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TCI Agreement 5-yr extension e. Tel Sent via facsimile and U.S. mail May 20, 1999 Don Brown, City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Don: This correspondence is intended to confirm our discussions regarding the resolution of outstanding issues related to Tel Cablevision of California, Inc.'s (TCI) upgrade project in the City of Cupertino. On behalf of TCI, I want to express my appreciation to the City and the residents of Cupertino for your patience and cooperation during this major project As you know, the upgrade project was scheduled for completion on December 31,1998. On March 31,1999 TCI completed the conversion of all Cupertino customers to the upgraded system. We are now in the process of conducting quality control of the completed upgraded system and removing old equipment from the rebuilt "Heritage~ system. In appreciation of Cupertino's patience and cooperation, TCI is pleased to purchase, in the form of a donation, equipment to upgrade the City Channel to digital format and equipment for public access programming in an amount not to exceed $200,000. Additionally, TCI will provide each current Cupertino subscriber with a coupcm valued at $13.54 to be used as a .~iJlin.g credit, Pay-Per-Vie'.IY purchase, ~:>r toward the subscripti~n !.9.[1e~ s~ryices. --. . - - As we had discussed, we recommend that City Channel staff meet with TCI's local programming manager to develop a list of equipment needed for the City Channel upgrade to facilitate the delivery ofthe equipment. Furthermore, TCI will provide current Cuperti",o customers with the coupon via direct mail no later than 90 days from the date of this letter. We are pleased to assist in the upgrade of the City Channel and to provide Cupertino customers with a coupon to enjoy their upgraded cable system. On another matter, this correspondence confirms that discussion regarding the City's request for access to Tel's fiber bandwith will be deferred for further study. I will contact you to schedule a convenient time to meet on this matter. Tel ot CalifornIa San Jose S~tem Ol1icc 1900 SO. TanLn Street P.O. BOl< 114 San Jose, CA 9510:'1.0114 (400) S1S.S200 FAX (408) 294.7280 An ~Qual Opportunity Employe' Don Brown, City Manager City of Cupertino May 20,1999 Page Two Please return a signed copy of this letter to confirm that: . The resolution we discussed is acceptable and Tel has met the Franchise Agreement obligation to upgrade the Cupertino cable system. .-. . Section 2 of the Franchise Agreement provides for an additional five years added to the term of the franchise upon the completion of the "Heritage System" upgrade. Once again, thank you, Mayor Dean, Council Member Statton, Commissioner Tsui, and Donna Krey for your work and support during this project. We look forward to working with you in partnership to provide the residents of Cupertino with the highest quality of cable and advanced telecommunications services. I hope to see you soon. Ie G ia Director of Government Affairs Silicon Valley Area Reviewed and accepted this by the City of Cupertino. t!b/17 day of 1999 Name: TiHe: CiI.;. ~ Cc: David Walton, Director, Tel Silicon Valley Area John Kopchik, President, TCl West Division Donna Krey, PIO, City of Cupertino