Loading...
HomeMy WebLinkAboutCity of Ithaca Committee on Cable Television Recommendation City of Ithaca, New York COMMITTEE ON CABLE TELEVISION RECOMMENDATION On request of Ceracche Television Corporation for Permanent Rate Increase February 9, 1976 I. Introduction The Committee on Cable Television (hereinafter called Committee) appointed by the Common Council of the City of Ithaca in the summer of 1975 was instructed to "make recommendations to the Common Council concerning changes to be incorporated in the future renegotiation of the cable television franchise." In addition our mandate authorizes us to examine other matters. It was further understood that it was the charge of this Committee to make to Common Council a recommendation concerning the continuation of a temorary rate increase of $1.00 granted by Common Council to Ceracche Cable Television Corporation. The temporary rate increase expires on April 30, 1976.1 In preparation for such a recommendation, this Committee has since September 1975 undertaken to investigate the reliability of accounts and records of Ceracche Television Corporation and subsidiaries to determine if the Corporation needs increased revenue provided by the rate increase. We have calculated the rate of profit of the Corporation and attempted to assess what a "reasonable" rate of profit would be. --------------------- lIt should be noted that the rate increase was approved by the New York State Commission on Cable Television. Rate Recommendation -- 2 The Committee has also considered the appropriate relationship of Ceracche Television Corporation to the City of Ithaca with respect to responsibility for providing audited accounts, with respect to the franchise tax, and with respect to the provision of public access to cable television time. II. Investigation A. Ceracche Accounts and Records This Committee felt that if it could be determined that Ceracche's records accurately reflect the condition of corporate revenues and expenses, they could, be used as the basis for a recommendation to Common Council. For the purpose of reaching this determination, funds were granted by Common Council to employ a Certified Public Accountant, Alan H. Cohen of Ithaca. The Committee assigned Cohen the task of examining Ceracche's records, within the limits of time and funding available, to determine if they appeared to be accurate. It was understood that neither time nor funds were available to secure an audited report. Operating under these constraints Cohen proposed to conduct an Internal Revenue Service type examination to determine the validity of the records maintained by Ceracche. Appended to this recommendation as appendix A is a copy of the report produced by Cohen at the direction of this Committee. The report dated December 30, 1975 reflects a series of tests conducted by Cohen in the completion of his assignment. Cohen's examination included an independent test of revenue based upon the number of subscribers connected to the cable system during the months of April and September 1975. This test revealed that Cohen's estimated income and that reported by Ceracche were very close. Thus, concluded Cohen, one may accept the stated revenues as being accurate. Tests of expenses included examination of federal payroll reports, costs for fringe benefits, depreciation, bad debts, and other expenses. Each of these tests compared favorably with information reported by Ceracche. Thus one may conclude that Ceracche is accurately reporting expenses. In addition, the report includes a projection for fiscal 1976 rates which is determined to be in line with those projections generated by Ceracche's accountants. The results of Cohen's report suggests that the accounting work done for and at the request of Ceracche is of high quality. It must be emphasized that Cohen's report is not an audited analysis and may not be construed as such. It, therefore, lacks the quality of a fully audited report. On the other hand a number of tests were conducted that indicate that the accounting information provided by Ceracche is of t r Rate Recommendation -- 3 high quality. With this in mind this Committee used Unaudited Annual statements for the years 1971, 1972, 1973, 1974, and 1975, federal income tax return for 1975, and the required accounting form provided to the New York State Commission on Cable Television for 1975. (Each of the foregoing years are fiscal years and extend from May 1 of the preceeding year through April 30 of the stated year.) B. Additional Considerations Relevant to Rate Determination In studying the records of Ceracche Television Corporation, this Committee found two additional considerations which we believe are relevant to a determination of rates to be charged the citizens of Ithaca for cable television. These considerations are: 1. that Ceracche Television Corporation is currently in a highly capital intensive position; and, 2. that Ceracche Television Corporation holds two other companies, one related to cable television service and one not related to this service. 1. For the past two years, Ceracche Television Corporation has been installing a series of new amplifiers throughout the system in order to expand the current twelve channel capacity to twenty-three channel capacity. These amplifiers represent a major capital investment, the cost of which is being depreciated over a period of seven to ten years. Ceracche estimates that the replacement of old amplifiers with the newer, larger capacity ones should be completed throughout the county in one year and in the city in less time. He informed this Committee that 90% I of amplifiers in the city have been replaced. It should be noted that i while the old amplifiers are of the tube type and subject to a variety ; of problems, the new amplifiers are constructed of solid state components which exhibit less sensitivity to age and outside influences. The New York State Commission on Cable Television Form AFR-1 filed by Ceracche Television Corporation for the year ending April 30, 1975 (attached to this report as Appendix B) indicates that 95% of the residents of the City of Ithaca are connected to the Cable System. Furthermore, although the corporation continues to extend new lines into new parts of the county, this project can continue for a limited time only. Ceracche is of the opinion that the cable corporation will continue to replace amplifiers or add new equipment throughout the system at approximately the present rate for years to come. As an example, he cited a recent State Commission requirement that all television cables be grounded at each home which would mean an investment of approximately $150,000. This Committee wonders if it will be necessary to continue the present rate of capital investment for many years to come. Experience nationally indicates that many systems continue replacing or adding new equipment at a rapid rate for several years, but eventually they move into a position where new capital investments can be added at a Rate Recommendation -- 4 lower rate. A reduced rate of investment would naturally reduce the intense need for capital which, in turn, would increase the profit, assuming other factors remained relatively constant. 2. Ceracche Television Corporation owns Ceracche and Company, a microwave company which transmits television signals to Ceracche Television Corporation and two other cable companies in the area. The Corporation also owns, presumably as an investment, Westview Heights, undeveloped real estate which bears no relationship to the cable service. The Committee is of the opinion that since Ceracche and Company provides services necessary to the provision of cable television service by Ceracche Television Corporation, it is desirable that they be considered jointly. Furthermore, provision of microwave services by this company to other cable operators ultimately reduces the cost of microwave service to Ithaca subscribers. This Committee does not oppose Ceracche Television Corporation owning Westview Heights. However, Westview Heights provides no services or benefits to cable subscribers. Consequently this Committee believes that the costs of operating Westview Heights must not constitute part of the operating costs of Ceracche Television Corporation. Ceracche may invest part of the Ceracche Television Corporation profits in Westview Heights if he wishes without any ill consequences to the subscribers. However, this Committee opposes including investment in Westview Heights as part of the total Ceracche Television capital investment when fair rate of return is computed as a fraction of capital investment. III. Determining a Reasonable Rate of Profit A. Methods and Considerations in Calculating Profit Two basic methods for calculating rate of profit are: 1. as a percentage of gross receipts; and, 2. as a percentage of stockholder equity. Apart from rate of profit, another method for determining the need for an increase in revenue derives from 3. a demonstrated need to invest in large new capital expenses. As stated above, this Committee sees no major new expenses contemplated for that portion of the system in the city of Ithaca: we, therefore, see no demonstrated need to allow for large additional capital expenses. Ceracche has asked for no special consideration in this area. Finally, as will be noted below the first two methods of computing rate of return render substantially different results. This Committee is of the opinion that the most realistic method for computing profit for a cable television company must be based on invested capital. This is the method used by Public Service Commissions as the basis for calculating profit for public utilities. And Ceracche's i L Rate Recommendation -- 5 belief to the contrary, cable television has many of the qualities of a. public utility because: 1.. it is a natural monopoly, 2. it is franchized by government, 3. it provides a service which m ost of the public requires. Ceracche includes costs for money borrowed in the form of notes or mortgages as part of his operating costs. Thus it is unnecessary for this Committee to consider that capital in determining a fair rate of return. The remaining capital investment in the corporation is in the form of stockholder equity. In calculating a reasonable rate of return, we used stockholder equity as capital upon which return was computed. B. Determining a Reasonable Rate of Profit This Committee contacted the Federal Communications Commission to ask their estimate of a reasonable rate of return for a cable system. The economist in the cable bureau indicated that the FCC presently does not have any standard in determining the reasonableness of a profit. He indicated that the industry is presently in a capital intensive position which will not continue forever, therefore conclusive determin- ations were not within the purview of the FCC. He indicated, however, that some cable executives believe that where a cable system is in a high growth position facing the need to make large capital investments, the profit should range as high as 25% of stockholder equity. This Committee points out that this is not the case for that portion of the Ceracche Television Corporation operating within the city limits of Ithaca. This Committee is further of the understanding that the New York State Commission on Cable Television does not have a standard for reasonable rate of return on invested capital because of the varying stages of growth in the industry. Lacking definitive answers within the cable industry, the Committee recognized that public utilities typically realize a five to ten percent rate of return on investment--in some cases higher because of special needs--and concluded that a return of ten percent on invested capital would be reasonable. C. Computing Rate of Return or Profit 1 1. As percent of gross receipts. In a summary dated September 17, 1975 (attached as appendix C), Maxfield, Randolph, & Carpenter calculate that Ceracche received a 4.1% return on gross receipts of $1,065,258 III for the year ending April 30, 1975. The $1.00 interm rate increase implemented on May 1, 1975 will necessarily change the profit picture for fiscal year ending April 30, 1976. Cohen, while working for this committee, compiled a projection of earnings for fiscal .1976 which he included in his report filed with this recommendation. Cohen estimates that Ceracche will receive $96,986--an amount he later verbally amended upwards to $97,736--in after taxes profit for fiscal 1976 based upon assumptions spelled out in the report. Cohen reports this as 7.8% of gross receipts. Rate Recommendation -- 6 2. As percent of stockholder equity. Examining the balance sheet appended to the Ceracche Television Corporation Federal Income Tax Return for fiscal year ending April 30, 1975, one finds that it reflects a stockholder equity composed of the following: capital stock, preferred-- $17,900; capital stock, common--$18,000; paid in surplus--$500; and retained earnings--$667,641. This totals 704,041. However part of this retained earnings has been lodged in Westview Heights. Specifically, the balance sheet shows $72,390 in common stock held by Ceracche Television Corporation in Westview Heights. Since this committee disallows Westview Heights as part of the cable service, the $72,390 in stockholder equity must be deducted from the $704,041 leaving a net stockholder equity of $631,651 associated with the cable television business. The $631,651 is the basis upon which computation of rate of return for cable services is most appropriately computed. Using the Ceracche 1975 Federal Income Tax Return the actual profit received for the fiscal year ending April 30, 1975 was found to be $61,821 before taxes. This amount results from the following: reported Ceracche Television Corporation profit--$60,708; reported Ceracche & Company profit-- ($3,734) ; disallowed expenses reported to reduce profit: contributions-- $2,050 and profit sharing expenses--$2,797. Thus the before taxes profit on stockholder equity was 9.79%. It was the conclusion of this Committee that this rate of return was not excessive. If we project profit for fiscal 1976 as a percent of stockholder equity, we find that the rate of return is 14.6%. This computation uses the figures for 1976 projected by Alan Cohen with one exception: it assumes that approximately $4,000 of the $43,419 profit for 1975 would be invested in Westview Heights and it assumes the balance will enter retained earnings associated with the cable operations. This rate of return--14.6%--exceeds this Committee's standard for reasonable rate of return for invested capital. Under these standards, the appropriate rate for Ithaca subscribers for fiscal year ending April 30, 1976 should not have exceeded $5.34. IV. Rate Recommendation This Committee is of the view that it has no authority to make recommendations regarding the rate of return for fiscal year ending April 30, 1976, but it observes that the rate approved for that year appears excessive since Ceracche received 14.6% return on stockholder investment. Looking ahead to fiscal year ending April 30, 1977 we see the following picture. Maxfield, Randolph, and Carpenter (see Appendix D) projected a rate of return for that year of 5.1%. They projected a rate of return of 8.3% for fiscal year ending April 30, 1976 Rate Recommendation -- 7 whenour projection indicated a 14.6% return on capital or a difference of 6.3%2. Using their projection of 5.1% for fiscal year 1977 and adding a correction of 6.3% as we found necessary in the 1976 fiscal year, we find that Ceracche will receive an estimated 11.4% return on his capital associated with the cable business. This rate is excessive. However, if the City of Ithaca imposes a 2% franchize tax and a requirement for audit as recommended below, the costs of these two items will bring the rate of return for fiscal 1977 within the 10% standard recommended by this Committee. Under these conditions we would recommend the continuation of the $5.50 per month rate presently in effect. V. Further Recommendations A. Franchisee Accounting Responsibilities As noted above, this Committee did not have access to audited financial reports for the Ceracche companies. Ceracche has not been in the practice of securing audited statements in the past, nor have the Federal Communications Commission or the New York State Commission on Cable Television required audited statements of cable systems. It is our opinion that annual audited reports provided to this Committee would provide both high quality data and a continuing picture of the financial condition of the Ceracche companies--both necessary conditions for careful rate determinations. Further, audited reports would improve the public credibility of rate determinations made in the future. -We, therefore, recommend that the City of Ithaca require annual audited statements of the franchisee, Ceracche Television Corporation, to be made available to this Committee and Common Council as soon after April 30 of each year as possible, the first to be completed for fiscal year ending April 30, 1977 to allow Ceracche Television Corporation time to adjust to such a system. Further, we recommend that Common Council consider whether the accountant to perform such audits should be employed by Ceracche Television Corporation or by the City of Ithaca with cost billed to Ceracche Television Corporation.3 ------------------ 2The difference in Maxfield, Randolph, and Carpenter's projected rate of return from ours results from the following factors: 1. difference in estimated increase in costs due to inflation (see Cohen's report) ; 2. disallowing certain expenses; and, 3. disallowing investment in Westview Heights when-calculating rate of return. 3It should be noted that Cohen stated informally that the cost of adjusting to a program of accounting that provides for a separate and independent audit might initally be as high as $7,000 to $10,000. Rate Determination -- 8 B. Franchise Tax Rate The Federal Communications Commission permits a franchise tax rate of between one and six percent of gross receipts. Since at least 1958, the franchise tax for the Ceracche Television Corporation operating in Ithaca has remained at one percent. This Committee believes that since costs of maintainr_e services and running the City of Ithaca have risen tremendously since 1958, it is appropriate for the City of Ithaca to raise the franchise fee charged to Ceracche Television Corporation. We recommend that the rate go up to six percent over a period of five years at the rate of one percent each year beginning with fiscal 1977. Thus, the tax would be two percent in fiscal 1977, three percent in fiscal 1978 and so on until six percent is reached. This increase should be tied to the rate of return calculated as the result of the yearly audit. If the rate of return on stockholder equity for a given year falls below seven percent, then the one percent increase for that year should be waived. C. Cost Differential in City and Rural Connections This Committee made no attempt to determine if the present differential in rates between the City of Ithaca and the remainder of the county was equitable. Presumably as the number of connections per mile increases, the cost of providing service to subscribers decreases, and presumably, Ceracche Television Corporation could provide information which would enable the Committee to calculate the actual cost per city customer. We suggest that such information be considered in future rate determina- tions. D. Franchisee Responsibility to Provide Community Access to Cable Television Finally, this Committee recommends that Common Council adopt a formula regarding community access to cable television. We suggest the following guidelines for such a formula: 1. That the franchisee, Ceracche Television Corporation, make a written commitment to the City of Ithaca regarding Community access to cable television. 2. That the formula provide that television time on channel 13 or another designated channel be available to members of the community on a demand basis up to full use of the channel. 3. That the formula provide that members of the community, including educational and governmental users, schedule at least two weeks in advance but not more than one month in advance. 4. That the formula provide that time be allotted on a first come, first served basis with appropriate provisions for equal access to prime time. y Rate Recommendation -- 9 5. That the formula provide for use of the franchisee's facilities, if needed, at a cost not to exceed the cost to the franchisee. E. Authority to Initiate a Periodic Rate Investigation Since costs and related factors change from time to time, we recommend that the following bodies be authorized to initiate a rate investigation as frequently as needed up to once per year: Common Council of the City of Ithaca, the Advisory Committee on Cable Television. Further we recommend that Ceracche Television Corporation be permitted to petition a rate investigation as frequently as appears warrented up to once per year. This recommendation concurred in by four members of the Committee; one member absent in the final determination due to illness. a i ti ti Appendix A Review by Certified Public Accountant of Ceracche Television Corporation Records 6 n Alin H. Cohen Certified Public Accountant 39 Uptown Village Ithaca, New York 14850 December 30, 1975 City of Ithaca - Advisory Committee on Cable Television Ithaca, New York 14850 Attn: Mr. Dana Ulloth Gentlemen: In accordance with our agreement dated November 15, 1975, I have reviewed the unaudited financial statements of Ceracche Television Corporation for the year ended April 30, 1975, together with other financial records and documents. The Balance Sheet, related statements of Income and Retained Earnings and Changes in Financial Position for the year ended April 30, 1975 were not audited by Maxfield, Randolph and Carpenter, Certi- fied Public Accountants, Ithaca, New York, and accordingly they did not express an opinion on them. Similia.rly, I have not audited these statements and do not express an opinion on them. The scope of ny review and inspection of the financial data, included a review of the Certified Public Accountants' workpapers , a propriety check on items of income and expense and an investigation of the relationship of interrelated parties. In addition, a general review of internal control and adherence to generally accepted accounting procedures and standards was performed. The study and investigation also included the extraction of pertinent financial data for the period ended April 30, 1975 and a projection of these items to determine the applicability of a tentative rate increase for Ceracche Television Corporation, for this fiscal period beginning May 1, 1975. Review of Certified Public Accountants' Workpapers The firm of Maxfield, Randolph and Carpenter provided me with the workpapers used to prepare the unaudited financial statements for Ceracche Television Corporation for the period ended April 30, 1975. These workpapers were complete and accurate and included such items as physical inspection of inventories , bank reconciliations, tracing of subsidiary records to general ledgers , test checks of internal accounts, internal control operations and ether representations which a-re normally an integral part of a Certified Public Accountant's workpapers. Since these workpapers were com- plete and of a high professional standard, a significant amount of reli ince was placed upon them. Therefore, except where determined necessary, the tests of transactions which were recorded in these workpapers were acceptable to my investigation. It should be noted that the basis for determining the acceptability of the unaudited financial statements rested primarily with the quality of these work papers. Propriety of Accounts The following accounts were reviewed and compared to the unaudited financial state- ments and the U.S. Corporate Income Tax Return, Form ,A;'1120, for the taxa.'ole yea.: ending April 30, 1975. City of Ithaca ` Advisory Committee on Cable Television Page 2 A. Income . 1) Cable System Monthly Fees Monthly fees were test checked for the periods April and September 1975• Tompkins County Trust Company computer runoffs determining the number of subscribers served for regular cable television and Home Box Office were reviewed for propriety. Average income for regular subscribers prior to the rate increase was $4.50 for City of Ithaca subscribers and up to $5.00 for out-of-City subscribers. Home Box Office fees remained constant at $6.00 per subscriber. Testing the income reported to the total number of subscribers reflected on the computer runs revealed that all income was properly reported. An item of material significance which was used to determine the validity of the tentative rate increase was the average number of regular and Home Box Office- subscribers. The period 1/1/75 to 4/30/75 revealed an average of 15,250 subscribers for regular service and approximately 1,500 for Home Box Office service. The average rate per subscriber for this period was $4.75 for regular and $6.00 for Home Box Office. 2) Other Income Advertising income, sales of cable materials and amplifiers and other miscellaneous items were reviewed for propriety and traced to the general ledger. All of these items appear reasonable and were accepted as filed. B. Expenses 1) Salaries and Wages Salaries and wages were test checked to Federal payroll reports , Forms 941 and W2. In addition, Tompkins. County Trust Company computer runs were test checked for propriety and traced to general ledger entries. These tests. revealed that all items of salaries and related benefits (Social Security taxes , Unemployment and Disability insurances) were properly recorded. A review of this expense item revealed that the total xp payroll for the period ; was approximately $395,000, of which $300,000 was expensed directly to salary while approximately $95,000 was capitalized as part of future capital cable I projects and/or recorded in cost of goods sold to be included as part of sales and reported in future periods. 2) Depreciation Depreciation for the period was tested to determine the correctness of method and assignment of useful lives. The method of depreciation used was straight line and double declining balance. However, the Certified Public Accountants' workpapers revealed that the difference between a standard straight line method and the double declining method was approximately $7000. This difference was reported to the Commissioner in the AFR-1 report for the period ended April 30, 1975. Since the amount of this difference is not material, the overall straight lire method of calculation with some double declining items were accepted as filed. The useful lives on equipment for ::-lc ur:. City of Ithaca t Advisory Committee on Cable Television PMe 3 was originally estimated at five years. However, the addition of aluminum systems increased the life to 10 years. This ten-year standard was verified by the Internal Revenue Service and current government published rates indicate that the lives are in accordance with their standards. All other assets such as poles, towers , radio and office equipment, electrical equip- ment, furniture and fixtures, and moving vehicles are properly classified and computed. Therefore, all items of depreciation were accepted as filed. 3) Bad Debts Bad debts represent the write-off of monthly cable television fees and other write-offs pertaining to the Ceracche Television Corporation business. The majority of items written off in this period represent monthly cable television charges of $125 or less resulting from college students and other ` transients not fulfilling contractual agreements. Other items which represent i. equipment sale write-offs and/or equipment repair and maintenance charges E were written off by management and reviewed by the Certified Public Accountants at year end. Subsequently, 85% of these year-end write-offs were reviewed for propriety and appear reasonable. Management is aware that any further collection of these write-off accounts will be restored to income. 4) Cable and Shop Supplies Cable supplies represent amounts which are reflected in the manufac- ---turing department which are directly charged to expense. However, year-end journal entries reflecting amounts actually in inventory at year-end are ; restored to the asset accounts. Therefore only those items which are purchased r and expensed during the period are charged. Shop supplies, which are non- manufacturing items, are also restored to their proper asset inventory account by physical inspection at year end. The accountants' workpapers were reviewed r for propriety and all journal entries which restored assets were traced to the general ledger. All major items purchased which were identified in the work- papers were test checked. All items expensed and classified as assets were accepted as filed. -�) - Other Expense Items The following items were included for a test of propriety and traced to the accountants' workpapers and general ledger. All items appear reason- able and are accepted as filed: Interest Expense Legal- and Accounting Services Microwave Service Office and Related Expense Payroll Taxes Pole Rental Other Rentals Real Estate Taxes _ G{ty of Ithaca Advisory Committee on Cable Television Page 4 C. Interrelated Parties The corporate structure of Ceracche Television Corporation includes Ceracche and Company Inc. and Westview Heights Inc. as subsidiary companies (see unaudited financial statements April 30, 1975, Note 2) . Special attention was given to the accounting transactions , agreements and allocations among these companies. The accountants' unaudited financial statements and work- papers clearly reflect the proper allocations and reporting of these companies. A substantial portion of the intercompany transactions were test checked and appear reasonable. Particular attention was given to salaries of officers and related parties and rental agreements for office space and physical cable equipment. D. Projection for 1976 Rate As part of the review and investigation of the Ceracche Television Corporation's financial statements , a review of the projected rate increase for the year ended April 30, 1976 was included. (See Exhibit A) . Items of income and expense were extracted from current financial statements and projected over the next fiscal year. 1) Income a. Regular Monthly Fees: Income from the cable system for the actual first six months averaged 15,900 subscribers at a rate of $5.75 ($4.75 plus $1.00 tentative rate increase) . This actual average number of monthly subscribers was used as a basis for the remaining fiscal year. b. Home Box Office Fees: Monthly fees were computed by using 150 average monthly subscribers reduced by a reimbursement rate to Home Box Office of 580 ($3.50 divided. by $6.00) . c. Other Income: Other cable materials and amplifiers , advertising and other items of income were based primarily on last year's figures. However, advertising income was reduced by approximately 40% as a result of operations for the first six months of the fiscal year which reflects a material decline in such income. 2) Expenses Expenses for the fiscal period April 30, 1976 were calculated by increasing the total expenses for April 30, 1975 by a 7 1/2oincrease allowance. This increase allowance appears reasonable when compared to economic conditions and price increases. An additional allowance was provided for certain expense items above the 7 1/211 calculations resulting from increased income. These are as follows: Federal Income Taxes , New York State Franchise Taaes , Ithaca City Franchise Taxes, and New York State Cable Commission fees. -City of Ithaca Ad3risory Committee on Cable Television Page 5 3) Net Earnings After Taxes The net earnings after taxes as calculated by Exhibit A reflect an increase of approximately $52,000 over last fiscal year. The total percentage of this net earning increase after taxes is approximately 7. 8% of total gross receipts. Based on all observations , tests and computations for future period income and expenses , earnings after taxes of approximately $96,000 appear reasonable. Conclusions It is difficult to arrive at exact conclusions pertaining to the financial data presented for review. However, certain observations can be made and they are as follows: 1) The accounting records and financial reports of Ceracche Television Corporation clearly reflect the operations of that company and its subsidiaries. The Certified Public Accountants' reports and work- papers substantiate this contention. However, this observation does not purport to be an audit opinion. 2) Utilizing the financial data for the fiscal year ended April 30, 1975 and extrapolating that data to arrive at a pro; f r J Ceracche Television Corporation Analysis of Proposed Rate Increase For The Fiscal Year Ended April 30, 1976 Income Cable System Monthly Fees $1,064,616 Installation 72,000 $1,136,616 Home Box Office Monthly Fees 110,880 Less: Payments to HBO (64,310) 46,570 Cable Materials & Amplifiers 2,000 Advertising 25,000 Other Income 3411000 Total Estimated Income $1,244,186 Expenses As Per 4/30/75 x 7 1/2 $1,092,550 Plus: Provision for Federal Income Taxes 37,000 Provision for N.Y.S. Franchise Taxes 1,150 Provision for City of Ithaca Taxes 1,500 Provision for N.Y.S. Commission on Cable TV 15,000 Total Estimated Expenditures 1,147,200 Net Earnings After Taxes $ 96,986 % of Gross Receipts 7.8% LOCAL LAW NO. OF THE YEAR 1976 CITY OF ITHACA A LOCAL LAW AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. AMENDING A CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION: The cable television franchise granted to The Ceracche Television Corporation on April 20, 1966, is hereby amended in accordance with the terms and conditions as contained in the Agreement set forth below: AMENDMENT OF TELEVISION CABLE FRANCHISE AGREEMENT made this day of May, 1976, by and between the CITY OF ITHACA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York, party of the first part, Grantor, and CERACCHE TELEVISION CORPORATION, a domestic corporation duly organized under and by virtue of the laws of the State of New York, having its principal place of business at 519 West State Street, Ithaca, New York, party of the second part, Grantee. WITNESSETH: That in consideration of the promises and covenants hereinafter made, the parties agree as follows: 1. Ceracche Television Corporation of 519 West State Street, Ithaca, New York, hereinafter referred to as grantee, is hereby granted and invested with the right and authority to construct, erect, operate and maintain buildings, machinery, and apparatus within the city limits of the City of Ithaca, as it now is, and as it hereafter may be constituted by revision, modification, or addition, and which said buildings, machinery, apparatus may or shall be- come necessary in the transmission of television programs, and distribution and sale of television or radio programs for the use of the citizens of the City of Ithaca, said rights hereby granted to be non-exclusive. The City has approved the legal, character, financial, technical and other qualifications of the Grantee and the adequacy and feasibility of its construction arrange- ments as part of a full public proceeding affording due process. 2. Grantee shall have the right, further, to erect, place, operate, repair, and maintain poles, wires, transmission lines, distribution lines, and ser- vice lines in and over, and the right to use, all public avenues, streets, alleys, grounds and places in the city, and within its present limit or as it hereafter may be extended, for the purpose of furnishing the City of Ithaca and its in- habitants with television or radio service, provided always, that such poles, wires, transmission lines, distribution lines, and service lines shall not interfere with, nor obstruct, the necessary or proper use of said streets, avenues, alleys, public grounds or places. 3. Grantee shall have the right and permission of the City of Ithaca to use existing poles, wires, transmission lines and service lines now erected and in existence, and owned, controlled or operated by the New York Telephone / f - 2 - Company or New York State Electric and Gas Corporation within the City of Ithaca, upon the condition that it shall first obtain the written permission of the New York Telephone Company or New York State Electric and Gas Corporation for such uses. 4. Grantee shall be permitted to extend its poles, wires, transmission lines, distribution lines and service lines, and to give service to the City of Ithaca and to its inhabitants in accordance with the permissive rules, regulations and sta- tutes as the same may be amended from time to time, of the Public Service Commission, Federal Communications Commission, and other regulatory bodies of the State of New York or the United States of America and subject at all times to the applicable laws of the State of New York and of the United States of America. 5. Grantee is hereby empowered, and subject always to the approval, if necessary of the Public Service Commission of the State of New York, and the Federal Communications Commission, to use proper practices and pro- cedure within the spirit of this franchise and appropriate to the service within the geographical limits of this franchise. 6. Grantee, upon execution of this franchise agreement, shall, if required, be allowed to proceed to petition the Public Service Commission of the State of New York and the Federal Communications Commission for any approval re- quired to be had in the premises, and upon such approval, he shall notify the Mayor of the City of Ithaca in writing. 7. No poles are to be erected upon the public streets, alleys, avenues and public grounds and no excavation of any type shall be done or caused to be done unless permission in writing is first obtained from the Department of Public Works of the City of Ithaca, New York. 8. In the event that a change is made in the grade of public streets, alleys, avenues, and grounds by authority of the City, which shall necessitate the removal of any poles, wires, transmission lines, and distribution lines, to conform to the change of grade, Grantee shall make the necessary changes in its lines, at its own expense, upon due notice from the Board of Public Works of the City to do so. 9. All work in any way necessitated by the business of the Grantee which may involve the opening, breaking or tearing up of a portion of a street, side- walk or other part of any City-owned or City-controlled property shall be done by the City at the expense of the Grantee. Grantee shall save - 3 - and keep the City harmless against all loss or damage to person or property caused by the construction, laying, maintenance or operation of any of its lines or other undertaking under the authority of this franchise. 10. During the term of this franchise, Grantee shall furnish to all persons desiring the service offered, and paying for the same, a wire service capable of producing as good a quality of television picture signal or reception as may be practicable from time to time, and shall make all reasonable and practicable betterments or improvements of said service as improvements in the science of the carrying of television signals shall warrant, as well as in the elimination of radio interference. 11. This franchise does not in any manner grant to the Grantee, his successors or assigns, the exclusive right to the sale and service of television sets or acces- sories within the City of Ithaca, and it is expressly understood that the right to sell such sets or accessories is reserved to any and all legitimate dealers. By acceptance of this franchise, the Grantee, his successors and assigns shall be deemed to have accepted the following conditions: (a) Any person, individual or corporation may purchase television sets from any source without any liability to the holder of the franchise herein granted. (b) The holder of this franchise shall be required to permit any individual or corporation to have access to the services of the holder of this franchise, sub- ject only to the payment of regular installation fee and monthly charges which are hereby established as follows: 1) Residential or Commercial establishments; Maximum charges: First installation charge - $25. 00. Each additional installation $10. 00. Rental for first installation - $5. 50 per month. Additional rental charge for installa- tions prior to March 1, 1975, for each extra set at the same establishment: Residential 50 cents per month per set. Commercial: $1. 00 per month per set. For installations after March 1, 1975, residential or commercial rental charge per extra set $1. 00 per month. 2) Suspended service: No charge for disconneting and no rental charge while disconnected. Reconnecting charge: $5. 00. 3) The user shall have the privilege of selling and transferring the service once only to a different party at a different address for a $10. 00 transfer charge, where the service is available at the time. - 4 - 4) Changing location of cable: $5. 00 for moving to another location in same room; $10. 00 charge for moving to a different room in same apart- ment or living quarters. 5) Any user that has paid the regular established residential instal- lation fee who moves to another residence within the city where service is available may have this service transferred for a $10. 00 charge. 6) Cable service may be disconnected when rental or installation charge is sixty days past due. If service is disconnected because of non- payment, a charge of $5. 00 is made for reconnection after past-due account is paid. 7) Installation may be disconnected if user attempts to run more than one set at one time on each installation, or permits anyone else to do the same; or tampers with the lines in any way. 8) Any increase of the maximum charges must first be approved by the Common Council, after a full public hearing affording due process. Such approval shall not be unreasonably withheld. 9) All installation and other charges include applicable federal, state and local taxes, if any, except sales tax. (c) Grantee of this franchise shall not directly or indirectly reflect the cost of installations in the price of sets sold by it. 12. If the trees in the City streets interfere with the erection of poles or the stringing of wires, or cables, in accordance with the terms of this franchise, written permission for removing said trees, or any part thereof, must be obtained from the Department of Public Works, for trees on City property, and from the owners of private property. 13. In all street installations, the cables or wires erected shall, in all respects, comply with the provisions of all existing Codes pertaining to the extension of wires across streets, and all applicable provisions of the Electrical Code of the City of Ithaca. Coaxial cable shall be used to carry the television signal through- out the street installations. Messenger cables shall be used to carry the coaxial cable across streets. 14. The holder of this franchise shall, at all times, keep in effect the following types of insurance coverage: - 5 - (1) Workmen's Compensation upon its employees engaged in any manner in the installation or servicing of its plant and its equipment within the City of Ithaca. (2) Public Liability Insurance in a total overall amount of not less than $50, 000. 00 insuring the holder of this franchise and the City of Ithaca against liability for property damage, and $100, 000. 00 to $300, 000. 00 for personal injury or death by reason of the installation, servicing or operation of its plant and equipment or installations within the City of Ithaca. 15. The term of this franchise shall be ten (10) years from the effective date hereof. The franchise may be automatically renewed at the option of the Grantee for an additional period extending to May 1, 1991. However, this franchise may be revoked in the event the Grantee shall fail to comply with the terms and con- ditions herein set forth within sixty days after written notice of such failure has been received by the Grantee. 16. This franchise is personal to the Grantee, and may be transferred only on application to and approval by the Common Council of the City of Ithaca. No permit or grant of similar privileges and powers as are covered by this fran- chise shall be allowed during the period hereof except upon a franchise applied for and approved by the Common Council. 17. The Grantee shall pay to the City Chamberlain annually a sum equal to two per centum (2%) of its gross revenues from its cable service operations within the City. Said gross revenues to include the "basic" charges and rentals as set forth in paragraph No. 11 hereinabove and the charges and rentals as set forth in paragraph No. 32 hereinbelow. Upon application for any rate change by the Grantee to the City, the Common Council may increase the per centum sum in the first sentence of this paragraph as permitted by law. Such fees shall be and constitute a lien upon the property of the Grantee within the City prior and supe- rior to all other debts, obligations, taxes, mortgages or liens of whatsoever nature regardless of the time of the creation thereof. Failure to make the re- quired report or pay such franchise fees shall be grounds for revocation of this franchise. 18. Any continuous and willful violation of any section or provision of this franchise shall be grounds for cancellation of the franchise, after due notice and public hearing. The right is reserved to the Grantee to prosecute in any Court or otherwise, any stealing, pirating or unlawful uses of the services covered by this franchise. - 6 - 19. If any section of this franchise agreement or any clause or any phrase thereof shall be held to be unconstitutional or void, all other portions not so held shall be and remain in full force and effect. 20. The City recognizes that Grantee has already constructed its system substantially throughout the entire city. Grantee shall continue to provide such service throughout the duration of the franchise, pursuant to this franchise. 21. Grantee shall construct its cable system using materials of good and durable quality and all work involved in construction, installation, maintenance, and repair of the cable system shall be performed in a safe, thorough, and reliable manner. 22. The City and the Grantee have adopted procedures for the investigation and resolution of all complaints regarding cable television operations. The Grantee shall maintain a local business office or agent for these purposes. The Mayor of the City of Ithaca or his designee or designated committee has primary respon- sibility for the continuing administration of the franchise and implementation of complaint procedures. Notice of the procedures for reporting and resolving complaints will be given to each subscriber at the time of initial subscription to the cable system and at intervals thereafter of not more than one year. Such notice may be written or by such other means as the New York State Commission on Cable Television may approve upon application by Grantee. 23. Grantee shall not abandon any service or portion thereof without the written consent of the City. 24. Any City property damaged or destroyed shall be promptly repaired or replaced by Grantee and restored to serviceable condition. 25. Grantee shall not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex. 26. The City reserves the right to adopt, in addition to the provisions con- tained in-the franchise and existing applicable ordinances, such additional regulations as it shall findnecessary in the exercise of its police power; provided, however, that such regulations are reasonable and not materially in conflict with the privileges granted in the franchise. - 7 - 27. The City reserves the right to inspect all pertinent books, records, maps, plans, financial statements, and other like materials of the franchisee, upon reasonable notice and during normal business hours. 28. This franchise is in compliance with the franchise standards of the New York State Commission on Cable Television and the provisions hereof are sub- ject to the approval of said Commission. 29. (a) Within thirty days of the receipt of final operating authority, Grantee shall post security with the City in the amount of $1, 000. 00 in the form of a letter of credit . (b) Said security shall be forfeit to the extent specified by the City Council if the Grantee fails to substantially comply with the construction schedule herein specified or if the Grantee commits a material breach of any of the terms and conditions herein prescribed. (c) The Grantee shall be entitled to notice and hearing before the City Council prior to any forfeiture. (d) No forfeiture shall be imposed for failures beyond the reasonable control of the Grantee. (e) In the event of forfeiture of part or all of the initial security, the Grantee shall within thirty days thereafter post additional security so that the total amount of security posted equals $1, 000. 00. 30. Any modifications of the Rules of the Federal Communications Commission concerning franchise standards shall be incorporated herein within one (1) year of their adoption or at renewal time, whichever comes first. 31. Grantee shall file requests for all necessary operating authorizations with the Commission on Cable Television and the Federal Communications Commission within 60 days from the date this amendment is granted. 32. The City has approved, pursuant to a public hearing held after public notice, the following rates: (a) A charge of $6. 00 per month per television receiver may be made for subscription or pay cable programming. - 8 - (b) A charge of $2. 00 per month per television receiver may be made for the provision by Grantee of a converter for the reception of either sub- scription or pay cable programming or the reception of additional broadcast channels that may be received only with such a converter. (c) The charges authorized in this Section are optional and no subscriber maybe required to receive either of these services as a condition to receiving the basic service. 33. Public Access: (a) The Ceracche Television Corporation shall provide one full separate single channel for public access programming on a demand basis up to and including an amount of time equal to the duplicated portion of a particular channel. (b) This single channel shall be located between channel 2 and 12 subject to approval by the Federal Communications Commission; if such approval is - not granted, then the channel may be other than 2 through 12. (c) Access to the separate channel shall be provided on a first come, first served basis within the following priorities: 1) Local live programming access 2) Public access 3) Education access 4) Government access. (d) Users of the Public Access channel shall reserve their time at least one and no more than four weeks in advance of their desired broadcast time; this provision may be waived in a particular case by Ceracche Television Corporation in its sole discretion. (e) Studio time shall be provided at a cost not to exceed the actual cost of operating the studio. (f) The administration of public access broadcasting shall remain with the Ceracche Television Corporation. - 9 - (g) The City Cable Commission shall act as the Common Council's agent in resolving disputes between the Ceracche Television Corporation and public access users. (h) Video tapes to be shown on the public access channel shall be delivered to the studio at least two working days in advance of airing. (i) All access broadcasts shall conform to all applicable Federal Com- munications Commission and State Cable regulations. 34. The terms of this Agreement supersede and revoke any prior inconsistent terms of the franchise herein amended. 35. The Grantee shall be required to provide to the City at the Grantee's sole expense audited financial statements upon any application by the Grantee for any increase in rates hereunder for use in determining such rates to be permitted in the City of Ithaca. The Grantee shall also be required to submit its annual finan- cial statements, Uniform Cable Commission financial reports, and State and Federal Income Tax returns and any other reasonable financial information re- quested, to the Common Council annually as soon thereafter as they may be available. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. CITY OF ITHACA By Mayor CERACCHE TELEVISION CORPORATION By Anthony Ceracche STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: CITY OF ITHACA ) On the day of May, 1976, before me, the subscriber, personally appeared Edward J. Conley, who, being by me duly sworn, did depose and state that he is Mayor of the CITY OF ITHACA, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal thereto affixed is such corporate seal; that it was affixed by order of the Common Council of the City of Ithaca, and that he signed his name there- to by like order. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: CITY OF ITHACA ) On this day of May, 1976, before me, the subscriber, personally appeared Anthony Ceracche, who, being by me duly sworn, did depose and state that he is President of CERACCHE TELEVISION CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal thereto affixed is such corporate seal; that it was affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public SECTION 2. EXECUTION OF AGREEMENT The Mayor of the City of Ithaca is hereby authorized to execute the Amended Television Cable Franchise Agreement on behalf of the City of Ithaca and Ceracche Television Corporation is hereby required to execute said Amended Television Franchise Agreement or this Amendment shall be null and void. SECTION 3. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the office of the Secretary of State. . I t MAP 1 CITY O F ITHACA TOMPKINS COUNTY ITHACA, NEW YORK 14650 TELEPHONE: AR 2-1713 COOL'607 March 10, 1976 Mr. Anthony Ceracche 519 W. State Street Ithaca, New York 14850 Dear Mr. Ceracche: ` We are sorry you were unable to attend last nights meeting of the Charter and Ordinance Committee and the Cable Review Commission. My charge as committee chairman of Charter and Ordinance Committee is to return to the Common Council a report and recommendation for adop- tion of rules and regulations for public access television. I am sure you will want an opportunity to respond, to our requests and hope you will do so before our next meeting on Wednesday the 24th of March at 7: 30 P.M. in the Council Chambers. We certainly will appreciate meeting with you at this time to discuss the following recommendations: 1. The Ceracche Television Corp. shall provide one full separate single channel for public access programming on a demand basis. 2. This single channel shall be separate from the local origination channel and shall be located between channel 2 through 13. 3. Access to the separate channel shall be provided on a first come, first served basis within the following priorities: a. Local live programming access b. Public access c. Education access d. Government access e. Paid access f. Ceracche TV Corp. access for remainder of the broadcast time ' Mr. Ceracche March 10, 1976 Page Two 4. Users of the Public Access channel shall reserve their time at least one and no more than four weeks in advance of their desired broadcast time. 5. All access time shall be provided free of charge with the exception of paid access time which shall be provided at a minimum charge. Studio time shall be provided at a cost not to exceed the actual cost of operating the studio. 6. The administration of public access broadcasting shall remain with the Ceracche Television Corp. until such time that a single remote origination point can be established. 7. The Cable Commission shall act as the Common Council' s agent in resolving disputes between the Ceracche Television Corporation and public access users. 8. The Ceracche Television Corporation shall provide one remote origination point for access programming when needed. 9. Video tapes to be shown on the public access channel shall be delivered to the studio at least two working days in advance of airing. 10. All access broadcasts shall conform to all FCC regulations. While the above provisions represent a greatly expanded public access operation, the commission and committee feel they are absolutely necessary requests if a viable public access system is to be a reality. We hope you concur and look forward to your comments and to our meeting on the 24th. Sincerely, Donald Slattery, Chairman % Charter and Ordinance Committee DS:rb CC: Martin A. Shapiro, City Attorney Charter and Ordinance Committee Cable Commission Wr ------ r qq City of Ithaca Advisory Committee on Cable Television 564 Horton Road Newfield, New York 14867 Mayor Edward Conley Members of Common Council City of Ithaca Ithaca, New York 14850 Dear Mayor Conley and Councilmen: Having reviewed the events leading to the amendments to the cable television franchise held by Ceracche Television Corporation, the Advisory Committee on Cable Television believes that certain changes in the procedure used by Common Council might afford a more accurate picture of the issues. We make these suggestions in the interest of promoting more balance in the discussion of both sides of the issues. Our recommendations are as follows: (1) The Advisory Committee should be afforded the opportunity to present the issues and suggestions it has orally before Common Council prior to other groups having the opportunity to speak. In this way the members of Common Council will be fully aware of the thinking of this Committee and will a perspective against which to judge comments by the Cable Television company. (2) Copies of the report from the Advisory Committee should be made available to all members of Common Council at least one week before public discussion of cable television matters are taken up. In this way everyone will have adequate opportunity to know the issues as spelled out by the Advisory Committee. Comments from Ceracche and his represent- atives should also be available to Common Council ahead of the hearing for the same reason. (3) After discussion of the issues and after compromise amendments have drawn up by Common Council, at least a one week waiting period should be set before the final vote on the amendments is taken. In this way you can receive comments from interested parties. (4) The final vote could be taken during an open second meeting. Any final comments might also be entertained at that time. i Common Council -- 2 It is the belief of the Advisory Committee that both the interests of the public and Ceracche Television Corporation would be better served by following such procedures as are recommended above. We thank you for considering these suggestions for future rate investigations and other matters that affect Ceracche Television Corporation and subscribers. Sincerely, ADVISORY COMMITTEE ON CABLE TELEVISION Dana R. Ulloth Chairman Morris Angell Ann Martin Ray Bordoni Peter Potorti APR 3 0 1976 CITY OF ITHACA TOMPKINS COUNTY OFFICE OF ITHACA, NEW YORK 14850 THE MAYOR TELEPHONE: 272-1713 CODE 607 MEMO TO: Hon. Joseph Rundle, City Clerk Martin A. Shapiro, City Attorney Dana Ulloth, Chairman, Cable Commission FROM: Mayor Edward J. Conley DATE: April 29, 1976 SUBJECT: Letter from Cohen and Berfield - Ceracche Television Corp. Attached hereto please find a copy of a letter received today from Cohen and Berfield addressed to the New York State Commission on Cable Television on behalf of Ceracche Television Corp. for your attention. EJC:rb ATTACH. •J LAW OFFICES COHEN AND BERFIELD BOARD OF TRADE BUILDING LEWIS I.COHEN 1129 20TH STREET,N.W. MORTON L.BERFIELD WASHINGTON, D.C.20036 AREA CODE 202 ROY W. BOYCE 466-6865 April 27, 1976 ` �i OR 2 New York State Commission on Cable Television Tower Building, Empire State Plaza Albany, New York 12223 Gentlemen: On behalf of Ceracche Television Corporation, this is to notify the Commission pursuant to its March 1, 1976, Clarification of Commission Policy, that Ceracche Television Corporation provides pay cable pro- gramming of Home Box Office, Inc. , on cable systems serving the following communities: City of Ithaca; Towns of Ithaca, Lansing, Dryden, Ulysses, Caroline, Newfield, Danby, Enfield and Groton; and Villages of Cayuga Heights, Trumansburg and Groton. The rate for such service is $6. 00 per month. Ceracche Television Corporation submits this information without waiver of any rights in the event that a court or other body of competent jurisdiction holds the regulation of rates for such services by state and local authorities to be invalid. This should also not be construed as a concession by Ceracche Television Corporation as to the legality of the March 1, 1976, Clarification of Commission Policy. This notification is being filed under protest and solely in view of possible sanctions that would result from a failure to file. Should there be any questions concerning this matter, kindly communicate directly with this office. M incerely, Lewis I. Cohen Counsel for Ceracche Television Corporation cc: All municipalities listed above F i 4 f97b MEMORANDUM TO: Mayor Edward Conley Members of Common Council City of Ithaca, New York FROM: Advisory Committee on Cable Television Dana Ulloth, chairman 'Ll) ,,,, RE: Amendments to Cerrache Television Corporation Franchise presently pending The Advisory Committee on Cable Television (hereinafter called Committee) wishes to express its view on the amendments to the cable franchise noted above to be considered by Common Council during ,its meeting on April 7, 1976. We are in favor of the amendments regarding public access programming that have been worked out during meetings with Charter and Ordinance Committee and we believe they should be acted upon during the April 7 meeting. In addition to the access amendments Common Council is being asked to review and act upon amendments to the franchise which would bring it into conformance with the guidelines set down by the Federal Communications Commission and the New York State Commission on Cable Television. It is the view of this Committee that these amendments should be held in abeyance until they can be reviewed more thoroughly by this Committee and by Common Council. Since these amendments do not need to be incorporated into the franchise until early 1977, a delay should not create unnecessary hardship for anyone. It is the view of this committee that the amendments need to be reviewed from the point of view of the public need in Ithaca while conforming to the requirements of the FCC and State Commission regulations. We further believe that a more complete review will, in the long run, benefit everyone. 2511 horace court . 13e11morG, le.Y. 11710 May 120 1975 President Ceracche `i'eleVision Corp. ` 519 Fest State Street .Ithaca, 'N.Y. 14850 Gentlemen: r In May of 1975, ;i Mile I as livin- at 312 I•]o. Aurors Street, Ithaca, I•I.Y. , I advised your compt:ny to, disconnect the ct.ble , as we would be; vacat:in6 the ,,.part- ment at the end of the terra, being students at Ithaca College . 01 Since then, however# each month I havG ro- ce ived a bill from you. No matter how many times you have been advised that we no lonEar occupied these pro - mines , these Gvor-raountinE bills keep coming. Obviously it is your practico to keop hj;, ass inS former customcrs until they pay Just to dot you off-- == their backs . However, if I receive any more bills from" you, I shall bring this matter to the attention of the New York State Consumer Protection Board, Pt 270 Broadway, New York, N.Y. THIS IS MY LAST LT',TT :R TO YOU. L- - Very truly yours, Amy Ross P.S. It would appear that there is the sura of :LO.47 due me when you finally disconnected tho cable. Please sand said refund without delay. x, f f Jul-\ 16 , 1976 LOCAL LAW NO . OF THE YEAR 1976 CITY OF ITHACA A LOCAL LAW MENDING THE CABLE TELEi'1 SIGN i i A-NCHISI `I°0 CERACCHF, TELEVISION CORPORATION BE IT ENACTED by the Common Council- of the City of Ithaca as follolws : SECTION 1 . AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELE- VISION CORPORATION: The Ceracche Television Corporation is hereby granted an amendment to its Cable Television Franchise in accordan -e with the terms and conditions as contained in the Agreement e o4 : ,- TELEVISION CABLE FRANCHTSE AGREEMENT made this day of , 1976 , by and between the CITY OF ITHACA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York, party of the first part , Grantor , and CERACCHE TELEVISION CORPORATION, a domestic corporation duly organized under and by virtue of the laws of the State of New York , having its principal place of business at S19 West State Street , Ithaca , New York, party of the second part, Grantee . WITNESSETH: That in consideration of the promises and covenants hereinafter made , the parties agree as follows : 1. Ceracche Television Corporation, of 519 West State , Ithaca, New York, hereinafter referred to as grantee is hereby granted and invested with the right and authority to construct , erect , operate and maintain buildings , machinery , and apparatus within the city limits of the City of Ithaca, as it now is , and as it hereafter may be constituted by revision, modification, or addition, and which said buildings , machinery , apparatus may or shall become necessary in the transmission of television programs , and distribu- tion and sale of television or radio programs for the use of the citizens of the City of Ithaca, said rights hereby granted to be non-exclusive . The City has approved the legal , character, financial , technical and other quali- fications of the Grantee and the adequacy and feasibility of its construc- tion arrangements as part of a full public proceeding affording due process . 2 . Grantee shall have the right, further , to erect, place , operate, re- pair and maintain poles , wires , transmission lines , distribution lines , and service lines in and over, and the right to use , all public avenues , streets , alleys , grounds , and places in the city , and within its present limit or as it hereafter may be extended, for the purpose of furnishing the City of Ithaca and its inhabitants with television or radio service , provided always , that such poles , wires , transmission lines , distribution lines , and service lines shall not interfere with, nor obstruct , the necessary or proper use of said streets , avenues , alleys , public grounds or places . 3. Grantee shall have the right and permission of the City of Ithaca to use existing poles , wires, transmission lines and service lines now erected and in existence , and owned, controlled or operated by the New York Tele- phone Company or New York State Electric and Gas Corporation within the City of Ithaca, upon the condition that it shall first obtain the written permis- sion of the New York Telephone Company or New York State Electric and Gas Corporation respectively for such uses . 4 . Grantee shall be permitted to extend its poles , wires , transmission lines distribution. lines and service lines , and to give service to the City of Ithaca and to its inhabitants in accordance with the permission, rules , regulations and statutes as the same may be amended from time to time , of the Public Service Commission, Federal Communications Commission, and other regulatory bodies of the State of New York and of the United States of America and 'subject at all times to the applicable laws of the State of New York and of the United States of America. S. Grantee is hereby empowered , and subject always to the approval , if necessary , of the Public Service Commission of the State of New York or other applicable State Commission , and the Federal Communications Com- mission, to use proper practices , and procedures within the spirit of this franchise and appropriate to the service within the geographical limits of this franchise . 6 . Grantee , upon execution of this franchise agreement , shall , ife- quired, be allowed to proceed to petition the Public Service Commission of the State of New York or other applicable State Commission and Federal Communications Commission for any approval required to be had in the pre- mises , and upon such approval , he shall notify the Mayor of the City of Ithaca in writing . 7. No poles are to be erected upon the public streets , alleys , avenues and public grounds and no excavation of any type shall be done or caused to be done unless permission in writing is first obtained from the De- partment of Public Works of the City of Ithaca, New York. F f 8. In the event that a change is made in the grade of public streets , ' alleys , avenues , and grounds by authority of the City , which ,shall neces- sitate the removal of any poles , wires , transmission lines , and distribu- tion changes in its lines , at its own expenses , upon due notice from the Board. of Public Works of the City to do so . 9. All work in any way necessitated by the business of the Grantee which may involve the opening, breaking or tearing up of a portion of a street, sidewalk or other part of any City-owned or City-controlled property shall be done by the City at the expense of the Grantee. Grantee shall :d save and keep the City harmless against all loss or damage to person or property caused by the construction, laying maintenance or operation of any of its lines or other undertaking under the authority of this fran- chise . 10. a) During the term of this franchise , Grantee shall furnish to all persons desiring the service offered, and paying for the same , a wire service capable of producing as good a quality of television picture signal or reception as may be practical from time to time , and shall make all reasonable and practicable betterments or improvements of said service as improvements in the science of the carrying of television signals shall warrant, as well as in the elimination of radio inter- ference . x b) The Grantee shall certify to the City and provide such required documentation to prove that it is in fact meeting the minimal technical standards required by the FCC . Said certification and documentation may be twice yearly, as may be requested by the City. If in the belief of the City the minimum technical standards are not being met , or if the Grantee shall fail to provide such certification and documentation as required herein, then the City may, at its sole option, employ the ser- vices of the New York State Commission on Cable Television engineering van to make verification checks within the City. The Grantee agrees to pay for a maximum of two such verification checks per year should they be required by the City. ` - 3 - c) Service shall be defined to include the providing of cable ser- vice to subscribers ` homes and businesses in the city through the use of cable and necessary instruments . Further service shall include the pro- grain services provided by Ceracche such as over- the-air broadcast pictures , pay television programs and local origination . Additional franchise ser- vices should be provided only after securing city approval . 11. This franchise does not in any manner grant to the Grantee , his suc- cessors or assigns , the exclusive right to the sale and service of tele- vision sets , accessories , or converters within the City of Ithaca, and it is expressly understood that the right to sell such sets or accessories or convertors is reserved to any and all legitimate dealers . By accep- tance of this franchise , the Grantee , his successors and assigns shall be deemed to have accepted the following conditions : (a) Any persons , individual or corporation may purchase television sets from any source without any liability to the holder of the franchise herein granted. (b) The holder of this franchise shall be required to per- mit any individual or corporation to have access to the services of the holder of this franchise , subject only to the payment of regular installa- tion fee and monthly charges which are hereby established as follows : (1) Residential or Commercial establishments ; Maximum charges : First installation charge - $20 . 00 . Each additional installa- tion $10 . 00 . Rental for first installation - $5 . 50 per month , basic cable service including at least 20 channels . Additional rental charge for each extra set at the same establishment : Residential $1 . 00 per month per set. Commercial : $1. 00 per month per set . (2) Suspended service : No charge for disconnecting and no rental charge while disconnected. Reconnecting charge : $5 . 00 . (3) The user shall have the privilege of selling and transferring the service once only to a different part}/at a different ad- dress for a $10 . 00 transfer charge , where the service //is available at the fi time. (4) Changing location of cable : $5 . 00 for moving to another location in same room or for moving to a different room in same apartment or living quarters . (5) Any user who has paid the regular established resi- dential installation fee and moves to another residence within the city where service is available may have this service transferred for a $10 . 00 charge . (6) Cable service may be disconnected when rental or installation charge is sixty days past due. If service is disconnected because of non-payment , a charge of $5. 50 is made for reconnection after past-due account is paid. (7) Installation may be disconnected if user attempts 4 - to run more than one set at one time on each installation, or permits any- one else to do the same: or tampers with the lines in any way. (8) Any increase of the maximum charges must first be approved by the Common Council , after a full public hearing_, affording due process . Such approval shall not be unreasonably withheld. (9) All installation and other charges include applica- ble federal , state and local taxes , if any, except sales tax. (10) The City specifically reserves the right to con- duct a subscriber or other rate investigation when it believes on the basis of financial data available to it that substantial changes in costs , revenues , or profits of the Grantee has occurred, and may on the basis of such investigation, adjust the subscribers ' rates or any other rates con- tained in this agreement . (c) Grantee of this franchise shall not directly or indi- rectly reflect the cost of installations in the price of sets sold by it . 12 . If the trees in the City Streets interfere with the erection of poles or the stringing of wires , or cables , in accordance with the terms of this franchise , written permission for removing said trees , or any part thereof, must be obtained from the Department of Public Works , for trees on City property, and from the owners of private property. 13 . In all street installations , the cable or wires erected shall , in all respects , comply with the provisions of all existing Codes pertaining to the extension of wires across the streets , and all applicable provisions `. of the Electrical Code of the City of Ithaca. Coaxial cable shall be used to carry the television signal throughout the street installations . Messenger cables shall be used to carry the coaxial cable across the streets . f 14 . The holder of this franchise shall , at all times , keep in effect the following types of insruance coverage : (1) Workmen' s Compensation upon its employees engaged in any manner in the installation or servicing of its plant and its equip- ment within the City of Ithaca. (2) Public Liability Insurance in a total over-all amount of not less than $50 ,000 . 00 insuring the holder of this franchise and the City of Ithaca against liability for property damage , and $100 ,000 . 00 to $300 ,000 . 00 for personal injury or death by reason of the installation , servicing or operation of its plant and equipment or installations within the City of Ithaca. 1S. The term of this franchise shall be ten (10) years from the effective date hereof. The franchise may be automatically renewed at the option of the Grantee for an additional period extending to May 1 , 1991 , unless after review of the performance of the Grantee , Grantor shall determine that said performance has been inadequate , in which case the Grantor may, upon one (1) month' s written notice to the Grantee, terminate this franchise agreement S - at the end of the initial ten-year term. However, this franchise may be revoked in the event: the grantee shall fail to comply with the terms and conditions herein set forth within. sixty days after written notice of such failure has been received by the grantee , 16 . This franchise is personal to the grantee , and may be transferred only or, application to and approval. by the Common Council of the City of Ithaca. No permit or grant of similar privileges and. powers as are covered by this franchise shall be allowed during the period hereof ex- cept upon a franchise applied for and approved by the Common Council . 17 . The grantee shall pay to the City Chamberlain annually a sum equal to three per centum (39,-,) of its gross revenues from its cable service operations within the City , said gross revenues to include the "Basic" charges and rentals as set forth in paragraph No 11 hereinabove and the charges and rentals as set forth in paragraph Nc3131 hereinbelow. The City may increase +be per centum sum in the first sentence of this para- graph as permitted by law or regulations of the FCC or New York State Cable Commission. Such fees shall be and constitute a lien upon the property of the grantee within the City prior and superior to all other debts , obligations , taxes , mortgages , or liens of whatsoever nature re- t gardless of the time of the creation thereof. Failure to make the re- quired report or pay such franchise fees shall be grounds for revocation E of this franchise . 18 . Any continuous and willful. violation of any section or provision of this franchise shall be grounds for cancellation of the franchise , after due notice and public hearing. The right is reserved to the Grantee to prosecute in any Court or otherwise , any stealing, pirating or unlawful uses of the services covered by this franchise . 19. If any section of this franchise agreement or any clause or any phrase thereof shall be held to be unconstitutional or void, all other portions not so held shall be and remain in full force and effect . 20 . The City recognizes that Grantee has already constructed its system substantially throughout the entire city. Grantee shall continue to provide such service throughout the duration of the franchise , pursuant to this franchise. 21 . Grantee shall construct its cable system using materials of good and durable quality and all work involved in construction, installation, maintenance , and repair of the cable system shall be performed in a safe , thorough, and reliable manner. 22 . The Grantor and the Grantee have adopted procedures for the investiga- tion and resolution of all complaints regarding cable television operations . The Grantee shall maintain a local business office or agent for these purposes . All complaints shall first be forwarded to the Grantee who shall maintain a log of each complaint , the date it was made , the name of the complainant , the resolution thereof and the date of the resolution. All complaints not resolved by the Grantee within one (1) week after re- ceipt shall be forwarded to the Grantor for review. The Mayor of the City of Ithaca or his designee or designated committee has primary responsibility for the continuing administration. of the franchise and implementation of complaint procedures . Notice of the procedures for reporting and resolving 6 - complaints will be given to each subscriber at the time of initial sub- scription to the cable system and at intervals thereafter of not more than one year . Such notice may be written or by such other means as the New York State Commission on Carle Television may approve upon applica- tion by Grantee . 23. Granted shall not abandon any service or portion thereof without the written consent of the City. 24 . Any City or private property damaged or destroyed shall be promptly repaired or replaced by Grantee and restored to serviceable condition . 25 . Grantee shall not refuse -t:o hire or employ, nor bar or discharge from employment , nor discriminate against any person in compensation or in terms , conditions , or privileges of employment because of age , race , creed, color , national origin or sex. f' f 26 . The City reserves the right to adopt , in addition to the provisions contained in the franchise and existing applicable ordinances , such addi- tional regulations as it shall find necessary in the exercise of its police power ; provided, however, that such regulations are reasonable and not materially in conflict with the privileges granted in the franchise . 27 . The City reserves the right to inspect all pertinent books , records , maps , plans , financial statements , and other like materials of the fran- chisee , upon reasonable notice and during normal business hours . 28 . This franchise is in compliance with the franchise standards of the New York State Commission on Cable Television and the provisions hereof are subject to the approval of said Commission. 29 . a) Within thirty days of the receipt of final operating authority, Grantee shall post security with the City in the amount of $10 ,000 in the form of a letter of credit. b) Said security shall be forfeit to the extent specified by the City Council if the Grantee fails to substantially comply with. the con- struction schedule herein specified or if the Grantee commits a material breach of any of the terms and conditions herein prescribed. As an al- ternative , the City Council may unilaterally shorten or decrease the term of this franchise if it shall find that the Grantee has materially breached any of the terms of this franchise agreement . f c) The Grantee shall be entitled to notice and hearing before the City Council prior to any forfeiture or decrease in the term of this franchise . d) No forfeiture shall be imposed for failures beyond the reasonable control of the Grantee. e) In the event of forfeiture of part or all of the initial security, the Grantee `shall within thirty days thereafter post additional security so that the total amount of security posted equals $10 , 000 . 30 . Grantee shall file requests for all necessary operating authoriza- tions with the City of Ithaca, Commission on Cable Television, and the Federal Communications Commission within 60 days from the date this amend- ment is granted. 7 - 31 . The City ;ias approved , pursuant to a public hearing heldafter public notice , the following rates : (a) A charge of $6. 00 per monch per television receiver may be made for subscription or pay cable programming , i . e . Home Box Office . (b) A maximum charge of $2 . 00 per month per television receiver may be made for the provision by Gyantee of a converter for tine reception of additional broadcast channels that may be received only with such converter . Said converter shall be capable of providing both pay cable programming and extra channels such that when a subscriber requests both pay cable programming and extra channel service the subscriber shall be charged only a single $1 . 00 fee for the converter which shall be capable of providing both services when the additional $6 . 00 per month fee for Home Box Office is paid. (c) The charges authorized in this Section are optional and no subscriber may be required to receive either of these services as a condition to receiving the basic cable service . 32 . Public Access (a) The Ceracche Television Corporation shall provide one full separate single channel for public access programming on a demand basis up to and including an amount of time equal to the duplicated por- tion of a particular channel . (b) This single channel shall be located between channel 2 and 12 subject to approval by the Federal Communications Commission; if such approval is not granted, then the channel may be other than 2 through 12 . (c) Access to the separate channel shall be provided on a first-come, first-served basis within the following priorities : (1) Local live programming access (2) Public access k (3) Education access (4) Government access (d) Users of the Public Access channel shall reserve their time at least one and no more than four weeks in advance of their desired broadcast time ; this provision may be waived in a particular case by Ceracche Television Corporation in its sole discretion. i (e) Studio time shall be provided at a cost not to exceed the actual cost of operating the studio. (f) The administrtion of public access broadcasting shall remain with the Ceracche Televis` on Corporation. (g) The City Cabl( Commission shall act as the Common Coun- cil ' s agent in resolving disputes between the Ceracche Television Corpora- tion and public access users . - s - (h) Vid.co tapes to be shown on the public access channel shall be delivered to the studio at least two working days in advance of airing . (i) All access broadcasts shall conform to all applicable Federal Communications Commission and State Cable regulations . 33. By execution hereof the parties hereof revoke and rescind any and all prior franchises heretofore given by the City to the Grantee . 34 . The Grantee shall be required to provide to the City at the Grantee ' s sole expense audited financial statements upon any application by the Grantee for any increase in rates hereunder for use in determin- ing such rates to be permitted in the city of Ithaca. The Grantee shall also be required to submit its annual financial statements , Uniform Cable Commission financial reports , and State and. Federal Income Tax returns and any other reasonable financial information requested, to the Common Council annually as soon thereafter as they may be available . 35 . The value of this franchise at the end of the term or at such earlier time as it may be terminated, shall be zero . 36 . In the event the Grantor annexes additional land areas in the future , then all of the conditions of this franchise shall apply to the annexed area. In the event that the new land area so annexed is not wired by the Grantee for the services set forth herein, then a construction schedule shall be negotiated between the Grantor and the Grantee within one year , or the City may, at its option, impose any of the penalty provisions con- tained herein as if the Grantee had materially breached any term or provi- sion of this franchise agreement . IN WITNESS WHEREOF , we have hereunto set our hands and seals the day and year first above written. CITY OF ITHACA By: Mayor CERACCHE TELEVISION CORPORATION By. Anthony Ceracche STATE OF NEW YORK ) COUNTY OF TOMIPKINS ) SS : CITY OF ITHACA ) On this day of July, 1976 , before me , the subscriber, personally appeared Edward J. Conley, who , being by me duly siorn, did depose and state that he is Mayor of the CITY OF ITHACA , the corporation described in and which executed the foregoing instrument ; that he knows the seal of said corporation; that the seal thereto affixed is such corporate seal ; that it was affixed by order of the Common Council of the City of Ithaca , and that lie signed his name thereto by like order . Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS : CITY OF ITHACA ) } k On this day of 1976 , before me , the subscriber , personally appeared Anthony Ceracche , who , being by me duly sworn, did depose and state that he is President of CERACCHE TELEVISION CORPORATION , the corpo-- ration described in and which executed the foregoing instrument ; that he knows the seal of said corporation; that the seal thereto affixed is such corporate seal ; that it was affixed by order of the Board. of Directors of said corporation, and that he signed his name thereto by like order . Notary Public ` L #kB F g� 3 t SECTION 2 . EXECUTION OF AGREE,TENT The Mayor of the City of Ithaca is hereby authorized to execute the Television Cable Franchise Agreement on behalf of the City of Ithaca and Ceracche Television Corporation is hereby required to execute said Television Franchise Agreement or this Franchise shall be null and void. SECTION 3 . EFFECTIVE DATE This Local Law shall take effect immediately after filing in the office of the Secretary of State . y Z / i 'I LOCAL LAW NO. OF THE YEAR 1976 CITY OF ITHACA A LOCAL LAW GRANTING A CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION BE IT ENACTED by the Common Council of the City of Ithaca as follows: SECTION 1. GRANTING A CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION CORPORATION: The Ceracche Television Corporation is hereby granted a Cable Television Franchise in accordance with the terms and conditions as contained in the Agreement set forth below: a TELEVISION CABLE FRANCHISE AGREEMENT made this day of May, 1976, by and between the CITY OF ITHACA, a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York, party of the first part, Grantor, and CERACCHE TELEVISION CORPORATION, a domestic corporation duly organized under and by virtue of the laws of the State of New York,having its principal place of business at 519 West State Street, Ithaca, New York, i party of the second part, Grantee. i WITNESSETH: i That in consideration of the promises and covenants hereinafter made, the parties agree as follows: 1. Ceracche Television Corporation, of 519 West State Street, Ithaca, New York, hereinafter referred to as grantee is hereby granted and invested with the right and authority to construct, erect, operate and maintain buildings, machinery, and apparatus within the city limits of the City of Ithaca, as it now is, and as it hereafter may be constituted by revision, modification, or addition, and which said buildings, machinery, apparatus may or shall become necessary in the transmission of television programs, and distribution and sale of television or radio programs for the use of the citizens of the City of Ithaca, said rights hereby granted to be non-exclusive. 2 . Grantee shall have the right, further, to erect, place, operate, repair and maintain poles, wires, transmission lines, distribution lines, and service lines in and over, and the right to use, all public avenues, streets, alleys, grounds and places in the city, and within its present limit or as it hereafter may be extended, for the purpose of furnishing the City of Ithaca and its inhabitants with television or radio service, provided always, that such poles, wires, transmission lines, distribution lines, and service lines shall not interfere with, nor obstruct, the necessary or proper use of said streets, avenues, alleys, public grounds or places. 3 . Grantee shall have the right and permission of the City of Ithaca to use existing poles, wires, transmission lines and service lines now erected and in existence, and owned, controlled or operated by the New York Telephone Company or New York State Electric and Gas Corporation within the City of Ithaca, upon the condition that it shall first obtain the written permission of the New York Telephone Company or New York State Electric and Gas Corporation for such uses. 4. Grantee shall be permitted to extend its poles, wires, trans- mission lines, distribution lines and service lines, and to give service to the City of Ithaca and to its inhabitants in accordance with the permissive rules, regulations and statutes as the same may be amended from time to time, of the Public Service Commission, Federal Communications Commission, and other regulatory bodies of the State of New York or the United States of America and subject at all times to the applicable laws of the State of New York and of the United States of America. -2- 5. Grantee is hereby empowered, and subject always to the approval, if necessary of the Public Service Commission of the State of New York, and the Federal Communications Commission, to i use proper practices and procedure within the spirit of this franchise and appropriate to the service within the geographical limits of this franchise. 6. Grantee, upon execution of this franchise agreement, shall, if required, be allowed to proceed to petition the Public Service Commission of the State of New York and Federal Communications Commission for any approval required to be had in the premises, and upon such approval, he shall notify the Mayor of the City of Ithaca in writing. 7 . No poles are to be erected upon the public streets, alleys, avenues and public grounds and no excavation of any type shall be done or caused to be done unless permission in writing is first obtained from the Department of Public Works of the City of Ithaca, New York. 8. In the event that a change is made in the grade of public streets, alleys, avenues, and grounds by authority of the City, which shall necessitate the removal of any poles, wires, transmission lines, and distribution lines, to conform to the change of grade, Grantee shall make the necessary changes in its lines, at its own expense, upon due notice from the Board of Public Works of the City to do so. 9. All work in any way necessitated by the business of the Grantee which may involve the opening, breaking or tearing up of a portion of a street, sidewalk or other part of any City-owned or City-controlled property shall be done by the City at the expense of the Grantee. Grantee shall save and keep the City harmless against all loss or damage to person or property caused by the construction, laying, maintenance or operation of any of its lines or other undertaking under the authority of this franchise. 10. During the term of this franchise, Grantee shall furnish to all persons desiring the service offered, and paying for the same, a wire service capable of producing as good a quality of television picture signal or reception as may be practicable from time to time, and shall make all reasonable and praticable betterments or improve- metns of said service as improvements in the science of the carrying of television signals shall warrant, as well as in the elimination of radio interference. 11. This franchise does not in any manner grant to the Grantee, his successors or assigns, the exclusive right to the sale and service of television sets or accessories within the City of Ithaca, and it is expressly understood that the right to sell such sets or accessories is reserved to any and all legitimate dealers. By acceptance of this franchise, the Grantee, his successors and assigns shall be deemed to have accepted the following conditions : (a) Any person, individual or corporation may purchase tele- vision sets from any source without any liability to the holder of the franchise herein granted. -3- (b) The holder of this franchise shall be required to permit any individual or corporation to have access to the services of the holder of this franchise, subject only to the payment of regular installation fee and monthly charges which are hereby established as follows: (1) Residential or Commercial establishments; Maximum charges : First installation charge - $15. 00. Each additional installation $15. 00. Rental for first installation - $5. 50 per month. Additional rental charge for each extra set at the same establishment: Residential 50(� per month per set. Commercial: $1. 00 per month per set. (2) Suspended service: No charge for disconnecting and no rental charge while disconnected. Reconnecting charge: $5. 00. (3) The user shall have the privilege of selling and trans- ferring the service once only to a different party at a different address for a $10. 00 transfer charge, where the service is available at the time. (4) Changing location of cable: $3. 50 for moving to another location in same room; $5. 00 charge for moving to a different room in same apartment or living quarters. (5) Any user that has paid the regular established residential installation fee who moves to another residence within the city where service is available may have this service transferred for a $10. 00 charge. (6) Cable service may be disconnected when rental or install- ation charge is sixty days past due. If service is disconnected because of non-payment, a charge of $4. 00 is made for reconnection after past-due account is paid. (7) Installation may be disconnected if user attempts to run more than one set at one time on each installation, or permits anyone else to do the same; or tampers with the lines in any way. (8) Any increase of the maximum charges must first be approved by the Common Council, after a full public hearing affording due process. Such approval shall not be unreasonable withheld. (9) All installation and other charges include applicable federal, state and local taxes, if any. (c) Grantee of this franchise shall not directly or indirectly reflect the cost of installations in the price of sets sold by it. 12. If the trees in the City Streets interfere with the erection of poles or the stringing of wires, or cables, in accordance with the terms of this franchise, written permission for removing said trees, or any part thereof, must be obtained from the Department of Public Works, for trees on City property, and from the owners of private property. -4- 13. In all street installations, the cables or wires erected shall, in all respects, comply with the provisions of all existing Codes pertaining to the extension of wires across streets , and all applicable provisions of the Electrical Code of the City of Ithaca. Co-axial cable shall be used to carry the television signal throughout the street installations. Messenger cables shall be used to carry the co-axial cable across streets. 14. The holder of this franchise shall, at all times, keep in effect the following types of insurance coverage: (1) Workmen' s Compensation upon its employees engaged in any manner in the installation or servicing of its plant and its equipment within the City of Ithaca. (2) Public Liability Insurance in a total over-all amount of not less than $50, 000. 00 insuring the holder of this franchise and the City of Ithaca against liability for property damage, and $100, 000. 00 to $300, 000. 00 for personal injury or death by reason of the installation, servicing or operation of its plant and equipment or installations within the City of Ithaca. 15. The term of this franchise shall be ten (10) years from the effective date hereof. The franchise may be automatically renewed at the option of the Grantee for an additional period extending to May 1, 1991. However, this franchise may be revoked in the event the grantee shall fail to comply with the terms and conditions herein set forth within sixty days after written notice of such failure has been received by the grantee. 16. This franchise is personal to the grantee, and may be trans- ferred only on application to and approval by the Common Council of the City of Ithaca. No permit or grant of similar privileges and powers as are covered by this franchise shall be allowed during the period hereof except upon a franchise applied for and approved by the Common Council. 17. The grantee shall pay to the City Chamberlain annually a sum equal to two per centum (2%) of its gross revenues from its cable service operations within the City. Said gross revenues to include the "basic" charges and rentals as set forth in paragraph No. 11 hereinabove and the charges and rentals as set forth in paragraph No. 32 hereinbelow. Upon application for any rate change by the grantee to the City, the Common Council may increase the per centum sum in the first sentence of this paragraph as permitted by law. Such fees shall be and constitute a lien upon the property of the grantee within the City prior and superior to all other debts, obligations, taxes, mortgages or liens of whatsoever nature regard- less of the time of the creation thereof. Failure to make the required report or pay such franchise fees shall be grounds for revocation of this franchise. -5- 18 . Any continuous and willful violation of any section or provision of this franchise shall be grounds for cancellation of the franchise, after due notice and public hearing. The right is reserved to the Grantee to prosecute in any Court or otherwise, any stealing, pirating or unlawful uses of the services covered by this franchise. 19. If any section of this franchise agreement or any clause or any phrase thereof shall be held to be unconstitutional or void, all other portions not so held shall be and remain in full force and effect. 20. The City recognizes that Grantee has already constructed its system substantially throughout the entire city. Grantee shall continue to provide such service throughout the duration of the franchise, pursuant to this franchise. 21. Grantee shall construct its cable system using materials of good and durable quality and all work involved in construction, installation, maintenance, and repair of the cable system shall be performed in a safe, thorough, and reliable manner. 22. The City and the Grantee have adopted procedures for the investigation and resolution of all complaints regarding cable television operations. The Grantee shall maintain a local business office or agent for these purposes. The Mayor of the City of Ithaca or his designee or designated committee has primary responsibility for the continuing administration of the franchise and implementation of complaint procedures. Notice of the procedures for reporting and resolving complaints will be given to each subscriber at the time of initial subscription to the cable system and at intervals thereafter of not more than one year. Such notice may be written or by such other means as the New York State Commission on Cable Television may approve upon application by Grantee. 23. Grantee shall not abandon any service or portion thereof without the written consent of the City. 24. Any City property damaged or destroyed shall be promptly repaired or replaced by Grantee and restored to serviceable condition. 25. Grantee shall not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex. 26. The City reserves the right to adopt, in addition to the provisions contained in the franchise and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power; provided, however, that such regulations are reasonable and not materially in conflict with the privileges granted in the franchise. J -6- 27. The City reserves the right to inspect all pertinent books, records, maps, plans, financial statements, and other like materials of the franchisee, upon reasonable notice and during normal business hours. 28. This franchise is in compliance with the franchise standards of the New York State Commission on Cable Television and the provisions hereof are subject of the approval of said Commission. 29. (a) Within thirty days of the receipt of final operating authority, Grantee shall post security with the City in the amount of $1, 000 in the form of a letter of credit. (b) Said security shall be forfeit to the extent specified by the City Council if the Grantee fails to substantially comply with the construction schedule herein specified or if the Grantee commits a material breach of any of the terms and conditions herein prescribed. (c) The Grantee shall be entitled to notice and hearing before the City Council prior to any forfeiture. (d) No forfeiture shall be imposed for failures beyond the reasonable control of the Grantee. (e) In the event of forfeiture of part or all of the initial security, the Grantee shall within thirty days thereafter post additional security so that the total amount of security posted equals $1, 000. 30. Any modifications of the Rules of the Federal Communications Commission concerning franchise standards shall be incorporated herein within one (1) year of their adoption or at renewal time whichever comes first. 31. Grantee shall file requests for all necessary operating authorizations with the Commission on Cable Television and the Federal Communications Commission within 60 days from the date this amendment is granted. 32. The City has approved, pursuant to a public hearing held after public notice, the following rates: (a) A charge of $6. 00 per month per television receiver may be made for subscription or pay cable programming. (b) A charge of $2. 00 per month per television receiver may be made for the provision by Grantee of a converter for the reception of either subscription or pay cable programming or the reception of additional broadcast channels that may be received only with such a converter. (c) The charges authorized in this Section are optional and no subscriber may be required to receive either of these services as a condition to receiving the basic service. i i -7- 33. Public Access (a) The Ceracche Television Corporation shall provide one full separate single channel for public access programming on a demand basis up to and including an amount of time equal tp the duplicated portion of a particular channel. (b) This single channel shall be located between channel 2 and 12 subject to approval by the Federal Communications Commission; if such approval is not granted, then the channel may be other than 2 through 12. (c) Access to the separate channel shall be provided on a first come, first served basis within the following priorities: (1) Local live programming access (2) Public access (3) Education access (4) Government access (d) Users of the Public Access channel shall reserve their time at least one and no more than four weeks in advance of their desired broadcast time; this provision may be waived in a particular case by Ceracche Television Corporation in its sole discretion. (e) Studio time shall be provided at a cost not to exceed the actual cost of operating the studio. (f) The administration of public access broadcasting shall remain with the Ceracche Television Corporation. (g) The City Cable Commission shall act as the Common Council ' s agent in resolving disputes between the Ceracche Television Corporation and public access users. (h) Video tapes to be shown on the public access channel shall be delivered to the studio at least two working days in advance of airing. (i) All access broadcasts shall conform to all applicable Federal Communications Commission and State Cable regulations. 34. By execution hereof of the parties hereto revoke and rescind any and all prior franchises heretofore given by the City to the Grantee. 35. The Grantee shall be required to provide to the City at the Grantee ' s sole expense audited financial statements upon any application by the Grantee for any increase in rates hereunder for use in determining such rates to be permitted in the City of Ithaca. The Grantee shall also be required to submit its annual -8- financial statements, Uniform Cable Commission financial reports, and State and Federal Income Tax returns and any other reasonable financial information requested, to the Common Council annually as soon thereafter as they may be available. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. CITY OF ITHACA BY: Mayor CERACCHE TELEVISION CORPORATION BY: Anthony Ceracche � I • STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: CITY OF ITHACA ) I On this day of May, 1976, before me, the subscriber, personally appeared Edward J. Conley, who, being by me duly sworn, did depose and state that he is Mayor of the CITY OF ITHACA, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal thereto affixed is such corporate seal; that it was affixed by order of the Common Council of the City of Ithaca, and that he signed his name thereto by like order. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: CITY OF ITHACA ) On this day of May, 1976, before me, the subscriber, personally appeared Anthony Ceracche, who, being by me duly sworn, did depose and state that he is President of CERACCHE TELEVISION CORPORATION, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal thereto affixed is such corporate seal; that it was affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public J SECTION 2. EXECUTION OF AGREEMENT The Mayor of the City of Ithaca is hereby authorized to execute the Television Cable Franchise Agreement on behalf of the City of Ithaca and Ceracche Television Corporation is hereby required to execute said Television Franchise Agreement or this Franchise shall be null and void. SECTION 3. EFFECTIVE DATE This Local Law shall take effect immediately after filing in the office of the Secretary of State. i i 1 I i i i I i i APPENDIX D s CERACCHE T V Average Capital Rate Increase S Without With increase increase Capital Capital 4/30/74 694 190 694 190 Add: Net income 1974-75 12 800 53 700 4/30/75 706 990 747 890 Net income 1975-76 79 300) 64 900 4/30/76 627 690 812 790 Net income 1976-77 (148 700) 42 800 4/301/77 478 990 855 590 Average Year�.ended 4/30/75 700 600 721 000 4/30/76 667 300 780 300 4/30/77 553 300 834 200 Net income (loss) as % of average capital 4/30/75 1.8% 7.4% 4/30/76 (11.9) 8.3 4/30/77 (26.9) 5.1 l 1; i Y. r4 Y r; X E 4 CERACCHE T V H B 0 Operations Rate Increase 4/30/74 4/30/75 4/30/76 4/30/77 Income 20 827 47 000 60 000 76 000 Expenses Salaries & commissions 7 824 7 800 8 600 9 500 Loss on convertors - 3 000 3 800 4 800 Advertising 5 951 3 600 4 000 4 400 Computer services (est.) 2 700 6 800 9 000 10 800 Depreciation 4 347 13 300 17 500 21 000 Office expense 4 581 5 000 5 0'00 5 000 Other 2 693 28 096 39 500 47 900 55 500 Net income (loss) ,(7 269) 7 500 12 100 22-5 00 1 CERACCHE T V Worksheet - 3 Year Projections Without Rate Increase 1974-75 1975-76 1976-77 Income Monthly cable fees 849 300 861 900 874 500 Installation, transfers 1973-74 71 064 73 000 75 000 77 000 922 300 936 900 951 500 Advertising 40 000 50 000 60 000 All Other 13 000 13 000 13 000 975 300 999 900 1 024 500 Expenses - Salaries & wages ! 314 400 377 200 414 900 Depreciation 118 000 128 000 138 000 Bad debts - 27 800 28 700 29 600 t Cable maint. contracted 33 000 36 300 39 900 FCC fee - - NYS Cable Comm. 9 600 9 900 10 100 Interest 26 000 27 000 28 000 Legal & accounting 30 000 33 000 36 000 Microwave service 31 500 31 500 31 500 PR taxes & insurance 39 800 43 800 48 200 Pole rental 38 600 40 600 42 600 Taxes - real estate 28 700 31 700 34 700 Taxes - NYS franchise 7 100 7 500 7 700 Taxes - local franchise 9 500 10 500 11 500 Taxes - sales & use 12 000 13 000 14 000 Telephone 10 500 12 000 13 500 a Utilities --11 000 12 000 13 000 All other 215 000 236 500 260 000 962 500 1 079 200 1 173 200 P/S-_plan - - - Federal income tax - - - 962 500 1 079 200 1 173 200 Net _12 800 (79 300) X148 700) a CERACCIIE T V Worksheet - 3 Year Projections With Rate Increase 1/1/75 .q 1974— 1975-76 1976-77 Income 1974-75 Subscribers 4/30/74 15 201 Dollar increase-1/1-4/30/75 $1.00/mo. x 4 mo. 0 Subscribers added-800 for 12 mo, -530 for 8 mo. $1.00/mo x 530 x 4 mo. at 1/1/75 '. - 1.00/mo x 130 x 4 mo. l:/1:-4,'30 Without increase _.7 __ .All'other 73+40+13 1975-76 .. . 4/30/75 15 211 Dollar inc-_­._ 792 000 Additions for year -$12 -,k 200 2 400 .194 400400 Without incre1 v;..t l 999 900 1 194 300 0 _1976-77 4/3.0/76 16 000 + 4t Dollar QI 121 ,.. 196 800 Additions' for year 2" 400 199 200 Without increase 1 024 500 1 223 700 Expenses before taxes and profit-s �- 1 079 200 1 173 200 Net before taxes and profit-s�=<-,ring 115 100 50 500 Profit-sharing (22 000) - Corporation taxes less invest, creE ,— f (28 200) (7 700) Net retained 64 900 42 800 __. t: CERACCHE T V Capital Expenditures Rate Increase 1974-75 1975-76 1976-77 Capital expenditures Trucks (2) 8 000 (1)15 000 (2) 8 000 (2) 8 000 Studio equipment 25 000 25 000 25 000 Tape machines Remote units Calor cameras Lighting House drops replacement 1 600/year @ $15 24 000 24 000 24 000 Replace cable plant -Cable 17 miles @ $ 4 000 68 000 68 000 68 000 Replace amplifiers 500 over 3 year period - 168/year @ $ 350 - 58 000 58 000 58 000 _ 183 000 198 000 1.83 000 Extensions -- 12 miles per year @ $ 4 000 48 000 48 000 48 000 --_ - 231 000 246 000 231 000 a Residential Commercial Basic Service Additional Outlets Basic Service Additional Outlets Community Old N ew Old New Old New Old X e�v Walden(V) Alontgomery(V,T) Crawford(T) Shawan nk(T) $5. 00 $5. 95 Not Given $5. 00 $5. 95 Not Given 2 Seneca Falls(V) Waterloo(T, V) 5. 00 5. 95 Not Given Stanford(V)l/ Roxbury(T) Prattsville(T) Windham(T) 5. 00 $1.00 7. 00 $1. 25 Champion(T)2/ Wilna(T) Deferiet(V) Herrings(V) 4. 95 5. 95 Not Given ' S Che order did not give the old rates. Che order did not specifically state whether rates are commercial and/or residential. Residential Commercial Basic Service Additional Outlets Basic Service Additional Outlets Community Old New Old New Old N ew Old N-ew Deerfield(T) N.Y. Mills(V) New Hartford(V) Yorkville(V) $5. 00 $6. 00 $1. 00 $1. 50 $5. 00 $6. 00 $2. 00 $3. 00 Kirkwood(T)2/ 4. 75 5. 75 Not Given Salamanca(T, C)2/ Great Valley(T) 6. 50 7. 00 Not Given N.Y. City/ 5. 00 7. 00 1. 00 2. 00 Watertown(C)2/ 5. 00 5. 75 . 2. 00 1.15 1 /1/75 6. 25 1. 25 2/ Seneca Falls(T) 5. 00 5. 95 No Change Utica(C) 5. 00 6. 00 Not Given 1. 50 5. 00 6. 00 Not Given 3.00 Brookhaven(T)2/ 5. 00 6. 00 1. 00 No Change / Unadilla(T, V)2 2 Sidnev(T, V) 4. 50 5. 50 . 50 1. 00 Massena(T, V)2-/ Louisville(T) Potsdam(T, V) Canton(T, V) ! Norfolk(T) Norwood(V) 4. 95 5. 50 Not Given The order did not give the old rates. ! The order did not specifically state whether rates are commercial and/or residential. Commercial R esidential : Basic Service Additional Outlets Basic Service Additional Outlets Community Old N ew Old N ew Old N ew Old \e Schuyler(T)1/ illarcy(T) $6. 00 $1. 50 $6. 00- $3. ( Amsterdam(C)2/ Haaair_an(V) Fort Johnson(V) $5. 00 6. 00 $1. 00 1. 25 1 /3/ .ionticello(V) 6. 00 2. 50 Paris(T) Whitesboro(V) 5. 00 6. 00 1. 00 1. 50 $5. 00 6. 00 $2. 00 3. ( Fayetteville(V)2/ M--nlius(T) 5. 00 6. 00 1. 00 2. 00 ' Oswego(C)2/ 5. 00 6. 00 1. 00 1. 25 1 / 2/ Hanzmondsport(V) 5. 00 ' New Hartford(T) 5. 00 6. 00 1. 00 1. 50 5. 00 6. 00 2. 00 3. 1 Fallsburg(T)2/ 3. 50 or 5. 00 6. 00 1. 00 1. 50 Kirkland(T) U'Izitestone(T) 5. 00 6. 00 1. 00 1. 50 5. 00 6. 00 2. 00 3. 1 Islip(T)�/ 5. 00 6. 00 1. 00 No Change r Ij ' The order did not give the old rates. M The order did not specifically state whether rates are commercial and/or residential. ' The rate for two, three or four television sets is $8. 50 per month. z 0 r .,...._,.......-�,.,...,,F..,�..�•�...s,..�:wocw��:.atewsww,:•.�a �_r� �..»:..xq;' '='+!7�Kr°nWo-'."111. �+�;w� ` '3 • I� Q CERACCHE T V Proposed Rate Increase 1/1/75 Protected no increase ?rniected increase 1/1/75 1970-71 1971-72 1972-73 1973-74 1974-75 1975-76 1976-77 1974-75 1975-76 1976-77 '' INCOME Cable rental 597 603 663 131 763 181 823 507 849 300 861 900 874 500 912 700 1 055 300 1 073 700 Cable install. transfer 64 454 64 749 68 571 71 064 73 000 75 000 77 000 73 000 75 000 77 000 Advertising 4 973 18 732 37 692 34 328 40 000 50 000 60 000 40 000 50 000 60 000 ' Other 22 862 35 684 48 302 24 338 13 000 13 000 13 000 13 000 13 000 13 000 689 892 782 296 917 746 953 237 975 300 999 900 1 024 500 1 038 700 1 194 3+:0 i 223 20 EXPENSES 612 897 693 044 724 264 850 469 962 500 1 079 200 1 173 200 962 500 1 079 200 1 173 200 P/S 21 946 25 070 45 279 23 482 - - - 5 000 22 000 - Fed. Income Tax 20 443 10 109 55 844 11 726 - 17 500 28 200 7 700 655 286 728 223 825 387 885 677 962 500 1 079 200 1 173 200 985 000 1 129 400 1 180 9GU l hcT 4 0 2 2 7 560 12 800 90) 144) no 4.9^1 Net of % of gross cable income 5.2% 7.4% 11.1% 7.6% 1.4% (8.5%) (15.6%) 5.4% 5.7% 3.7% Net as % of total income 5.0 6.9 10.1 7.1 1.3 (7.9) (14.5) 5.2 5.4 3.5 Net as % of average capital 7.3 10.5 15,8 10.2 1.8 (11.9) (26.9) 7.4 8.3 5.1 $ return per subscriber 2.89 4:21 6.70 4.57 .82 (4.90) (8.96) 3.4.4 4.01 2.58 Cash flow from operations 114 907 147 231 198 100 172 488 130 800 48 700 (10 700) 171 700 192 900 180 800 Increase in fixed assets 136 542 160 348 106 829 192 402 231 000 246 000 246 000 231 000 246 000 231 000 Capital 5/1 457 821 492 850 538 839 631 198 4/30 492 850 538 839 631 198 694 190 Total 950 671 1 031 689 Average §k2 6 Subscribers 5/1 11 504 12 425 13 241 14 343 15 201 16 000 16 400 4/30 12 425 13 241 14 343 15 201 16 001 16 400 16 800 Total Average 2 15 601 16 200 16 600 15 600 26 200 16 600 1. g 1 8 5� [ I'S I CERACCHE TELEVISION CORPORATION ° UNAUDITED tOMPARATIVE STATEMENT OF INCOME & EXPENSES YtARS ENDED April 30, 1971 and 1974 1970-71 1973-74 INCOME Monthly cable fees 597, 603 823,507 Cable install. & transfer fees 64 ,454 71, 064 Advertising 4 ,973 34 ,328 All other 22,862 24 ,338 689,982 953, 237 EXPENSES Salaries and wages 204 ,109 259 , 884 Depreciation 80,059 108, 060 Bad debts 20,187 23 ,272 Cable maintenance contracted 1,589 30,010 Maintenance parts and supplies 49, 215 77,701 Computer charges , office supplies 25,726 35, 673 FCC fee 1,4. 89 NYS Cable Commission 12,070 General Insurance 4,959 4 ,290 Interest 23,558 25,357 Legal and accounting 11,017 27, 351 Microwave service 20,760 23 ,640 Payroll taxes and insurance 230,136 33 ,171 Pole rental 30,652 36,637 Building rental 31,445 31,762 Weather channel expenses 6,311 6, 064 Taxes- real estate, franchises, etc 33, 845 55,700 Telephone 4,526 9,831 Studio supplies and expenses 6,289 9,853 Travel 2,637 6,531 Truck expense 14,039 16,499 Utilities 8,892 10 ,098 Employees ' profit-sharing plan 21,946 23 ,482 Federal income taxes 20,443 11,726 All other 8, 457 7 , 015 655,286 885, 677 NET INCOME - 34, 696 67, 560 APPENDIX E �� J.S. Corporation En oQ -e r iix .loi:16 ea +e Form For taxa le year beginning "a y..... ..�........... 1974 Department of the Treasury and endingA ri 1 30 Internal Revenue Service ---- - 1975. •�- - � (PLEASE •-p---SE TYPE OR PRINT) _ (Rev. 4-75) Check It a— Nr q D Employer Identification numbs A Consolidated return ® [R �Ob ���VISIOIVPCOt� ' 1975 °16 M i B Personal Holding Co. E] Nt9 H S T A T E ST E County in which located i Y�NACA 14Y 14850i C Business Code No. (See Tompkins j page 7 of instructions) — _ li Y Ci _ - f F Enter total assets from—an-9 8599 14, column (D), Schedule L (See instruction R) i IMPORTANT—Fill in all applicable lines and schedules. If the lines on the schedules are not sufficient,see instruction N. $ 1 916 506 1 Gross receipts or gross sales....................................Less: Returns and allowances.................................... 1 2 Less: Cost of goods sold (Schedule A) and/or operations (attach schedule) . . . . . . 2 Lv 3 Gross profit . . .. . . . . . . . . . . . . . . . . . . 3 ---------------------- r M 4 Dividends (Schedule C) _. . . . . . . . . . . . . . . 4 V 5 Interest on obligations of the United States and U.S. instrumentalities ._ : 5 6 Other interest---' . - _. :" . . . . . . . . . . 6 N7 Gross rents . . . . . . _. . . . . . . . . . . 7 U) 8 Gross royatties . . . . . . , . . . . . . . . . . • • 8 .---------------------- . . . . . j 9 (a) Net capital gains (attach separate Schedule D) . 9(a) t9 •----------------------- (b) Ordinary gain or(loss)from Part ll, Form 4797 (attach Form 4797) . . . . . . . . 9(b) 10 Other income (see instructions—attach schedule) . . . . . . 10 11 TOTAL income—Add lines 3 through 10 . 11 12 Compensation of officers (Schedule E) . . . . . . . . . . . . . . . . . 12 ------------------------ 13 Salaries and wages (not deducted elsewhere) . . . . . . . . . . . . . . . . 13 ------------------------ 14 Repairs (see instructions) _. _ . . . . . . . . . . . . . 14 ------------------------ •15 Bad debts(Schedule f it reserve method is used) . . . . . . . . . 15 ` ------------------------ 16 Rents . . . . . . . . . . . . . . . . . . . . . . . . . 16 ------------------------ 17 Taxes (attach schedule_) . _0 . . . . ._ . . . . . . . . . . . . 17 18 Interest . 18 tn 19 Contributions_(not over 5% of line 30 adjusted per instructions attach schedule) . . , 19 ........................ Z 20 Amortization (attach schedule) 20 21 Depreciation (Schedule G) 21 ------------^-- -- r 22 Depletion . . . . . . . . . . . . . . . . . . . 22 - --------------------• Z - - G23 Advertising. 23W . . . . . . . . . . . . . . ------------------------ 24 -------------------_- - profit-sharing, plans instructions) . 2525 Employee benefit programs (see instructions) . . . . . . . ' . . . . , . i 27 Other deductions TOTAL deductions—Add slines 12 through 26 . . . . . . . . . . . . . . 27 - 28 Taxable income before net operating loss deduction and special deductions (line 11 less line 27) . . . . . 28 29 Less: (a) Net operating loss deduction (see instructions—attach schedule) 129(a) t (b) Special deductions (Schedule 1) . 29(b) ` 30 Taxable income (line 28 less line 29) SctleMe. 1, 30 31 TOTAL TAX (Attach Form 1120—FY 1974-75 (Rev. 4-75)) . . . . . . . 31 0 32 Credits: (a) Overpayment from 1973 allowed as a credit . . -----------1-2.-000 k (b) 1974 estimated tax payments . . . . . . . . tt ------------------------ (e) Less refund of 1974 estimated tax applied for on Form 4466 . ( ) _______12 000 V (d) Tax deposited with Form 7004-(attach copy) . . . . . . I , (e) Tax deposited with Form 7005 (attach copy) Q __ ____________________ (f) Credit from regulated investment companies (attach Fo (g) U.S.tax on special fuels, nonhighway gas a t �ed (aJ1 ) 12 00033 TAX DUE (line 31 less line 32yri i `iGpot agdytpaymen 3334 OVERPAYMENT (lin Ili \�a) .mss TS 34 12 000 ' i ' 35 Enter amount of line y^ win . C fy i 975 es ak V- 000 •efunded � 35 11 000 r rh, Under penalties of perjury, I decla F. p ."i 3Tr;turn; tjud g a^.fir,(sched n statements, and to the b st of my knowledge and belief it Is true, correct, and 15 tete.QOecl•+ra ono repare {Cazpayarj• d<0 1 s-A;�rtrn which tie has an knowledge. The Internal Revenue " 1� ee4`�IFsyJ CC Service does -•-- '�not re- .GL`_ '' r -----•-- --• - := - ----------------- quire • seal on this D•Is of officer •------ Tills form, but if one is MAXFIELD, RANDOLPH iR CARPENTER. CPAS used, please place it AUG 2 2 975 here. ------ — ---- ------ ------­--- --- Date Signature of individual or firm preparing the raturh Preparers addreu Emp. Ident. or Soc. See. No. 1 503 FIRST NAT. BANK BLDG. 1THACA. N. Y. 1481n 15,-0620549 Form 1120 (1974) (Rev. 4-75) Page s. Cost of Goods Sold (See instruction 2) Dividends (See instruction 4) 1 Inventory at beginning of year . . . ----------------------- 1 Domestic corporations subject to 85% deduction_ ________________________ 2 Merchandise bought for manufacture or 2 Certain preferred stock of public utilities _ _ _ _______________________- sale_ _ _ _ _ _ _ _ _ _ _ _ _______________________ 3 Foreign corporations subject to 85% deduction 3 Salaries and wages . . . . . ----------------------- 4 Dividends from wholly-owned foreign subsidiaries 4 Other costs (attach schedule) . . . subject to 100% deduction (section 245(b)) . . ----.------------------_ 5 Other dividends from foreign corporations - - ------------------------ 5 Total . . . . . . . . . . . ....................... 6 Includable income from controlled foreign corpora- 6 Less: Inventory at end of year . . . tions under subpart F(attach Forms 3646) . . ------------------------ 7 Cost of goods sold—Enter on line 2, 7 Foreign dividend gross-up (section 78) - - - ------------------------ page 1 8 Qualifying dividends received from affiliated groups and subject to the 100% deduction (section 243 Method of inventory valuation--------------------------------------- (a)(3)). . . . . . . . . . . - ------------------------ _________________________________________________________________________________ 9 Qualifying dividends received from affiliated groups --------------------------------------------------------------------------------- and subject to the provisions of section 1564(b) . ---------------------___ Was there any substantial change in the man- 10 Taxable dividends from a DISC or former DISC not ner of determining quantities, costs, or valua• included in line 1 (section 246(d)). . . . . ----------------------- tions between opening and closing inventory? [:)Yes ❑No 11 Other dividends . . . . . . . . . If"Yes,"attach an explanation. 12 Total—Enter here and on line 4, page 1 Compensation of Officers (See instruction 12) 4. Time Percent of corporation 7. Amount of 8. Expense account 1. Name of officer 2. Social security number 3. Title devoted to stock owned compensation allowances business 5.Common 6. Preferred Anthony_ Ceracche_________________ __085__12__7262 Pres_, full 98_____ ______________ 39 093__ -----4_-082----- C. T. Macera 060 24 9319 Sec/tre : full 12 025 ----------- - - -- ---------------------------------------------------- -------------------------- ------ ----------- ------------------- -------------------- •------------------------------------------------ --------------------------- --------------- ----------- --- ------ ----------- ------------------ -------------------- Total compensation of officers—Enter here and on line 12, age 1 51 118 I Bad Debts—Reserve Method (See instruction 15) Amount added to reserve 1. Year 2• Trade notes and accounts re- 3. Sales on account 4. Current year's 6. Amount charged 7. Reserve for bad debts ceivable outstanding at and of year provision 5. Recoveries against reserve at end of year 1969 ------- --------- ----------------------- ---------------------- • ----------------------- -------------------------- 1970 -------------------------------• --------------------------- ------------------------•---------=------------ ----------------------• -------------------------- 1971 ---------------=---------------- -----------------•----------- ----------------------- - --------------------------------------------- -------------------------- 1972 -------------------------------- ----------------------------- 1973 ---------------------------- •---------------------------- -- 1974 ----_ _--- IQAit I-1a�(� Depreciation (See instructions for Schedule G) Note: If depreciation is computed by using the Class Life (ADR) System or the Guideline Class Life System, you must file Form 4832 (Class Life (ADR) System) or Form 5006 (Guideline Class Life System) with your return. Check j box(es) if you made an election this taxable year to use 0 Class life (ADR) System and/or ❑ Guideline Class Life System. See Publication 534. 9 4. Depreciation 5. Method of 1. Group and guideline clan I 2. Date ( 3. Cost or ( ( 16. Life or I 1. Depreciation for allowed or allowable computing or description of property acpuired other basis in prior years depreciation rate this year 1 Total additional first-year depreciation (do not include in items below) > 2 000 2 Depreciation from Form 4832 . . . . . ._.._.. / - - ------ ---- --- �//------_, %%%%/moi_. ------------------------ 3 Ccpreciatinn from Form 5006 . ' -------------------- �������� ����� � ------------------------ i 4 Other depreciation: _ Buildings . . . . . --- - - - ---------- ---- ----------- ------------------------ - - -•- . Furniture and fixtures . .___Schedule_ 5 -- -------------- Transportation equipment - - - - --------------------- ---------- Machinery and other equipment - - --------------------- --------------------- -- Other (specify) -------------------------- -----f------------- -------------------- --------------------- - ---- ----------- •----------------------- ---------• --------------------- --------------------------------------- -- -----------------------------* ------------------------ ------------------------------ - - - - ----- --------------------- --------------------- --------------------- ------------------• ----------- ------------------------ -- ------------- - -- ----------------------------------------------------- 5 Totals 2 081 566 6 Less: Amount of depreciation claimed in Schedule A . . . . . . . . . . . . . . . . 7 Balance Enter here and on line 21, page 1 159 188 Form 1120 (1974) (Rev. 4-75) Page 3 r- Special Deductions 1 (a) 85% of line 1, Schedule C . . . . . . . . . . . . . . . . . (b) 60.208% of line 2, Schedule C . . . . . . . . . . . . (c) 85%of line 3,Schedule C . (d) 100% of line 4, Schedule C . . . . . . . . . . . . . . . . . 2 Total—See instructions for limitation . . . . . . . . . . . . . . 3 100% of line 8, Schedule C 4 Enter dividends-received deduction allowed for dividends reported on line 9,Schedule C.See section 1564(b)for computation ------------------------------ 5 Dividends paid on certain preferred stock of public utilities (see instructions) . . . . . . . . ____............._........... 6 Western Hemisphere trade corporations (see instructions) . . . . . . . . . . . . . . 7 Total special deductions—Add lines 2 through 6. Enter here and on line 29(b), page 1 Tax Computation (Use Form 1120—FY 1974-75 (Rev. 4-75) in order to compute your tax) Y•tt[�;I,fr f" Record of Form 503 Federal Tax Deposits (List deposits in order of date made—See instruction G) Serial number Data of Amount Serial number Date of Amount Serial number Dsts of Amount of Form 503 deposit of Form 503 deposit of Form 503 deposit 2/_2_/_5_4 Yes No M Refer to principal: Yes No G Date incorporated ------- — page 7 of instructions and state the —— H (1) Did you at the end of the taxable year own, directly or in- Business activity__ Comm.Ant.TV System directly, 50% or more of the voting stock of a domestic y corporation? (For rules of attribution, see section 267(c).) ,X— Product or service____TV signal ----------------------------- — If"Yes,"attach a schedule showing:See Form 851 Im, N Were you a member of a controlled group subject to the provi- (a) name, address, and identifying number; (b) percentage owned; and j sions of: (1) Section 1561? . . . . . . . . . . . .(c) taxable income or loss) from line 30, page 1, Form 1120 of such corporation for the taxable year ending with or j (2) Section 1562? within your taxable year. j j If answer to (1) or (2) is "Yes," check the type of relationship: (2) Did any individual, partnership, corporation, estate or trust / (a) parent-subsidiary ❑ (b) brother-sister K]at the end of the taxable year own, directly or indirectly, 50% or more of your voting stock? (For rules of attribution, ON (c) combination of (a) and (b) ❑ (See section 1563.) see section 267(c).) . . . . . . . . . X If answer to (2) is "Yes," are you excluded from paying the If "Yes:" Schedule 7 % o (a) Attach a schedule showing name, address, and identifying ,/ 6% additional tax because section 1562(b)(1)(A) applies. . number. �� 0 Did the corporation, at any time during the taxable year, have b) Enter percentage owned ►.__________________________________ j j any interest in or signature or other authority over a bank, (c) Was the ownerofsuch voting stock a person other than a — / securities, or other financial account in a foreign country? . X U.S. person? . . . . . . . . . . . . . . . If "Yes," attach Form 4683. (For definitions, see Form 4683.) If "Yes," enter owner's country ►.__________________________% P Were you a U.S.shareholder of any controlled foreign corporation? (See instruction T.) _ (See sections 951 and 957.) . . . . . . . . . . . . X Did you exclude income under section 931? . . . . X if "Yes," attach Form 3646 for each such corporation. Form 1120 (1974) (Rev. 4-75) Pah Balance Sheets Beginning of taxable year End of taxable year ASSETS (A) Amount (B) Total (C) Amount (D) Total 1 Cash . . . . . . . . . . . -------------------------- �11=110/1� -------------•- 2 Trade notes and accounts receivable . . . . --------------------------9009H= -_--_______-_-._____-__--_ (a) Less allowance for bad debts . . . 3 Inventories . . . . . . . . . i%� --------------------------% ///%/%//'% -------------------------- 3 -- - // --..._.. - %/// �/ ------------------------ 4 Gov't obligations: (a) U.S.and instrumentalities. j%/j/�// /�/ 4 State, subdivisions thereof, etc. j ------------------------- (b) ------------------------- __________•________ _ 5 Other current assets(attach schedule) �/ -------------------------- ��� / _________________________- 6 Loans to stockholders . . . . . . . . 7 Mortgage and real estate loans / // i 8 Other investments (attach schedule) . . . . /� ___________________________ //� ---------------_-_________ 9 Buildings and other fixed depreciable assets _ _ __________________________ gamma����� -----------______________• (a) Less accumulated depreciation . . . j - - - -- --- 10 Depletable assets -------------------------����������� _ I / � V (a) Less accumulated depletion . . . . 11 Land(net of any amortization) . . . . . ------------------------- -------------------------- 12 Intangible assets (amortizable only) . . . . -------------------------- �/�jjjjj/=____ (a) Less accumulated amortization . . . -------------------------- -- - _ 13 Other assets(attach schedule) . . . . 14 Total assets 1 674 365 %% /d /; 1 916 5 LIABILITIES AND STOCKHOLDERS' EQUITY 15 Accounts payable -------------------------- 16 Mtges., notes, bonds payable in less than 1 yr. / / / -_________________________ 17 Other current liabilities (attach schedule) j __________________________ / __________________________ 18 Loans from stockholders // //j -------------------- ------------------------- i 19 Mtges.,notes, bonds payable in 1 yr.or more _________________________ / / ._ ____________________ 20 Other liabilities (attach schedule) . . . . . /j / 21 Capital stock: (a) Preferred stock . . .------------------------ ������������/: ------------------------- 11111�1��1 i (b) Common stock. . _ _________________________ 22 Paid-in or capital surplus . . . . . .. ----- _- ---- /�/ / ( / -------------------------- --------------------------// 23 Retained earnings—Appropriated attach sch.) j / - � -_________________________ 24 Retained earnings—Unappropriated . / / / / / ------------------------- 25 __ -25 Less cost of treasury stock . . . . . . / ) / ,�/ ) I 26 Total liabilities stockholders' equity 1 674 365 ,5,iGtt , _ 1 916 506 i . ity� III=� i!�k7k Reconciliation of Income Per Books With Income Per Return Schedule 10 1 Net income per books . . . . . . . .__________________________- 7 Income recorded on books this year not in- 2 Federal income tax . ---------------------------- cluded in this return (itemize) Ili 3 Excess of capital losses over capital gains - - (a) Tax-exempt interest $ .................. 4 Taxable income not recorded on books this year ___________________________________________________ (itemize)------------ ---------------------------------------------------- -------------------------• I --------------------------------------------------- --------------------------- 8 Deductions in this tax return not charged j 5 Expenses recorded on books this year not de- against book income this year (itemize) ducted in this return (itemize) (a) Depreciation $_________________ (a) Depreciation $----------------------- (b) Depletion $------------------- i (b) Depletion. . . $----------------------- ---------------------------------------------------- f --------------------------------------------------- ---------------------------------------------------- 9 ------------------------------------:-- --------- 9 Total of lines 7 and 8 --------------------------------------------------- 6 Total of lines 1 through 5 10 Income (line 28, page 1)—line 6 less 9 52 780 Analysis of Unappropriated Retained Earnings Per Books (line 24 above) Schedule 10 ', 1 Balance at beginning of year e_ --------------------------- 5 Distributions: (a) Cash . . . . . . _________-_-______________ 2 Net income per books . . . . . . . (b) Stock . 3 Other increases(itemize)------------------------- (c) Property . . •--------------------------------------------------- 6 Other decreases (itemize)----------------------- ---------------------------------------------------- ; --------------------------------- - 7 Total of lines 5 and 6. . . . . 4 Total of lines 1,2,and 3 8 Balance at end of year(line 4 less 7) 650 081 Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 Index to Schedules Schedule r Number Reference Description 1 Page 1 Gross income and deductions 2 Page 1, Line 1 Gross receipts 3 Page 1, Line 10 Other income r 4 Page 1, Line 17 Taxes Line 19 Contributions 5 Page 1, Line 21 Depreciation ! 6 Page 1, Line 26 Other deductions 7 Page 3, Question H(2) 8 Page 4, Schedule L Balance sheet - beginning of year 9 Page 4, Schedule L .Balance sheet - end of year 10 Page 4, Schedule M-1 Reconciliation of income Schedule M-2 Analysis of retained earnings Form 851 Affiliations schedule Form 1120-FY Tax Computation Schedule Form 3468-FY Investment credit Form 7004 Automatic Extension of Time to File Apportionment of surtax exemption Apportionment of accumulated earnings credit I' r i f ti r r t. Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 Ceracche Ceracche Westview Page 1 Television & Co. , Heights Line # Corporation Inc. Inc, Total Eliminations Consolidated 1 Gross receipts (schedule 2) $1 033 654 $ 17 150 $ - $1 050 804 $ 8 400 $1 042 404 3 Gross profit 1 033 654 17 150 - 1 050 804 8 400 1 042 404 6 Other interest 5 285 - - 5 285 3 013 2 272 7 Gross rents 9 172 107 635 - 116 807 39 615 77 192 10 Other income (schedule 3) 28 923 - - 28 923 360 28 563 ,t Total income 1 077 034 124 785 - 1 201 819 51 388 1 150 431 12 Compensation of officers 51 118 - - 51 118 - 51 118 13 Salaries and wages 249 511 - - 249 511 - 249 511 15 Bad Debts 71 646 - - 71 646 - 71 646 16 Rent 78 359 1 300 - 79 659 39 615 40 044 17 Taxes (schedule 4) 83 074 23 137 1 372 107 583 107 583 18 Interest 34 149 38 651 2 822 75 622 3 013 72 609 19 Contributions (schedule 4) 2 050 - - 2 050 - 2 050 21 Depreciation (schedule 5) 135 574 23 614 - 159 188 - 159 188 23 Advertising 2 919 - - 2 919 - 2 919 26 Other deductions (schedule 6) 307 926 41 817 - 349 743 8 760 340 983 Total deductions 1 016 326 128 519 4 194 1 149 039 51 388 1 097 651 28 Taxable income before net operating loss deduction 60 708 (3 734) (4 194) 52 780 - 52 780 30 Taxable income $ 60 708 S (3 734) S (4 194) S 52 780 S - S 52 780 Schedule 1 Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 Ceracche Ceracche Television & Co, , Page 1, Line 1, Gross Receipts Corporation Inc. Total Eliminations Consolidated Cable installations and transfers $ 70 079 $ - $ 70 079 $ $ 70 079 873188 - 873 188 - 873 188 Monthly cable fees . Net sales of amplifiers and materials 1 135 - 1 135 - 1 135 t . Microwave service fees - 17 150 17 150 8 400 8 750 HBO Fees - net 46 627 - 46 627 - 46 627 , . Advertising 42 625 - 42 625 - 42 625 _Sl 033 654 $ 17 150 ,$1 050 804 $ 8 400 $1042 404 .i f Schedule 2 ' Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 i Ceracche Television Page 1, Line 10, Other Income Corporation Eliminations Consolidated Refund - FCC fees $ 9 455 $ - $ 9 455 Management fees 15 833 - 15 833 Miscellaneous 3 635 360 3 275 1--23—a 22 ,S 360 S 28 563 i i • I { i f i ! Schedule 3 r Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 Ceracche Ceracche Westview Television & Co. , Heights Pagel, Line 17, Taxes Corporation Inc. Inc. Total Employment $ 24 202 $ - $ - $ 24 202 Real estate and special franchise 38 710 20 948 1 232 60 890 N.Y. State franchise 7 727 1 048 140 8 915 N.Y. State sales and use 12 435 1 141 - 13 576 $ 83 074 $ 23 137 S 1 372 S 107 583 Page 1, Line 19, Contributions Tompkins Co. United Fund $ 2 000 $ - $ - $ 2 000 Miscellaneous 50 - 50 2 050 A t 1 1 i t f t i Schedule 4 i r I 1 } i' i% F Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 . Page 1, Line 21, Depreciation Method Ceracche Television Corporation Cost Prior Life This Year F Additional First Year Depreciation $ 2 000 Buildings $ 3 459 $ 1 088 SL 25 138 Furniture & fixtures 60 318 46 625 SL 10 3 120 Transportation equipment 85 356 40 449 SL 3-8 9 481 Machinery & equipment 20 309 10 461 SL 10 1 553 Electronic equipment 7 524 1 840 SL 6 1 262 Electronic equipment 62 423 24 271 SL 10 4 899 Electronic equipment 68 805 4 347 SL 5 11 227 Poles 15 334 10 601 SL 20 767 Towers & antennas 3 412 2 875 SL 10 73 Cable system 291 524 232 908 SL 10 19 187 Cable system 672 812 220 087 DDB 10 76 947 Studio equipment 30 952 5 027 SL 8 3 222 TV rental equipment 15 131 - DB 7 1 876 1 337 359 135 752 f Ceracche & Co. , Inc. Buildings 23 786 - SL 15 1 586 Buildings 199 403 101 166 SL 25 7 976 Buildings 24 301 2 715 SL 30 810 4 Buildings 396 424 28 668 SL 45 7 623 Furniture & fixtures 60 497 6 625 SL 10 3 580 Electronic equipment 20 649 20 436 SL 10 28 Towers & antennas 6 341 4 142 SL 20 181 Parking lots 12 806 5 731 SL 7 1 830 ° 744 207 23 614 82 081 566 159 366 Less: Amount deducted elsewhere on return 178 $ 159 188 f i t 1 Schedule 5 I i i i • i i Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 Ceracche Ceracche Television & Col , Page 1, Line 26, Other Deductions Corporation Inc. Total Eliminations Consolidated Shop supplies and expense $. 27 101 $ - $ 27 101 $ - $ 27 101 ' Cable ma.intenance contracted 11 672 - 11 672 - 11 672 Maintenance materials and supplies 32 182 - 32 182 - 32 182 Computer and data processing charges 17 115 - 17 115 - 17 115 Dues and subscriptions 3 533 - 3 533 - 3 533 Insurance 33 248 8 335 41 583 - 41 583 Legal and accounting 36 662 401 37 063 - 37 063 Microwave service 26 280 - 26 280• 8 400 17 880 Office supplies and postage 31 644 582 32 226 360 31 866 Telephone 10 774 - 10 774 - 10 774 Travel 5 329 - 5 329 - 5 329 Truck expense 21 650 - 21 650 - 21 650 Utilities 10 902 12 802 23 704 - 23 704 Profit-sharing plan expenses 2 797 - 2 797 - 2 797 Associated press, etc, charges 10 577 - 10 577 - 10 577 Janitorial supplies 947 - 947 - 947 Studio supplies 3 949 - 3 949 - 3 949 Janitorial service - 4 152 4 152 - 4 152 Maintenance and repairs - buildings - 10 009 , 10 009 - 10 009 Maintenance and repairs - microwave and equipment 4 602 2 400 7 002 " - 7 002 Management fee - 1 733 1 733 - 1 733 Mortgage expense - 1 403 1 403 - 1 403 NYS Cable Comm, assessment 6 510 - 6 510 - 6 510 Miscellaneous _ 3 612 - 3 612 - 3 612 ?00 expenses 5 124 - 124 - 5 124 TV rental expense 1 716 - 1 716 - 1 716 S 307 926 8 41 817 S 349 743 8 760 S 340 983 Schedule 6 1 ♦ o ttt Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 i i Page 3, Question H(2) (a) Anthony Ceracche Ithaca, New York 085-12-7262 (b) Directly 98/♦, indirectly 2/, i i } R i 3 • j d 3 i t Schedule 7 a A d C ; r=> ACCOUNT • 450-031179 B8 'SERIAL 0 156429 ACCOUNT f 450m814874 88 SERIAL 0 156411 1 EnA TELE VISION CORPORATION PLEASE CHECK THIS STATEMENT. TELE VISION CORPORATION PLEASE CHECK THIS STAT.M I ,' CERACCHE519 CERACCHE EST STATE ST. ITHACA, N.Y. 14850 IF AN ERROR IS FOUND TELEPHONE: 519 WEST STATE ST. ITHACA, N.Y. 14850 IF AN ERROR 1$ FOUND T_LE ITHACA 272-3456 ITHACA 272.34;6' iPROVIDING TV CABLE SERVICE SINCE 1952 CANDOR 659-7980 CANDOR 659.79M GROTON 898.3468 PROVIDING TV CABLE SERVICE SINCE 1952 GROTON 898.3418 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT J 06.30 BALANCE FORWARD -75#90 DUE TO A PREVIOUS RATE 06.30 BALANCE FORWARD 61 .26 UNLESS PAYMENT IN FULL IS 09.01 SERVICE THRU 11m01 12.00 INCREASE] AN ADDITIONAL 0901 SERVICE THRU 1101 12.00 RECEIVED] YOUR CABLE /� ADDITIONAL YEARLY DUE 2. 10 AMOUNT IS DUE TO FULFILL. 09-01 SALES TAX 1101 #84 SERVICE IS SUBJECT TO A YOUR YEARLY CONTRACT. TERKINATION IN 5 DAYS• PLEASE REMIT THIS AMOUNT* A 85435 CHARGE IS MADE TC V RESTORE SERVICE AFTER A PAST DUE ACCOUNT IS PAIRA C I . PAY ELEVEN MONTHS AND GET THE TWELFTH AMOUNT •00 REGULAR CABLEPAY ELEVEN MONTHS AND GET THE TWELFTH AMOUNT 74. 10 HOME BOX OFFIl.,E MONTH FREE! TO RECEIVE THIS DISCOUNT YOUR DUE DUE • • , MONTH FREE! TO RECEIVE THIS DISCOUNT YOUR , PAYr',ENT MUST BE RECEIVED BY: YEARLY '' ''' PAYMENT MUST BE RECEIVED BY: 09.10 YEARLY 131 .88 7% SALES TAX INCLUDED - ' ' '1 , , , '! CERACCHE 519 W. STATE ST. CERACCHE 519 W. STATE ST.ACCOUNT # DATE DUE CIRCLEONE TELEVISION CORP. ITHACA, N.Y. 14850 TELEVISION CORP. ITHACA, N.Y. 14850 ACCOUNT # DATE DUE CIRCLE 7t 450m031179 09-10 450'814874 09-610 AMOUNT -NOW DUE •00 AMOUNT NOW DUE 749:0 YEARLY AMOUNT 13103E REGULAR CABLE HOME BOX OFFICE WHITFORD REYNOLDS 88 PAY: CERWHITFORD REYNOLDS s8 PAY: CERACCHE 916 Es SHORE OR• BY MAIL P OABOX 51CCHE 9EVISION CORP. 916 EAST SHORE DR• BY MAIL P.O. BOX SiE9EVISION CORP. ITHACA NEW YORK 14850 ITHACA, N.Y. 14850 ITHACA NEW YORK 14850 ITHACA, N.Y. 14850 IN PERSON TOMPKINS COUNTY TRUST COMPANY IN PERSON TOMPKINS COUNTY TRUST COMP ALL OFFICES, ANY TELLER'S WINDOW ALL OFFICES, ANY TELLER'S WIN T 29011' 1:0 2 131,10 2 6 41: 0 2 10 11,100 2 54811' 11• L 564 30811' 1:0 2 L 31110 2 6 41: 02 LO L11100 2 54811' Cer._icciio ;e7 evision Corporation and Subs idiariee 15-0564299 Consolidated Form 1120 April 30, ' 1975 page 4, Schedule L - Balance Sheet (Beginning of Year) Line fit 1 Cash 2 Notes and accounts receivable 5 Other current assets 8 Other investments 9 Fixed depreciable assets (a) Less : accumulated depreciation 11 Land ' 13 Other assets 14 Total assets 15 Accounts payable j 16 Mortgages, notes less than 1 year 17 Other current liabilities 19 Mortgages, notes 1 year or more 21 Capital stock: (a) Preferred (b) Common 22 Paid-in surplus 24 Retninrd onrwhigii 26 Total LiabiliL•ius and Stockholderu' 'lsquity, Line 5, Other currentassets Materials and supplies inventories Prepaid insurance, taxes Line 8, Other Investments Common stock - Ceracche & Co. , Inc. Common stock - Weatviow llo'iEhta, Inc. Line 13, Other assets Deferred mortgage expenses Line 1.7, Other current linhi l i.tieg Advance payments from cusL'omors NYS franchise tax Sales tax, interest, etc. Payroll Payroll taxes Profit-sharing plan contribution Schedule, 8 Ceracche Ceracche Westview Television & Co. . Heights, Corporation Inc. Inc. Total Eliminations Consolidated $ (2 055) $ 2 898 -� 843 303 047 313 303 360 116 500 186 860 211 003 1 805 - 212 808 - 212 808 254 643 - - 254 643 254 643 - 1 365 209 677 543 - 2 042 752 - 2 042 752 (824 556) (169483) - (994 039) - (994 039) - 131 885 91 767 223 652 - 223 652 1 489 - 1 4.39 - 1 489- $1 307 291 S 64� 2 045 508_ 371 14 11. 671i 6S 122 257 104 108 39 833 266 198 109 149 157 049 93 389 6 915 5.000 105 304 - 105 304 164 598 898 7 488 172 984 7 351 165 633 232 858 330 200 28 500 591 558 - 591 558 17 900 4 000 - 21 900 - 21 900 18 000 226 506 35 187 279 693 254 643 25 050 500 - - 500 - 500 007 371 007 371. ' ,.�.1�1.-.--zU) iti �, �%iii < <)I%(�% �ti�_Z Q/ i i(1 tip` -1%1 vil 1 o-71�J )q 162 737 $ - $ - $ 162 737 $ - $ 162 737 4_8 266 1 805 50 071 50 07i 42_12 809 ;• 21.9 456 $ - $ - $ 219 456 $ 219 456 $ - 'Vi 187 35 187 35 187 - fi .. S. 1�4g9 • � fi 1 �i89 S - rfi_1 4s;� $ 125 603 $ - $ - $ 125 603 $ - $ 125 603 898 • 137 1 035 - 1 035 2 024 - 7 351 9 375 7 351 2 024 5 569 - - 5 569 - 5 569 10 03610 036 - - 10 G36 21 366 21. 366 21 ?c6 .L�•7 C�/�� .';' ��; ,ti 7 !� � __L12 q�� � ��,1 65 633 Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 Aprf1 30, 1975 Page 4, Schedule L - Balance Sheet (End of Year) Line 1 Cash 2 Notes and accounts receivable 5 Other current assets 8 Other investments 9 Fixed depreciable assets (a) Less : accumulated depreciation 11 Land 13 Other assets 14 Total assets 15 Accounts payable 16 Mortgages, notes less than 1 year 17 Other current liabilities 19 Mortgages, notes 1 year or more 21 Capital stock: (a) Preferred (b) Common 22 - Paid-in surplus 24 Retained earnings - Unappropriated 26 Total Liabilities and Stockholders' Equity Line 5, Other current assets Materials and supplies inventories Prepaid insurance, taxes Line 8, Other Investments Common stock - Ceracche & Co. , Inc. Common stock - Westview Heights, Inc. Line 13, Other assets Deferred mortgage expenses Line 17, Other current liabilities Advance payments from customers NYS franchise tax Sales tax, interest, etc. Payroll Payroll taxes Customer security deposits Schedule 9 Ceracche Ceracche Westview Television & Co, , Heights, Corporation Inc, Inc, Total Eliminations Consolidated $ 77 149 $ 2 815 $ - $ 79 964 $ - $ 79 964 140 527 65 577 206 104 5 315 200 789 252 027 2 078 - 254 105 - 254 105 354 025 - - 354 025 354 025 - 1 561 897 744 207 - 2 306 104 - 2 306 104 (958 441) (193 097) - (1 151 538) - (1 151 538) - 131 885 c 91 767 223 652 223 652 3 430 - 3 430 - 3 430 $1 427 184 $ 756 895 91 767 $2 275 846 _ 5 40 $I 916 506 $ 173 428 $ 17 123 $ 5 315 $ 195 866 $ 5 315 $ 190 551 69 402 61 983 5 000 136 385 - 136 385 164 476 1 048 141 165 665 _ 165 665 315 837 387 037 23 500 726 374 - 726 374 17 900 4 000 - 21 900 - 21 900 18 000 288 685 72 390 379 075 354 025 25 050 500 - - 500 - 500 667 641 2 981) 14 579) 650 081 - 650081 $1 427 184 S 756 895 S 91 767 ,82 275 846 1---3-52 340 6 06 $ 235 031 $ - $ - $ 235. 031_ $ - $ 235 031 16 996 2 078 - 19 074 - 19 074 S 252 027 $ 2 078 S - $ 254 105 $ - S 254 105 $ 281 635 $ - $ - $ 281 635 $ 281 635 $ - 72 390 - - 72 390 72 390 - 354 025 - S - 354 025 S 354 02 S S - S 3 430 S - 3 430 S S 3 430 $ 137 379 $ - $ - $ 137 379 $ - $ 137 379 - 1 048 141 1 189 - 1 189 2 210 = - 2 210 - 2 210 5 261 - - 5 261 - 5 261 7 025 - - 7 025 - 7 025 12 601 - - 12 601 - 12 601 S 164 476 $ 1048 $ 141 S 165 665 $ - S 165 665 Ceracche Television Corporation and Subsidiaries 15-0564299 Consolidated Form 1120 April 30, 1975 Ceracche Ceracche Westview Television & Co. , ' Heights Page 4 - Schedule M-1 Corporation Inc. Inc. Total Line # 1 Net income per books $ 43 419 $ 1 470 $ (2 180) $ 42 709 2 Federal income tax 5 513 (5 204) (2 014) (1 705) 4 Advance payments from customers - net increase - in balance 11 776 - 11 776 6 Total 60 708 (3 734) (4 194) 52 780 10 Income S. 60 7QE S (4 194) S 52 78Q - i Page 4 - Schedule M-2 Line # ' 1 Balance at beginning of year $ 657 789 $ (26 177) $ (24 241) $ 607 371 2 Net income per books 43 419 1 470 (2 180) 42 709 3 Prior years' federal income tax benefits (33 568) 21 726 11 842 - Adjust, for rounding pennies 1 - - 1 4 Total 667 641 (2 981) (14 579) 650 081 8 Balance at end of year L152 641 S (2 981) $ (14 579) $ 650 081 4 u r - Schedule 10 i • r Form A.INiiI&-16-:.i;:s Schedule (Rev. Oct. 1971) (To be filed with each consolidated income tax return) Department of the Treasury Taxable Year Ended .........April 30 19 75 InternalRevenue Service .... ...................................................... .7...... Common parent corporation Employer Identification Number Ceracche Television Corporation 15_05_64299__ Address(Number,street,city,State,and ZIP code) 519 W. State St. , Ithaca, N.Y. 14850 Has the group made the election to adjust earnings and profits under section 1.1502-33(c)(4)(iii) of the Consolidated Return Regulations? . . . . . . . . . . . . . . . . . . . . . . . . . Q Yes p No PREPAYMENT CREDITS EMPLOYER --- ------ — N0. NAME AND ADDRESS OF CORPORATION IDENTIFICATION Portion of Portion of estimated NUMBER Forms 7004 and 7005 l tax credits tax deposits and deposits 1 Common parent corporation 12 _ 000 --------------------------....... Subsidiary corporation: i 2 Ceracche & Company, Inc. , Ithaca, N.Y. 16 0905556 - - ------------------ --------------------------------------------------------- Westview Heights_, Inc. Ithaca, N.Y. 16 0973436 i ------ -� -------------------------j -------------------------- --------------------------- 4 ------------------- ----4 -------------------------------------------------------------------------- ;- ------- - - ---- - - -- - - 5 ------------•-----------------------------------------------------•-------- ------------------------ -------------------------------------------------------- 6 ------------------------- ------------------------- 6 ----- - -- - -- -------------------------I ----------------•-------- ------------------------- --------------------------------------------------------------------------- --------------------------------------------------- - ------------------------- 8 ----------------------------------------------------------- -- - - - ---------------------------------- -------------------------- 9 ----------------------------------------------•--------------------------- -►----------------------------!------------------------=- --------------------------- 10 Totals(Must equal amounts shown on Form 1120) 12 000 Did the subsidiary CAPITAL STOCK OUT. STOCK HOLDINGS AT BEGINNING OF YEAR make distributions of STANDING AT BEGIN. -- --— — ! NING OF YEAR Voting Nonvoting the type described in H H { N0.' PRINCIPAL BUSINESS ACTIVITY Question ,Form 11201 — — ----P—e,,—,n — ---I Owned by lk Q Q Number of shares t corporation — ——-- Number of� I Number of Percent voting number— Yes No Voting I Nonvoting shares 'I—Dower _ shares I i �.- -- i ;----------- 2 /i%% 1 -•--•-•------------- --- ---------------------------- --------- %///�%/ ---------- I -'."%/�%%//;%/----------///'�--- -- �� - I Common parent corporation %//%/ / % ��//��,, Subsidiary corporation: i Real estate X 1188 1000 84 1 j 3 Real estate X 100 100 100 1 } -- - - -- - - - ------------------------•----------------- --- ------ --- -- ----------- ---- - - 4 ------------------------- - --------------------- -------- ------ -------- -------- --------- -------- -------- -------- ----------- 5 -----------------------------------•- ---•- ----- --------- 6 --------------------------------------•------------ ------ ------- -------- ------- ------- ------- -------- -•------ ------ 7 -------------------------------------------•---- ------ ------- ------- ------- -- --- ------- -------- ------ --------- y 8 ----------------------------------------------------- ------ ------- ------- -------- ------- •------ ------- -------- --------- 9 ----------------------------------------------------- - - - - ---.. 10 Nonvoting stock which is limited and preferred as to dividends should not be shown, but information relative to the nature of the limitation and preference as to dividends should be furnished on back under "Remarks" regarding all classes of nonvoting stock not shown. If more than one class of nonvoting stock is outstanding, the number of shares of each class should be shown. List all corpora—ons which at any time during the taxable year were members of the affiliated group. If any corporation was not in existence at the beginning of the year, show the stock outstanding at date issued. I CHANGES IN STOCK HOLDINGS DURING THE YEAR CORPORATION CHANGES IN STOCK HOLDINGS DURING THE YEAR Changes Shares held at end of year -- --- STOCK- Shares acquired Shares disposed of Voting Nonvoting HOLDER Date (Corpora' No.* Name tion No.)• Percent Percent of Voting Nonvoting Voting Nonvoting voting shares power 2 Ceracche & Co. , Inc. 1 0/1/7 340 - - - 88 - ------ ----------------------------------------------------------------------------- ------ ----------- ----------------------- ----------• ---------- ---------- 3 Westview Heights, Inc. 1 0/1/7 SO - - - 100 ------ ------------------------------------------------------------------- ----------- ----------- ----------------------- ----------- ----------- ----------- ----------- -----------------------------------------------------------------------=-- ---------------------- ---------------------- ---------------------- ------ ----------- f } ------ ------------------------------------------------------------------------------ ----------- ---------- ----------- ----------------------- ----------- ---------- *The numbers used must agree with the corporation number on front, i In case additional stock was issued, or if any stock was retired during the year,dates and amounts of such transactions should be shown. } If the equitable owners of any capital stock shown above were other than the holders of record, full details must be given. Remarks: ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ f •------------------------------------------------------------------------------------- ---------------------------------•--------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- - --------------------------------------------------------------------------------------------------------------------------------------------------------------------- SIGNATURE Under penalties of perjury, I declare that the above information and statements have been examined by me and i are, to the best of my knowledge and belief, true, correct, and complete for the taxable year as stated. The Internal Revenue j Service does not require aseal on this form, but if one is used, please plats it here. s ....................... ----------------------.__------ i Date Signature of Officer Title t An affiliated group of corporations, within the meaning of section 1504 of the Internal Revenue Code, is formed at the time that the common parent corporation which is an includible corporation becomes the owner directly of stock possessing at least 80 percent of the voting power of all classes of stock and at least 80 percent of each class of the nonvoting stock (not including nonvoting stock which is limited and preferred as to dividends) o! another includible corporation. A corporation becomes a member of such an affiliated group at the time that one or more members of such group become the owners directly of stock possessing at least 80 percent of the voting power of all classes of its stock and at least 80 percent of each class of its nonvoting stock (not including nonvoting stock which is limited and preferred as to dividends).A corporation ceases to be a member of such an affiliated group at the time that the members of such group cease to own directly stock possessing at least 80 percent of the I voting power of all classes of Its stuck,or at least 80 percent of each class of its nonvoting stock (not including nonvoting stock which is limited and preferred as to dividends). See sections 1501 through 1504 of the Internal Revenue Code and regulations pertaining thereto. G U.S.GOVERNMENT PRINTING OFFICE:1971—CNeel-525 Form 851 (Rev. ]0-71) Revised in Accordance with Tax Reduction Act of 1975 .Farm 1120-17Y Corporation Fiscal Year FY Tax Computation Schedule 1974-75 Department of the Treasury (This schedule is to be used in lieu of the Tax Computation Internal Revenue service Schedule on 1974 Forms 1120, 1120F, 990—C and 990—T) (Rev. 4-75) Attach to your tax return. For taxable year beginning ....M�y..l......................1 1974 and ending ...APril 30 ........ 1975. Name Employer Identification number Ceracche Television Corporation & Subsidiaries 115 0564299 Address (Number and street) 519 West State Street City or town, State, and ZIP code Ithaca, N.Y. 14850 '7�' Computation of Regular Tax Computation at Tax Rates Applicable Before 1/1/75 Form 1120, page 1, line 30 . . . . . . . . . . . I. Form 1120F, page 3, line 30 . 1 Taxable Income i Form 990—C, page 1, line 32 . . . . . . . . . . . -------------52 780 _ S Form 990—T, page 1, line 6 (see instructions) . . . . 1 2 Surtax exemption—enter line 1 or$25,000, whichever is lesser. (Component members of a controlled 25 000 group—see instructions and enter your surtax exemption or line 1, whichever is lesser) 3 Line 1 less line 2 . . . . . . . . . . . . . . . . . . . . . . . . . 27 780 4 22%of line 1 . . . . . . . . . . . . . . . . . . . . . . . . --------------11 '611 5 26%of line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . ------....7 223 ----- ------------- 6 If multiple surtax exemption is elected under section 1562,enter 6% of line 2 . . . . . . . . 7 Total of lines 4, 5, and 6. If applicable, enter here and on line 1, Part III 18 834 Computation at Tax Rates Applicable After 12/31/74 8 Enter amount from line 1, Part I (see instruction "Computation of Tax") 52 780 , , r 9 Enter line 8 or$25,000,whichever is lesser(members of a controlled group, see instructions) . . , 25 000 I� 10 Line 8 less line 9 27 780 3 11 Enter line 10 or $25,000, whichever is lesser (members of a controlled group, see instructions) 25 000 r i ti 12 Line 10 less line 11 . . . . . . . . . . . . . . . . . . . . 2 780 13 20% of line 9 . . . . . . . . . . . . . . . . . . . . . . . . . . ...............5__000__ --- 14 22% of line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . 5 500 '----------------------------- y.. d f 15 48% of line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 334 F gI 16 Total of lines 13, 14, and 15. If applicable, enter here and on line 3, Part III 11 834 i i i r I _ e ji 9 •Form 4120-FY (1974-75) (Rev. 4-75) Page 2 Computation of Alternative Tax Computation at Tax Rates Applicable Before 1/1/75 1 Taxable income(line 1,Part 1) . . . . . . . . . . . . . . . . . . . . . . .............................. 2 Excess of net long-term capital gain over net short-term capital loss . . . . . . . . . . . 3 Line 1 less line 2 . 4 Surtax exemption enter line 3 or$25,000, whichever is lesser. (Component members of a controlled group—see instructions for line 2, Part I and enter your surtax exemption or line 3,whichever is lesser) 5 Line 3 less line 4 . . . . . . . . . . . . . . . . . . . . . . . . 6 22% of line 3 . . . . . . . . . . . . . . . . . . . ------------------------------ 7 26% of line 5 . . . . . . . . . . . . . . . . . . 8 If multiple surtax exemption is elected under section 1562,enter 6% of line'4 9 Total of lines 6,7,and 8. . . . . . . . . . . . . . . . . . . . . . . . . 10 Enter amount from line 2 11 Enter subsection (d) gains, if any (see instructions) . . . . . . . . . . . . . . . . 12 Line 10 less line 11 (if less than zero, enter zero) . . . . . . . . . . . . . . . . . 13 25% of the lesser of line 10 or line 11 . . . . . . . . . . . . . . . . . . . .............................. 14 30% of line 12 . . . . . . . . . . . . . . . . . . . 15 Total of lines 13 and 14. . . . . . . . . . . . . . . . . . . . . 16 Alternative tax—total of lines 9 and 15. If this amount is less than the regular tax on line 7, Part I, enter here and on line 1, Part III Computation at Tax Rates Applicable After 12/31/74 17 Taxable income (line 1, Part 1) 18 Excess of net long-term capital gain over net short-term capital loss . . . . . . . . . . . 19 Line 17 less line 18 . ------------------------------ 20 Enter line 19 or $25,000, whichever is lesser. (Members of a controlled group, see the instructions for lines 9 and 11, Part 1) . . . . . . . . . . . . . . . . . . . . . . . . 21 Line 19 less line 20 . 22 Enter line 21 or $25,000, whichever is lesser. (Members of a controlled group, see the instructions for lines 9 and 11, Part 1) . . . . . . . . . . . . . . . . . . . . . , 23 Line 21 less line 22 . . . . . . . . . . . . . . . . . . . . . . . . 24 20% of line 20 25 22% of line 22 - - -- 26 48% of line 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Total of lines 24, 25, and 26 . . . . . . . . . . . . . . . . . . . . . . . 28 Enter amount from line 18 . ------------------------------ 29 Enter subsection (d) gains, if any (see instructions) . . . . . . . . . . . . . . . . 30 Line 28 less line 29 (if less than zero, enter zero) . . . . . . . . . . . . . . . . . 31 25% of the lesser of line 28 or line 29 . . . . . . . . . . 32 300/0 of line 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Total of lines 31 and 32 . . . . . . . . . . . . . . . . . . . . . . . . 34 Alternative tax—total of lines 27 and 33. If this amount is less than the regular tax on line 16, Part I, enter here and on line 3, Part III Form 1120-FY (1974-75) (Rev. 4-75) Page 3 r - Proration of Tentative Taxes 1 Tentative tax (regular tax from line 7, Part I or alternative tax from line 16, Part 11, whichever is lesser) . . . . . . . . . . . . . . 18 834 2 Portion of tentative tax before 1/1/75—see Instructions for computation . . . . . . . 12 642 ........................ ..... 3 Tentative tax (regular tax from line 16, Part I or alternative tax from line 34, Part 11, whichever is lesser) . . . . . . . . . . . . . . . 11 834 4 Portion of.tentative tax after 12/31/74—see instructions for computation . . . . . . . . . 3 891 5 Income tax—add lines 2 and 4 16 533 6 (a) Foreign tax credit (attach Form 1118) . . . , . . . . . . (b) Investment credit (see instructions—attach Form 3468—M . . . 16 533 (c) Work incentive (WIN) credit (see instructions—attach Form 4874—FY) i 7 Total of lines 6(a), (b), and (c) . . . . . . . . . . . . . . . . . . . . 16 533 8 Line 5 less line 7 . . . . . . . . . . . . . . . . . . . . . . . . . 0 9 Personal holding company tax (attach Schedule PH (Form 1120)) . . . . . . . . . . 0 .............................. i 10 Tax from recomputing a prior year investment credit (attach Form 4255) . . . . . . . O •------------------- --------- 11 Tax from recomputing a prior year WIN credit (attach computation) . . .. . . . . . . 12 Minimum tax on tax preference items (see instructions—attach Form 4626) . . . . . . . . 0 13 Total tax—add lines 8 Form 1120, page 1, line 31 . . . . . . . . . through 12. Enter here Form 1120F, page 1, line 2 (disregard lines 3 and 4) . . . 0 and on Form 990-0, page 1, line 33 . . . . . . . . . . . Form 990—T, page 1, line 25 . i Form 3468-FY Revised in Accordance with the Tax Reduction Act of 1975 �Y " -- ZRev. April 1975) Computation of Investment Credit Department of the Treasury (For taxpayers with fiscal years beginning in 1974 and ending in 1975.) 1974-75 Internal Revenue Service 1� Attach to your tax return Name Identifying number as shown on page 1 of your ' tax return Ceracche Television Corporation & Subsidiaries 15 0564299 Note: Include your share of investment in property made by a partnership, estate, trust, small business corporation, or lessor. 1 Qualified investment in property acquired or constructed prior to January 22, 1975 and placed in service during the taxable year. (See instructions C and D for eligible property.) property Line LifeyearsCost or basis Applcable Qualified(Investment (See instruction G) percentage (Column 2 x column 3) (a) 3 or more but less than 5 6 958 331/3 2 319 New -------------------------------- property (b) 5 or more but less than 7 21 976 662/3 14 651 -------------------------------- (c) ------------------------------ (c) 7 or more 149 255 100 149 255 -------------------------------- Used (d) 3 or more but less than 5 331/3 property - ----------------------- (See instructions for (e) 5 or more but less than 7 662/3 dollar limitation) (f) 7 or more 1 550 100 1 550 2 Add lines 1(a)through (f) . . . . . . . . . . . . . . . . . . I 167 775 3 7% of line 2 (4% for public utility property) 11 744 4 Qualified investment in property acquired or constructed and placed in service after January 21, 1975 during the taxable year, and qualified progress expenditures made after January 21, 1975. (a) 3 or more but less than 5 10 946 331/3 3 648 New (b) 5 or more but less than 7 3 360 662/3 2 240 _ property (c) 7 or more 59 048 100 --------------59 01+8 - -------------------------------- Qualified progress expenditures (d) 7 or more 20 Used (e) 3 or more but less than 5 331/3 1 property - ---- -----------•---------- I (See instructions for (f) 5 or more but less than 7 663/3 dollar limitation) (g) 7 or more 100 5 Add lines 4(a) through (g) . . . . . . . . . . . . . . . . . . . . . . . 64 936 6 10% of line 5 . . . . . . . . . . . . . . . 6 - 494---------- ------------- 7 Electing corporations with qualifying employee stock ownership plan—Enter 1%of line 5. (Attach election statement.) . ................................ 8 Carryback and carryover of unused credit(s). (See instruction F and instruction for line 8—attach computation.) . . . _ 9 Tentative investment credit—Add lines 3, 6, 7, and 8 18 238 }! Limitation 10 (a) Individuals—Enter amount from line 16, page 1, Form 1040 . . . . . . I 16 533 (b) Estates and trusts—Enter amount from line 24 or 25, page 1, Form 1041 . : . -------------------------------- (c) Corporations—Enter amount from line 5, Part III, Form 1120–FY (Rev. 4-75) . . 11 Less: (a) Foreign tax credit (b) Retirement income credit(individuals only) . . . . . . . . . . . ........................ (c) Tax on lump-sum distributions. (See instruction for line 11.) . . . . . 12 Total—Add lines 11(a), (b), and (c) . . . . . . . . . . . . . . . . . 13 Line 10 less line 12 . . . . . . . . . . . . . . . . . . . . . . 16 533 14 (a) Enter amount on line 13 or$25,000,whichever is lesser. (Married persons filing separately, con- trolled corporate groups, estates, and trusts, see instruction for line 14.) . . . . . . . ----------------16--533---- (b) If line 13 exceeds line 14(a), enter 50% of the excess. (For public utility property, see section 46(a)(6).) . • . 15 Total—Add lines 14(a) and (b) 16 533 16 Investment credit—Amount from line 9 or line 15, whichever is lesser (enter here and on line 50, Form 1040; line 6(b), Part 111, Form 1120–FY (Rev. 4-75); or the appropriate line on other returns) . 16 533 Schedule A.—If any part of your investment in lines 1 or 4 above was made by a partnership,estate,trust,small business corporation,or lessor,complete the following statement and identify property qualifying for 7%, 10%, and progress expenditures. Name Address Property (Partnership, estate, trust, etc.) New Used Life years If property is disposed of prior to the life years used in computing the investment credit, see instruction E. Form ` trV a yt��`�a14 Rel. (Rev.Oct. 1974) to f=ile Corporation lacome rax ireturn Department of the Treasury Internal Revenue Service (Under section 6081(b)-of the Internal Revenue Code) Note: Prepare this form in duplicate. File'the original with the Internal Revenue Service Center where you are required to file your income tax return. Attach the duplicate to your income tax return. A penalty for failure to pay tax will generally be imposed upon any corporation which files Form 7004 and underestimates by more than 10% its tentative amount of income tax for the taxable year. See instruction F. Name of corporation Employer Identification Number Cr1VAcc"f 7-F1. F✓1,T10A1 COR,? 4?, s�sBs/�/.��/ES Ar- 0 5'1,4 z 9? Number and street Check type of return to be filed: T^7-r S7— ® Form 1120 Form 11205 J �7 / Form 1120L Form 990–C City or town,State,and ZIP cods Form 1120M E] Form 990–T 0 Form 1120F—Check here /T}!A C.4 !(l• r'� ��O a o if you do not have an J office or place of j business in the U.S. An automatic 3-month extension of time until ..D.I:;•j-.... ,7--,19.26x, is hereby requested in which to file the income tax return of the corporation named above for the taxable year beginning.... j......, 19.75!.., and ending 19_7,5- 0 9_7 5-❑ change in accounting period i 1. If the taxable year above is for a period of.less than ❑ filing of initial tax return 12 months, check here if the short'period is due to . . . . . . . . . . . . . ❑ filing of final tax return ❑ other (attach explanation) 2. Does this application also cover subsidiaries to be included in a consolidated return? . . . . . . . . Yes JR No ❑ If"Yes,"complete the following: Name and Address of Each Member of the Affiliated Group Employer Identification No. Vr 16 -CERA-CCHF � L � 1,VC, Irl?--W. STf� TC,�T- f`tJ�7ic�!r� WEsr✓/1�7w H4 16 7ZS, /Nc., .r/J1 w, sT47-F,5J /'rY, .c,41Jf✓Y /41P — D9'-73 y36 --------------------------------------------------------------- ---------------------------------------------- ---------------------------------------- -------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------- - t 3. At least 50% of the tax tentatively determined to be due (line 3(c)) must be deposited on 'or before the original due date of the corporation's income tax return. See instructions for depositary method of payment. A penalty for failure to pay tax will generally be imposed upon any corporation which files Form 7004 and underestimates by more than 10% its tentative amount of income tax for the taxable year. See instruction F. (a) Tentative amount of income tax for the taxable year including any— l Minimum tax on tax preference items Personal holding company tax a4 D Tax from recomputing a prior year investment credit Tax from recomputing a prior year work incentive(WIN)credit Foreign tax credit Investment credit WIN credit (b) Less: (i) Overpayment from prior year allowed as a credit . . . . . . . .......! _�QQ_ (ii) Estimated Ox payments (d1cpcf itE) for the taxable year . . . , (iii) Less refund of estimated tax for the taxable year applied for on Form 4466 . _(----------------------)_ rr (iv) Credit from regulated investment companies . . . - , - - --------------------------- (v) _____ _______ ________(v) Credit,for U.S. tax on special fuels, nonhighway gas and lubricating oil O0 O (c) Balance dueNO/1JE (d) Amount required to be deposited—at least 50% of line 3(c) SIGNATURE (See instruction 1) Under penalties of perjury, I declare that I have been authorized by the above-named corporation to make this application, that to the best of my knowledge and belief the statements made herein are true, correct, and complete, and that I am: x (l an officer of the corporation; a duly authorized agent holding a power of attorney; an agent enrolled to practice before the Internal Revenue Service; EJ an attorney in good standing of the bar of the highest court of ............................................ ^/ (Specify jurisdiction) a certifi publi ccountP duly qualified to practice in .....lX. .W........2"., F-K.................... (Specify jurisdiction) ------- -- -- -- ---- ` --- --------- ------------- ---------------------------- A - - - (Signature of officer or ag t) - - (Title) (D te) A Copy of This Application (dust Be Attached to the Corporation's Income Tax Return C ITY O F ITHACA TOMPKINS COUNTY ITHACA, NEW YORK 14850 TELEPHONE: AR 2-1713 CODE 607 July 16 , 1976 To : All Council Members From: Donald Slattery, Chairman Charter $ Ordinance Committee Please review this revised version of the cable fran- chise . The changes are a result of a further meeting with Mr. Ceracche and the Cable Commission at which time he pre- sented additional financial details relating to home box of- fice and extra channel service. The recommendation for these changes is unanimous from both the Charter & Ordinance Committee and the Cable Commis- sion. DS :br a� ; 51 9 W E S T S T A T E S T R E E T • I T H A C A . NEW YORK 1 4 8 5 0 July 27, 1976 Common Council ' City of Ithaca Ithaca, New York 14850 Gentlemen: I am enclosing herewith Revisions to the Proposed Amendments of the City of Ithaca Cable Television Franchise. If the Common Council is willing to adopt these revisions, then Ceracche Television Corporation in turn will be willing to enter into an agreement with the City of Ithaca. These revisions are fair and reasonable to the City of Ithaca and to Ceracche Television Corporation and will make the franchise acceptable. We are very desirous of coming to a swift conclusion in this matter so that our company can continue to provide the best possible cable television service to the City of Ithaca. Sincerely, Anthony Cera che, President Enclosure REVISIONS TO THE PROPOSED AMENDMENT OF THE CITY OF ITHACA CABLE TELEVISION FRANCHISE Paragraph 10(b): Committee Proposal: _ "The Grantee shall certify to the City and provide such required documentation to prove that it is in fact meeting the minimal technical standards required by the FCC. Said certification and documentation may be twice yearly, as may be requested by the City. If in the belief of the City the minimum technical standards are not being met, or if the Grantee shall fail to provide such certification and documen- tation as required herein, then the City may, at its sole option, employ the services of the New York State Commission on Cable Television engineering van to make verification checks within the City. The Grantee agrees to pay for a maximum of two such verification checks per year should they be required by the City. " Ceracche Proposal: The Grantee agrees to meet all FCC and State Cable Commission technical standards. In the event the City believes that Grantee is not meeting these obligations, it can complain to either the FCC or the State Cable Commission and Grantee agrees to abide by any final order adopted by either Commission. Reason for Ceracche's Proposal: The proposed requirements are burdensome and are not acceptable. The FCC and the State Cable Commission are the bodies set up to determine and police technical standards for cable television systems. Ceracche Television Corporation is unwilling to be put to the expense to further certify and document to the City that it is in compliance with applicable rules and it is unwilling to employ the services of the State Cable Commission engineering van for this purpose. -2- Paragraph 10(c): Committee Proposal: "Service shall be defined to include the providing of cable service to subscribers' homes and businesses in the City through the use of cable and necessary instruments. Further service shall include the program services provided by Ceracche such as over-the-air broadcast pictures, pay television programs and local origination. Additional services should be provided only after securing City approval. " Ceracche Proposal: Service shall be defined to include the providing of cable service to subscribers' homes and businesses in the City through the use of cable and necessary instruments. Further service shall include the program services provided by Ceracche such as over-the-air broadcast pictures, pay television programs and local origination. Reasons for Ceracche's Proposal: The FCC",has preempted local municipalities from regulating all additional services. Accordingly, there is no legal basis for the City to provide for any prior municipal approval for additional services. Paragraph 11(b)(1): Committee Proposal: 'Residential or Commercial establishments; Maximum charges: First installation charge - $20. 00. Each additional installation $10. 00. Rental for first installation - $5. 50 per month, basic cable service including, 22 channels. Additional rental charge for each extra set at the same establishment: Residential 50 Cents per month per set. Commercial: $1. 00 per month per set. " Ceracche Proposal: Residential or Commercial establishments; Maximum charges: First installation charge - $20. 00. Each additional installation $10. 00. Rental for first installation - $5. 50 -3- per month, basic cable service. Additional rental charge for each extra set at the same establishment: Residential : no change will be made in the present charge of 50 Cents monthly for additional hookups to the same subscriber at the same address that were in operation as of March 1, 1975, such additional hookups to be billed at the price of $1. 00 monthly per additional hookup installed after March 1, 1975. Commercial: $1. 00 per month per set. Reasons for Ceracche's Proposal: Ceracche Television Corporation is unwilling to agree that twenty-two channels constitutes basic cable service. This is a business judgment that it must make. In this connection, the number of channels to be delivered turns upon FCC regulations as well as potential copyright liability. The City can be assured that Ceracche Television Corporation will provide the maximum number of channels which are practicable as is presently the case. Paragraph 17: Committee Proposal: "The Grantee shall pay to the City Chamberlain annually a sum equal to three per centum (3%) of its gross revenues from its cable service operations within the City, said gross revenues to include the "basic" charges and rentals as set forth in paragraph No. 11 hereinabove and the charges and rentals as set forth in paragraph No. 32 hereinbelow. The City may increase the per centum sum in the first sentence of this paragraph as permitted by law or regulations of the FCC or New York State Cable Commission. Such fees shall be and constitute a lien upon the property of the Grantee within the City prior and superior to all other debts, obligations, taxes, mortgages, or liens of whatsoever nature regardless of the time of the creation thereof. Failure to make the required report or pay such franchise fees shall be grounds for revocation of this franchise. " Ceracche Proposal: The Grantee shall pay to the City Chamberlain annually a sum equal to two per centum (2%) of its gross revenues from its cable service operations within the City, said gross revenues -O- to include the "basic" charges and rentals as set forth in para- graph No. 11 hereinabove and the charges and rentals as set forth in Paragraph No. 32 hereinbelow. The City may increase the per centum sum in the first sentence of this paragraph as permitted by law or regulations of the FCC or New York State Cable Commission. Such fees shall be and constitute a lien upon the property of the Grantee within the City prior and superior to all other debts, obligations, taxes, mortgages, or liens of whatsoever nature regardless of the time of the creation thereof. Failure to make the required report or pay such fran- chise fees shall be grounds for revocation of this franchise. Reasons for Ceracche's Proposal: Ceracche Television Corporation is willing to agree to the doubling of its present franchise fee from one percent to two percent. It is unwilling to triple the franchise fee paid to the City of Ithaca. In this connection, pursuant to the FCC's rules in 1977 we will be required to amend all of our franchises to make them comply with FCC rules. We anticipate during these negotiations with the approximately dozen other municipalities in Tompkins County that the precedent established in the City of Ithaca franchise will be controlling. Our company cannot afford to pay three percent to each of these communities. Paragraph 29(a): Committee Proposal: "Within thirty days of the receipt of final operating authority, Grantee shall post security with the City in the amount of $10, 000 in the form of a letter of credit. " Ceracche Proposal: Delete. Reasons for Ceracche's Proposal: This provision should be deleted entirely because the State Commission on Cable Television in a pending rule- making proceeding (Docket No. 90078) issued on May 23, 1976, had proposed to delete entirely the requirement that -5- cable systems post security to ensure faithful performance of franchise terms when the system has been completed. In view of the State Commission's proposal, which ought to be adopted by it shortly, no useful purpose would be served by providing for the posting of security. Paragraph 31(b): Committee Proposal: "A charge of $1. 00 per month per television receiver may be made for the provision by Grantee of a converter for the reception of either subscription or pay cable programming or the reception of additional broadcast channels that may be received only with such converter. Said converter shall be capable of providing both pay cable programming and extra channels such that when a subscriber requests both pay cable programming and extra channel service the subscriber shall be charged only a single $1. 00 fee for the converter which shall be capable of providing both services when the additional $6. 00 per month fee for Home Box Office is paid. " Ceracche Proposal: A maximum charge of $2. 00 per month per television receiver may be made for the provision by Grantee of a converter for the reception of either subscription or pay cable programming or the reception of additional broadcast channels that may be re- ceived only with such converter. Said converter shall be capable of providing both pay cable programming and extra channels such that when a subscriber requests both pay cable programming and extra channel service the subscriber shall be charged only a single $2. 00 fee for the converter which shall be capable of providing both services when the additional $6. 00 per month fee for Home Box Office is paid. Reasons for Ceracche's Proposal: It is our understanding that the Committee has agreed to a $2. 00 per month charge for extra channel service but restricted this to $1. 00 per month when Home Box Office service is involved. We see no reason for the distinction and such distinction is patently unreasonable. Without the added $2. 00 per month the future rendition of Home Box Office service is not financially feasible. -6- Paragraph 31(g): Committee Proposal: "The City Cable Commission shall act as the Common Council agent in resolving disputes between the Ceracche Television Corporation and public access users." Ceracche Proposal: The City Cable Commission shall act as the Common Council agent in resolving disputes between the Ceracche Television Corporation and public access users in the City of Ithaca. Reasons for Ceracche's Proposal: Ceracche Television Corporation is unwilling to deal with the City Cable Commission on behalf of subscribers outside of the City of Ithaca. Paragraph 34: Committee Proposal: "The Grantee shall be required to provide to the City at the Grantee's sole expense audited financial statements upon any application by the Grantee for any increase in rates hereunder for use in determining such rates to be permitted in the City of Ithaca. The Grantee shall also be required to submit its annual financial statements, Uniform Cable Commission financial reports, and State and Federal Income Tax Returns and any other reasonable financial information requested, to the Common Council annually as soon thereafter as they may be available. " Ceracche Proposal: Delete. Reasons for Ceracche's Proposal: Paragraphs 10 and 27 of the franchise fully protects the City's rights to reasonably monitor the financial condition of Ceracche Television Corporation. The State Commission's rules require all cable companys to keep their books on the basis of the Uniform System of Accounts. That exhaustive financial data is available to the City. To require us to provide more information is patently unreasonable and is burdensome. Furthermore, if we were to rr77 1 - - - r provide the type of information required in proposed paragraph 34, proper interpretation of those documents would necessitate the City hiring qualified persons to perform these services. We think that such an expenditure under the circumstances is clearly unreasonable. Paragraph 35: Committee Proposal: "The value of this franchise at the end of the term or at such earlier time as it may be terminated, shall be zero. " Ceracche Proposal: Delete. Reasons for Ceracche's Proposal: We see no reason to include this paragraph. It has never been discussed and we do not understand the need to include it. To my knowledge such a provision is never contained in CATV franchises. �RATEO -� CITY OF ITHACA 10B EAST GREEN STREET ITHACA, NEW YORK 1-48SO OFFICE OF TELEPHONE: 272-1713 MAYOR CODE 607 MEMO TO: Hon. Dana Ulloth, Chairman of the Cable Commission Hon. Joseph Rundle , City Clerk Hon. Martin A. Shapiro FROM: Mayor Edward J. Conley DATE: September 16, 1976 SUBJECT: Complaint - Ceracche TV Corp. Attached hereto please find a copy of a letter from the New York State Commission on Cable Television along with a copy of a complaint they received in regard to Ceracche TV Corp. for your information. EJC:rb ATTACH. CC: Hon. Donald Slattery, Chairman of the Charter & Ordinance Comm. c t NEW YORK STATE COMMISSION ON CABLE TELEVISION TOWER BUILDING, EMPIRE STATE PLAZA, JERRY A. DANZIG EiI-NAGFPR- ALBANY, N. Y. 12223 VICE-CHAIRMAN COMMISSIONER (518)474-4992 MICHAEL H. PRENDERGAST EDWARD J.WEGMAN COMMISSIONER COMMISSIONER ROBERT F. KELLY C. LYNN WICKWIRE CHAIRMAN EXECUTIVE DIRECTOR September 14, 1976 Hon. Edward J. Conley Mayor, City of Ithaca City Hall Ithaca, NY 14830 Dear Mayor Conley: Enclosed is a copy of a complaint we received from a constituent of yours. We received it on September 13, 1976 and forwarded a copy to Ceracche TV Corp, asking for a reply within 10 days. The enclosed is for your information since this company is operating within your jurisdiction. If we can ever be of any assistance to you, do not hesitate to contact us. Sincerely, J Perkins Feld Investigator Enclosure SI � 916 E. Shore Dr. Ithaca, N.Y. 14850 September 9, 1976 Q!;� Public Service Commission Communications Division 44 Holland Ave. Albany, N.Y. 12200 LIRA NY Gentlemen:. I am enclosing xerox copies of two checks written to Cerrache Television Corp. , 519 W. State St., Ithaca, N.Y. 14850, and current statements from them. Check #1 was written November 4, 1975 to cover cable and home box office charges for the Month of November 1975. Shortly after mailing this check we received a note offering us twelve months service if we paid eleven months in advance. I called the office and was told if I would send an additional $120.00 it would cover .the year service. Check #2 dated Nov. 4, 1975 is my remittance. My problem is"that I have been billed each month thereafter until July of this year when the cable statement was finally corrected. I have called and written notes asking for correction on home box and am sending you the current billing hoping that you can get through to them. Please note the five day shut off notice. This has appeared on all previous statements. I am probably more annoyed over this situation as this is the third time that I have had difficulties with Cerrache. The first problem arose when I received a monthly payment book with $5.00 coupons. I paid this for several months and then received a notice that I owed additional money. I questioned it and they said I should have been billed at $5.50 per month. I suggested that my coupon should have been for that amount and they finally agreed to that, and that was corrected. Then we ordered Home Box and it was installed for $18.00 for which we paid cash. The next month we were billed for that. We sent a xerox copy of our receipt and that was taken care of. Mr. Cerrache is trying to make the point in our town that he needs more funds and is asking for an increase in rates. One wonders if he had a -more competent bookkeeping department perhaps he might have fewer financial problems. t� At this point I feel that I have more than earned my one month 6'g� �harge. ,. In fact I have spent more time and postage ( not to mention houtmg blodd) 1� J pressure has zoomed with each statement) than the thing has been worth. -� f r'ct, Anything you can do for me will be - y g y greatly appreciated. �,.,�-, • ..� Yours truly, it .cz,::- �:wJcar�ai::.`:WYiYa6Af=ni�xaa:.d^..•L.:Afc3M^ar:'. ...�s_:w-.'..��.Us.,t 'T.::�c.:.:-Al.-.Z..0 h....v_.....w..::..�..._:..• .n.mt.:. _...�J.waC•'_� W11ITruRD L.Tt1:Y:.ou)s 2 :'._ 4 3 i< C AYIn:1: IM. I1EY,NO LDS 1 916 EAST SIIOR6_DRIVE it ITHACA, N. Y. 1'1x50 '/ i ' ='0-=02 213 • PAY 1 O 111E fs QKDLR Or �^7 = .L�Gi�L•Z.!� r%✓_L �C �. — I .— -- - - DQLLA9-S. p FIRST NATIONI HACA -, l..E �� „w;,w.,... .,w wa a,ww:t towrww.yr u.:•c♦ , � •, { 7cr Y- "r e .Z. MFMO__f.i�l� S�VYr��j--/�//r/ —__—.—T.`�•..•t..•�+•{'._.. .__. �_.._. .--r'.L+.''`LL fi • :t 1:0 2 13,,-0 21� 21: 2 68--1 7 1 4 3 71-1 1u° • r _- Y2 Aw-�.r3'6TT1Y ...MG•.�•"Nw -.w�.�.^P�.Qllll"�� '�lt':'LC�f.www MtlVb'O.' s/.•ni.. _ .. 'T:. �_".'T{�"�b•�'�� ■��'�•�-�i�7JL'ltiQti.'Y��I �V�+TJI.i:R:ww. .../41'.., w.�YYf.'Tini•..w-'.v:C'.t Si..ti�._....,...s..v.,_. '.: .��.{ 1 -WHITFORD L. RrYKOI.T)S " AYD6r 1M. RrY.NOLDS, w = ?_ 1 3 7 F: 916 HAST SHORr DRIVE, ,r ITHACA, N. Y-.. 14b5U 50-262 •:-- i 1 PAY TO THE • �' }• ORDER OEC r—_. -- --- $—✓ ----- r VA P --- {( `r-► FIRST NATIONAL tTf{rtCA • i� fiPSl,w�1::A.L N.w4,i9Uf{[UY.1\.;,•Itn4:♦ � ' nw�:..wtA.wa naso i� (/, 1 /7•s �} `. t: 0 1:0 2 13-0 2C, 21: 2 6 8 E-17 14 3 7--1 1��• ��''-0�l O q 0 0�1 200,1 •. -'icy W.!*."- '.��-weac.2�e•�^„`f4'^i�4^:t yam:�1'a'aVn'r-�-.�.aava y!._�- ^:mmY4.`.. r: ...-.,-. ��.7us•>^ca•:..-.-:re:..,:.:.-�.-"sszFc'.'.':A r - _ j CITY OF ITHACA TOMPKINS COUNTY ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-7713 THE MAYOR CODE 607 MEMO TO: Hon. Joseph Rundle, City Clerk Hon. Dana Ulloth, Chairman - Cable Commission Hon. Donald Slattery, Chairman - Charter and Ordinance FROM: Mayor Edward J. Conley DATE: July 28 , 1976 SUBJECT: New York State Commission on Cable Television Attached hereto please find a letter received from the New York State Commission on Cable Television along with a complaint from one of our constituents in regard to Ceracche Television Corp . for your attention. EJC: rb ATTACH. NEW YORK STATE COMMISSION ON CABLE TELEVISION TOWER BUILDING, EMPIRE STATE PLAZA, JERRY A. DANZIG eur1PoA13Elt ALBANY, N. Y. 12223 VICE-CHAIRMAN GOMMI*19OMeR (518)474-4992 MICHAEL H. PRENDERGAST EDWARD J.WEGMAN COMMISSIONER COMMISSIONER ROBERT F. KELLY C. LYNN WICKWIRE CHAIRMAN EXECUTIVE DIRECTOR July 26, 1976 Hon. Edward J. Conley Mayor, City of Ithaca Ithaca City Hall Ithaca, NY 14850 Dear Mayor Conley: Enclosed is a copy of a complaint we received from a constituent of yours. We received it on July 22, 1976 and forwarded a copy to Ceracche Television Corp. asking for a reply within 10 days. The enclosed is for your information since this company is operating within your jurisdiction. If we can ever be of any assistance to you, do not hesitate to contact us. Sincerely, Jeld , Perkins Investigator Enclosure M NEW YORK STATE COMMISSION ON CABLE TELEVISION TOWER BUILDING, EMPIRE STATE PLAZA, JERRY A. DANZIG ��¢¢. ALBANY, N. Y. 12223 VICE-CHAIRMAN �o +c (518)474-4992 MICHAEL H. PRENDERGAST EDWARD J. WEGMAN COMMISSIONER COMMISSIONER ROBERT F. KELLY C. LYNN WICKWIRE CHAIRMAN EXECUTIVE DIRECTOR 9 October 212 1976 Hon. Edward J. Conley Mayor, City of Ithaca 1 108 East Green Street Ithaca, NY 14850 Dear Mayor Conley: This is to inform you that we have received your letter of October 15, 1976, containing the franchise submitted to Ceracche Television Corporation. We will review this material and advise you as soon as possible. If you have any questions in the meantime, please feel free to contact me. Sinc rely, Donald P. Buckelew Director, Municipal Assistance and Policy Development mp .. Y •`® OCT 2 6 1976 CITY OF I'I'HACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-1713 MAYOR CODE 607 MEMO TO: Mr. Dana Ulloth, Chairman of the Television Cable Comm. Mr. Joseph Rundle , City Clerk FROM: Mayor Edward J. Conley DATE: October 26 , 1976 SUBJECT: Ceracche Television Corporation Franchise Attached hereto please find a copy of a letter received today from the New York State Commission on Cable Television in Albany, New York for your information. EJC rb ATTACH. F ��p�R�17E0 CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-1773 MAYOR CODE 607 MEMO TO: Mr. Dana Ulloth, Chairman , Cable Comm-. Mr. Joseph Rundle: City Clerk Mr. Donald Slattery, Chairman of the Charter and Ordinance FROM: Mayor Edward J. Conley DATE: October 27 , 1976 SUBJECT: Commission on Cable Television Attached hereto please find a copy a clarification of policy "In the Matter of The Definitions of "cable television system" and "master antenna television system" -- Sections 812 (2) and 812 (6) of the Executive Law" for your information. EJC:rb ATTACH. x�z . �? u�. e . � Cc IT` c) f Py A a��+1�AT Ca ti� CITY QF ETHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14860 OFFICE OF TELEPHONE' 272-1713 MAYOR CODE 607 MEMO TO: Hon. Dana Ulloth, Chairman of the Cable Commission Hon. Donald Slattery , Chairman of the Charter and Ordinance Hon. Joseph Rundle, City Clerk Hon. Martin A. Shapiro, City Attorney FROM: Mayor Edward J. Conley DATE : November 12 , 1976 SUBJECT: Extension of Time to File Comments Attached hereto please find a memo from the New York State Commission on Cable Television in regard to the above entitled matter. EJC:rb ATTACH. STATE OF NEW YORK COMMISSION ON CABLE TELEVISION In the Matter of ) ) Pole Attachments and Related Agreements ) Docket No. 90001 Involving Cable Television Systems and ) Public Utilities ) EXTENSION OF TIME TO FILE COl5111ETdTS (Issued: November 10, 1976) By reason of many requests for an extension of time for the submission of comments in the above matter, pursuant to Part 593.6 (c) of the Rules of this Corwmissien, the time for sub- mission of comments herein is extended from November 5, 1976 to January 5, 1977. Replies to the comments of other parties may be submitted no later than February 7, 1977. THOMAS E. RYAN Acting Counsel MR. RUNDLE T 1 9 #976 CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-1713 MAYOR CODE 607 October 15, 1976 New York State Commission on Cable Television Tower Building Empire State Plaza Albany, New York 12223 Gentlemen_ When Ceracche Television Corporation asked the City of Ithaca to increase the fees he may charge customers , Common Council on recom- mendation from our cable television commission added some additional amendments to the franchise. However, Ceracche has declined to sign the franchise as it now stands . The Ceracche Cable system has alTways provided responsible and adequate service to the citizens of the City of Ithaca. In a meeting with Anthony Ceracche , the Chairman of the Cable € Commission and myself, it was agreed to solicit advise and comments in regard to the contested amendments from the New York State Commission on Cable Television and the FCC. Consequently, we are submitting a copy of the franchise passed by Common Council and signed by me , along with the objections of Ceracche Television Corporation. We are asking that you review the sections to which Mr. Ceracche objects which are : 10(b) , 10 (c) , 11(b) (1) , 17 , 29 (a) , 31(b) , 31(g) , 34 and 35 . The City of Ithaca wishes to deal fairly with our Televi- sion Franchise operator and still have our franchise offer protection to the users in the community . Since the franchise is currently open, we would appreciate your analysis as soon as possible so that we can conclude this matter. Thank you. Sincerely, Edward J . Conley Mayor, City of Itha a EJC:rb ENC. IT$q ,�............�y�� CF. ° ►� 19 MU Rp7fc0 CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE' 272-1713 MAYOR CODE 607 October 15 , 1976 Federal Communication Commission 1919 Main Street, N.W. Washington, D. C. 20554 Gentlemen: When Ceracche Television Corporation asked the City of Ithaca . to increase the fees he may charge customers , Common Council on recom- mendation from our cable television commission added some additional amendments to the franchise. However, Ceracche has declined to sign the franchise as it now stands . The Ceracche Cable system has always provided responsible and adequate service to the citizens of the City of Ithaca. In a meeting with Anthony Ceracche, the Chairman of the Cable Commission and myself, it was agreed to solicit advise and comments in regard to the contested amendments from the New York State Com- mission on Cable Television and the FCC. Consequently, we are submitting a copy of the franchise passed by Common Council and signed by me, along with the objections of Ceracche Television Corporation. We are asking that you review the sections to which Mr. Ceracche objects which are: 10 (b) , 10 (c) , 11(b) (1) , 17 , 29 (a) , 31(b) , 31 (g) , 34 and 35 . The City of Ithaca wishes to deal fairly with our tele- vision franchise operator and still have our franchise offer protection to the users in the community. Since the franchise is currently open, we would appreciate your analysis as soon as possible so that we can conclude this matter. Thank you. Sincerely, l ronley Edward J. Mayor, City of Ithaca EJC:rb ENC. V•'�i"pie - a+`� :!"C 7 IT O�;�O, •"tom RAS AlE� CITY OF 1THACA 106 EAST GREEN STREET ITHACA, NEW YORK 14950 OFFICE OF TELEPHONE: 272-1713 COMMON COUNCIL CODE 607 November 24 , 1976 The Ceracche Television Corp. 519 West State Street Ithaca, New York 14850 Dear Mr. Ceracche : . The enclosed resolution of the Charter and Ordinance Committee will be presented to the Common Council for action at the December first meeting. The Cable Commission recommendation is also enclosed and supports the resolution as drafted. We find it very difficult but necessary to take this course of action and do so only as a last resort. It is our hope that you will reconsider signing the new franchise that is , in our opinion, as fair and equitable document and bring to a close this entire matter. Sincerely, C � Don Slattery, Chairman Charter and Ordinance Committee DS:pt Enc. (2) Resolution of the Charter and Ordinance Committee Agenda Item B Meeting of November 23, 1976 WHEREAS, the revised television cable franchise approved by the Common Council in August and signed by the Mayor after the duly advertised public hearing has not yet been signed by the cable operator, and WHEREAS, the provisions of the previous franchise granted a temporary rate increse to a monthly rental of $5 . 50 per month for a period of one year beginning in May 1975 , and WHEREAS, the one-year period has expired and the refusal of the cable operator to agree to the new franchise makes it necessary to invoke the provisions of the previously existing franchise , NOW THEREFORE BE IT RESOLVED, that the temporary rate increase granted in 1975 has expired and that the monthly rate for cable television rental in the City of Ithaca has reverted to $4.50 per month, effective immediately, and that subscribers who have paid in advance for the cable service shall have the additional one dollar per month repaid within 60 days from the effective date of this resolution, and BE IF FURTHER RESOLVED that the franchise operator is hereby prohibited from collecting the rate increases granted in the new television franchise until such time as an official representative of the Ceracche Television Corporation shall have signed said - Franchise I SO MOVE. Advisory Committee on Cable Television City of Ithaca, New York Recommendation in re j November 16, 1976 'Present state of the Unsigned franchise by Ceracche Television Corporation ) amended cable television franchise ) which was approved by the Common ) U Council and signed by the Mayor of ) the City of Ithaca. ) Meeting in committee on November 16, 1976 were Morris Angell, Ray Bordoni, Dana Ulloth. The following recommendation was brought before the Advisory Committee on Cable Television and was approved by the committee subject to approval of , its legality by the City attorney: Although Common Council of the City of Ithaca approved an amended franchise which was signed by Mayor Ed Conley on August 26, 1976, to date no authorized representative of Ceracche Television Corporation has signed the new agreement. Because of this failure of Ceracche Television Corporation to sign the franchise and because the corporation has been unwilling to abide by the terms of the amended franchise as is demonstrated by the decision of the corporation to terminate some of its services--a violation of the unsigned agreement-- it is the recommendation of the Advisory Committee on Cable Television that the 1966 franchise as amended and signed by both the City of Ithaca and Ceracche Television Corporation be returned to full force. It is the intent of this recommendation that all conditions of the earlier franchise be reinstated including the rates authorized in that franchise (i.e. $4.50 for basic service, etc.) and the conditions of service required under the agreement. All members of the committee present voted for the recommendation. ' r • c