HomeMy WebLinkAboutFranchise Agreement Correspondence 1991 ACC
AMERICAN COMMUNITY CABLEYISION
January 8, 1991
Mr. Thomas Terrizzi, Chairman
Ithaca Cable Commission
City Hall
108 E. Green Street
ithaca, NY 14850
Dear Tom:
Per our agreement, this letter is to clarify that American
Community Cablevision (ACC) will abide by New York State
Commission on Cable Television (NYSCCT) regulations as regards
the allowance of political endorsements on
Public/Educational/Government access. As you are aware, this is
prohibited in the franchise contract signed by ACC and the City
of Ithaca.
Because future readers of this correspondence may not know the
entire story here, the contract complied with NYSCCT's rules (in
fact was written verbatim from them) when it was written, and the
state Commission subsequently changed their position on this
issue.
ACC is operating in compliance with New York State Commission on
Cable Television's Regulations.
Sincerely,
L/
Barbara L. Lukens
General Manager
cc: Charles Guttman, attorney, City of Ithaca
Lauren Stefanelli, ACC Access Coordinator
ACC legal files
Paula Tarallo, ACC
BLL/mkk
519 West State Street Ithaca, New York 14850 607-272-3456
equal effort all the possible outcomes of this particular
issue. 4_� -
A vote on the resolution resulted as follows :
Carried Unanimously
*18 .7 Hydropower Legal Options
By Alderperson Cummings : Seconded by Alderperson Hoffman
WHEREAS, there is still some question in the community of the
ability of the City to gain long-term protection of potential
sites from hydropower development; now, therefore, be it
RESOLVED that Common Council hereby directs the City Attorney
to investigate thoroughly the legal options for long term
protection of the Ithaca Falls and Sixty Foot Dam sites from
hydropower development.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
RECESS
Common Council recessed at 9 : 35 p.m. and reconvened in regular
session at 9 : 45 p.m.
CHARTER AND ORDINANCE COMMITTEE:
\\ *15. 1 Delegation of Authority to Cable TV Commission
WHEREAS , the City of Ithaca did establish by resolution of the
Common Council an "Advisory Committee on Cable Television"
consisting of five persons on February 24 , 1975 , which
committee continues to meet and operate under the name of "The
Cable Commission" , and
WHEREAS , the City of Ithaca has recently entered into a new
cable television franchise agreement with American Community
Cablevision, which provides in Section 24 . 9 thereof that "the
Mayor or the Cable Commission shall be responsible for the
continuing administration of this Franchise, " and
WHEREAS , the City of Ithaca has also recently adopted a "Cable
Communications Ordinance, " which provides in Section 64 . 5
(5 . 1) thereof that the authority under said Ordinance "shall be
vested in the Common Council or its designee to provide day-to-
day administration and enforcement of the provisions of this
Ordinance and any Franchise granted hereunder, and to carry
out the City ' s responsibility with regard to cable
communication, " and
WHEREAS, Common Council desires to officially rename the
"Advisory Committee on Cable Television" and designate it
under said Ordinance; now, therefore, be it
RESOLVED, That the "Advisory Committee on Cable Television
"established by resolution of the Common Council on February .
24 , 1975 is officially renamed "The Cable Commission. " The
Cable Commission shall continue to have five voting members,
who shall serve five year terms. Present members of the
"Advisory Committee on Cable Television" shall continue as
27
members of "The Cable Commission" through the balance of their
terms. New members shall be appointed by the Mayor with the
approval of Common Council . one member of Common Council,
appointed in the same manner, shall also serve as a non voting
member of The Cable Commission. At the first meeting of each
year, The Cable Commission shall elect a Chair, a Vice-Chair
and a Secretary and shall adopt a schedule of monthly meetings.
Copies of the minutes of each meeting shall be transmitted to
the Mayor and Common Council , and be it further
RESOLVED, That The Cable Commission is hereby designated to
provide day-to-day administration and enforcement of the
provisions of the "Cable Communications Ordinance" and any
Franchise granted thereunder, and to carry out the City' s
responsibility with regard to cable communications pursuant to
Cable Communications Ordinance Section 64 . 5 (5. 1) , subject to
review by Common Council as it deems appropriate at any time. '
Alderperson Lytel stated for the record that day-to-day
administration and enforcement of the provisions of the
franchise does not include the findings and determinations of
breach of the contract which under the franchise and ordinance
is reserved to the Common Council .
City Attorney Nash agreed that the ultimate determination of
breach is reserved to Council .
A vote on the resolution resulted as follows: U
Ayes (9) - Booth, Schlather, Cummings, Lytel , Johnson,
Hoffman, Peterson, Nichols, Killeen
.Abstention (1) - Romanowski (Conflict of Interest)
Carried
It was noted for the record that the above resolution on Cable
Television should be included in the section entitled
"Resolutions" in the City of Ithaca Municipal Code.
*15. 2 Amendment to Section 7 . 10 of the City Charter Respecting
Liability of the City for a Defect on City Property Where the
City Has Not Received Written Notice of That Defect - Local Law
By Alderperson Booth: Seconded by Alderperson Killeen
LOCAL LAW NO. OF THE YEAR 1989
CITY OF ITHACA
A LOCAL LAW AMENDING ARTICLE 7 , SECTION 7 . 10 EN`T'ITLED
'LIABILITY FOR SIDEWALK INJURIES ' OF THE CITY OF ITHACA
CHARTER
BE IT ENACTED by the Common Council of the City of Ithaca,
. New York as follows:
SECTION 1 . AMENDING SECTION 7 . 10 OF THE CITY OF ITHACA
CHARTER.
Article 7 , Section 7 . 10 of the City of Ithaca Charter is
hereby amended to read as folloxs :
persons, especially those with disabilities, have this
information before an emergency arises .
(Chapter 85, Laws of 1990)
Solid Fuel Burning Devices
Assembly bill 7971 (Tonko) - would clarify the intended
purpose of prior legislation by directing that standards for
inspections of solid fuel burning heating appliances, chimneys
and flues are to be included within the Uniform Fire and Building
Code.
(Passed Assembly; died in Senate Housing and Community
Development Committee)
CABLE TELEVISION
Cable Consumer Bill of Rights, A. 9288 (Brodsky)
The quasi-monopoly position of the cable industry, created
by de-regulation through the federal Cable Communications Act of
1984 , produced a consistent and rapid increase in the prices
charged by cable companies. Cable customer contracts frequently
provided that programming changes directly affecting their
subscribers could be made without any notice to those
subscribers . Moreover, cable companies often failed to keep their
subscribers informed with respect to their current rate and
programming options .
For instance, one cable company made one of its premium
channels available to all of its subscribers for one year for the
price of its basic cable subscription. Because existing
subscribers were not notified about this change and many new
subscribers were misinformed, thousands of subscribers paid
substantially more than necessary for the cable service.
Another example of this problem was the recent dispute
between the Madison Square Garden Network (MSG) and many local
cable franchises . Cable operators wanted to switch the Yankee
baseball games to a more expensive tier in their cable package;
MSG wanted 'the program to remain part of the basic service. Many
subscribers were justifiably upset .
A. 9288 (Brodsky) - provides cable subscribers in New York
State with a number of protections . Unannounced switches from a
basic to a more expensive tier of service, or the unannounced
removal of a program, can no longer occur under the new law.
Cable operators must provide subscribers with at least 30
days ' notice before a significant programming change. In some
circumstances, subscribers can discontinue service and receive a
refund on certain charges if programming is changed.
24
The law provides cable customers with the opportunity, at
least on a semi-annual basis , to re-evaluate their subscription
contracts in light of other rate and programming options that may
have developed. Cable customers are now in a position to make
purchasing decisions more carefully tailored to their interests
and budgets .
If an advertised channel or program is cut or increased in
price without warning, the customer can terminate service and
receive a refund of the installation and sign-up charges . If the
customer keeps the service, he or she can receive credit for up
to one-third of the basic monthly service charge for up to six
months .
If cable companies do not respond to a customer ' s complaint,
the customer can now take legal action. Companies violating the
provisions of the measure can be fined up to $3, 000 per
violation, or for every person affected.
(Chapter 9 , Laws of 1990 )
INDIAN AFFAIRS
Crisis at Akwesasne
The Committee has jurisdiction over the State Indian Law and
Indian affairs generally. An issue which received a great deal
of attention by the Committee was the strife at Akwesasne, also
referred to as the St . Regis Mohawk Reservation, which straddles
the United States-Canadian border. Escalating tensions over the
presence of illegal gambling establishments at Akwesasne led to
increasing lawlessness and, ultimately, to the shooting deaths of
two Mohawk residents in May of 1990 . These killings were the
impetus for the New York State Police and their Canadian
counterparts to move onto the reservation to restore order.
In response to this crisis , the Committee convened hearings,
in conjunction with the Assembly Committee on Environmental
Conservation and the NYS Black and Puerto Rican Legislative
Caucus, to examine the deep-seated problems at the reservation
more fully.
The Committee held two hearings : the first near Akwesasne
at the Salmon River Central School on July 24 , and a subsequent
hearing in Albany on August 2 . Among the topics addressed during
the hearings were two 1990 Governor ' s program bills--one dealing
with the establishment of an indigenous police force on the
reservation ( #322 ) , and the other addressing the establishment of
a gaming compact between the State and the St. Regis Mohawk
Nation ( 11325 ) .
The Committee heard over 27 hours of testimony and received
a large number of written statements from a wide range of
25
ACC
AMERICAN COMMUNITY CABLEVISION
January 23, 1991
Mr. Tom Terizzi
City Hall
108 E. Green Street
Ithaca, NY 14850
Dear Mr. Terizzi:
American Community Cablevision (ACC) has received a number of
inquiries regarding the decision to eliminate duplication of The
Weather Channel.
ACC has carried The Weather Channel (TWC) in two locations,
channel 7 and channel 42 for nearly two years. On channel 7, it
provided background for our local news program, Newscenter 7,
which airs 6 times nightly during the week, interrupting The
Weather Channel to do so.
On February 8th, ACC will be replacing TWC on channel 7 with The
Marketplace, a photoadvertising service which will contain
weather information and other features in addition to
photoadvertising. We informed customers of this change via a
billing message, which may not have provided as much information
as we (and perhaps they) would have preferred.
TWC will continue to be available to customers - in fact, we are
moving it from channel 42 to channel 23 because we are part way
through a rebuild, and not all of our subscribers have access to
channel 42.
I have received correspondence from fewer than one half a percent
of our customers, and while all customers are important, the fact
that we are in a rate regulated market and are sensitive to
pricing, puts us in a position of having to find other means of
covering our programming costs.
As a further note, ACC is one of the very few cable companies who
have a low priced service which contains any programming other
than broadcast and PEG access (see enclosed channel line-up) . In
addition to that, we provide additional outlets and FM service at
no charge.
The Weather Channel is not being eliminated, and we are making
extra efforts in providing other means by which residents can
obtain weather information, although it has always been available
on network television and in the daily newspaper. It is the
519 West State Street Ithaca, New York 14850 607-272-3456
investment by companies like The Weather Channel in developing
its own product to enhance cable programming that came as a
result of the deregulation of the cable television industry and
which also has caused the significant rise in the cost of
programming. Unfortunately, we can't have one without the other.
The attached letter, which is being sent to customers who have
written to express their concern over our decision, may provide
some additional clarification.
Please feel free to call me if I can be of further help.
Sincerely,
Barbara L. ukens
General manager
BLL/mkk
enc. (2)
ACC
AMERICAN COMMUNITY CABLEVISION
January 23 , 1991
Mr. & Mrs. Kenneth W. White
314 Meadow Wood Terrace
Ithaca, NY 14850
Dear Mr. & Mrs. White:
While ACC would like to respond to all customer complaints by
doing exactly what the customer wants, it is not always possible.
It is also not practical to obtain a vote from all customers
every time a decision is made.
Your letter mentioned that we periodically mail surveys and do
not respond by doing what the customers want, but I'd like to
point out that ACC is adding the two channels customers asked for
the most in our most recent survey (The Nostalgia Channel on
February 8th, and The Sci-Fi Channel as soon as it becomes
available to us) .
I have attached some additional information regarding ACC's
decision regarding The Weather Channel. it is an unfortunate
reality that we cannot please all of our customers all of the
time.
Sincerely,
j
Barbara L. Lukens
General Manager
cc: Mayor Ben Nichols, City of Ithaca
City Cable Commission, City of Ithaca
Ric Dietrich, Town Supervisor, Town of Danby
Assemblyman Martin Luster
Frank Proto, County Representative for Danby and Caroline
US Senator Daniel P. Moynihan
US Senator Alphonse D'Amato
US Congressman Matt McHugh
Steve Stein, Planning Board, Town of Danby
BLL/mkk
enc.
519 West State Street Ithaca, New York 14850 607-272-3456
ITHACA CHANNEL LINE-UP JAN-FEB 191
O1 VIEWER'S CHOICE (PAY PER VIEW)
B 02 ABC-9/WIXT
B 03 NBC-3/WSTM
B 04 PBS-24/WCNY
B 05 CNN
B 06 FOX-68/WSYT
B* 07 THE MARKETPLACE/L.O. (AS OF 2/8/91)
B 07 NEWSCENTER 7, M-F 6-11PM ON THE HOUR
B 08 PBS-46/WSKG
B 09 IND-9/WWOR
B 10 ESPN
B 11 IND-11/WPIX
B 12 CBS-12/WBNG
B 13 THE LEARNING CHANNEL
B 13 CABLE 13 , PUBLIC ACCESS
+ 14 HBO
+ 15 CINEMAX
+ 16 THE DISNEY CHANNEL
B 17 CBS-5/WTVH
B 18 NBC-40/WICZ
B 19 C-SPAN
B 20 ABC-36/WENY
21 MTV
22 USA NETWORK
* 23 THE WEATHER CHANNEL (AS OF 2/8/91)
24 TNT
25 NICKELODEON/NICK-AT-NITE
26 ARTS AND ENTERTAINMENT
27 CNBC
28 MSG/THE TRAVEL CHANNEL
29 BRAVO/C-SPAN II
30 DISCOVERY
31 AMERICAN MOVIE CLASSICS
32 CNN HEADLINE NEWS
33 THE FAMILY CHANNEL
34 NASHVILLE NETWORK
35 JC PENNEY SHOPPING
36 VIDEO HITS 1
37 LIFETIME
38 BLACK ENTERTAINMENT TELEVISION
* 39 E! ENTERTAINMENT (AS OF 1/1/91)
40 THE LEARNING CHANNEL
41 QVC
* 42 FINANCIAL NEWS NETWORK (AS OF 2/8/91)
43 THE COMEDY CHANNEL
* 44 NOSTALGIA TELEVISION (AS OF 2/8/91)
* 45 THE SCI-FI CHANNEL (91 - WHEN AVAILABLE)
B 53 GOVERNMENT/EDUCATIONAL ACCESS
B BASIC CABLE SERVICE
+ PREMIUM CHANNELS
* CHANGES
Paae 2
January 23 , 1991
We want our customers to know, ACC plans to provide local weather
information on the Marketplace and we are investigating our
options for providing it in a timely manner. We are also looking
at a way to provide emergency weather information. In addition,
CNN provides weather information periodically throughout the day,
including business traveler's advisories.
The Weather Channel will be found on channel 23, on our standard
service, which is available for less than an additional 26 cents
a day, less than the cost of a daily newspaper.
one of the beauties of Ithaca is that we live in an area where
there is great diversity of opinion. While we understand that
not everyone will agree with this decision, we believe it is the
best under the circumstances.
Sincerely,
Barbara L. Lukens
General Manager
BLL/mkk
ACC
AMERICAN COMMUNITY CABLEVISION
January 23 , 1991
Dear Customer:
A number of ACC's customers have asked for more information as to
why ACC is eliminating duplication of The Weather Channel by
replacing it with The Marketplace, effective February 8th, on the
basic service. While the explanation below is fairly lengthy, it
is intended to provide customers with a more complete picture of
the situation.
Many cable companies offer at least two levels of service for
their customers: a service designed to provide a minimum of
television signals and respond to a need for those on limited
incomes, and a standard service for those who desire a wide
variety of television choices. The lower priced level of
service almost always includes only broadcast television (network
and PBS stations which can be received by a rooftop antenna) and
public access channels, where they exist.
The standard level includes all of the above, lus a broad
selection of programming which was developed aproduced
primarily for viewing by cable television customers.
In Ithaca, the lowest "basic" service is unusual in that much
more is provided than a "lifeline" service as it also includes
CNN, ESPN, and two independent stations, WWOR and WPIX, which are
received via satellite antennas and part time carriage of The
Learning Channel and The Weather Channel.
ACC's basic service is rate regulated by the City of Ithaca, and
therefore as cable programmers increase their rates to ACC, ACC
is unable to recoup its expenses. Over the last two years, while
ACC's costs to purchase programming have increased by 80%,
subscriber prices have increased, on average, 10-11.75% annually.
ACC must develop new revenue streams to recoup this shortfall,
and The Marketplace, a photoadvertising service, is one such idea
that also provides a valuable service to our community and our
customers.
In order to carry The Marketplace on the lowest level of service
something had to be replaced. In this particular situation, The
Weather Channel was the lesser of all evils since it is available
on the standard service and our carriage on basic was simply
duplication. Newscenter 7 will continue to be found on Channel
7 .
519 West State Street Ithaca, New York 14850 607-272-3456
IT
4'0,9••...........••�0
m,°�RATED
CITY OF ITHACA
I oE3 Fns r c "F s rFa F=1
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE: 272-1713
MAYOR CODE 607
January 25, 1991
Lauren Stefanelli
Cable 13
American Community Cablevision
519 West State Street
Ithaca NY 14850
Dear Lauren:
I am replying to your letter dated January 21, 1991 concerning complaints about the
January 17 Round About Ithaca program on the public access channel.
As a matter of fact I personally received a number of calls on the same subject and my
office has never refused to take any call on any subject. None of the callers to my knowledge
objected to the presence of a public access channel in principle. The complaints were about this
specific program. As Community Access Coordinator you should share with me the delight in the
news that so many subscribers are watching Channel 13.
It is true that callers were referred to your number (272-7272) to register their complaints.
It was my understanding that it is your responsibility to keep a log of all complaints about access
programs and that this log serves as the basis of consideration by the Access Advisory Board
whose membership is jointly determined. I am surprised that your letter makes no reference to that
board. It is their specific responsibility to advise on access policies, procedures, and rules.
Callers were also urged to put their complaints to you in writing with a copy to the Cable
Commission.
As Community Access Coordinator you should be more knowledgeable about the
requirements for ACC to provide public access. Yes,the City wants channels devoted to public,
governmental,and educational access. But to say that "Public access exists at the specific demand
of the City of Ithaca" leaves out the fact that the Regulations of the New York State Commission
on Cable Television, Section 595.4(b)(1) specifically require that there should be at least one full
time public channel and at least one full-time governmental-educational channel. That was
understood when the franchise was negotiated. If in fact ACC is stating that public access is
available only because of the city's demand, you are not only passing out wrong information but
also demonstrating your lack of commitment to access.
A,,F-iu:n nrT... ..d+,F...i ... .,,All
It was completely irresponsible for your staff to refer complaints to the home phones of the
Cable Commission. You administer Channel 13 and you should explain that the complaints will be
logged and transmitted to the appropriate bodies for their action.
There should also be a written statement of the principles and standards for public access
that can be sent to people on demand or perhaps distributed in an ACC mailing. People should
also be made aware of how they can gain access for their own views. I would suggest that the
drafting of that statement should be a charge for the Access Advisory Board and that it be reviewed
by the Cable Commission and ACC.
As you may note I was less than enthused by your letter. If public access did not generate
community controversy it would not be doing its job. You personally deserve credit for its growth
in quantity and quality. Keep up the good work.
Sincerely,
1�1
Benjamin Nichols
Mayor
cc: Barbara Lukens, General Manager
Tom Terrizzi, City Cable Commission
Mary Jo Dudley, Access Advisory Board
P.S. Please see my column in the Grapevine on January 30, 1991.
BN/ta
Weekly Bulletin January 25, 1991
STATE OF NEW YORK
COMMISSION ON CABLE TELEVISION
EMPIRE STATE PLAZA
TOWER BUILDING
ALBANY, NEW YORK 12223
This Bulletin contains two categories of information:
Requests for Commission Action
Notes of General Interest
For a complete description and listing of all requests and actions,
or for further information regarding items in the bulletin, please
contact our Albany office at 518-474-4992 .
For the period covered: January 18, 1991 through January 24 , 1991 .
REQUESTS FOR COMMISSION ACTION
Docket Date
Number Received
31005 Application by Niagara Frontier Cable 1/23/91
Television Inc. for approval of a renewal
of its franchise with the Town of
Lewiston (Niagara County) (Initial Franchise
Docket No. 10073)
NOTE OF GENERAL INTEREST
The Commission's 17th Annual Northeast Cable Television Technical
Seminar has been scheduled for May 20, 21, and 22 , 1991 at the
Roaring Brook Ranch, Lake George, New York. A complete schedule of
events will be available next month.
For further information on the Seminar please contact the Commission' s
Division of Telecommunication' s Office at (518) 474-1324 .
www■
AW i i lll�
American Television &
Communications Corporation
January 25, 1991 A Time Inc. Company
National Division
160 Inverness Drive West, Suite 300
P.O. Box 6929
City of Ithaca Englewood, Colorado 80155-6929
Ithaca, New York (303) 799-9599
Dear Sir:
Below is a report showing Gross Revenues for January, 1990
through December, 1990, The report is in compliance with
Section 18.5 (B) . of the franchise agreement, approved by
the City Council June 8, 1988, with American Community
Cablevision.
Computation is as follows:
Month Gross Revenues
--------------- ---------------
January, 1990 $182,716.99
February 185,340.77
March 195,679.64
April 199,229.69
May 176,386.50
June 165,602.65
July 175,384.62
August 157,636.42
September 215,706. 12
October 204,210.23
November 206,455.34
December 194,628.68
---------------
Total $2,258,977.65
---------------
---------------
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:
Iv W. Parish, Controller
IWP/jdh
Enclosure
Providing entertainment and information choices.
.w
ACC
AMERICAN COMMUNITY CABLEVISION
February 1, 1991
Ms. Callista Paolangeli,City Clerk
City Hall
108 E. Green Street
Ithaca, NY 14850
Dear Cookie:
1990 was, as usual, a busy year at ACC and we made some changes
to accommodate our customers and provide better service. Here
are some of the changes made to effect improved service.
o We added an Audio Response Unit (ARU) , which we dubbed
Nadine, and which has it telephone lines incoming. As soon as a
call is transferred out to a Customer Service Representative, the
incoming line is freed up for another caller. This has increased
our telephone answering potential. Another plus is that custom-
ers having touch tone phone service and who wish to check their
account balance or order a PPV event are able to do so directly
through the ARU, leaving the customer service representatives
available for those callers who require their assistance.
o Installers received extra training so they would be able to
deal with service problems. As a result of this program, all
technicians are able to handle most service calls. This has
helped us improve our customer response time by allowing us to
call on the technician who is nearest to a problem at the time of
occurrence, rather than always having to radio to the most exper-
ienced staff member who may not be in the immediate area.
o Changes were made in the way we contact students and work
through the problems associated with their return (primarily in
the fall) . Unless a student requested a specific date beyond 7
days, our installation crews were able to schedule all installa-
tion appointments within 7 working days during this incredibly
busy period. We review and revise these procedures annually,
ever searching for the perfect way to handle the rush.
o ACC worked with educators and cable programmers in putting
together a "Cable in the Classroom" program to create an aware-
ness of cable programming which can be used as a valuable teach-
ing tool. A number of the cable programmers have developed
specific programs for teachers and students which are available
for taping and can be reused as often as needed. To make this
program as effective as possible, ACC provided free standard
service to all schools, an annual commitment of approximately
$11, 000.
519 West State Street Ithaca, New York 14850 607-272-3456
Page 2
Ms. Callista Paolangeli
February 1, 1991
o At the request of our customers, ACC removed the Prevue
Guide from channel 6, replacing it with the Syracuse Fox affi-
liate, WSYT-68.
o During 1990, ACC expanded its basic cable service from 12
channels to 17 channels. In order to accommodate those customers
who do not own cable ready television sets, ACC purchased and
distributed channel selectors to basic cable subscribers who
needed them - at no charge to our customers. Customers who
subscribe only to basic cable service received more for their
money.
As you probably know, ACC conducted a survey in August in order
to obtain input from all customers regarding additions to our
programming. There were over 2700 respondents, or more than 10%
of our customer base. The top two choices were Nostalgia Televi-
sion and The Sci-Fi Channel. A copy of the official results can
be made available if you would like to see them.
We are responding to the wishes of our customers by adding
Nostalgia Television on cable channel 44 in February of 1991.
The Sci-Fi Channel does not yet have a confirmed launch date, but
is expected to be available by mid year 1991. ACC will add Sci-
Fi on cable channel 45 as soon as it is available. In addition,
we added a bonus channel on January first when we launched E!
Entertainment on cable channel 39.
We recently sent all customers in Ithaca our 1991 annual
newsletter detailing such things as office hours, rates and
services, review of past year's activity and plans for 1991. We
hope this newsletter serves to better inform our customers.
Channel 53, the new government/educational channel was operation-
al on December 15th, 1990. It will begin somewhat slowly but is
expected to build gradually. In order to be most effective, we
need to evaluate and purchase a switching mechanism. This
switcher should have adequate capability to handle access switch-
ing for the next few years, so determining what changes may take
place in access and getting approval from the Cable Access Ad-
visory Board will the determining factors in when this can be
purchased and installed. Until that time, the primary users are
expected to be the City of Ithaca and the Tompkins County Board
of Representatives. (We are already talking about the possibil-
ity of adding channel 54 for educational access and utilizing
channel 53 solely for government access. )
Page 3
Ms. Callista Paolangeli
February 1, 1991
ACC continues to provide community support in a number of ways.
We are a primary supporter of the Cayuga Chamber Orchestra's
annual Youth Concert. Our available advertising time is
frequently used for Public Service Announcements. In fact, in
1990 ACC's commitment for PSA's was in the $50-75, 000 range.
Another nearly $6,000 was made in direct contributions to benefit
12 local organizations. Our NewsCenter 7 staff are often called
upon to speak to local groups, and are happy to do so, and
several other of our staff members are active in community activ-
ities such as Sertoma and the Chamber of Commerce.
ACC's commitment to community access exceeded $200, 000 in 1990.
This commitment is in addition to the franchise fees paid to each
municipality which totaled $200,486. 00 for the year.
In 1990, ACC added .75 miles to its system in the City of Ithaca,
passing an additional 8 homes. These extensions are on Hackberry
Lane and in Stewart Park.
The range of cable services offered to customers in Ithaca
represents the very best variety of channels including twenty-
four hour news, information and entertainment. The viewing
choices available to today's cable TV customer represents an even
greater value than years past - just about a penny and a half per
channel per day!
Overall, 1990 was a good year for ACC customers. Our goals for
1991 include continued focus on improving our customer response
time, both in the field and in the office. Our target is to meet
the customer service standards adopted by the National Cable
Television Association. Each month we are moving closer to that
goal. We are also working with the Cable Access Advisory Board
and the City of Ithaca's Cable Commission on some issues revolv-
ing around PEG access, which we hope to have resolved in the near
future.
ACC has more value for the price than other providers of informa-
tion and entertainment. We offer free service calls and free
additional outlets and consistently improved product.
S' cerely,
):'a
,J �'�_
Barbara L: Lukens
General Manager
BLL/mkk
cc: Tom Terrizzi, Chair, Ithaca Cable Commission
Mr. Ben Nichols, Mayor
4 i s
4
AMERICAN COMMUNITY CA6LiV;SION
February 14 , 1991
D •
Ms. Callista Paolangeli FEB 2 O
City Clerk
City Hall
108 E. Green Street _
Ithaca, NY 14850
Dear Paolangeli:
Here are some reports which are required by our franchise
agreement. The ownership report and list of officers and board
members of ATC will be sent with our annual financial report,
which usually comes to you in September. There have been no
changes in these since they were last sent.
Included herewith are the following: FCC annual performance test-
ing results, summary of service requests and complaints, summary
of outages and summary of reports required by NYSCCT or FCC
related to city.
Included in mfr annual letter to the City were the summary of last
year's activities and the report of physical miles of plant
construction. The certified income statement was sent under
separate cover. ACC currently has 60.2 miles of of plant in
operation in the City of Ithaca.
Please feel free to contact me at 272-7875 if you have any ques-
tions.
Sincerely,
Barbara L. Lukens
General Manager
cc: Ithaca Cable Commission, w/o attachments
enc.
BLL/mkk
w
519 West State Street Ithaca, New York 14850 607-272-3456
Co
6-e2 rp Ar Crit r ie i}
CSG! /i p►�
ACC
AMERICAN COMMUNITY CABLEVISION
. April 12, 1991
Ms. Callista Paolangeli
City Clerk of Ithaca
City Hall 108 E. Green St.
Ithaca, NY 14850
Dear Ms.Paolangeli:
This is to inform you that the CNBC purchase of the Financial
News Network has been approved by bankruptcy court and is
_currently being reviewed by the Federal Trade Commission. The FTC
review process is likely to conclude on or about April 19, 1991.
A short time thereafter, FNN and CNBC will be integrated. ACC
will notify you of the definitive date of integration as soon as
we have a firm date.
At present, we anticipate CNBC/FNN to appear on cable channel 27,
and we are investigating options for a possible replacement cable
service for cable channel 42 on the Ithaca lineup.
It is CNBC's intention to combine the best of CNBC and FNN --the
best ticker, talent, features and programs. The integrated
service will be called CNBC/FNN during the business day and CNBC
at night and on the weekends. The integrated business will
continue to provide our customers with financial news
programming, consumer programming during the week and talk
programming on weekends.
To help assure a smooth transition, CNBC has set up an 800
question and answer line (1-800-SMART-TV) . This will help to
serve our customers who may have questions since it's unclear how
much advance notice and promotion will be possible. On the day of
the integration CNBC will continually communicate to our
customers all programmincj_ format changes so the information they
are accustomed to receiving will be simple to find. CNBC will
promote the 1-800-SMART-TV number on-air on the combined service
continuously for the first several weeks.
ACC will inform cable customers of this change via stuffers in
their May billing statements and on-air messages in accordance
with New York State rules and regulations, and in keeping with
Er
ssociation Standards.
isto er J. oyle
Marketing/Operations Manager
enc.
CJD/mkk
519 West State Street Ithaca, New York 14850 607-272.3456'
IACC
AMERICAN COMMUNITY CABLEVISION
May 6, 1991
Ms. Callista Paolangeli
City of Ithaca
City Hall 108 E. Green St.
Ithaca, NY 14850
Dear Ms.Paolangeli:
I want to call your attention to a special problem American
Community Cablevision has and to provide you with advance
information on how we intend to deal with it.
The problem is theft of cable service. It is draining thousands
of dollars in lost revenues from our cable company in City of
Ithaca each year.
Part of the problem is that many people don't think of stealing
cable signals as a crime. But under New York law, it is just
like shoplifting. And, when somebody steals, somebody else
pays. We're going to alert our subscribers to this fact through
a public education campaign during the month of May. During our
"awareness period" those who may be taking cable or some of our
services for free can turn themselves in without fear of
reprisal.
After that period, we intend to undertake a comprehensive audit
of our system using the latest in advanced technology which will
enable us to pinpoint where problems may exist. If we find them,
we intend to see that the law is enforced.
Our interest is in assuring that our friends and neighbors who
subscribe to cable services aren't having to pay for the guy down
the block. It costs us money, it costs them money and it costs
the City of Ithaca money from lost franchise fee revenues.
Because of your leadership position within our community, we
thought you'd want to know about our program. If you have any
questions about it, don't hesitate to call me.
Sincerely,
Barbara L. Lukens C/C
General Manager
519 Was State Stree Ithaca, New York 14850 607-272-3456
i
IACC
AMERICAN COMMUNITY CABLEVISION
Ms. Callista Paolangeli
City Clerk
City Hall, 108 E. Green St.
Ithaca, New York 14850
May 21, 1991
Dear Ms. Paolangeli:
This is to inform you that the CNBC purchase of the Financial
News Network has been approved.
By the end of this week, FNN and CNBC will be integrated. ACC
will notify you of the definitive date of integration as soon as
we have a firm date.
CNBC/FNN will replace FNN on cable channel 19 in Candor.
CNBC/FNN will replace FNN on cable channel 20 in Newark Valley.
CNBC/FNN will appear on cable channel 27,and we are investigating
options for a possible replacement cable service for cable channel
42 on the Ithaca lineup.
It is CNBC's intention to combine the best of CNBC and FNN --the
best ticker, talent, features and programs. The integrated
service will be called CNBC/FNN during the business day and CNBC
at night and on the weekends. The integrated business will
continue to provide our customers with financial news
programming, consumer programming during the week and talk
programming on weekends.
more. . .
vtb,1A
8 Mq , 1991 L�
CURS OFFICE
Ithaca, N.Y.
L ,
Q. , `�
519 West State Street Ithaca, New York 14850 607-272-3456
IACC
AMERICAN COMMUNITY CASLEVISION
CNBC/FNN
To help assure a smooth transition, CNBC has set up an 800
question and answer line (1-800-SMART-TV) . This will help to
serve our customers who may have questions since it's unclear how
much advance notice and promotion will be possible. On the day of
the integration CNBC will continually communicate to our
customers all programming format chances so the information they
are accustomed to receiving will be simple to find. CNBC will
promote the 1-800-SMART-TV number on-air on the combined service
continuously for the first several weeks.
ACC will inform cable customers of this change via stuffers in
their June billing statements and on-air messages in accordance
with New York State rules and regulations, and in keeping with
Cable Association Standards. A press release to all media will be
mailed immediately.
Si a el
Christo er J. Doyle
Marketing/Operations Manager
cc Mayor/Supervisor
NYS Cable Commission
Ithaca Cable Commission
EFFECTIVE MAY 20, 1991 QVC IS CARRIED ON CABLE CHANNEL 35/41
IN ITHACA;40 IN NEWARK VALLEY;23 IN CANDOR. THIS CHANGE WAS
MADE BY THE OWNER OF THE CHANNEL. THE CHANGE WAS NOT MADE BY
JC PENNEY OR YOUR LOCAL CABLE COMPANY. ACC IS REQUIRED BY
SEPARATE CONTRACTS TO CARRY QVC AS REPLACEMENT OF JC PENNEY.
IN ITHACA, ACC IS REQUIRED TO CARRY QVC ON CHANNELS 35 AND 41.
.THEREFORE, IN ITHACA, CHANNEL 35 WILL DUPLICATE THE QVC PRO-
GRAMMING ON CHANNEL 41 UNTIL LATE SUMMER WHEN, WE ARE TOLD,
THE PROGRAMMING WILL BE REPLACED WITH A DIFFERENT PRODUCT.
519 West State Street Macs, Now York 14850 607-272-3456
ACC
AMERICAN COMMUNITY CABLEVISION
May 31, 1991
Ms. Cookie Paolangeli
City Clerk
City of Ithaca
108 E. Green Street
Ithaca, NY 14850
Dear Ms. Paolangeli:
Enclosed is a check in payment of American Community
Cablevision's franchise fee for the first quarter of 1991. A
statement outlining the computation of this fee payment has been
included. Should you have any questions, please feel free to
call me.
American Community Cablevision takes great pride in serving the
residents of the City of Ithaca.
Yar
cer7lbara L. ukens
General manager
BLL/mkk
enc.
519 West State Street Ithaca, New York 14850 607-272-3456
ACC
AMERICAN COMMUNITY CABLEVI=ION
R
June 18, 1991 Vt
�,
8 JUN2 0 1991
Ms. Debra A. Parsons CTI �t�lt'S OtF1C�
Chamberlain's Office Ithaca, N.Y.
108 East Green Street
Ithaca, NY 14850
cJl
Dear Ms. Parsons:
In July, 1991 ACC is informing City of Ithaca customers that a
senior citizen's discount on basic cable service, which is need
based, is available in Ithaca.
The message will be printed directly onto their bills and says:
"ACC OFFERS A 10% DISCOUNT ON BASIC CABLE SERVICE TO CUSTOMERS
65 YRS OF AGE OR OLDER AND WHOSE TOTAL ANNUAL HOUSEHOLD INCOME IS
LESS THAN $15, 000. APPLICATION MUST BE MADE AT YOUR MUNICIPAL
OFFICE. BRING PROOF OF AGE AND INCOME WHEN APPLYING. "
I thought you'd like to know this since you may get a number of
applicants following our notification.
Also, we are looking for a way to indicate to seniors that they
have received the discount. Right now, if they've satisfied the
criteria, they are getting the discount, but there is nothing on
the bill to indicate this. We'd like to end the confusion if we
can.
If I can be of further service, please call.
Sincerely,
Barbara L. Lukens,
General Manager
cc: Tom Terrizzi, Chair of Ithaca Cable Commission
Cookie Paolangeli, City Clerk
519 West State Street Ithaca,New York 14850 607-272-3456
Audited- Financial Statements
American Community Cablevision
Division of American Television and
Communications Corporation
Year ended June 30, 1991
with Report of Independent Auditors
ERNST&YOUNG
AMERICAN COMMUNITY CABLEVISION
DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION
Audited Financial Statements
June 30, 1991
Audited Financial Statements
Report of Independent Auditors.............................................. ....1
Statement of Assets, Liabilities and Net Assets................... ..............2
Statement of Revenues and Expenses and Changes in Net Assets......... ........ ...3
Statement of Cash Flows.........................................................4
Notesto Financial Statements............................................... . . ..5
-
-
MERNST&YOUNG ■4300 Republic Plaza ■ Phone 303 534 4300
Denver, Colorado 80202
REPORT OF INDEPENDENT AUDITORS
The Board of Directors
American Television and Communications Corporation
Stamford, Connecticut
We have audited the accompanying statement of assets, liabilities and net
assets of American Community Cablevision Division of American Television
and Communications Corporation as of June 30, 1991, and the related
statements of revenues and expenses and changes in net assets and cash
flows for the year then ended. These financial statements are the
responsibility of the Division's management. Our responsibility is to
express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are
_., free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles
used and significant estimates made by management, as well as evaluating
the overall financial statement presentation. We believe that our audit
provides a reasonable basis for our opinion.
.- American Community Cablevision is a part of American Television and
Communications Corporation and has no separate legal status or
existence. Transactions with American Television and Communications
—
Corporation and other affiliates are described in Note 1.
In our opinion, the financial statements referred to above present fairly,
in all material respects, the assets, liabilities and net assets of
American Community Cablevision Division of American Television and Com-
munications Corporation at June 30, 1991, and its revenues and expenses
and changes in net assets and its cash flows for the year then ended in
conformity with generally accepted accounting principles.
September 20, 1991
- 1 -
AMERICAN COMMUNITY CABLEVISION
DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION
STATEMENT OF ASSETS, LIABILITIES AND NET ASSETS
June 30, 1991
aw ASSETS
Cash $ 55,233
Accounts receivable, less allowance for
doubtful accounts of $105,886 205,681
Prepaid expenses 17,297
Property, plant and equipment,
y- at cost--Note 2:
Land, building and improvements $ 1,892,252
Distribution system 18,270,946
.. Vehicles and other equipment 2,408,909
Construction in progress 177,809
22,749,9166
Less accumulated depreciation (9,057,836)
Net property, plant and equipment 13,692,080
Franchise costs, less accumulated
amortization of $1,167,156--Note 2 1,301,300
$15,271,591
LIABILITIES AND NET ASSETS
Accounts payable $ 510,220
Accrued liabilities 626,618
—' Subscribers' advance payments and deposits 235,420
1,372,258
Net assets--Note 1 13,899,333
$159271,591
See notes to financial statements
- 2 -
AMERICAN COMMUNITY CABLEVISION
DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION
STATEMENT OF REVENUES AND EXPENSES AND CHANGES IN NET ASSETS
Year Ended June 30, 1991
Revenues:
Service $6,625,132
Connection and other 1,303,520
$ 7,928,652
_. Expenses--Note 3:
Operating and origination 3,027,726
Selling, general and administrative 1,668,518
Depreciation and amortization 1,685,228
Interest, net 653,222
7,034,694
Income before charge in lieu of income taxes 893,958
Charge in lieu of income taxes--Note 4 362,000
Net income 531,958
Net assets at beginning of year 11,976,925
Net advances from corporate office 1,390,450
Net assets at end of year $132899,333
See notes to financial statements
- 3 -
AMERICAN COMMUNITY CABLEVISION
DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION
STATEMENT OF CASH FLOWS
Year Ended June 30, 1991 .
Cash Flows From Operating Activities:
Net income E 531,958
Adjustments to reconcile net income to
net cash provided by operating activities:
Depreciation and amortization 1,685,228
Change in operating assets and liabilities:
Receivables and prepaid expenses (36,270)
Payables, accrued liabilities and
subscribers' advance payments 465,157
Net Cash Provided By Operating Activities $ 2,646,073
.. Cash Flows Used In Investing Activities:
Net purchases of property, plant and
equipment (4,001,638)
Cash Flows From Financing Activities:
•- Advances from American Television
and Communications Corporation 1,390,450
Net increase in cash 34,885
Cash at beginning of year 20,348
Cash at end of year $ 55,233
Supplemental Disclosures of Cash Flow Information:
Cash paid during the year for:
Interest $ 720,563
Income taxes 362,000
See notes to financial statements
- 4 -
AMERICAN COMMUNITY CABLEVISION
DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION
NOTES TO FINANCIAL STATEMENTS
June 30, 1991
1. Basis of presentation
American Community Cablevision (the Division) is principally engaged in the
cable television business. Such operations consist primarily of selling video
programming which is distributed to subscribers for a monthly fee through a
network of coaxial cables. It operates in the City of Ithaca, New York and
contiguous areas under nonexclusive franchise agreements which are in effect
._ until 1998.
The Division has no separate legal status or existence. The Division's
.. resources and existence are at the disposal of American Television and
Communications Corporation (ATC) management, subject to contractual
commitments by ATC to perform certain long-term contracts within the present
divisional structure. The Divisions's assets are legally available for the
satisfaction of debts of ATC, not solely those appearing in the accompanying
statements, and its debts may result in claims against assets not appearing
therein. The Division is one of several divisions and subsidiaries of ATC,
.� and transactions and the terms thereof may be arranged by and among members of
the affiliated group. ATC is an 82% owned subsidiary of Time Warner Inc.
(Time Warner).
2. Significant accounting policies
Property, plant and equipment: Depreciation is provided on the straight-line
basis over the estimated useful lives of the assets as follows:
Building and improvements 10-20 years
_ Distribution system 8-15 years
Vehicles and other equipment 4-10 years
Franchise costs: The Division has deferred costs incurred to acquire the
franchises. Additional costs incurred to renew the franchise have also been
deferred. Amortization of franchise costs is provided on the straight-line
basis over periods of up to forty years.
Statement of cash flows: For purposes of this statement, cash includes all
highly liquid investments with an original maturity of three months or less.
3. Related party transactions
The statement of revenues and expenses and changes in net assets includes a
charge for programming and promotional services provided by Home Box Office
Inc., a subsidiary of Time Warner. These charges were based upon customary
rates.
- 5 -
AMERICAN COMMUNITY CABLEVISION
DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION
NOTES TO FINANCIAL STATEMENTS
—
June 30, 1991
3. Related party transactions (continued)
The Division records charges for a portion of ATC's selling, general and
administrative expenses ($531,461 for the year ended June 30, 1991) which are
allocated to divisions and subsidiaries based upon subscriber levels.
Interest charged to the Division by ATC ($720,563 for the year ended June 30,
1991) was computed by multiplying 61% of the Division's average net assets
(computed using beginning and end of year balances) by the average interest
rate on ATC's outstanding borrowings (9.13% for the year ended June 30, 1991);
interest applicable to construction in progress ($66,195) was capitalized.
4. Income taxes
The operating results of the Division are included in the Time Warner
consolidated federal income tax return. ATC has a tax sharing agreement with
Time Warner under which ATC calculates its income taxes as if ATC and its
subsidiaries comprised a separate affiliated group.
In lieu of income taxes, ATC charges the Division an amount which approximates
statutory state and federal income tax rates on pretax income.
5. Leases
Rental expenses for all operating leases, principally office rent and pole
attachments, for the year ended June 30, 1991 amounted to $132,423. The
Division had no significant noncancelable rental commitments.
6. Pension and other benefit plans
The Division participates in a noncontributory defined benefit pension plan
(the Plan) which is maintained by ATC and covers substantially all
employees. Benefits under the Plan are determined based on formulas which
reflect employees' years of service and compensation levels during their
employment period. Total pension cost for the year ended June 30, 1991 was
$19,490.
The Division also participates in a defined contribution plan maintained by
ATC (the ATC Employees Stock Savings Plan--ESSP) which covers substantially
all employees. The Company's contributions to the ESSP can amount to up to
6.67% of the employee's compensation during the plan year. The Board of
-- Directors of ATC has the right in any year to set the maximum amount of the
Company's contribution. Defined contribution plan expense totaled $23,573 for
the year ended June 30, 1991.
- 6 -
f
t
ACC
AMERICAN COMMUNITY CABLEVISION
CD C�
9Ea
August 12 1991 [�[l g ,
5 AUG131991 ��
CTI BLFRK'3 OFFICE
Ms. Callista Paolangeli ], Ithaca,N.Y.
City Clerk of Ithaca '4
City Hall 108 E. Green St. 1k
Ithaca,NY 14850
Dear Ms.Paolangeli:
As we review American Community Cablevision's supertier service,
(the upper tier of our standard cable service, channels 21-45) ,
we can't help but notice the excellent programming being made
available to our customers. The quality mix of programming on
these 25 channels is superb. We're proud of our responsiveness to
customer requests for new channel additions, especially those
channels that add to the overall diversity of programming that is
available only on cable. We have enclosed some information to
highlight what is available including brief programming
descriptions for each.
We have just added another two new channels to the lineup that
really enhance the overall product and which respond directly to
the wishes of our customers. The two new channels are Mind
Extension University (42) and The Monitor Channel (45) .
Mind Extension University - A diverse educational channel which
pFr—ovid—es--a-aTH uca ion selections from GED preparation, SAT
preparation, literacy classes and bachelor degree programs to an
otherwise wide variety of classroom experiences via television.
ACC simply provides the television signal and Mind Extension
University does the rest. Customers can register via a toll free
800 number and can go to school in their own homes.
In new channel surveys conducted last August more than half of
the respondents stated that they were "very or somewhat
interested" in having ACC add ME/U. In addition, nearly a third
rated ME/U as one of their top three choices for a new channel.
The Monitor Channel - A news and documentary channel, primarily.
IE-oT e�eguTa--rin-depth news programs, children's programming,
gardening, personal finance, updates on what's happening in
Congress and more. Additionally, there are specials such as "The
Silk Road", a 60 plus week series on the travels of Marco Polo.
519 West State Street Ithaca, New York 14850 607-272-3456
On October 1st we are changing some rates. ACC will initiate a
late payment fee of $5 for customers whose accounts are in
arrears by sixty days. The fee we charge for checks returned by
the bank will be $25. A very small percentage of our customers
drive a disproportionately high administrative cost for
collections procedures. We owe it to the large majority of our
on-time customers to reduce, and/or cover that collections
expense.
On October 1st the rate for Supertier will be $9. 13 plus the
applicable franchise fee.
As stated earlier, our standard customers will receive 44
services including the country's most popular entertainment,
news, information, and education based channels. All of this for
about 75 cents a day. We will continue to back this value with
quality customer service.
sincerely, or
/ n
Barbara L. Lukens (1>14,rL�
General Manager
enc.
BLL/mkk
St,
ACC Standard Services
CM
With ACC's Standard Ser- Cable News Network ESPN,the total sports net- The Learning Channel
vice you will receive over telecasts in-depth news 24 work,provides sports fans is America's educational
42 channels of the most hours a day,every day of the with the broadest and most network,with a full range of
year. CNN transmits news in-depth coverage of sports programs helping you live
popular and diversified
Cable programming for as it happens from all over the on television. From NFL more easily in today's world.
P g g world. It also offers daily pre-season and regular sea- Whether it's a new skill,a
only $22.40 per month, sports highlights shows,busi- son games to the race for the science or history program,
which includes franchise ness news&talk shows such America's Cup to college or a college entrance exam
fees. as Larry King Live. Week- football,baseball and bas- preparartion course,the
ends bring special interest ketball,ESPN has it all: Learning Channel is your
programming on health,sci- tennis,soccer,boxing,la- source for learning when-
Our Standard 42 Channel ence,fashion,cooking and crosse,auto racing,golf and ever you're ready.
Cable Service is comprised travel. CNN surely is"The skiing. SportsCenter, Channel 40 full time,
of two tiers of service; a world's most important net- recognized by many as tele- Channel 13 daytime
tier of 17 channels priced work."Channel 05 vision's most comprehensive
at $13.31 which includes daily sports news show,is an-
franchise fees and a tier of other highlight of ESPN,one
of cable's most popular chan-
25 channels priced at an nels. Channel 10
additional $9.13.
Included in our Standard USA
Service are satellite than- OSPAn
nels, plus full-time carriage NE11N01irK
of popular services Discov-
ery,American Movie Classic
and the Family Channel.
These channels and more Cable Satellite Public Music Television, USA Network has some-
Affairs Network is best Americas leading 24-hour thing for everyone! USA has
are highlighted on the known for its live unedited music video channel,is here! the movies,the sports and
pages that follow. proceedings of the US House Get set rockers. .. MTV the specials plus suspense
of Representatives during features continuous videos, and drama series for the en-
the day with rebroadcast rock concerts,music world tire family. Mornings,after
And within our basic highlights at night. Other news and special events. school and weekends are
channel lineup we feature programming includes live Channel 21 devoted to USA's award-
local broadcast affiliates Congressional hearings, winning childrens pro-
including WSYT from Press Club speeches and gramming. During the day,
Syracuse, a member of the daily call-in shows that allow exciting lifestyle programs,
FOX Network and New York viewers to speak with politi- great movies and fun-filled
City based Independent tally prominent guests. game shows can be found.
Channel 19 During prime time,USA
channels WWOR and WPIX. viewers watch original
comedies,exclusive series,
In all, ACC's Standard and sports including wres-
tling
you with a Ch from the WWF.
Service
P Y Channe122
wide range of choice, and
one of the best entertain-
ment and information
values available today!
The Weather Channel Turner Network Tele- Nickelodeon/Nick-at-
brings the weather to life vision is the latest offering Nite offers award-winning
with local conditions and from the people who bring programs such as Pinwheel
forecasts every eight min- us CNN and Headline News and Sharon, Lois & Bram's
utes,regular national and re.- . . .an entertaitiment than- Elephant-Show ani other
gional updates,plus features nel built around blockbuster family favorites day and
on weather conditions and events available only through night. At "prime time,"
their impact on daily life. TNT. Made-for-television Nickelodeon becomes Nick-
A C Channel 23 movies, live NBA action, at-Nite, the network that
and entertainment specials delivers nostalgic T.V.shows
help make TNT one of such as Car 54, Where Are
cable's most exciting new You, Mr. Ed, The Donna
channels. Channel 24 Reed Show and Route 66.
Coming Through Channel 25
519 West State Street
Ithaca, NY 14850
607-272-3456
Standard Service, continued -
CPfT�TRAWL
I �.� Look to rGreatness CHANNEL
i:abie Netwom
Arts & Entertainment Consumer News and Madison Square The Travel Channel.
is a distinctively different Business Channel from Garden.Look to MSG for Before you go anvwhere,
cable network featuring a NBC delivers programming greatness with NY Ranger consult an authority, The
wide range of quality pro- that's sure to score with hockey,NY Knicks basket- Travel Channel. We bring
gramming including drama, viewers. . .Consumer and ball and NY Yankees you an informative, enter-
ballet,jazz,comedv and in- business news, up-to-the- baseball. MSG completes atwining and inspiring look at
siehtful documentaries that minute menev managementlull S�JrtS ilretlp with pI'a iiic giOhc lliwi e1lilClllg
are sure to entertain and en- tips, market coverage for boxing,tennis,WWF wres- destinations.You'll also find
lighten the entire family. the serious investor, health tling, college sports, exclu- tempting travel packages.
Channel 26 care, nutrition, and exer- sive Garden events and prig- Tune in Mondav-Friday
cise, new home buying in- inal sports series. Tune in daily. The Travel Channel
formation to clarify the Monday-Friday 7pm-2am. is a part-time service shared
mortgage mystique, tax Weekend hours vary accord- with the Madison Square
programs and tips to help ing to programming events. Garden channel.
prepare now for next year Channel 28 Channel 28
. . .24 hours a day.
Channel 27
,4mFo sp Ann uCLASUCS
Bravo is a commercial-free Cable Satellite Public The Discovery Channel American Movie Classics.
service offering a unique Affairs Network focuses on entertaining, No other cable channel or TV
blend of entertainment: in- The cable industry created non-fiction programs about station offers so many movie
^ oP "' II in i 9116 to cable- classics ui every kind. Shown
tcrrationa, fnovies, plays, nature,science and technol-
dance,jazz,opera and more. cast the live sessions of the ogy,history,world explora- from sharp quality prints,
Bravo programming is un- U.S. Senate, in their entirety. tion,and human adventure. unedited and commercial-free.
duplicated by PBS or A&E C-SPAN 11's round-the-clock Discovery programs are as Behind-the-scenes documen-
programming compliments the taries and celebrity interviews,
and is great for VCR owners endlessly fascinating as the exclusive on AMC.Even a movie
rams are .
because most programs original C-SPAN Network by world around us
p g offering more viewing alterna- trivia game show. Weekdays
not available in video stores. tives to cable TV audiences Channel 30 from 3 pm to 4:30 am and
During the day,Bravo sub- weekends from 1 pm to 7:30 am.
interested in public affairs
scribers can watch politics programming. Channel 31
in action with live gavel-to-
gavel coverage of the U.S. Channel 29
Senate on C-SPAN II.
Channel 29
NEWS E )TNN
Headline News is fast- The Family Channel The Nashville Network
paced news programmed in features wholesome, uplift- will satisfy your country
half-hour cycles. Featured ing entertainment for every- appetite with game shows,
are live, around-the-clock one with comedy classics, motor sports, comedy and
reports on the day's major classic westerns, timeless taik, fishing and home im-
stories, including business, films, news, game shows provement shows. In addi-
sports, weather, entertain- and inspirational messages. tion the songs of country
ment news and more. Channel 33 and western stars Tom T.
Channel 32 Hall,Dolly Parton,Emmv-
lou Harris and others are
featured. Channel 34
continued
Lurrnrrrnrarrrorr
BET ■
Video Hits-1 is a 24-hour Lifetime is loaded with Black Entertainment E! Entertainment
music channel offering a shows for"today's woman," Television (BET) is the Television is a 24 hour a
soft, contemporary side of from self-help, parenting, nation's first and only network day cable network that
music videos, featuring exercise and health features showcasing quality black presents news and features
songs from the '60s, '70s to controversial talk shows programming 24 hrs. a day. about the entertainment world
and'80s by many of today's and quality film classics. BET's programming is an and its' major celebrities; it is
popular artists. Some of Lifetime's popular exciting mix of today's hottest also an information source
Channel 36 hosts are Dr. Ruth West- music videos,jazz,gospel,action about current entertainment
heimer, Joan Lunden and packed sports, news, public options. E! deals with all
affairs,classic movies,star- kinds of popular entertain-
Dr. T. Berry Brazelton. studded specials and more. ment; movies, television.
Sundays are dedicated to BET-the network that dares to major- books, theater, and
the world of medicine. be different with distinctive fashion are just some of the
Channel 37 programming that reflects the worlds covered in Ps galaxy.
needs, interests and diverse Channel 39
lifestyles of Black America.
Channel 38
a
M B�QVC
y4 14
V
The Learning Channel QVC stands for Quality Value The Comedy Channel
is America's educational and Convenience. QVC offers —it's your place to laugh. . .
network,with a full range of shoppers a large selection, big a familiar, comfortable
programs helping you live savings and lots of opportuni. clubhouse you'll love to
more easily in today's world. ties to win prizes! Features visit. The Comedy Chan-
Whether it's a new skill, a include "Ideas for the Cook," nel's host will welcome you
science or history program, "ideas to Beautify Your to a world of comedy.You'll
or a college entrance exam Home," and "QVC Fashion see clips from classic come-
Fair. QVC also offers high-
preparation course, the quality merchandise from Sears, dies and the newest films. ,.
Learning Channel is your You'll go behind-the-scenes
and many other product lines
source for learning when- available to cable shoppers with top comics.And there's
ever you're ready. exclusively. much more, because The
Channel 40 Channel 41 Comedy Channel covers the
full spectrum of humor.The
Comedy Channel—there
whenever you need it. So
turn it on.. .just for laughs.
Channel 43
J
Nostalgia Television is The Monitor Channel Mind Extension
television geared to the A wide variety of informa- University The education
tastes, interests and concerns tional programming for the Network that enables you to
of the fast-growing active globally minded viewer. The learn at home,24 hours a day.
adult American market. it's Monitor Channel's daily fare MEU offers live interactive
television for the viewers are news,sports,news analysis high school courses,advanced
that want their program and commentary by distin- degree program,and adult
ming to reflect the active guished columnists and personal and professional de-
lives they lead. Nostalgia experts,enriching coverage of velopment courses.
delivers news and informa- the arts,and worldwide enter- Channel 42
tion programming that tamment programming.
affects todav's active adult Channel 45
American. Timely informa-
tion that is relevant to their
lifestyles now as well as to
the wealth of possibilities in
the future.
Channel 44
ACC
Coming Through
519 West State Street
Ithaca, NY 14850
607-272-3456
IACC
AMERICAN COMMUNITY CABLEVISION
October 22, 1991
Ms. Callista Paolangeli
City Clerk of Ithaca
City Hall 108 E. Green St.
Ithaca, NY 14850
Dear Ms.Paolangeli:
The purpose of this letter is to notify the municipality of a
trial service being offered to ACC's customers.
In response to customers who upgrade their cable service to add
HBO or Cinemax for a weekend of viewing and then drop the service
on Monday, ACC is adding pay-per-view weekends on HBO and Cinemax
on a trial basis. By making this a PPV weekend at $4.95, plus
'5ppIicaSl-e -Tr—anchise fees, customers will be able to add the
service from Friday evening at 6: 00pm through Monday morning at
6: 00am. It will require only one phone call, and the customer
will be able to order it through the audio response unit rather
than needing to talk to a customer service representative to
upgrade their service level. (ACC charges $5. 00 for a service
upgrade, and there is no charge for a downgrade. )
We're simply making it easier for customers to accomplish what
they have indicated they want - HBO or Cinemax just for the
weekend. We believe that helping customers get what they want is
good customer service.
These new PPV weekends will be available to customers in the
period from November 22 - December 22, 1991. Please feel free to
call your ACC "ambassador" if you have any questions about this
new service. If it is successful, ACC may continue to provide
the service.
Si ereelly,
oC
Barbara Lukens
General Manager �;
cc: Molly Cummings n
Christopher Doyle
John Herrewyn
Paula Tarallo IIY CL i.-ii
1 Ithaca, N.Y.
BLL/mkk
ti J�
519 West State Street Ithaca, New York 14850 607-272-3456
REPORT OF OWNERSHIP, OFFICERS, AND BOARD MEMBERS
June 30, 1991
American Community Cablevision is a 100% owned division of American Television
and Communications Corporation. ATC is an 82% owned subsidiary of Time Warner
Inc.
The following lists include individuals who are currently officers, and
members of the Board of Directors of American Community Cablevision.
OFFICERS OF THE COMPANY:
Chairman of the Board & Chief
Executive Officer Joseph J. Collins
President & Chief Operating Officer James H. Doolittle
Executive Vice President James P. Cottingham
Executive Vice President John F. Gault
Executive Vice President Kevin H. Rorke
Senior Vice President-Engineering
& Technology James A. Chiddix
Senior Vice President-Finance,
Treasurer and Assistant Secretary Richard J. Davies
Senior Vice President, Secretary
and General Counsel Henry J. Gerken
Senior Vice President-Management
Information Services Edward 0. McCarthy
Senior Vice President-Investments David E. O'Hayre
Vice President William H. Brown
Vice President Don E. Carroll
Vice President Frank J. Chiaino
Vice President-Technology Walter S. Ciciora
Vice President-Programming Fred M. Dressler
Vice President Anthony S. Esposito
Vice President-Marketing Timothy W. Evard
Vice President Thomas C. Feige
Vice President Randall 0. Fraser
Vice President Gayle L. Greer
Vice President Jeffrey M. King
Vice President Stephen G. Kniffin
Vice President-Corporate
Public Affairs Michael E. Luftman
Vice President Robert B. Niles
Vice President Thomas K. Rackerby
Vice President-New Business Carl U. J. Rossetti
Vice President Jay L. Satterfield
Vice President Jack W. Stanley
Assistant Controller Gail L. Allaman
Assistant Controller Robert W. Gaskins
Assistant Secretary and Associate
General Counsel Marc J. Apfelbaum
Assistant Treasurer Patricia L. Armstrong
Assistant Treasurer Kathryn Corry
DIRECTORS OF THE COMPANY:
Arthur R. Barron
Glenn A. Britt
David C. Chang
Joseph J. Collins
Brian Conboy
James H. Doolittle
James H. Knowles, Jr.
Herbert S. Schlosser
91-012FR
rt
AC-C
AMERICAN COMMUNITY CABLEVISION
November li, 1991
Ms. Cookie Paolangeli, ClerkClT1'Clfgi,
City of Ithaca �iaca, off,,,
City Hall
108 E. Green Street `
Ithaca, NY 14850
Dear Ms. Paolangeli:
Enclosed is a copy of ACC's audited financial statements for the
fiscal year ending June 30, 1991 as well as a list of the Officers
and Directors of American Television and Communications Corp. as of
June 30, 1991.
ACC will be doing a more complete recap of 1991 in January for your
benefit and information.
ACC is pleased to be the cable provider in the City of Ithaca. If
I can do anything for you, please contact either me. I'm here to
help.
Siz;cerely,
Barbara L. Lukens,
General Manager
cc: Mr. Benjamin Nichols, Mayor (w/o attachment)
Mr. Thomas Terrizzi, Chair Ithaca Cable Commission (w/o attach)
BLL/mkk
519 West State Street Ithaca, New York 14850 607-272-3456
ACC ze� A
AMERICAN COMMUNITY CABLEVISION dry CIfS199,
yfflif
Move mbe 26, 1991
Ms. Callista Paolangeli 0)
City Clerk of Ithaca
City Hall 108 E. Green St.
Ithaca, NY 14850
Dear Ms. Paolangeli:
Beginning January 1, 1991, American Community Cablevision will be
adding two new pay-per-view services to its channel line-up. The
two new services, Request Television and Viewer's Choice II, will
bring additional movie titles and events to ACC subscribers. As
you may know, customers pay only for the movies and events which
they order and can thus customize their viewing as well as make
selections consistent with their budgets.
In order to receive a pay-per-view movie or event, the customer
must have an addressable converter box. (Customers who subscribe
only to the basic cable service will not have an addressable
converter in their home. They may obtain one from ACC if they
wish to order pay-per-view events on a fairly regular basis. )
Pay-per-view makes watching movies and events more convenient by
bringing them to the customers. There's no need to make two
trips to the video store, and the whole family can watch a movie
for less than the price of one movie theater ticket.
It's another way that ACC is Coming Through for our customers.
Sicerely,
`,/
4—
Barbara L. Lukens,
General Manager
cc: The Honorable Bon Nichols,Mayor
BLL/mkk
519 West State Street Ithaca, New York 14850 607-272-3456
e
ACC
AMERICAN COMMUNITY CABIEVISION 11LU V $"
December 3, 19 SEC .
199
Ms. Callista Paolangeli cl 4ft'=wl"
City Clerk of Ithaca
City Hall
108 E. Green Street A
Ithaca, NY 14850
Dear Ms. Paolangeli:
I am pleased to inform you that Time Warner Inc. , which is
the parent corporation of American Television and Communications
Corporation ("ATC") and American Community Cablevision, has
recently announced an agreement with Toshiba Corporation and C.
Itoh & Co. , Ltd. to create a unique strategic partnership at the
subsidiary level, to be known as Time Warner Entertainment
Company, L.P. ("TWE") . The partnership will own, or have an
interest in, all of Time Warner's cable television system
interests, and will own Time Warner's interest in the Franchisee,
as well as Time Warner's filmed entertainment business (Warner
Bros. and Lorimar Telepictures) and certain of its cable
television programming businesses (such as Home Box Office) .
Time Warner, through subsidiaries, will be the managing general
partner of TWE with full management, operational and creative
control over TWE's cable and other businesses. TWE, which will
have a total capitalization of $20 billion, will issue 6-1/4
percent limited partnership interests to each of C. Itoh and
Toshiba for their investment of $1 billion in TWE. The remaining
87.5 percent of TWE will be owned by Time Warner which will also
have a preferred equity interest in the new company which the
parties have valued at approximately $5 billion. Time Warner may
admit other suitable limited partners to the venture in the
future, but on a basis which preserves Time Warner's right to
control and manage these businesses.
Our new international partners bring impressive size,
international influence, prestige and diversity to Time Warner
Entertainment. Toshiba is a worldwide leader in the manufacture
of integrated high technology electronic and electrical products,
including advanced information and telecommunications systems,
electronic devices, heavy electrical equipment, consumer and
other products. C. Itoh is the world's largest trading group and
deals in a broad range of products and services including
electronics and communications services.
In conjunction with the formation of Time Warner
Entertainment, Time Warner has offered to purchase the 18 percent
of ATC's Class A publicly traded common stock which it does not
presently own. Any such purchase by Time Warner which now owns
82 percent of ATC and has 93 percent voting control of ATC, will
519 West State Street Ithaca, New York 14850 607-272-3456
r.
a
not result in any change in control of the Franchisee.
These transactions will have no effect on the ongoing local
management of the cable system serving your community. In fact,
we believe that the formation of Time Warner Entertainment will
bring added strengths to Time Warner and will assure a stronger,
more technologically and creatively innovative and exciting cable
television company which can only benefit our customers.
Although the day-to-day operations and management control of
American Community Cablevision will not change, our franchise
agreement may require City of Ithaca's approval to certain
aspects of the TWE transaction. If you conclude that such
approval is required, I would appreciate the consideration and
adoption of the accompanying form of resolution. I, of course,
would appreciate that prompt adoption of such a resolution if you
conclude that it is, in fact, necessary.
If you have any questions or wish to discuss this matter, I
will be happy to meet with you.
Si erely,
Barbara L. Lukens,
General Manager
Enclosure: Resolution 2
cc: The Honorable Benjamin Nichols, Mayor
Mr. Robert Romanowski
Ms. Barbara Blanchard
Ms. Susan Cummings
Mr. Joseph Daley
Mr. John Johnson
Mr. Richard Booth
Mr. Neil Golder
Mr. John Schroeder
Ms. Carolyn Peterson
Mr. Daniel Hoffman
Mr. Tom Terrizzi
BLL/mkk
RESOLUTION 2
WHEREAS, American Community Cablevision (the
"Franchisee") is the holder of a cable television franchise (the
"Franchise") for the City of Ithaca; and
WHEREAS, the Franchisee is a subsidiary or division of
American Television and Communications Corporation ("ATC") ;
WHEREAS, ATC is a majority owned subsidiary of Time
Warner Inc. ("Time Warner") , a widely held New York Stock
Exchange company which has offered to purchase the shares in ATC
which it does not own (the "ATC Minority Shares") ; and
WHEREAS, Time Warner intends to create a new limited
partnership entity comprised of the business and assets of its
filmed entertainment, programming and cable divisions, which
entity shall be known as Time Warner Entertainment Company, L.P.
("TWE") ; and
WHEREAS, Time Warner will retain majority ownership as
well as operating and management control of TWE and will operate
TWE as a controlled subsidiary of Time Warner employing the
assets of ATC including the Franchise and the Franchisee, and the
assets of Warner Cable, Lorimar Telepictures, HBO, and Warner
Bros. ; and
WHEREAS, Time Warner intends to offer minority limited
partnership interests in TWE to strategic partners in TWE,
including Toshiba Corporation and C. Itoh & Co. Ltd; and
WHEREAS, ATC will continue to exist as an operating
division of TWE, with the existing management structure remaining
at both the local and corporate levels and no change is
anticipated in the manner in which the business and operations of
the Franchisee are conducted; and
WHEREAS, the Franchisee will continue to be the grantee
of the Franchise as an operating division of TWE and will
continue to operate under the Franchise;
NOW, THEREFORE, be it resolved that, insofar as may be
necessary or advisable under the Franchise, transfer of the ATC
Minority Shares to Time Warner and transfer of the Franchise and
the cable television system operating pursuant to the Franchise
from the Franchisee to TWE (including any necessary transfers
through one or more subsidiaries of Time Warner) , are hereby
authorized and consented to in all respects.
i
This resolution shall take effect and be in force from
and after the earlier of the date of the final passage hereof or
the earliest time permitted by law.
Passed this day of , 1991.
ATTEST: [Mayor, Common Council or other
duly authorized signatory]
Clerk
Date