WPC o 2MBVRKZ3|X7jC:, Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP4M (PCL) (Additional); Local PrintHL4MPCAD.PRSXj\  P6G;\"PXP2yEK Z X-#XP\  P6Q XP#3|X"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN,x>\  P6G;PE ~,,p~\  P6G;pPF7jC:,9Xj\  P6G;XP G7nC:,|Xn4  pG;XHa$G,',G\  P6G;P\I5hC:,%2Xh*f9 xr G;XXL@|ND,5|\  P6G;PK@ND,4  pG;W!@(#,h@\  P6G;hP21=@U =X7'*&'&'& && ?%% $#?$" $" #" ?#" ?# ?À" ?"  ?"  "  " ? ?" ? ?" ? ?" " ? ?  ?? ?  ?  ? ?!?!?!??!~???!?!????????????|??? ??  ???? ? ? ???????8?x?x? ? ??? ?? ?? ? ?? ? ? ?  ? ? ?  ??  ?  ?? 0? ?? 8 ?? 8?? ?? ??? ???   @ ? ? ? ! ?!$$?$?$??#??#?8?##?# ??# ?# ?% %~&''?''?'?'''?'*)*?*p*|*~*?*?*?À**?----CCC C ?C ?C E E E ?E E E ?EEEE?EDEEEG?GGG G G ?8 6 6 6 ?6? ?5 5 7 7 7       ?   ?  ?  ? ?? ?  ? ?  ? ?  ?? ??  ?? ??  ?? ??  ?? ?  ??   ?   ?   ?          ǀ      ?              ?  ? ? ?  ?? ? À8 ? ?         ?  ? ?   ?       ?  ?À   À      ??    ? ?? ?   ?    ?  ?  À    ??    ?  ?   ? ?           ?      ? ?        ?     >   ??       ?  ?          ?     ?   ?   ?            ?? ? ??  ? ?   ?            ?        ??  ?  ?    &  '  '        ?       ?            ??  ??  ? ? ?   ?    ?                        ?   ??   ?   ? ?ǀ   ?ǀ  ? ?À  ? ?À   ?À   ?À   ?         ?         ?  ?  π       ?   ?            ?  À ?        ? ? ?      ?    8?       ? ? ~  ?  ? ?  ? ?  ?    ?  ? ??  ?   ?   ? ??  ?   ?  ? ? ? ? ? ? ? ? ?  ? ?   ?   ?   ?  ?  ? ?? ? ? ??? ~?   ? ? ? ?? ? ??  ? ? ??  ?  ?  ?À? ? ?? ?? ?? ? ? ? ?? ?? ??? ? ?? ?? ? ? ?? ? ?? ??  ??  ???  ?  ?  ? ?? ??  ?  ?  >?  ?  ?? - ?: 9 4ǀ? ?4 4 4? 4 4 4 4 5? 5 4 ?4 ?4 5 5 5 ?1? ?1 ?1 ?1 ?0 1x 1 / /? ?/π / / / .? ??.? ?. <. - - - --,,?,,-?----?+?* ??* ?+,>,,,?,?,?,--.?.?.?.%?À%%%%%%?%%?%?%?%&&'''?'?'?''?'())))x)?)?)?))*+++ǀX? π? ? ??? ##?&#&#? %#0%#x?%#?x%#?|%#?%#?%#?%#?%#%#%#%# ?%# $# ?$#?$# $# ?$# $#$#$#$#$#$#$#$###??####?##?##?#$ ?#$'$?'$'*'*'+'++XC  X    Figure 1  Figure 1 y!HH,L,@Uddfcclogo.wpgHHy#>\  P6G;xP#PUBLIC NOTICE  X-#Xj\  P6G;9XP#FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W.  X-WASHINGTON, D.C. 20554`(#  FCC 97149 ă  yx\ dddhy  aE#G\  P6G;P#News media information 202/4180500 FaxOnDemand 202/4182830 Internet: http://www.fcc.gov ftp.fcc.gov  X-#Xj\  P6G;9XP#`<(# Released: May 2, 1997 ă  Xi -i SOCIAL CONTRACT FOR COMCAST CABLE COMMUNICATIONS, INC. iAVAILABLE FOR COMMENT  X; -T  X$ -TP  X - x THE COMMISSION SEEKS COMMENT ON A PROPOSED SOCIAL CONTRACT WITH  xCOMCAST CABLE COMMUNICATIONS, INC. THAT PROVIDES INCREASED  xkINVESTMENT IN CABLE TV INFRASTRUCTURE AND SERVICE TO PUBLIC LIBRARIES AND SCHOOLS  xThe Federal Communications Commission ("Commission") and Comcast Cable Communications,  x>Inc. ("Comcast") have negotiated a proposed Social Contract. The proposed Contract was  x.negotiated pursuant to the Commission's authority to regulate cable services under Title VI of  xthe Communications Act and in accordance with the Commission's authority to consider and  xadopt social contracts as an alternative to other regulatory approaches as we have discussed  X'- xpreviously. See, In Implementation of Sections of the Cable Television Consumer Protection and  x[Competition Act of 1992: Rate Regulation and Adoption of a Uniform Accounting System for  X- x-Provision of Regulated Cable Service, MM Docket No. 93215 and CS Docket No. 9428, Second  xReport and Order, First Order on Reconsideration, and Further Notice of Proposed Rulemaking,  x>11 FCC Rcd 2220, 22782284 (1996). The proposed Contract will be considered for approval  xafter the Commission evaluates public comment on it. Comcast will serve, via mail, a copy of  xthis notice and a copy of the proposed Social Contract on all Comcast local franchising  xauthorities. This notice contains a summary description of the proposed Contract. The terms of  xthe Social Contract, however, will be controlling, and interested persons should read the proposed  xSocial Contract in its entirety. Copies of the proposed Social Contract can be obtained in the manner described below.  xComcast proposes to complete certain upgrades and improvements during the term of the Social  xContract in return for which it may create migrated product tiers in those systems which had not  xKbeen previously granted comparable tier flexibility. Under the proposed Social Contract, Comcast may convert these migrated product tiers into new product tiers on and after January 1, 1998.  xThe proposed Contract is designed to improve Comcast's cable service by substantially upgrading  xthe channel capacity and technical reliability of its United States cable systems. In addition,  xComcast will provide free cable service connections, modems, and modem service to public and private schools and to 250 public libraries in its franchise areas.   xSpecifically, the proposed Social Contract provides for the upgrading of a substantial1+,,,!*e@d;[!,L \ '#k \ h!"#$%&'0   x.number of Comcast's cable systems during the twoyear period ending on March 31, 1999. By  xthat date, 80 percent of Comcast's subscribers will be served by a system with a capacity of at  xleast 550 MHz. At least 60 percent of Comcast's subscribers will be served by a system with  xa capacity of at least 750 MHz. Systems serving at least 80 percent of Comcast's subscribers will  xjuse fiber optic technology to transport signals from system headends to neighborhood nodes.  xFinally, at least 80 per cent of Comcast's systems will use addressability or other suitable  xtechnology to make interactive services available to subscribers and to enhance the ability of consumers to make service choices.  X1-  x Comcast will offer 250 public libraries (1) a free cable modem, and (2) free unlimited  xcable modem service through each modem. Comcast will provide a free cable service connection  xto the selected libraries located within its franchise areas and within 200 feet of Comcast's  xactivated cable plant and will provide a cable service connection at cost to such libraries located  x=within its franchise areas but beyond 200 feet of Comcast's activated plant. Such connections  xwill be made as promptly as possible. In general, the cable modem service will be made  xavailable within one year after Comcast makes personal computerbased internet access service via cable commercially available to residential customers.   {xComcast will provide a free service connection to each public and private school located  xwithin 200 feet of Comcast's activated cable plant. Comcast will provide a service connection  x[at cost to public and private schools beyond 200 feet of its activated cable plant. Comcast will  xlalso provide a free modem and free modem service to all such schools within a year after  x<Comcast makes personal computerbased internet access service via cable commercially available  xto residential customers. Free cable service, including basic and enhanced basic service, and  xjservice offered on migrated and new product tiers, will be provided to all connected public and  xprivate schools. Comcast will provide a free monthly educational program listing to each  xconnected school. Additional internal wiring to serve additional outlets in any school will be  xzprovided at cost. Such wiring will be provided at no charge if Comcast is able to coordinate  xinstallation with other comparable electrical wiring installation being done in new or rehabilitated  x>schools. Comcast will sponsor local workshops on use of the cable modem service in each franchise area.   xPrior to a customer's termination of cable service, Comcast will not restrict the ability of  xcustomers to remove, replace, rearrange, or maintain any cable wiring located within their homes.  xLComcast will advise customers annually of their rights (1) to remove, replace, or maintain cable  xwiring themselves, (2) to select a contractor to perform these services, or (3) to request Comcast to provide such services at standard hourly rates, plus materials at cost.   ]xOn each of its systems having a capacity of at least 550 MHz and providing 55 channels  xsubject to rate regulation, Comcast may move up to four existing programming services from its  xbasic and enhanced basic tiers to a single migrated product tier. Comcast may not require the  xsubscription to any tier, other than the basic service tier, as a condition for subscribers receiving  xthe migrated product tier, and may not require subscription to a migrated product tier as a  xcondition for subscribing to any other tier of service. Initially, Comcast will set the rate for a  xymigrated product tier in any system at the same rate level, on a per channel basis, that is set for  xthat system's regulated tier from which the migrated product tier channels were removed. There  xwill be no limit on the number of new services that Comcast may add to the migrated product"),**n("  x>tiers it has created at the price of $0.20 per channel plus license fees. On or after January 1,  x1998, Comcast may reclassify each migrated product tier as a new product tier. These new product tiers will be treated as all other new product tiers under the Commission's rules.   ]xParties wishing to comment on the proposed Social Contract should do so by filing with  xthe Commission Secretary, no later than 45 days after release of this public notice, the original  xand four copies of their comments. Comcast may file a reply no later than 15 days after that due  xdate. All such pleadings should be filed with: The Secretary, Federal Communications  xyCommission, 1919 M Street, N.W., Washington, D.C., 20554, Attention: Cable Services Bureau Comcast Cable Communications, Inc.   @xThe proposed Social Contract is available for reference in the Cable Service Bureau's  xpublic reference room, Room 333 at 2033 M Street, N.W., Washington, D.C. Copies are  x<available from the Commission's copy contractor, International Transcription Services, Room 246,  x1919 M Street, N.W., Washington, D.C., (202) 8573800. For further information, contact John Norton or Royce Dickens at (202) 4187200. xMedia Contact: Morgan Broman at (202) 4182358. "K,**"   x  X-  av<)#|\  P6G;5P#SOCIAL CONTRACT FOR  a< COMCAST CABLE COMMUNICATIONS, INC.  X-T#Xj\  P6G;9XP# T T T T". ,,, "  X-TP  X-TABLE OF CONTENTShh@hpp  PAGE NO. Đ X-  I. BACKGROUND AND SUMMARY...........................................................xx3  Xv-II. DEFINITIONS............................................................................................xx4  XH-III. TERMS AND CONDITIONS...................................................................xx5  X -xA. INFRASTRUCTURE UPGRADE COMMITMENT......................xx5  X -xB. MIGRATED PRODUCT TIERS AND NEW PRODUCT TIERS..xx6  X -xC. ACQUIRED AND DIVESTED SYSTEMS...................................xx7  X-xD. ADDITIONAL CONSUMER BENEFITS......................................xx7  Xb-x` ` 1. SERVICE TO PUBLIC LIBRARIES..................................xx7  X4-x` ` 2. SERVICE TO SCHOOLS....................................................xx8  X-x` ` 3. CABLE HOME WIRING COMMITMENTS......................xx10  X-xE. NO IMPAIRMENT OF LOCAL AUTHORITY.............................xx11  X-xF. MODIFICATION AND TERMINATION.......................................xx11  X|-xG. WAIVERS AND PREEMPTIONS.................................................xx11  XN-xH. AUTHORITY TO ENFORCE CONTRACT..................................xx11  X -xI. EFFECTIVE DATE AND TERM....................................................xx12  X-xJ. LEGAL CHALLENGES................................................................xx12  X -xK. PUBLIC NOTICE...........................................................................xx12  X"-xL. FORCE MAJEURE........................................................................xx13  Xh$-xM. SEVERABILITY............................................................................xx13  X:&-xN. ENTIRE UNDERSTANDING........................................................xx13 " (,**&"  J   a]<) #|\  P6G;5P#SOCIAL CONTRACT FOR  a< COMCAST CABLE COMMUNICATIONS, INC. #Xj\  P6G;9XP#ѐTP  X-  I. A. 1. a.(1)(a) i) a) I. A. 1. a.(1)(a) i) a)Outline a1OutlineI.XxBACKGROUND AND SUMMARY (# X01Í ÍX0Í/ ÍTX0Í/ ÍX0Í/ÍX0Í/ÍX0Í/Íhe "Social Contract" set out in this document (the "Contract") relates to services offered by Comcast Cable Communications, Inc. ("Comcast") and its subsidiaries and affiliated cable companies actually or potentially subject to regulation under the terms of the applicable provisions of Title VI of the Communications Act of 1934, as amended (the "Act"). The Federal Communications Commission ("Commission") finds that the Contract will advance the public interest by improving Comcast's cable service by substantially upgrading and improving channel capacity, system reliability and picture quality of its United States cable systems and providing substantial customer service benefits that will greatly improve the public's access to Comcast's communications services. The Contract has been negotiated by Comcast and the Commission in accordance with the Commission's authority to consider and adopt "social contracts" as an alternative to other  X4-regulatory approaches applicable to cable television rates,4{, X- xԍSee Cost of Service Order, 9 FCC Rcd 4527, 467780 (1994); Public Notice, 10 FCC Rcd 5668 (1995). as modified and amplified in the  X-Orders adopting the Continental Social Contractd{, X- x<ԍSocial Contract for Continental Cablevision,Memorandum Opinion and Order, 11 FCC Rcd 299  X-(1995) ("Continental Social Contract"). and the Time Warner Social Contract,{, XD- xԍSocial Contract for Time Warner, Memorandum Opinion and Order, 11 FCC Rcd 2788 (1995)  X/ -("Time Warner Social Contract"). and its authority to regulate Comcast's cable services under the Act, particularly in light of the Statement of Policy set forth in Section 2(b) of the Cable Television Consumer Protection and  X-Competition Act of 1992[{, X%-ԍPub. L. 102385, 106 Stat. 1460 ("1992 Cable Act").[. This Contract covers those Comcast cable systems owned as of the Publication Date (as hereinafter defined). "eQ ,**J"Ԍ X-  a1OutlineII.XxDEFINITIONS (# xFor purposes of this Contract, the following terms shall have the meaning set forth below.  X- a2OutlineXxA.X` ` "Basic Service Tier" or "BST" means the cable service level that includes the signals of any local television broadcast stations and any public, educational or governmental access channel required by the relevant franchise to be carried on the BST.!C a2Outline!(#`  X - a2OutlineXxB.X` ` "Cable Programming Services Tier" or "CPST" means any tier of video programming service, but shall not include (1) video programming carried on  XE -the BST; (2) video programming when offered on a per channel, multiplexed,   X -la carte or per program basis; (3) any Migrated Product Tier ("MPT"); or (4) any New Product Tier ("NPT") as defined by the Going Forward Rules and 47 C.F.R.  76.987.!D a2Outline!(#`  X- a2OutlineXxC.X` ` "Cost" means actual dollars used to purchase or acquire materials as documented on invoices, statements, canceled checks, etc.!F a2Outline!(#`  Xy- a2OutlineXxD.X` ` "Effective Date" means the date on which the FCC adopts an order approving this Contract.!H a2Outline!(#`  X3- a2OutlineXxE.X` ` "Going Forward Rules" means the FCC's rules adopted in the Sixth Order on  X-Reconsideration,{, X - xԍSixth Order on Reconsideration, Fifth Report and Order, and Seventh Notice of Proposed  X-Rulemaking, 10 FCC Rcd 1226 (1994). including all subsequent clarifications and amendments.!I a2Outline!(#`  X- a2OutlineXxF.X` ` "Interest" means the Internal Revenue Service rate of interest for tax overpayments.!+K a2Outline!(#`  X- a2OutlineXxG.X` ` "Maximum Permitted Rate" or "MPR" means the maximum rate that Comcast could charge for each regulated channel pursuant to the Commission's rate regulations.!!L a2Outline!(#`  X - a2OutlineXxH.X` ` "Migrated Product Tier" or "MPT" means a tier consisting of up to four services moved from a system's existing regulated tiers and to which other services may be added, as described in Section III.B.1. below.!_M a2Outline!(#`  X$- a2OutlineXxI.X` ` "New Product Tier" or "NPT" means a tier as defined in 47 C.F.R. 976.987, including subsequent modifications or amendments.!N a2Outline!(#` "8&f,**E$J"Ԍ X- a2OutlineXx J.X` ` "Publication Date" means the date on which the Commission releases its initial Public Notice relating to this Contract.!P a2Outline!(#`  X- a2OutlineXx K.X` ` "LFA" means Local Franchising Authority. !-Q a2Outline!(#`  X- - a1Outline III.XxTERMS AND CONDITIONS OF THE SOCIAL CONTRACT (#  Xt-  a2OutlineXxA.X` ` INFRASTRUCTURE UPGRADE COMMITMENT !R a2Outline!(#`  X-  a3OutlineXxX` ` 1.X Technical Commitment (# xComcast will upgrade its cable systems so that, by March 31, 1999, the following minimum conditions will be met:  X -XxX` ` At least 80% of Comcast's subscribers will be served by a system with a capacity of at least 550 MHz. (#`  X -XxX` ` At least 60% of Comcast subscribers will be served by a system with a capacity of at least 750 MHz. (#`  X\-XxX` ` Systems serving at least 80% of Comcast subscribers will utilize fiber optic technology to transport signals from the system headend to neighborhood nodes.(#`  Xs-XxX` ` At least 80% of Comcast's systems will utilize addressability or other suitable technology to make interactive services available to subscribers and to enhance  X--the ability of consumers to make service choices. Comcast will make its best (#(#Xefforts to deploy new technology in a manner that is not disruptive to consumers. X-` (#(#(#(#Xx- (#  XD- a3OutlineXxX` ` 2.X Reporting Requirements (#  X-x` `  a.No later than ninety (90) days following the end of each calendar year that the Contract is in effect, Comcast will provide an annual progress report to the Commission outlining:  X -XxX` ` the number of subscribers served by systems, and the identity of those systems, with a capacity of either 550 MHz or 750 MHz;(#`  Xr#-XxX` ` the number of channels subject to regulation on each headend; (#`  X$-x` ` the identity of systems with MPTs created pursuant to this Contract; and  X,&-x  ` ` the aggregate amount which has been spent on the upgrade.(#`  X'-x` `  b.The Commission shall have the right to inspect the books and records of Comcast and interview corporate employees for the purpose of determining"(,**&J" compliance with the terms of this Contract.  X]- . a2OutlineXxB.X` ` MIGRATED PRODUCT TIERS AND NEW PRODUCT TIERS ! ] a2Outline!(#`  X-  a3OutlineXxX` ` 1.X Migrated Product Tiers(#  X- x` `  a.On each of its systems having a capacity of at least 550 MHz and providing 55 channels subject to rate regulation on or before March 31, 1999, Comcast may move a maximum of four regulated services to a single MPT except as provided for in subsection B.1.e. .Because the MPT will initially consist of services subscribers have already asked to receive, Comcast will not be required to remarket the MPT to existing subscribers.  X -Comcast may not require the subscription to any tier, other than the BST, {, Xa - xԍThe purchase of the BST will continue to be required pursuant to the Communications Act and  XJ- xCommission rules. See 47 U.S.C.  543(b)(7)(A); 47 C.F.R.  76.920; Rate Regulation, Report  X5-and Order and Further Notice of Proposed Rulemaking, 8 FCC Rcd 5631, 5741 (1993). as a condition for subscribing to an MPT, and may not require subscription to an MPT as a condition for subscribing to a CPST.  X-x` `  b.Initially, Comcast will set the rate for a franchise's MPT at the same level, on a per channel basis, that is set for that system's regulated tier from which the channels were removed. There will be no limitation on the number of new services Comcast may add to an MPT. Comcast may increase the price of an MPT to reflect new services added to the MPT by an amount not to exceed $.20 per added channel, plus the actual license fee(s) for the added channel(s). Inflation and external cost increases will be permitted on the migrated services in the manner permitted for CPSTs.  X-x` `  c.Where the Commission finds that a system subject to this Contract is subject to effective competition or its prices are constrained by competition, then the provisions of this Contract which limit Comcast's ability to take rate increases shall not apply.  X-x` `  d.Failure to Meet Upgrade Commitment. If by March 31, 1999, Comcast has failed to provide a capacity of 550 MHz and 55 channels for any headend in which it has established an MPT or an NPT under this Contract, Comcast will be required to refund any revenues collected for services provided over such a headend on an MPT or an NPT operated under this Contract which exceed the MPR which Comcast would have been permitted to charge for such services. All refunds shall include all applicable interest. "$ O,**"J" Refunds shall be structured so as to compensate those customers receiving service who have not benefitted from the technical upgrade requirements contained in Section A.1.  X-x` `  e.The provisions of Section B.1.a. shall not be applicable where a Comcast system already offers an MPT which is convertible to an NPT or where an NPT already exists as a result of a la carte packaging.  X-  a3OutlineXxX` ` 2.X New Product Tiers (# x` ` On or after January 1, 1998, Comcast may reclassify each MPT as an NPT. These NPTs will be treated as all other NPTs under the Commission's rules. This reclassification is consistent with Section 76.981(b) of the Commission's rules and will not constitute a negative option, and Comcast will not be required to remarket the reclassified NPT to existing subscribers of the MPT. Nothing in the Contract shall be construed to  X-prevent Comcast from creating other NPTs and/or offering  la carte channels pursuant to the Commission's rules.  X-  a2OutlineXxC.X` ` ACQUIRED AND DIVESTED SYSTEMS !m a2Outline!(#`  X-x` ` 1. Cable systems acquired by Comcast after the Publication Date, either through direct purchase or through a system trade, may be incorporated into this Contract only after the acquisition has closed and the Commission and Comcast have agreed on an amendment to include such systems under this Contract.  X-x` ` 2. MPT adjustments that Comcast has implemented under the Contract will continue to apply to cable systems divested by Comcast through a system sale or trade. Other rights and obligations will apply only if the new owner elects, with the concurrence of the Commission, for the provisions of this Contract to apply to such systems. Such Commission concurrence shall be expeditiously decided and shall not be unreasonably withheld.  X^-  a2OutlineXxD.X` ` ADDITIONAL CONSUMER BENEFITS !q a2Outline!(#`  X -  a3OutlineXxX` ` 1.X Service to Public Libraries (# x` `  Comcast will offer to make available to a specified number of public libraries as described below located within 200 feet of the activated plant of its cable systems (i) a cable service connection, (ii) a cable modem and (iii) free unlimited cable modem service through that modem. Such connections will be made free of charge and as promptly as possible. Upon request, Comcast will provide, at cost, a service connection to any such library located within its franchise areas which is beyond 200 feet of the activated plant of its"( ,**&J" cable systems. Additionally, Comcast will provide any such library with a cable modem and free unlimited cable modem service.  X-x` `  a.Comcast will make every reasonable effort to provide cable modem service to a minimum of 100 libraries (assuming that number of qualifying libraries accepts Comcast's offer), during the threeyear period beginning on the Effective Date and a  X-minimum of 250 libraries during the fiveyear period.pp  X.-x` `  b.In general, the cable modem service will be made available within one year after Comcast makes commercially available to residential customers a personal computerbased internet access service. Comcast reserves the right to provide telephonereturn or other alternative cable modem service technologies on a pilot basis in  X -other communities.  X- x` `  c.The staff from participating libraries will be able to participate in any local workshops provided to teachers in their area pursuant to Comcast's modem commitment to K12 schools.  X-x` `  d.Comcast agrees not to seek to recover the cost for these connections from cable customers as external or other costs.  X-  a3OutlineXxX` ` 2.X Service to Elementary and Secondary Schools (#  X--x` `  a.Comcast will provide a service connection at one outlet to each  X-public school and to each private school{, X- xԍPrivate schools are those defined by, and which receive funding pursuant to Title I of the  X-Elementary and Secondary Education Act of 1965, 20 U.S..C.  241a et seq., as amended. (grades K12) located within 200 feet of the activated plant of its cable systems. Such connections will be made free of charge and as promptly as possible to all unserved schools requesting such a connection. Upon request, Comcast will provide, at Cost, such a service connection to any other unserved K12 public or private school located within its franchise areas but beyond 200 feet of the activated plant of its cable systems. If any internal wiring installation is requested to serve additional outlets in any school, it will be provided at Cost; provided, however, that such internal wiring will be provided without charge if Comcast is able to coordinate with other comparable electrical wiring installation in cases of new construction or substantial rehabilitation of existing schools in Comcast's franchise areas.  X,&-x` `  b.Any public or private school connected pursuant to this",& d,**E$J" subsection may elect to install its own internal wiring and to bear the cost thereof.  X]-x` `  c.Free BST, CPST, MPT and NPT service will be provided to each outlet in all connected public and private schools.  X-x` `  d.Comcast will provide a free monthly educational program listing to each connected school. Additional copies of such program listings will be provided, if requested by a school, at Cost. Such educational program listings will identify and describe programming on the Comcast system that is appropriate for use in the classroom and will provide suggested curriculum support ideas.  X -x` `  e.Comcast will develop and provide to each connected school materials for teachers that explain the educational applications of Comcast's broadband cable systems and services. The materials will include a selfexplanatory notebook and video. One free copy of such materials will be provided to all connected schools. Additional copies of such materials will be provided, upon request, at Cost.  X-x` `  f.Within one year after Comcast makes commercially available to residential customers a personal computerbased internet access service within a specific franchise area or node utilizing cable modem technology (cable modem service), Comcast will, upon request by the local school department, provide each public or private K12 school (as described at D.2.a.), supra, within such franchise area or node with one free connection to  X-such online service. Upon request, each connected school will receive one free cable modem and free, unlimited access to the Comcast cable modem service for use. At a minimum, such online service will provide access to the Internet.. Additional cable modems and certain operational support and services (for example, assisting connected schools in setting up and maintaining reliable Internet connections), will be provided to connected schools at Cost, upon request.  X -x` `  g.Comcast will sponsor local workshops on use of the cable modem service in each franchise area where the service is commercially available to educate teachers about the educational services being provided by Comcast and to provide them with an opportunity for handson training. Comcast will provide these workshops for five years from the Effective Date of this Contract.  X'-x` `  h.Comcast agrees not to seek to recover the cost for these connections from cable customers as external or other costs."( ,**&J"Ԍ X-  a3OutlineXxX` ` 3.X Cable Home Wiring Commitments (#  X]-x` `  a.Prior to a residential customer's termination of cable service, Comcast will not restrict the ability of a customer to remove, replace, rearrange, or maintain any cable wiring located within the interior space of the customer's individual dwelling unit, so long as such actions do not interfere with the ability of the Comcast system to meet Commission technical standards or to provide services to, and collect associated revenues from, that customer or from any neighboring customer in a multiple dwelling context. Comcast's ownership rights to such cable home wiring shall be no less than that provided by applicable law or regulation.  XE -x` `  b.Upon commencement of service, and annually thereafter, Comcast will notify customers of their rights and options relating to cable home wiring. Such notice will advise customers that they may either: (i) remove, replace, rearrange, or maintain the cable home wiring themselves; (ii) select a qualified thirdparty contractor to perform these services; or (iii) request the Comcast system to provide such services at Cost.  X-x` `  c.Such notice will inform customers that if any cable home wiring is installed or rearranged by anyone other than Comcast, and any harmful or improper signal leakage occurs as a result, the customer may be held responsible for the cost of rectifying the problem. Comcast recognizes that it is required by Commission rules to terminate service to any location where signal leakage problems are not corrected.  X-x` `  d.Such notice will encourage Comcast customers to use highquality home wiring materials to avoid signal leakage and to maintain signal quality.  X-  a2OutlineXxE.X` ` tNO IMPAIRMENT OF LOCAL AUTHORITY ! a2Outline!(#` xNothing herein shall affect the enforceability of any otherwise valid preexisting local franchise agreement, ordinance, local law, or regulation which provides benefits which exceed thoset provided in the Contract relating to system upgrades or the wiring of schools or libraries, nor shall LFAs be restricted in their authority to negotiate for such additional benefits after the Effective Date."r# ,**!J"Ԍ X-  a2OutlineXxF.X` ` MODIFICATION AND TERMINATION !% a2Outline!(#`  X]-x` ` 1. The Contract may not be terminated or modified without the mutual agreement of Comcast and the Commission. The Commission's consent to any such termination or modification shall be demonstrated by an order issued by the Cable Services Bureau or, at the Commission's option, by the Commission itself.  X-x` ` 2. Any proposed modification to the Contract will be placed on public notice. Comcast shall serve all LFAs affected by the proposed modification with a copy of the public notice. The notice shall state that the LFA may submit comments to the Commission and shall provide one copy to Comcast no later than thirty (30) days following the release date of the public notice. Comcast shall have fifteen (15) days to file reply  X -comments.  X- a2OutlineXxG.X` `  ALL NECESSARY WAIVERS AND PREEMPTIONS DEEMED  X\-GRANTED !L a2Outline!(#`  X-  xIn addition to the specific waivers of the Commission's rules identified in the Contract, the order approving the Contract shall affirmatively state that any and all waivers of the Commission's rules, and any modifications to Commission forms, necessary to effectuate the terms of the Contract are deemed to be granted. The Commission will not assert in any proceeding that Comcast's compliance with the terms of the Contract violates any Commission rule or order, and, in any proceeding before the Commission brought by a third party, a showing by Comcast that it has complied with the terms of the Contract shall constitute a defense to any claim that Comcast's actions in meeting the terms of the contract constitute a violation of any applicable Commission rule or order.  X-t  a2OutlineXxH.X` ` AUTHORITY TO ENFORCE CONTRACT ! a2Outline!(#` xFor purposes of the Commission's authority to enforce any provision of this Contract against Comcast, including enforcement actions brought in U.S. District Court, Comcast agreest that any breach of this Contract by Comcast shall be considered the equivalent of a violation of an order of the FCC, entitling the Commission to exercise any rights and remedies attendant to the enforcement of a Commission order. However, aside from this limited purpose, Comcast and the FCC agree that a breach of this Contract by Comcast is not to be considered by any other party as the equivalent of a violation of an otherwisevalid FCC regulation or FCC order. In particular, any failure to comply with this Contract shall not be a"(,**&J" basis for any denial of a franchise renewal by, or other enforcement action of, any LFA.  X]-  a2OutlineXxI.X` ` EFFECTIVE DATE AND TERM ! a2Outline!(#` xThis Contract shall become effective when the Commission adopts an order approving the Contract and shall continue in effect through March 31, 1999, subject to Section III.F. above regarding modification and termination. Except, however, that Comcast agrees to continue to comply with Section III.D. for five years after the Effective Date.  X.-] ] t a2OutlineXx J.X` ` LEGAL CHALLENGES ! a2Outline!(#`  X -x` ` 1. Comcast waives any right it may have to any judicial review or appeal, or any other right to otherwise challenge or contest the validity of any order by the Commission adoptingt this Contract, or to use this Contract as evidence in any such proceeding. Comcast agrees that the provisions of this Contract shall be incorporated by reference in the Commission's order formally approving this Contract. Comcast and the Commission agree that they will each actively defend, before any forum, any Commission order adopting the provisions of this Contract against any appeal of or other legal challenge by any third party to any such order. Comcast and the Commission each agree that they will reasonably cooperate with the other in any such defense of the Contract and any such order.  X-x` ` 2. If the Commission, or the United States on behalf of the Commission, brings an action in any United States District Court to enforce the terms of any Commission order adopting this Contract, Comcast agrees, subject to the terms of the immediately preceding paragraph, that it will not contest the validity of such Commission order, or the Commission's authority to enter into the Contract. Comcast reserves the right, in defense of such an enforcement action, to demonstrate that it has complied with the provisions of the Contract or to assert its own interpretation regarding any performance obligations imposed by the Contract which may be subject to dispute.  X -  a2OutlineXx K.X` ` PUBLIC NOTICE ! a2Outline!(#` xThe Commission will promptly issue a public notice in which the Commission proposes to adopt the Contract as a final order governing Comcast's provision of cable services, and shall provide interested parties with 45 days to comment on the Contract and an additional 15 days in which to file reply comments. Comcast will serve copies of the public notice and Contract on all affected LFAs."',**b%J"Ԍ X- t a2OutlineXx L.X` ` FORCE MAJEURE !$ a2Outline!(#` xComcast shall not be deemed in breach of its commitments under this Contract in the event of any delay or failure in performance by any Comcast system from any cause beyond tits reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, or inability to secure local permits after all diligent efforts by Comcast to secure such permits.  X -t  a2OutlineXx M.X` ` SEVERABILITY !b a2Outline!(#` xIf any provision, clause or part of this Contract is invalidated by order of any court having proper jurisdiction over the subject matter of this Contract, the remainder of this  X-Contractt shall not be affected thereby and shall remain in full force and effect; provided,  X\-however, that, if either party reasonably determines that such invalidation is material to this Contract, the parties shall negotiate in good faith to reconstitute the Contract in a form that is, to the maximum extent possible, consistent with both the original intent of both parties in entering into this Contract and the rationale of such invalidation order.  X-  a2OutlineXx N.X` ` ENTIRE UNDERSTANDING !ִ a2Outline!(#` xThis Contract and its appendices, as either or both may be amended in accordance with the terms herein, constitute the entire agreement between Comcast and the Commission with respect to the subject matter of this Contract and supersede all prior agreements and understandings, whether oral or written, between Comcast and the Commission with respect to the subject matter of this Contract. No representation, warranty, promise, inducement, or statement of intention has been made by Comcast or the Commission which is not embodied in this Contract, and neither party shall be bound by, or be liable for, any alleged representation, warranty, promise, inducement, or statement of intention not embodied in this Contract or its appendices."",**: J"Ԍ "vB  X  "vB [xIN WITNESS WHEREOF, this Social Contract has been duly executed and delivered by or on behalf of the parties hereto as of the Effective Date as defined herein.  h COMCAST CABLE COMMUNICATIONS, INC.  X.-By:@__________________________________________  X -Name:@  XE -Title:@ FEDERAL COMMUNICATIONS COMMISSION  X-By:@__________________________________________ Name:   Title:[  h