Agmt02 AT&T Broadband/RCN Cable - Laserfiche WebLink

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RCN. RCN shall extend its optical fiber plant to the utility pole serving the AT&T Broadband node and provide an extended fiber length of approximately Two Hundred Sixty Five (265) feet (the distance between the utility pole and AT&T Broadband's node), so that RCN fiber can be pulled through AT&T Broadband's underground conduit to the node. Any alternative location and manner of splicing that is mutually agreeable to AT&T Broadband and RCN shall be considered acceptable. 5. Upon the completion of the splice and interconnection of paragraph 5, the LFA's will assume full operational control of the signals on the optical fiber, for the purpose of transmitting PEG Access signals either from or to the Peninsula TV facility, or to and from other sources of PEG Access programming within the LFA jurisdictional areas. Such control includes the responsibility for acquiring and installing appropriate electronics and interface equipment for one-way and two-way transmission. 6. AT&T Broadband shall provide the LFA's with an aggregate grant of Fifteen Thousand Dollars ($15,000) as a one-time contribution toward the implementation and activation of the interactive PEG Access distribution system. AT&T Broadband shall not recover the Fifteen Thousand Dollars ($15,000) through a regulated rate or as a separately itemized charge on subscriber bills. 7. AT&T Broadband shall retain ownership of the leased fiber, and shall maintain the integrity of the fiber path for the entire term of the lease, at no cost to the LFA's, SAMCAT or AT&T Broadband cable system subscribers. 8. To the extent that AT&T Broadband performs pursuant to the terms of this MOU, the LFA's will accept such performance as meeting the functional requirements of the interconnection requested in SAMCAT's letters to AT&T Broadband dated October 12, 2001 and March 28, 2002, and also meeting the intent of the interconnection requirements of the LFA franchise agreements. The LFA's agree not to raise interconnection for PEG Access transport as an alleged franchise violation in the pending change of control approval process as of the date of execution of this MOU. 9. In the event the interconnection between RCN and San Bruno or the splice and interconnection being provided pursuant to this MOU cease to carry interactive and/or one-way PEG Access programming or are disabled because RCN, and its successors or assigns, has abandoned its system and no longer is providing service, SAMCAT or the LFA's may terminate the lease of the optical fiber and request an interconnection to the San Bruno Cable Television system from AT&T Broadband or its successors or assigns pursuant to their franchises. AT&T Broadband reserves its rights with respect to any such request. 10. This MOU shall be binding on the successors and/or assigns of AT&T Broadband. 2