and obtain Hawkers and Peddlers Licenses from the C,orlinionwealth Wore application is submitted to tine Town Manager's Office, 4. Deliver the completed and signed application forni and attachments (e.g., list of intended locations for operation, tax certification, resunies, copies of Hawkers and Peddlers licenses, etc,), along with a check for the application fee of'--(payable to f N the Town of Andover) to theTown Manager's office,Town Hall, 120 Main Street, Monday thrU Friday, 8:00 ami, to 4:00 Imla., 5. For private locations, the Licensee shall provide written evidence of the property owner's approval for use of that location. 6. After the application materials are received and reviewed for completeness, the applicant will then be reqUired to appear before tile Board of Selectmen during one of its regUlar public meetings. The applicant will be notified of the date and time of the hearing. T The Board ol'Selectmen reserves the right to defer action oil the license application until all iSSL1e.S and concern raised by the Board are addressed by the applicant to the Board's satisfaction; and the Board also reserves the right to deny approval if the applicant fails to sweet the application requirements, or does not/cannot resolve (lie issues and concerns raised by the Board. & Once tile Board of Selectmen approves the application, the applicant will need to obtain all required Health, Building, Police and Fire Department final approvals (i.e., permits, reviews and or inspections) before the Takeout Food License will be issued. If the applicant fails to obtain a reqUired approval at any point in the process, tile issuance of the License will be withheld Until the issue or problern is resolved to the satisfaction of tile appropriate body, r TOWN OF NORTH ANDOVER MASSACHUSETTS TAKEOUT Von LycPN89 APPLICATION Vott`1'At(UQUT 17000 JURVED DY MOBILE 1100D UND0118 Date Applied. Date Approved; Date Issued: offlev Use on Foot;Paid, Tax Curt: Resumes: UP 111Io: Pisan: Intervim (PLEASE TYPE 4712 PRINT CLEARLY) iValtle of Applicant; --hate: D.0.B.-_ S,S.N; W.Lic 11))h Business Address: Home Address: Buslnoss Telephone;— _ Cell Phone" Provide Name and Social Secuk ity Number for gaell lbnployoo Narrra Social Security Number Plan Review and/or^PrellmNaryApprovu1 (nequived Before Takeo►rl Foottlivenso 1villTaeAppeoved) Reviewing Deparwant SIgim i-o of ApprovingAuthotlty bats;of Plan 11ovlew/Appri wal aulldtrrg'bapertsnentr lteettl►l3elrartrnerrk, 1`01Ico Department VIVO Department: _ �� PROVIDE THE FOLLOWING INVOnMATION WITH IM911M TO EACH LOCATION., Mat will be Me hours of operation?— Tfine(.,;)of PeakCustomerActivity Est.Number of Customers at Peal(Thne(g):—Bst.Number of Employees at PaalcTlme(s)" What provislOns have been made for trash removal? LIST THE LOCATIONS MIRRE THE MOBILH FOOD VEHICLE WILL BE DEPLOYED AND ATTACH A SKETCH OF HOWTHE VEHICLE WILL BE POSITIONED AND OTHRIMETAILS OP T118 AHYJA TO 09 LICENSED, (Please provIdo a sketch for each location.) Location I the undersigned state that the Information provided In this application,and associated attachments,N true and acmulate to the best of my knowledge,: SIgnature, — Printed Name: Date,__ Mae; No Takeout Food License will be approved until the applicant addresses all hvsuesandlorqoncerns to the satisfaction of Board ofSolectnien,and no TFL will be lsstwd until all required fnspart(ons have boon conducted,pertnitsgrante(l,ondflinal approvals given. FOR OFFICE USE ONLY Final Permits/Approvals Granted (Required Before TA will be Issued) Appivving Department Yes No If"No,"Reason$Wtv Pate of 111nalApproval Health Department- Dopartment: Fire Dopoftment" L— -- Town Manager' s Report Town Manager's Appointments Effective 7-1-2013 Committee First Name Last Name Street Address Town Term Term Expires V Assessors, Board of David J. Minicucci 340 Johnson St N Andover I yr 6/30/2014 V Assessors, Board of George Barker 1267 Osgood St N Andover 1 yr 6/30/2014 V Assessors, Board of Bryan Perry 50 W Woodbridge Rd N Andover 1 yr 6/30/2014 V Health, Board of Joseph McCarthy 922 Dale St N Andover 3 yrs 6/30/2016 V Health, Board of Francis MacMillan,Jr. 143 Carter Field Rd N Andover 3 yrs 6/30/2016 V Planning Board David Kellogg 19 Ciderpress Way N Andover 3 yrs 6/30/2016 V Planning Board -Assoc Lynne Rudnicki 32 Marblehead St N Andover 3 yrs 6/30/2016 • Mr • • r a ■ .,.