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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 .~~~' ~~:,: WideOpenWesf~ Briltc~irl~ Hr0ar7.~81)(1 N~~rle f: OF E ~~ `~`~ t ~' ~~ 4 ~~f .~. t+ ~~Gt ~~ : _.:: October 25, 2000 „" a~.~~ t~~~~ ;"'~• ` ` 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 Recycled Paper 15 ~ lf~Cl_ _ _I I ~"' ~ _. l e"~ I ,i J ~a t~` (~,L ue (%i . ~ gm I n J - Gp yN ~' ~' n ~ gL ND I ° J on 4~ ~h J I J G I J I J J J Q U F 1 'I ''----~ ''----1 '----1 11----1 '---1 ~----~ 11----i ''---~ ~ + . ® ® ® szo~o - .. ~ . THIS DOCUMENT IS VOID IF BACKGROUND DESIGN IS NOT COLORED _ CHECK., ~/ / / ®/ ! ~ :Accounts Peyable NUMBER ;~ P.O. Box 173805 ~ _~ .~ Denver, 0080277.3805 ATaT ~o~~l~poia~i~ (303)466.3383, $ VENDOR NO DATE 193813 ~ ^.3&-O.~T-o4 :: ~ ~• ' PAY EXACTLY ~ ~'~ +- '' '. `. ~} ~ - _AMOUNT .-~~ ~ Thirty One Thousarid Three Hundred Sixty One Dollars and 40 cents ~ - _ ,~k~C~3R~'t,36.9 40~ .~ To THE CITY OF COLUMBIA HEIGHTS erai mroADaAND, uc. ORDER C/O LINDA MAGEE ASST GITY fdGR ~ - OT 59040TH AVENE '-r - COLUMBIA HE{GHTS MN b5d27 _ ~ ~' United States ~ ~ ' ~ ~~ MELLON BANK, N.A. PITTSBURGH, PENNSYLVANIA SP160 ' VOID AFTEfl iS0 DAVS E. •. n•m. „ar,.. ,s.n.~ r~. n.m ~x tai-,ass vW.. .a~a x, :~.. ~s.. -e ~. .e ~ a ~. ,. -•. II^37770ii11' 1:04330i60i1: Oi7~~1978411' r i L I L r i L r L r L .r I L I r L 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: Al071 5 ~ 10 River Park Plaza SL Paul, MN551p7 z, AA2 ~. ® t ~, ", t t,` ,,s~, `~ ear cr- 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 `O~ Recycled Paper 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 ~~h.'a~~ ('t`'~ , ~ ill ~{ k `'' ~~~ ~~ ~:~.~ 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 ,. , ;,',i ,~ ~ , -• ~7~ Recycled Paper a ®°~ 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 Ta ~ Recycled Paper ~° 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 t l AAa ,~ ~ . ~~ ~; :,~ ~g `dlY~ ''€ ~~~~®~ ,. ;~ ,r f~~l ~ .~ i ~ F e, ;~ ~ i 99g ]~ ~ ~i ~~ 'g;-l N ~ 3 f5 = ; N ~ nN ~~~ ~ 6° ~ ° ~ 6B4 d~ ~ ~ -- -- . '4`.~^"'~••: ~-' ` n••wxr•r°nrrrrw^•^ix-rr7„n•rrx r__.' - :-i ice. ~' s«mme.wwrn-... :. -~, wax.. 6 ~= ~ ° ~. gyYr' 8 ~~ e € g~ ~,,,~~ bk ~#b'~ ~ @ ~~ r Fig ,¢ ~ b8 =„~ ~ ~' x-r'^m~rrt^rrxrr•~rrrrrn~rv. ui x,. . _ ,6;w.". w. ~ tl 000x000RYG15~f2fxDQOffINfSx t, .,~~ tlBAtl0.7 jWm.Ctld ~ ,..ww..},... J ---i a '. i 99 ~~a $3 z1 2a2~ . e. °~ ~~ 89 , AID; , . .. .. x ~, ~,, w ~ ~ ~ ~ ~ ~ ~ fi ~ ~ n' ~ ~ ~ ~ ~.~° ~s X16 ~ f ~~~ ~~.~ ly'~ 11 y ..7'g ~ 3 p{( ~ . .... - ~~ ~ ~ ~~ $ a E~~ P~ ? Lii ~ ~~ ~ ~~~•3 f~4 xa x ~~' i 8 1 ~ q ~' ~ gggg~d€~ X13 ~n z ~p, ;. 1 ! ~ 8 ~ c .- . Pg ~ I ~~r~~ ~~LpY ~~p t p € ~ 9 T p 4 Y tl ~ age` rga :'~~ ~' ~ a Y C 0 ~ m W 3 O y j f`° ~ ¢ W Z OC 0 a - ~ •. Q O Q m N .1I~yy .1I •iWVi ~ i~ ~ ( ~: ~ T 3 ~ lr -. ~~ ~ ~ :~. ! s I ~ f { ~ . K i ~ ~ X15 ~ Y ~~ d ~ ! 'ti^ i ! - . ~ , r v. .. t: ,. ~ .. ik ~ ~ q ~ ~ i r 4 ! i, # , '` ~ s~ ' ' ' ' ~ ~ ~ pla~rl , .. , ~ ~ ~ @ ~O E 8~ 0 -p ' O ~ ~ 9 V ~ ` C O ~ a $ ~ ~ ~ ~ E a 2 9 ~ $ @ j 4 Y ~ of a g ; s ~ ~ n ~ s ~ .$ ° g m a g 'IIIIPQ q ~ { , E g ~ , E ~ 9 F` d' ~6 B £ B 8 .+ E `o :: :. ... t . ,.: _..: .. f~A ~~ 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 ~~ ~a t ~~ ~~ ~~ ~8~ rfi~t~,~ftfi_.~''s COTY l~~ ~..11~9V~1(~'rlLifaH1$ 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 .0° : o ,: ,,, ~ ~~ III ,~I~, ~, I~ ',`~ \ I ' I \ I , I lt\ : ~~:I ~~ i~~l ~, ~\ 1 i ~ ~ , , ~ , , i : , I, l 0° ~ ,,,,, I ,~, : ,: : . , ,, ,' 40 0° / ;. I~~ ~ ;, ~ ~:.I . ° ,.I : : ,, I ,~,. °/ 30.0 ° , ' '' ` ,, I 20.0% 10.0% 0.0% ~ I,I ~ 0.0% , , , : Oct-00 Nov-00 Telephone Service Factor „,~., ~ i~.11 ~ ~ ' 14.E ~ ~~ ~„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