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<br />7.4/1-4 <br /> <br />3. Franchise Fee. <br />L Five percent (5%) of Comcast's gross revenues will be paid to each <br />agency. <br />iL The franchise fee is due quarterly accompanied by a report showing the <br />basis for the computation. <br /> <br />4. PEG Access Programming. <br />i. Two channels initially for Redwood City; two additional upon request. <br />ii. Capital grants distributed to agencies upon the effective date of the <br />Franchise, on or before 1/31/06, on or before 1/31/07; on or before sixty <br />(60) months from the effective date of the Franchise, and on or before <br />one hundred twenty (120) months from the effective date of the <br />Franchise. <br />iii. Total value of PEG capital obligations for all eight (8) Agencies exceeds <br />$4,400,000. <br /> <br />5. Fiber Network. <br />i. Comcast shall provide the agencies a construction capital credit for the <br />construction of a fiber network between designated <br />governmental/educational buildings. <br />ii. Final construction route and plans to be finalized within ninety (90) days <br />of the effective date of the Franchise. <br />iii. Total value of the fiber network construction for all eight (8) Agencies <br />exceeds $3,304,000. <br /> <br />6. Financial/lnsurance. <br />i. Performance Bond - $250,000 each agency, if construction is <br />commenced. <br />ii. Security Fund for each agency. <br />iii. Liquidated damages assessed in the event of a breach of the Franchise. <br /> <br />Staff is recommending the fifteen (15) year term based upon several factors: <br /> <br />1. The financial package, the majority of which we receive in the first five (5) years of the <br />agreement, is significant. Comcast has the right to pass these costs through to their <br />subscribers - a shorter period would yield a higher per-month pass through, <br />something that is not in Comcast's interest. <br /> <br />2. A fifteen (15) year deal, given the political and regulatory environment, may lock <br />Comcast into technical, customer service, and financial obligations. The impact of any <br />potential "take aways" of local control in federal legislation may be reduced, to the <br />extent that such legislation does not automatically override existing franchise <br />agreements. <br /> <br />3. Several communities in California have renewed franchise agreements with Comcast <br />in the past twelve (12) months - nearly all of which have been fifteen (15) year terms. <br />