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HomeMy WebLinkAbout1988-1989 Cable CorrespondenceAugust 10, 1989 City of Ithaca Ithaca, New York Dear Sir: wMP•IM I' i i r American Television & Communications Corporation A Time Inc. Company National Division 160 Inverness Drive West Suite 300 Englewood, Colorado 80112 (303) 799-9599 ZZNY 0040 • Enclosed please find a check for $23,102.66 which is payment of franchise feesfor the second quarter of 1989 for American Community Cablevision. At this point, we have not deducted the overpayments for the prior periods. However, in the future, we reserve the right to reduce franchise fee payments by the amount overpaid. Computation is as follows: Month Gross Revenues April, 1989 '$182,897.99 May 178,555.16 June 142,092.39 Total $503,545.54 Fee @ 5% - NY Rate .412 4.588% Franchise Fee $23,102.66 I, Ivy W.* Parish,. Controller of American Television and Communications Corporation, National Division, certify that the above schedule summarizes the Gross. Revenues, as defined in the franchising agreement, for the period indicated for the CATV operations in the City of Ithaca. Signed: Ivy . Parish, Controller IWP/jdh Enclosure Providing entertainment and information choices. OFFICE OF CONTROLLER CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 July 31, 1989 American Television $ Communications Corp. Attn: Ivy W. Parish, Controller 160 Inverness Drive West Suite 300 Englewood, Colorado 80112 TELEPHONE: 272-1713 CODE 607 Dear Ms. Parish: Please be advised the City of Ithaca Budget and Administration Committee. recently discussed your letter of July 25, 1989. The City does not agree with your position, whereby ATC is entitled to reduce future franchise fee pay- ments payable to the City, by an amount equal to the franchise fees already paid by ATC to the New York State Cable Commission. Further, the City will not, acknowledge any credit or refund of alleged overpayments made heretofore by ATC to the State Cable Commission. The City will, however, accept future quarterly franchise fee payments at the reduced rate (4.6%), for said fees paid by ATC to the State Cable Commission. The City expects that your next payment due August 14, 1989, will include the full payment for all fees due for the period April to June 1989 under the Cable Franchise, lessthe .4% paid to the State Cable Commission for that quarter only. Any deduction made for prior period adjustments will be treated as breach of the franchise agreement, -whereby the City will move to protect its interest accordingly. Should you have any questions in this regard, please do not hesitate to contact my office. DRC:br my yours, Dominick R. Cafferillo City Controller "An Equal Opportunity Employer with an Affirmative Action Program" Ivy W. Parish Controller (303) 649-8021 June 26, 1989 Dominic Casserillo City Comptroller City Hall Ithaca, New York 14850 Dear Mr. Casserillo: ANOIROMAIMI • ■Nam American Television & Communications Corporation A Time Inc. Company National Division 160 Inverness Drive West Suite 300 Englewood, Colorado 80112 (303) 799-9599 . American Television and Communications Corporation (ATC) has been paying franchise fees to the City of Ithaca on behalf of American Community Cablevision at the rate of 5% of gross revenues since February, 1988. I was recently advised that, in accordance with New York State Executive Law, Sections 817 and 818 of Article 28, franchise fees paid to any municipality in New York at a 5% rate should be reduced by the rate for fees paid to the New York Cable Commission "in order that total franchise fees not exceed the maximum 5% rate stipulated in the Cable Communications Policy Act of 1984. Since ATC did not reduce the rate for franchise fees paid to the City of Ithaca by the rate of fees paid to the New York Cable Commission, it overpaid franchise fees to the City by $9,279.83 for the period February 1988 - March 1989. The next payment is due to the City by August 14, 1989, for the period April - June, 1989, and it will reflect a deduction in the amount of the over- payment. If the deduction of the fullamount of the overpayment presents a problem, please advise me by July 31, 1989, so that other arrangements can be made. Sincerely, AMERICAN TELEVISION AND COMMUNICATIONS CORP. NATIONAL DIVISION W. PG.tA.1. Iver W. Parish Controller IWP/djb cc: Tom Feige Lee Glowacki Ralph Nash Providing entertainment and information choices. 89-031GR OFFICE OF CITY ATTORNEY CITY OF ITHACA 1OB EAST GREEN STREET ITHACA, NEW YORK 14850 MEMORANDUM TO: Dominick C.fferillo, Controller FROM: Rale . Nash, City Attorney DATE: Jun 23, 1989 RE: Cable Television Franchise Fee TELEPHONE: 272-1713 CODE 607 I have been contacted by a representative of ATC who advised that he believes they are due a credit of certain cable franchise fees paid to the City. As you know, the City agreement provides for a 5% franchise fee. As I was not aware, the company also pays a franchise fee of approximately .4% to the State Cable Commission._ I ommission.- I am advised by this representative and Steven Shaye at the State Cable Commission that the state fees must be included in calcu- lating the maximum franchise fee of 5% established by federal law. It appears that ATC has been paying a 5% fee to the City without crediting any payments made to the State. ATC would now like to obtain a credit for amounts paid to the State. It appears that they are entitled to this. RWN:blh cc: Ray Schlather, Chairman of B & A Committee "An Equal. Opportunity Employer with an Affirmative Action Program" 'May 3, 1989 American Television & Communications Corporation A Time Inc. Company National Division 116 Inverness Drive East Englewood, Colorado 80112 (303) 799-9599 City of Ithaca ZZNY 0040 Ithaca, New York Dear Sir: Enclosed please find a check for $26,099.85 which is payment of franchise fees for the first quarter of 1989 for American Community Cablevision. Computation is as follows: Month Gross Revenues January, 1989 $168,047.37 February 174,542.05 March 179,407.48 Total Rate $521,996.90 5% Franchise Fee $26,099.85 I, Ivy W. Parish, Controller of American Television and Communications Corporation, National Division, certify that the above schedule summarizes the Gross Revenues, as defined in the franchising agreement, for the period indicated for the CATV operations in the City of Ithaca. Signed: IWP/jdh Enclosure Ivy W. Parish, Controller Providing entertainment and information choices. r February 6, 1989 City of Ithaca Ithaca, New York Dear Sir: Enclosed please find a check for $27,143.63 which is payment of franchise fees for°the period from October, 1988 through December, 1988 for American Community Cablevision. AMMEOPNOmm a®m;al. American Television 8. Communications Corporation A Time Inc. Company Z ZNY 0040 National Division 116 Inverness Drive East Englewood. Colorado 80112 (303) 799-9599 Computation is as follows: Month Gross Revenues October, 1988 November December Total Rate $189,563.94 175,511.29 177,797.30 $542,872.53 5.00% Franchise Fee $27,143.63 I, Ivy W. Parish, Controller of American Television and Communications Corporation, National Division, certify that the above schedule summarizes the Gross Revenues, as defined in the franchising agreement, for the period indicted for the CATV operations in the City of Ithaca. Signed: Ivy Parish, Controller IWP/ncg Enclosure W. kuu, Providing entertainment and information choices. /7/. iq. RECEIVED JUL 28 AMERICAN COMMUNITY CABLEVISION July 26, 1988 John Gutenberger, Mayor City of Ithaca 108 E. Green St. Ithaca, N.Y. 14850 Dear John: I have enclosed three copies of the cable television franchise approved by Common Council on June 8 for your signature. This draft includes all changes approved by Council at that meeting, as well as all appendices to the document. I've also forwarded a copy of the document to Ralph Nash for his review. Once Ralph is satisfied that all is in order, please sign each copy and forward the document to me for ATC's signature. I've also included a check'for franchise fee payments from July 1987 to June 1988.. You'll note thatthe payment is based on a 3 percent franchise fee rather than'the 5 percent agreed to in the new franchise. As soon as the document is approved by the state, we will prepare a franchise fee payment covering the difference for the period of January 21, 1988 to June 30, 1988. Should you have any questions or comments regarding either issue, please give me a call. I'll be out of town July 28 to August 15, so please contact Elaine Jones in my absence. Sincerel MichaeM. Withiam General Manager t, • enclosures cc: Ralph Nash Elaine Jones 519 West State Street Ithaca, New York 14850 607-272-3456 • July 18, 1988 City of Ithaca Ithaca, New York Dear Sir: RECEIVED JUL 281988 American Television 8 Communications Corporation A Time Inc. Company National Division • 116 Inverness Drive East Englewood, Colorado 80112 (303) 799-9599 Enclosed please find a check for $53,376.93 which is payment of franchise fees for the period from July, 1987 through June, 1988 for American Community Cablevision. Computation is as follows: Month Gross Revenues July, 1987 $131,427.16 - August 125,695.87 September 163,463.91 October 142,258.40 November 151,542.70 December 131,138.95. January, 1988 152,400.94 February 157,592.17 March 164,592.61 April 166,177.16 May 159,556.15 June - 133,384.86 Total Rate $1,779,230.88 3% Franchise Fee $53,376.93 I, Ivy W. Parish, Controller of American Television and. Communications Corporation, National Division, certify that the above schedule summarizes the Gross Revenues, as defined in the franchising agreement, for the period indicated for the CATV operations in the City of Ithaca. Signed: IWP/ncg Enclosure Ivy W. Parish, Controller Providing entertainment and information choices. AMERICAN COMMUNITY CABLEVISION November. 11, 1988 John Gutenberger, Mayor City of Ithaca 108 E. Green St. Ithaca, NY 14850 Dear John: Enclosed, are two checks in payment of the franchise fees for 1988. The smaller check represents a 2% franchise fee on gross revenues for the period from January 21 through June 30, 1988. This is the balance of the payment due to the'City now that we have officially signed our franchise renewal for that period. The larger check represents franchise fee payments at 5, of gross revenues for the period from July 1 through September 30, 1988. Just as a reminder, the new franchise ,calls for quarterly payments at the end of March, June, October, and December. We've also enclosed a sheet demonstrating our method of calculation to reach these payment figures. Should you have any questions regarding these payments, please feel free to contact me. Sincerel Michael General MMW/fw enc. . Withiam Manager 519 West State Street ticac c.., Ithaca, New York 14850 607-272-3456 November 10. 198A City of Ithaca Ithaca, New York Dear Sir: :11 '1' 44:640; .148tbeiric. Mmdcmil0Mshmli Communications Corporation A Time Inc. Company Worml0Mshm 116 Inverness Drive East Englewood, Colorado 80112 (303) 799-9599 Enclosed please find a check for $15.66.00 which i; payment of franchise fees for the period from February, 1988 through June, 1988 for American Community Cablevision. This pi,iyment reflects the additional 2% franchise fees due, accordin!!. to the new agreement. Computation is as follows: Month Gross Revenues --------------- February, 1938 *157.592.17 March 164,42.61 April 166,177.16 May 159,56.15 June 183,304.06 Total Rate *781,:102.9!') 7.00% Franchise Fee $15,626.06 I, Janice S. Waggoner, Vice Presidt.nt of Finanee of Ameriean Television and Communications Corporation, National Division, certify that the above schedule summarizes the Gross Revenues, as defined in the franchising agreement. for the period indicated for the CATV operations in the City of Ithaca. Signed: JanicS. Wa_goner.yce President of Finance vyteee.; • vti,t1criczA JSW/ncg Enclosure' Providing entertainment and information choices. November 10, 1988 City of Ithaca Ithaca, New York Dear Sir: 7 n v . American lelevision 8 Communications Corporation A Time Inc. Company National Division 116 Inverness Drive East Englewood. Colorado 80112 (303) 799-9599 Enclosed please find a check for $23.986.66 which is payment of franchise fees for the period from July, 1988 through September, 1966 for American Community Cablevision. Computation is as follows: Month Gross Revenues July, 1988 August September Total Rate $160,7t37.80 149, 1117.(',1. 17Fi,797.75 $479,733.1r,. Franchise Fee $23.98 t:; . Gt:i I, Janice S. Waggoner, Vice President of Finance of American Television and Communications Corporation, National. Division, . certify that the above schedule summarizes. the (cross Revenues, -as defined in the franchising agreement.., for the period indicated for the CATV operations in the City of IthauEt. Signed: Jan JSW/ncg Enclosure. e G. ,IAJctggoner( %.1 oe P1'C' 7 clen t:' U.1 F .i )nFti)r'i": 0-1CL.&" Providing entertainment and information choices.