Agreement between City of Nashua and BRBTV LLC. for
Public Access Television Operations and Management Services
This Contract is between the City of Nashua, a New Hampshire municipality, (“City”), in its capacity as
cable television franchising authority pursuant to 47 United States Code 522(10) and 531, and (BRBTV,
LLC.), a limited liability company (“Contractor”). Contractor shall operate, manage and coordinate the
use of the City’s public access television channel, including designated equipment and facilities on a
nondiscriminatory, content-neutral, non-commercial basis subject to lawful scheduling and other
customary or lawful operating and programming guidelines as may be implemented by the Contractor in
accordance with applicable law.
Payments in the form of access support grants received under franchise agreements with the local cable
television system operator(s) are the sole source of City funding for the payment to Contractor under this
contract. As a conditioned precedent to the effectiveness of this contract, the City Board of Aldermen
must approve or must have previously approved the expenditure of these funds each budget year pursuant
to this Agreement. Contractor acknowledges that any City payments are subject to municipal finance
procedures and timetables as may be required by the City
NOW, THEREFORE, the parties, in consideration of the premises and the mutual covenants herein
contained, and intending to be legally bound, agree as follows:
SECTION 1. TERM.
A. The initial term of this contract begins on, July 1 2022, and ends June 30, 2025. Each contract year
shall be contingent upon Board of Aldermen approved funding. The City and Contractor may by
mutual written agreement extend the term of the contract, with each term extension being one year,
unless an alternate term extension is agreed to in writing. This contract may not renew beyond
the final termination date of June 30, 2027 without review and approval of a new and revised
agreement by the Board of Aldermen, the Mayor, the Cable Television Advisory Board, and the
City PEG Program management.
B. If this contract is not extended, or is terminated prior to the City negotiating and executing a new
agreement with Contractor or some other provider of public access management services, the City
at its sole discretion may request Contractor, and Contractor agrees, to hold over and continue
providing services under the terms and conditions contained in this contract until the City has
negotiated and executed a new contract with Contractor or some other provider of public access
management services for up to one-hundred and eighty (180) days, unless a longer time period is
mutually agreed upon by the parties in writing.
1. Ahold over request by the City must be made to the Contractor in writing, no fewer than
thirty (30) days prior to the contract termination date unless the Contractor agrees to a
shorter hold over request notice period.
2. Ifthe contract is being terminated due to default, any hold over request shall be included
in the notice of default.
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