HomeMy WebLinkAboutNovember 16, 2000 (2)CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (61 2) 782-2800 TDD 782-2806
Please Note: Our phone numbers have changed. The new general number is 706-3600.
MEETING OF
THE TELECOMMUNICATIONS COMMISSION
7:00 PM, THURSDAY, NOVEMBER 16, 2000
CITY HALL CONFERENCE ROOM
Please contact Shelley at 706-3614 if yon are linable to attend.
AGENDA:
1. Call to Order
2. Roll Call
Approval of the Minutes of the Meeting of September 21, 2000
4. Old Business
a. Channel Check
b. Correspondence Log and Company Follow Up on Complaints-#138-Doury
c. Status of Ordinance Regulating Telecommunications Towers/Antennas
d. Status of Franchise Fee Audit
e. Other Old Business
5. New Business
a. Request from Wide Open West for Application to be placed on temporary "Hold"
b. Report of Legal, Technical, and Financial Qualifications of Everest Connection Corporation
c. Receipt of 3rd Quarter Franchise Fee
d. Notice of Price Increase for Adult Pay Per View
e. Change in Billing Systems for Digital Telephone Service Only
f. Notification of Digital Service Packages
g. Annual Holiday Dinner
h. Web Site Update
i. Other New Business
6. Reports
a Report of Commissioners Assigned to Access Channels:
Educational Access--Dennis Sh'oilc; Library Access-Bob Buboltz; Government Access--Ken Henke; Public Access-
-Reuben Ruen
b. Report of AT & T Broadband-
September 2000 Reports
--Programs Produced
--Installation and Service Activity Report
--Current Channel Liue Up and Service Charges
c. Report of the CaUle Attorney
d. Report of the Assistant to the City Manager
7. Adjournment
Attachments
The City or Colombia Heights does not discriminate on the basis of tlisnbillty in the admission m• recess to, or b•entment or employmmlt in, its
services, programs, m• activities. Upon request, neeonvnodntiml will be provided to allow individuals with disabilities to participate in all City of
Columbia Heights' swvices, prograns, mId activities. Anziliary aids Cm' hmldicnppeA persons arc available upon request when the request is
nmde n[ Ieast 96 boors in advance. Please call the Deputy City Clerk n[ 706-3611, to make arrangements. (TDD 706-3692 for deaf m• hem•ing
impaired only)
THE CITY OF COLD MBIA HEIGHTS OO ES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR TFIE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
TIIE MINUTES OF TI-IE
TELECOMMUNICATIONS COMMISSION
FROM
THURSDAY, SEPTEMBER 21, 2000
The meeting was called to order at 7:05 p.m. by Dennis Shroik, Chairperson.
ROLL CALL: Commission Members:
City Representative:
MediaOne Representative:
Legal Counsel:
APPROVAL OF MINUTES
Dennis Stroik, Dan Swee, Bradley Peterson, Reuben Ruen, and Bob
Buboltz
Linda Magee
Katlti Donnelly-Cohen
Steve Guzzetta
Motion by Brad Peterson ,seconded by Dan Swee to approve the minutes from [he meetitag of July 2Q 2000. All ayes.
OLD BUSINESS
A. Channel Check
Channel #12 was slow to sink in. Kathi stated that once we go to digital, this will be common. Bob noticed that
the sound levels between channels seem to fluctuate more than usual lately. Kathi explained that a sound conh~ol
is in place, but there is an audio "range" that is considered acceptable before the control would make an
adjustment. She needs to have specific times, channels, and programming to make changes.
B. Correspondence Log and Complaint Follow Up.
#136-Mortvedt-Inappropriate conduct by service tech when in the residence for an outside problem to repait•
reception. Subscriber was called by supervisor and given an apology and also given a one week credit on their
bill.
#137-Meekin-Subscriber wanted Universal service hooked up. The first tech was unable to do so due to trees in
the way. However, the second tech was able to complete the installation and hook up process.
C. Status of Ordinance Regulating Telecommunications Towers/Antennaes
On August 14, 2000 a draft of the ordinance Steve Guzzetta wrote was sent out for review. Comments were to
be made by August 28"'. Linda forwarded these comments to the appropriate people. She explained the City
Council extended the moratorium to December 7°i so the P & Z Commission and Telecommunications
Commission would have time to review the draft ordinance and make a recommendation to the Council. The
Planning and Zoning Commission will address this at their October meeting and make a recommendation to the
Council. The Telecommunication Commission members thought the ordinance was much more complete and
were satisfied with it.
TELECOMMUNICATIONS COMMISSION
MINUTES OF SEPTEMBER 21, 2000
PAGE2
D. Status of Consideration of Franchise Applications Received
Linda reported that the public hearing was continued to September 25, 2000, to consider the applications For
franchises fiom Wide Open West and Everest Corp. The council has to consider the technical, legal, and
financial qualifications of the companies before making a decision regarding granting a fianchise. The reports
containing the information needed to make this decision are not yet complete so Linda stated that the hearing will
be continued to the November 27th City Council Meeting. Steve explained that three sets of data requests were
sent out to the companies. The legal qualifications have been reviewed. However, they are still working on the
technical and financial information. The consultants working on this are still gathering information, and one of
the companies is requiring them to travel to their corporate headquarters to obtain the information. The final data
should be ready for the commission to review at the November 16"' meeting so a recommendation can be made to
the City Council for the November 27, 2000 meeting.
E. Status of Franchise Fee Audit
The audit is drawing to a conclusion. The accountant is in the process of preparing the report. Steve reported
they do lrnow that errors were made in Maplewood and a credit will be due. The accountant found a simple
mistake on a calculation which may also affect other areas. We will need to see the report before lntowing for
sure how this will affect us,
F. Other Old Business
There was no other old business.
NEW BUSYNESS
A. Receipt of 2"d Quarter Franchise Fee
A copy of the 2"d Quarter Franchise Fee payment in the amount of $31,909.50 was enclosed in the agenda
packets.
B Name Change to AT & T Broadband
Due to the merger of MediaOne and AT & T, the company will now be latown as AT & T Broadband. The name
change took affect August 23, 2000. A copy of the notice, along with phone numbers and E-Mail addresses, was
enclosed in the agenda packets.
C. Other New Business
* The commission members suggested putting our web site address on our stationery, newsletters, watet• bills,
etc.
*Since the fiber optic lines were installed, there is an excess amount of cable on the pole at 43rd & Benjamin St.
that should be checked on.
REPORTS
A. Report of Commissioners
Educational-Nothing to report
Government-Local election results were put on Channel 16 the evening of the pt•imat•y. A local girl scout troop
came and observed the process for their government badge they are working on. The girls were very interested
in the election process, the tabulation process, and the cable/computer equipment used Co air the results.
Library-Nothing to report
Public-Nothing to report
TELECOMMUNICATIONS COMMISSION
MINUTES OF SEPTEMBER 21, 2000
PAGE 3
B. Report of AT & T Broadband-
Kathi reported that Kevin Griffin was promoted to Regional Vice President of Engineering and that the new
General Manager is Jim Commers.
C. Report of the Cable Attorney
There was nothing further to report.
D. Report of the Assistant to the City Manager
Web Site Update- The goal of the site was to get on line urd establish basic information. Some of the
information provided in Phase I includes:
City Ordinances, Pet Licensing, City Services, Commission and Boards, Community Events, Council
Information, Election Information, Federal and State Officials, Frequently Aslced Questions, History of the City,
Job Opportunities, Park and Recreation, Property Taxes, Safety Programs, and School hrformation.
Phase 2 has a projected completion date of December 31, 2000. The items to be added at this time will include:
Link to the Chamber of Commerce, City Budget and Financial Reports, City Code, City Maps, Application form
for Commission/Boards, Council Agendas and Minutes, City Newsletter, Link to School Dishict #13, and Links
to Government Representatives.
Phase 3 has a projected completion date of 2002 and would include: City Code, Public Safety Statistics, Council
minutes for a six month period, and other suggestions from citizens.
Motion by Bob Buboltz ,seconded by Reuben Ruen , to udjour•n the meetirag at 7:40 prn. All ayes.
Respectfully submitted,
._ ~h~.~~~ cl_~k~.~~tl~
Shelley Hanson
Secretary
SUBSCRIBER COMPLAINT N~ 1 3 H
RE: CONSTRUCTION MARKETING PROGRAMMING RESTORATION
INSTALLATION BILLING CUSTOMER SERVICE OTHER
Cable Administrator:
Commission: _
Address: Linda Magee, Asst to the City Mgr.
Col. Hts. Telecommunications i~
Telephone: 590 40~' Ave iVE, Col. Hts, MN 55421
Date: 612 782-2800
THIS IS TO NOTIFY YOU OF THE COMPLAINT OF:
Brian Dou
1400 42nd Ave NE
Address
City
Col. Hts MN 55421
State
21p Code
763 788 7665
Home Telephone Work Telephone
DESCRIPTION OF COMPLAINT: When he came home yesterday, he saw AT b T serv, truck in
neighbor's yard at 14 n ve. pm w en e i o wxx a wa c e
had no reception. a ca a -was to is ca a was ~sconnec e o repair neig ors.
T ere is cab e yang t ere. a as a service ca to ay e wn -noon. is comp ain
is that they wi a egging up is yar to u,ry ne g a e w o no i ying im. a e
PLEASE RESOLVE NO LATER THAN 4:30 PM, Co records show his cable is underground and its not.
RESOLUTION REQUESTID (IF APPLICABLE):
INFORMATION GIVEN T0: Called KDC DATE: 9/21/00 TIME: 11 am
HOW COMPLAINT RESOLVID:
DATE COMPLAINT RESOLVID:
DATE RESOLUTION CONFIRMID BY COMPLAINTANT:
OTHER COAASENTS:
Signature of Company Employee
White -City Cable Administrator
Yellow - Cable Company
Pinl - Cable Company (to be returned to Cable Administrators Office)
,t/ ~,'
Subject: Tower Ordinance Concerns
To: Mayor and City Cotmcil
From: Ken Henke, Telecommunications Conunission
Subject: Proposed Tower Siting Ordinance
Date: November 12, 2000
I had a chance to review the proposed ordinance in August. Several of my
comments were incorporated into the revised ordinance. However I was unable
to clarify questions on other parts of the ordinance. I did attend last weeks
Plamling and Zoning Commission meeting and agreed with passing the ordinance
on to the Council with some comments.
There was a question of exactly what services we were trying to regulate. The
only reference is to Wireless Communications Services specified in 47 U.S.C.
sections 332(c)(7)(C) and 332(d)(1)-(2). By doing some searching on the
Internet, I was able to find that those sections cover what would normally be
referred to as cell phones. Do we want to obscure the meaning of an ordinance
by obtuse references?
On page 8: 6)d) increasing the height of an existing tower is treated as a
new tower. On page 9: 7)b)iii permission to exceed the existing height shall
not require additional distance separations. These seem to be in conflict
with each other. If a new tower of a given height would not be allowed at a
particular location it would seem that 7)b)iii would allow it. For example:
by the ordinance, two towers each 100 feet tall would be allowed to be
located 300 feet apart. If the owners of one of the towers wanted to increase
the height to 150 feet it would be allowed even though a new tower of the
same height would have to be at least 600 feet away. If a new tower is not
allowed why should we allow the increasing in height of an existing tower?
The same problem can exist with respect to setbacks.
Pg 9: 7)b)(v): Allowing tower separation distances to be calculated using the
original tower location could result in a paperwork nightmare. A tower could
be relocated several times, all of which would have to be traced back to the
original location.
Pg 11: 8)b) and c) and others refer to "expedited treatment." What is
"expedited?" With no definition are we opening ourselves up to litigation if
au applicant thinks we are not moving fast enough?
Pg 11: 9)b) Antenna Dimensions: There is no con•esponding paragraph for
antennas placed on towers or utility poles. If we regulate size one place we
have to in others.
Pg 14: 11)e): References generators associated with equipment shelters for
utility pole mounted facilities. What about generators for antenna support
structures and towers?
Pg 19: 13)d)(iii): How can an antenna be mounted inside a monopole tower? If
the tower is metal, the anterma will not work.
Pg 17: 13)i) Visual Impact Standards: This seems to be very poorly defined.
It is a case of "beauty" and "beholder."How is it determined that a
"visual impact analysis" is required? How is it determined what is
acceptable? It looks to be like we are opening ourselves up to suits similar
to what has happened over environment impact statements.
l will be asking these questions of our attorney at the next
Telecommunications Commission meeting. However, that will occur after the
proposed first reading of the ordinance. I feel the Council should be made
aware of some of my concerns in case they share my feelings. It could impact
the timing of the passage of the ordinance.
Thank you for your time and concern,
Ken Henke
r . ~;. r.,
ORDINANCE NO. 1424
COLUMBIA HEIGHTS
TOWER SITING ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA, REGULATING THE ZONING OF WIRELESS
COMMUNICATIONS TOWERS AND WIRELESS COMMUNICATIONS
FACILITIES; PROVH)ING INTENT AND DEFINITIONS; PROVIDING
MINIMUM STANDARDS FOR LOCATION, VISUAL IMPACT AND
APPROVAL OF WIRELESS COMMUNICATIONS TOWERS; PROVIDING
MINIMUM STANDARDS FOR THE LOCATION, VISUAL IMPACT AND
APPROVAL. OF WIItELESS COMMUNICATIONS ANTENNAS AND
FACILITIES; PROVIDING FOR SHARED USE OF WIRELESS
COMMUNICATIONS TOWERS;
PROVIDING FOR CONFLICT;
PROVH)ING FOR INCLUSION IN
EFFECTIVE DATE
PROVIDING FOR INSPECTIONS;
PROVIDING FOR SEVERABILITY;
THE CITY CODE; PROVH)ING FOR AN
WHEREAS, the City of Columbia Heights, Minnesota (the "City") has received
numerous inquiries from wireless communications service providers for the location and
construction of wireless communications towers in the City; and
WHEREAS, 47 U.S.C. § 332(c)(7) of the Communications Act of 1934, as amended by
the Telecommunications Act of 1996, expressly preserves the zoning authority of local
governments relating to wireless communications towers and related facilities; and
WHEREAS, the City has a limited number of potential sites that would be acceptable for
the installation of wireless communications towers and facilities; and
WHEREAS, the citizens of the City have expressed great concern about the location of
wireless communications towers and related facilities within the City, related to preserving the
residential chazacter of the community, promoting the integrity of the City's residential
neighborhoods and addressing safety issues; and
WHEREAS, the limited number of potential wireless communications tower and
wireless communications antenna sites requires the City to address the needs of competing
wireless service providers; and
WHEREAS, City staff and the Planning and Zoning Commission have studied and
recommended appropriate siting policies to permit the placement of wireless communications
towers and related facilities in locations that will balance the interests of public safety, aesthetics,
property values and the provision of wireless communications services by the use of such
facilities; and
WHEREAS, the City Council has determined that the current zoning provisions within
the City Code aze inadequate as they relate to compatibility of wireless communications tower
siting with surrounding properties, proliferation of towers and encouraging co-location of
antennas; and
g) Promote the public safety and avoid the risk of damage to adjacent properties by
ensuring that wireless communications towers and related wireless
communications facilities are properly designed, constructed, modified,
maintained and removed;
h) Ensure that wireless communications towers and related wireless communications
facilities aze compatible with surrounding land uses;
i) Encourage the use of alternative support structures, co-location of new antennas
on existing wireless communications towers, camouflaged towers, and
construction of towers with the ability to locate three or more providers;
j) Maintain and ensure that anon-discriminatory, competitive and broad range of
wireless communications services and high quality wireless communications
infrastructure consistent with federal law aze provided to serve the community;
and
k) Ensure that wireless communications facilities comply with radio frequency
emissions standazds as promulgated by the Federal Communications Commission.
This Section is not intended to regulate satellite dishes, satellite earth station antennas,
residential television antennas in private use, multichannel multipoint distribution service
antennas, or amateur radio antennas.
Z) Definitions. For the purposes of this Section the following terms and phrases shall have
the meaning ascribed to them herein: ,
^ Accessory Structure means a structure or portion of a structure subordinate to
and serving the principal structure on the same lot.
^ Accessory Use shall have the meaning set forth in the Land Use and
Development Ordinance.
^ Antenna means a device fabricated of fiberglass, metal or other material designed
for use in transmitting and/or receiving communications signals and usually
attached to a wireless communications tower or antenna support structure.
^ Antenna Support Structure means any building or structure, excluding towers,
used or useable for one or more wireless communications facilities.
^ Buffer or Buffering means a natural or landscaped area or screening device
intended to sepazate and/or partially obstruct the view of adjacent land uses or
properties from one another so as to lessen the impact and adverse relationship
between dissimilar, unrelated or incompatible land uses.
3
• Guyed Tower means a wireless communications tower that is supported, in
whole or in part, by guy wires and ground anchors or other means of support
besides the superstructure of the tower itself.
^ Land Use and Development Ordinance means Chapter 9 of the Columbia
Heights Code, as it maybe amended from time to time.
^ Microwave Dish Antenna means adish-like antenna used to transmit and/or
receive wireless communications signals between terminal locations.
^ Monopole Tower means a wireless communications tower consisting of a single
pole or spire supported by a permanent foundation, constructed without guy wires
and ground anchors.
^ Non-Conformity shall have the meaning given in Minn. Stat. § 394.22, Subd. 8,
or successor statutes, and shall be governed by the provisions of the Land Use and
Development Ordinance (Non-Confornuties).
^ Ordinance means this Ordinance No.
^ Panel Antenna means an array of antennas designed to direct, transmit or receive
radio signals from a particulaz direction.
^ Pico Cell means slow-power cell whose coverage area extends 300 to 500 yards.
^ Planning Commission means the Columbia Heights Planning and Zoning
Commission.
^ Provider (when used with reference to a system) means a person or entity that
provides wireless communications service over a wireless communications
facility, whether or not the provider owns the facility. A person that leases a
portion of a wireless communications facility shall be treated as a provider for
purposes of this Section.
^ Satellite Dish means an antenna device incorporating a reflective surface that is
solid, open mesh, or baz configured that is shallow dish, cone, horn, or
cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.
This definition is meant to include, but is not limited to, what aze commonly
referred to as satellite earth stations, TVROs and satellite microwave antennas.
^ Self-support/Lattice Tower means a tower structure requiring no guy wires for
support.
^ Stealth or Camouflaged Tower, Equipment Cabinet or Facility means any
wireless communications tower, equipment cabinet or facility designed to hide,
obscure or conceal the presence of the tower, antenna, equipment cabinet or other
5
City, whether publicly or privately held, including, without limitatic^., private property,
City property, church property, utility property and school property.
a) Non-Essential Services. Wireless communications towers and wireless
communications facilities will be regulated and pemutted pursuant to this Section
and not regulated or permitted. as essential services, public utilities or private
utilities.
b) Attempt to Locate on Existing Tower or Antenna Support Structure. Every
owner/operator seeking to locate a wireless communications facility within the
City must attempt to locate on an existing wireless communications tower or
antenna support structure as required by subsections 7 through 8 of this Section.
4) Exempt from City Review. The following activities shall be permitted without City
approvals:
a) Amateur Radio -the installation of any antenna and its supporting tower, pole or
mast to the extent City regulation is preempted by state or federal law.
b) Residential Television Antennas - the installation of residential television
antennas in private use to the extent preempted by state and federal law.
c) Satellite Dishes -the installation of satellite dishes to the extent preempted by
state or federal law.
d) Mobile News-the use of mobile services equipment providing public information
coverage of news events of a temporary or emergency nature.
5) Permitted Locations. The following applies to all wireless communications towers,
including re-located or expanded and/or modified towers, but not to existing towers:
a) Wireless communications towers less than 120 feet in height shall be a permitted
use in the I-1 and I-2 zoning districts.
b) Wireless communications towers greater than or equal to 120 feet in height shall
be a conditional use in the I-1 and I-2 zoning districts.
c) Wireless communications towers less than 80 feet in height shall be a permitted
use in the CBD and GB zoning districts.
d) Wireless communications towers greater than or equal to 80 feet in height shall be
a conditional use in the CBD and GB zoning districts.
e) Wireless communications towers less than 80 feet in height shall only be allowed
as a conditional use in the R-1, R-2, R-3, R-4 and LB zoning districts.
7
7) Co-Location Use, Modification and Relocation of Existing Towers.
a) Any owner of an existing tower or antenna support structure containing additional
capacity suitable for installation or co-location of wireless communications
facilities shall permit providers to install or co-locate said facilities on such towers
or antenna support structures; provided that no existing tower or antenna support
structure shall be used to support wireless communications facilities for more than
three separate providers. Any co-location of wireless communications facilities
shall be subject to mutually agreeable terms and conditions negotiated between
the parties.
b) Any existing tower may be modified or relocated to accommodate co-location of
additional wireless communications facilities as follows:
(i) An application for a wireless communications permit to modify or relocate
a wireless communications tower shall be made to the Zoning
Administrator. The application shall contain the information required by
subsection 14(b)-(c) of this Section. The Zoning Administrator shall have
the authority to issue a wireless communications permit without further
approval by the Council or the Planning Commission, except as provided
in this Section. Any denial of an application for a wireless
communications permit to modify or relocate a wireless communications
tower for purposes of co-location shall be made in accordance with
subsection 14(e) of this Section.
(ii) The total height of the modified tower and wireless communications
facilities attached thereto shall not exceed the maximum height allowed
for a perniltted wireless communications tower in the zoning district in
which the tower is located, unless a conditional use permit is granted by
the City.
(iii) Permission to exceed the existing height shall not require an additional
distance separation from designated areas as set forth in this Section. The
tower's pre-modification height shall be used to calculate such distance
sepazations.
(iv) A tower which is being rebuilt to accommodate the co-location of
additional wireless communications facilities may be moved on the same
parcel subject to compliance with the requirements of this Section.
(v) A tower that is relocated on the same parcel shall continue to be measured
from the original tower location for the purpose of calculating the
sepazation distances between towers as provided herein.
9
(x) A c::tification that the site described in the application is located on an
existing tower and the owner/operator agrees to the co-location of the
subject wireless communications facility.
b) An application for a wireless communications pernut to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
existing tower and that satisfies the requirements set forth in this Section, shall
receive expedited treatment in the review process.
c) So as to further expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of existing towers to submit a single
application for approval of multiple users on a single existing site. Applications
for approval at multiple user sites shall be given priority in the review process.
The fee to be submitted with a multiple user application shall be the fee specified
in this subsection multiplied by the number of users listed in such application.
d) A petitioner shall submit any additional information requested by the City for
purposes of evaluating the permit request.
e) In granting or denying a wireless communications permit to locate or re-locate a
wireless communications facility on an existing tower, the Zoning Administrator
shall prepare a written record of decision including fmdings of fact.
9) Wireless Communications Facilities on Antenna Support Structures.
a) All wireless communications facilities to be located on antenna support structures
shall be subject to the following minimum standazds:
(i) Wireless communications facilities shall only be permitted on buildings
which aze at least thirty-five (35) feet tall.
(ii) Wireless communications facilities shall be permitted on the City's water
tower; provided that the City may impose reasonable conditions which
ensure that such facilities do not interfere with access to or maintenance of
the tower.
(iii) If an equipment cabinet associated with a wireless communications
facility is located on the roof of a building, the azea of the equipment
cabinet shall not exceed ten (10) feet in height, four hundred (400) square
feet in area nor occupy more than ten percent (10%) of the roof area. All
equipment cabinets shall be constructed out of nonreflective materials and
shall be designed to blend with existing architecture and located or
designed to minimize their visibility.
b) Antenna dimensions.
11
(iv) A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standards set forth in the City Code, and federal and state law;
(v) An application fee in an amount set by the Council for each wireless
communications facility listed on the application;
(vi) A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii) A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and the rooftop and building, topography, a
current survey, landscape plans, and any other information deemed by the
City to be necessary to assess compliance with this Ordinance and the
Land Use and Development Ordinance;
(viii) An inventory of the applicant's existing towers and wireless
communications facilities, if any, that are either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix) A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
(x) A certification that the site described in the application is located on an
existing antenna support structure and the owner/operator agrees to the
location or co-location of the subject wireless communications facility.
b) An application for a wireless communications permit to locate or re-locate a
wireless communications facility that proposes to co-locate said facility on an
antenna support structure and that satisfies the requirements set forth in this
Section, shall receive expedited treatment in the review process.
c) So as to fiuther expedite the permitting process and to promote the efficient use of
existing sites, the City encourages the users of antenna support structures to
submit a single application for approval of multiple users on a single existing site.
Applications for approval at multiple user sites shall be given priority .in the
review process. The fee to be submitted with a multiple user application shall be
the fee described in this Section multiplied by the number of users listed in such
application.
13
12) Application for Utility Pole-Mounted Wireless Communications Facility.
a) An application for a wireless communications permit to locate or re-locate a
utility pole-mounted wireless communications facility must be submitted to the
Zoning Administrator on the designated form and shall, at a minimum, contain the
following:
(i) Name, address and telephone number of the applicant;
(ii) Location of the utility pole-mount, along with the property owner's name
and telephone number;
(iii) Number of applicant's wireless communications facilities to be located on
the subject property;
(iv) A sworn and certified statement in writing by a qualified engineer that the
wireless communications facility will conform to any and all requirements
and standazds set forth in the City Code, and federal and state law;
(v) An application fee in the amount set by the Council for each wireless
communications facility listed on the application;
(vi) A copy of all licenses and/or franchises required by federal, state or local
law for the construction and/or operation of a wireless communications
system in the City;
(vii) A scaled site plan clearly indicating the location, type and height of the
proposed wireless communications facility, on-site land uses and zoning,
elevation and stealth design drawings of the proposed wireless
communications facility and utility pole-mount, topography, a current
survey, landscape plans, and any other information deemed by the City to
be necessary to assess compliance with this Ordinance and the Land Use
and Development Ordinance;
(viii) An inventory of the applicant's existing towers and wireless
communications facilities, if any, that aze either within the jurisdiction of
the City or within one mile of the City limits, including specific
information about the location, height, and design of each wireless
communications facility or tower;
(ix) A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance; and
15
b) Requirements for Separation Between Towers.
(i) Except for wireless communications facilities located on roof-tops or
utility pole-mounted facilities, the minimum wireless communications
tower separation distance shall be calculated and applied irrespective of
jurisdictional boundaries.
(ii) Measurement of wireless communications tower separation distances for
the purpose of compliance with this Section shall be measured from the
base of a wireless communications tower to the base of the existing or
approved wireless communications tower.
(iii) Proposed towers must meet the following minimum sepazation
requirements from existing towers or towers previously approved but not
yet constructed at the time a development permit is granted pursuant to
this Section:
IvIINIMLTM TOWER SEPARATION DISTANCE
Height of
Existing Tower Height of
Proposed Tower Minimum
Separation
Less than 50' Less than 50' 100'
" 50'-100' 200'
101'-150' 400'
151'-200' 800'
50'-100' Less than 50' 100'
" 50'-100' 400'
101'-150' 600'
" 151'-200' 800'
10]'-150' Less than 50' 100'
" 50'-100' 400'
" 101'-150' 600'
" 151'-200' 800'
151'-200' Less than 50' 100'
" 50'-100' 600'
101'-150' 800'
151'-200' 1000'
For the purpose of this subsection, the sepazation distances shall be measured by
drawing or following a straight line between the center of the base of the existing
or approved structure and the center of the proposed base, pursuant to a site plan
of the proposed wireless communications tower.
c) Standards for Co-location. This subsection is designed to foster shared use of
wireless communications towers.
(i) Construction of Excess Capacitv. Any owner of a wireless
communications tower shall permit other providers to install or co-locate
antennae or wireless communications facilities on such towers, if available
17
(iii) Antennas shall be of the uni-cell variety whenever feasihle or mounted
internal to the wireless communications tower structure.
(iv) Stealth wireless communications towers, equipment cabinets and related
facilities shall be required in all zoning districts.
e) Landscaping Minimum Requirements. Wireless communications towers shall
be landscaped with a buffer of plant materials that effectively screens the view of
the tower compound from surrounding property. The standard buffer shall consist
of a landscaped strip at least ten (10) feet wide outside the perimeter of the
compound. Existing mature growth and natural land forms on the site shall be
preserved to the maximum extent possible. In some cases, such as wireless
communications towers sited on large, wooded lots, natural growth azound the
property perimeter may be a sufficient buffer. All azeas disturbed during project
construction shall be replanted with vegetation. The owner of a wireless
communications tower is responsible for all landscaping obligations and costs. A
landscaping plan for the purpose of screening the base of the tower from view
shall be submitted to the Zoning Administrator for approval prior to the issuance
of a building pemvt for the tower. The City may waive the enforcement of this
condition if it is deemed unnecessary.
f) Visual Impact Standards. To assess the compatibility with and impact on
adjacent properties of a proposed wireless communications tower site, an
applicant seeking to construct, relocate or modify a wireless communications
tower may be required to submit a visual impact analysis. The requirements of
this subsection shall be required for any application to construct a tower greater
than 80 feet in height. The applicant may request a review of a proposed wireless
communications tower location, prior to submission of an application, to
deternune whether or not a visual impact analysis will be required. The applicant
shall be advised of the requirement to submit a visual impact analysis by the City
within ten (10) working days following the City's receipt of the applicant's
application for construction of a new wireless communication tower or the
relocation or modification of an existing tower.
(i) Whenever a visual impact analysis is required, an applicant shall utilize
digital imaging technology to prepaze the analysis in a manner acceptable
to the City. At a minimum, a visual impact analysis must provide the
following information:
a. The location of the proposed wireless communications tower
illustrated upon an aerial photograph at a scale of not more than
one inch equals 300 feet (1" = 300'). All adjacent zoning districts
within a 3,000 foot radius from all property lines of the proposed
wireless communications tower site shall be indicated; and
19
14) Application Process for New Towers.
a) The use of existing structures to locate wireless communications facilities shall be
preferred to the construction of new wireless communications towers. To be
eligible to construct a new wireless communications tower within City limits, an
applicant must establish to the satisfaction of the City that the applicant is unable
to provide the service sought by the applicant from available sites, including co-
locations within the City and in neighboring jurisdictions; and the applicant must
demonstrate to the reasonable satisfaction of the City that no other suitable
existing tower or antenna support structure is available, including utility poles;
and that no reasonable alternative technology exists that can accommodate the
applicant's wireless communications facility due to one or more of the following
factors:
(i) The structure provides insufficient height to allow the applicant's facility
to function reasonably in panty with similar facilities;
(ii) The structure provides insufficient structural strength to support the
applicant's wireless communications facility;
(iii) The structure provides insufficient space to allow the applicant's wireless
communications facility to function effectively and reasonably in panty
with similaz equipment;
(iv) Use of the existing structure would result in electromagnetic interference
that cannot reasonably be corrected;
(v) The existing structure is unavailable for lease under a reasonable leasing
agreement;
(vi) Use of the structure would create a greater visual impact on surrounding
land uses than the proposed alternative or otherwise would be less in
keeping with the goals, objectives, intent, preferences, purposes, criteria or
standazds of this Ordinance, the Land Use and Development Ordinance
and land development regulations; and/or
(vii) Other limiting factors.
b) An applicant must submit any technical information requested by the City or its
designated engineering consultant as part of the review and evaluation process.
c) An application for a wireless communications pemut to construct a wireless
communications tower must be submitted to the Zoning Administrator on the
designated form and shall contain, at a minimum, the following information:
21
(xi) Written, technical evidence from a qualified engineer that the proposed
wireless communications facility cannot be installed or co-located on an
existing tower or antenna support structure located within the City and
must be located at the proposed site in order to meet the coverage
requrrements of the proposed wireless communications service, together
with a composite propagation study which illustrates graphically existing
and proposed coverage in industry-accepted median received signal
ranges;
(xii) A written statement from a qualified engineer that the construction and
placement of the proposed wireless communications tower will comply
with Federal Communications Commission radiation standards for
interference and safety and will produce no significant signal interference
with public safety communications and the usual and customary
transmission or reception of radio, television, or other communications
services enjoyed by adjacent residential and non-residential properties;
and
(xiii) A certification that the applicant will comply with all applicable federal,
state or local laws including all the provisions of this Ordinance and the
Land Use and Development Ordinance.
d) A proposed wireless communications tower that exceeds the height limitations for
a permitted tower in the GB, CBD, I-1 or I-2 zoning districts, or any proposed
wireless communications tower under eighty (80) feet in the R-1, R-2, R-3, R-4,
or LB districts, shall only be allowed upon approval of a conditional use permit.
The City Council may establish any reasonable conditions for approval that are
deemed necessary to mitigate adverse impacts associated with the conditional use,
to protect neighboring properties, and to achieve the objectives of this Ordinance
and the Land Use and Development Ordinance. Such a conditional use permit
shall be required in addition to a wireless communications permit.
e) In granting or denying a wireless communications permit to construct a wireless
communications tower, the Zoning Administrator shall prepare a written record of
decision including findings of fact. Proposed wireless communication towers that
meet the standazds and requirements contained herein, including location and
height limitations, may be approved administratively by the Zoning
Administrator. Proposed wireless communication towers that do not meet the
standards and requirements contained herein, including location and height
limitations, may be denied administratively by the Zoning Administrator,
provided that the written record of decision including findings of fact is accepted
by the Council.
23
(ii) The number of providers located on the tower and their names, addresses
and telephone numbers;
(iii) The type and use of any wireless communications facilities located on the
tower; and
(iv) The name, address and telephone number of any new owner of the tower,
if there has been a change of ownership of the tower.
An annual payment of a registration fee, as set by the Council, for each tower
located within the City shall be submitted to the City at the time of submission of
the documentation required above.
16) General Requirements. The following conditions apply to all wireless communications
towers and wireless communications facilities in the City:
a) Duration of Permits. If substantial construction or installation has not taken
place within one yeaz after City approval of a wireless communications permit,
the approval shall be considered void unless a petition for time extension has been
granted by the City Council. Such a petition shall be submitted in writing at least
30 days prior to the expiration of the approval and shall state facts showing a
good faith effort to complete the work perntted under the original permit.
b) Assigumeut and Subleasing. No wireless communications facility, tower or
antenna support structure or wireless communications permit may be sold,
transferred or assigned without prior notification to the City. No sublease shall be
entered into by any provider until the sublessee has obtained a permit for the
subject wireless communications facility or tower or antenna support structure.
No potential provider shall be allowed to argue that a permit should be issued for
an assigned or .subleased wireless communications facility or tower or antenna
support structure on the basis of any expense incurred in relation to the facility or
site.
c) Aesthetics. Wireless communications towers and wireless communications
facilities shall meet the following requirements:
(i) Siuns. No commercial signs or advertising shall be allowed on a wireless
communications tower or a wireless communications facility.
(ii) Li tin . No signals, lights, or illumination shall be permitted on a
wireless communications tower or a wireless communications facility,
unless required by the Federal Aviation Administration or other applicable
authority. If lighting is required, the lighting alternatives and design
chosen must cause the least obtrusiveness to the surrounding community.
However, an applicant shall obtain approval from the City if the Federal
Aviation Administration requires the addition of standard obstruction
25
facility by the tower or facility owner within thirty (30) days after notice from the
City of abandonment. A wireless communications tower or wireless
communications facility shall be considered abandoned if use has been
discontinued for one hundred eighty (180) consecutive days.
(i) Removal b~. Where a wireless communications tower or wireless
communications facility is abandoned but not removed within the
specified time frame, the City may remove the facility or remove or
demolish the tower and place a lien on the property following the
procedures (but not the criteria) for demolition of an unsafe
building/structure of the City's housing code.
(ii) Towers Utilized for Other Purposes. Where a wireless communications
tower is utilized for other purposes, including but not limited to light
standards and power poles, it shall not be considered abandoned; provided,
however, that the height of the tower may be reduced by the City so that
the tower is no higher than necessary to accommodate previously
established uses.
(iii) Restoration of Area. Where a wireless communications tower or facility is
removed by an owner, said owner, at no expense to the City, shall restore
the azea to as good a condition as prior to the placement of the tower or
facility, unless otherwise instructed by the City.
(iv) Surety or Letter of Credit for Removal. Prior to the issuance of a building
permit, a surety or letter of credit shall be submitted by the property
owner(s) or tower operator(s) to ensure the removal of abandoned wireless
communications towers. The surety or letter of credit shall be utilized to
cover the cost of removal and disposal of abandoned towers and shall
consist of the following:
a. submission of an estimate from a certified structural engineer
indicating the cost to remove and dispose of the tower; and
b. either a surety or a letter of credit, equivalent to one hundred percent
(100%) of the estimated cost to remove and dispose of the tower. The
form of the surety or the letter of credit shall be subject to approval by
the Zoning Administrator and the City Attorney.
h) FCC Emissions Standards. At all times, owners and/or operators of wireless
communications facilities shall comply with the radio frequency emissions
standazds of the Federal Communications Commission.
(i) Testing required. All existing and future wireless communications
facilities shall be tested, not less frequently than annually, to determine if
the radio frequency emissions from such facilities aze in compliance with
27
immediately remedy the hazazd. The City shall notify any said owner of any such
action within twenty-four (24) hours. The owner and/or operator shall reimburse
the City for the costs incurred by the City for action taken pursuant to this
subsection.
k) Equipment Cabinets. Equipment cabinets located on the ground shall be
constructed out of non-reflective materials and shall be screened from sight by
mature landscaping and located or designed to minimize their visibility. All
equipment cabinets shall be no taller than ten (10) feet in height, measured from
the original grade at the base of the facility to the top of the structure, and occupy
no more than four hundred (400) square feet in azea, unless a waiver is granted by
the City upon written request from a provider.
1) Equipment On Site. No mobile or immobile equipment or materials of any
nature shall be stored or parked on the site of a wireless communications tower or
wireless communications facility, unless used in drrect support of a wireless
communications tower or wireless communications facility or for repairs to the
wireless communications tower or wireless communications facility currently
underway.
m) Inspections. The City reserves the right upon reasonable notice to the
owner/operator of a wireless communications tower or antenna support structure,
including utility poles and rooftops, to conduct inspections for the purpose of
detennining whether the tower or other support structure and/or related equipment
cabinet complies with the State Building Code and all applicable requirements
and standards set forth in local, state or federal law and to conduct radiation
measurements to determine whether all antenna and transmitting equipment are
operating within Federal Communications Commission requirements.
n) Security.
(i) An owner/operator of a wireless communications tower shall provide a
security fence or equally effective bamer azound the tower base or along
the perimeter of the wireless communications tower compound.
(ii) If high voltage is necessary for the operation of the wireless
communications tower or antenna support structure, "HIGH VOLTAGE -
DANGER" warnings signs shall be permanently attached to the fence or
bamer and shall be spaced no more than 20 feet apart, or on each fence or
barrier frontage.
(iii) "NO TRESPASSING" warning signs shall be permanently attached to the
fence or barrier and shall be spaced no more than 20 feet apart.
(iv) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six (6) inches in height.
29
Section 5. SEVERABILITY. If any term, condition or provision of this Ordinance shall, to
any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory
agency, the remainder hereof shall be valid in all other respects and continue to be effective. In
the event of a subsequent change in applicable law such that the provision which had been held
invalid is no longer invalid, such provision shall thereupon return to full force and effect without
further action by the City of Columbia Heights and shall thereafter be binding on the permittee
and the City.
Section 6. REPEAL OF LAWS IN CONFLICT. All City laws and ordinances in conflict
with any provision of this Ordinance aze hereby repealed to the extent of any conflict.
Section 7. INCLUSION IN THE CITY CODE. The provisions of this Ordinance shall
become and be made a part of the City Code of the City of Columbia Heights. The sections of
this Ordinance may renumbered or relettered to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
Section 8. NO RECOURSE AGAINST THE CITY. Every permit shall provide that,
without limiting such immunities as the City or other persons may have under applicable law, a
permittee shall have no monetary recourse whatsoever against the City or its elected officials,
boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage
arising out of any provision or requirement of this Ordinance or because of the enforcement of
this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a pernut, or
other applicable law, unless the same shall be caused by criminal acts or by willful gross
negligence. Nothing herein shall be construed as a waiver of sovereign immunity.
Section 9. EFFECTIVE DATE. The provisions of this Ordinance shall become effective
upon adoption.
PASSED this day of , 2000, on first reading.
PUBLISHED this day of
PASSED AND ADOPTED this
reading.
Offered by:
Seconded by:
Roll Call:
day of
Patti Muscovitz, Deputy City Clerk
2000, in
2000, on second and final
Mayor Gary L. Peterson
31
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October 25, 2000 „" a~.~~ t~~~~
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Linda Magee ~, ~ ~?~~v\~
City of Columbia Heights ° (~~ t'
590-40°i Avenue NE ~',
Columbia Heights, MN 55421
Re: WideOpenWest Minnesota, LLC; Columbia Heights Franchise Application
Dear Linda:
WideOpenWes[ requests that its application with the City of Coon Rapids be placed on temporary "hold"
pending resolution of the following two issues.
(1) To date, we have shared with your financial consultant all of our financial statements, business
plans and projections and financing strategies. This same information has satisfied numerous cities
throughout the country that have reviewed our financial qualifications (including the cities of Denver,
Portland, Fort Worth, Tucson and Tulsa) and yet the City's financial consultant apparently requires
additional assurances regarding our qualifications. That said, we look forward to formulating a mutually
acceptable resolution of this issue.
(2) As set forth in the attached memorandum, which has been shared with your attorney, we
believe that the monetary PEG access contributions sought by the City (and, ultimately, to be paid for by
the City's residents) are contrary to not only sound public policy, but also federal and Minnesota law.
Because of the far-reaching legal and policy implications surrounding PEG access funding (along with
other municipally imposed grant requirements as a cost of market entry to competitive providers), we
believe this issue merits further consideration. The accompanying legal analysis provides further detail
surrounding this concern. Given the significance of this issue to not only WideOpenWest but also to the
future development of the competitive broadband market in Minnesota, we believe it would be beneficial to
all parties to initially consider resolution through an Attorney General's opinion.
Following your review of the above, please contact me to discuss these issues. Please also provide us with
an accounting to date of the expenditures levied against our initial application fee. Thank you.
Sinc re ,
C ' ~~
Christopher Julian
Vice President, Market Development
Cc: D. Craig Martin, General Counsel
George Duffy, Senior Vice President
Julia McGrath, Senior Vice President
Kim D. Crooks, Assistant General Counsel
Thomas D. Creighton, Esq.
~~~~
/4T&T
October 26, 2000
Linda Magee
Asst to City Manager
City of Columbia Heights
590 40'" Avenue NE
Columbia Heights, MN 55421
Re: Quarterly Franchise Fee Payment
Dear Linda,
AT&T Broadband
70 River Park Plaza
St Paul, MN 55107-1219
Enclosed please find the quarterly franchise fee payment in the amount of
$31,361.40 for the Quarter ending September 30, 2000.
If you have any questions about this payment please call Tricha Pendzimas at
651- 493- 5284.
Very Truly Yours,
Tricha Pendzimas
Compliance Coordinator
/tmp
Enclosure
~~ Recycled Paper
AT&T Broadband
P.O. Box 5630
Denver, CO 60217 5630
City of Columbia Heights
590 40th Ave NE
Columbia Heights, MN 55421
Attn: Linda Magee
Franchise Eee Payment for the Quarter ending September 30, 2000
REVENUE SOURCE CASH RECEIPTS
BASIC 421,685.77
PREMIUM 69,860.66
EQUIPMENT 35,958.48
INSTALLATION 3,606.29
HIGH SPEED DATA 27,112'92
DIGITAL 267.97
FRANCHISE FEES 31,309.86
RETURNED CHECK FEES 105.00
LATE FEES 4,682.73
WRITEOFFS (10,617.29)
RECOVERIES 513.05
ADVERTISING SALES 40,794.27
HOME SHOPPING NETWORK 1,948.32
TOTAL 627,228.03
Fran Fee Rate 0.05
Franchise Fee Due 31,361.40
Michael L. Inouye, Senior Mana a Date
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AT&T
Law & Government Affairs Department
10 River Park Plaza
SL Paul, MN 55107
Telephone: (651)493-5280
Facsimile: (6517 493-5288
Vice President -Law & Government Affaira
September 29, 2000
Linda Magee Assistant to the City Manager
Columbia Heights Cable Commission
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN55421
Dear Linda:
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10 River Park Plaza
SL Paul, MN551p7
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This letter is to inform you that AT&T Broadband plans to increase Che current
charge for its adult Pay-Per-View seiviees. Pay-Per-View programming is an optional
service whereby customers may voluntarily order movies or events individually at a set
charge. Customers are informed of the associated price for the Pay-Per-View
programming selected prior to placing an order.
Effective November 1, 2000 the price for each movie or event ordered on Spice
will increase from $6.95 to $7.99.
Customers will receive advance notice of this change. Please contact me at 651-
493-5280 if you have questions or concerns regarding this matter.
Sincerely,
r-~
David G. Seykor
D(iS/aps
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A•r&T
L,nv & Government ACCairs Department
I012iver Park Plaza
S[. Paul, MN 55107
Telephone: (65!) 493-5280
Facsimile: (651) 493-5288
David G. Scyka•a
Vice President -Law & Government Affairs
Al SII
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October 3, 2000
70 River Park Plaza
SL Paul, MN 55107
VIA TACSIMILE & U.S. MAIL
Linda Magee Assistant to the City Manager
Columbia Heights Cable Commission
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN55421
Dear Linda:
On September 29, 2000, I sent to you via fax and U.S. Mail a notice that AT&T
Broadband plans to increase the current charge for ifs adult Pay-Per-View services. My
letter stated that the price for Spice will increase from $6.95 to $7.99. My letter should
have also stated that the price for Hot Network will increase from $9.95 to $11,99. We
plan to implement these increases on November 2, 2000.
Pay-Per-View programming is an o0 3~tional service whereby customers may
voluntarily order movies or events individually at a set charge. Customers will receive
advance notice of this change. Customers are also informed of the associated price for the
Pay-Per-View programming selected prior to placing an order.
Please contact me at 651-493-5280 if you have questions or concerns regarding
this matter.
Sincerely,
DGS/aps
C~
David G. Seykora
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David G. Seykora
Vice President -Law & Government Affairs
AISII
Telephone: (657) 493-5280
Facsimile: (657) 493-5288
October 23, 2000
Linda Magee
Assistant to the City Manager
Columbia Heights Cable Commission
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Re: Change in Billing Systems
Dear Linda:
AT&T Broadband
10 River Park Plaza
Si Paul, MN 55107-1219
On October 6, 2000 we wrote you about our plans to convert from our
current billing systems to the ICOMS billing system. We subsequently made a
decision to change our plans with respect to this conversion of billing systems.
We now plan to convert o~ our Digital Telephone Service product from its
current billing system to the ICOMS system. We will not convert our video and
cable Internet service products to the ICOMS billing system at this time.
We sent the October 6 letter as part of our continuing efforts to keep you
informed in advance of matters that affect you and our customers. Sometimes
our business plans change before we implement the original plan. We hope
our efforts to keep you inforned in advance have not created unflecessaiy
inconvenience or confusion for you. We will continue to keep you informed of
any changes to our cable services billing system that may occur in the future.
If you have any questions concerning this matter, please do not hesitate
to contact me.
Sincerely,
~~
David G. Seykora
DGS/aps
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~°
Kafhi Donnelly-Cohen
Director- Government Relations
Law & Public Policy Department
AT~I
Telephone: (651)493-5281
Facsimile: (651)493-5288
October 6, 2000
Ms. Linda Magoe
City of Columbia Heights
590 40°i St. NE
Columbia Heights, MN 55421
Re: Change in Billing Systems
Dear Linda:
10 River Park Plaza
SL Paul, MN 55107
DELIVERED VIA FAX AND US MAIL
To better serve our customers and to accommodate the needs of our expanding business, we will
be converting to a new billing system. We will change from our current CableData billing and
information system to the Convergys system known as ICOMS. This change will take effect in
late October 2000.
We are making-this changern billing systems for a number of reasons. With the expansion of our
service offerings such as digital tiers of programming and Internet services, we are reaching the
limita.on fhe ca(iabifities of our existing system. For example; we are finding that.we need to
eliminate some old pricing packages in briler td'have ehough rate codes fo introduce new
packages or services. The ICOMS system will also provide more flexibility in tracking and
assigning work orders, and will aid us in reducthg the number of technicians that need to be
assigned to job sites where customers have ordered multiple lines of service.
The new billing system also accommodates the desire frequently expressed by our customers for
a single bill. The introduction of Internet service and telephone service makes AT&T Broadband
the place customers can go to for all their information and entertainment needs. Under our
current billing system, we have to send two bills to customers. The ICOMS system will enable us
to send customers one bill for all the services provided by AT&T Broadband. However,
customers who desire to have separate bills will be able to request separate bills by product lines,
All affected management and supervisory personnel have received extensive training er. ICOMS.
Several people have completed the "Train the Trainer" classes and are qualified to teach the
operation on site. All Customer Sorvice personnel are going through training as well and are
qualified to respond to customer's inquiries regarding the new format and billing system. We will
be appropriately staffed to handle additional telephone traffic from customers as they receive their
new bills.
Enclosed is a copy of a bill currently used in Massachusetts as well as brochure that are being
drafted that will explain "how to read your bill". As this is from another system, please understand
that the rates, company name and phone numbers will be specific to our area once the pieces are
printed. This insert will accompany the first statement received in the new format.
We would like to make you aware of a douple items. The first is the matter of haw partial
payments will be applied. Since telephone servide is a "lifeline"service, some special rules apply
to collections and disconnection due to non-payment. The rules require that when a customer
who purchases multiple product lines and has a single bill makes a partial payment, the partial
payment will be used to satisfy the outstanding balance on the telephone service first. We will
~~ Recycled Paper
then apply the payment to the balance on the high-speed data service, and then to the balance
on the video service. The other item is the fact that the new billing format will also allow us to list
just the appropriate local franchising authority for that particular subscriber. This should reduce
some confusion in those areas where we previously listed multiple franchising authorities.
We believe that this new system as well as the new billing format will meet the needs of our
customers and provide them with the "one call, one bill" for all services that our customers expect.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kathi Donnelly-Cohen
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Kathl Donnelly-Cohen
Director -Government Affairs
~1T&T
Telephone: (651) 493-5281
Facsimile: (651) 493.5288
October 31, 2000
Linda Magee
Assistant to the City Manager
Columbia Heights Cable Commi>sion
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Re: Launch of Digital Services
Dear Linda:
70 River Park Plaza
SL Paul, MN 55107
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The purpose of this letter is to provide notification of the launch of our
new digital tiers of services. We recently launched this product in several other
communities in the Twin Cities area, and we currently plan to launch the digital
service in Columbia Heights as early as November 8, 2000. Please note that
current subscribers will not be affected by these changes unless they choose to
subscribe to a new package.
Our new digital service packages will be offered as described below. All
prices are in addition to the analog services purchased by the customer.
• Digital Bronze -For $ 7.50 per month, customers will receive the digital
receiver and remote, Digital Basic Service (offering 10 channels of digital
programming including Discovery Kids, ESPNews and Outdoor Life), the Digital
Electronic Programming Guide, DMX (36 channels of music programming),
Encore (a Digital Premium consisting of 4 movie screens), plus access to 35
digital Pay-Per-View channels. Separate PPV charges will apply if and when a
customer orders PPV movies or events.
• Digital Silver -For $ 22,50 per month, customers will receive all the
features of Digital Bronze, STARZ! (a Digital Premium consisting.of 3 movie
screens) as well as one other Digital Premium, plus a choice of any, one of the
following three available Bonus Choice Packs: Movies & Music,, Sports &
Information, and Family & Variety. Eaeh Bonus Choice Pack contains 8 - 13
channels of digital programming grouped by genre.
~(7 Recycled Paper
• Digital Gold -For $ 32.50 per month, customers will receive all the
features of Digital Silver, one additional Digital Premium plus a choice of any
two of the three available Bonus Choice Packs.
• Digital Platinum -For $ 47.50 per month, customers wiA receive all the
features of Digital Gold, all of the Digital Premiums plus all three Bonus Choice
Packs.
• Additional Digital Outlet -For $ 7.95 per month, customers receive the
equipment and all programming for the digital tier they have ordered.
• Digital Premium will be available on an a la carte basis for $11.99 to $
12.99 per month.
• NBA and NHL packages will be available for purchase by digital
subscribers. The prices will be $ 169 for up to 40 weekly regular season NBA
games, and $ 149 for up to 35 weekly regular season NHL games.
Attached please find a listing of ail the channels that will be included in
the digital programming tiers.
As noted above, subscribers will not experience any changes in their
current channels or the prices they pay unless they choose a new digital
package of service. A digital receiver is required in order to receive any of the
digital programming services. However, customers will not need to have
separate receivers to receive both digital and analog programming on a
television set.
If you have any questions or concerns, please don't hesitate to contact
me,
Sincerely,
Kathi Donnel
KDC/aps
Enclosure
DIGITAL PAC~G~G
Digital Bronze
Encoze
- plus
~ 1Premium
Silver ST~Silvet
Dla ~
Plus
Qital Gold 1 Moze Pretni~
Dta
Ali Prermums
Digital Platinum anuninp
analogBasrc Fzogr
Prices do not include any Bonin C]1Oiee F,
L R~ & Music Tiez
I,~A ovies
DIG T Sundance channel
Di italBasie FxNt vie Network
Discov~ Lifetime I`'1o
Discovery Science Encore True Stones
Encore Action
Discoveryllealth Much Music
ESPNews MTVX
Independen~o d VIII Soul
BBCpAmerica BET °n rayz
Noggin V81 Country
Gutdoor Life Vgl Classic Rock
Weatherman MTV2
_._--
'"'"'~! anon Tier
S orts and Inform
putcloor Channel
CNNSI h Channel
TheBto°aF Yellnternanonal
Ilistory Charm
~TVational Channel
Intern Civilization
Discovery wins
Discovery
Bloomberg tional
Newswozld Interna
~-
goon DrsneY d S o4s (GAS)
nick Gamey Netw rk
C,oodlife T ring
TThe IiealthNer`'fOrk
Inspffational I,¢e
pvadon xomeandl-eis`ue
Discovery
Lhe M°Yiv --- El L
.fhe Movia Charm
F of ~~--~- r ,(.~v 1-r x5
,flXGIT AL PgE'1v1gT A~,~
~ncrn~ veStozies
Bncozel-o
Encoze MYstezY
_.romS
-_. d
~ ""_ i Theater
BE~ovies
of ~
1~
,, t~l~with'lter~
g
EPG
1 DCT an 3RC~nels)
PP DIv1X (36 Channels)
Di italBasic
Bronze
plus
An I Bonus Choice
Silver
plus
An 2 Bonus Choia
Gold
plus .
~O
IIB
IIBO Plus
1 ~gp Signature
«-.
Cin
Cinemax
MoteMA~
,~.~ .
Showttme 2
Showtime 3
$7.50* I
$22.50*
_----°`-
$32-50*
$q~.50*
.. _.
`:Jean Kuehn -September 2000.doc Page 1 `,
~~ RR
~~Y COI\VMi~i~'Dlll~ii
PROGRAMS -September 2000
Programs: Heights Calendar (1:14:00)
Light On the Gospel (60:00)
Lord Jesus Christ Cablecast (58:00)
Washington Report 31:31
Minnesota Thunder Soccer 2000;
v. Indiana Blast 9/9 2:02:10
v. Milwaukee Rampage(A-League Playoff) 9/25 2:17:20
Anoka County Today (2 Programs) 29:00
CH (Dist. #13)School Board Mtg. 1:37:43
Love Power (4 programs) 60:00
The LaRouche Connection (4 Programs) 58:30
Vets Visits on Tv 30:00
The Prophetic Land 28:30
Voice of Reason 29:00
The Peace Concert 28:00
Southern Anoka County Chamber of Commerce Mtg. 47:21
Fridley v. Totino Grace Volleyball 50:19
Programming Stats: Columbia Heights I Hilltop Studio
CABLECAST PROGRAMS 78
CABLECAST HOURS 101
PROGRAMS PRODUCED-wlo Staff Help
PROGRAMS PRODUCED(S) 3
PROGRAMS (Produced Outside the Studio) 22
PROGRAMS TOTAL
26
PROGRAMS HOURS 21:39:01
PROGRAMS (Outside) 22
PROGRAMS HOURS (Outside) 18:30:00
STUDIO HOURS PRODUCTION 12
SVHS EDITING (Control Rm.) 32
STUDIO HOURS Meeting -
STUDIO HOURS TOTAL 44
CAMCORDER Check Outs 2
(S)VHS EDITIPinnacle GeniePlus (Hours) 16
Facility Hours Available 97
AT&T Br®adband
Minnesota Call Center
Note: Telephone Service Factor is an internal benchmark rather than an FCC service standard. It gauges the percent of calls that were answered in 30
seconds or less.
AT&T Broadband
Minnesota Call Center
30.0
25.0
20.0
15.0
10.0
5.0
Jul-00 Aug-00
Average Speed of Answer
Sep-00
Note: This chart contains raw data that has not been adjusted to conform to FCC measurements.
/'
~ AT&T Broadband
Minnes®ta Call C
enter
100.0%
90
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20.0%
10.0%
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Oct-00
Nov-00
Telephone Service Factor
„,~.,
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~„t I~I~~I\ ~ 1
tit„"~,~1 t.a:.b~.
Dec-00
Note: Telephone Service Factor is an internal benchmark rather than an-FCC service standard. It I
gauges the percent of calls that were answered in 30
seconds or less.
AT&T Broadband
Minnesota Call Center
Note: This chart contains raw data that has not been adjusted to conform to FCC measurements.
CITY OF COLUMBIA HEIGHTS
590 40TH AVENUE N.E., COLUMBIA HEIG HTS~ MN
Kalhi Donnelly-Cohen
Director -Government Relations
Law & Public Policy Department
Telephone: (651) 493-5281
Facsimile: (651)493-5288
November 6, 2000
55421 -3878 (612) 782-2800 TDD 782-2806
Ms. Linda Magee
Columbia Heights Cable Commission
590 40~h Avenue NE
Columbia Heights, MN 55421
Dear Linda:
Effective December 5, 2000, channel 70, which is currently Sneak Preview, will change to
MASNBC. Notification to subscribers began last Friday via message crawls on both the Weather
Channel and on Sneak Preview. Subscribers who wish programming information may turn to
channel 7 for TV Guide listings.
If you have any questions, please do not hesitate to contact me at 651-493-5281.
Sincerely,
Kathi Donnelly-Cohen
Cc David Seykora
THE CITY OF COLUMBIA HEIGHTS GOES NOT DISCRIMINATE ON THE BA515 OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EpUAL OPPORTUNITY EMPLOYER