HomeMy WebLinkAboutFiber System EXHIBIT A
[Map of the District's FIBER SYSTEM]
r
e �
a
a kv
1
1.
I e
at
Legend
Fiber Service Area
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
I RUC.KEE
DO NER OFt
«�0' SMURPNY Exhibit"A"
rmoa Map of the District's Fiber System
8.38, „ « BROADBAND
EXHIBIT B-1
Descriution of Services
1.1 High Speed Internet:
Residential and Commercial Internet connectivity delivered via a dedicated fiber connection utilizing the
District's Fiber Network and Long Haul Fiber route back to Reno and Eagle's Headend
facility/equipment. Eagle shall maintain sufficient bandwidth to the Internet to provide a minimum
bandwidth for each customer of 1.5 mbps symmetrically. The Customer may have the option to have a
DHCP (Dynamic Host Configuration Protocol)which is included in the standard basic package or a Static
IP address assigned. The static IP address is at an added cost.
1.2 Internet Service Packages include the following:
• Residential Internet Access(1.5 mbps symmetrical)
• Basic Business 1.5 mbps(1.5 mbps symmetrical)
• Commercial Business Internet 1.5mbps symmetrical
• Commercial Business Internet 3.Ombps
• Commercial Business Internet 6.Ombps
• Commercial Business Internet 10 Mb/s
• Dedicated IP Address
1.3 Residential E-Mail Services& Web Hosting:
The following is a summary of the e-mail services included within the Internet Service Packages provided
by Eagle to the District:
• Five email accounts per standard residential Internet connection- no extra charge
• Integrated real time virus protection software will monitor inbound and outbound email server
traffic for email related viruses
• An Intrusion Detection System Server located at the Eagle Head-end Facility will monitor
inbound and outbound traffic for viruses, worms, and unauthorized intrusions
• A web based interface is available for Customers to view email from anywhere via a web browser
• Redundant email servers
• Servers can be administered locally and/or remotely
The following is a summary of Residential Web Storage and Web Hosting services:
• The basic residential Internet account will include up to l Omb of web storage
• This storage will be under the District's assigned domain name
• A customer cannot use his/her own Domain Name Provisioning these accounts will be controlled
by Eagle Broadband Services
1.4 Business E-Mail Services&Web Hosting:
The following is a summary of the virtual business email services Eagle shall provide to the District:
• Eagle's Domain Name Servers will host Customer's registered Domain Name
• The virtual email service will be tiered starting with 25 up to 100 individual users; larger
customers can be serviced upon request.
• The Customer, via a web browser, can perform administration of the email accounts remotely.
• Integrated real time virus protection software will monitor inbound and outbound email server
traffic for email related viruses
• An Intrusion Detection System Server located at the Reno Head-end Facility will monitor
inbound and outbound traffic for viruses,worms, and unauthorized intrusions
2
The following is a summary of Business Web Storage and Web Hosting services:
• This service will be tiered starting with 200mb up to 500mb of web storage; larger customers can
be serviced upon request
• The customers registered Domain Name will be hosted on Eagles DNS servers
• Provisioning these accounts will be controlled by Eagle Broadband Services
• Servers can be administered locally and/or remotely
1.5 Video Services
Table B-1 depicts the Channel line-up and the associated packages available at the Effective Date of this
Agreement, excluding premium packages. This table may change from time to time based on channel
availability, customer demand, and cost. The channel line-up may be reviewed and negotiated between
the District and Eagle every six months.
1.6 Video Service Packages Include:
• Basic Service
• Expanded Service
• Premium Services
• Pay-Per-View Services
• DMX Music Channels
• Video On-Demand
• Business Cable(News, Weather, Music)
3
Table B-1 Channel Line-up
1001
2- KVIE(PBS 6 63 WGN 101 Jazz Vocal Blend 301 Home Box Office
3 KCRA(NBC 64 MTV 102' Hottest Hits 302 HBO East
4 K CA(WB 58 65 MBC 103 Modem Count 303 HBO P}us
5 Truckee Tahoe Channel 6 66 VH 1 104 Altemative 304 HBO Si nature
6 KTXL(Fox 40 67 GAC 105 .Adult Contem Diary 1305 HBO Faml
7 KOLO(ABC 68 S ike TV 106 Lite Classical 306 HBO Famil East
-8 KMAX(3) UPN 64 Comedy Central 107 Rock n'Roli Oldies 307 HBO Comed
9 KXTV(ABC) --- Classic Rock 308 HBO Zone
]0 KRXI(Fox 11.) 71 E!St le 109 Urban Beat 309 HBO Latino
ILI Local Ori ination-Govt. ` 110 Urban Adult Contain _ 311 Cinemax
12 KOVR(CBS) 111 Rap 312 Cinemax Fast)
73 Leased Access �'"` '. '�✓ r : 112 Jazz 313 More Max
14 CNBC 201 ESPNews 113 Blues 314 More Max Fast
15 MSNBC 202 ESPN Classic Spoils 114 Re ae 315 Action Max
16 Fox News 203 Fox S ons World 115 Gos ei 316 Thriller Max
17 CNN 204 Outdoor Channel 116 trends 317 5 Star Max
18 CNN FN 205 G ntolf Channel 117 S hon 318 W Max
19 Headline News 206 Histo Channel 118 Coffeehouse Rock 319 Outer Max
20 Bioombers 207 History International 119 Dance
21 CSPAN 1 208 A&E Bio rah 120 Reno Dance 322 Showtime
22 CSPAN2 209 Court TV 121 Album Rock 323 Showtime(East)
23 Animal Planet 210 BBC America 122 80's Hits 324 Showtime Too
24 Discovery_ 211 International Channel 123 70's Hits 325 Showtime Too(East)
25 'TLC 212 S anish 124 Classic R&B 326 Showtime Showcase
26 Weather Channel 213 Discovery Home and Leisure 125 Hard Rock 327 Showtime Showcase East
27 Travel Channel 214 Discove Health 126 Soft Hits 328 Showtime Extreme
28 HGTV 215 Discove Wins 127 Golden Oldies 329 Showtiem Extreme East
29 Food Network 216 Discovery Civilization 128 Rockin'Country 330 ShowtimeBeyond
30 Sierra Co! e 1 217 Discovery Times 129 Acid Jazz 331 Showtime Beyond(East)
31 Siena Colle e 2 218 The Health Network 130 Smooth Jazz 332 Showtime Next
32 ESPN 219 Tech TV 131 Big Band/Swin 333 Showtime Women
33 ESPN 2 220 Game Show 132 New A e 334 Showtime Family Zone
34 Fox Sports Ba Area 221 TV Land 133 Holiday/Happenings 336 The Movie Channel
35 Football Network 222 Soa Net 134 Great Standards 337 The Movie Channel East
36 Outdoor Life 223 Hallmark 135 Christen Con 338 The Movie Chamtel sun,37 Sportsman Channel 224 The Science Channel 136 Children's 339 The Movie Channel xtra(East)
38 SPEED 12251 National Geographic 340 Firs
39 Univision 226 DiscoveryKids 341 Sundance
40 (S anish 227 Noggin
41 Disney Channel 228 Nick Games and Spoils _' ( 345 STARZ
42 Lifetime 229 Turner Classic Movies 1 CNBC 346 STARZ East
43 WE 230 Lifetime Movie Network 2 MSNBC 347 STARZ2
44 Nickelodeon 231 lode ndent Film Channel 3 Fox News 3481 S1 ARZ3
45 Varsir 232 Ovation 4 CNN 349 STARZ Cinema
46 ABC Family 233 Inspirational Life 5 CNNFN 13501 STARZ Family
47 Trinity Broadcast Network 234 Good Life 6 Headline News 352 Encore
48 The Word Network 235 Wisdom 7 Bloomber 353 Encore East
49 EWTN 236 MTV2 8 CSPAN 1 354 Encore Action
50 Sho NBC 237 MTV Hits 9 CSPAN 2 355 Encore Action KEast
51 VC 238 FUSE 10 ESPN 356 Encore Love Stories
52 HSN 239 VH l Classic Rock 11 DMX-Modem Count 357 Encore Mysteries
53 Cartoon Network Y'Ri VH 1 Count 12 DMX-Hottest Hits 358 Encore True Stories
54 Tam Disney 241 VH I Soul 13 DMX-Adult Contem ora 359 Encore Tme Stones(East)
55 A&E 242 BET 14 DMX-Lite Classical 360 Encore Westerns
56 AMC 243 BET on Jazz 15 DMX-80k Hits 361 Encore WAM!
57 Bravo 16 DMX-70's Hits
58 FX 17 DMX-Golden Oldies 364 Urban X
59 TNT 18 DMX-Holida LIHappenings 365 Hot
60 USA 19 DMX-Great Standards 366 The Hot Network
61 Sci Fi 20 DMX-Smooth Jazz 367 Spice
62 TBS 368 S ice2
113691 Pla bo
4
1.7 Customer Support Services
Eagle shall provide the stated Customer Support Services to the District:
Basic Customer Service Representatives
• Service Provisioning of Customers after hours and weekends.
• Service scheduling and dispatch after hours and weekends.
• Service order processing after hours and weekend.
• Create,package, and mail bills to Customer Monthly.
• Support the District IN OSS/BSS Training (includes: sales, customer service,billing, data input
& management)
Technical Support Services for Internet and Video Related Problems
• Level 1 phone support for the District customers during business hours
• Customer Support per Call -After hours & Tech. Support
1.8 Infrastructure Support Services (Monitoring and Management)
1.8A Infrastructure Device Monitoring
The following is a summary of the Infrastructure Device Monitoring related services:
• Devices included in Monitoring:
o Server class computers
o Routers
o Switches
o Last Mile Gateways
o Last Mile Cores
o Manageable Hubs
o Customer Premise Equipment(CPE)
• Monitor equipment for:
o Up/Down status
o Network events
o Exceeding thresholds as mutually defined
• Problem detection/isolation
• Remote problem resolution when applicable
• Escalation—Contact predetermined EAGLE and/or the District resource(s) for notification of
events requiring intervention
• Dispatch field technicians on site when applicable
1.813 Infrastructure Device Management:
Device management is the proactive maintenance of equipment based on Manufacturer's
hardware& software updates, network history, lessons learned, etc. The following is a summary
of the Infrastructure Device Monitoring related services:
• Devices included in Monitoring:
o Server class computers
o Routers
o Switches
o Last Mile Gateways
5
o Last Mile Cores
o Manageable Hubs
o Customer Premise Equipment(CPE)
• Proactive Device Management—
o Proactively adjust device settings
o Proactively update device configurations to optimize performance and increase
overall device availability.
• Recommend replacement equipment when end of life or capacity utilization is reached.
• Device Alarm Management—
• Proactively reset alarm thresholds
o Proactively update alarm monitoring software
• Escalation—Contact predetermined Eagle and/or the District resource(s)for notification of
events requiring intervention.
6
EXHIBIT B-2
Service Level Statements
2.1 General
The various Internet Access packages have different availability service levels. The following table
identifies those levels:
Residential Internet Access 1.5 mbps 99%
symmetrical
Basic Business 1.5 mbps(1.5 mbps 99%
symmetrical)
Commercial Business Internet 1.5mbps 99.9%
symmetrical
Commercial Business Internet 3.Omb s 9 1.99%
Commercial Business Internet 6.Omb s 99.99%
Commercial Business Internet 10 mbps 99.99%
If Eagle fails to meet the Internet Connectivity Availability Guarantee during any given calendar month,
District's account will be credited. Eagle will calculate the "Network Unavailability" in a calendar month
and supply District with report by the tenth day of the following month. "Network Unavailability"
consists of the number of minutes that the High Speed Internet Connectivity is not available.For purposes
of this Availability Service Level, "unavailable"or"unavailability"means the duration of a break in
transmission measured from the first of ten(10)consecutive severely erred seconds ("SESs")on the
particular Service until the first of ten (10)consecutive non-SESs. An SES is a second with a bit error
ratio of greater than or equal to I in 1000. Credits will not be made for Network Unavailability that: (a)
continue for one hour or less which Customer and/or District fails to report to Eagle within 10 days from
the date of the occurrence; (b)or caused by District's Fiber Network maintenance, defect,or damage
thereto; (c)or caused by any Customer-ordered telephone company circuits which affects fiber network;
(d) or caused by Customer's applications,equipment,or facilities; (e)or caused by acts or omissions of
Customer,or any use or user of the service authorized by Customer;or, (I)or caused by reasons of Force
Majeure(as defined in the Service Agreement), (g) or caused by planned outages by the District and/or
Eagle for maintenance purposes(Customers will be notified at least 24 hours prior to the outage—typical
outages will be planned for early morning, hours such as from 3:00am to 5:00am PST).
If Eagle fails to meet this Availability Guarantee, the District's account shall be credited a portion of the
Monthly Recurring Charge(MRC)according to the following tables for each package:
Residential Internet Access(1.5 mbps symmetrical)—99%
0—j5 minutes �No Credit
5:01 minutes—6 hours No Credit
6:01 —12 hours 3%of the MRC
12:01 — 18 hours 6.5%of the MRC
18:01 —24 hours 13%of the MRC
24:01 to 48 hours 20%of the MRC
Each additional 24 hours 20% additional of the MRC up to
100%@ 5 days
7
Basic Business Internet Access 1.5 Mb (Minimum SEA support)-99%
0-5 minutes No Credit
5:01 minutes-6 hours No Credit
6:01 -12 hours 3% of the MRC
12:01 -18 hours 6.5%of the MRC
18:01 -24 hours 13%of the MRC
24:01 to 48 hours 20%of the MRC
Each additional 24 hours 20% additional of the MRC up to
100% @ 5 days
Standard Business Internet Access 1.5mbps symmetrical-99.9%
0-5 minutes No Credit
5:01 minutes-6 hours 3%of the MRC
6:01 -12 hours 6.5%of the MRC
12:01 -18 hours 10%of the MRC
18:01 -24 hours 18%of the MRC
Over 24 hours 25%of the MRC
Each additional 24 hours 25% additional of the MRC up to
100%@ 4 days
Business Internet 3.0mbps, 6.Ombps,& 1 Ombps-99.99%
0-5 minutes No Credit
5:01 minutes-3 hours 6.5%of the MRC
3:01 -6 hours 13%of the MRC
6:01 -12 hours 18.5%of the MRC
12:01 -18 hours 25%of the MRC
18:01 -24 hours 45%of the MRC
Over 24 hours 70%of the MRC
24:01 48 hours 90%of the MRC
Over 48 100%of the MRC
2.2 Video Services-Service Level Statement
Standard for Services: At a minimum, the Eagle's Head-end Facility will operate such that no visible
artifacts in video quality can be depicted as it relates to jitter, latency, macro blocking, and flicker. The
channel change time shall be no greater than 2.5 seconds.These service levels will be measured at the
Core Switch located in the District's Distribution Center. In addition Eagle shall
• Manage Head-end Facility equipment resources in order to provide services for a minimum of 200
Channels
• Maintain the IP video network equipment located in Eagle's Head-end Facility in order to provide
for a 99.9%delivery success.
• Operate and maintain the Distribution Center video equipment in order to provide 99.9% delivery
success.
• Maintain Broadcast TV satellite communications systems for 99.9%down link delivery capability.
8
2.3 Video Availability
If Eagle fails to meet the Video Service Availability Guarantee during any given calendar month,
District's account will be credited. Eagle will calculate the"Video Unavailability" in a calendar month
and supply District with report by the tenth day of the following month. "Video Unavailability" consists
of the number of minutes that any of the Video Packages are not viewable. For purposes of this
Availability Service Level,"unavailable"or"unavailability" means the duration of a break in
transmission measured from the first of thirty(30) consecutive seconds that 20 percent of the video
channels are not viewable. Viewable means that the entire video stream has been disrupted by a blank
screen, severely fuzzy screen,frozen picture, severe hesitations, or lack of any recognizable features. The
video unavailability will be measured at the Distribution Center Facility. Credits will not be made for
Video Unavailability that: (a)continues for one hour or less which Customer and/or District fails to report
to Eagle within 10 days from the date of the occurrence; (b) or caused by District's Fiber Network
maintenance, defect, or damage thereto; (c)or caused by Customer's applications,equipment, or facilities;
(d) or caused by acts or omissions of Customer, or any use or user of the service authorized by Customer;
or, (e) or caused by reasons of Force Majeure (as defined in the Service Agreement), (f)or caused by
planned outages by the District and/or Eagle for maintenance purposes(Customers will be notified at
least 24 hours prior to the outage—typical outages will be planned for early morning hours, such as from
3:00am to 5:00am PST), (g) or caused by any channel outages or corrupted video caused by the individual
Broadcaster's source feed,change in programming(deletion of channels either temporary or permanent).
If Eagle fails to meet this Availability Guarantee, the District's account shall be credited a portion of the
Monthly Recurring Charge(MRC) according to the following tables for each package:
Residential Video Access—99.9%
0—6 hours No Credit
6:01 —12 hours 3%of the MRC
12:01 — 18 hours 6.5%of the MRC
18:01—24 hours 13%of the MRC
24:01 to 48 hours 20%of the MRC
Each additional 24 hours 20% additional of the MRC up to
100% @ 5 days
Business Video Access—99.9%
y �
0—6 hours No Credit
6:01 —12 hours 3%of the MRC
12:01 —18 hours 6.5%of the MRC
18:01 —24 hours 13%of the MRC
2-01 to 48 hours 20%of the MRC
Each additional 24 hours 20% additional of the MRC up to
100%@ 5 days
9
2.4 Infrastructure Support Services—Service Level Statement
2.5 Device Monitoring
1. All Devices under this Agreement will be remotely monitored 24 hours, 7 days per week, 365 days
per year, ("240065") 99%of the time. Devices that WILL NOT count against this metric include:
Devices administratively taken down;
New devices determined not to be in operation/production;
Device not connected to the infrastructure.
2. Critical alarms will be responded to within 10 minutes of the initial alarm condition 99%of the time.
a. Eagle Responsibilities:
L Continuous Monitoring
- EAGLE will poll specified devices 24 x 7 x 365 at an interval not to exceed 10 minutes to
ensure availability.
2. Event Escalation—Critical Alerts
- Events defined as CRITICAL will be responded to within 10 minutes of the time stamp of
the event as recorded in the EAGLE monitoring tools. Response time will be recorded in an
EAGLE trouble ticket,email,or other electronic means where the time stamp is system
generated.
- Events will be escalated for resolution upon the receipt of alarms defined as CRITICAL.
- Following initial notification of event, EAGLE will track the event until resolution.
- Ticket will be closed upon resolution or the District's approval to permanently unmanage the
offending device.
- Eagle will establish initial thresholds. Modifications to threshold setting will be jointly
agreed upon through change management.
3. Reporting
Eagle will provide the District with secure access to the Eagle intemet site in order to view reports
and real time ticket data. Access will be made available within 30 days of the Effective Date of
this Agreement.
b. The District Responsibilities:
1. Continuous Monitoring
- Provide IP address and community string of each device that is to be monitored.
2. Management Setup
- Appropriate access rights will be given to Eagle for each of the devices in order to allow Eagle
to effectively manage the devices.
- Concur on events and thresholds to be monitored. Eagle will provide an initial list of events and
recommended threshold settings.
- Provide secure physical access to the devices and adhere to the Eagle Change Management
process.
3. Event Escalation—Critical Alerts
- Provide points of contact for trouble escalation.
- Define alert notification processes and procedures, including escalation procedures for the
District
10
Communicate with Eagle any changes to the network that would affect the delivery of Service at
least 24 hours in advance of change.
Provide the system and network capacity required to support the Services. If Eagle notifies the
District that any network device has reached critical utilization levels and that additional capacity
is required to perform the Services it is the District's responsibility to provide the additional
capacity or relieve Eagle from any affected Service Levels until such additional capacity is
installed.
Be responsible for all on-site costs associated with providing network hardware, server software
and network connectivity required to provide the Services.
4. Reporting
- Request changes to reporting structure through submission of a Program Change Request(PCR).
2.6 Infrastructure Device Management SLA
I. All Devices under this Agreement will be kept at the latest appropriate revision levels and
engineering change levels required by the manufacturer.
2. Eagle notifies the District that any network device has reached critical utilization levels and that
additional capacity is required to perform the Services.
Eagle Responsibilities:
1. Continuous Monitoring
- Manufacturers specifications for software updates and hardware engineering changes.
2. Management Setup of Devices
- Eagle will work with the District to ensure that any required management functions are installed
and configured properly.
- Eagle will establish initial device events to monitor. Modifications to event list will be jointly
agreed upon through a Project Change Request.
- Threshold settings will be setup intially across all servers in the the District environment.
Settings will be active upon completion of management agent installation.
3. Event Escalation—Critical Alerts
- Eagle will establish initial thresholds. Modifications to threshold setting will be jointly agreed
upon through change management.
4. Reporting
- Eagle will provide the District with secure access to the Eagle internet site in order to view
reports and real time ticket data. Access will be made available within 30 days of the Effective
Date of this Agreement.
2.7 Customer Support Services—Service Level Statement
1. Maintain an `Average Time to Answer' of less than 60 seconds per calendar month. The values for
this metric will be extracted from the Eagle PBX. The PBX clock will begin when the initial
recorded greeting is presented, and stop when a call center agent answers the call.
2. Maintain an `Average Time to Return Voice Mail Messages' of less than 60 minutes per calendar
month. Only calls placed to the number dedicated to the District and have left a recorded messages
will be counted towards this metric. It will be measured from the time stamp of the recorded message
(generated by the Eagle voice mail system), to the first ring of the return call. These values will be
manually entered into the Eagle ticketing system.
3. Maintain a `Call Abandon Rate' of less than 5%per calendar month. The values for this metric will
be extracted from the Eagle PBX. Only calls placed to the hotline number dedicated to the District
and have been in the queue for at least 60 seconds will be counted towards this metric.
11
4. Escalate issues to local technical support for defined CRITICAL issues.
5. Generate trouble tickets for all valid calls.
6. Provide feedback to the District periodically regarding assessment of end user capabilities and
Customer handbook documentation recommendations.
a. Eagle Responsibilities:
1. Provide a TOLL FREE number dedicated to the District into the Eagle PBX(HOTLINE).
2. Provide PBX capacity and qualified personnel sufficient to handle up to 500 calls per month.
3. Provide qualified and trained personnel to respond to calls placed to the District customer line
24I71365. Eagle holidays will be staffed with a weekend schedule.
4. Respond to calls presented to the District hotline within the parameters of the Service Levels defined.
5. Document each call presented to the District hotline with a minimum of the following information:
• Customer Name, Address&Phone(s)
• Date& Time
• Nature of the problem
• Actions Taken
• Resolution
6. Provide statistical reports monthly via secure Internet access.
7. Service Provisioning
8. Service scheduling and dispatch
9. Service order processing
Response Time Service Level
The Response Time Service Level for Eagle is as set forth below. This Response Time Service Level is
measured from the time Eagle's CSR receives and logs Customer's request with all of the necessary
information requested by Eagle Customer Service, until an Eagle technician first calls Customer in
response to the request. In the event Eagle does not meet the following Response Time Service Level, the
District will be entitled to a service credit equal to the charges for one (1) day of the MRC for the affected
Customer(with a maximum of a one(1)day credit for all instances of delay in a day, with a total monthly
maximum credit of seven (7) days).
J t
Residential Internet Access 240 4hours
1.5 mbps symmetrical
Best Effort Business 1.5 240 4 hours
mbps(Minimum SLA
support)
Business Internet 1.5mbps 240 1 hour
symmetrical
Business Internet 3.Ombps 240 30 minutes
Business Internet 6.Ombps 240 30 minutes
Business Internet 10 mbps 240 30 minutes
12
Call Success Rate Service Level. The Call Success Rate Service Level for Customer Service is 90%*.
The Call Success Rate is measured by Eagle as a monthly average calculated based on the number of
phone sessions established against the total sessions attempted. A phone session is established when the
CSR picks up an incoming Customer call. In the event Eagle does not meet the CSR Service Level for
reasons other than an Excused Outage, Customer will be entitled to a service credit off of the MRC for the
affected Service as set forth in the following table:
88 to 89.99% 2.5% of the MRC
85 to 87.99% 5%of the MRC
80 to 84.99% 7.5% of the MRC
<79.99% 10% of the MRC
b. The District Responsibilities:
1. Establish and distribute a Customer Relation Protocol briefing to all the District and Eagle employees
to:
• Introduce Eagle
• Explain the Remote Customer Support& Help Desk concept
• Provide the HOTLINE number
• Instruct on proper use of the HOTLINE
• Set Expectations
2. Participate in periodic Customer Satisfaction and Quality Control initiatives initiated by Eagle
13
EXHIBIT B-3
Compensation
3.1 Internet Services
Description TDPUD Cost per
month per
subscriber
Data only- Residential (1.5 mbps) $26.50
Basic Business Internet 1.5 mbps $26.50
Standard Business Internet 1.5mbps $124.04
;1.5 mbps (Minimum SLA support) $26.50
Business Internet 3.Ombps $239.20
Business Internet 6.Ombps $479.20
Business Internet 10 mbps $799.20
Business Security $33.37
(Additional email accounts over initial 5 $1.00
DedicatedlP Address $2.00
Virtual Business Email 25 Users $9.95
Virtual Business Email 50 Users $19.95
Virtual Business Email 100 Users $39.95
Business Web Hosting 200mb $19.95
Business Web Hosting 350mb $39.95
Business Web Hosting 500mb $99.95
3.2 Video Services
Description TDPUD Cost per month per
subscriber
Basic (includes DMX music and PPV) $19.80
Expanded Basic $33.45
Deluxe (Expanded Basic plus all Premiums) $73.78
HBO The Works(7 HBO channels) $10.13
Starz Super Pack(includes Encore) $11.49
Showtime Unlimited (includes The Movie Channel, Fix, and
Sundance) $11.09
Cinemax MAX Pack $7.62
PPV Movies See Revenue Share Below
Video On Demand (movies/months/sub) $4.19
Adult(60/40 split with studio) $671
Business Cable (Small Business/ Music) * Excludes Bars and
Restaurants $6.31
Send Bills to Customer Monthly $3.00
14
** PPV Movie Revenue Share : The`licensing fee" or amount to be paid to the licensing entity may vary
slightly depending on several factors such as the studio that produced the movie, movie title, and age of
the movie. Typically,the licensing entity will be entitled to 60% of the retail price at which the movie is
offered. The remaining 40% will be shared as follows:
• 65%toEagle
• 35%to the District
If the total licensing fees for a given month is less than $300.00, the District shall remit to Eagle,
concurrently with the licensing fees for such month,an amount sufficient to cause the aggregate amount
paid to Eagle for such month to equal$300.00.
3.3 Other Services:
OSS/BSS Training (includes: sales, customer
service, billing, data input & management) $1,000.00 per day/per person on-site plus expenses
One time OSS/BSS set-up charge $17,000
Customer Support per Call -After hours&
Tech. Support $1.00
Customer Support Monthly Fee- Beginning
when ACTIVE (1st customer) $2,000.00
3.4 Infrastructure Support Costs
The monthly cost of optional device monitoring and management. The components of this billing
commitment are as follows:
Quantity of Infrastructure Equipment 1-50 51-100 101-150 151-200 201-250 250&abov,
I
Monitoring cost per device Includes CPE * $3.50 $3.12 $2.74 $2.36 $1.99 $1.99
$17.20
Device Management* $79.50 $41.12 28.07 21.36 $17.32
Number of Calls per month
- District Network Support Services-
Available 24X7—(Level 11 Engineering $3500.00
Support) $1000.00 $1,000.00 $1,.00 $2,950.00 $3,394.00
*The District will identify which devices to be monitored and/or managed.
**This cost does not include engineering or technician onsite services for maintenance of the District's
Fiber Network.
***Level II Engineering Call Support for District Network- Eagle will charge a flat rate of
$1000.00 per month for up to 30 calls per month-Available 24X7. Any additional calls will be billed at
$40.00 per call.
15
EXHIBIT C
Equipment to be supplied to District and Terms
1. PRODUCT
Products listed below are examples of what is available as of 2/24/04 and are for illustrative
purposes only.
Set top boxes—Electronic Equipment used by the Customer forIP broadcast video and video-on-
demand capabilities and services.
UNIT TOTAL
OTY DESCRIPTION COST AMOUNT
Eagle Media Pro, Rev. 2.1
No Hard Drive,400 MHz CPU, Network boot, Minerva/Linux OS
(MPEG 2&4, 3D graphics,dual NIC,128 meg RAM IR Remote Control
Composite, S Video& RF outputs
500 $325.00 $162,500.00
1,000 $315.00 $315,000.00
2,000 $290.00 $580,000.00
Eagle Media Pro Thin Client
No Hard Drive, Network boot, minimal graphics and browsing,
Minerva/Linux OS, minimal RAM, MPEG 2&4
IR Remote Control
Composite, S Video& RF outputs
500 $185.00 $92,500.00
1,000 $165.00 $165,000.00
2,000 $150.00 $300,000.00
Amino-AmINET103
No Hard Drive, MIPs PowerPC, Flash memory, Network boot
Minerva/Linux OS, MPEG2 video decode, HTML and JavaScript Interfaces,
IR Remote Control
Composite output
500 $175.00 $87,500.00
1000 $160.00 $160,000.00
2000 $160,00 $320,000.00
Amino-AmiNET 110
No Hard Drive, MIPs PowerPC, Flash memory, Network boot
Minerva/Linux OS, MPEG2 video decode ,
HTML and JavaScript Interfaces, IR Remote Control
Composite, S Video&RF outputs
500 $190.00 $95,000.00
1000 $175.00 $175,000.00
2000 $175.0 $$350,000.00
Prices,license fees, or discounts contained herein are subject to change.
2. TAXES.
The prices and license fees herein are exclusive of all excise, sales, use, value-added,
and other taxes and duties imposed by any governmental authority, federal, state, municipal or
local, United States or foreign, except for taxes based on Eagle's net income. Eagle shall
16
detennine the amount of taxes applicable to each Order for which it is responsible and increase
the amount invoiced to District by the applicable taxes. Upon providing Eagle an appropriate
reseller's certificate, District shall be relieved of responsibility for the payment of any tax from
which it is, by virtue of such reseller certificate, exempted from paying, whether invoiced by
Eagle or not.
3. PAYMENT AND CREDIT TERMS.
All payments to be made by District shall be due within thirty(30) days of the receipt by
District of a proper invoice. Eagle shall issue invoices to Eagle upon delivery of the Products by
the common carrier to District, either at a designated District facility or at such other place as
may be designated by District. All payments due hereunder shall be payable upon receipt, without
right of set-off or deduction of damages, at Eagle's address set forth in this Agreement. District
shall pay interest at the rate of one and one half percent (1.5%) per month or the maximum rate
permitted by law, whichever less, on all amounts not paid within thirty (30) days from the invoice
date.
A proper invoice shall include the following information: an invoice number assigned by
Eagle, date of invoice; the address to which payment to Eagle is to be remitted; the quantity of
Product(s) delivered; the Product(s) part number(s); applicable unit prices; extended prices
(quantities multiplied by unit prices); Total Invoice Amount (the sum of all extended prices
contained in the invoice); the dates)of shipment for each Product ordered.
4. ORDERS.
To purchase the Product and obtain a license to use the Software resident thereon, the
combination of which comprise the Products, District shall place a written order (hereinafter
"Order") with Eagle. Such Order shall include the following information: date of Order; the
quantity of Product(s) ordered; the Product part number(s); applicable unit prices; extended
prices (quantities multiplied by unit prices); Total Order Amount (the sum of all extended prices
contained in the Order); Delivery Date for each Product ordered; name(s) and telephone
number(s) of the receiver(s) intended by District to accept delivery; name(s) and telephone
number(s) of District's designated carrier; manner of shipment directed by District; address(s) to
which Eagle is directed to deliver the Product(s); notice as to the taxable nature of the sale;
resale certificate number,if any; and signature of District's Authorized Representative.
5. SECURITY INTERESTS AND LIENS
a) District hereby grants Eagle a security interest and lien in the Product together with and including
all substitutes and replacements for, accessions; attachments, and other additions to, and tools, parts and
equipment used in connection with the above property ("Collateral"). The security interest and lien are
given to secure all liabilities of District to Eagle now existing or hereafter incurred, matured or unmatured,
direct or contingent,and any renewals and extensions thereof and substitutions therefore.
b) Upon request of Eagle, District shall execute any security agreement, chattel mortgage, Uniform
Commercial Code ("UCC") financing statement and/or notice of liens pertaining to the Product that Eagle
may require.
c) Any security interest and/or liens granted Eagle by District hereunder shall be in addition to,and not
in lieu of, any other security interest and lien Eagle may have against District at law or equity, including
without limitation,any statutory or constitutional security interest or lien.
d) Any security interest or lien granted pursuant to this paragraph shall be subordinate to any
security interest or lien granted by the District to finance Fiber Network.
17
Amino STB Brochure
18
RCA STB Brochure
19
Eagle STB Brochure
20
EXHIBIT D
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (the "Agreement") is made as of the day March,
2004 by and between EAGLE BROADBAND, INC ("Eagle") and Truckee Donner
Public Utility District ("Truckee") (all of the foregoing referred to individually as "Party"
or collectively as the "Parties").
WHEREAS, the Parties are currently exploring a transaction (the "Transaction") relating
to the purchase and sale of broadband services.
WHEREAS, in order to evaluate the Transaction, the Parties have requested and will
request of each other, and the Parties have provided and will provide to each other,
certain non-public, confidential or proprietary information, which may include existing
agreements with third parties (the "Information").
THEREFORE, in consideration of the receipt by the Parties from each other of such
Information for their mutual benefit in connection with the Transaction, the Parties
hereby agree:
I. The Information will be used solely in connection with the Transaction.
2. Regardless of whether the Transaction is consummated, during the period for
which the obligations set forth in this Agreement are in effect, the Parties will
keep such Information confidential.
3. The Parties will safeguard the Information against disclosure by employing the
same means to protect the Information as it uses to protect its own non-public,
confidential or proprietary information; provided, however, that if a Party
providing the Information requests that the receiving Party employ specific
measures against disclosure (e.g., restrictions on copying), the receiving Party will
agree to be bound by such measures by accepting the Information, provided that
the Party delivering the Information makes such request in writing on or before
the date the Information is provided and identifies with specificity the Information
that is to be subject to such specific measures.
4. No receiving Party shall itself, or permit its employees, consultants or agents at
any time to, use, reveal, report, publish, transfer or otherwise disclose to any
person, corporation or other entity any of the Information without the prior
written consent of the Party providing the Information, except a receiving Party
may distribute the Information, subject to any specific measures directed against
disclosure in Paragraph 3, to responsible board members, officers, employees,
affiliates, subsidiaries, agents and consultants of the receiving Party and those of
its affiliates who have a need for such Information for purposes of evaluating the
Transaction, provided that any disclosure by such board members, officers,
affiliates, subsidiaries, employees, agents or consultants in violation of the
provisions of this Agreement shall be a breach of this Agreement by the recipient
Party.
5. Upon request by the Party providing Information, the Party receiving the
Information shall promptly return such Information and all copies or other
reproductions thereof, and all letters, notes and reports thereof, and all other
21
materials, derived from the Information which are in the receiving Party's control.
The receiving Party agrees to represent in writing to the Party providing the
Information that it has complied with the provisions of this paragraph.
6. No Party providing Information shall be deemed to have made any representation
or warranty in connection with such Information.
7. In the event that any Party receiving the Information becomes legally compelled
(by deposition, interrogatory, request for documents, subpoena, civil investigative
demand or similar process) to disclose any of the Information, the legally
compelled Party shall give the other Party providing the Information with prompt
prior written notice of such requirement so that the providing Party may seek a
protective order or other appropriate remedy and/or waive compliance with the
terms of this Agreement. In the event that such protective order or other remedy
is not obtained, or that the providing Party waives compliance with the terms
hereof,_ the Party legally compelled to disclose the Information agrees to provide
only that limited portion of the Information that it is advised by written opinion of
counsel is legally required and to exercise reasonable efforts to obtain assurance
that confidential treatment will be accorded such Information.
8. The term "Information" does not include any information which (i) at the time of
disclosure or thereafter is generally available to the public (other than as a result
of a disclosure by any Party in violation of this Agreement), (ii) was available to
any Party on a non-confidential basis from a source other than the Party hereto
providing the Information,provided that such source is not and was not known by
the receiving Party to be bound by a confidentiality agreement that protected the
Information (iii) has been independently acquired or developed by any Party
without violating any of its obligations under this Agreement, or, (iv) that is
required to be disclosed pursuant to applicable law.
9. This Agreement shall be interpreted, governed and construed under the laws of
the State of California as if it were executed and to be performed wholly within
the State of California without regard to its conflict of laws principles.
10. The Parties agree that in the event of a breach of this Agreement, the Party
providing the Information shall be entitled to equitable relief, including injunction
and specific performance, in addition to all other remedies available at law or
equity.
11. The Parties' obligations under this Agreement will expire two (2) years from the
date hereof.
12. This Agreement may be executed in counterparts, and each counterpart shall for
all purposes be an original, and all such counterparts shall together constitute one
and the same Agreement.
22
13. This Agreement shall in no way be construed to (i) preclude in any way either
Party from pursuing any business opportunities: (ii) establish any relationship
between the parties with respect to such business opportunities; or (iii) establish
any relationship between the parties with respect to the Transactions that is the
subject of this Agreement.
14. This Agreement (i) may only be amended by both Parties in writing, and (ii)
represents the entire understanding of the Parties with respect to the matters that
are the subject hereof.
IN WITNESS WHEREOF, the Parties have duly executed this Confidentiality
Agreement as of the date first above written.
EAGLE BROADBAND, INC
('Eagle")
By:
Name:
Title:
Dated:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
("Truckee")
By:
Name:
Title:
Dated:
23
Exhibit E—Eagle Equipment List
The following table includes Eagle's current list of equipment and materials that will be located in the
Reno Head-end Facilty and some located in the Distribution Center. This inventory list shall be updated
every year as the system is constructed and as it expands.
Description City
Minerva VC8000 Chassis 8
Full D-1 Encoder Blade for VCBK 45
Demultiplexer Blade for VCBK 22
GigE NIC for VCBK 8
Minerva Middleware Server 4
iTV Mgr Admin Laptop/PC 1
iTV Mgr Middleware Deployment License 1
Oracle 9i License 4
Standard Comm. Analog IRD w/Videocipher Decrypt 22
Standard Comm. Analog IRD 8
Motorola Multi-channel IRD 26
Motorola Single Channel IRD 5
Wegener Single Channel IRD 2
VideoTek Off-Air Demodulator 13
SA PowerVu Multi-channel IRD 5
SA PowerVu Single Channel IRD 8
Simulsat 5 Satellite Dish w/ LNB Array& accessories 1
Off-Air Antenna Array 1
Video Diagnostics Equipment 1
Equipment Rack 72" (4 post, 45 RU) 11
Rack Mount Cable Mgmt 9
APC SmartUPS 2200RM XL NET 11
Misc. Rack Accessories (shelves, brackets, etc...) 1
Misc. Cables, connectors, adapters 1
Extreme Black Diamond 6808 (Configured for Eagle Video Headend) 1
Fortinet 3600 Intrusion Detection System 1
Cisco 7200 Router with DS-3 Blade 1
DNS Servers with Linux OS 2
Web Server with RAID or Detached Network Storage 1
DHCP Server Windows 2000 3
[mail Mail Servers Windows 2000 With Imail Unlimited User License 2
Radius Authentication Server with Linux OS 1
Port Master PM-3 Dial-up Access server 1
24
Exhibit G—Operations
1.0 Personnel Requirements: The following lists of personnel are anticipated to be required by both
Parties to initially implement and operate the Fiber Network
District:
(General Manager 0.3
Telecom Manager 1.0
CSR 1 1.0
SR 2 _- - 1.0
IT Monitoring,SLA, NOC Mgr. 0.5
dministration-(split with PUD yr. 1) 0.5
Field technician- 1.0
IT Manager 0.5
Marketing Advertising Sales(split IP yr 1) i 0.5
Ea le:
Field Tech 1 0.00
Field Tech 2 0.00
Field Tech 3 0.00
Lead Field Tech 4 1.00
NOC CSR 1 1.00
NOC CSR 2 0.00
Billing Clerk/CSR 1,00
Dispatcher 0,00
Head End Video Technician 1,00
Network Engineer I 0.00
Network Engineer II 1.00
Senior Network Engineer 0.00
Senior Video Engineer 0.50
Content Aggregator Coordinator 0.10
Salesman I 0.00
Salesman II 0.00
Protect Manger/GM 1,00
2.0 Operational Support Provided by Eagle:
Eagle Head-end Facility Personnel shall support all video equipment installed within the Eagle Head-end
Facility and District's Distribution Center including the satellite dishes/receivers, IP
encoders/encapsulators, core switches,ISP related switches and/or routers, and any monitoring equipment
used for the system.
25
3.0 Hours of Support
Staff may be scheduled to accommodate specific project times, on call basis, however general hours are as
follows:
• Eagle Truckee Office hours are 8:00 a.m. to 5:00 p.m.Monday—Friday Pacific Time.
• Eagle Truckee Engineers are on duty 8:00 a.m. to 5:00 p.m.Monday—Friday Eagle Truckee Video
Technicians are on duty 8:00 a.m. to 5:00 a.m. Monday—Friday Pacific Time.
• Houston based Network Operation Center staff is on duty 24i7. These hours are maintained 365 days
a year.
26
}Y
Exhibit I
Contract Service Rates
1.0 Standard Hourly Rates
The following table identifies the standard hourly rates for work performed by Eagle for the
District, at the District's written request,that is not within the scope of this Agreement. These
labor rates can be used to support the District's requirements for design and/or fieldwork for
special projects, such as Anchor Tennant in-house network design,video conferencing system
design, distant learning program development, and maintenance of the District's Fiber Network.
Description Rate
Field Tech 1 45.00
Field Tech 2 55.00
Field Tech 3 65.00
Lead Field Tech 4 70.00
Head End Video Technician 75.00
Network Engineer I 85.00
etwork Engineer II 110.00
Senior Network Engineer 125.00
Senior Video Engineer 140.50
roject Manger/GM 140.00
27
l
Eq��LE
101 Courageous Drive
League City,Texas 77573
Phone:(281)538-6000
Toll Free:(800)628-3910
Fax:(281)334-5302
www.eaglebroadband.com Recent information:
Management
Accomplishments
b
DIRECTORS
The Board of Directors currently consists of seven members.
MR. DAVID A. WEISMAN'. Mr. Weisman, age 41, has served as director and chief
executive officer of Eagle Broadband since October 2003 and brings more than 18 years of
senior level management experience with both high-growth startup and established technology
companies to Eagle Broadband, including a wealth of sales/marketing management and turn-
around experience. Most recently he was brought in by the board of directors of Silicon Valley
security software firm IP Dynamics to build and lead sales and marketing organizations where he
successfully launched the company into the enterprise, service provider and government/military
security markets. Before 1P Dynamics, Weisman co-founded and was vice president, sales and
marketing, for Canyon Networks, a telecommunications equipment startup focused on broadband
subscriber services provisioning and management for major telcos and service providers. He was
also vice president, marketing and customer service, for multi-service WAN equipment provider,
ACT Networks, where he led all product management, marketing and customer support activities
until the company's $275 million acquisition by Clarent Corporation. Weisman also co-founded
and served as vice president, sales & marketing, for the commercial broadband networking
company Thomson Enterprise Networks where he was instrumental in winning a $450 million
multi-media, broadband network contract with the British Army and the company's subsequent
acquisition in 1999. Prior to Thomson, he held senior marketing positions at Adaptive
Corporation (acquired in 1994) where he developed and launched the industry's first ATM
network switch and networking company Retix (IPO in 1992). Weisman also founded and was
CEO of a consumer products distribution company, which he grew to $12 million in sales and
subsequently sold in 1987 for $13 million. Weisman also served as a pilot with the United States
Air Force Reserve and saw active combat duty in Central America and Operation Desert Storm.
He holds a B.A. in economics and international relations from U.C.L.A.
DR. H. DEAN CUBLEY. Dr. Cubley, age 62,has served as chairman of the board since
March 1996, as chief executive officer from March 1996 to October 2003, and as president from
March 1996 until September 2001. Before that, Dr. Cubley served as vice-president of Eagle
Telecom, Inc., from 1993 to March 1996. Dr. Cubley is also a member of the Oversight
Committee for the University of Houston Epitaxy Center, which managed the Wake Shield
Flight aboard the Shuttle in September 1995. Dr. Cubley has over 35 years of extensive
experience in the field of telecommunications. From 1965 to 1984, Dr. Cubley worked for the
NASA Manned Spacecraft Center in the Electromagnetic Systems Branch of the Engineering
and Development Directorate. For a five-year portion of that period, Dr. Cubley was the antenna
subsystems manager for all spacecraft antenna systems for the Shuttle Program. Dr. Cubley's
duties included overall responsibility for the design, development, costs schedules and testing of
the antennas and hardware for all Shuttle flights. Throughout his career, Dr. Cubley has authored
or co-authored over fifty publications. In addition, he has a total of ten patents and patents-
pending registered in his name. Dr. Cubley received a bachelor of science degree in electrical
engineering from the University of Texas in 1964 and a masters degree in electrical engineering
from the University of Texas in 1965. In 1970, Dr. Cubley received his Ph.D. in electrical
engineering from the University of Houston.
CHRISTOPHER W. "JAMES" FUTER. Mr. Futer, age 65, has served as a director and
company secretary of Eagle since March 1996 and served as vice president of Eagle from 1996
to July 2002 when he retired. Before that, Mr. Futer served as sales manager of Eagle
Aerospace, Inc.,Telecom Division from November 1994 until February 1996. Mr. Enter's
spectrum of experience has included work in the fields of hi-tech flight simulation and display
technologies (especially those of light emitting diodes and liquid crystal displays) and in
consumer electronics. Most recently,he has been involved in pager design, manufacture and
marketing, as well as the wider field of messaging equipment. His international background
includes work with Hatfield Instrument, Canadian Aviation Electronics (located in Montreal,
Canada), General Instruments, Litronix, and Siemens. In 1975, he was instrumental in
implementing a major "turn-key" technology transfer from Canada to the (then) Soviet Union for
the manufacture of hand-held electronic calculators, an operation which the Soviets then
improved from the consumer level and adapted to suit their particular requirements. Since 1975,
Mr. Futer has had extensive in-depth experience of interfacing with Pacific Rim countries. In
1992 and 1993, he spent time in the People's Republic of China coordinating a successful
technology transfer for one of the first pager manufacturing facilities.
A. L. CLIFFORD. Mr. Clifford, age 59, has served as a director since December 1996.
Mr. Clifford has served as president of Clifford & Associates for over five years, a company
involved in the distribution of electrical and electronic products throughout the Midwest. Mr.
Clifford is a graduate of the University of Miami, where he studied business and attended law
school.
DR. GLENN ALLAN GOERKE. Dr. Goerke, age 72, has served as a director since
March 2000. Dr. Goerke has served as vice president of Edusafe Systems, Inc., since 1996. Dr.
Goerke is president emeritus of the University of Houston and currently serves as a director of
The Institute for the Future of Higher Education. Prior to his current position, Dr. Goerke served
as president of the University of Houston from June 1995 to September 1997, and president of
the University of Houston - Clear Lake from August 1991 to June 1995 and has been associated
with the University of Houston system since 1986. While at the University of Houston, Dr.
Goerke initiated significant international program development with particular focus on Mexico
and Taiwan and received the "Breaking the Mold" award given by the Texas Comptroller's
Office for responsible fiscal planning efforts. Dr. Goerke was named "Manager of the Year" by
the Texas Gulf Coast Council of the National Management Association in 1992. Dr. Goerke
received his Ph.D. in adult and higher education from Michigan State University in 1962. Dr.
Goerke received his M.A. and B.A. degrees from Eastern Michigan University in 1955 and 1952,
respectively.
C. J. (JIM) REINHARTSEN. Mr. Reinhartsen, age 58, has served as director since
November 2002. Mr. Reinhartsen has served as president of the Bay Area Houston Economic
Partnership (BAHEP) since 1993. His accomplishments at BAHEP included initiating a regional
coalition, subsequently expanded to a national level, to support NASA and the aerospace
industry and initiating a successful strategy to diversify the economic profile of the Clear Lake
region. Prior to his association with BAHEP, Mr. Reinhartsen was part of the Grumman
Aerospace management team and established a manufacturing presence with energy companies
the target market. This venture prospered and expanded to $60 million in sales and employed
600 people. His knowledge and long-term relationships with area educational institutions, the
NASA Johnson Space Center, manufacturing, marketing, and economic development bring
valuable knowledge to our company.
LORNE E. PERSONS, JR. Mr. Persons, age 57, has served as director since March 2003.
With over 28 years experience in the insurance industry, Mr. Persons has served as president for
over five years of National Insurance Marketing Corporation, Aurora, Colorado, currently
contracted to National States Insurance Company as a regional sales and recruiting director in a
five-state area. He recruits and manages a sales force of 230 agents and brokers that has proven
to be the second largest producer of life insurance sales within National States Insurance
Company.
OFFICERS
Chief Executive Officer—Dave Weisman
MR. DAVID A. WEISMAN. Mr. Weisman, age 41, has served as director and chief
executive officer of Eagle Broadband since October 2003 and brings more than 18 years of
senior level management experience with both high-growth startup and established technology
companies to Eagle Broadband, including a wealth of sales/marketing management and turn-
around experience. Most recently he was brought in by the board of directors of Silicon Valley
security software firm IP Dynamics to build and lead sales and marketing organizations where he
successfully launched the company into the enterprise, service provider and government/military
security markets. Before IP Dynamics, Weisman co-founded and was vice president, sales and
marketing, for Canyon Networks, a telecommunications equipment startup focused on broadband
subscriber services provisioning and management for major telcos and service providers. He was
also vice president, marketing and customer service, for multi-service WAN equipment provider,
ACT Networks, where he led all product management, marketing and customer support activities
until the company's S275 million acquisition by Clarent Corporation. Weisman also co-founded
and served as vice president, sales & marketing, for the commercial broadband networking
company Thomson Enterprise Networks where he was instrumental in winning a $450 million
multi-media, broadband network contract with the British Army and the company's subsequent
acquisition in 1999. Prior to Thomson, he held senior marketing positions at Adaptive
Corporation (acquired in 1994) where he developed and launched the industry's first ATM
network switch and networking company Retix (IPO in 1992). Weisman also founded and was
CEO of a consumer products distribution company, which he grew to S 12 million in sales and
subsequently sold in 1987 for $13 million. Weisman also served as a pilot with the United States
Air Force Reserve and saw active combat duty in Central America and Operation Desert Storm.
He holds a B.A. in economics and international relations from U.C.L.A.
Vice President Marketing—Randy Shapiro
Randy has more than 17 years of sales, business development and marketing management
experience in telecommunications, networking, enterprise software and services with both
startup and established technology companies. At Eagle, he is responsible for worldwide
marketing responsibility and making sure that Eagle's sales and support teams have the right
products and services and the necessary tools and resources to fully meet the needs of Eagle's
customers. Prior to joining Eagle, Randy was responsible for all marketing functions at security
software startup IP Dynamics. Before IP Dynamics, he managed overall marketing functions for
Canyon Networks, a telecommunications equipment startup focused on subscriber services
provisioning and management for major telcos. Randy also was Director, Product Marketing for
Thomson Enterprise Networks where he formulated the company's sales/marketing strategies
and launched a next-generation ATM switch product line which led to a $450 million multi-
media network contract win with the British Army and the division's acquisition by Thomson-
SA. Randy also was Director, Marketing and Business Development at technology training and
marketing services company, Wave Technologies, where he led the marketing and business
development efforts for the company's marketing services division. Randy also held senior sales
and marketing management positions with enterprise software companies Novasoft Systems and
Metaphor Computer Systems as well as IBM Corporation. He holds a B.S. in Business &
Marketing from the University of Arizona.
Chief Technology Officer—Dr. H. Dean Cubley
DR. H. DEAN CUBLEY. Dr. Cubley, age 62,has served as chairman of the board since
March 1996, as chief executive officer from March 1996 to October 2003, and as president from
March 1996 until September 2001. Before that, Dr. Cubley served as vice-president of Eagle
Telecom, Inc., from 1993 to March 1996. Dr. Cubley is also a member of the Oversight
Committee for the University of Houston Epitaxy Center, which managed the Wake Shield
Flight aboard the Shuttle in September 1995. Dr. Cubley has over 35 years of extensive
experience in the field of telecommunications. From 1965 to 1984, Dr. Cubley worked for the
NASA Manned Spacecraft Center in the Electromagnetic Systems Branch of the Engineering
and Development Directorate. For a five-year portion of that period, Dr. Cubley was the antenna
subsystems manager for all spacecraft antenna systems for the Shuttle Program. Dr. Cubley's
duties included overall responsibility for the design, development, costs schedules and testing of
the antennas and hardware for all Shuttle flights. Throughout his career, Dr. Cubley has authored
or co-authored over fifty publications. In addition, he has a total of ten patents and patents-
pending registered in his name. Dr. Cubley received a bachelor of science degree in electrical
engineering from the University of Texas in 1964 and a masters degree in electrical engineering
from the University of Texas in 1965. In 1970, Dr. Cubley received his Ph.D. in electrical
engineering from the University of Houston.
Chief Financial Officer—Richard R. Royall.
RICHARD R. ROYALL has served as chief financial officer since March 1996. Mr.
Royall has been a certified public accountant since 1971. From 1971 to 1976, Mr. Royall was
employed with Haskins & Sells, Laventhol & Horwath (a partner from 1976 to 1986), and
Bracken, Krutilek & Royall (1986). In 1986, Mr. Royall practiced accounting as a sole
proprietor. Since 1987, Mr. Royall has been a partner in Royall &Fleschler, certified public
accountants. In addition, Mr. Royall serves as financial officer and director of companies
operating in the finance and chemical industries, including Fleetclean Systems, Inc., none of
which are affiliated with Eagle.
ClareenO'Quinn Ronnie Welch
Investor Relations CWR&Partners
Eagle Broadband 508-222-4802
800-628-3910 ronnie2,cwrpartners.com
281-538-6000
co�com
FOR IMMEDIATE RELEASE:
Eagle Broadband Strengthens Management Team with Appointment of New
General Manager of Security and Financial Services
Don Bresina to run Eagle's security business and lead company's financing,
strategic investments, mergers and acquisitions
LEAGUE CITY,Texas --February 17, 2004-- Eagle Broadband (AMEX: EAG), a leading provider of
broadband and communications products and services, announced today the appointment of Don Bresina,
formerly with Koch Industries and Crocker National Bank, as General Manager of Security and Financial
Services, effective immediately.
In this newly created position, Bresina will report directly to CEO Dave Weisman and will be responsible for
leading Eagle's security division, the company's strategic business investment and M &A activities as well
as assisting Eagle's broadband customers with their financing needs. In managing Eagle's security
business, strategic investments and financial services functions, his responsibilities will include:
• Full profit-and-loss responsibility for Eagle's security business with a focus on rapidly growing
subscribers nationwide (both standalone and as part of our"four-play"suite of Bundled Digital voice,
video, high-speed data and security services).
• Evaluating, structuring and financing strategic investment, mergers and acquisition opportunities that
can drive short-and long-term revenue and earnings growth.
• Assisting Eagle's broadband municipality, utility district, real estate developer and hospitality customers
with a comprehensive range of public and private financing, underwriting and leasing services.
"Don brings a truly unique combination of senior executive management, financing and strategic
investment experience to Eagle Broadband,"said Dave Weisman, Chief Executive Officer, Eagle
Broadband. "He has a proven track record of growing businesses and creating value for investors and
shareholders. With a blue chip public and private sector client list, deep investment banking relationships,
access to a myriad of capital sources and the knowledge and experience to structure and close innovative
accretive transactions, he brings a range of strategic capabilities to Eagle enabling us to better meet
customer needs and achieve our aggressive revenue and profit goals."
"I have been very impressed with Eagle's vision,their team and industry-leading capabilities and am very
excited about joining the company,"said Bresina. "Eagle has gained tremendous momentum and is in a
unique position to capitalize on its strong partnerships and highly competitive product portfolio. I look
forward to working with Dave and the entire Eagle team to fully capitalize on the company's terrific market
opportunities," Bresina added.
Bresina brings more than 25 years of proven executive management and financial experience growing and
operating businesses in telecommunications, electronic security, energy, merchant banking, public and
private financing, and equipment leasing. He has led or participated in transactions totaling more than $5
billion. Bresina currently leads a private investment group, Sweetwater Ventures, LLC, focusing on
strategic investments in electronic alarm monitoring and will continue to serve as its Chairman.
Sweetwater has made five acquisitions in the past 18 months, growing to one of the top 50(out of more
than 14,000) alarm companies in the U.S.
Prior to Sweetwater, Bresina held senior executive positions at Koch Industries, Inc., a $35 billion private
energy and commodity trading company which served large consumers of natural gas and power. While at
Koch he developed commodity-based trading, hedging and asset optimization strategies for industrial
customers, investor-owned and municipal utilities and cooperatives. Bresina-led investments included
profitable ventures in energy development and technology and specialty finance and he also managed a
$255 million private equity investment fund. He served on the boards of directors of several portfolio
investments, as Executive Vice President of$2 billion Koch Energy, Inc.; as President of Koch Industrial &
Utility Services, Inc., and as Managing Director of Koch Ventures, Inc.
Bresina also was President and founder of Public Leasing Corporation which provided financing and
leasing services for state and local governments, municipalities, public utilities and educational institutions.
At Public Leasing, he led more than 15 equity investments and more than 100 debt transactions. Public
Leasing was also was selected as a joint marketing partner by Pacific Bell to provide financing to state and
local governments for telecommunications services. While at Public Leasing, he developed an innovative
approach to the securitization of telecommunications services as an emerging securitization asset class by
issuing Centrex contract-backed bonds and assisted a number of California state and local governments
with a range of financing needs. Bresina was also President of R.H. Moulton an underwriter of municipal
and government securities which he grew to become the nation's 10 largest underwriter of multifamily
housing bonds. Bresina also was Vice President/Manager of the Capital Markets division at Crocker
National Bank where he led the municipal and U.S. government bond trading department.
Bresina holds a B.S. in Business Administration and Accounting from the University of Kansas.
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise management
products and services. Eagle's exclusive"four-play'suite of very high-speed Internet, cable TV/video,
voice and security monitoring Bundled Digital Services (BDSsm), HDTV-ready multimedia set-top boxes,
and turnkey suite of financing, network design, deployment and operational services enables municipalities,
real estate developers, hotels, multi-tenant owners and service providers to deliver exceptional value,
state-of-the-art entertainment and communications choices and single-bill convenience to their residential
and business customers. Eagle has extensive"last mile"cable and fiber installation capabilities and
provides complete IT business integration and enterprise management solutions including network security,
intrusion detection, anti-virus protection, managed firewall and content filtering to Fortune 1000 companies.
Eagle also markets the Orb' Phone Exchange non-line-of-sight communications system that provides true
"total" global voice and data communications services through the Iridium Satellite constellation to Fortune
1000 enterprises, commercial aviation, government, military and homeland security customers. The
company is headquartered in League City, Texas, south of Houston, near the NASA Johnson Space
Center. For more information, please visit www.eaglebroadband.com or call 281-538-6000.
Forward-looking statements in this release regarding Eagle Broadband, inc., and its subsidiaries are made
pursuant to the "safe harbor"provisions of the Private Securities Litigation Reform Act of 1995, investors
are cautioned that such forward-looking statements involve risks and uncertainties, including, without
limitation, continued acceptance of the company's products, increased levels of competition, new products
and technological changes, the company's dependence upon third-party suppliers, intellectual property
rights, and other risks detailed from time to time in the company's periodic reports filed with the Securities
and Exchange Commission.
r
Clareen O'Quinn Ronnie Welch
f Investor Relations CwR&Partners
Eagle Broadband 505 222-4802
800 628-3910 onnmta cmmar ners.com
281 538-6000
Coyuinn a.eabb com
FOR IMMEDIATE RELEASE:
Eagle Broadband Receives New Orders for Advanced Set-Top Boxes from General
Dynamics Interactive for Three Premier Hotel Properties
Orders Demonstrate Increased Demand& Customer Acceptance for Company's Standard and High
Definition Multimedia & Entertainment Hardware and Software Product Portfolio
LEAGUE CITY, Texas — February 12, 2004 -- Eagle Broadband, Inc. (AMEX: EAG), a leading provider
of broadband and communications products and services, announced today that General Dynamics
Interactive, a leading provider of interactive in-room digital entertainment and information systems for the
hospitality industry, has awarded the company approximately$700,000 in orders for Eagle's advanced,
IF multimedia set-top box hardware, software and integration services.
General Dynamics Interactive is using Eagle's IP digital set-top box hardware and software with their
Intrigue°Multimedia System to deliver a wide range of higher quality, in-room, revenue-generating
information and entertainment services for properties at two premier global hotel brands including the
world-class five-star Mandarin Oriental Hotels and award winning Intercontinental Hotels. These
deployments of Eagle's exclusive technology in more than 1,100 hotel rooms are enabling these
hospitality customers to deliver high-demand interactive multimedia services that can maximize
occupancy rates and revenues, provide a unique competitive advantage and deliver a truly memorable
guest experience.
Eagle's advanced Media Pro set-top box, either standalone or combined with the company's EZ-Magic
software, is an ideal solution that delivers a complete set of extremely high-quality multimedia and
entertainment functions that can generate higher-margin revenues for hotel and casino owners,
hospitals, apartment/condominium owners, municipalities, real estate developers and schools.
The advanced Media Pro set-top box is a highly reliable full-function computer with a very small footprint
and an extremely quiet, guest-friendly, fan-less design that enables a host of on-demand applications
including high-speed Internet access, streaming video, superior digital audio/music, video-on-demand,
3D gaming, video conferencing and more. In addition, Eagle's customizable EZ-Magic middleware
software platform delivers stunning high definition streaming video, improved digital audio, easier
navigation of hotel and community services (i.e., concierge, local restaurants and events, etc.), advanced
content and system security and support for a wide variety of hardware platforms.
Dave Weisman, CEO of Eagle Broadband, commented, "These recent orders from General Dynamics
reinforce the value and growing demand for our industry-leading set-top box product portfolio. We are
delighted to have been selected by such renowned, world-class hotel properties. We look forward to the
opportunity to deliver similar benefits and more profitable services to additional Mandarin Oriental Hotel
Group and Intercontinental Hotel properties in the future."
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise management
products and services. Eagle's exclusive "four-play' suite of very high-speed Internet, cable TV/video,
voice and security monitoring Bundled Digital Services (BDSSm), HDTV-ready multimedia set-top boxes,
and turnkey suite of financing, network design, deployment and operational services enables
municipalities, real estate developers, hotels, multi-tenant owners and service providers to deliver
exceptional value, state-of-the-art entertainment and communications choices and single-bill
convenience to their residential and business customers. Eagle has extensive "last mile" cable and fiber
installation capabilities and provides complete IT business integration and enterprise management
solutions including network security, intrusion detection, anti-virus protection, managed firewall and
content filtering to Fortune 1000 companies. Eagle also markets the Orb' Phone Exchange non-line-of-
sight communications system that provides true "total" global voice and data communications services
through the Iridium Satellite constellation to Fortune 1000 enterprises, commercial aviation, government,
military and homeland security customers. The company is headquartered in League City, Texas, south
of Houston, near the NASA Johnson Space Center. For more information, please visit
www.eaglebroadband.com or call 281-538-6000.
Forward-looking statements in this release regarding Eagle Broadband Inc., its subsidiaries, and General
Dynamics Interactive are made pursuant to the "safe harbor"provisions of the private Securities Litigation
Reform Act of1995. Investors are cautioned that such forward-looking statements involve risks and uncertainties,
including, without limitation, continued acceptance of the company's products, increased levels of competition, new
products and technological changes, the company's dependence upon third-party suppliers, intellectual property
rights, and other risks detailedfrom time to time in the cornpanv'speriodic reporisftled with the Securities and
Exchange Commission.
FOR IMMEDIATE RELEASE:
IBM and Eagle Broadband Team to Deliver Community-Wide, Fiber-to-the-User
Broadband Networks and Services
Partnership to Benefit Municipality, Utility District, Business, Education, Healthcare and
Residential Customers
ARMONK, N.Y., and LEAGUE CITY, Texas—February10, 2004— IBM Corporation and Eagle Broadband, Inc.
(AMEX: EAG), a leading provider of broadband and communications products and services, today announced they
have signed a joint marketing agreement to design, build and operate state-of-the-art, fiber-based broadband
networks and deliver an exclusive "four-play"of the most advanced bundled digital services (voice, video, data and
security), video content and multimedia set-top box technology to communities nationwide.
Under the terms of the agreement, IBM and Eagle will combine their collective knowledge, expertise and
capabilities to meet communities' needs to deliver more advanced broadband and communications services to their
residents, schools, hospitals and businesses. The companies will work together to help municipalities lower costs
and accelerate the delivery of bundled digital services that can improve competitiveness, stimulate economic
growth and development, attract businesses and residents, create jobs and improve quality of life. The broadband
fiber networks the companies will make possible will provide high-quality communications services, greater value,
increased choice and single-bill convenience to community members.
Capitalizing on IBM's leadership in providing comprehensive technology, consulting, systems integration and
project management services and solutions to government, education, healthcare and businesses and Eagle's
proven experience designing, building and operating fiber-based broadband networks, the relationship will enable
the companies to better meet the rapidly growing demand from cities and towns interested in deploying their own
advanced, community-wide broadband infrastructure.
"We have seen a significant increase in demand from our municipal customers looking for help deploying their own
broadband networks," said Victor Ferreira, IBM Government Industry Executive. "Eagle's Fiber-to-the-User
broadband experience, technology and services, combined with IBM's government experience, technology,
consulting and integration services, provide a comprehensive solution for municipal customers who want to deliver
better services to their communities and realize the productivity, economic growth and quality-of-life improvements
they provide."
Dave Weisman, CEO of Eagle Broadband, commented, "This alliance with IBM allows Eagle Broadband to better
serve municipal and utility district customers with best-of-breed, turn-key broadband solutions. From financing to
design, to building and operating their fiber broadband networks, IBM and Eagle together provide the industry's
most robust, end-to-end broadband technology and services solutions."
About IBM Global Services
IBM Global Services is the world's largest information technology services and consulting provider, generating
record revenue and signings in 2003 of$42 billion and $55.5 billion, respectively, Some 180,000 professionals in
more than 160 countries help clients integrate information technology with business value--from the business
transformation and industry expertise of IBM Business Consulting Services to hosting, infrastructure,technology
design and training services. Leveraging IBM's unequalled scope and scale, IBM Global Services delivers
integrated,flexible and resilient processes--across companies and through business partners --that enable clients
to benefit from the on demand business model by saving money and transforming their businesses to be more
competitive. For more information, visit www.ibm.com/services.
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise management products
and services. Eagle's exclusive"four-play" suite of very high-speed Internet, cable TV/video, voice and security
monitoring Bundled Digital Services(BDSsm), HDTV-ready multimedia set-top boxes, and turnkey suite of financing,
network design, deployment and operational services enables municipalities, real estate developers, hotels, multi-
tenant owners and service providers to deliver exceptional value, state-of-the-art entertainment and
communications choices and single-bill convenience to their residential and business customers. Eagle has
extensive "last mile"cable and fiber installation capabilities and provides complete IT business integration and
enterprise management solutions including network security, intrusion detection, anti-virus protection, managed
frewall and content filtering to Fortune 1000 companies. Eagle also markets the Orb' Phone Exchange non-line-of-
sight communications system that provides true "total"global voice and data communications services through the
Iridium Satellite constellation to Fortune 1000 enterprises, commercial aviation, government, military and homeland
security customers. The company is headquartered in League City, Texas, south of Houston, near the NASA
Johnson Space Center. For more information, please visit www.eaglebroadband.com or call 281-538-6000.
Forward-looking statements in this release regarding Eagle Broadband, Inc., its subsidiaries, and IBM Corporation
are made pursuant to the "safe harbor'provisions of the Private Securities Litigation Reform Act of 1995. Investors
are cautioned that such forward-looking statements involve risks and uncertainties, including, without limitation,
continued acceptance of the company's products, increased levels of competition, new products and technological
changes, the company's dependence upon third-party suppliers, intellectual property rights, and other risks detailed
from time to time in the company's periodic reports filed with the Securities and Exchange Commission.
Press Contacts:
Eagle Broadband:
Clareen O'Quinn
Investor Relations
Eagle Broadband
800-628-3910
281-538-6000
coguinn(a)egbb.com
Ronnie Welch
CWR & Partners
508-222-4802
ronnieCa7cwrpartners.com
IBM:
John Buscemi
Media Relations Manager,
IBM Global Services
914-766-4495
ibuscemi(o)us.ibm,com
f
IL
FOR IMMEDIATE RELEASE
Eagle Broadband Signs Distribution Agreement with SAIC for Orb' Phone
Exchange Global Satellite Voice and Data Communications Solution
Multi-Year Agreement Lxpands Access to Key Government, Military, Homeland
Security& Commercial Customers Seeking Lower-Cost, Non-Line-of-Sight Satellite
Con:munieations Services
SAN DIEGO, Calif. & LEAGUE CITY, Texas—January 20,2004 — Eagle Broadband, Inc.
(AMEX:EAG), a leading supplier of broadband and communications products and services, announced
today that Science Applications International Corporation (SAIC) has signed a distribution agreement
to sell Eagle's Orb' Phone Exchange satellite communications platform to government, military,
homeland security and commercial customers worldwide.
Eagle's Orb' Phone Exchange technology leverages global satellite communication networks, such as
Globalstar and Iridium, to deliver critical voice and data services for multiple concurrent users in non-
line-of-sight operating environments, such as within buildings, aircraft, ships, dense metropolitan
areas, and remote/underground locations. The technology provides worldwide communications
coverage that can greatly enhance user productivity, mobility,problem solving, field-to-headquarters
collaboration, and emergency backup/response for a wide range of mission-critical and everyday
communications applications. The platform is ideally suited for areas where voice and data
communication service is not traditionally available and mobility, flexibility, and reliability are
essential.
The agreement grants SAIC non-exclusive distribution rights for the Orb' Phone Exchange in both
domestic and international markets and establishes a framework for marketing and selling, solution
bundling,product enhancements, and business development. In addition, SAIC will be designated as
an Eagle Broadband Preferred Communication Solutions associate,which gives SAIC access to
custom development services,project financing, expedited product delivery, and comprehensive
market development resources.
"The Orb' Phone Exchange enables SAIC to expand its position in communications systems and
technologies thus satisfying a broader range of critical customer communications needs," said Eric
Kaiser, SAIC corporate vice president, software and communications systems. "We see many
applications for this exciting new technology and look forward to working closely with Eagle
Broadband to make the Orb' Phone Exchange available to our military, government and commercial
customers worldwide."
"SAIC is a great company with very deep relationships with some of the most sophisticated and
respected communications users in the world," said Dave Weisman, chief executive officer, Eagle
Broadband. "We view this relationship as a great opportunity to extend the addressable markets for the
Orb' Phone Exchange platform. We look forward to working closely with SAIC to deliver quality non-
line-of-sight communication capabilities to their demanding customer base."
About SAIC
SAIL is the nation's largest employee-owned research and engineering company,providing
information technology, systems integration and eSolutions to commercial and government customers.
SAIC engineers and scientists work to solve complex technical problems in national and homeland
security, energy, the environment, space, telecommunications, health care, transportation and logistics.
With annual revenues of S5.9 billion, SAIC and its subsidiaries, including Teleordia Technologies,
have more than 42,000 employees at offices in more than 150 cities worldwide. More information
about SAIC can be found at www.saie.con.
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise
management products and services. Eagle's exclusive "four-play" suite of very high-speed Internet,
cable TV/video, voice and security monitoring Bundled Digital Services (BDSsm), HDTV-ready
multimedia set-top boxes, and turnkey suite of financing, network design, deployment and operational
services enable municipalities, real estate developers, hotels, multi-tenant owners and service providers
to deliver exceptional value, state-of-the-art entertainment and communications choices and single-bill
convenience to their residential and business customers. Eagle has extensive "last mile"cable and
fiber installation capabilities and provides complete IT business integration and enterprise management
solutions including network security, intrusion detection, anti-virus protection, managed firewall and
content filtering to Fortune 1000 companies. Eagle also markets the Orb' Phone Exchange non-line-
of-sight communications system that provides true "total" global voice and data communications
services through the Iridium Satellite constellation to Fortune 1000 enterprises, commercial aviation,
government, military and homeland security customers. The company is headquartered in League
City, Texas, south of Houston, near the NASA Johnson Space Center. For more information, please
visit www.eaglebi-oadbaiid.com or call 281-538-6000.
Forward-looking statements in this release are made pursuant to the 'safe harbor"provisions m(the Private
Securities Litigation Reform Act of 1995. Investors are cautioned that such forward-looking statements involve
risks and uncertainties, including, without limitation, continued acceptance of the company's products,
increased levels of competition, new products and technological changes, the company's dependence upon
third parry suppliers, intellectual property rights, and other risks detailed from time to time in the company's
periodic reports filed with the Securities and Exchange Commission.
Press Contacts:
SAIC
Ron Zollars
(858) 826-7896
zollarsr@saic.com
Faille Broadband
Clareen O'Quinn
Investor Relations
Eagle Broadband
800-628-3910
281-538-6000
coquinn ue[bb.com
Ronnie Welch
CWR&Partners
508-222-4802
ronnie dcwmartners.eom
Clareen O'Quinn Ronnie Welch
Investor Relations CWR&Partners
Eagle Broadband 508-222-4802
800-628-3910 ronnieCa'cwmartners.com
281-538-6000
coquinnrci!eebb.com
FOR IMMEDIATE RELEASE:
Eagle Broadband First Quarter Results Reflect Accelerating Momentum and
Sequential Quarterly Revenue Growth
Recent Restructuring Yields Strengthened Balance Sheet,Improved Margins and Dramatically
Improved Cash Position
LEAGUE CITY, Texas—January 14, 2004 --Eagle Broadband, Inc. (AMEX: EAG), a leading provider of
broadband and communications products and services, announced today that the company has filed its Form 10-Q
with the Securities and Exchange Commission reporting results for the company's first quarter 2004 ended
November 30, 2003.
Revenues for the first quarter were approximately$2.4 million, which represents a sequential quarter-to-quarter
increase of 16%, compared to revenues of approximately$2.1 million in the quarter ending August 30, 2003.
Revenues from the same quarter last year were $4.6M, a decrease of 48%, primarily attributable to discontinuing
sales of low-margin commodity computer products and a decline in structured wiring sales as the company
continues its shift to higher-margin product sales(i.e., Orb' Phone Exchange, set-top boxes, etc.)and recurring
services sales (i.e., voice, video, data and security services, etc.).
Overall, the company posted a net loss of$8.5 million versus a net loss of$831,000 in the same period a year ago.
The net loss included non-cash interest and depreciation charges of$7.7 million resulting in EBITDA of negative
$767,000. The company's net cash used by operating activities for the entire quarter declined to $490,000 from the
same period in fiscal year 2003.
Dave Weisman, CEO of Eagle Broadband, commented, "When I started as CEO in October 2003, I said we would
focus on fully meeting customer needs in order to drive profitable revenue growth. I am very encouraged by the
results of our first fiscal quarter which demonstrate that our recent restructuring and increased sales focus is
starting to pay off. During the quarter we grew our core bundled digital services revenues, announced key new
channel partners and further reduced our liabilities. We believe that the steps we have taken to improve our
execution and financial performance sets the stage for further improvements over the remainder of our 2004 fiscal
year."
Weisman added, "We have the products and services,for the right markets at the right time. Our core bundled
digital voice, video, data and security services, along with our new Orb' Phone Exchange satellite communications
platform and our HDTV set-top boxes should be key growth engines in the coming quarters. We are continuing to
grow our sales pipelines and remain focused on delivering profitable revenue growth."
Key operational and financial highlights for the quarter included:
• 16% quarter-over-quarter revenue growth (Q4 2003 to Q1 2004).
• 132%growth in core bundled digital services revenues (Q1 2004 compared to 01 2003).
• 197% improvement in cash position from $2.5 million at 8/31/03 to$7.5 million at 11/30/03.
• Increase in gross margins from 43% to 46% (Q1 2004 compared to Q1 2003),
• Substantial reductions in litigation outstanding and other liabilities.
• The company's net cash used by operating activities for the entire quarter declined to $490,000 from the
same period in fiscal year 2003, despite cash used to finance working capital increases for receivables and
inventory required to grow the business.
• Implementation of a major restructuring plan which began on 10/1/03 to streamline the organization, reduce
costs and invest in key businesses to drive profitable revenue growth.
• New financing and completion of a $10.6 million bond offering ($3.9 million of which was raised in the fiscal
2004 first quarter) providing capital needed to reduce liabilities and invest in key businesses.
• Addition of key management personnel including a new CEO and Vice President of Marketing.
• New contract awards from key customers including Truckee Donner Public Utility District, Lake Las Vegas
and North Peak Construction.
• Launch of our new Orb' Phone Exchange satellite communications platform and signing General Dynamics
as a key distribution partner.
• Launch of our new HDTV multimedia set-top box and software platform for broadband and hospitality
markets.
Eagle Broadband will be hosting a conference call on Tuesday, January 20, 2004 at 4:00 p.m. EST to discuss the
first quarter results and update Eagle shareholders on recent progress in executing the company's new business
plan and positive new company developments. Participants will be able to gain access via the Internet or by dialing
in to a conference bridge. Specific instructions on how to access the call will be posted on the Investor Relations
section of the Eagle Broadband web site at http://www.eaglebroadband.com/investor/investor.htm on Friday,
January 16, 2004.
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise management products
and services. Eagle's exclusive"four-play'suite of very high-speed Internet, cable TV/video, voice and security
monitoring Bundled Digital Services (BDSsm), HDTV-ready multimedia set-top boxes, and turnkey suite of financing,
network design, deployment and operational services enable municipalities, real estate developers, hotels, multi-
tenant owners and service providers to deliver exceptional value, state-of-the-art entertainment and
communications choices and single-bill convenience to their residential and business customers. Eagle has
extensive "last mile"cable and fiber installation capabilities and provides complete IT business integration and
enterprise management solutions including network security, intrusion detection, anti-virus protection, managed
firewall and content filtering to Fortune 1000 companies. Eagle also markets the Orb' Phone Exchange non-line-of-
sight communications system that provides true "total"global voice and data communications services through the
Iridium Satellite constellation to Fortune 1000 enterprises, commercial aviation, government, military and homeland
security customers. The company is headquartered in League City, Texas, south of Houston, near the NASA
Johnson Space Center. For more information, please visit www.eaalebroadband.com or call 281-538-6000.
Forward-looking statements in this release regarding Eagle Broadband, Inc., and its subsidiaries are made
pursuant to the "safe harbor"provisions of the Private Securities Litigation Reform Act of 1995. Investors are
cautioned that such forward-looking statements involve risks and uncertainties, including, without limitation,
continued acceptance of the company's products, increased levels of competition, new products and technological
changes, the company's dependence upon third-party suppliers, intellectual property rights, and other risks detailed
from time to time in the company's periodic reports filed with the Securities and Exchange Commission.
#tfl#
Clareen O'Quinn Ronnie Welch
Investor Relations CW R&Partners
Eagle Broadband 508 222-4802
800 628 3910 ronnie cwr.artners.com
281-538 6000
wguinn/�
FOR IMMEDIATE RELEASE:
Eagle Broadband Reports Fiscal Year 2003 Results
Cost Reductions, Strategic Investments and Shift to Higher-Margin Product Sales and Recurring
Services Revenues Positions Company for Revenue Growth in 2004
LEAGUE CITY, Texas -- December 9, 2003 -- Eagle Broadband, Inc. (AMEX: EAG), a leading provider
of broadband and communications products and services, announced today that the company has filed
its Form 10-K with the Securities and Exchange Commission reporting results for the fiscal year ended
August 31, 2003.
The results reflect extensive restructuring and cost reduction efforts during the September 1, 2002, to
August 31, 2003, reporting period as well as continued investment in key, higher-margin business
segments including Eagle's broadband Bundled Digital Services (Internet, video, voice and security)for
residential and business customers, HDTV-ready multimedia set top boxes for hospitality and broadband
customers and Orb' Phone Exchange satellite voice and data communications products for military,
government and commercial customers.
For the fiscal year ended August 31, 2003, the company reported total revenues of$11.6 million, down
$18.2 million or 61% from $29.8 million in the same period last year. The decline in revenues is primarily
attributable to the discontinuance of direct sales of low-margin commodity computer products and a
decline in structured wiring revenues as the company continues its previously announced strategy to shift
its focus to higher-margin product sales (i.e., set-top boxes, Orb' Phone Exchange, etc.) and recurring
services revenues (i.e., broadband services, network monitoring/security, IT managed services, etc.).
For the full year, Eagle incurred a net loss of$33.7 million, versus a net loss of$36.8 million, an
improvement of 9% over the same period last year. Primary and fully diluted losses per share both
totaled $0.35. The net loss for FY2003 included a non-cash write-down of$7.6 million associated with
the impairment of certain equipment and intangible assets, $10.7 million for increases in accrued
expenses and write-downs associated with restructured and discontinued operations of unprofitable
business units, litigation settlement costs, bad debt expense, settlement of various supplier payment
obligations and $4.3 million in expenses for services and interest expense on various financings.
As of August 31, 2003, cash and cash equivalents totaled $2.5 million, total assets were $121 million and
shareholders' equity was $102 million.
Dave Weisman, CEO of Eagle Broadband, commented, "2003 was clearly a transition year for Eagle
Broadband. The company made the difficult decision to restructure and write-down non-performing
assets and will aggressively contain costs. Eagle responded to changing market conditions, revamped its
business model and re-focused on new, high-growth markets. The company is executing on its revised
strategy focused on higher-margin products and services which began in 2002. The restructuring and
investments made in 2003 provide the company with a solid financial foundation to move forward."
Weisman added, "With a strong set of unique assets, including our exclusive Orb' Phone Exchange and
HDTV set-top boxes, an improved balance sheet with very little long-term debt, highly skilled and
dedicated employees and partners and a focused business plan, I believe that the 'new' Eagle is in the
best possible position to meet the needs of our customers, profitably grow revenues and maximize
shareholder value."
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise management
products and services. Eagle's exclusive "four-play' suite of very high-speed Internet, cable TV/video,
voice and security monitoring Bundled Digital Services (BDS`A-0), HDTV-ready multimedia set-top boxes,
and turnkey suite of financing, network design, deployment and operational services enables
municipalities, real estate developers, hotels, multi-tenant owners and service providers to deliver
exceptional value, state-of-the-art entertainment and communications choices and single-bill
convenience to their residential and business customers. Eagle has extensive "last mile" cable and fiber
installation capabilities and provides complete IT business integration and enterprise management
solutions including network security, intrusion detection, anti-virus protection, managed firewall and
content filtering to Fortune 1000 companies. Eagle also markets the Orb' Phone Exchange non-line-of-
sight communications system that provides true "total" global voice and data communications services
through the Iridium Satellite constellation to Fortune 1000 enterprises, commercial aviation, government,
military and homeland security customers. The company is headquartered in League City, Texas, south
of Houston, near the NASA Johnson Space Center. For more information, please visit
www.eagebroadband.com or call 281-538-6000.
Forward-looking statements in this release regarding Eagle Broadband, Inc., and its subsidiaries are
made pursuant to the "safe harbor"provisions of the Private Securities Litigation Reform Act of 1995.
investors are cautioned that such forward-looking statements involve risks and uncertainties, including,
without limitation, continued acceptance of the company's products, increased levels of competition, new
products and technological changes, the company's dependence upon third-party suppliers, intellectual
property rights, and other risks detailed from time to time in the company's periodic reports filed with the
Securities and Exchange Commission.
f;�#
Clareen O'Quinn Ronnie Welch
Investor Relations CWR&Partners
Eagle Broadband 508-222-4802
8006283910 rcmn�c�iat��irtne».cmn
281 538 6000
cogmnn u e-bb coin
FOR IMMEDIATE RELEASE:
Eagle Broadband Completes $10.6 Million Bond Offering
Successful Financing Enables Company to Accelerate Growth Plans & Further Strengthens
Company's Financial Position
LEAGUE CITY, Texas --December 4, 2003 -- Eagle Broadband, Inc. (AMEX: EAG), a leading provider of
broadband and communications products and services, announced today that the company has successfully
completed a $10.6 million Q-series bond offering.
The net proceeds from the private convertible offering totaled $10.6 million, approximately $7 million of which has
been raised in the last 120 days. The company is using the proceeds to accelerate the company's expansion plans,
reduce accounts payables, settle a number of outstanding lawsuits and improve the company's balance sheet,
cash position and liquidity. The funds raised from this Q-bond offering are in addition to the previous financing
announced on August 26, 2003.
The company has been selling this private offering to accredited investors over the past year but most of the
purchases have occurred recently with the appreciation of the Eagle Broadband stock price. The five-year Q-bond
is convertible into Eagle common stock only during the first year at the option of the purchaser based on a trailing
thirty-day average stock price at the bond purchase date.
Dave Weisman, CEO of Eagle Broadband, commented, "We are very pleased with the extremely favorable
response to our Q-bond offering from both new and existing shareholders. The continued strong support from
investors has enabled Eagle to continue to invest in key business segments and execute on our strategic business
plan which includes ensuring Eagle has the necessary funds to grow and expand in order to accelerate revenue
growth and maximize shareholder value."
Key areas the company is continuing to invest in include:
• Eagle's turnkey suite of broadband infrastructure finance, design, implementation, operation and support
services for municipalities, real estate developers, hotels, multi-tenant units and service providers to drive
recurring revenues from Eagle's exclusive"four-play"of Bundled Digital Services (i.e. high-speed Internet
access, phone, cable TV, security monitoring, etc.).
• Eagle's Orb' Phone Exchange satellite-based system that enables airline, government, military and
enterprise customers to deliver"total"global communications services to users in non-line-of-sight
environments.
• Further development and enhancements to Eagle's state-of-the-art, High-Definition TV-ready, IP Set-Top
Box (STB)product portfolio to capture revenues from such high-value customer applications as bundled
digital services for hotel and apartment owners, hospital or home-based patient monitoring, video-
conferencing-based distance learning, etc.
• Managed IT and professional services for residential, business and enterprise customers including
security/network monitoring, help desk, field technical support, wiring/cabling, project management,
intrusion detection, managed firewall, anti-virus protection, etc.
"We are also using the additional funds to expand the company's reach in select high-growth markets, boost sales
and marketing programs and further enhance Eagle's product offerings to ensure we are able to fully meet
customer needs. The additional funds are also helping us fully capitalize on the increased momentum within our
target markets and new sales opportunities that our recent contract wins and customer successes have generated,"
Weisman added.
About Eagle Broadband
Eagle Broadband, Inc., is a leading provider of broadband, communications and enterprise management products
and services. Eagle's exclusive "four-play" suite of very high-speed Internet, video/cable TV, voice and security
monitoring Bundled Digital Services (BDSSm), HDTV-ready multimedia set-top boxes, and turnkey suite of financing.
network design, deployment and operational services enables municipalities, real estate developers, hotels, multi-
tenant owners and service providers to deliver exceptional value, state-of-the-art entertainment and
communications choices and single-bill convenience to their residential and business customers. Eagle has
extensive "last mile"cable and fiber installation capabilities and provides complete IT business integration and
enterprise management solutions including network security, intrusion detection, anti-virus protection, managed
firewall and content filtering to Fortune 1000 companies. Eagle also markets the Orb' Phone Exchange non-line-of-
sight communications system that provides true "total" global voice, data and Internet communications services
through the Iridium Satellite constellation to Fortune 1000 enterprises, commercial aviation, government, the
military and homeland security customers. The company is headquartered in League City, Texas, south of
Houston, near the NASA Johnson Space Center. For more information, please visit www.eaglebroadband.com or
call (281)538-6000.
Forward looking,statements in this release regarding Cagle Broadband,Inc., and its subsidiaries are made pursuant to the
"safe harbor"provisions at the Private Securities Litigation Reform r1 ct of 1995,Investors are cautioned that such forward-
looking statements involve risks and uncertainties, including, without limitation, continued acceptance of the company's
products, increased levels ofcompetition, new products and technological changes, the comparev'.s dependence upon third-
party suppliers, intellectual proper tv rights, and other risks detailed from time to time in the company's periodic reports filed
with the Securities and Exchange Commission.