HomeMy WebLinkAboutOrdinance 982Please keep on Display through December 9, 1981.
ORDINANCE NO. 982
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY
CODE OF 1977, PERTAINING TO CABLE COMMUNICATIONS
The City of Columbia Heights does ordain:
Chapter 11 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently
reserved, shall read as follows, to-wit:
TABLE OF CONTENTS
11.101
11.102
11.103
11.103(1)
11.103(.2)
11.103(3)
11.103(4)
11.103(5)
11.103(6)
11.103(7)
11.103(8)
11.103(9)
11.103(10)
11.103(11)
11.103(12)
11.103(13)
11.103(14)
11.103(15)
11.103(16)
11.104
11.105
11.1o5(1)
11.1o5(2)
11.1o5(3)
11.1o5(4)
11.105(5)
11.105(6)
11.105(7)
11.1o5(8)
11.105(9)
11.1O5(lO)
11.1o5(11)
11.1o5(12)
11.1o5(13)
11.1o5(14)
11.1o5(15)
11.1o5(16)
11.1o5(17)
11.1o5(18)
TITLE OF ORDINANCE
DEFINITIONS
AUTHORIZATION, DURATION, TERMINATION,
CANCELLATION, RENEWAL, TRANSFER, AND
ABANDONMENT
Authorization
Duration
Non-Exclusive Grant
Police Powers
Written Notice
Ownership, Control; Transfer of Ownership
and Control
Cancellation, Termination and Expiration
Cancellation, Termination Procedure
Condemnation
Right to Purchase
Removal of System
Continuity of Operation
Receivership
Foreclosure
Renewal or Extension
Abandonment
SERVICE AREA AND EXTENSION OF SERVICE
DESIGN AND CONSTRUCTION
System Design
Institutional Network
Signals Via Satellite
Interconnection
System Construction Schedule
Erection of Poles
Installation of Wires and Cables
Trimming of Trees
Construction Codes
Unreasonable or Hazardous Interference
Requests for Removal or Change
Restoration of Property and Reimbursement
Emergency Removal of Plant
Protection of Facilities
Emergency Override
Standby Power
Two-Way and Interactive Capability
Channel Capacity
PAGE
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11.106
11.106(1)
11.1o6(2)
11.106(3)
11.107
11.108
11.109
11.109(1)
11.109(2)
11.109(3)
11.110
11.111
11.112
11.112(1)
11.112(2)
11.112(3)
11.112(4)
11.113
11.113(1)
11.113(2)
11.113(3)
11.113(4)
11.113(5)
11.114
11.115
11.116
11.117
11.117(1)
11.117(2)
11.117(3)
SYSTE2q SERVICES
Minimum Channel Services
Other Services
Changes in Minimum Channel Services
VIDEO PRODUCTION FACILITIES, STAFF AND
BUDGETS FOR ACCESS PROGRAMMING
INTERACTIVE SERVICES
SUBSCRIBER CONTRACTS, RATES
Term of Subscriber Contracts
Subscriber Rates
Prohibition of Discriminatory or
Preferential Practices
DISCONNECTION
REFUNDS TO SUBSCRIBERS AND USERS
FRANCHISE FEE, TAXES AND ASSESSMENTS
Franchise Fee
Payment of Franchise Fee
Operation Following Termination or
Cancellation
Taxes and Assessments
INDEMNIFICATION, INSURANCE, BONDS,
LETTERS OF CREDIT
General
Indemnification
Insurance
Bonds
Letter of Credit
INTERRUPTION OF SERVICE AND COMPLAINT
PROCEDURE
BOOKS AND RECORDS OF GRANTEE
TESTING
MISCELLANEOUS PROVISIONS
Action by State or Federal Authorities
Severability
Grantee Will Not Contest Validity
of Franchise
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11.117(4)
11.117(5)
Il.Il?(6)
11.117(?)
ll.ll?(S)
11.118
Il.liS(i)
11.118(2)
11.118(3)
11.118(4)
Interpretation by City of Franchise
Subscriber Privacy
Criminal Penalty
Compliance with City Charter
Continuing Supervision and Regulatory
Jurisdiction
JOINT SYSTEM, ACCEPTANCE, INCORPORATION OF
GRANTEE'S PROPOSAL, EXHIBITS
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AN ORDINANCE, INCLUDING EXHIBITS, GRANTING A FRANCHISE
TO TELEPROMPTER OF COLUMBIA HEIGHTS/HILLTOP, INC.
TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM
IN THE CITY OF COLUMBIA HEIGHTS AND RULES GOVERNING
OPERATION OF SAME
FINDINGS
In the review of the Grantee's application, and as a result of public
hearings, the City Council makes the following findings:
(1)
The Grantee's technical ability, financial condition, legal
qualifications and character were considered and approved in
a full public hearing affording reasonable notice and a
reasonable opportunity to be heard.
(2)
The Grantee's plans for constructing and operating the system
were considered and found to be adequate and feasible in a
full public hearing affording reasonable notice and a reason-
able opportunity to be heard.
(3) The franchise complies with the existing franchise standards
of the Minnesota Cable Communications Board.
(4) The franchise is non-exclusive.
11.101
This ordinance shall be known and cited as the Cable
Communications Code.
11.102
Definitions
For purposes of this code, the following terms, phrases and
words shall have the meaning herein given. The words "shall"
and "will" are mandatory and "may" is permissive. Words not
defined shall be given their common and ordinary meaning.
Il.lo2(1)
"Activated Channel" means a video channel which is equipped to
carry programming.
11.102(2)
"Additional Service" means any communications service other
than basic service, provided over its System by the Grantee
directly or as a carrier for its subsidiaries, affiliates, or
any other person engaged in communications services,
including, by way of example, but not limited to, burglar
alarm, data or other electronic intelligence transmission,
facsimile reproduction, meter reading, pay cable, home
shopping, and FM service.
11.102(3)
"Automated Services" means programming or information
displayed in an alpha numeric mode.
-1-
11.1o2(~)
11.102(~)
11.102(6)
11.102(7)
11.102(8)
11.102(9)
11.1O2(lO)
11.1o2(11)
11.102(12)
11.102(13)
11.102(14)
"Basic Service" means the delivery by Grantee to all sub-
scribers, of service provided by Grantee covered by the regu-
lar monthly charge paid by all subscribers, excluding
additional services for which a separate charge is made.
"Board" shall mean the Minnesota Cable Communications Board
and any legally appointed, designated or elected agent or
successor.
"Channel" means a band of frequencies, which for television
is 6 megahertz wide and which for data, FM or other signals,
is of various band widths commensurate with the requirements
of the specific service.
"City" means the City of Columbia Heights, a charter City, in
the State of Minnesota.
"Class IV Cable Communications Channel" means a signaling
path provided by a cable communications system to transmit
signals of any type from a subscriber terminal to another
point in the cable communications system.
"Converter" means an electronic device which converts signals
to a frequency not susceptible to interference within the
television receiver of a Subscriber, and which, by an
appropriate channel selector, also permits a Subscriber to
view all signals delivered at designated dial locations.
"Education Access Channel" means a television channel on the
system which is reserved pursuant to the terms of this
agreement for use exclusively by local educational institu-
tions.
"FCC" shall mean the Federal Communications Commission, and
any legally appointed, designated or elected agent or suc-
cessor.
"Grantee" means Teleprompter of Columbia Heights/Hilltop
Inc., a Minnesota corporation.
"Grantee's proposal" means that certain document dated May 6,
1981, entitled, "Application for Cable Communication System
Franchise for the Cities of Columbia Heights and Hilltop,
Minnesota", consisting of three bound volumes and a letter of
clarification dated July 9, 1981, which were signed by
Grantee and are on file with the City Clerk.
"Gross Receipts" means all revenue derived from or attribu-
table to the System directly or indirectly by Grantee, its
affiliates, subsidiaries, or any persons or entities in which
Grantee has a contractual relationship.
-2-
11.102(15)
"Interactive Capacity' means the ability of the subscriber to
send a class IV signal from a home terminal to the hem/end or
other central point in the System.
11.1o2(16)
'Leased Channel" means a television channel on the System
which is reserved by this agreement for carriage of program
material provided by persons leasing channel time from the
Grantee.
11.102(17)
"Local Government Access Channel" means a television channel
on the System which is reserved pursuant to the terms of this
agreement for use exclusively by local government.
11.1o2(18)
"Local Origination" means video programming produced and/or
cablecast by Grantee, who shall be solely responsible for its
content.
11.102(19)
"Lockout Device" means a mechanism which will enable the
subscriber to prevent the reception on his individual
receiver of specific programs of the channels cablecasting
pay cable services.
11.102(20)
"Origination Programming" means programming imported by
satellite, video or film format that is cablecast by the
Grantee who is solely responsible for its content.
11.102(21)
"Pay Cable" means the delivery over the system of audio-
visual signals in intelligible form to subscribers for a fee
or charge, in addition to the charge for basic service.
11.102(22)
"Person" means persons, firms, corporations, or associations
and any other legally recognized entity.
11.102(23)
"Public Access Channel" means a television channel on the
System which is reserved by this agreement for use exclusive-
,ly by any member of the general public or any non-commercial
organization, without charge, on a first-come, first-served,
nondiscriminatory basis.
11.102(24)
"Regional Channel" means a segment of the electromagnetic
spectrum provided by cable communications systems or an
interconnection entity operating within the Twin Cities
metropolitan area for programming on the standard VHF channel
6.
11.102(25)
"Streets" shall mean the surface of, and the space above and
below, any public street, road, highway, freeway, lane, path,
public way, alley, court, sidewalk, boulevard, parkway, drive
or any easement or right of way now or hereafter held by the
City which shall, within its proper use and meaning in the
sole opinion of the City, entitle Grantee to the use thereof
for the purpose of installing or transmitting over poles,
-3-
11.102(26)
wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, appliances, attachments and other property as may
be necessary to the System.
'Subscriber" means any person or entity receiving any service
offered by the Grantee herein.
11.102(27)
'System" shall mean a system of cables, ~rlres, lines, con-
duits, towers, waveguides, microwave and laser beams, and any
associated converters, equipment or facilities designed and
constructed for the purpose of producing, receiving,
amplifying and distributing by audio, video and other forms
of electronic or electric signals to and from subscribers and
locations in the City.
11.102(28)
11.102(29)
"Tapping" means observing or monitoring a communications serv-
ice by any means for any purpose whatsoever.
"Two Way Capability" means the System's ability to carry and
return video, audio, and data communications.
11.102(30)
11.103
"User" means any person utilizing a System Channel for pur-
poses of production and/or transmission of material as
contrasted with receipt thereof in a subscriber capacity.
Authorization, Duration, Termination, Cancellation, Renewal,
Transfer, and Abandonment
11.103(1) Authorization
The City hereby grants to the Grantee a nonexclusive
franchise to construct, operate and maintain a System on and
under its streets in accordance with, and pursuant to, the
terms, conditions, provisions and limitations of this Section
11.1, et. seq.
11.103(2) Duration
The franchise shall commence on the effective date of this
ordinance and shall continue for a period of ten years,
unless sooner terminated as provided in this code.
11.103(3)
Non-Exclusive Grant
Nothing in this ordinance shall affect the right of the City
to grant to any other person a franchise or right to occupy
and use the streets or any part thereof for the cons truction~
operation and maintenance of a System within the City. The
Grantee shall not take a legal position contesting, or other-
wise contest in any manner, the City's right or decision to
grant such other franchise or to authorize such use of the
streets or any part thereof. Nothing contained in this sub-
-4-
11.103(4)
11.103(5)
division shall prohibit the Grantee from appearing and being
heard on any application for the grant of such franchise or
right.
Police Powers
(A)
All rights granted pursuant to this franchise are sub-
Ject to the police power of the City to adopt and
enforce ordinances. Any conflict between the provisions
of this franchise and any other present or future lawful
exercise of the police powers of the City shall be
resolved in favor of the City.
This Franchise shall not affect the obligation of all
users of the System to comply with all licensure and
permit requirements of the City.
(c)
Nothing in this ordinance shall be in preference or
hindrance to the right of the City to perform or carry
on any public works or public improvements of any kind.
In the event the System interferes in any manner with
the construction, maintenance or repair of any public
works or improvement, the Grantee shall, at its own cost
and expense, protect or relocate its system or any part
thereof, as directed by the City. The Grantee shall
repair or replace any City property damaged by it.
(D)
The City shall have the right to install and maintain,
free of charge, upon the poles and within underground
pipes of Grantee any wires and fixtures desired by the
City.
Written Notice
Ail notices, reports and demands required to be in writing
pursuant to this Franchise shall be deemed to be given when
delivered personally to any office of Grantee or the City
Manager of Columbia Heights or forty-eight (48) hours after
it is deposited in the U.S. Mail as registered or certified
mail, addressed to the party to which notice is being given,
as follows:
If to City:
City Manager
City of Columbia Heights
590 - 40th Avenue Northeast
Columbia Heights, Minnesota
55421
If to Grantee: Teleprompter Corporation 888 7th Avenue
New York, NY 10106
Attention: Vice President and General Counsel
-5-
11.103(6)
Ownership, Control; Transfer of Ownership and Control
None of the following shall directly or indirectly own,
operate, control or have a legal or equitable interest
in the Franchise:
(1)
A television broadcasting station whose predicted
Grade B contour, computed in accordance with sec-
tion 73.684 of the Federal Communications Commis-
sion's rules and regulations, overlaps in whole or
in part the service areas of the System (e.g., the
area within which the System is serving subscrib-
ers); or
(2) A national television network; or
(3) A television translator station licensed to the
municipality of such System; or
(4)
A telephone company within its local exchange area,
· unless a proper and timely waiver is obtained from
the Federal Communications Commission; or
(5)
A publisher and/or owner of a newspaper company and
the newspaper company within the primary market
area, as defined by the Audit Bureau of Circula-
tion, served by the newspaper; or
(6) A radio or television broadcast station, broad-
casting from within the Twin Cities metropolitan
area as designated in Minn. Stat. §473.121, subd.
4.
The word "control" as used herein is not limited to
majority stock ownership, but includes actual working
control in whatever manner exercised.
The word "interest" as used herein includes, in the case
of corporation, common officers, or directors and par-
tial, as well as total, ownership interests represented
by ownership of voting stock.
In applying the provisions of this rule to the stock-
holders of a corporation which has more than 50 stock-
holders:
(a)
Only those stockholders need be considered who
are officers or directors or who directly or
indirectly own 1% or more of the outstanding
voting stock.
-6-
(b)
Stock o~nership by an investment company as
defined in U.S.C. section 80a-3, commonly
called a mutual fund, need be considered only
if it directly or indirectly o~ns 3% or more
of the outstanding voting stock or if officers
or directors of the corporation are repre-
sentatives of the investment company.
Holdings by investment companies under common
management shall be aggregated. If an invest-
ment company directly or indirectly owns
voting stock in an intermediate company which
in turn directly or indirectly owns 50% or
more of the voting stock of the corporation,
the investment company shall be considered to
own the same percentage of outstanding shares
of such corporation as it owns of the inter-
mediate company; provided, however, that the
holding of the investment company need not be
considered where the intermediate company owns
less than 50% of the voting stock, but offi-
cers or directors of the corporation who are
representatives of the intermediate company
shall be deemed to be representatives of the
investment company.
(e)
In cases where record and beneficial ownership
of voting stock is not identical--for example,
bank nominees holding stock as record owners
for the benefit of mutual funds, brokerage
houses holding stock in street name for the
benefit of customers, trusts holding stock as
record owners for the benefit of designated
parties--the party having the right to deter-
mine how the stock will be voted will be con-
sidered to own it for the purposes of this
sect ion.
(B)
Any sale or transfer of the Franchise, including a sale
or transfer by means of a fundamental corporate change,
requires the written approval of the City. Any sale or
transfer of the Franchise shall be subject to the provi-
sions of 4 MCAR §4.100. The parties to the sale or
transfer of the Franchise shall make a written request
to the City for its approval of a sale or transfer of
the Franchise. The City shall reply in writing within
thirty (30) days of the request and shall indicate its
approval of the request or its determination that a
public hearing is necessary if it determines that a sale
or transfer of the Franchise may adversely affect the
company's subscribers. The City shall conduct a public
hearing on the request within thirty (30) days of such
determination.
-7-
11.103(7)
(c)
Notice of any such hearing shall be given 14 days prior
to the hearing by publishing notice thereof once in a
newspaper of general circulation in the area being
served by the Franchise. The notice shall contain the
date, time and place of the hearing and shall briefly
state the substance of the action to be considered by
the City. Within thirty (30) days after the public
hearing, the City shall approve or deny in writing the
sale or transfer request.
(D) Any sale or transfer of the Franchise, including a sale
or transfer by means of a fundamental corporate change,
requires notification to the Board by the City. The
notification shall be accompanied by the written cer-
tification of the transferee that it meets all of the
requirements with respect to technical ability and
financial stability demanded of the original franchisee.
The City shall cause to be sent to the Board a copy of
all public documents related to sale or transfer of the
Franchise.
(E)
The parties to the sale or transfer of a franchise, only
within the inclusion of a cable communications system in
which at least substantial construction has commenced,
shall be required to establish that the sale or transfer
of a franchise only will be in the public interest.
(F)
For purposes of this provision, fundamental corporate
change means the sale or transfer of all of a majority
of a corporation's assets, merger (including any parent
and its subsidiary corporation), consolidation, or
creation of a subsidiary corporation.
(G)
Sale or transfer of stock in a corporation so as to
create a new controlling interest in a cable com-
munication system shall be subject to the requirements
of 4 MCAR §4.100 and 4 MCAR ~4.150.
The term "controlling interest" as used herein is not
limited to majority stock ownership, but includes actual
working control in whatever manner exercised.
Cancellation, Termination and Expiration
The City shall have the right to cancel this franchise for
the following reasons:
(A)
Failure by the Grantee to comply with any provision of
this agreement, or any order, direction or permit issued
by the City pursuant to any provision; or the failure to
comply with the notice requirements of this Code;
-8-
Il.103(8)
(B)
Failure by the Grantee to comply with any rule or regu-
lation promulgated by, or ordinance adopted by the City,
which is consistent with any provision of this Code;
(c)
Failure by the Grantee to comply with, or attempt to
evade, any provision of this Code, or any order, direc-
tion, or permit issued by the City concerning any provi-
sion of this Code;
(D)
Failure by the Grantee to file and maintain any bond,
security fund, or insurance policy in an amount required
by this Code;
The Grantee's sale, lease, assignment, encumbrance or
mortgage of the franchise or transfer of control of the
System without the consent of the City;
(F)
Failure by the Grantee to adhere to the construction
schedule provided under this Code or delay in offering
basic subscriber service;
(G) Any attempt to commit, or the commission, by the
Grantee, any fraudulent or deceitful practice;
(H) Failure by the Grantee to pay to the City any sum due
under this Code;
(I) Failure by the Grantee to receive a certificate of con-
firmation from the Minnesota Cable Communications Board;
(J)
Failure by Grantee to obtain all necessary pole right
agreements within one (1) year following the adoption of
a Cable Communications franchise by the City;
(K)
If, the System or any part thereof, is inoperative for
thirty (30) days out of any consecutive twelve month
period;
(L) Failure to renegotiate franchise fees pursuant to Section
11.112.
Cancellation, Termination Procedure
(A)
If the City determines that the Grantee has violated any
of the provisions of 11.103(7) the City shall give writ-
ten notice of such cause for termination to Grantee, and
of it's intention to terminate the franchise.
(B)
The Grantee shall have thirty (30) days from the date of
receipt of such notice to cure the cause for ter-
mination.
-9-
(c)
If the Grantee fails to cure the cause for ter~lnation
within said thirty (30) day period, the City may elect
to terminate the franchise. Grantee shall be provided
with an opportunity to be heard at a public hearin~
before the City Council of Columbia Heights prior to any
decision to terminate the franchise.
(D) In the event that the City determines to terminate the
franchise, the Grantee shall have a period of thirty
days, beginning the day following the date of the
conclusion of the public hearing at vhich the ter-
mination of the franchise is considered, vithin ~hich to
file an appeal with the Board. During such thirty day
period, and until the Board determines the appeal, if an
appeal is taken, the franchise shall remain in full
force and effect, unless the term thereof sooner
expires. If the Board approves of the action of the
City, the franchise shall terminate immediately; if the
Board disapproves of the action of the City, the
franchise shall remain in full force and effect during
the terms thereof, unless sooner terminated in accord-
ance with law or rules of the Board or the terms of the
franchise agreement. Any such appeal to the board is a
contested case to which the board is not a party.
11.103(9)
Condemnation
In the event the System is taken or condemned pursuant to
law, the franchise shall, at the option of the City, cease
and terminate on the date of the vesting of title pursuant to
such condemnation or taking.
l~.~03(lO)
Right to Purchase
(A)
Upon cancellation, revocation, forfeiture, termination
or normal expiration of the franchise term, the City
shall have the right to purchase the System. Such right
shall be exercised by giving written notice to Grantee
within six months after the occurrence of any such
event.
(B) If the City elects to exercise its right to purchase the
System, the following shall then apply:
(1) The purchase price of the System to be paid by the
City shall be as follows:
(a)
If the termination is due to the normal
expiration of the franchise term, the purchase
price shall be the fair market value of the
System as a going business concern, with
appropriate consideration for depreciation
using generally accepted accounting prin-
ciples. Goodwill shall not be included in the
purchase price of the System.
(2)
(b)
If the franchise is cancelled, revoked, for-
feited, or terminated by the City for failure
of franchisee to comply with the terms of this
Code the purchase price shall be the original
cost of the System less depreciation.
Depreciation shall be calculated using
Grantee's method of depreciation for income
tax purposes.
The City shall receive the entire System as defined
in this franchise ordinance together with all
records necessary for the operation of the System
wherever located.
(3)
The Grantee shall promptly execute all documents
necessary to transfer title to the City, and shall
assign all contracts, leases, licenses, permits and
other rights necessary to maintain continuity of
service to the public.
(4)
The Grantee shall cooperate with the City to
operate the System for a temporary period not to
exceed two years, in maintaining continuity of serv-
ice.
(5)
(6)
Ail liabilities and accounts payable as of the date
the City acquires title to the System shall remain
the exclusive responsibility of the Grantee.
Ail accounts receivable accrued as of the date the
City acquires title to the System shall remain the
property of the Grantee.
(c)
If Grantee offers the System for sale, all offers
received shall promptly be provided to the City. Prior
to Grantee accepting any offer, the City shall have the
right to purchase the System according to the terms of
the offer.
11.103(11) Removal of System
(A)
Upon cancellation, revocation, termination, forfeiture,
or normal expiration of the franchise term the City
shall have the right to require the Grantee to remove,
at Grantee's expense, all or any portion of the System
within the City. Grantee shall, at its own expense,
refill any excavation made by it, and shall leave all
streets and other property within the City in as good a
-11-
11.103(12)
11.103(13)
condition as prior to Grantee's removal of the System.
Grantee shall not affect, alter or disturb in any way
electric, telephone, or other utility, cables, wires or
attachments belonging to City or another franchisee.
City shall have the right to inspect and approve the
condition of streets and other property within the City
after removal. Ail letters of credit, bonds, insurance,
indemnity and liquidated damages provisions of the
franchise shall remain in full force and effect during
the entire period of removal.
(B)
If such removal is not commenced within thirty days
following written notice of City's demand for removal,
or if such removal is not completed within six months of
such notice, the City, at its sole option, may perform
such removal and collect the cost thereof from the
Grantee. The cost of such removal by the City shall be
recoverable from the letters of credit, bonds,
insurance, indemnity and liquidated damages provisions
of the franchise.
Continuity of Operation
Upon cancellation, revocation, or termination of this Franchise
or upon the expiration of this franchise, the City, at it's
option, may direct the Grantee to operate the System for the
account of the City for a period up to one year. The Grantee
shall comply with such direction. The City shall pay the
Grantee the actual expenses incurred in operating the System.
Receivership
(A)
The City shall have the right to cancel this franchise
one hundred twenty days after the appointment of a
receiver, or trustee to take over and conduct the busi-
ness of the Grantee, whether in receivership, reorgani-
zation, bankruptcy, or in any other action or
proceeding, unless such receivership or trusteeship
shall have been vacated prior to the expiration of the
one hundred twenty day period, or unless:
(1)
within one hundred twenty days after his election
or appointment, the receiver or trustee shall have
fully complied with all provisions of this code and
remedied all defaults thereunder; and
the receiver or trustee, within one hundred twenty
days, shall have executed an agreement, duly
approved by the court having Jurisdiction, whereby
the receiver or trustee assumes and agrees to be
bound by each and every provision of this
franchise.
-12-
11.103(14) Foreclosure
11.103(15)
The Grantee shall notify the City upon the foreclosure or
o~her Judicial sale of all or a substantial part of the
System. Notification shall be treated as a notification that
a change in control of the Grantee has taken place, and the
provisions governing the consent of the City to any change in
control of the Grantee shall apply.
Renewal or Extension
(A) The initial franchise period shall be for a period of
ten years.
(B) After the franchise has been in existence five years,
the City shall conduct an investigation and evaluation
of the Grantee and the System. Upon receipt of the
results of the investigation and evaluation, the City
Council, may, at its sole discretion grant an extension
of the franchise terms for a period of five years
following the expiration of the initial ten year period.
If the City Council elects to grant such an extension,
it shall notify Grantee in writing and Grantee shall
have thirty days to accept or reject in writing the
offer of extension. If Grantee accepts the offer of
extension, negotiations shall then commence between City
and Grantee concerning the terms of the franchise during
the five year extension period.
(c)
Grantee may apply for renewal of this franchise by
making application to do so not later than twelve months
prior to the expiration of the franchise. Said applica-
tion shall be on forms provided by the City. If appli-
cation for renewal is not made as herein set forth the
franchise shall terminate at the end of the franchise
period. Any renewal of the franchise shall not be for
more than 10 years.
Upon receipt of an application for renewal, the City
shall, within six months, determine whether the Grantee
has satisfactorily performed its obligations under the
franchise. In doing so, the City shall consider tech-
nical developments and performance of the System,
programming, services offered, cost of services,
compliance with provisions of the franchise ordinance,
and annual reports made by Grantee to the City and FCC.
(~)
If the City determines a renewal of the franchise to ~e
in the public interest, it shall so notify the Grantee
within six months of receipt of the application for
renewal. Negotiations shall then commence between the
-13-
11.103(16)
11.104
City and the Grantee regarding the terms of the
franchise during the renewal period.
Any decision by the City concerning extension or renewal
of the franchise shall be in accordance with the then
existing rules of the FCC, the Board, the City and all
other applicable laws. Nothing in this Code shall be
construed to require extension or renewal of the
franchise.
(¢)
The acceptance of any extension or renewal of the
franchise by Grantee shall be in writing and be within
thirty days after Council action granting such extension
or renewal. No extension or renewal shall be binding
upon the City until its acceptance by the Grantee. Such
acceptance shall be construed to be an acceptance of,
and consent to, all the terms, conditions, and limita-
tions contained in the ordinance granting the franchise
as well as of the provisions of the City Charter.
Abandonment
At least three months prior written notice to the City and
the Minnesota Cable Communications Board shall be given by
Grantee prior to the abandonment of any cable communications
service or any portion thereof. In the event of abandonment
of any cable communications service or portion thereof the
Grantee shall compensate the City for damages resulting from
such abandonment. The amount of damages resulting from aban-
donment due the City shall be determined solely by the City,
and shall be recoverable from the letters of credit, bonds,
insurance, indemnity and liquidated damage provisions of the
franchise. An abandonment of any portion of the System as
determined in the sole discretion of the City shall be a ter-
mination of the franchise.
Service Area and Extension of Service
(A) Service Area
The Grantee shall construct, operate and maintain the
System so as to provide service to all areas of the
City.
(B) Extension of Service
The Grantee shall extend cable to developing areas
simultaneously with electric power and telephone utili-
ties.
-14-
11.105
11.I05(1)
Design and Construction
System Design
The Grantee shall provide a system with a sir~le headend
feeding a single-cable subscriber network and a separate mid-
split institutional network. Both networks shall utilize
MMz equipment, fully activated for two-way transmission.
11.105 (2) Institutional Network
The Grantee shall design and construct the system so that at
least the following locations may originate and transmit
video, audio and data signals on any subscriber or institu-
tional network: the fire and police station, the Columbia
Heights Public Library, the fire department training
classroom, all public and private elementary and secondary
school buildings, the Department of Public Works, the
Columbia Heights City Hall, Parkview Villa, Murzyn Hall,
Huset Park Bandshell, High School Stadium, Columbia Heights
Municipal Service Center, Municipal Liquor Stores within the
City, Columbia Heights' city park activity centers, community
centers and other locations as may be designated by the City.
Grantee further agrees to include North Park Elementary
School in the institutional network at such time as allowed
by law.
All locations mentioned shall each receive a modulator at no
cost, except that the municipal liquor bar and park activity
centers shall share the use of two modulators.
Grantee shall provide a separate 16-mile institutional net-
work, with 38 activated downstream channels and 16 activated
upstream channels for use by city government, schools, and
other local Columbia Heights institutions and businesses.
Locations of the institutional network facilities are shown
on "Institutional Network Facilities Locations" listing which
is attached hereto as Exhibit A and incorporated by
reference.
11.105(3)
Signals Via Satellite
The Grantee shall provide satellite earth terminals for the
purpose of receiving signals from at least three com-
munications satellites.
11.105(4)
Interconnection
The Grantee shall extend its facilities to the City's bound-
aries to interconnect its System by microwave or cable with
any other cable systems operating in an area adjacent to the
City without charge to the City or any subscriber or user.
-15-
11.105(5)
The interconnection shall be accomplished according to the
methods and technical standards approved by the Board.
System Construction Schedule
(A)
The Grantee shall apply for all necessary governmental
permits, licenses, certificates and authorizations
within 90 days of granting of the franchise. The
Grantee shall complete construction and installation of
the System so as to offer basic and additional
subscriber services to all residents, institutions, and
commercial establishments within 12 months following the
Grantee's receipt of the Certificate of Confirmation
from the Board.
The construction schedule shall comply with the plan for
construction in two six-month periods, designated as
Phase I and Phase II on the "Construction Schedule by
Mileage" chart and "Construction Schedule Map", which
are attached hereto as Exhibits B & C and incorporated
by reference.
The Grantee's obligation to construct and install the
system according to this schedule shall not be affected
should litigation be brought against Grantee or City by
a third party.
(B)
(c)
The Grantee shall design, construct and maintain the
System meeting the standards and practices promulgated
by the Federal Communications Commission (FCC Rules Part
76, Subpart K) which are incorporated by reference or
those standards as set forth in Form I, pages 27a - 27h
of Grantee's proposal dated May 6, 1981.
The Grantee shall furnish the City with progress reports
detailing construction progress, indicating its
compliance with the construction schedule, and spec-
ifying the reasons for any delay therein.
(D) Approval of Proposed Construction
No construction, reconstructions or relocation of the
System, or any part thereof, within the streets shall be
commenced until written permits have been obtained from
the proper City officials. In any permit so issued,
such officials may impose any condition, restriction or
regulation as is necessary for the purpose of protectin~
any structures in the streets and for the proper
restoration of such streets and structures, and for the
protection of the public and the continuity of
pedestrian and vehicular traffic. The Grantee shall
give the City written notice of proposed construction at
-16-
least ten days prior to construction. Should Grantee
fail to comply with this section, Grantee shall be
assessed the sum of $200.00 as liquidated damages for
each day of construction undertaken by Grantee in viola-
tion of this section.
(E) Proof of Performance
(F)
The System shall conform to the specifications for ini-
tial proof of performance tests and ongoing performance
tests, test equipment, methods and frequency of test
equipment calibration, forms and method of recording
field data and permanent record keeping as set forth in
Form I, pages 29a - 29d, and "Annual Proof of
Performance Tests Manual" appended to Form I of
Grantee's proposal, dated May 6, 1981.
The Grantee shall furnish the City with progress reports
indicating in detail the progress in, and the areas of,
construction of the System. The reports shall be fur-
nished at monthly intervals, or as may be determined by
the 'City. The first report shall be delivered to the
City within one month from the date of execution of this
ordinance.
11.105(6) Erection of Poles
The Grantee shall not erect any pole in the City without
prior consent of the City and only as necessary to fill small
gaps in the existing aerial utility system. The Grantee
shall lease pole space and facilities for all aerial
construction.
11.105(7) Installation of Wires and Cables
Ail cables and wires shall be installed parallel with
existing telephone and electric wires. Multiple cable con-
figurations shall be arranged in parallel and bundled, with
due respect for safety and engineering considerations. Ail
installations shall be underground in those areas of the City
where public utilities providing either telephone or electric
service are underground at the time of installations. In
areas where both telephone and electric utility facilities
are installed above ground, the Grantee may place its serv-
ices underground without additional charge.
11.1o5($)
Trimming of Trees
The Grantee may, with prior consent of the City, trim trees
upon and overhanging streets, alleys, sidewalks, and all
other public places so as to prevent the branches of trees
from coming in contact with the wires and cables of the
-17-
Grantee. All trimmin~ shall be done under the superVision
and direction of the City and at the expense of Grantee.
11.105(9)
Construction Codes
(A)
The Grantee shall construct, install, operate, and main-
tain the System in strict compliance with all laws,
ordinances, codes, rules and regulations affectin~ the
System. The City reserves the right to enact any ordi-
nance or issue any rule or regulation with respect to
the operation, installation, maintenance, or construc-
tion of the System.
(B)
The Grantee shall construct, install, operate, and main-
tain the System and any facilities employed in connec-
tion therewith in strict compliance with the provisions
of the National Electrical Safety Code as prepared by
the National Bureau of Standards, the National
Electrical Code of the National Board of Fire
Underwriters, the Bell Telephone System's Code of Pole
Line Construction, any standards issued by the Federal
Communications Commission or other Federal or State
regulatory agencies in relation thereto, the
Occupational Health and Safety Act, State Building Code,
and any other applicable codes.
(c)
The Grantee shall construct any tower in strict
compliance with the standards contained in Structural
Standards for Still Antenna Towers and Supporting
Structures, EIA Standards RS-222-A, and any other appli-
cable code. Further, any tower constructed by Grantee
shall conform to height requirements contained in the
City ordinance.
(D)
Grantee's construction practices shall conform to those
practices set forth in the "CATV Cable Construction
Manual" appended to Form H of Grantee's proposal dated
May 6, 1981.
11.105(10)
Unreasonable or Hazardous Interference
(A)
The Grantee shall not install or construct any part of
its System upon, over or under public and private prop-
erty in such a manner as to cause either a hazardous or
unsafe condition or an unreasonable interference with
the use thereof by any person. In the event the
Grantee's System creates a hazardous or unsafe condition
or an unreasonable interference with property, the
Grantee, at its own expense and upon request of the
City, shall remove its System or any part thereof from
the property in question. If the Grantee fails to
remove that part of the System creating a hazardous or
-18-
11.105<11)
11.105<12)
unsafe condition or an unreasonable interference ~rlth
property within 10 days following written notice to
remove by City, the City may remove same at Grantee's
expense. The cost of such removal by the City shall be
recoverable from the letters of credit, bond, insurance,
indemnity and liquidated damages provisions of this
franchise.
All wires, conduits, cables, and other property and
facilities of the Grantee shall be so located,
constructed, installed and maintained as not to endanger
or unnecessarily interfere ~rlth the usual and customary
trade, traffic and travel upon the streets and public
places of the City. The Grantee shall keep and maintain
all of its property in good condition, order and repair,
so that the same shall not menace or endanger the life
or property of any person. The City shall have the
right to inspect and examine at any reasonable time the
property owned or used, in whole or in part, by the
Grantee. The Grantee shall keep accurate maps and
records of all of its facilities and furnish copies of
such maps and records as requested by the City. Said
maps shall indicate the location of all facilities of
Grantee within the City.
Requests for Removal or Chan~e
The Grantee shall, on the request of any person holding a
building permit, temporarily raise or lower its wires to per-
mit the moving of the building. The Grantee shall be given
not less than ten working days notice of any move con-
templated to arrange for temporary wire changes.
Restoration of Property and Reimbursement
The Grantee shall, upon completion of any work requiring
the opening of any street or public place, restore the
same, including the paving and its foundations, to as
good a condition as formerly, and in a manner and
quality approved by the City and shall exercise reason-
able care to maintain the same thereafter in good con-
dition. If the Grantee shall fail to perform the work
promptly, to remove all dirt and rubbish and to put the
street or public place back in good condition, the City
shall have the option of providing Grantee written
notice that Grantee has 10 days to place the street or
public place in good condition. If Grantee fails to do
so within 10 days the City shall have the right to put
the street or public place back into good condition at
the expense of the Grantee, and the Grantee shall, upon
demand, pay to the City the cost of such work done or
-19-
performed by the City, together with an additional sum
as liquidated damages to be determined by the City.
(s)
In the event of disturbance of any private property by
the Grantee, it shall, at its own expense and in a
manner approved by the owner, replace and restore such
private property in as good condition as before the work
causing the disturbance was done. In the event the
Grantee fails to perform the replacement or restoration,
the owner shall have the right to do so at the sole
expense of the Grantee. Payment by the Grantee to the
owner for replacement or restoration shall be immediate
upon demand by the owner. All requests for replacement
or restoring of private property as may have been
disturbed must be in writing to the Grantee. The
Grantee shall have ten days following receipt of such
written notice to replace or restore the private prop-
erty. Failure to do so within the ten day period shall
be grounds for the owner of the property to restore or
replace the property at Grantee's expense. Ail
subscriber constracts shall set forth the right of the
subscriber to restore or replace private property
disturbed by Grantee following the ten day notice period.
11.105(13) Emergency Removal of Plant
(A)
If, at any time, in case of fire or disaster in the
City, it shall become necessary in the Judgment of the
City to cut or move any of the wires, cables, ampli-
fiers, appliances, or appurtenances thereto of the
Grantee, such cutting or moving shall be done, and any
repairs rendered necessary thereby shall be made by the
Grantee.
(B)
Whenever the City shall undertake any public improvement
which affects cable communications equipment, it shall,
with due regard to reasonable working conditions, direct
the Grantee to remove or relocate its wires, conduits,
cables and other property located in said street, right
of way, or public place. The Grantee shall relocate or
protect its facility at its own expense. The City shall
give the Grantee reasonable notice of the undertaking of
public improvements which affect the Grantee's cable
communications equipment.
11.105(14) Protection of Facilities
Nothing contained in this section shall relieve any person,
company or corporation from liability arising out of the
failure to exercise reasonable care to avoid injuring the
Grantee's facilities while performing any work connected with
grading, regrading, or changing the line of any street or
11.105(15)
11.105(16)
public place or with the construction or reconstruction of
any sewer or water system.
Emergency Override
The Grantee shall provide an audio and video emergency alert
override system including the provision of equipment to
the official or officials designated by City to activate the
system.
Grantee shall provide at no additional cost to subscriber an
audio or visual alarm unit which will alert subscribers to an
emergency situation whether or not the television set is
turned on.
Standby Power
The Grantee shall provide equipment capable of providing
standby power to the headend, earth station and studio for 48
hours following an outage of power. The Grantee shall pro-
vide standby power for home terminals used in providing
security-service.
11.105(17)
11.105(18)
11.106
Two-Way and Interactive Capabilit~
(A)
The Grantee shall design, construct and maintain the
System with activated capacity to provide interactive
c ommun ica t ions.
(B)
The Grantee shall design, construct and maintain the
System serving residential and institutional subscribers
to accommodate interactive data communications. The
total System transmission time shall be less than one-
tenth of a second.
(c)
The Grantee shall initially activate the 5-30 MHz fre-
quency spectrum of the subscriber network, and shall
provide equipment at the headend and to subscribers to
support the interactive services as described in Section
11.108.
Channel Capacity
The Grantee shall construct the subscriber network so that 52
downstream channels and the equivalent of 4 upstream channels
are initially activated.
System Services
The Grantee shall provide as a minimum those services pro-
posed in Grantee's application, as shown in the "Summmry of
-21-
11.106(1)
Services as Allocated to Channels' which is attached hereto
as Exhibit D; and "Summary of F.M. and Audio Services" which
is attached hereto as Exhibit E and incorporated by
reference.
Minimum Channel Services
(A) Local Origination
The Grantee shall cablecast a minimum of 40 hours par
week of programming, of which 20 hours per week shall be
produced locally, and 20 hours per week shall be
obtained from other sources. The Grantee shall provide
two full-time staff members for its local origination
effort, and will provide a two-camera color studio with
editing facility, a two camera color van, and a master
control facility. Ail facilities will be available for
access at times determined in the operating rules to be
developed by Grantee and the City or its designate.
These facilities shall be supplied with the equipment
shown in the Grantee's letter of 9/28/81 and accom-
panying 15 pages specifying local program production
equipment and facilities, a copy of which is attached
hereto as Exhibit G. Grantee shall provide a minimum
operating budget as shown for the following years: Year
1 $32,000, Year 3 $56,000, Year 5 $65,000, Year 10
$96,000. The total capital investment for the equipment
described above shall be a minimum of $224,000 in Year
1.
(B) Access Channels
The Grantee shall provide to each of its subscribers who
receive all, or any part of, the total services offered
on the system, reception on at least one specially
designated noncommercial public access channel available
for use by the general public on a first come, non-
discriminatory basis; at least one specially designated
access channel for use by local educational authorities;
at least one specially designated access channel
available for local government use; and at least one
specially designated access channel available for lease
on a first come, nondiscriminatory basis by commercial
and noncommercial users. The VHF spectrum shall be used
for at least one of the specially designated noncommer-
cial public access channels. Ail residential subscrib-
ers who receive all or any part of the total servie~
offered on the system shall also receive these four
access channels plus the regional channel on all tiers
of service at no additional charge for service or
installation; no charges shall be made for channel time
or playback of prerecorded programming on at least one
-22-
of the specially designated noncommercial public access
channels required by this subdivision, provided,
however, that personnel, equipment, and production costs
may be assessed for live studio presentations exceedin~
five minutes in length. Charges for such production
costs and any fees for use of other public access chan-
nels shall be consistent with the goal of affording the
public a low-cost means of television access and shall
be subject to the approval of the City.
Whenever the specially designated noncommercial public
access channel, the specially designated education
access channel, the specially designated local govern-
ment access channel, or the specially designated leased
access channel is in use during 80 percent of the week-
days (Monday-Friday), for 80 percent of the time during
any consecutive 3 hour period for six weeks running, and
there is demand for use of an additional channel for the
same purpose, the Grantee shall then have six months in
which to provide an additional specially designated
access channel for the same purpose.
The Grantee shall establish rules pertaining to the
administration of the specially designated noncommercial
public access channel, the specially designated educa-
tional access channel, and the specially designated
leased access channel. The operating rules established
by the Grantee governing the specially designated non-
commercial public access channel, the specially
designated educational access channel, and the specially
designated leased access channel required in this sec-
tion shall be filed with the Minnesota Cable
Communications Board within 90 days after any such charr-
nels are put into use. The Grantee shall consult with
the City or its designate prior to filing the rules with
the Board.
The Grantee shall provide a religious access channel on
all tiers, and a medical/health and youth access chan-
nels on its mini-basic, basic and interactive services
(tiers 2, 3 and 4).
(C) Regional Channel
The Grantee shall designate VHF Channel 6 as the uniform
regional channel. Until the channel becomes opera-
tional, the designated VHF Channel 6 may be utilized by
the Grantee as it deems appropriate. Use of time on the
regional channel shall be made available without charge.
-23-
(D) Service to Institutions
The Grantee shall install and provide at least one
service outlet and appropriate converter for the basic
service at no charge to the fire and police station, the
Columbia Heights Public Library, the fire department
training classroom, all public and private elementary
and secondary school buildings, the Department of Public
Works, the Columbia Heights City Hall, Parkview Villa,
Murzyn Hall, Huset Park Bandshell, High School Stadium,
Columbia Heights Municipal Service Center, Municipal
Liquor Stores within the City, Columbia Heights' city
park activity centers, community centers and other loca-
tions as may be designated by the City. The Grantee
shall provide one portable VTR/camera to the Columbia
Heights High School. Grantee further agrees to provide
service to North Park Elementary School at such time as
allowed by law.
(E) Miscellaneous Required Services
(1) .Off the Air Programming
The Grantee shall transmit or distribute to all
subscribers within the City, the programs of all
television broadcast stations whose broadcast tower
is presently located within the seven county metro-
politan area. These stations shall appear on the
same numerical channel as their transmitted chan-
nel. If new broadcast towers are erected in the
seven county metropolitan area, the Grantee shall
use its best efforts, complying with FCC must carry
rules, to transmit and distribute the programs of
the television broadcast stations using the new
towers.
11.106(2)
Other Services
(A) Automated Services
The Grantee shall provide automated programming
including but not limited to color weather radar,
national and state newswires, a program guide, a
classified ads service, a community bulletin board,
local and state news, and transportation information on
the channels and tiers as shown in Exhibit D.
The Grantee shall supply the City, Columbia Heights
Public Library, Columbia Heights Communications Center
and School District Superintendent with a character
generator at no cost for originating and programming
messages on the System.
-24-
Pay-Cable
The Grantee shall make available two pay services as set
forth in Exhibit D to subscribers of its mini-basic,
basic and interactive services. The Grantee shall make
available nine pay services as set forth in Exhibit D to
subscribers of its basic and interactive services. The
Grantee shall make available special programs on a pay-
per-view basis to subscribers of its interactive serv-
ice.
(C) Lockout Device
The Grantee shall make available lockout devices to
subscribers at no charge.
(D) Origination Programming
The Grantee shall provide origination programming as set
forth in Exhibit D to subscribers of its Mini-basic,
Basic and Interactive services;
(E) FM & Audio Service
The Grantee shall provide to subscribers of its mini-
basic, basic and interactive services an FM and audio
service, including but not limited to local FM stations
and shortwave stations, and audio access, pay simulcast,
ethnic access, and talking book services.
11.106(3)
Changes in Minimum Channel Services
All changes in automated services, pay cable, origination
programming and FM and audio as shown in Exhibits D and E
shall be made only with the express authorization of the City
Council or its designate. Should any services contained in
Exhibits D and E become unavailable, Grantee shall provide an
equivalent available service to be approved by the City
Council or its designate.
11.107
Video Production Facilities, Staff and Budgets for Access
Programming
Minimum Facilities
The Grantee shall make readily available for public use at
least the minimal equipment necessary for the production of
programming and playback of prerecorded programs for the spe-
cially designated noncommercial public access channel. The
Grantee shall also make readily available, upon need being
shown, the minimum equipment necessary to make it possible to
record programs at remote locations with battery operated
-25-
11.108
portable equipment. Need shall be determined by subscriber
petition. The petition must contain the signatures of at
least 10 percent of the subscribers of the system~ but in no
case more than 500 nor fewer than 100 signatures.
The Grantee shall make available to access users the two-
camera color studio with editing facility, the two-camera
color van and the master control as described in Section
ll.106(1)(A) at times determined in the operating rules to be
developed by the Grantee and the City or its designate. In
addition, Grantee shall provide two portable VTR/cameras, and
an audio studio for access use. These facilities will be
supplied with equipment shown in the Grantee's letter of
9/28/81 and accompanying 15 pages specifying local program
production equipment and facilities, a copy of which is
attached hereto as Exhibit G. The total capital investment
for the portable VTR/cameras and audio studio shall be a
minimum of $27,700 in Year 1. Capital for access and local
origination equipment replacement in Year 10 shall be a
minimum of $118,000. Maintenance budgets for access and
local origination equipment shall be a minimum of $5,000 in
Year 1, $2,000 in Year 3, $8,000 in Year 5 and $13,000 in
Year 10.
Minimum Staff
The Grantee shall provide a minimum of at least two full-
time staff persons for facilitating access programming.
Staff assistance and training for access producers will be
provided at no charge.
Rates for non-commercial use of the facilities and training
shall be set forth in Exhibit F and incorporated by
reference.
Interactive Services
The Grantee shall offer subscribers a home security system
including fire detection and medical alert options.
The security system must be designed to operate so that the
first signal is sent to an intermediary who will verify that
the alert is a true emergency prior to notifying the
appropriate emergency service.
The Grantee will provide at system activation a full-channel
videotext information retrieval service, equipment for
subscribers to send data messages to the system and for
interactive education.
-26-
11.109
Il.lO9(1)
11.109(2)
Subscriber Contracts, Rates
Term of Subscriber Contracts
Residential subscriber contracts shall not exceed twelve
months in duration, unless after twelve months, the contract
may be terminated by the subscriber at any time at his option
with no penalty to the subscriber.
Subscriber Rates
(A)
Rates for subscribers shall be those set forth in
"Proposed Rates", which is attached hereto as Exhibit
F and incorporated by reference. No rates shall be
increased for a minimum of 30 months from the effective
date of this franchise.
(B)
Should Grantee desire an increase in its rates, Grantee
shall file an application with the City Manager of the
City of Columbia Heights which application shall be sup-
ported by proof that the existing rate schedule is in-
adequate and unreasonable and that the proposed increase
is required to enable Grantee to fulfill its ob]/gation
under the franchise and to enable Grantee to derive a
reasonable profit therefrom.
Such proof shall include, but not be limited to, the
following financial reports, which shall reflect the
operations of the System only:
(1) Balance Sheet;
(2) Income Statement;
(3) Cash Flow Statement;
(4) Statement of Sources and Applications of Funds;
(5) Detailed Supporting Schedules of Expenses, Income
Assets, and other items as may be required;
(6) Statement of Current and Projected Subscribers and
Penetration;
(7) Such other data as the City may require.
The Grantee's accounting records applicable to the
System shall be available for inspection by the City and
its representatives at all reasonable times. The City
shall have access to records of financial transactions
for the purpose of verifying burden rates or other
indirect costs pro-rated to the System operation. The
-27-
(c)
(D)
(E)
documents listed above shall include sufficient detail
and/or footnotes as may be necessary to provide the City
with the information needed to make accurate deter-
minations as to the financial condition of the System.
All financial statements shall be certified as accurate
by an officer of the Grantee.
Within 60 days followini the filing by Grantee of an
application for a rate increase with the City Hanager of
Columbia Heights, the City shall conduct a public
hearing to consider the proposed rate increase. The
City will publish one notice of said hearing at least 10
days prior to the hearing date in the official newspaper
of the City. Grantee shall notify the public through
providing notice for one week, each day between 7 p.m.
and 9 p.m. on 2 channels of the purpose, of the date,
place and time of the hearing. Any interested person
may file written comments on the proposed rate increase
with the City Council of Columbia Heights.
After the conclusion of the public hearing, the City
will have 90 days within which to make its determination
with respect to the proposed rate increase. The City in
it's discretion may do one of the following:
(1) Approve the proposed rate increase;
(2)
Approve a rate increase but at levels different
than proposed in Grantee's application;
(3) Determine that no rate change shall be allowed;
(4) Determine that the rate schedule of Grantee shall
be decreased.
In reviewing a proposed rate change the City may con-
sider at least the following factors:
(1)
The ability of the Grantee to render System serv-
ices and to derive a reasonable profit therefrom
under the existing rate schedule and under the pro-
posed rate schedule;
(2) The revenues and profits derived from System
services;
(3) The efficiency of the Grantee;
(4) The quality of service offered by the Grantee;
-28-
(5)
The original cost of the System less depreciation
under a reasonable and acceptable depreciation
policy;
(6)
A fair rate of return with respect to the cost of
borrowing and the rates of return on investments
having similar risks to that of providing cable
communication services;
(7)
The cumulative average rate of return forecasted by
the Grantee when seeking the franchise. This cumu-
lative average rate of return may be adjusted by
actual economic conditions such as the percentage
variance of the experienced prime rate with the
level of the prime rate assumed by the Grantee when
seeking the franchise;
(8) The extent to which the Grantee has adhered to the
terms of the ordinance;
(9) Rates currently fixed in cable television franchi-
ses for comparable service areas;
(10) Capital expenditures by Grantee in providing
updated technology and service to subscribers.
The City Council shall not consider any valuation Based
upon this franchise or the Grantee's good will and these
items of value shall neither be amortized nor shall a
return be paid on them. Ail costs for the review of an
application for a rate change shall be paid for by
Grantee upon demand of the City.
11.109(3) Prohibition of Discriminatory or Preferential Practices
Grantee shall make the services or facilities available to
all persons within the City on an equal basis.
11.110
Disconnection
In the event any subscriber fails to pay a properly due
monthly subscriber fee, or any other properly due fee or
charge, the Grantee may disconnect the delinquent
subscriber's outlet. The Grantee shall not disconnect a
delinquent subscriber's service outlet until forty five days
following the due date of the delinquent fee or charge and
shall include ten days written notice to a subscriber of its
intent to disconnect service. After disconnection and upon
payment of the delinquent fee and of a reconnection fee, the
Grantee shall promptly reinstate a subscriber's cable serv-
ice. The Grantee shall not charge any fee for disconnecting
service. The Grantee may require the maintenance of a
-29-
security deposit in cases where a subscriber has been discon-
nected for Just cause within the preceding three years. The
amount of the security deposit shall be equal to two months
basic service charge, and will be payable in advance of serv-
ices being restored. Any advance payment shall be con-
sidered a security deposit, and may be retained by Grantee
for a maximum of three years. The security deposit shall be
refunded to the subscriber, without interest, after three
years or when the subscriber's service is terminated.
11.111
Refunds to Subscribers and Users
(A)
If the Grantee fails to provide upon request of a
subscriber any service then being offered, the Grantee
shall promptly refund all security deposits or other
advance payments paid for the service in question by
said subscriber.
(B)
In the event a subscriber terminates any monthly service
by reason of the Grantee's failure to render the service
in accordance with the franchise, the Grantee shall
refund an amount equal to the product of the installa-
tion charge paid, the reconnection charge paid, and the
fraction of the prepaid period in which service will not
be received.
(c)
In the event a subscriber terminates any monthly service
prior to the end of a prepaid period, the Grantee shall
refund the pro rata portion of any security depost or
other advance payment as of the date of said termination
using the number of months as a basis.
11.112
Franchise Fee, Taxes and Assessments
11.112(1)
Franchise Fee
(A)
Throughout the term of the franchise, commencing on the
effective date of the ordinance, Grantee shall pay the
City an aggregate amount equal to five percent of the
Grantee's gross receipts from operations within Columbia
Heights from whatever source whether direct or indirect
through subsidiaries, affiliates, persons or entities in
which the Grantee has a financial interest or with which
the Grantee has a contractual relationship for the
sharing of receipts.
(~)
The City and the Grantee by acceptance of the franchise,
agree that the franchise fee will not interfere with the
effectuation of federal regulatory goals in the field of
cable television and that the fee is appropriate in
light of the City's planned regulatory program and the
System contemplated by the ordinance. The Grantee shall
11.112(2)
~1.112(3)
11.112(4)
support and assist the City in demonstrating to the FCC
that the franchise is consistent with such Federal stan-
dards and is otherwise appropriate, as indicated.
(c)
The Grantee, upon acceptance of the franchise agrees
that the franchise fee shall continue to be paid
regardless of whether the franchise fee standards of the
FCC are lowered. If the FCC increases the range of
franchise fees that may be permitted under its standards
or exercises no Jurisdiction with respect to such fees,
the City may elect to renegotfate the franchise fee
without regard to the time limitation contained therein,
but in no event shall the renegotiated fee be less than
the 5% referred to in section ll.l12(A). Failure of
Grantee to renegotiate in good faith pursuant to this
provision shall be grounds for termination of the
franchise at the option of the City.
Payment of Franchise Fee
(A)
Within thirty (30) days after the end of each calendar
quarter, the Grantee shall report for the preceding
calendar quarter in such detail as the City may require
its gross receipts from all System services from what-
ever sources and shall remit therewith all amounts due
under section 11.112(1).
(B)
(c)
In the event any payment is not made on or before the
applicable date fixed in Section 11.112(2)(A), interest
thereon shall apply from its due date at the rate of one
and one half percent per month.
All payments due the City shall be made to the
Department of City Clerk - Treasurer.
Operation Following Termination or Cancellation
In the event the Grantee continues the operation of any part
or all of the System beyond the cancellation or expiration of
this franchise, it shall pay to the City the compensation set
forth in this franchise at the rate in effect at the time of
such cancellation or expiration, and in the manner set forth
in this franchise, together with all taxes it would have been
required to pay had its operation been duly authorized.
Taxes and Assessments
Payments of compensation made by the Grantee to the City pur-
suant to the provisions of the franchise shall not be con-
sidered in the nature of a tax or assessment but shall be in
addition to any and all taxes and assessments which are now
or hereafter required to be paid.
-31-
11.113
11.113(1)
Indemnification, Insurance, Bonds, Letters of Credit
General
11.113(2)
Rights of City pursuant to indemnification, insurance, bonds,
and letters of credit pursuant to the franchise, are in addi-
tion to all other rights the City may have pursuant to the
franchise or any other ordinance, rule, regulation or law.
Indemnification
(A)
The Grantee shall, throughout the term of this
franchise, at its sole cost and expense, indemnify,
defend and hold harmless the City, its officers, boards,
agents and employees against all liability, damages,
costs, claims including but not limited to expenses for
legal charges and disbursements by the City in connec-
tion therewith, incurred by the City in connection with:
(~)
Damage to persons or property, in any way arising
out of or through the acts or ommissions of
Grantee, its servants, agents or employees or to
which Grantee's negligence shall in any way
contribute;
(2) Any claim for invasion of privacy, defamation of
any person, firm or corporation, violation or
infringement of any copyright, trademark, trade
name, service mark or patent or of any other right
of any person, firm, or corporation;
(3)
Grantee's failure to comply with the provisions of
any federal, state or local law, ordinance, statute
or regulation applicable to Grantee or the System.
If suit is brought or threatened against the City,
either independently or jointly with Grantee, or with
any other person or municipality, Grantee, upon notice
given by City, shall defend City at the sole cost of
Grantee, and if Judgment is obtained against City,
Grantee shall indemnify City and pay such Judgment with
all costs and satisfy and discharge said judgment.
(c)
City reserves the right to cooperate with Grantee and
participate in the defense of any litigation by its own
counsel. Grantee shall pay upon receipt of written
demand from City, all expenses incurred by City in
defending itself with regard to any matters in this sec-
tion. These expenses shall include, but not be limited
to, attorney's fees, and the reasonable value, as deter-
mined by City, of services rendered by City or it's
employees, agents or representatives.
-32-
11.113(3) Insurance
(A)
By acceptance of the franchise, Grantee specifically
agrees that it will maintain throughout the term of the
franchise, liability insurance issued by a company
authorized to do business in this State covering its
obligations of indemnification provided for in this
franchise in the minimum amount of:
(1) $500,000 for property damage to any one person;
(2) $2,000,000 for property damage in any one act or
occurrence;
(3) $1,000,000 for personal injury to any one person;
(4) $2,000,000 for personal injury in any one act or
occurrence;
$1,000,000 for damages resulting in claims for
.invasion of privacy, defamation, violation or
infringement of any copyright, trademark, trade
name, service mark or patent.
Such insurance shall be with a company acceptable to
City and shall otherwise be in form and substance accept-
able to City. Such insurance policy with written evi-
dence of payment of required premiums shall be filed and
maintained with the City Manager during the term of the
franchise. The above minimum amounts shall be changed
from time to time by Grantee as requested by City.
Grantee shall immediately give notice to City of any
threatened or pending litigation.
(c)
Neither the provisions of this section nor any damages
recovered by City shall be construed to, or shall, limit
the liability of Grantee.
(D)
No recovery by City of any sum by reason of the Letter
of Credit or Bond required in the Franchise shall be any
limitation upon the liability of Grantee to City under
the terms of this section, except that the sum so
received by City from such Letter of Credit or Bond
shall be deducted from a recovery under this section, if
for the same act or occurrence.
(E) All insurance policies maintained pursuant to this
Franchise shall contain the following endorsement:
"It is hereby understood and agreed that this insurance
policy may not be cancelled nor the intention not to
renew be stated until one hundred twenty (120) days
-33-
after receipt by City, by registered mail, or written
notice of such intention to cancel or not to renew.'
11.113(4) Bonds
(A)
At the time the franchise becomes effective, the Grantee
shall file with the City Manager, and shall maintain
during the construction period of the System, and until
Grantee has liquidated all of its obligations with the
City, the following bonds:
(B)
(1)
A labor and material payment bond in the sum of
$1,000,000, guaranteeing payment by the Grantee of
claims, liens and taxes due to the City which arise
by reason of the construction, operation or main-
tenance of the Cable Communications System. A
faithful performance bond running to the City in
the penal sum of $1,000,000 conditioned upon the
faithful performance of the Grantee of all the
terms and conditions of the ordinance and upon the
further condition that, in the event the Grantee
shall fail to comply with any law, ordinance, rule
or regulation governing this franchise, there shall
be recoverable Jointly and severally from the prin-
cipal and surety of the bond any damage or loss
suffered by the City as a result, including the
full amount of any compensation, indemnification or
cost of removal or abandonment of property of the
Grantee, plus costs and reasonable attorney's fees
up to the full amount of the bond. The rights
reserved by the City with respect to the bond are
in addition to all other rights the City may have
under the franchise or any other law.
Following the completion of all construction con-
templated by this franchise, the City may require the
Grantee to file with the City Manager and to maintain
throughout the terms of this franchise, the bonds up to
the amounts listed below:
(1)
A labor and material payment bond in the sum of
$500,000 guaranteeing payment by the Grantee of
claims, liens and taxes due to the City which arise
by reason of the construction, operation or main-
tenance of the Cable Communications System.
(2)
A faithful performance bond runnin$ to the City in
the penal sum of $500,000 conditioned upon the
faithful performance of the Grantee of all the
terms and conditions of the ordinance and upon the
further condition that in the event the Grantee
shall fail to comply with any law, ordinance, rule
-34-
or regulation governing the franchise, there shall
be recoverable Jointly and severally from the prin-
cipal and surety of the bond any damage or loss
suffered by the City as a result, including the
full amount of any compensation, indemnification,
or cost of removal or abandonment of property of
the Grantee plus costs and reasonable attorney's
fees up to the full amount of the bond.
(c)
The rights reserved by the City with respect to the bond
are in addition to all other rights the City may have
under the franchise or any other law.
(D)
The bonds shall be subject to the approval of the City
and shall be in full force and effect at all times until
the Grantee has liquidated all of its obligation w/th
the City.
(E) The bonds shall contain the following endorsement:
wit is hereby understood and agreed that this bond ~ay
not 'be cancelled until 120 days after receipt by the
City Manager, by registered mail, return receipt
requested, of a written notice of intent to cancel or
not to renew."
11.113(5) Letter of Credit
(A)
At the time of acceptance of this franchise, Grantee
shall deliver to the City an irrevocable and uncon-
ditional Letter of Credit, in form and substance accept-
able to and subject to approval of the City, from a
National or State bank approved by City, in the amount
of $50,000.00.
(s)
The Letter of Credit shall provide that funds will be
paid to City, upon written demand of City, and in an
amount solely determined by City in payment for
penalties charged pursuant to paragraph C of this sec-
tion, in payment for any monies owed by Grantee pursuant
to its obligations under the franchise, or in payment
for any damage incurred as a result of any acts or
omissions by Grantee pursuant to the franchise.
(c)
In addition to recovery of any monies owed by Grantee to
City or damages to City as a result of any acts or
omission by Grantee pursuant to the franchise, City in
its sole discretion may charge to and collect from the
Letter of Credit the following penalties:
(1) For failure to complete System construction in
accordance with Grantee's initial service area
-35-
plan, unless City approves the delay, the penalty
shall be Two Hundred Dollars ($200.00) per day for
each day, or part thereof, such failure occurs or
continues.
(2)
For failure to provide data, documents, reports,
information or to cooperate with the City during an
application process or System review, the penalty
shall be Fifty Dollars ($50.00) per day for each
day, or part thereof, such failure occurs or con-
tinues.
(3)
For failure to comply with any of the provisions of
this franchise for which a penalty is not otherwise
specifically provided pursuant to this paragraph C,
the penalty shall be Fifty Dollars ($50.00) per day
for each day, or part thereof, such failure occurs
or continues.
(4)
For failure to test, analyze and report on the per-
formance of the System following a request by the
'City, the penalty shall be Fifty Dollars ($50.00)
per day for each day, or part thereof, that such
failure occurs or continues.
(5)
For failure by Grantee to modify the System or to
provide additional services within forty-five (45)
days after required by City following a periodic
review or renegotiation session the penalty shall
be Two Hundred Dollars ($200.00) per day for each
day or part thereof that such failure occurs or
continues.
(6)
Forty-five (45) days following notice from City of
a failure of Grantee to comply with construction,
operation or maintenance standards, the penalty
shall be Two Hundred Dollars ($200.00) per day for
each day, or part thereof, that such failure occurs
or continues.
(7)
For failure to provide the services Grantee has
proposed, including but not limited to the imple-
mentation and the utilization of the access chan-
nels and the making available for use of the
equipment and other facilities to City, the penalty
shall be One Hundred Dollars ($100.00) per day for
each day or part thereof that such failure occurs
or continues.
(s)
For failure to replace or restore private property
as required by Section 11.105(12)(B) of the ordi-
nance, the penalty shall be the actual cost of
-36-
(D)
(~.)
restoring or replacing the private property
disturbed by Grantee.
(9)
Each violation of any provision of this franchise
shall be considered a separate violation for which
a separate penalty can be imposed.
Whenever City finds that Grantee has violated one or
more terms, conditions, or provisions of this franchise,
a written notice shall be given to Grantee informing it
of such violation. At any time after three (3) days
following notice, City may draw from the Letter of
Credit all penalties and other monies due City.
Whenever a penalty has been assessed, Grantee may,
within ten (10) days of notice, notify City that there
is a dispute as to whether a violation or failure has,
in fact, occurred. Such notice by Grantee to City shall
specify with particularity the matters disputed by
Grantee.
(1)
City shall hear Grantee's dispute at the next regu-
larly scheduled Council meeting. City shall
supplement the Council decision with written find-
ings of fact.
(2) Upon a determination by City that no violation has
taken place, City shall refund to Grantee without
interest all monies drawn from the Letter of Credit
by reason of the alleged violation, less all costs
of Grantee's appeal.
If said Letter of Credit or any subsequent Letter of
Credit delivered pursuant hereto, expires prior to fif-
teen (15) months after the expiration of the term of
this franchise, it shall be renewed or replaced, during
the term of this franchise to provide that it will not
expire earlier than fifteen (15) months after the
expiration of this franchise. The renewed or replaced
Letter of Credit shall be on the same form and with a
bank authorized herein and for the full amount stated in
paragraph A of this section.
If City draws upon the Letter of Credit, or any sub-
sequent Letter of Credit delivered pursuant hereto, in
whole or in part, Grantee shall replace the same within
ten (10) business days and shall deliver to City a like
replacement Letter of Credit for the full amount stated
in Paragraph A of this section as a substitution of the
previous Letter of Credit.
-37-
If any Letter of Credit is not so replaced, City may
draw on said Letter of Credit for the whole amount
thereof and hold the proceeds, without interest, and use
the proceeds to pay costs incurred by City in performing
and paying for any or all of the obligations, duties and
responsibilities of Grantee under the franchise that are
not performed or paid for by Grantee pursuant hereto,
including attorneys' fees incurred by the City in so
performing and paying. The failure to so replace any
Letter of Credit may also, at the option of City, be
deemed a default by Grantee under the franchise. The
drawing on the Letter of Credit by City, and use of the
money so obtained for payment or performance of the
obligations, duties and responsibilities of Grantee
which are in default, shall not be a waiver or release
of such default.
(~)
The collection by City of any damages, monies or
penalties from the Letter of Credit shall not affect any
other right or remedy available to City, nor shall any
act, or failure to act, by City pursuant to the Letter
of Credit, be deemed a waiver of any right of City pur-
suant to this franchise or otherwise.
(J) The Letter of Credit shall contain the following
endorsement:
"It is hereby understood and agreed that this letter of
credit shall not be cancelled by the financial institu-
tion, nor the intention not to renew be stated until 30
days after receipt by the City, by registered mail
return receipt requested, of a written notice of such
intention to cancel or not to renew.'
11.114
Interruption of Service and Complaint Procedure
(A)
(~)
The Grantee shall put, keep and maintain all parts of
the System in good condition throughout the term of the
franchise. Service to Subscribers shall not be shut off
or interrupted by Grantee except when necessary, and
then only during periods of minimum use of the System.
Unless such interruption is unforseen or immediately
necessary, Grantee shall give 48 hours notice thereof to
affected Subscribers. Ail costs incurred in repairing
System shall be borne by Grantee. If service is
interrupted for more than 24 hours, Subscribers shall be
credited on a pro rata basis for such interruption. In
all cases, the cause of interruption of service shall be
removed and remedied by Grantee as promptly as possible.
Grantee shall maintain an office in the City, or other
location as approved by the City Council, which shall be
-38-
(c)
(D)
(~)
(F)
open during normal business hours and in no event less
than from 9:00 a.m. - 5:00 p.m., Honday - Friday exclu-
sive of legal holidays. Further, said office shall have
a publicly listed local telephone and shall be so
operated to receive complaints and requests for repairs
or adjustments at any time, seven (7) days per week.
This office shall have sufficient telephone service to
permit Subscribers to communicate with Grantee without
excessive delay. Notice of this information shall be
provided to all new Subscribers at the time of subscrip-
tion and to existing Subscribers annually.
All complaints by City, Subscribers, or other persons
regarding the quality of service, equipment malfunction,
billing disputes, and any other matters relative to the
System shall be investigated and responded to by a serv-
ice representative of Grantee within 24 hours. If the
complainant is not satisfied by the action taken by the
Grantee, the complainant shall file a complaint with the
City Council or its designate. Grantee must provide the
City Council or its designate with a statement of the
action taken to resolve the complaint and/or to preclude
any recurrence of the complaint. The City Council or
its designate shall cooperate with the company in rec-
tifying the complaint.
Grantee shall employ repair technicians capable of
responding to and resolving requests for repair service
within 24 hours following receipt of the Subscriber
complaint or request for repair service. Service shall
be restored as promptly as possible, and in all cases
within three calendar days from receipt of the request
for repair service. The cost of repair service and
maintenance of the System shall be borne by Grantee. If
service is not restored within 24 hours, the Subscriber
shall be credited on a pro rata basis for such loss of
service.
Grantee shall prepare and maintain a record of all
complaints made to Grantee. This record shall indicate
the nature of each complaint, the date and time of
receipt, the disposition of said complaint and the time
and date thereof. This record shall be made available
for inspection upon request by the City.
Grantee shall maintain the system as set forth in Form
I, pages 30 - 30f of its proposal submitted May 6, 1981,
and shall handle service complaints as set forth in Form
I, pages 31 - 3lb of its proposal submitted May 6, 1981.
-39-
11.115 Books and Records of Grantee
(A) Payment Records
On or before each of the dates on ~hich payments pur-
suant to the franchise are to be made, and within sixty
days after the expiration or cancellation of the
franchise, and at such other times as the City shall
designate, the Grantee shall furnish and deliver to the
City verified or certified reports of its business and
operations hereunder and gross receipts derived
therefrom in such form and in such detail as the City
may prescribe,
(B) ~eports Filed with Government Entities
Within five days after the Grantee, its affiliates
and/or subsidiaries have filed a report, petition or
communication with any City, State or Federal agency,
department or board, pertaining to any aspect of opera-
tions under the franchise or the financial arrangements
therefore, it shall file a copy of such report, peti-
tion, or communication with the City and with the
Minnesota Cable Communications Board.
(C) Access Channel Reports
The Grantee shall file quarterly with the City a report
or log describing the use being made and the users of
access channels. The Grantee shall file annually with
the City a report of its expenditures for local origina-
tion and access programming and facilities including
their operation and maintenance.
(D) Annual Re~orts
Grantee shall file with the City Manager a cer-
tified annual report, on or before March 31 in each
calendar year for the preceding calendar year
ending December 31. The annual report shall
include the following:
(a)
A statement summarizing the previous year's
activities in development of the System,
including services commenced and terminated,
and Subscribers gained and lost;
(b)
A financial statement prepared by an indepen-
dent certified public accountant, to include
an income statement, balance sheet, statement
of sources and application of funds, and the
gross receipts of Grantee for the preceding
(~)
year as defined in Section 11.102(14) of the
franchise;
(c) A current statement of cost of construction by
component category;
(d) A statement of construction planned for the
next year;
(e) A statement regardin~ complaints, identifyin~
the number, nature and disposition;
(f) A current list of the names and addresses of
each officer and director of Grantee;
(g) A statement of current billing practices;
(h) A current copy of rules of Grantee;
(i) A current copy of the Subscriber Service
Contract of Grantee.'
Location and Availability of Books and Records of Grantee
(1)
(z)
The Grantee shall maintain an office in the City,
or other location as approved by the City, for so
long as it continues to operate the System or any
portion thereof and hereby designates that office
as the place where all notices, directions, orders,
and requests may be served or delivered under the
franchise.
The Grantee shall keep complete and accurate books
of account and records of its business and opera-
tions under and in connection with the franchise in
accordance with normal and accepted bookkeeping and
accounting practices for the Cable Communications
industry, and allow for inspection and copying of
them by the City at reasonable times at designated
offices. The books and records to be maintained by
Grantee shall include:
(a) A record of all requests for service;
(b) A record of all Subscriber or other
complaints, action taken by Grantee, and the
disposition thereof;
(c) A file of all Subscriber contracts;
(d) Grantee policies, procedures, and company rules;
-41-
(e) Financial records.
(3)
The City or any other person designated by the City
Council, shall have access to all books of account
and records of the Grantee for the purpose of
ascertaining the correctness of any and all
reports, and shall have authority to audit the
Grantee's accounting and financial records upon 24
hour notice. The Council may examine the Grantee's
officers and employees, under oath, in respect
thereto.
(4)
Any false entry in the books of account or records
of the Grantee or false statement in the reports
required to be filed by the Grantee shall consti-
tute a breach of a material provision of the
franchise.
11.116
Testin$
The Grantee shall provide a minimum operational standard as
indicated below:
(A)
The System shall deliver to the Subscribers' terminal, a
signal that is capable of producing a picture, without
visual material degradation in quality.
The System shall transmit or distribute signals without
causing objectionable cross modulation within the cables
or interfacing with other electrical or electronic net-
works or with the reception of other television or radio
receivers in the area not connected to the network.
(c)
The Grantee shall be responsible to abate all inter-
ference arising from interfering signals of less than 5
volts per meter.
(D)
The Grantee shall be responsible for providing special
testing of the System as required by the City. Cost for
such special testing shall be the responsibility of the
Grantee.
(E)
Results of any tests required by the FCC shall be filed
within 10 days of the conduction of such tests with the
City and the Board.
11.117
Miscellaneous Provisions
11.117(1) Action by the State or Federal Authorities
(A) The Grantee shall conform to all state laws and rules
regarding cable communications, not later than one year
-42-
Il.liT(2)
after they become effective, unless otherwise stated,
and to conform to all federal laws and regulations
regarding cable communications as they become effective.
The terms of this franchise shall cease to be of any
force and effect if the Grantee fails to obtain either a
regular Certificate of Confirmation or renewal of a
Certificate of Confirmation from the Board: provided,
however, that the Grantee may operate a Cable
Communications System while the Minnesota Cable
Communications Board is considering the application for
the renewal of it's Certificate of Confirmation.
(c)
In the event any material provision of the franchise is
held to be invalid or pre-empted by Federal or State
laws, rules or regulations, prior to or as a result of
the issuance of a Certificate of Compliance or
Certificate of Confirmation by the FCC or the Minnesota
Cable Communications Board, the City shall have the
option to terminate or modify the franchise.
(D)
If any law, ordinance or regulation shall require or
permit Grantee to perform any service or prohibit
Grantee from performing any service which may be in
conflict with the terms of this franchise, then as soon
as possible following knowledge thereof, Grantee shall
so notify the City. If the City determines that a
material provision of the franchise is affected by such
law, ordinance or regulation, the City shall have the
right to modify, alter, or repeal any of the provisions
of the franchise as may be necessary to carry out the
intent and purpose of the franchise. In the event the
City modifies, alters, or repeals any provision of the
franchise, Grantee agrees to conform to the franchise as
modified, altered or partially repealed.
Failure of Grantee to notify the City as provided in
this section shall constitute a breach of a material
provision of the franchise.
Severabilit_y
If any section, subsection, sentence, clause, phrase or por-
tion of the franchise is for any reason held invalid or
unconstitutional by any court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of
the remaining portions thereof.
-43-
11.117(3) Grantee Will Not Contest Validity of Franchise
Grantee agrees that it will not set up against City in any
claim or proceeding, any condition or term of the franchise
as unreasonable, arbitrary, void or that City had no power or
authority to make such term or condition, but shall be
required to accept the validity of the terms and conditions
of the franchise in their entirety.
11.117(4) Interpretation by City of Franchise
In case of any dispute or question as to the meaning,
interpretation or application of any term, provision or con-
dition of this franchise, the City Council of Columbia
Heights, in its sole discretion shall resolve such dispute or
question.
11.117(5) Subscriber Privacy
(A)
The Grantee shall not transmit signals of a Class IV
cable communications channel from a subscriber terminal
for purposes of monitoring individual viewing patterns
or practices without the express written permission of
the subscriber. The request for such permission shall
be contained in a separate document with a prominent
statement that the subscriber is authorizing the per-
mission in full knowledge of its provisions. Such writ-
ten permission shall be for a limited period of time not
to exceed one year which shall be renewed at the option
of the subscriber. No penalty shall be invoked for a
subscriber's failure to provide or renew such authoriza-
tion. The authorization shall be revokable at any time
by the subscriber without penalty of any kind what-
soever. Such permission shall be required for each type
of classification of Class IV cable communications activ-
ity planned for the purpose.
(B)
No information or data obtained by monitoring
transmission of a signal from a subscriber terminal,
including but not limited to lists of the names and
addresses of such subscribers or any lists that identify
the viewing habits of subscribers shall be sold or
otherwise made available to any party other than to the
Grantee for internal business use, and also to the
subscriber subject of that information, unless the
Grantee has received specific written authorization from
the subscriber to make such data available.
(c)
Written permission from the subscriber shall not be
required for the systems conducting systemwide or indi-
vidually addressed electronic sweeps for the purpose of
verifying system integrity or monitoring for the purpose
-44-
11.117(6)
11.117(7)
of billing. Confidentiality of such information shall
be subject to the provision set forth in Minnesota Cable
Communications Board rule
Criminal Penalt~
Exclusive of the contractual penalties set out in the ordi-
nance, a violation of any provision of the ordinance by any
person, firm or private corporation is a misdemeanor.
Compliance with City Charter
By acceptance of the franchise, Grantee specifically agrees
that:
(A)
Grantee shall be subject to and will perform on it's
part all the terms of Sections 91 - 102 inclusive of the
Charter of the City of Columbia Heights.
(B)
Grantee shall not issue any capital stock on account of
the franchise or the value thereof, and that the Grantee
shall have no right to receive, upon condemnation pro-
ceedings brought by the City to acquire the public util-
ity exercising such franchise, any return on account of
the franchise or its value.
(c)
That no sale or lease of said franchise shall be active
until the assignee or leasee shall have filed in the
office of the City Manager an instrument, duly executed,
reciting the fact of such sale or lease, accepting the
terms of the franchise, and agreeing to perform all the
conditions required of the Grantee thereunder,
(D)
That every grant of permission contained in the
franchise for the erection of poles, masts, or other
fixtures in the streets and for the attachment of wires
thereto, or for the laying of tracks in, or of pipes or
conduits, under places of any permanent fixtures what-
soever, shall be subject to the condition that the coun-
cil shall have the power to require such alterations
therein, or relocation or rerouting thereof, as the
council may at any time deem necessary for safety,
health, or convenience of the public, and particularly
that it shall have the power to require the removal of
poles, masts, and other fixtures bearing wires and the
placing underground of poles, masts, and of other fix-
tures bearing wires and the placing underground of all
wires for whatsoever purpose used.
(E)
Acceptance of the franchise, and every extension or
renewal or extension thereof shall be in writing by the
Grantee within thirty days after its passage by the
-45-
11,117(8)
council and before its submission to a vote of the
people in case of a referendum. No such franchise shall
be binding upon the City until its acceptance by the
Grantee. Such acceptance shall be construed to be an
acceptance of and consent to all the terms, conditions,
and limitations contained in the ordinance granting the
franchise as well as of the provisions of the Charter of
the City of Columbia Heights.
Continuing Supervision and Regulatory Jurisdiction
The City sh"11 have continuing regulatory Jurisdiction and
supervision over the System and the Grantee's operation under
the franchise. The City may issue such reasonable rules and
regulations concerning the construction, operation and main-
tenance of the System as are consistent with the provisions
of this agreement.
The Grantee shall construct, operate and maintain the System
subject to the supervision of all the authorities of the City
who have Jurisdiction in such matters, and in strict
compliance with -11 laws, ordinances, departmental rules and
regulations affecting the System. The System and "11 parts
thereof, shall be subject to the right of periodic inspection
by the City.
The officer responsible for the continuing administration of
the franchise on behalf of the City shall be:
11.118
11.118(1)
11.118(2)
11.118(3)
Name
Title: City Manager
Joint System, Acceptance, Incorporation of Grantee's
Proposal, Exhibits
The system intended for the City may be part of a Joint
system that serves the Cities of Columbia Heights and
Hilltop.
Grantee will, in good faith, apply for and accept, if offered
to it, a Franchise from both Cities on all the same terms and
conditions herein provided. Failure to do so shall cause
this ordinance to be void.
The Franchise ordinance shall be in full force and effect
thirty-one (31) days after its passage provided Grantee
accepts the Franchise within thirty (30) days of passage.
Upon acceptance, Grantee shall be bound by all of the terms
and conditions contained herein. Grantee shall provide "11
services and offerings specifically set forth in Grantee's
-46-
Proposal to provide cable co~munication service ~rlthin City
and other cities included in or a part of a Joint system,
and, by its acceptance of the Franchise, Grantee specifically
agrees to be bound by Grantee's Proposal, including all pro~-
iaea, offers, representations and inducements contained
therein. The failure to refer to Grantee's Proposal in any
specific provisions of this Franchise shall not be a limita-
tion on the obligation of Grantee to fully comply with said
Proposal that all promises, offers, representations and
ducements contained in the Grantee's Proposal were freely and
voluntarily made to City by Grantee. Grantee's Proposal
shall be permanently kept and filed in the office of the City
Clerk and the originals or reproductions thereof shall be
available for inspection by the public during normal business
hours.
11.118(4)
In the event of conflicts or discrepancies between any part
of Grantee's Proposal and the provisions of the Franchise,
those provisions which provide the greatest benefit to City,
in the option of the Council, shall prevail.
Grantee shall have continuing responsibility for the
Franchise, and if Grantee be a subsidiary or wholly owned
corporate entity of a parent corporation, performance of the
Franchise shall be secured by guarantees of the parent cor-
poration in form and substance acceptable to City, which
shall be delivered at time of, and as part of, acceptance of
this Franchise.
With its acceptance, Grantee shall also deliver to City an
opinion from its legal counsel, acceptable to City, stating
that the Franchise has been duly accepted by Grantee, that
the guarantees have been duly executed and delivered, that
the Franchise and the guarantees are enforceable against
Grantee and the guarantors in accordance with their respec-
tive terms, and which opinion shall otherwise be in form and
substance acceptable to City.
With its acceptance, Grantee also shall deliver to City true
and correct copies of documents creating Grantee and evidenc-
ing the power and authority referred to in the opinion of
Grantee's counsel, certified as of a then current date by
public office holders to the extent possible and otherwise by
an officer of Grantee.
Each exhibit is a part of the Franchise and each is specifi-
cally incorporated herein by reference. The exhibits are as
follows:
Exhibit A: Constitutional Network Facilities Locations
Exhibit B: Construction Schedule
-47-
Exhibit C:
Exhibit D:
Exhibit G:
Construction Schedule Nap
Su~m~ry of Services as Allocated to Channels
Su,~,ary of 1~ and Audio Service
Subscriber Rates
September 28, 1981, letter fro~ Teleprompter
regarding Video Production Facilities, Staff
and Budgets for Access Programmins
First reading:
Second reading:
Date of passage:
OCTOBER 26, 1981
NOVEMBER 9, 1981
.NOVEMBER 9, 1981
Offered by: HEINTZ
Seconded by: LOGACZ
Roll call: NORBERGLOGACZ' _HEINTZ'NAY HENTGES,~//z/~~/////NAWROCKI - .A~ff .
Bruce'G. Nawrocki, ~ayor
/Jo-Ann~ Student, Se~ry to the Council
-48-
EXHIBIT A
INSTITUTIONAL NETWORK FACILITIES LOCATIONS
The following institutions will each receive a modulator and a character generator as well as being connected to the
institutional network at no cost:
Columbia Heights City Hall
590 40th Avenue NE
Columbia Heights Public Library
820 40th Avenue NE
Hilltop City Hall
4555 Jackson St NE
Columbia Heights School District Superintendent
1400 49th Avenue NE
Columbia Heights Community Center
(Location to be determined by the City)
The following institutions will receive, at no charge, a modulator and connection to Teleprompter's institutional network:
Highland Elementary School
1500 49t~ Avenue NE
Central Middle School
900 40th Avenue NE
Columbia Heights Senior High Stadium
1400 49th Avenue NE
Immaculate Conception School
4053 Quincy Street NE
Parkview Villa
965 40~h Avenue NE
Fire Department Training Classroom
555 Mill St NE
Department of Public Works (Columbia Heights Service Center)
637 38th Avenue NE
Columbia Heights Municipal Liquor Store #2
322 40th Avenue NE
Columbia Heights Municipal Liquor Store #3
5225 University Avenue NE
Murzyn Hall
530 Mill St NE
Police Department
559 Mill Street NE
Valley View Elementary
800 49th Avenue NE
Columbia Heights Senior High
1400 49th Avenue NE
Fire Department
555 Mill Street NE
The locations listed below will be connected to Teleprompter's Institutional Network at no charge. Two
modulators will be provided which can be moved from location to location to facilitate program origination.
Columbia Heights Municipal Liquor Bar
4025 Central Avenue (or new location as designated by City)
Huset Park Bandshell
530 Mill St NE
Gauvitte Park
4333 2nd Street NE
LaBelle Park
1150 42nd Avenue NE
Mathaire Park
4956 Johnson St NE
McKenna Park
4757 7th Street NE
Keyes Park
1345 45 '/2 Avenue NE
Ostrander Park
1500 40th Avenue NE
Prestemon Park
39th & McKinley
Sullivan Lake Park
721 51st Avenue NE
Southwest Park
80 39th Avenue NE
Silver Lake Beach
43''d & Stinson NE
Edgemoore Park
40th and 2nd Street NE
Hilltop Park
4657 Heights Drive
Kordiak Park
49th Avenue NE
Further, as soon as the Minnesota Cable Communications Board rules permit, and the City Councils of Columbia
Heights and Hilltop agree, Teleprompter will provide a modulator to North Park Elementary School, 5575
Fillmore St NE, and connection to Teleprompter's Institutional Network free of charge.
EXHIBIT B
CONSTRUCTION SCHEDULE BY MILEAGE
(Basic Subscriber Network Only)
Months
Category Phase I Phase II
0 to 6 7 to 12
a. Aerial plant miles 35.2 23.4
b. Underground plant 11.8 13.2
miles with conduit
c. Underground plant 0 0
miles w/o conduit
d. Total plant miles 47.0 36.6
(For year specified)
e. Cumulative plant 47.0 83.6
miles completed
(Inception to date)
f. Cumulative percentage 56.2 100.0
completed
(Inception to date)
Note: The construction period begins on the date that the Minnesota Cable Communications
Board confirms the franchise.
Columbia Heights,tHilllop
Conslrudion Schedule
=. NE
4$th Av~. NE
EXHIBIT D
SUMMARY OF SERVICES AS ALLOCATED TO CHANNELS
UNIVERSAL
Public Access
Regional Interconnect
Educational Access
Leased Access
Government Access/Emergency Alert Channel
Local Origination/Community Bulletin Board
Religious Access
Program Guide
MINI-BASIC
All services listed above, plus:
KTCA-TV
WCCO-TV
KSTP-TV
KMSP-TV
WTCN-TV
Youth Access
KTCI-TV
Medical/Health Access
Local Origination (Local & State News)
Community Bulletin Board/Community Trading Post
Transportation Information
Trinity Broadcasting/People That Love/
National Christian Network/Christian
Broadcasting Network
Weather Radar/Time
*Home Theatre Network
*Front Row
BASIC
All services listed above, plus:
American Educational TV Network/Appalacian
Community Service Network
USA Network (Sports, Calliope, English Channel)
Black Entertainment Television
Cable-Satellite Public Affairs Network
Women's Channel/BETA
Nickelodeon/ARTS
Modem Satellite Network
Satellite Programming Network
Entertainment and Sports Programming Network
Cable News Network
WGN-TV
WTBS-TV
WOR-TV
The Music Channel
UPI Newswire
*Bravo
*Home Box Office
*Showtime
*Movie Channel
*Cinemax
*RCTV
*Public Subscriber Network
INTERACTIVE
All services listed above, plus:
*Reuters IDR
*Pay Per View
Interactive Services
*pay-cable channels
EXHIBIT E
SUMMARY OF FM & AUDIO SERVICES
Local FM stations (minimum 19)
Shortwave stations (minimum 3)
Audio Access
Talking Books Network
Simulcast Pay Audio
EXHIBIT F
SUBSCRIBER RATES
Teleprompter of Columbia Heights/Hilltop, Inc., proposes the following installation charges and
monthly fees for its various services:
Tier I 8 channels
Universal
First Outlet
Additional Outlet
Relocation/Reconnection
Tier II 25 Channels
Mini-Basic Service
First Outlet
Additional Outlets
Relocation/Reconnection
Tier III 46 Channels
Basic Service
First Outlet
Additional Outlets
Relocation/Reconnection
Tier IV 52 Channels
Interactive Service
First Outlet
Additional Outlets
Relocation/Reconnection
Monthly Rate
No Charge
No Charge
Not Applicable
$3.95 *3
$2.95 *3
Not applicable
$7.95 *3
$3.95 *3
Not applicable
Installation Rate
$39.95
$39.95
$14.95
$14.95 *2
Free/S14.95
$14.95
$14.95 *2
Free/S14.95
$14.95
$10.95 *3
$3.95/$6.95 *7
Not Applicable
$14.95 *2
Free/S14.95
$14.95
*4
*4
FM Radio Service *5
First Outlet $1.95 *3 Free/S14.95 *4
Additional Outlets Free Free/$14.95 '4
Relocation/Reconnection Not applicable $14.95
Teleprompter Lifeline *6
(Burglar/Fire Alarm and $13.50 $99.00 and up
Medical Alert Service)
See following page for footnotes.
*1
With the Mini-Basic Service, two mini-pay TV services (Home Theater Network and Front Row)
are available for an additional monthly service charge. With the Basic Service and Interactive
Service, all Maxi-Pay services and all Mini-Pay services are available, each for additional
monthly service charges.
*2
No installation charge for Mini-Basic, Basic or Interactive Services for 90 days after cable
service is first offered in an area. In addition, installation charges may be waived or reduced at
certain times for promotional purposes.
*3
Fifteen percent (15%) discount for senior citizens (heads of households, age 65 and over) and
handicapped (heads of households and as defined by Minnesota State Law) for the Mini-Basic,
Basic, Interactive and FM Services; this excludes Lifeline.
*4 Installation is free if installed at same time as first outlet; $14.95 if installed at a later date.
*5 Not available without cable television service.
*6
Installation and service charges for Teleprompter Lifeline depends upon the number of
monitoring devices (e.g., smoke detectors, emergency alert buttons) subscriber wishes to have
installed. Teleprompter will actively seek federal aid to assist senior citizens in their payment of
these services. Lifeline is available with or without other cable services. Final price contingent
on conclusion of negotiations with local monitoring companies.
*7
$3.95 for additional outlet without addressable or interactive capability; $6.95 includes fully
addressable and interactive service.
COMMERCIAL-ACCOUNT CHARGES--All hotels, motels, TV retail and service stores, nursing
homes, and hospitals.
The maximum monthly service charge per outlet of commercial usage is 50 percent of the residential
first-set rate for the same service. Installation charges will be determined on an individual basis after an
engineering survey of the facility has been completed. In no event will the charges exceed the standard
installation charge on a per unit basis.
BULK RATE ACCOUNT CHARGES--All apartment buildings, condominiums, trailer parks, etc.,
having five or more single family dwellings at the same or contiguous service address with single point
billing.
Billing for bulk-rate accounts is based on total units, whether occupied or not. The maximum monthly
service charge per outlet for this category is 80 percent of the residential first-set rate for the same
service. Installation charges will be determined on an individual basis after an engineering survey of the
facility has been completed. In no event will the charges exceed the standard installation charge on a per
unit basis.
OTHER RATES
If deposit is required for converter, state amount and describe conditions relating to ownership,
use, repair, and replacement.
A converter deposit is not required.
Pay Cable: Detail proposed rates that will be charged for pay cable services. Include charge if
any, for lock-out devices and equipment installation. Indicate whether charges are monthly or
assessed on a one time basis.
Pay. TV Service
Monthly Rate *fi&~
Installation Charge _*3,g, & 5
Showtime $7.95 Free/$14.95
Home Box Office $7.95 Free/S14.95
Cinemax $7.95 Free/S14.95
The Movie Channel $7.95 Free/$14.95
RCTV See Note 8 Free/$14.95
Public Subscriber Network See Note 8 Free/S14.95
Bravo! See Note 9 Free/$14.95
Home Theater Network $4.50 Free/$14.95
Front Row $4.50 Free/$14.95
*1
*2
*3
*4
*5
*6
*7
*8
*9
None of the pay television products offered by Teleprompter will be X-rated. Nonetheless,
Teleprompter of Columbia Heights-Hilltop will provide a free "lock out" provision, upon
request, which will allow parents to "lock out" pay television programming they feel their
children should not see.
Home Theater Network and Front Row available on Mini-Basic Service. All pay services are
available on Basic and Interactive Services.
Free installation is installed at the same time as Basic or Interactive Services; $14.95 if installed
at a later date.
Teleprompter may waive or reduce installation charges at certain times for promotional purposes.
Installation is free if installed at same time as first pay television outlet; $14.95 if installed at a
later date.
There is a five percent discount on the monthly charges for all pay services beyond the initial
one.
No charge for pay services on additional outlets (subscriber must purchase basic additional
outlet).
Teleprompter will offer RCTV and Public Subscriber Network for which an installation and
monthly rate will be charged. Rates for this service will be determined when firm contracts are
negotiated with vendors.
Bravo! Will be offered when available as a separate service at a rate to be determined when firm
contracts are negotiated with the vendor.
OTHER RATES -- continued
page 5 of 5
Studio and Equipment Usage
Describe studio and equipment usage rates for commercial and noncommercial
users. Include rates for such services as studio production time, remote
production time, supervision and instruction, leased channel costs, system
playback costs, and editing costs.
No charge is made to non-leased access users.
Leased Access:
a. Commercial
1. Studio production time $ 100.
2. Remote production time ~ 200.
3. Supervision and instruction. $ 50.
4. Leased channel costs $ 100.
5. System playback costs $ 100.
6. Editing costs $ 100.
b. Noncommercial
per hour
per hour
per hour
per hour
per hour
per hour
1. Studio production time $ 50.
2. Remote production time $ 100.
3. Supervision and instruction $ 25.
4. Leased channel costs $ 50.
5. System playback costs $ 50.
6. Editing costs $ 50.
per hour
per hour
per hour
per hour
per hour
per hour
4. Service to Governmental and Educational Facilities
a. Installation Fees:
(1) One cable outlet (per facility)
(2) More than one outlet (per facility
b. Monthly Rate
$ No charge
$ Time and material
$ No charge
SEPTE~BZR 28, 1981, LETTER FROB TELEPRO~TER ILE6ARDING VIDEO PRODUCTION FACILI-
TI'ES, STAFF AED BUDGETS FOR ACCESS PROCRAI~IINC
"TEL£PROMPTER CORPORATION
90 SOUT~ S~X'TH STREET
MINN£APOLIS, MINNESOTA ~540~ (612) a32-0301
September 28, 1981
Fir. Dave Szurek, Chairman
Columbia Heights/Hilltop Citizens Advisory
Commission on Cable Communications
I City of Columbia Heights
590 &0th Avenue
Columbia Heights, Hlnnesota
Dear Hr. Szurek:
At the August 12, 1981, ueeting of the Columbia Heights/Hilltop Cable Advisory
Board we were asked to develop a local origination and access plan which would
include a second full-time person for access program~ing and eliminate some of
the proposed equipment. At your meeting of September 16, 1981, you requested
further revisions to our master control. This letter is in response to your
request.
In developing this plan we have been mindful not to change the "bottom line"
financially. The addition of a person to our access staff viii necessitate
the elimination of some equipment. CTIC and Teleprompter believe that the
ate of return on capital investment should be approximately fourteen per
cent (14%) per year. Further, Teleprompter utilizes equipment depreciation
lives of eight years on mobile equipment and ten years on fixed origination
and access equipment. Therefore, the "bottom line" cost per year is approx-
imately twenty-six per cent (262) of the original investment. The addition
of a second person at $13,000 per year, with $1,950 in benefits,will necess-
itate the eli~ination of approxi~ately $57,500 in capital.
Our proposal as submitted included the folloving equipment package:
Local Origination Studio
Local Origination Van
Haster Control
Portable Studio for Local Origination
Access Studio
Access Van
Three Portable Studios for Access
T~o FH Studios for Access
TOTAL
$ 81,843
37,515
50,34a
7,682
16,566
37,515
23,046
9,393
$292,909
T£I.EPROMPTER CORPORATION
Hr. Dave Szurak
Sept~ber 28, 1981
Fade ~o
In response to your inquiry at the meeting we pointed out that there v&s
included in our hesdend breakdown $17,700 of equipment which could be
eliminated. That includes $1&,O00 for the two non-duplication switchers
and $3,?00 for FH access equipment. The non-duplication switchers are
no longer needed because the Second Circuit Court of Appeals has upheld
the repeal by the Federal Co=~unicstion Commission of the syndicate ex-
clusivity rules. The FM access studio duplicates equipment included in
the local origination and access equipment package.
The equipment package which would be used if an additional access person
was added at $13,000 per year would include the following:
Local Origination and Access Studio
Local Origination and Access Van
I/aster Control
Three Portable Studios for Access
TM Studio for Access
TOTAL
$ 81,843
92,224
53,344
23,046
4,699
$255,156
The total equipment savings, including both headend deletions and the com-
bination of the vans, studios, portable studios, and the elimination of
m FH access studio, is $55,453. The difference in capital eliminated to
chat to which the additional person is the equivalent is approximately
$2,000, less than 1% of the total equipment capital.
We have attached total equipment lists for the review of your Board and
your consultant. The consolidation of vans and studios allows us to offer
a mobile van with complete editing and product/on enhancement equipment.
We have added two additional video tape recorders to our master control
as requested by your consultant.
If you have any further inquiries, please feel free to contact Teleprompter.
~ours very~ruly, [
Roger ~ Fr~nke
Minn~a Franchising Manager
Attachments
FORM K
LOCAL PROGRAMMING
LOCAL PROGRAM PRODUCTION EQUIPMENT AND FACILITIES
Applicants should list all studio facilities and equipment which will be provided for local
program production. Although facilities may be available to all classes of users, please note that
access studios and equipment (listed on page 2) are for priority use of access channel users, and
should exclude any facilities or equipment listed on page 1.
Please indicate location of production facilities and list make, model number, and your
approximate cost for each piece or grouping of equipment.
1. Local Origination Studio: Main Color Studio
a. Location (approximate): Headend
b. Size (approximate):
20 fl by 20 ft
c. Will this facility also serve as an access studio?
Yes ~2No
Local Origination Equipment List (provide make, model number, and your approximate
cost for each piece of grouping or equipment*). Do not include equipment available to
access channel users on an exclusive or priority basis. Include equipment to be used
exclusively for cablecasting local origination programs on the system.
COLOR STUDIO
Teleprompter's color studio consists of two high quality Hitachi FP 20S color television cameras
connected to a production switcher that has elaborate special effects capabilities. To enhance the
professional quality of cable productions, two VO 2860 videotape recorder-players can be used
in conjunction with a Sony RM 430 electronic editor. The studio also includes a video titler for
superimposing credit lines and other text over video images.
*It will be presumed that equipment described or its equivalent will be provided. As an
alternative, applicant may provide detailed specifications for such equipment.
FORM K
COLOR STUDIO CONTINUED
QLIANTITY
2
DESCRIPfflON
Color camera 3 station
With view Fmder &
Servo zoom lens
Complete package
Includes: Per Camera
Camera Head
Vertical Enhancer
Microphone
VTR Cable
Battery Case
Carrying Case
Viewfinder
AC Adaptor
Grip
Battery
Battery Charge
Service Manual
Camera Accessories:
Genlock module
Shoulder pad
Spare battery
Spare battery holder
Spare micro charger
Quick charger
Spare VTR cable (6 ft)
VTR cable (15 ft)
Spare Service Manual
Camera Studio Accessories:
Operation panel with 50' cable
(C-152CC)
150' extension cable
Studio adaptor with 7"
Viewfmder (VM-703)
Portable 10:1 10-100mm F 1.6
Auto iris manual zoom (servo zoom opt)
Servo zoom module for H10X10.SRH
Servo control grip for H10X10.SRH
Rear conversion kit for servo zoom and
Manual focus
MAKE
Hitachi
MODEL
FP20S
FP-20
VE-106A
MC-30B
C-201CK
DH-12
CL-20
VM- 154
AP-60
GR-60
DP-12
BC-12
SVM-20
GL-20
SP-60
DP-12
DH-12
BC-12
OC-12
C-201CK
C-501CK
SVM-20
OP 60
C502CC
SA 60
H10X10.5RH
ZSM I0
SRD 51
SCK 51
FORM K
QUANTITY
2
2
1
2
2
2
4
1
1
1
1
1
2
DESCRIPTION
Tripod with fluid head
Dolly
B & W Camera
Video tape recorder U-Matic
Color player used for playback
& to feed VO-2860 for editor
Editor electronic for control of
VO-2360 for editing
10" Rack mounted B & W monitors
12" Trinitron color monitor/receiver
12" Trinitron color monitor/receiver
Microphone lavalier
Microphone omni-directional
Audio mixer 6 input ch.
2 output ch.
Audio/video switcher
Video switcher
Time base corrector
Headset
Studio Lighting Kits
Racks
Audio & Video cable & connectors
Patch Panel
Miscellaneous
Video production switcher & special
Effects generator
8" speakers for audio-monitoring
MAKE
Comprehensive
Comprehensive
Panasonic
Sony
Sony
GBC
Amtron
Amtron
Sony
Electro-voice
Sony
Dynair
Dynair
CVS
Telex
Berkey
Colortron
Premier
Belden & Amp
Trompeter
Echo labs
Lafaye~e
MODX_~
TR-76
TRD
341P
VO-2860A
RM430
MV 10A
TR-12R/M
PC-U-D-B
TR-12 R/M
ECM-150
635A
MX-650
VSX12X2A
VSX6X1
510
9450
Mark II
SE-2
21A0754B
FORM K
QUANTITY
1
1
1
1
1
1
5
5
DESC~
Audio amplifier stereo
Video Titler
Waveform monitor
Vector Scope
Distribution amplifier frame
Distribution amplifier power supply
Video distribution amplifier
Audio distribution amplifier
TOTAL EQUIPMENT COST =
MAKE MOi2F~
Lafayette 99A03691
Videodata TM 1024S
Tektronix 52B
Tektronix 1420
DiTech 103
DiTech 801
DiTech 110
DiTech 170
$81,843
Which of the equipment items listed will also be available for access use?
All equipment, when not in use for local origination programming, will be available to
access users should the dedicated access equipment be temporarily unavailable.
FORM K
LOCAL PROGRAMMING
LOCAL PROGRAM PRODUCTION EQUIPMENT AND FACILITIES
Applicants should list all studio facilities and equipment which will be provided for local program
production. Although facilities may be available to all classes of user, please note that access studios and
equipment (listed on page 2) are for priority use of access channel users, and should exclude any
facilities or equipment listed on page 1.
Please indicate location of production facilities and list make, model number and your approximate cost
for each piece or grouping of equipment.
Local Origination Studio: Master Control Center
a. Location (approximate): Headend
b. Size (approximate): 15 ft x 30 ft
C.
Will this facility also serve as an access studio? X. Yes (1) No
Local Origination Equipment List (provide make, model, number and your approximate cost for
each piece or grouping of equipment*). Do not include equipment available to access channel
users on an exclusive or priority basis. Include equipment to be used exclusively for
cablecasting local origination programs on the system.
Master Control Center
Teleprompter's master control will regulate the airing of automated services, videotapes, films, slides,
and live productions. Through use of this facility, Teleprompter's local origination and access
programming as well as automated services will maintain professional quality at all times. To ensure
continuos operation, the master control will be provided with a generator, automation transfer and
exercise panel for use in the event of a commercial power failure.
*It will be presumed that equipment described or its equivalent will be provided. As an alternative,
applicant may provide detailed specifications for such equipment.
(1) The Master Control Center will control all programming including local origination and local
programming.
FORM K
MASTER CONTROL CENTER CONTINUED
QUANTIT55 DES.CRIP. TIO~
1 Routing switcher with 15 x 15
8 B & W monitor
2 Color monitor/recorder
1 Wave forms/monitor
1 Audio amplifier
2 Speaker
2 Headphone
1 Waveform monitor
Patch Panels
Racks & hardware
Cables & connector
1 Generator 15 KW
4 Color TV
14 B &WTV
1 Multiplexer mobile &
Support table/slide
Dissove unit
2 Kodak ektagraphic 35mm Kodak
Projected slide
1 Film Camera System
Complete package incl:
GP-7 Camera Head
GL-Genlock Module
AP-60 AC Adapter
1 Studio Accessories
Operation panel with
50 ft. Cable (C-152CC)
Fujinon 5:1 20-100 mm
F1.8 Auto Iris, Cable Drive
Studio Lens
MAKE
DiTech
GBC
Amtron
Tektronix
Bogen
Lafayette
Koss
Tektronix
Trompeter
Belden & Amp
Onan
Panasonic
Panasonic
Buhl
Hitachi
Hitachi
MDDY_.&
5400
MV 10ARM
TR-12 R/M
PC-U-D-8
52B
C-10
27A754B
Pro 4AA
1480
JSI 52
15.OJC-3CR
CT-22B
CT- 1202
B-2AR
OP-7
C5X20RW-A
FORM K
QUANTITY
3
3
2
2
2
DESCtlIPXION MAKE MODY_,L
Audio Mixer Shure M67
Omni-directional mike Electro-voice 635-A
Tuner Kenwood 5500
Character Generator Video Data CG832A
Video tape players for Sony VO~2860
Playback
TOTALEQUIPMENTCOST
$53,344
Which of the equipment items listed will also be available for access use?
The Master Control Center will control all programming, including local origination and local
programming.
FOt~/I K
LOCAL PROGRAMMING
LOCAL PROGRAM PRODUCTION EQUIPMENT AND FACILITIES
Applicants should list all studio facilities and equipment which will be provided for local program
production. Although facilities may be available to all classes of users, please note that access studios
and equipment (listed on page 2) are for priority use of access channel users, and should exclude any
facilities or equipment listed on page 1.
Please indicate location of production facilities and list make, model number and your approximate cost
for each piece or grouping or equipment.
1. Local Origination Studio: Mobile Color Van
a. Location (approximate):
To be based at the headend
b. Size (approximate):
Not applicable
c. Will this facility also serve as an access studio? X Yes No
This mobile facility will be utilized for remote productions for local origination and local
access.
Local Origination Equipment List (provide make, model number and your approximate cost for
each piece or grouping of equipment*). Do not include equipment available to access channel
users on an exclusive or priority basis. Include equipment to be used exclusively for
cablecasting local origination programs on the system.
COLOR VAN
Teleprompter's color van is a mobile studio on wheels, which can be driven anywhere for shooting on
location. The color van contains two quality color cameras and a video production switcher that is
capable of special effects such as dissolves and split-screen imaging. To enhance the mobile studio's
production capabilities the van also contains a professional U-Matic videotape recorder/player/editor for
electronically editing footage. The color van is also equipped with a video titler for superimposing credit
lines and other text material over images. The van also contains a power generator to provide electrical
power in the field when commercial power is unavailable, plus a heating and air conditioning system to
protect equipment and personnel from the elements.
*It will be presumed that equipment described or its equivalent will be provided. As an alternative,
applicant may provide detailed specifications for such equipment.
QUANTITY
2
DESEKLPIID~
Color camera 3 saticon with
View finder & servo zoom lens
Hitachi
Complete package includes:
Per camera
Camera Head
Vertical Enhancer
Microphone
VTR Cable
Battery Case
Carrying Case
Viewginder
AC Adapter
Grip
Battery
Battery Charger
Service Manual
Camera Accessories
Genlock module
Shoulder pad
Spare battery
Spare battery holder
Spare micro charger
Quick charger
Spare VTR Cable (6 ft)
VTR Cable (15 ft)
Spare Service Manual
Camera Studio Accessories
Operation panel w 50 ft cable (C 152CC)
150 ft extension cable
Studio adapter with 7" viewfinder (VM703)
Portable 10:1 10-100 mm F 1.6
Auto iris manual zoom
(Servo zoom opt)
Servo zoom module for H10X10.5RH
Servo control grip for H10X10.5RH
Rear conversion kit for servo zoom
And manual focus
FP20S
FP 20
VE 106A
MC 30B
C 201CK
DH 12
CL 20
VM 154
AP 60
GR 60
DP 12
BC 12
SVM 20
GL 20
SP 60
DP 12
DH 12
BC 12
OC 12
C201CK
C502CK
SVM 20
OP 60
C502CC
SA 60
H10X10.5RH
ZSM 10
SRD 51
SCK 51
QUANTITY
2
2
1
2
6
1
2
2
4
1
1
1
1
1
2
1
DESC~
Tripod with fluid head
Dolly
B & W Camera
Video tape recorder U-Matic color
Player used for playback & to
Feed VO-2860 for editor
Editor electronic for control of
VO-2860 for editing
10 inch rack mounted B & W monitor
12" Trinitron color monitor/receiver
12" Trinitron color monitor/receiver
Microphone lavalier
Microphone omni directional
Audio mixer 6 input channel
2 output channel
Video switcher
Audio/video switcher
Time base corrector
Headset
Studio lighting kits
Rack
MAKE
Comprehensive
Comprehensive
Transonic
Sony
Sony
GBC
Amtron
Amtron
Sony
Electro-voice
Sony
Dynair
Dynair
CVS
Telex
Berkey Colortron
Premier
MODEL
TR 76
TRD
341P
VO-2860A
R4430
MV 10A
TR-12 R/M
PC-U-D-B
TR-12 R/M
PC-U
ECM-150
635A
MX-650
VSX6X1
VSX 12X2A
510
9450
Mark I1
QUANTITY
1
1
1
1
1
2
5
5
2
DESCRIPTiO~I
Audio & Video
Cableing & Conn.
Patch Panel
Misc.
Production switcher with
Chromekeyer
8" speakers for audio
Monitoring
Audio amplifier stereo
Video Titler
Waveform Monitor
Vector Scope
DA Frame
DA Power Supply
Video distribution ampl.
Audio distribution ampl.
6500 Watt AC Generators
13700 BTU Air Conditioner
Belden &
Amp.
Trompeter
American Data 2104-10
Lafayette 21A0754B
Lafayette 99A03691
Videodata TM1024S
Tektronix 52B
Tektronix 1420
DiTech 103
DiTech 801
DiTech 110
DiTech 170
Onan G-5NH-3CR
16000
JC Whimey 19-8530XE
Total Equipment Cost = $92,224
FORM K
ACCESS PRODUCTION EQUIPMENT, FACILITIES AND SUPPORT
Please describe local origination facilities and list equipment, if any, that will be available to access
channel users on an exclusive or priority basis. Do not include local origination equipment listed on
Form K, page 1.
1. Access Studios: Three (3) Portable Studios
Locations (approximate):
Two (2) at main access studio (1 for educational access
and 1 for public access; one (1) at high school.
b. Size (approximate):
Not applicable
List access equipment that will be made available to access channel users on an exclusive or
priority basis (provide make and model number and your cost).* Include equipment to be used
exclusively for cablecasting access programs.
Portable Color Studio/Color Porta-Pak
Each of Teleprompter's portable color studio Port-Paks will provide live color single-camera capability
plus a videotape recorder-player that can be used to cablecast both live and prerecorded programming.
To ensure the utmost in flexibility, the entire portable studio configuration can be battery powered to be
used remotely in the field.
QZTANTITY DE S CRIPIION MAKE MODEL
1 Portable videotape recorder Sony VO 4800
1 Portable Color Camera Hitachi GP 7A
Complete package includes:
Per camera
Camera Head GP-7
Battery DP-60
AC Adapter AP-60
6:1 F2 Zoom V6X17
Carrying Case CL-7
Viewfinder VM- 151A
*It will be presumed that equipment described or its equivalent will be provided.
FORM K
PORTABLE COLOR STUDIO/COLOR PORTA-PAK (CONTINUED)
QUANTITY ~ MAKE
Battery charger
Hand Grip
VTR Cable
Camera Accessories
Genlock Module
Shoulder pad
Spare 1.5 battery
Spare 12 hour charger
External microphone
Spare VTR cable (6 ft)
VTR cable (15 ft)
Service Manual
Portable Color Monitor
Headset
Audio Mixer
Omni-Directional
Microphones
Wind Filters
Microphone Cable
Light Set
100 ft. Extra Cord (AC)
Shipping Cases
Tripod, Cam Head & Dolly
Battery
AC Adapter
Carry Bar and Mobile Cart
MODEL
BC-7
GR-60
C-201CK
GL-7
Sp-7
DP-60
BC-7
MC-30B
C-201CK
C-501CK
SVM-GP7
Sony PVM-8000
Telex 9450
Shure M67
Elec~o-voice 635A
Comprehensive NA
Comprehensive NA
Color Tran
AWG
Zero Prod.
GBC
Sony
Sony
Mark 2
#14
NA
T-3
BP-60A
BC-1000
Comprehensive NA
Total equipment cost = $7,682
FORM K
ACCESS PRODUCTION EQUIPMENT, FACILITIES AND SUPPORT
Please describe local origination facilities and list equipment, if any, that will be available to access
channel users on an exclusive or priority basis. Do not include local origination equipment listed on
Form K, page 1.
Access Studios:
a.
b.
FM Stereo Radio Access Studio
Locations (approximate): One (1) based at the main access studio
Size (approximate): Not applicable
2. List access equipment that will be made available to access channel users on an exclusive or
priority basis (provide make and model number and your cost).* Include equipment to be used
exclusively for cablecasting access programs.
CABLE STEREO FM RADIO STUDIO #1
Teleprompter's cable FM radio studio will be high-quality stereo cable radio station equipped with a tape
cartridge recorder/playback machine that's a tape delay recorder/player for live telephone interviews to
prevent spurious or prank telephone calls from being aired. The studio features two turntables for
playing record albums plus a reel to reel tape recorder for playing and recording other audio material.
The studio also contains a stereo mixer to control the input and output of all programming. The entire
studio is housed in a custom-built cabinet.
QUANTITY D~_,SCRIPTiON MAKE MODEL
1 Headset Telex 9450
1 Tape cartridge Spot Master 2000RP
recorder/playback
1 Tape delay Spot Master 500 D/DL
recorder/playback
2 Record player Panasonic SLH401
Tape recorder Wollensak 2520AV
It will be presumed that equipment described or its equivalent will be provided.
FORM K
CABLE STEREO FM RADIO STUDIO (Continued)
QUANTITY
3
1
DESCRIPXION
Microphone omni-directional
Audio mixer 6 input channels
2 output channels
8" speaker for audio monitoring
Audio amplifier stereo
Customized cabinetry
Cable
Total Equipment Cost = $4,699
Electro-voice
Sony
Lafayette
Lafayette
635-A
MX 650
21A0754B
99A03691