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Home My WebLink AboutInstitutional Ascertainment for City of Ithaca by Rice Associates I RICE ASSOCIATES RECEIVED J i`" 13 19$7 PLANNING & DZY. INSTITUTIONAL ASCERTAINMENT FOR THE CITY OF I ITHACA, NEW YORK IJanuary 3, 1-9-8-6 I I Prepared by RICE ASSOCIATES 1000 Connecticut Avenue, N.W. I Washington, D.C. 20036 I I I - _I I I \ 1000 CONNECTICUT AVENUE NW • WASHINGTON, DC 20036 • TEL: (202) 737-2400 this Institutional survey and is not intended to reflect the total cable communications needs of the Ithaca community. SECTION I - CURRENT USES OF ACCESS FACILITIES All respondents were asked a series of questions concerning their utilization of Ithaca' s cable access facilities. Nine organizations (45%) reported they currently provide video programming to Ithaca residents . These nine organizations were then asked the frequency with which they provided video programming. Five responded that they provide video programming on a weekly basis, three responded that they provided video programming on an occasional basis, and one respondent was not certain as to the frequency with which the organization provided video programming. The organization, type of programming, form of presentation, and frequency of cablecast by these 9 organizations appear In Table I . All organizational respondents were asked whether they currently use the Community Bulletin Board of the local - cable television system. Eleven respondents (55%) indicated that they presently utilize the Community Bulletin Board. Table 2 lists each of these organizations, the type of announcements, and the frequency of the announcement . 2 J TABLE Frequency of Cablecasting by Organization a` Ithaca College, School News, Public Affairs Cable N Local twice weekly twice weekly of (mrmicatlons Sports, Entertainment Programming Channel New York State Various Educational Cable 7V Local occasionally occasionally Cooperative Extension/ and Information Programs Programming Channel Cornell University and Special Events Media Services w Tarpkins County 1/2 hour Msgszlne Show/ Cable TV Local twice weekly twice weekly Public Library coverage of Local Events Programming Channel and Activites.of Local Origination; Announcements; and Focus Programs on such topics as Focus on Art and Focus on Music; Library also supplies prerecorded children's programming; various cultural and multifaceted informational programming Tompkins County Llalson/conduit for Cornell Cable TV Local Cornell Produced Tapes- Cornell Produced Tapes- Cooperative Extension Cooperative Extension Programming Channel twice weekly twice weekly produced tapes; Library Live Programming Live Programming produces their own live produced by Library- produced by Library- programming monthly monthly City of Ithaca Educational and Infor- Fire Department supplied Presentations on the Presentations on the Fire Department mational programming on programming In previous Local Cable Programming Local Cable Programming fire prevention oriented to years but had stopped; had been weekly had been weekly both children and adults, Fire Department plans to consumer advice on the distribute tapes through purchase of fire safety the Library system eW I Pment TABLE i Frequency of Cablecasting by Organization (CHIT I Nle) N Women's Community Public Service Announcements, Cable TV Local occasionally occasionally ' Bu I I d I ng/Women I a Thirty second access spots Programming Channel -` Information Network Tom;*lns Commmity Video tapes describing Cable TV Local occasionally occasionally of Hospital Rehabilitation p Department, Programming Charnel the 6nergency Roam and Procedures, other Infor- Q mat 1 ona I Programming '> Ithaca out reau Video tapes on various youth e a occas ona y occasionally programs sponsored by the Programming Channel 'i agency re BOCFS/Ithaca School A series of video tapes on Cable TV Local twice weekly twice weekly District various aspects on "getting Programming Channel x; to know your school" �V. m: d 4. h i 1 �. TABLE 2 Organizational Use of the Community Bulletin Board , Type of Frequency of Organization Announcement Announcement Tompkins-Cortland Labor Coalition Upcoming Meeting Occasionally Ithaca Neighborhood Housing Services Listing of Housing Occasionally Avallabilitles Tompkins County Public Library Program Notification Occasionally and General Information Tompkins County Cooperative Extension Upcoming Events, Monthly Meetings, etc. Southside Community Center Various Upcoming Weekly Events City of Ithaca Transit Various Announce- Daily ments concerning Mass Transit Women' s Community - Building/Women' s Information Network Upcoming Events Twice Monthly Tompkins Community Hospital Hospital Classes Monthly Support Group . Availability Information and Referral Service General Public Occasionally Service Announcements Ithaca Youth Bureau Upcoming Events Weekly and Recreational Programs BOCES Educational Program Twice Weekly Schedules 5 i Organizations which did not report current use of the Community Bulletin Board were asked if their organization would use a Community Bulletin Board in the near future. Nine of the ten organizations reported that they would use such a service in the future. The name of the organization and the type of possible announcement appears In Table 3 below. 6 z TABLE 3 Potential Organizational Use of the Community Bulletin Board Type of Organization Announcement Department of Public Works Spot Announcements, Emergency road work, etc. Ithaca College, School of Communications Daily Calendar for Ithaca College Events Cornell University, New York State Cooperative Extension, Media Services Cooperative Extension information on cable for community use Tompkins County Public Library Announcement of public events occurring in Library and general information regarding closing of scheduling of Library hours Greater Ithaca Activity Center Announcements, Programs of Special Events, Coordination of related programming schedules City of Ithaca Fire Department Specific activities such as Fire Prevention Week and various Fire Pre- vention Activities Community Self Reliance Center Dates, times -of work- shops, fundraisers and movies Tompkins County Religious Workers Association Announcements relevant religious oriented events Cornell Computing Services CUINFO data could be made available to community over such a service 7 SECTION Ii - FUTURE USES BY ITHACA ORGANIZATIONS OF PUBLIC ACCESS FACILITIES Possible Uses of an Ithaca Access Channel Representatives of all organizations were asked whether they thought the attainment of their organizations goals could be Improved by public access programming. Eighteen of 20 organizations responded that their goal attainment could be Improved by programming provided or produced for and carried over a cable access channel : The remaining two respondent organizations were uncertain. Respondents were asked what types of cable programming their organizations would most likely produce and/or provide. The following Table summarizes the responses. Table 4 Programming That Institutions Are Likely to Produce/Provide Type of Programming Number of Responses* Educational and informational 20 Municipal Meetings and Hearings 11 Special Events 14 Recreation Programming II In-Service Training 10 Sporting Events 7 Other 4 None 0 * Respondents could check more than one response so each category had a maximum of 20 responses. Respondents were asked how often the organization would likely provide/produce programming for the access channel . Ten percent of the organizations were uncertain, 35 percent said occasionally, 20 percent said monthly and 3S percent said weekly. 8 Possible Utilization of Access Equipment All respondents were asked a series of questions concerning the organizations current video capability. Twelve organizations or 60 percent of the organizations responding reported having staff who know how to operate the organizations video equipment . Nine organizations reported reported having a television set or video monitor. Five organizations reported having use of a video camera . Five organizations reported having use of editing equipment . Seven organizations reported having portable cameras and eight reported having portable video recorders . Eleven of the 12 organizations who do not have both portable cameras and portable recorders reported that they would use such equipment in the future if it was provided at no cost or at a. minimal cost. All applicants were asked how frequently they would use such low cost or no cost equipment . Four of the II respondents indicated that they would use such equipment on a weekly basis, four reported that they would use such equipment on a monthly basis, and the remaining three thought that they would use such a equipment on an occasional basis. SECTION III - VIDEO TRAINING Respondents were asked if staff from organizations had - r participated in the training programs offered by the current cable company. Three organizations reported that staff had participated in the . .training offered by the • 9 :e•--.. _ .w--_ _. :_. .irk 3 cable company. One of these respondents reported that 'the equipment broke down so often, i had to take the training over again. ' This respondent also belle ved his training was insufficient to facilitate producing a video program on his own. Sixteen respondents reported that staff had not participated in such training and the remaining respondent was unsure. All respondents were asked if staff would take a basic production course lasting from 15-20 hours. Fifteen respondents or 75 percent of the sample reported that staff would take such a production course. Tompkins-Cortland Labor Coalition reported that five people from their organization would likely take such a basic production course; the Building Commmissioner reported that two to three staff members could possibly take such a production course; the Department of Public Works reported that two people would likely take such training; Ithaca Neighborhood House Services reported that two people would take such training; Tompkins County Cooperative Extension reported that five to six people would take such training; the Greater Ithaca Activities Center reported that three to five people would take such training; Southside Community Center reported that three people would take such training; the City of Ithaca Department of Transportation reported that three people would take such training; the City of Ithaca Fire Department reported their interest in utilizing such a training program but expressed a concern 10 about paying staff to attend courses lasting up to 20 hours; the Women 's Community Building/Women' s Information Network reported one person that would take such a training program; Tompkins Conity Hosptlai reported two to three staff members wouldJCe kely take such a program; the Community Self Reliance terreported that one to two staff members would take such a program; Ithaca Youth Bureau thought that several people would take such a program; BOCES believed that 12 to 14 staff would take such a program; Cornell University Computer Services reported that two to three staff members would like to take such a program; and the Informational Referral Service thought that one staff person would take such a training program. The total number of people projected to take video training courses from all organizations in the ascertainment Is approximately 56. SECTION iV - INSTITUTIONAL NETWORK AND ACCESS TO LOCAL DATA BANKS Institutional Network All organizations in the ascertainment were asked if their organizations could utilize channels on an Institutional network (separate cable or closed circuit channels on the susbscriber network) to provide private communications among branch locations, businesses in Ithaca, or other institutions. Thirteen organizations i reported that they could utilize closed-circuit channels on an Institutional cable television network. The 11 . �*T:;Et�• ^£215Piku4�'JS!'P'Fc'6E;l.a.:.'^�'4Tc.. F!_`l'ti.'4:^92 NSt.,y8: organizations reporting , an interest in utilizing an . Institutional network In Ithaca are as follows : o Department of Building, City of Ithaca; o Department of Public Works, City of Ithaca; o Tompkins-Cortland Labor Coalition; o Ithaca College, School of Communications; o New York State Cooperative Extension; o Tompkins County Cooperative Extension; o Greater Ithaca Activities Center; o Southside Community Center; o City of Ithaca Fire Department; o Women's Community Building/Women' s Information Network; o Ithaca Youth Bureau; o BOCES; and o Cornell University Computer Services. Among possible locations that would be connected by an Ithaca Institutional Network, according to the interviews conducted, would be for City buildings, the five locations of the Ithaca Fire Department; connecting the- Office of Buildings to the Fire Department; and connecting the - Department of Public Works eight locations. The BOCES representative expressed strong Interest in an institutional network which would connect the 12 public schools in Ithaca, as well as the parochial schools and the Tompkins-Cortland Community College. The Tompkins County Cooperative Extension and the New York State I _ it i Cooperative Extension at Cornell University would like to be able to communicate with each other over an institutional network . The Greater Activities Center and ~ the Southside Communication Center desire to be able to contact each other over an institutional network as well as connections to other organizations such as the City Youth Bureau, Tompkins County Art Council and the County Division for Youth. The Ithaca Youth Bureau in turn desires an I -Net in order to communicate with City Hall , BOCES, the Greater Ithaca Center and the Southside Community Center. Finally, the Tompkins-Cortland Labor Coalition would utilize an institutlonal network to contact City Council , the Mayor 's office, the County Board and several locally based Ithaca unions . In addition, Ithaca College, School of Communications, could utilize channels on an institutional network to communicate with government agencies, local businesses, and local community organizations. The Tompkins County Public Library expressed interest in an 1-NET but desired additional t Information as did the Information and Referral Service. +. It is evident that there Is a wide spread interest and i desire on the part of Ithaca government organizations and community organizations to utilize an institutional network for communications between these organizations and others located in Ithaca. 13 Twelve organizations or 60 percent of all organizations Interviewed expressed Interest in having their in-service training programs delivered to employees over the cable communications system. Local Data Bases All respondents were asked questions concerning the existence and plans for computerized data bases of possible interest to Ithaca residents . It is important to note a background characteristic of the Ithaca community as it relates to these questions . The consumer market survey found that 24 percent of subscriber households possess a personal computer. Respondents were asked if the organization currently has a computerized data base which contains Information Ithaca residents would find useful . Seven organizations reorted having such a data base. Of these seven organizations, five respondents thought the attainment of the organizations goals would be enhanced by the ability of Ithaca residents to access their data files . Of the thirteen organizations reporting no such current data base, five Indicated that such a data base was planned in the future. Two of these five indicated that their attainment of goals would be enhanced by the ability of Ithaca residents to access the files but were unsure as to resident use of the files. These results are summarized in Table S. 14 Table 5 Current and Future Organizational Data Bases P r ' Current Ithaca Base Useful Planned Enhance Goal Organization to Residents for Future Attainment Ithaca Youth Bureau yes yes yes Ithaca Fire Department yes yes no Ithaca Building Department yes yes unsure Tompkins County Public Library yes yes yes BOC ES yes yes yes Cornell University yes yes yes Informational and Referral Service no yes yes Great Ithaca Activities Center yes no no Tompkins County Cooperative Extension no yes yes Southside Community Center no no no Ithaca Neighborhood Housing Service no yes no Women's Community Buildingl Women's Information - Network no yes unsure New York State Cooperative Extension no yes . no E 15 MOM.wft SECTION V - INTEREST LEVELS IN POSSIBLE CABLE SERVICES Ali respondents were asked to indicate how Interested they would be in 16 existing or technologically possible cable services. The percent of Interest indicated for each service appears In Table 6. The possible response to each service ranged from no Interest in that particular service to great interest in that particular service. Not applicable (NA) indicates that the organization did not respond to that particular service. The column entitled DK refers to respondents who didn' t know. Over 50 percent of the organizations surveyed expressed great interest in continuing their use of, or using the following cable services; community bulletin board, use of an access channel , and data transmission. Over 40 percent of the organizations surveyed expressed great interest in production training, energy management, access to local data banks, video teleconferencing, and document transfer. Over 35 percent of the organizations expressed great Interest in service training programs, electronic mail , Institutional Network with agency branches, Institutional Network with other institutions in the City, and Interconnection to other cities and towns in the area. 16 Following is a Iist in order of interest in the services and the percent of organizations indicating moderate and great interest in the ,service. Community Bulletin Board Service 100% Access Channel Use 100% Document Transfer 80% Production Equipment Use 75% Production Training 75% Access to Local Data Banks 75% I -NET with other City Institutions 75% Data Transmission 70% Electronic Mail 70% In-service Training 65% Energy Management 65% Video Teleconferencing 65% Interconnection to other Towns 60% Medical Alert 55% -NET Among Agency Branches 55% Fire and Security Alarm 45% 17 Table 6 Interest in Possible Cable Services No Little Moderate Creat Service Interest interest Interest Interest DK NIA Use of a C umi ty Bulletin Board Service - 40% 60% -Use of an Access Channel - - 50% 50% - - Cable-Delivered In-Service Training Programs 20% 15% 30% 35% - - Use of Production Equipment 0% 25% 50% 25% - - Training in Program Production 10% 15% 35% 40% - - Fire and Security Alarm 25% 10% 20% 25% 15% 5% Medical Alert 30% 10% 35% 20% 5% - Energy Monitoring and Management 15% 5% 25% 40% 10% 5% Access to Local Computer Data Banks 10% 10% 30% 45% 5% Data Transmission 5% 15% 20% 50% 5% 5% Video Teleconferencing 5% 30% 25% 40% - - Electronic Mail 5% 20% 35% 35% 0% 5% Document Transfer 10% 5% 35% 45% 0% 5% interconnection with your agency's branches through an Institutional - 20% 35% - 45% network Interconnection to other Institutions in the City 5% 10% 40% 35% 10% - Interconnection to other Cities or Towns In the area 15% 15% 25% 35% 5$ 5% 18 SECTION VI - CONCLUSIONS As part of its plan to consider a renewal of a cable n television franchise, the City of Ithaca, New York requested that a institutional needs assessment be conducted. The Institutional ascertainment involved a series of Indepth interviews with representatives from government agencies, educational institutions and community organizations . It was found that Ithaca Institutions use local media to reach the public and many seek additional use of cable to improve In their outreach, training efforts, and goal attainment . Following is a summary of the major findings of the institutional ascertainment . o The cable system Is currently used by 45 percent of the respondents for access programming and by 55 percent for bulletin board use. Those organizations so using the system indicated a desire to continue and Increase such use where appropriate. o Ninety percent of the respondents not using the community bulletin board on cable wish to in the future. o Three-quarters of the respondents reported a total of approximately 56 people would take video production training course. o Two-thirds of the respondents report that they would like to utilize closed circuit channels for communications over the cable system. o At least 40 percent of the respondents expressed great Interest in continued expanded, or new use of access channels, bulletin boards, video training programs, energy management, access to local data banks, data transmission, document transfer and video teleconferencing. 19 :Y��L�d!�R73t5�JYJz!.�'::J.'aYCk4^f�.ax-Lz,*;;'v'"°5<�"•`s5�i.+�*»'r'R:°�F.�dVsra�esr•�f:tiCl"+'ti�":aha::a esa•.-^e*'C'� :i... w=t.-r,ro t!':`1sr.>x.:..s.�iGtz-.vi+e..sr.S-.'ce:wyi'.�ieT.vtaa�s. .^^u:arAssR.v-•.rvs...:a.aCtsw�x -��,.-•� _.. t n APPENDIX A LISTING OF INTERVIEWEES .»rsYasr�i�Ere+ •,r�;�..<�:«�cy�Pxk•:w.�,:.'a�r�fi�xi�r.;�+.��-q�, ..as.c._ .x. - a# �,aaai: .... ,.�a+r�iir._...�..- +n -.. ,_...,i+. v _- ...`n,_.... APPENDIX A NAMES AND ADDRESSES OF INTERVIEWEES Mr. Ed Olmstead Fire Chief City of Ithaca Fire Department 310 West Green Street Ithaca , New York 14850 Mr. Tom Hoard Building Commissioner Building Department City of Ithaca City Hall Ithaca , New Fork 14850 Mr . Bob Cutia Director Ithaca Youth Bureau 609 W. Clinton Street Ithaca , New York 14850 Mr . Jack Dougherty Department of Public Works City of Ithaca J City Hall Ithaca , New York 14850 Mr . Bernie Carpenter Director City of Ithaca Transit Pier Road Ithaca , New York 14850 Mr . Ed May BOCES 555 Warren Road Ithaca , New York 14850 Mr . David Watkins Director of Media Services NYS Cooperative Extension Cornell University B-27 , MVR Ha 1 1 Ithaca , New York 14853 Ms . Anne Matthews Tompkins County Cooperative Extension 225 South Fulton Street Ithaca , New York 14850 m�.YW,wur'x�',�A;F'r::n" L Mr . Louis Metzger Director Ms . Gail Mussell Automation Systems Librarian Tompkins County Public Library 312 N. Cayuya Street Ithaca , New York 14850 Dr . Kenneth King Vice-Provost for Computing Cornell University Room 223 Day Hall Ithaca , New York 14853 Mr . Steve Worona Cornell University 401 Uris Hall Ithaca , New York 14853 Mr . Thomas Bohn Dean , School of Communications Ithaca College , School of Communications Dillingham Center Ithaca , New York 14850 Mr . Jim Morrisette Tompkins-Cortland Labor Coalition 109 West State Street Ithaca , New York 14850 Ms . Judy Jensvold Director , Women ' s Community Building Women ' s Community Building / Women ' s Information Network 100 West Seneca Street Ithaca , New York 14850 Ms . Julie Bonney Direcotr of Community Relations Tompkins Community Hospital 1285 Trumansburg Road Ithaca , New York 14850 Rabbi Scott Glass President Tompkins County Religious Workers Association Temple Beth-E1 , E. Court Street Ithaca , New York 14850 Mr . Doug Dylla Director Ithaca Neighborhood Housing Services 520 W. Green Street Ithaca , New York 14850 Mr . Charles Manning Greater Ithaca Activities Center 318 North Albany Street Ithaca , New York 14850 Mr. Fe Nunn Acting Director Southside Community Center 305 South Plain Street Ithaca, New York 14850 Ms . Lindsay Ruth Information & Referral Service 313 N. Aurora Street Ithaca , New York 14850 Ms . Marian Mollin Community .Self-Reliance Center 301 S. Geneva Street , G-3 Ithaca , New York 14850 t i .�, w,..�.�:�-e::.ua�mn� r�,a+n Ka...,tKStam'.s,asarEC• = -- — :rd�....�... ...'a3' e.5`',�5,^;�,.-, d+�41i8i�wJ�"��zr,�.iaSiR�9� ��r1>f�TS.+Ya"�=tv� ..a:as�oil� APPENDIX B FREQUENCY DISTRIBUTION INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION CURRENTLY PROVIDE VIDEO PROGRAMMING Number Percent Cumulative ---------------------------------------- ------ -------- ---------- 1 - YES 9 45.0 % 45.0 % 2 - NO 11 55 .0 % 100.0 % 5 - UNCERTAIN 0 0.0 % 100.0 % 9 - NA 0 0.0 8 100.0 $ Total 20 100.0 $ 100.0 $ Missing cases 0 Response percent 100.0 $ Bar Graph of CURRENTLY PROVIDE VIDEO PROGRAMMING Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . .. . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 . . . . ! YES 9 ) NO **************************** ( 11 ) UNCERTAIN * ( 0 ) NA * ( 0 ) 14 F . INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION PRESENTATION FORUM Number Percent Cumulative 1 = GROUP MEETING 0 0.0 % 0.0 % 2 = PUBLIC TV 0 0.0 % 0.0 % 3 - CABLE LOCAL CHAN 9 45.0 % 45.0 % 4 = BROADCAST TV 0 0.0 % 45.0 % 5 = TAPE LIBRARY 0 0.0 % 45.0 % 6 =OTHER 0 0.0 8 45.0 % 8 - UNCERTAIN 0 0.0 % 45.0 % 9 - NA 11 55 .0 % 100.0 % ------ ------- ------- Total 20 100 .0 % 100.0 % Missing cases - 0 Response percent = 100 „0 % Bar Graph of PRESENTATION FORUM Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 GROUP MEETING * ( 0 ) PUBLIC TV * ( 0 ) CABLE LOCAL CHAN *********************** ( 9 ) BROADCAST TV * ( 0 ) TAPE LIBRARY * ( 0 ) OTHER * ( 0 ) - UNCERTAIN * ( 0 ) NA **************************** ( 11 ) p _ INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION CURRENTLY USE CABLE ACCESS Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = YES 6 30.0 8 30.0 8 2 = NO 3 15.0 8 45.0 8 8 =DONT KNOW 0 0.0 % 45.0 8 9 = NA 11 55.0 % 100.0 % Total 20 100.0 $ 100 .0 $ Missing cases = 0 Response percent = 100.0 8 Bar Graph of CURRENTLY USE CABLE ACCESS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 YES **************** ( 6 ) NO ******** ( 3 ) DONT KNOW * ( 0 ) NA **************************** ( 11 ) .-�...-. ,.. .'s'i_` `w ee�.�"r;dd -... .•�:>s�.�D'3�"i;� i" -°-�?td:�S� ±.aatS'`�se-;�.,.?za'9' '#:'�':�y�`#4[.:.a.,. lip}. +,3�P'E�._. L -. .t esi!,.. -i`Se��*-,F ifi -- -- - ..- .. ..c. ". �'lf'i�a.�`r.+.,�♦`� �a. :�� is4��}�.a�.'i"'is"ili.a"..S'{+`SaT'... t INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION ° USE OF ACCESS CHANNEL Number Percent Cumulative ---------------------------------------- ------ ------- ---------- 1 = NO INTEREST 0 0 .0 % 0 .0 % 2 = LITTLE INTEREST 0 0 .0 % 0.0 % 3 = MODERATE INTERES 10 50 .0 % 50 .0 % 4 = GREAT INTEREST 10 50 .0 % 100 .0 % 8 = UNCERTAIN 0 0 .0 % 100 .0 % 9 = NA 0 0 .0 % 100 .0 % Total 20 100 .0 % 100 .0 % Missing cases = 0 Response percent = 100 .0 % Bar Graph of USE OF ACCESS CHANNEL Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ NO -----------NO INTEREST * ( 0 ) LITTLE INTEREST * ( 0 ) MODERATE INTERES ************************** ( 10 ) GREAT INTEREST ************************** ( 10 } UNCERTAIN * ( 0 ) NA * ( 0 ) �_�. ..se....�.-...o®.a..,.=.e....vae..,A.w'.+sww.r._•-r..n'.c'yi4adY6Ct_(fF9�:.i,rt"`ti"C��✓'.4Y`Qcb�Fi'V€BT+�3t90i'.�'a`.•AJ eC?9',..L"ftGGL . _ _ X.:^..I?_. .. +F...es: 'i.'.':HaL'3:Tdf �.,,. .�i .__.... `.•;uA7�➢�.. INSTITUTIONAL ASCERTAINMENT = FREQUENCY DISTRIBUTION FREQUENCY CABLE ACCESS USE Number Percent Cumulative ------ ------ ------- ---------- 1 = DAILY 0 0.0 % 0.0 % 2 = WEEKLY 4 20.0 8 20.0 % 3 = MONTHLY 0 0.0 % 20.0 % 4 = OCCASIONALLY 3 15.0 % 35.0 % 5 = UNCERTAIN 0 0.0 % 35 .0 % 9 = NA 13 65.0 % 100.0 8 ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases 0 Response percent 100 .0 8 Bar Graph of FREQUENCY CABLE "ACCESS USE Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . 1 . . . . ! DAILY * ( 0 ) WEEKLY *********** ( 4 ) MONTHLY * ( 0 ) OCCASIONALLY ******** ( 3 ) UNCERTAIN * ( 0 ) NA ********************************* ( 13 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION USE CABLE .LOCAL ORIGINATION CNANNEL Number Percent Cumulative --------------------------------------- ------ ------- ---------- 1 - YES 2 10.0 % 10.0 % 2 - NO 6 30.0 8 40.0 % 5 - DONT KNOW 0 0.0 8 40.0 8 9 - NA 12 60.0 % 100.0 % ------ ------- ------- Total 20 100.0 8 100.0 $ Missing cases = 0 Response percent = 100.0 $ Bar Graph of USE CABLE LOCAL ORIGINATION CNANNEL Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . ! . . . . ! YES ****** ( 2 ) NO **************** ( 6 ) DONT KNOW * ( 0 ) NA ******************************* ( 12 ) a._'y°w'7Fs+r.iximfi"^,` "e°"••�s.mr. +ss. t INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION FREQUENCY USE LOCAL ORIGINATION CHANNEL Number Percent Cumulative ---------------------------------------- ------ ---------- 1 = DAILY 0 0.0 % 0.0 % 2 = WEEKLY 0 0.0 % 0.0 % 3 = MONTHLY 0 0.0 % 0.0 % 4 = OCCASIONALLY 2 10.0 % 10.0 % 9 = NA 18 90.0 % 100.0 % ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent 100.0 $ Bar Graph of FREQUENCY USE LOCAL ORIGINATION CHANNEL Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . .1 . . . . 1 . . . . 1 . . . . i . . . . l . . . . l . . . . l . . . . l . . . . t . . . . l DAILY * ( 0 ) WEEKLY * ( 0 ) MONTHLY * ( 0 ) OCCASIONALLY ****** ( 2 ) NA ************************:********************* ( 18 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION USE CABLE COMMUNITY BULLETIN BOARD Number Percent Cumulative ------ ------ ------- ---------- 1 = YES 11 55.0 % 55.0 % 2 = NO 3 15 .0 % 70.0 8 5 = DONT KNOW 0 0.0 % 70.0 8 9 = NA 6 30.0 8 100.0 % ------ ------- ------- Total 20 100 .0 $ 100.0 $ Missing cases = 0 Response percent - 100 .0 $ Bar Graph of USE CABLE COMMUNITY BULLETIN BOARD Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ l . . . . l . . . . l . . . . l . . . . I . . . . I . . . . l . . . . l . . . . 1 . . . . 1 . . . . ! YES *********** **************** ( 11 ) NO ******** ( 3 ) DONT KNOW * ( 0 ) NA * ************** ( 6 ) i INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION FREQUENCY USE CABLE COMMUNITY BULLETIN Number Percent Cumulative --- ------ ------ ---------- 1 = DAILY 1 5.0 8 5.0 8 2 = WEEKLY 3 15.0 % 20.0 % 3 = MONTHLY 3 15.0 % 35.0 % 4 = OCCASIONALLY 4 20.0 % 55.0 % 9 = NA 9 45.0 8 100.0 % ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent 100.0 % Bar Graph of FREQUENCY USE CABLE COMMUNITY BULLETIN Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ l . . . . I . . . . l . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . ! . . . . ! . . . . 1 DAILY *** ( 1 ) WEEKLY ******** ( 3 ) MONTHLY ******** ( 3 ) OCCASIONALLY *********** ( 4 ) *********************** ( 9 ) l - INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION WOULD USE COMMUNITY BULLETIN BOARD Number Percent Cumulative ---------------------------------------- ------ ------- ---------- 1 = YES 8 40.0 % 40.0 % 2 = NO 0 0.0 8 40.0 % 5 = UNCERTAIN 1 5 .0 % 45.0 % 9 = NA 11 55 .0 8 100.0 8 Total 20 100 .0 $ 100.0 $ Missing cases 0 Response percent 100.0 $ Bar Graph of WOULD USE COMMUNITY BULLETIN BOARD Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . ! . . . . 1 . . . . ! . . . . 1 YES ********************* ( 8 ) NO * ( 0 ) UNCERTAIN *** ( 1 ) NA *#************************** ( 11 ) ..;• �.v^:�r Y :,:.,,—c rxm.,mw�^�&� 'fin.�: '.M*" .�'fl4?'�,•E'F'.,��"s��. .:. � :a-' fi�" '�' �'� '.ens _ ?#.Tr-° ?�+ ttr.•_,c"�:•�. : ?� h. ,•' - INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION IMPROVE GOAL-ATTAINMENT VIA_CABLE�ACCESS Number Percent Cumulative 1 = YES 18 90.0 % 90.0 % 2 = NO 0 0.0 % 90.0 % 5 = UNCERTAIN 2 10.0 % 100.0 % 9 = NA a_ d;0_$ 1000_$ __ Total 20 100.0 100.0 Missing cases = 0 Response percent 100.0 $ Bar Graph of IMPROVE GOAL ATTAINMENT VIA CABLE ACCESS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 YES ********************************************** { 18. ) NO * { 0 ) UNCERTAIN ****** { 2 ) NA * 0 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION EDUCATION/ INFOMATION PROGRAMS1 Number Percent Cumulative ---------------------------------------- ------ ------- ---------- 1 - YES 20 100.0 % 100.0 % 2 - NO 0 0.0 8 100.0 % 5 - UNCERTAIN 0 0.0 % 100.0 % 9 - NA 0 0.0 % 100.0 % Total 20 100.0 8 100.0 8 Missing cases 0 Response percent = 100 .0 $ Bar Graph of EDUCATION/ INFOMATION PROGRAMSI Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . l . . . . l . . . . l . .. . I . . . . 1 . . . . 1 YES *************************************************** NO * ( 0 ) UNCERTAIN * ( 0 ) NA * ( 0 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION 4 MUNICIPALAND PUBLIC MEETING COVERAGE Number Percent Cumulative ---------------------------------------- 2 = YES 11 55.0 8 55.0 8 2 - NO 9 45.0 8 100.0 8 5 = UNCERTAIN 0 0.0 8 100.0 8 9 = NA 0 -_0.0_ 8 200_08 ____ Total 20 100.0 8 100.0 8 Missing cases = 0 Response percent 100.0 $ Bar Graph of MUNICIPALAND PUBLIC MEETING COVERAGE Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ____________ i , . . . l . . . . l . . . . t . . . . I . . . . 1 . . . . 1 . . . . 1 . . . . 3 . . . . ! . . . . 1• YES **************************** { 12 ) NO *********************** 9 ) UNCERTAIN { 0 ) NA * { 0 ) i «-.. ._, ......Sa t,s^.>... .. . s t+•...,.. .,,.5... ,._ ... a ':. ..;.� _ _- ..x. rt K=: .. 1,._....- .. ., ,... INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION wS Number Percent Cumu1ad-iie SPECIAL EVENT . ------------ __.._.� _...1_ . 1 = YES 13 65.0 % 65.,� $� 2 = NO 6 30.0 % 95 ..0.,E 5 = UNCERTAIN 0 0.0 % 95,.0 9 = NA 15_ _ 0 `� 100,0 _ _ __ ^� Total 20 100.0 % 100.0 Missing cases = 0 Response percent 100.0 $ Bar Graph of SPECIAL EVENTS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ____________ ! . . . . 1 . . . . 1 . . . . 1 . . , . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 YES ****** ********** ****#***** **** ( 13 ) NO **** * **** *#* ( 6 ) UNCERTAIN * ( 0 ) NA "•r*� �: .� f;-� "+'�,;f��o�'t�' +ik .., "^f�t �iz'+�€�A'_., �.. :"ate`� � "�� INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION RECREATION PROGRAMS Number Percent Cumulative 1 - YES 10 50.0 % 50.0 $ 228 40.0 % 90.0 $ 5 = NO 0 0 .0 % 90.0 $ 9 = NA 2 10.0 % 100.0 $ - Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent = 100 .0 % Bar Graph of RECREATION PROGRAMS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 YES ************************** ( 10 ) NO 8 ) UNCERTAIN * ( 0 ) NA ****** ( 2 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION INSERVICE TRAINING PROGRAMS Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 - YES 10 50.0 8 50.0 % 2 = NO 9 45.0 8 95 .0 % 8 5 = UNCERTAIN 1 0 5.0.8 % 10098.8 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 % 100.0 8 Missing cases = 0 Response percent = 100.0 8 Bar Graph of INSERVICE TRAINING PROGRAMS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . t . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . 1 . . . . ! YES ************************** ( 10 ) NO *********************** ( 9 ) UNCERTAIN * ( 0 ) g *** ( 1 ) NA * ( 0 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION SPORTS EVENTS --__ Number Percent Cumulative 1 = YES 7 35.0 8 35.0 2 = NO 13 65.0 % 100.0 .% 8 =DONT KNOW 0 0.0 % 100.0 % 9 = NA ------ ------$ 100-0 $ ' Total 20 100.0 % 100.0 % Missing cases = 0 Response percent 100.0 % Bar Graph of SPORTS EVENTS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ____________ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! , . . . ! . . . . ! . . . . 1 . . . . 1 YES 7 } NO 13 } DONT KNOW * ( 0 } NA ( 0 } . INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION OTHER PROGRAMMING Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = YES 4 20.0 8 20.0 % 2 = NO 3 15.0 8 35.0 8 8 = DONT KNOW 1 5.0 % 40.0 % 9 = NA 12 60.0 8 100 .0 % Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent = 100 .0 8 Bar Graph of OTHER PROGRAMMING Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 YES *********** ( 4 ) NO ******** ( 3 ) DONT KNOW *** ( 1 ) NA ******************************* ( 12 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION FREQUENCY PROVIDE ACCESS PROGRAMS Number Percent Cumulative 1 = DAILY 0 0.0 8 0.0 % 2 = WEEKLY 7 35.0 % 35.0 % 3 = MONTHLY 4 20.0 8 55.0 % 4 = OCCASIONALLY 7 35.0 % 90.0 % 5 = UNCERTAIN. 5.0 % 95.0 % 9 = NA 5.0 % 100_0_$ Total 20 100.0 % 100.0 Missing cases = 0 Response percent = 100.0 $ Bar Graph of FREQUENCY PROVIDE ACCESS PROGRAMS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 910 100 DAILY * ( 0 WEEKLY ,�*** * ****�****** ( 7 ) MONTHLY *********#* ( 4 ) OCCASIONALLY ***�`*#**' ( 7 ) UNCERTAIN *** ( 1 ) NA *** ( 1 ) T1I.. ."". INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION STAFF KNOWS HOW TO USE VIDEO Number Percent Cumulative 1 = YES 12 60.0 8 60.0 8 2 = NO 7 35.0 8 95.0 % 5 = UNCERTAIN 1 5.0 % 100.0 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 $ 100.0 % Missing cases 0 Response percent =100.0 $ Bar Graph of STAFF KNOWS HOW TO USE VIDEO Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ l . . . . l . . . . l . . . . l . . . . l . . . . I . . . . i . . . . l . . . . I . . . . l . . . . ! YES ******************************* ( 12 ) NO ****************** ( 7 ) UNCERTAIN *** ( 1 ) NA * ( 0 ) _ 'fid._.,«. :'`.'_ ..k''war.�,'�$�?R:t�:fi.�.*P��1.�.' �:�...� ".rtak"�"sy'r!a'.�.��:x,4^�i6w'z:„. ;a�`',�.4lry "�.dzR••:..«tom=i' ....--�=-`'�k^,:>.r.. a..i, .:� -.: i��e«�,,:-� „a�'_,::.t: •,;, ... .u��_. INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION ~ AGENCY USES___^i__r_--+w_-_ r NumbePercent Cumulative 1 a YES 9 45.0 % 45.0 8 2 = NO 11 55.0 % 100.0 % 5 = UNCERTAIN 0 0.0 % 300.0 % 9 a NA ____-_ w_0! - -_- ---__ - Total 20 100.0 8 100.0 Missing cases = 0 Response percent = 100.0 Bar Graph of AGENCY USES Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ___________.. 1 . . . . 1 . . . . 1 . . . . t . . . . 1 . . . . 1 . . . . 5 . . . . I . . . . I . . . . i . . . . 1 YES g } NO UNCERTAIN * ( 0 } NA * ( 0 } _- •'- 4..._ :1+. �"!"�t+tt+'�5'b�-'•s'r.+:,. .,,. ":.:'+.:?^.,-?i>:iuP%!'vi ,SJlricfdt.e +a..- .... _ :INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION _ AGENCY HAS USE OF TV Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = YES 9 45.0 8 45.0 % 2 = NO 11 55.0 % 100.0 8 5 = . UNCERTAIN 0 0.0 % 100.0 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 $ 100.0 $ Missing cases 0 Response percent =100.0 $ Bar Graph of AGENCY HAS USE OF TV Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ YES ----------YES *********************** ( 9 ) NO **************************** ( 11 ) UNCERTAIN * ( 0 ) NA * ( 0 ) ._. :r ,......:...: .. . .: .:..yr_v:n.a. :v:..`..,-.: ::.a.r..,,_ .:.3:-'_F'a.rn,....�n..�' t`Tt`�V..°'S`"5". :z:::rsiR'n.'�tPsa,�:v^aww.y;+'Y._._. .x..�..a ,.era:.:zirn ,'S�::r,°_-�%Ab'�.�.'av:aEa+,,:w•:Y:�::�'a�,� - «c: +...-..�, (INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION - AGENCY HAS USE OF VIDEO CAMERA Number Percent Cumulative 1 - YES 5 25.0 % 25.0 8 2 = NO 15 75.0 % 100.0 8 5 - UNCERTAIN 0 0.0 % 100.0 $ 9 = NA 0 0.0 % 100.0 $ Total 20 100.0 $ 100.0 $ Missing; cases 0 Res on a percent 100.0 $ Bar Graph of AGENCY HAS USE OF VIDEO CAMERA Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! YES ************* ( 5 ) NO ************************************** ( 15 ) UNCERTAIN * ( 0 ) NA * ( 0 } INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION - AGENCY HAS USE OF EDITING EQUIPMENT Number Percent. Cumulative . ---------------------------------------- ------ ------ ---------- 1 - YES 5 25.0 8 25.0 % 2 = NO 15 75.0 % 100.0 8 5 = UNCERTAIN 0 0.0 % 100.0 % 9 - NA 0 0.0 % 100.0 % Total 20 100.0 8 100.0 $ Missing cases = 0 Response percent = 100.0 $ Bar Graph of AGENCY HAS USE OF EDITING EQUIPMENT Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 YES ************* ( 5 ) NO ************************************** ( 15 ) UNCERTAIN * ( 0 ) NA * ( 0 ) :INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION AGENCY HAS USE OF PORTABLE CAMERA Number Percent Cumulative 1 = YES 7 35.0 % 35.0 $ 2 = NO 13 65.0 8 100.0 $ 5 = UNCERTAIN 0 0.0 % 100.0 $ 9 = NA 0 0.0 % 100.0 $ Total 20 100.0 $ 100.0 $ Missing cases 0 Response percent 100.0 $ Bar Graph of AGENCY HAS USE OF PORTABLE CAMERA Percent of Total Value Labels 0 10 20 30 .40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . i . . . . i . . . . l YES ****************** ( 7 ) NO ********************************* ( 13 ) UNCERTAIN * ( 0 ) NA * ( 0 ) ... :. ..• re* .. .,v`* +.�.�• ! k'_.�w �`✓:m�-oxer a, =•Mrd+».2'e;�.b,M"5,v-.-_�,.;`.c".7�.�;"_ki�"^_...ira'�.,:c�*± U�X�. `-'"�.i"3.'".'^�,r�'' �«S%C'. LNSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION AGENCY HAS USE OF PORTABLE RECORDERS Number Percent Cumulative ---------------------- ___-_-____ -__ _-____ 1 = YES 8 40.0 % 40.0 % 2 = NO 12 60.0 % 100.0 % 5 = UNCERTAIN 0 0.0 % 100.0 % 9 = NA 0w --0'0 % 100-0-- _--- Total 20 100.0 8 100.0 8 Missing cases = 0 Response percent = 100.0 Bar Graph of AGENCY HAS USE OF PORTABLE RECORDERS Percent of Total ` Value Labels 0 10 20 30 40 50 60 70 80 90 100 ---------- YES __-_-_-_YES ******* * *********** ( 8 ) NO12 ) UNCERTAIN '` t 0 ) NA * 0 INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION WOULD USE EQUIPMENT IF NO OR LOW COST Number Percent Cumulative ------ ------ ------- ---------- 1 - YES 16 80.0 % 80.0 % 2 = NO 2 10.0 % 90.0 % 5 = UNCER_ TAIN 2 10.0 % 100.0 % 9 = NA 0 0.0 8 100.0 % Total 20 100.0 $ 100.0 8 Missing cases 0 Response percent = 100.0 $ Bar Graph of WOULD USE EQUIPMENT IF NO OR LOW COST Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 YES ***************************************** ( 16 ) NO ****** ( 2 ) UNCERTAIN ****** ( 2 ) NA * ( 0 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION FREQUENCY USE NO OR LOW COST EQUIPMENT Number Percent Cumulative ---------------------------------------- ----- ------ ---------- 1 = DAILY 0 0.0 % 0.0 8 2 - WEEKLY 4 20.0 % 20.0 % 3 = MONTHLY 4 20.0 . 8 40.0 8 4 = OCCASIONALLY 9 45.0 8 85.0 8 9 = NA 3 15.0 8 100.0 8 Total 20 100.0 $ 100.0 8 Missing cases = 0 Response percent 100 .0 8 Bar Graph of FREQUENCY USE NO OR LOW COST EQUIPMENT Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . l . . . . l . . . . ! . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 DAILY * ( 0 ) WEEKLY *********** ( 4 ) MONTHLY *********** ( 4 ) OCCASIONALLY *********************** ( 9 ) NA ******** ( 3 ) aINSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION AGENCY UTILIZED------ ------------------------ TRAINING BYCABLECO. Number Percent Cumulative 1 = YES 3 15.0 8 15.0 % 2 - NO 16 80.0 8 95.0 8 8 = DONT KNOW 0 0.0 % 95.0 8 9 NA ____1_ __5.0% 100_0 % Total 20 100.0 8 100.0 8 Missing cases = 0 Response percent = 100.0 Bar Graph of AGENCY UTILIZED TRAINING BY CABLE CO. Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 —..—.--a.-----�+ 1 • s • • � • s • • � • • • • l • sw • 1 • a • • 1 • • • r1r • • • 1 • • • • � • • • • � • • • • 1 YES ******** ( 3 } NO16 ) DONT KNOW * ( 0 ) NA ** ( 1 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION HOW MANY UTILIZED TRAINING Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = 2 10.0 % 10.0 % 2 = 1 5.0 % 15.0 8 8 = 1 5.0 % 20.0 % 9 = 16 80.0 8 100.0 % ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases 0 Response percent = 100.0 $ Bar Graph of HOW MANY UTILIZED TRAINING Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 -----1 *** * ( 2 ) 2 *** ( 1 ) g *** ( 1 ) g 16 ) Ct :.. INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION WOULD STAFF TARE PRODUCTION COURSE Number Percent Cumulative -------------=-------------------------- ------ ------ ---------- 1 = YES 15 75.0 8 75.0 8 2 = NO _ 4 20.0 % 95.0 % 5 = UNCERTAIN 1 5 .0 % 100.0 % 9 = NA 0 0.0 % 100.0 % ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent 100.0 % Bar Graph of WOULD STAFF TARE PRODUCTION COURSE Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 -------- 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! YES ************************************** ( 15 ) NO *********** ( 4 ) UNCERTAIN *** ( 1 ) NA * ( 0 ) a 1 INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION AGENCY USE CABLE FOR Number Percent Cumulative 1 = TELECONFERENCE 1 5.0 % 5.0 % 2 = IN SERVICE TRAIN 1 5.0 % 10.0 8 5 =NONE OF ABOVE 18 90.0 % 100.0 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 % 100.0 $ Missing cases = 0 Response percent 100.0 $ Bar Graph of AGENCY USE CABLE FOR Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------ i . . . . l . . . . l . . . . l . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . ! TELECONFERENCE *** ( 1 ) IN SERVICE TRAIN *** ( 1 ) NONE OF ABOVE ********************************************** ( 18 ) NA * ( 0 ) •INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION HOW MANY LOCATIONS IN ITHACA Number Percent Cumulative 1 = 13 65.0 8 65.0 % 2 = 1 5.0 % 70.0 % 3 = 1 5.0 % 75.0 8 5 = 2 10.0 8 85.0 % 8 = 2 10.0 8 95.0 % 9 = 1 5.0 8 100.0 % Total 20 100.0 8 100.0 $ Missing cases = 0 Response percent 100.0 $ Bar Graph of HOW MANY LOCATIONS IN ITHACA, Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ l . . . . l . . . . l . . . . l . . . . l . . . . l . . . . l . . . . l . . . . l . . . . 1 . . . . 1 13 -) 2 *** ( 1 ) 3 *** ( 1 ) 9 *** ( 1 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION AGENCY COULD UTILIZE INSTITITIOAL CHANS. Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = YES 13 65.0 8 65.0 % 2 = NO 5 25.0 % 90.0 % 5 = UNCERTAIN 2 10.0 % 100.0 8 9 = NA 0 0.0 8 100.0 % Total 20 100.0 % 100.0 $ Missing cases = 0 Response percent = 100.0 % Bar Graph of AGENCY COULD UTILIZE INSTITITIOAL CHANS. Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! YES ********************************* ( 13 ) NO ************* ( 5 ) UNCERTAIN ****** ( 2 ) NA * ( 0 ) INSTITUTIONAL ASCEx•iHtixrica._ FREQUENCY DISTRIBUTION USE OF COMMUNITY BULLETIN BOARD Number Percent Cumulative ---------------------------------------- ------ ------- ---------- 1 = NO INTEREST 0 10.0 % 0.0 % 2 = LITTLE INTEREST 0 0.0 % 0.0 8 3 = MODERATE INTERES 8 40.0 % 40.0 % 4 = GREAT INTEREST 12 60.0 8 100.0 % 8 = UNCERTAIN 0 0 .0 % 100.0 8 9 = NA 0 0.0 % 100.0 % ------ ------- ------- Total 20 100.0 % 100.0 % Missing cases - 0 Response percent = 100.0 $ Bar Graph of USE OF COMMUNITY BULLETIN BOARD Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 l . . . . 1 . . . . t . . . . l . . . . l . . . . ! . . . . 1 . . . . ! . . . . ! . . . . ! . . .100 NO INTEREST _ LITTLE INTEREST * 0 MODERATE INTERES *** ****************** 8 G INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION CABLED IN SERVICE TRAINING Number Percent Cumulative 1 = NO INTEREST 4 20.0 % 20.0 % 2 = LITTLE INTEREST 3 15.0 % 35.0 % 3 = MODERATE INTERES 6 30.0 % 65.0 % 4 = GREAT INTEREST 7 35.0 % 100.0 % 8 = UNCERTAIN 0 0.0 % 100.0 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 % 100 .0 % Missing cases = 0 Response percent = 100.0 % Bar Graph of CABLED IN SERVICE TRAINING Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! NO INTEREST *********** ( 4 ) LITTLE INTEREST ******** ( 3 ) MODERATE INTERES **************** ( 6 ) GREAT INTEREST ****************** ( 7 ) UNCERTAIN * ( 0 ) NA * ( 0 ) INSTfTUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION USE OF PRODUCTION EQUIPMENT Number Percent Cumulative 1 = NO INTEREST 0 0.0 % 0.0 % 2 = LITTLE INTEREST 5 25.0 % 25.0 % 3 = MODERATE INTERES 10 50.0 % 75.0 % 4 = GREAT INTEREST 5 25.0 % 100.0 % 8 = UNCERTAIN 0 0.0 % 100.0 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 8 100.0 % Missing cases = 0 Response percent = 100.0 % Bar Graph of USE OF PRODUCTION EQUIPMENT Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . l . . . . I . . . . l . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . ! .. . . 1 . . . . ! NO INTEREST * ( 0 ) LITTLE INTEREST ************* ( 5 ) MODERATE INTERES ************************** ( 10 ) GREAT INTEREST ************* ( 5 ) UNCERTAIN * ( 0 ) NA * ( 0 ) X-NSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION TRAINING IN PROGRAM PRODUCTION Number Percent Cumulative 1 = NO INTEREST 2 10.0 % 10.0 % 2 = LITTLE INTEREST 3 15.0 % 25.0 % 3 = MODERATE INTERES 7 35.0 % 60 .0 % 4 = GREAT INTEREST 8 40.0 % 100.0 % 8 = UNCERTAIN 0 0.0 % 100.0 % 9 = NA 0 0.0 % 100.0 % Total 20 100.0 % 100.0 $ Missing cases = 0 Response percent = 100.0 % Bar Graph of TRAINING IN PROGRAM PRODUCTION Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! NO INTEREST ****** ( 2 ) LITTLE INTEREST ******** ( 3 ) MODERATE INTERES ****************** ( 7 ) GREAT INTEREST ********************* ( g ) UNCERTAIN * ( 0 ) NA * ( 0 ) - .. 1NSTYTUTIONAL ASCERTAINMENT FREQUENCY_DISTRIBUTION FIRE AND SECURITY ALARM Number Percent Cumulative 1 = NO INTEREST 5 25.0 % 25.0 % 2 = LITTLE INTEREST 2 10.0 % 35.0 % 3 = MODERATE INTERES 4 20.0 % 55.0 % 4 = GREAT INTEREST 5 25.0 % 80.0 % 8 = UNCERTAIN 3 15.0 % 95.0 % 9 = NA 1 5.0 % 100.0 8 ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent 100.0 $ Bar Graph of FIRE AND SECURITY ALARM Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . ! . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 NO INTEREST ************* ( 5 ) LITTLE INTEREST ****** ( 2 ) MODERATE INTERES *********** ( 4 ) GREAT INTEREST UNCERTAIN ******** ( 3 ) NA *** ( 1 ) .ems,%:P-t - _.. I'NSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION MEDICAL ALERT Number Percent Cumulative ---------------------------------------- ------ -------- ---------- 1 = NO INTEREST 6 30.0 % 30 .0 % 2 - LITTLE INTEREST 2 10.0 % 40.0 % 3 - MODERATE INTERES 7 35.0 % 75.0 % 4 = GREAT INTEREST 4 20.0 % 95 .0 % 8 = UNCERTAIN 1 5.0 % 100.0 % 9 = NA 0 0.0 % 100.0 8 Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent 100.0 $ Bar Graph of MEDICAL ALERT Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . l . . . . l . . . . 1 . . . . 1 . . . . l . . . . l . . . . l . . . . ! 1 NO INTEREST **************** ( 6 ) LITTLE INTEREST ****** ( 2 ) MODERATE INTERES ****************** ( 7 ) GREAT INTEREST *********** { 4 ) UNCERTAIN *** ( 1 ) NA * ( 0 ) '.. yn.....�.-.ate w+S3ERti'�".a+n�"x mss•:r. �..""C'a'=sis�+er44RFFi`nS"rsai-.-...,..��.• e INSTITUTIONAL ASCERTAINMENT - FREQUENCY DISTRIBUTION ACCESS TO LOCAL DATA BANKS Number Percent Cumulative . ------ ------ 1 - NO INTEREST 2 10.0 % 10.0 % 2 - LITTLE INTEREST 2 10.0 % 20.0 % 3 - MODERATE INTERES 6 30.0 % 50.0 % 4 - GREAT INTEREST 9 45.0 % 95.0 % 8 - UNCERTAIN 1 5.0 % 100.0 % 9 - NA 0 0.0 % 100.0 8 Total 20 100.0 $ 100.0 8 Missing cases = 0 Response percent - 100.0 % Bar Graph of ACCESS TO LOCAL DATA BANKS Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ NO -----NO INTEREST ****** ( 2 ) LITTLE INTEREST ****** ( 2 ) ' MODERATE INTERES **************** ( 6 ) GREAT :INTEREST *********************** ( 9 ) UNCERTAIN *** ( 1 ) NA * ( 0 ) INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION VIDEO TELECONFERENCING Number Percent Cumulative 1 = NO INTEREST 1 5.0 8 5.0 8 2 = LITTLE INTEREST 6 30.0 % 35.0 8 3 = MODERATE INTERES 5 25.0 8 60.0 8 4 = GREAT INTEREST 8 40.0 8 100.0 8 8 = UNCERTAIN 0 0.0 8 100.0 8 9 = NA 0 0.0 % 100.0 8 Total 20 100.0 8 100.0 8 Missing cases = 0 Response percent = 100.0 8 Bar Graph of VIDEO TELECONFERENCING Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ NO ----------NO INTEREST *** ( 1 ) LITTLE INTEREST **************** ( 6 ) MODERATE INTERES ************* ( 5 ) GREAT INTEREST ********************* ( 8 ) UNCERTAIN * ( 0 ) NA * ( 0 ) INSTITUTIONAL ASCERTAINMENT - . FREQUENCY DISTRIBUTION ELECTRONIC MAIL Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = NO INTEREST 1 5.0 % 5 .0 % 2 = LITTLE INTEREST 4 20.0 % 25.0 % 3 = MODERATE INTERES 7 35.0 % 60.0 % 4 = GREAT INTEREST 7 35.0 % 95.0 % 8 = UNCERTAIN 0 0.0 % 95.0 % 9 = NA 1 5.0 % 100.0 % Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent = 100.0 % Bar Graph of ELECTRONIC MAIL Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! NO INTEREST *** ( 1 ) LITTLE INTEREST *********** ( 4 ) MODERATE INTERES ****************** ( 7 ) GREAT INTEREST ****************** ( 7 ) UNCERTAIN * ( 0 ) NA *** ( 1 ) I INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION DOCUMENT TRANSFER Number Percent Cumulative ---------------------------------------- ------ ------- ---------- 1 = NO INTEREST 2 10.0 % 10 .0 $ 2 = LITTLE INTEREST 1 5.0 % 15 .0 $ 3 = MODERATE INTERES 7 35 .0 % 50 .0 % 4 = GREAT INTEREST 9 45 .0 % 95 .0 % 8 = UNCERTAIN 0 0.0 % 95 .0 % 9 = NA 1 5.0 % 100 .0 % ------ ------- ------- Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent = 100 .0 % Bar Graph of DOCUMENT TRANSFER Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ 1 . . . . 1 . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! . . . . 1 . . . . 1 . . . . ! NO INTEREST ****** ( 2 ) LITTLE INTEREST *** ( 1 ) MODERATE INTERES ****************** ( 7 ) GREAT INTEREST *********************** ( 9 ) UNCERTAIN * ( 0 ) NA - *** ( 1 ) 1 c INSTITUTIONAL ASCERTAINMENT FREQUENCY DISTRIBUTION - INTERCONNECTION TO OTHER INSTITUTIONS Number Percent Cumulative ---------------------------------------- ------ ------ ---------- 1 = NO INTEREST 1 5.0 8 5 .0 $ 2 = LITTLE INTEREST 2 10.0 % 15.0 $ 3 = MODERATE INTERES 8 40.0 % 55.0 $ 4 = GREAT INTEREST 7 35.0 % 90.0 $ 8 = UNCERTAIN 2 10.0 % 100.0 $ 9 = NA 0 0.0 8 100.0 $ Total 20 100.0 $ 100.0 $ Missing cases = 0 Response percent = 100.0 $ Bar Graph of INTERCONNECTION TO OTHER INSTITUTIONS Percent of Total Value Labels 0 10 20 . 30 40 50 60 70 80 90 . 100 - ------------ 1 . . . . l . . . . l . . . . l . . . . l . . . . l . . . . l . . . . l . . . . t . . . . l . . . . t - NO INTEREST *** ( 1 ) LITTLE INTEREST ****** ( 2 ) MODERATE INTERES ********************* ( 8 ) GREAT INTEREST ****************** ( 7 ) UNCERTAIN ****** ( 2 ) t; FREQUENCY DISTRIBUTION -h INTERCONNECTION TO OTHER TOWN Number Percent Cumulative R ---------------------------------------- ------ ------- ---------- I --------- 1 = NO INTEREST 3 15.0 % 15 .0 % 2 = LITTLE INTEREST 3 15.0 % 30.0 % 3 = MODERATE INTERES 5 25.0 % 55.0 % 4 = GREAT INTEREST 7 35.0 % 90.0 % 8 = UNCERTAIN 1 5 .0 % 95.0 % 9 = NA 1 5.0 % 100.0 % Total 20 100.0 % 100 .0 % Missing cases = 0 Response percent = 100.0 % Bar Graph of INTERCONNECTION TO OTHER TOWN Percent of Total Value Labels 0 10 20 30 40 50 60 70 80 90 100 ------------ I . . . . l . . . . l . . . . l . . . . l . . . . 1 . . . . 1 . . . . I . . . . 1 . . . . l . . . . ! NO INTEREST ******** ( 3 ) LITTLE INTEREST ******** ( 3 ) MODERATE INTERES ************* ( 5 ) GREAT INTEREST ****************** ( 7 ) UNCERTAIN *** ( 1 ) NA *** ( 1 ) 3 A AMERICAN COMMUNITY CABLEVISION Franchise Renewal Notebook City of Ithaca This notebook has been prepared by American Community Cablevision to offer information regarding the franchise renewal process for the City of Ithaca. (We have organized this notebook in a way that will allow us to easily provide additional information. ) We have also provided a copy of the Cable Communications Act of 1984 for reference during franchise discussions. All of this information has been provided to the Cable Commission during the past two years as part of the ascertainment hearings process. We hope that members of Common Council and the Cable Commission will find this information useful during the coming negotiations. We also suggest that members of the media keep this notebook in a central location so that reporters covering the negotiations will be able to reference this material. We will mail additions to this notebook directly to the news director or editor of your news organization. Finally, we want to stress that we are available at any time to answer questions or to discuss issues relating to the renewal of our franchise with the City of Ithaca. Please ask for our General Manager, Georgia Griffith, when you call us at 272--7875 . page 0.1 a �/ �/ AMERICAN COMMUNITY CABLEVISION Franchise Renewal Notebook City of Ithaca Contents Section Contents 0 Introduction and Contents 1 The Franchise Renewal Process 2 ACC Background and Accomplishments 3 Pricing 4 Customer Service and Technical Performance 5 Programming and Channel Capacity 6 Local Programming and Public Access 7 Two-Tway Cable and Data Transmission 8 Other Issues Appendices A Cable Communications Act of 1984 B 1986 Annual Report to The City of Ithaca page 0.2 THE FRANCHISE RENEWAL PROCESS The process of renewing a cable operator' s franchise is clearly outlined in Section 626 of the Cable Communications Act of 1984. This section charges the municipality (the City) awarding a franchise with opening ascertainment hearings to gather public comment on two broad topics: 1) identifying the future cable-related community needs and interests; and 2) reviewing the performance of the cable operator under the current franchise. Once the ascertainment hearings are completed, the cable operator (ACC) may use this information to submit a proposal for renewal . ACC may submit this proposal at any time, though we have stated throughout the ascertainment hearings that we would prefer to wait until the City prepares a request for proposal that includes the City' s expectations for the future of cable service in Ithaca. The City has until four months after the ascertainment hearings are concluded to vote yes or no on ACC' s proposal for renewal. The City can also, on its own or at ACC' s request, ask for an administrative hearing to be held to determine whether or not the proposal should be accepted. In either case, four criteria must be used to evaluate ACC' s proposal. They are: 1 ) Whether ACC has substantially complied with the material terms of the existing franchise and all applicable laws governing cable television; 2) Whether the quality of ACC' s service, including signal quality, response to consumer complaints and billing practices has been reasonable in light of community needs. The City may not deny ACC a franchise renewal based on the programming services provided by ACC. 3) Whether ACC has the financial, legal and technical ability to provide the services, facilities and equipment outlined in the franchise renewal proposal. 4) Whether ACC' s proposal is reasonable to meet the future cable-related community needs and interests. The City must consider the cost of meeting such needs when making this determination. Should the City reject ACC' s renewal proposal based on items (1 ) and (2 ) above, it must produce evidence that it notified ACC of the problem, gave ACC the opportunity to solve it, and that ACC did not respond to this notice. page 1 .1 '� 216.181 AMERICAN COMMUNITY CABLEVISION Fact Sheet Service Area: Tompkins County (except Enfield) Town and Village of Candor Town and Village of Newark Valley (separate system) Total Customers: 24,000 Total Employees: 65 plus 18-20 college interns Services Offered: Broadcast: WIXT, WMGC, WTVH & WCNY (Syracuse) ; WSKG, WBNG, WICZ (Binghamton) ; WENY (Elmira) Broadcast Distant Si nals: WOR, WPIX, WNYW (New York) , WVIA Scranton Premium Channels: Home Box Office (HBO) , Cinemax, The Disney Channel Satellite-delivered: The Weather Channel, The Learning Channel, Cable News Network, ESPN, USA Network, ESPN, Arts & Entertainment Network, Nickelodeon, MTV, C-SPAN, FNN-Score Other Programming: Pay- Per-View (movies and specials on a per-event basis Local Programming: Cable 13 (Public Access) Other Services: Cable NewsCenter 7 Live, local nightly news at 6 & 11 p.m. CableAds Local advertising on CNN, USA, ESPN, MTV and Cable NewsCenter 7 Studio 517 West Local video production X*Press -- Computer Information Service CableWatch Monthly Programming Guide TVRO Programming Sale of programming subscriptions for satellite dish owners zl�tee PRICING ACC charges monthly prices that compare favorably with regional and national averages. A full description of our pricing schedule can be found on the following page. Beginning March 1, 1987 our monthly price for 12-•channel basic service will increase from $8.00 to $8.50, a 6.25 percent increase. This change is the direct result of increased business costs and will enable us to maintain the quality of service our customers have come to expect. This price increase is entirely legal, despite some talk among City officials that we may be in violation of our current franchise. The Cable Act of 1984 deregulated all cable prices in all markets with effective competition as of December 29, 1986. The purpose of this law was to allow cable operators to set prices according to market conditions, which in turn will allow cable operators to be more responsive to cable customers requests for programming and service. City officials have noted a clause in our current franchise that says rates would remain at $8.00 per month for basic cable until U January 20, 1988. The Cable Act of 1984 voids any clause relating to rate regulation in any franchise. page 3 .1 � Z111 s, ACC `./AMERICAN COMMUNITY CABLEVISION NEW PRICES IN EFFECT Some of your March Cable bills will contain a small pricejncreass.We will be increasing the monthly price for basic service in all service areas from $8.00 to $8.50 effective March 1. All other charges for cable programming will remain the same. Customers who have taken advantage of our Performer and Showcase packages(customers with two or all three of our premium services)will not see an increase In their total bill.We have increased the discount for customers receiving this level of service in order to keep your total cost for cable service at the same level. A complete listing of all prices can be found below. A6 Y4 percent price increase for basic service is due to increases In ourcost of doing business.It will help us maintain the high level of programming g0ality and customer service which you expect from ACC. We have also adjusted our installation and general service prices lin some areas to standardize these charges. Should you have questions about your cable bill,please call our customer service number at 272-3456.We are open from 8:30 a.m.to 7 p.m.Monday through Friday.and from 9 a.m.to noon on Saturday. MONTHLY PRICES Basic Tier Expanded Tier Basic Expanded Additional Additional Tier Tier Outlet/FM Outlet 'Tompkins County $8.50 $4.00 $2.50 $4.00 Candor 'All prices in Newfield are discounted 5%. MONTHLY DISCOUNT PACKAGES The Starter The Entertainer Basic 3 Expanded ......................... $12.50 Basic 3 Expanded ......................... $12.50 Remote Control ............................ 4.00 Remote Control ............................ 4.00 Retail Value ............................... 16.50 1 Premium Channel ........................ 10.95 Discount ................................... .1.00 Retail Value ............................... 27.45 Package Price ............................. 15.50 Discount ................................... .2.00 Package Price ............................. 25.45 The Performer The Showcase Basic& Expanded ......................... $12.50 Basic&Expanded ......................... $12.50 Remote Control ............................ 4.00 Remote Control ............................ 4.00 2 Premium Channels ....................... 21.90 3 Premium Channel ........................ 32.85 Retail Value ............................... 38.40 Retail Value ............................... 49.35 Discount ................................... -7.50 Discount .................................. •11.40 Package Price ............................. 30.90 Package Price ............................. 37.95 MONTHLY RETAIL PRICES HBO ............................... $10.95 CINEMAX .........:................ 10.95 DISNEY ............................ 10.95 Remote Control ..................... 4.00 FM Cable Stereo ..................... 2.50 X'Press Computer Service .......... 24.95 INSTALLATION CHARGES (Installation service now available on Saturdays) New account where cable already exists ..................................................... $15.00 New account where no cable exists ......................................................... 25.00 Adding or changing a service ................... ........................................... 10.00 Transfer service to new address where cable exists ............................................ 15.00 Install/hookup extra outlet ................................................................ 15.00 Install/hookup VCR or FM cable (from existing outlet) .......................................... 5.00 Relocate outlet.same room ................................................................ 10.00 Relocate outlet,different room . ............................................................ 15.00 Refundable deposit on each channel selector ................................................ 1000 Refundable deposit on each AIB switch (VCRs) ............................................... 10.00 There is no charge for service calls"" 9 l 87 519 West State Street Ithaca, New York 14850 607-272-3456 EFFECTIVE COMPETITION The City of Ithaca (and all of Tompkins County) has been declared a competitive marketplace by the Federal Communications Commission, eliminating any regulation of ACC' s prices. A competitive marketplace is determined by the number of broadcast channels available off-pair within a community. A marketplace is considered competitive if it passes one or both of two FCC tests. The first test is significant viewership of a channel. If a channel appears on the FCC' s list of significantly-viewed channels for a county, it is presumed to be available off-air for the entire county. If three significantly viewed and non-duplicated channels are available in a county, then all cable franchises operated by the same company within that county are deemed to operate in a competitive marketplace. The significantly-viewed channels on the FCC list for Tompkins County are Syracuse channels WSTM-3 (NBC) , WTVH-•5 (CBS) and WIXT 9 (ABC) , plus Binghamton channel WBNG-12 (CBS) . Three significantly=viewed and non-duplicated channels are available in Tompkins County, placing us in a competitive market. The second FCC test relates to the signal strength predicted for the grade B countour that individual broadcast stations file with the FCC. If any point of a cable franchise falls within the grade B contour of three non--duplicated broadcast stations, then that franchise is considered a competitive marketplace. The City of Ithaca falls within the grade B countour of 9 broadcast stations representing four networks. Ithaca is clearly a competitive marketplace under this test. The City can appeal this judgment, asking the FCC to declare Ithaca a non-competitive marketplace. That waiver can be granted only if the City can produce evidence that no broadcast signals can be received off-pair within the City of Ithaca. According to tests we conducted on January 22, 1987, a total of nine broadcast signals, including three from each of the major networks, can be received off•-air in the City. A summary of our test results follows . These tests were conducted using antenna equipment costing $113.20 and purchased that morning at Radio Shack, indicating that equipment for reasonable off-air reception is readily available on the consumer market. page 3 .3 � Zlgt81 EFFECTIVE COMPETITION (con' t) It is a common misconception that the only way to receive broadcast television signals in Ithaca is by subscribing to cable. Reasonable quality broadcast signals are received throughout the City and any consumer who purchases proper antennas ranging in price up to $500 as millions of consumers have done throughout the country -- can further enhance these signals. Because cable television has been available in Ithaca at very reasonable cost since 1952, most residents of this area have not purchased antennas and have chosen instead to enjoy the consistent quality and convenience of cable service. The FCC definition of a competitive marketplace has been challenged in Federal Court. Arguments were heard during late January that could eliminate these rules and leave us without a definition of a competitive marketplace. A decision is expected in late February or early March. page 3 .4 � Z1918� t BROADCAST SIGNAL STRENGTH TESTS City of Ithaca Conducted January 22, 1987 These tests were conducted at several points located within -the City of Ithaca . The entire range of potential broadcast signals were scanned. Weather conditions on the day of test were very poor, with a blizzard affecting the area. An important point to consider when reviewing the signal levels below is that signal strength is not alone indicative of good quality broadcast television reception. Broadcast pictures are affected by a range of factors, including terrain, electrical fields, buildings, weather and other types of broadcast transmissions. Many of these factors can vary from day to day, and even hour to hour . Many of these factors can be compensated for by purchasing proper receiving equipment that is readily available on the consumer market. One advantage of cable television service is that we process the broadcast signals before transmitting them to the customers, offering convenience and a consistent signal as part of our service. The equipment used was all purchased at Radio Shack and is all readily available to the consumer . Equipment used included a V- 110 VHF antenna (cost: $32 .95 ) , a U-120 UHF antenna ($34.95) , a 25 db pre-amplifier ( $34 .95) , and an FM signal trap ($2 .95) . The latter two items are commonly used in home antenna systems to moderate picture quality and to eliminate FM radio interference. The test results: Test Point Channel Signal Received Level Taylor P1 . & WBNG-12 Bing. +16 db Cliff Park Rd. WTVH-5 Syr . +12 db WIXT-9 Syr. +8 db WSTM-3 Syr . +15 db Hudson Pl . & WBNG-12 Bing. +11 db Coddington Road WTVH-5 Syr . +11 db WIXT-9 Syr . +13 db WSTM--3 Syr . +17 db Willow Ave . & WBNG-12 Bing. +16 db W. Lincoln St . WSTM-3 Syr . +8 db WICZ-40 Bing. +5 db P� 3.s 'Z CUSTOMER SERVICE AND TECHNICAL PERFORMANCE Customer Service ACC has established itself as a company that is very responsive to the needs of its customers. Recent surveys, including one conducted last summer by Rice Associates, the City' s cable television consultant, bear out the fact that our customers are generally pleased with the level of customer service they receive. Among the highlights of the Rice Associates' survey: **Almost 94 percent (93.8) of those surveyed said they were satisfied with our installation service. **Ninety (90) percent of those surveyed said they were satisfied with the quality of picture they receive. Forty- three percent (43) said the picture quality was excellent or above excellent. This is especially noteworthy given the fact that our system is more than 20 years old in most places and considerably more than that in many. **Ninety-five (95) percent of those surveyed rated our installation and repair employees as average or better; 52 percent rated us as excellent or above average. **Ninety-three (93) percent of those surveyed rated our sales staff as average or better. **Ninety-two (92) percent rated our office staff as average or better. **Eighty-six percent of those surveyed said they have never had a "billing problem. " Research we have conducted indicates that most "billing problems" are simply questions that arise when service levels are changed. Most are easily answered. **Seventy-eight (78) percent of those surveyed had never had a cable problem that required repairs. Rice Associates noted that this compares favorably to the 72 percent figure they average in other surveys. This repair record is again noteworthy given the age of our cable system. See page 4.2 for references to New York State and FCC technical performance tests. page 4.1 zlg 187 CUSTOMER SERVICE AND TECHNICAL PERFORMANCE (con' t) ACC' s customer service performance is the result of a concerted effort on our part. During the past three years alone we have tripled our business office staff, doubling the number of people available to answer the phone, upgraded our telephone system twice, upgraded our billing system to include itemized bills, split our billing into two groups to make it easier to respond to customer questions when bills arrive, and started an effective collections effort designed to help customers stay currrent with their cable payments. We also invest heavily in staff training, including weekly sessions and periodic review classes. Technical Performance Our physical cable plant -- the wires on the poles is more than 20 years old throughout the system, and much of our plant within the City is more than 30 years old. Generally speaking, older cable plant is harder to maintain, generating additional service calls and affecting customer satisfaction. ACC is clearly an exception to this rule. Despite the age of our plant, an aggresive maintenance program has prevented serious problems and has made it possible for us to reduce service calls by 36 percent over a 2-year period. From July 1985 to July 1986 alone, we reduced the number of service calls by 27 percent alone. And while our actual cable is old, equipment for gathering and transmitting the signal is state-of-art. Our signal reception and processing equipment is less than three years old and regularily updated, and the channel selectors we use to provide the Expanded Tier and Premium services are fully addressable, among the most modern in use today. Our performance on the state and Federal tests of our system have been outstanding. We have consistently exceeded requirements on the annual FCC Proof of Performance test the 1985 and 1986 reports have been forwarded to the City Office of Planning and Development show a system running smoothly. The New York State tests conducted in 1985 were excellent. The latest New York State Cable Commission review of our system was completed at the end of January. Preliminary reports again give us very high ratings; the final report should be available in early March. page 4.2 zh l%1 PROGRAMMING AND CHANNEL CAPACITY American Community Cablevision currently provides 25 channels of service, the maximum number of channels our physical plant can support. We have made every effort to provide the best possible programming, based on what our customers tell us they want, within the limits of our system. The limited channel capacity of our system means that we must rebuild our cable plant in order to offer additional sources of programming. We would like to add channel capacity and have indicated throughout the ascertainment hearings a willingness to rebuild our plant once community needs are clearly identified and a franchise has been signed. Because of the high cost of constructing cable plant ( industry averages are $15-18,000 per mile, a total of $1 .2-1 .4 million to rebuild Ithaca' s 77.5 miles) we feel we must have signed a new franchise before rebuilding. In 1984, we changed our channel lineup to include a tier of satellite-delivered cable television services and two additional premium services. In 1986, in response to a consumer survey, we eliminated two character-generated channels and replaced them with video programming. At that time, we also replaced a duplicated network affiliate and added The Weather Channel . Our programming philosophy is to select among the programming available the services that will provide the mix of programming types our community wants. Our customers tell us we've been successful because they feel they get good value from their cable service. The Rice Associates survey conducted in 1986 indicated that 7 of 10 basic customers felt they received a good value for their dollar from ACC, and that 8 of 10 Expanded Tier customers felt they received good value. It is important to note that the Cable Act of 1984 prohibits the City from dictating specific programming sources to be carried by ACC. The City can identify broad types of programming it feels are necessary for the community, but ACC has retains the right to select the specific programming sources to meet those needs. P� 5%t LOCAL PROGRAMMING AND PUBLIC ACCESS Local programming at ACC involves three internal departments, two external programming organizations, more than 200 qualified volunteers, one full channel and portions of another. During December 1986, we cablecast a weekly average of 67 programs - - with 46 of those programs first-run totaling 35.5 hours of local programming. Some 30.5 hours of that programming was cablecast on Cable 13, our public access channel. Market research tells us that the area we serve enjoys programs that provide information about and discussion of a wide range of topics, and that our community likes to see and hear about itself. Our local programming serves as a forum for our community to exchange information and ideas. Cable 13 is our community access channel . At yearend 1986 twenty-two programs were being produced on a regular basis through our facility; 17 of these programs are produced by community volunteers. Most of these programs are cablecast weekly. Programming on Cable 13 covers the full spectrum of possibilities, including news, public affairs, religious, sports and entertainment programming. Our programming staff produces four weekly programs and one monthly program. The weekly programs cover local government, profile community service organizations, highlight activities of our local United Way agencies, and provide updates on local health-care issues. Our monthly NewsForum 13 program features a "Meet The Press"- style format with local media representatives questioning community leaders. In addition, our programming staff has produced special programs featuring subjects such as local elections, community events and celebrations, conferences and symposiums, and current issues on a regular basis. Cable 13 facilities are open to any member of the community who completes a training course or demonstrates proficiency with video equipment. We offer a three-week training course each month, and average approximately 20 people per session. In addition, we offer monthly seminars covering subjects such as lighting, directing, publicity and graphics. Two local organizations also cablecast eight months per year as part of Cable 13 ' s overall programming mix. The Ithaca College School of Communications, considered one of the finest television-radio programs in the country, provides a total of 7 1/2 hours of programming each week. And the Tompkins County Public Library provides a total of five hours per week of programs. Both sources add their unique perspectives on our community, broadening the range and type of programs available through Cable 13 . Page 6.1 -4,Is.1 LOCAL PROGRAMMING AND PUBLIC ACCESS (const) Our support of Cable 13 and public access clearly goes beyond the requirements stated in the franchise. The second arm of our local programming mix is Cable NewsCenter 7, a broadcast--style news program that concentrates on local news. The program is cablecast live weeknights at 6 p.m. and 11 p.m. We have organized our company so that CNC7 is advertising supported, with facilities separate from those of public access. The third leg of our programming mix is our production unit. This unit produces local commercials and industrial videotape, but it also fits into our local programming scheme through the range of local public service announcements it produces. PSAs are cablecast on Cable 13, Cable NewsCenter 7 and on four satellite delivered channels. Page 6. 2 7-jot 113 TWO-•WAY CABLE AND DATA TRANSMISSION There has been considerable discussion during the past two years about the need for two-sway cable in Ithaca. Two-sway cable has the capability of carrying cable programming and/or data signals in both directions along the cable path. Traditional cable plant carries signal in only one direction, from the transmission site to the customer . We currently provide limited two-•way service in Ithaca, including a data line for Cornell University and video return paths making cable transmissions possible from Ithaca College, the Public Library and City Hall. Most of the discussion about two-way cable has centered around data services, given cable ' s very fast and exceptionally clean data transmission capability. Our concern is that the cost of building and maintaining two-sway cable is very high, generally 50 percent higher to build and as much as two times higher to maintain. We are concerned that such additional costs may not be recovered without significant impact on customer prices. Two-Tway cable is generally constructed in one of two ways - - providing universal access to the service to every customer or through an institutional network ( I-net) built separately from the regular cable system that provides two-sway cable only to the areas or customers most likely to use two-way services. Rice Associates 1986 survey showed that only 9 percent of Ithaca customers (approximately 720 customers in the City and 900 including the City, Cayuga Heights and the Town of Ithaca) would be willing to pay an additional $15 per month for access to two- way cable, a price that is on the low end of prices charged throughout the country for two-way service. We feel that building a cable system that costs at least 50 percent more to serve 9 percent of our customers is not prudent. Certainly if such a system were built, non-users of the two-sway service would probably have to share the cost of providing and maintaining the service. An institutional network seems more sensible for Ithaca, if any two-sway plant is to be built. Both the City and ACC have tried to identify potential users of such a system in an effort to determine its financial feasibility. On a national scale, I-nets have proven to be the most successful approach to two-way cable. Page 7.1 2'1181 OTHER ISSUES Franchise Fees ACC currently. pays 3 percent of its revenue to the City of Ithaca in the form of franchise fees. During 1986, this amounted to $50, 246, money which was placed into the City' s general fund. The cost of the franchise fee is a business cost to us, one that is calculated into our total costs when we determine our service prices. For example, the total revenue we will generate in the City of Ithaca during the next 12 months from the basic price increase on March 1 will just about equal our franchise fee payments to the City. Under the Cable Act of 1984, the City can ask for an increase in that fee to equal 5 percent of our revenues in a new franchise. We hope the City will work with us to keep cable prices as low as possible by lowering or eliminating the franchise fee or by using it to help pay for public access video facilities and time on public access channels. Page 8.1 2t,�a� � v 5.66 t� �.. Rinntighth a:oqms of tht Un td Mates of Zmaka • AT THE SECOND SESSION Begum and held of the Qty►of iioskt rm on Monday, 9" &Y of!wu"07. one W4owmmd mins hundred and oigAty►f w an za To aavmd the "Web pro ww a aadmga al poliq erdwg Be it enartad by tht Senate and Room of RspnrsnWives of dw United Stora ojAmeriea in Consress assembled WOW TMA TAM OF COlIT!! " SwpoN I. (a) This Act may be cited me the "Cable COmmuniCr tions Polity Act Of 1884". (b)The table of contents for this Act is d follows See. L Short tithe;table of neotsata Sec 2 A=wmdment d Communi-mums Act of flit. "MIZ Vl--CA81i WhOWNICAMONS "Pas l--0sxssu.Pao+nmaw '•Sac SOL Ptupoaa "Sec SOL Defuddaos. "Pse II—Un at Cee:O&wm a&"OwxRasra+t m"s "See- 611. Cable channels for public,eduestianalor powwwwatal om "Sae. 612 Cable channels for mnmeroal me. "Sec 613. Ownership reawieticaa. "PAW M-1L4Xe W)1G WM Raotru►TM "See- 621. Commid franchise rurAramwj. "Sea 622 lhsaehiee fens. . . "Set W. Ratulatioa of rsta "See- 624. Rapulatm d Msryieaa fadlibm and sgwpomm "Se- 626. )tiodibeaU= of haaehsive oblipstioos. "Sre- 626. Reseeral. '•Sea 627. Caadltione efsal& 'Tans N—MesatuMaous PtUl "See- 631. Pmuctian of subrailow prtvoc., "See, 632 Coasumor prosection. "Sia. 533. UeauUmmed norpuon of m6k ear+iaa. "Sea 634. Equal employment opportw itp. "Sec 635. .ludidal prsaaedir4L "See. 636. C.owdinatice of Fedmr4 State,and!oral authwitp. "Sm.-- 637. Esietinp frw=himm "See- 63L Criminal and civil liwbUity. "Sx W. 017 pa6ram bin&m. Bee- L Juriodktioa. Bee- L Foie attachmou* Sae- L Uwwthori:Ad rmmpdea of aartaia esmmunlondoms. Bee- L TwA&kal and amf=munc ameadamm bee- 7. Support d activities of the UoJm d Santee 'hhaommtmiosthoar Tvaisie6 twWWAS. See. L Td.aommuni wUcm Polley S&Wy Commimisa see- !. t6.csin Ota. i :lit &66-2 AMMUCINT OF COACCUM"TAM ACT Or IM Sm 2 71w Commuaicatiom Act of 1831 is amended by inserting after title V the following WW title: 'T=L.E VI—CA BLZ OOM MI IC,A ONS "PAW I--09MMUL FsavaMts "rvsrosss "Sw-601.7U purposes of this title are to-- "(1) establish a national policy oonoerning cable ocmmunica- tionr. "(2) establish franchise procedures and stradards which en. courage the growth and development of cable systems and which assure that able systems are responsive to the needs and interests of the local commuai ,, "(3)establish guidelines for the exercise of Federal.State, and local authority with respect to the regulation of cable systams; I'M:sure that cable communications provide and are eacouz- nged to provide the widest possible diversity of informatics sources and services to the public "(b) establish an orderly prooeGs for franchise renewal which protects cable operators against unfair denial of renewal where the operator's past performance and proposal far future per- formance erformance meet the stRadards established by this title, and "(6) promote competition In cable communications and mini- mize unnecessary repda tion that would impose an undue eco- nomic burden on cable systems. IIVCrWMONI "Scc. 602 For purport-s of this title— "(1) the tcrm aft3liats'. when urA in relation to say p•.,zr.^a. means another perpon who owns or controls, is owned or con- trolled by, or is under common ownership or control with, such p=ea; "(2) the term Uqic cable sonic' means any service tier which includes the retransmission of local television broadcast signals; "(3) the term 'cable channel' or 'channel' means a portion of the electromagnetic frequency spectrum which is used is a cable sysunm and which is le of deliveries a televisiaa 6=1 (as television channel is dedzW by the Commission by reulationr '(4) the term 'cable operator• means any person or `roup of persons (A) who provides cable service over a cable system sad directly or through one or more affiliates owns a significant interest in such cable system,or(H)who otherwise control or is rnponsible for, through any arrangement. the mane;ement and operation of such a cable rystam; "(S)the term 'cable service' mans-- NA) the one-way transmission to subscribers of W Tidso proffraMIMIng.or(ii)other pn, een'ies,and subecsiber iaLrsdiaa, if nay, w is required for the selection of such video p.ogzammoin or other prerrr�- misig ruvia� 8.66—i •'(67 the term 'cable system' swans a facility. consisting of a set of closed transmision pathand seeociated signal genera- tion, . pdm and control eq .pmsnt that L designed to pro. vide cable service which includes video PTopamming and which is providud to multiple subocribors within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broad- cast stations; (B) a facili that roves � sabocribers in 1 or more multiple unit dwal�ings under Common ownership, oon- trol, or pnapment, unless such facility or facilities uses any public right-* t'; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of title II of this Act, except that such facility shall be Considered a cable system (other than for purpoece or eaction 621(c)) to the extent such facility is'used in the transmission of video programming di- rectly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems; "(7) the term 'Federalncy .. means any agency of the United States, including the ' "(6) the term 'franchise' means an initial authorization, or renewal thereof(including a renewal of an authorization which has been granted subject to e±ction 626), issued by a franchising authority, whether such authorisation is designated as a fran- chise, permit, license, resolution. contract, certificate, agree- mens, or otherwise, which authorizes the construction or operation of a cable system; "(9) the term 'franchising authority means an governmental entity empowered by Federal. State, or local law to grant a franchise; "(10)the term 'grade B contour' means the field strength of a television broadcast station computed in accordance with regu- lations promulgated by the Commiaiion; "(11) the t,-am 'other progrvm.ming service' m-rang informa- tion that a cable op:rator makes available to all sub:.''ribars generally; '112) the term 'person' me-= an individuxl, partnership, rur�ociation, joint stxk company, trust, corporation, or govern- mental entity; "(13) the term 'public, educational, or governmental access facilities'means— "(A) channel capacity designated for public, educational, or governmental use;and ' "B) facilities and equipment for the use of such channel "(4pacitr the term 'service tier'means a category of cable service or other services provided by a cable operator and for which a separate rate u charged by the cable operator "(15) the term 'State' means any btats, or political subdivi- sion,or agency thereof;and "(16) the term 'video programming' means programming pro- vided by, or generally considered comparable to programming provided by,a television broadcast station. 'TAX.II—Use of CALIX Ctuxxsu APM Gats OWWMtUV ' Razssc�s "CAats CHAMMS MR rUBUC,ZDMAMMAt,OR OOVZZ"SMAL tns "Scc. 611. (a)A franchising authority may establish requirements in a fmnchira with resto the desigaatma or use of channel capacity for public. educational, or gvvernmantal use only to the ertent provided in this sectiaL "(b) A franchising authority may in its request for propoeaL require as part of a franchise, and may require u pest of a cable operators proposal for a franchise renewal, sub)ed to section GM that channel capacity be designated for public, educational, or begovernmental use. and channel capacity on institutional networks designated for educational or governmental see,and may require rules and procedures for the use of the channel capacity designated pursuant to this extion. "(c) A franchising authority may enforce any requirement in any franchise regarding the providing or ues of such channel capacity. Such enforcement authority includea the authority to enforce any provisions of the franchise for tervices, facilities, or equipment proposed by the cable operator which relate to public, educational. `./ or governmental use of channel capacity,whether or not required by the franchising authority pursuant to subsection ft "(d) In the cam of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe— "M rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such chaaael capacity is not being used for the designated, purposes "(2) rules and rocedures under which such permitted use Shall ae-Ve. "(e) Subjcrt to r--tion SV,(d), a able op=rator ahrll not arertine any editorial o=trol over r.ny public, educational, or governmental use of channel capuity pruvWtd pursuant to this ration. "(f) For puspo-re of this rection. the term 'institutional network' mersis a communication network which is conrtructed or operated by the cable operator and which it generally avaVable only to subscribers who are not residential subscribam CA=a CHANXM nos COAL UCRQAL teas '•Sic. 612 (a) The purpace of this evetion U to assure that the widest ponsible diversity of information sources are made available to the public from cable systems in a manner consistent with growth and development of able systema. "(bXl) A cable operator &hall deed;nate channal capacity for com- mercial use by persons unaffiliated with the operator in accordance with the following requirements: "(A)An operator of any cable syttam with 36 or more(but not more than 54) activated channel shall designate 10 percent of such channels which are not otherwise required for use (or the uss of which is not prohibited) by Federal law or regulation. "B) An operator of any cable sy*tem with 65 m (but cot an more than 100)activated choal shall'� 15 per=zt of • 1 8.6--6 such channels which are not otharwise required far use (or the use of which is not prohibited) by Federal law or reffulation "(0 An operator of any cable system with mora 100 activated channel shall dee: tt lb percent of all such slum1101s. "(D) An operator of any cable system with fewer than 36 activated channels &hall not be required to dnasaate channel capacity for commercial use by persons aaalf3liaLed with the operaoor, ualaes the cable system L required to provide such channel capacity "" this terms of a franchise in effect on the date of the enactment of this titIL "(E)An operator of any cable sy*tsm in operation on the date of the enactment of this title shall not be required to remm any service actually being provided on July 1, 1881. in order to comply with this section, but shall channel capacity available for commercial use as such capacity become available until such time as the cable operator is in full a mpliana with this section. "(2) Any Federal agency, Stats, or franchising authority may not require any cable system to designate channel capacity for commer- cial use by unaffiliated persons in excess of the capacity specified in PLragmph(1),except as otherwise provided in this section. "(3) A cable operator may not be required. as part of a request for proposals or as part of a proposal for renewal,subject to cation 626, to designate channel capacity for any use (other than commercial use by una_FFiliatedpersons under this section)except as provided in sections 611 and 637, but a cable operator may offer in a franchise. or proposal.for renewal thereof, to provide, consistent with applica- ble law, such capacity for other than commercial um by such persons. "(4) A cable operator may use any,unused channel capacity designated pursuant to this.owtion until the use of such channel capacity is obtained, pursuant to a written agreement, by a person unaffiliated with the operator. "(5)For the purpoa^s of this rsction— "(A) the term 'activated channels'meant they ch.� eh c�,i- ne2rad at the headend of the c%bleryYtam for the provision of sen-ices generally available to residential suh^zibcrs of the cable system, re Fardlem of whether such services artuslly ars • provided, including any channel designated for public, educa- tional,or governmental use;and "M the term 'commercial use' means the provision of video pprogramming, whether or not for profit. "(6) Any channel capacity which has been designated for public. educational, or governmental use may not be considered as desiff- nated under this section for eammarcial use for purpose of this section. "(cXD If a person unaffiliated with the cable operator&eels to use channel capacity designated pursuant to sub"ction (b) for commar- cial use, the cable operator &hall establish, coni tent with the ditions of such use which�aref ate section, t terms, us �tdhat�such use will not adversely affect the operation, financial condition, or market drvel- aPment of the cable system. M Acable operator shall not eierciss any editorial control over any video Perming provided pursuant to this sectionor in any other way consider the content of such ,esrept that an 8.66—i operator may oonaider such content to the minimum e>:teat Deals. =2!,es"ahlish a reasonablepeso for the coram cial use of ad channel capacity by sa uaatfiliatod person. Any cable eysUm channel designated in accordance with this kcLian rhall awl uwjd to provides cable service that is being provide over suchsystem on the data of the eaarzment of this title, of the provision of suclu is intended to avoid the purpose of this section. "(d) Any person aggnaved b7 the bdlure or tetbsal of a cable operator to make channel capsctty available for use pursuant to this section may bring an action in the district court of the United States for theudicial district in which the cable � is located to compel t t such capacity be made available. If the court finds that the channel capacity sought by such person has not been made available in accordance with this seciicra. oz llnds that the price, terms, or conditions established by the cable opantor are unreason- able, the court may order such system to mala available to such person the channel capacity sought, and further determine the appropriatea�ria, terms, or conditions for such use consistent with subsection (c),and may award actual damages if it deems such relief appropriate. In any such action, the court shall not consider any prise, term. or condition established between an operator acid an �J affiliate for comparable services. "(eXU Any person aggrieved by the failure or rehrsal of a cable operator to make channel capacity available pursuant to this section may petition the Commi.•sion for relief under this subsection upon a .showing of prior adjudicated violations of this cation. Rexrds of previous adjudications resulting in a court determination that the operator has violated this rection shall be considered as sufficient for the showing necwau7 under this subsection. If the Commirsion finds that the channelcap=ty Sought by such person has not been made available in &cooed& m with this suction, or that the price, term.c or conditions eolrbliahed by surhare unmanonable under Rubextion(c),the Ci.Rn ommon rb-1.1, e or ordsr, rtquirs such operator to lance available such cbmnnel capacity under price, terms,nad conditions con+tistent with sub-miction(e). "(2) In any a.r_ is which the CommL-jon finds that the prior adjud.icat..A vioMons of this sxtion constitute a p:%ttera or prsrtIa of violations by an operator, the Commis--,ion may also establish any fi.rther rule or order necessary to assure that the operator provides the diversity of information sources required by this section. "(3) In any ase in which the Commission finds that the prior adjudicated violations of this section constitute a pattern or practice of-violations by any person who is an operator of more than one cable system,the Commission may also establish any further rule or order nftwwuy to anurt that such parson provides the diversity of information sources required by this section. "(f) In any action brought under this nation in any Federal district court or beton the Commission, these shall be a presump- tion that the price,terms,and conditions for ues of channel capacity designated pursuant to subsection (b) are reasonable and in good faith unless shown by clear and eonvin ng evidence to the contrary. �...` "(g) Notwithstanding sections 621(c) and 623(&1, at such time as able systems with 36 or more activated chancels am available to 70 parer-nt of households within the United States and are subscribed to by 70 prmat of the bmw2holds to which such systems are avzilrble, the Commirsion may promulgate any additional rules 8.66-7 neo eery to provide diversity► of inform�adon aonr m Any rules promulgated by the Cammini parsnaat to this subsection shall not preempt authority espresaly granted to ftaaehW" autborities under this tills "(h)Any cable so.vim offorvd pursuant to this mod ion shall cot be provided, or shall be provided subject to oonditi ms. if such cable service is the judgment of the franchising authority is cF---ne,or is in conflict with community standards in that it is lewd. laseitious. filth , or indecent or is otherwise unpros+wLed by the Cantil=tion the gnited States. 'owKzLW ! aai=tcROltt • "Sec. 613. (a) It shall be unlawful far art to be a able operator if such person, direcd or throw or more &M16ataa, owns or conttob, the licensee ole television broadcast station and the predicted grade B contour of such station covers any portion of the community served by such operator's cable system. "WD It shall be unlawful for any common carrier, subject,in whole or in part to title Il of this Am to provide video progracammg directly to subscribers in its telephone service area, either directly or indirectly through an affiliate owned by, operated by..contrvlled by, or under common control with the common caas. " m (2)It shall be unlawful for any common carrier,sub'ect in whole or in part to title n of this Act. to provide channels o�eommunma- tions or pole line conduit spare, or other rental l arrangements, to any entity which is directly or indirectly owned by. operated by. .controlled by, or under common control with such common carrier, if such facilities or arras;ements are to be used for,or in connection with, the provision of video programming directly to subecribers in the tele bone service area of the common carrier. "(3)This subeection shall not apply to any common denier to the extent such carrier provides telephone ezchaage tervice in any rural area(as defined by the Commotion). "(4) In those areas where the provision of vides props directly to sub.gibers through a e ble system d=onstrrbly sou] not exist wept through a cable system owned by, op_+rated by. controlled by, or affiliated with the common crtmer involved, or upon other she of good cause, the Communion may. on petition for waiver, waive the applicability of paragraphs (1) and (2) of this • subsection. Any such waiver shall be made in accordance with section 63.56 of title 47. Code of Federal Regulations (aa in stied September 20. 1964)and shall be granted by the Commission upon a finding that the issuance of such waiver is justified by the particular circumstances demonstrated by the petitioner, taking into account the poli of this subsection. "(c) The Commission may prruribe rules with rasped to the ownership or control of able systems by persons who awn or control other media of mass communications which serve the same commu- nity served by a cable system. '(d) Amy Stant or franchising authority may not prohibit the • ownership or control of a able system by any person because of such person's ownership or control of any medu of mass ent muni- cations or other media interests. • "(eXl) Subjxi to paragraph (2), a State or franchlAng authority mai hold as owmerahip interest in any cable system. •_ (2) Any State or franchising authority shall not asritiae any editorial control regretting the cont=t �f any cable a7reias oo a . .. NEW 8.68•—S cable system in which such goveraiaratal entity holds ownership Interest (other than Programuning on any channel designated for educational or governmental use>, unless such control is exercieed throuah an entity separate from the franchising authority.. " hall(n n�is w.-cuun snut apply to ruhWiL tiny Lvuibinutlun of arty interests held by any person on July 1. 19K to the ascent of the interests so held as of such date, if the holding of such interests was not incona;stant with any applicable Federal or State law or regula- tions in effect on that data "(g)For purpom of this archon, the term `media of maes comma. nications' shall have the m n;n given such term under section 309(iX3XCXi)of this Act "Parr L11—F"NCm=Na Arra RsouLarotr "cLNlML rtANcmu zzgV 'ii[i M "Sec. 621. WD A franchising authority may award, in accordance with the provisions of this title, 1 or more franchises within its jurisdiction. "(2) Any franchise shall be construed to authorise the construc- tion of a cable system over public rightaof--way, and through ease. ments, which is within the area to be served by the cable system and which have been dedicated for compatible uses, except that in using such eAsements the cable operator shall ensure--- "(A) that the safety, functioning, and appearance of the prop- erty and the convenience and safety of other persons not be adversely affected by the installation or construction of facili- ties necessary for a cable system; "(B) that the cost of the instillation. construction, operation, . or removal of such facilities be borne by the cable operator or subscriber,or a combination of both,and "(C) that the owner of the property be justly compp-�mated by the cable operator for any dAtaagcs ceua�d by the lawtrllstion, construction, operation, or removal of such fuilities by the able operator. "(3)In awarding a franehupe or franchisce,a franehiaing authority ahall assure that acsxss to cable r•_rvice is not denied to any group of • potential residential cable subscribers b9cause of the income of the residents of the local area in which such`roup resides. "(bXl) Except to the extent provided in paragraph (2). a cable operator may not provide cable s9rvire without a franchise. "(2) Paragraph (1)shall not require arty parson lawfully providingcable service without a franchsre on July 1. 1964. to obtain a franchise unless the franchising authority so requires. "(c) Any cable system shall not be subject to regulation as a common carrier or utility treason of providing any cable service. "(dXD A State or the mmission may require the filing of informational tariffs for any intrastate communications servicepro- vided by a cable system, other than cable service, that would be subject to regulation by the Commission or any State if offered by a common carrier subject, in whole or in past, to title u of this Act Such informational tariffs shall specify the rates, terms. and condi- tions for the provision of such service, whether It is made evailr.ble to all subecribers generally, an ahsll take effect on the date spocified therein. . 6.66-9 • "(2)Nothing in this title shall be construed to affect the aa�o of any State to regulate any cable oparatar to the extent that sash operator provides any oammuaication ssrvue other than cable cert- ice, whether offered on a common carrier or private contract basis. "(3) For purpoecs of this subsoction. tho toren 'Stato' has tho meaning given it in section 8(v). •'(e)Nothing in this title shall be construed to effect the authority of any state to Been or otberRin regulate any fadlity or combilm tion of facilities which serves only sa6c ribars in sae or nam multiple unit dwellings under common ownership, control„ or nzaa- agement and which docs not uts any public rightof wV. "rsa res "Sec. 622. WSubject to the limitation of wbeectica (b), say cable operator may be required under the teens of any franchise to pay a franchise fee. "(b) For any twelve-month period, the franchin fEws paid by a cable operator with respect to any cable system shr11 not exceed b percent of such cable operator's gross revenues derived in such period from the operation of the cable rystem. For puspcoaz of this section, the 12•month period shall be the 12-month p=od applicr-ble under the franchise for axounting purpos. Nothing in this subzac- Lion shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any ! 12-month period shall be paid on a preprid or deferred basis: except that the sum of the fees paid during the term of the franchise may not exec-d the amount, including the time value of money. which would have lawfully brew colic"--•tad if such fens Lad been paid per annum. "M A cable operator may peas through to subage the zmount of any increase in a franchise fee, unleza the franchising authority - demonstrates that the rate structure sp_dfied in the frtachise reflects all costs of i►* fe= and co notifies the ramble orrator in writing. "(d) In any court action under suhr_-edon (c), the frrneMcing authority shall demonstrate that the rat:ctructv.re r- "--ts all vests of the franchise fear. "(e) An cable operator ehall p.:n through to cttTr 'bar: the amount of any decrease in a franchits fes. "(f) A cable operator may designate that portion of a subwrMer's bill attributable to the franchise fee as a separate item on the bill "(g)For the purposes of this action— I'M the term 'franchise fee' includes any tax, fee, or axseess- meat of a.ny kind imposed by a franchising authority or other governmental entity on a c-.ble opsrear or cable subscriber, or both,solely because of their status as rush; "(2)the term 'franchise fee'does not include— "(A) any tax, fm or ii:••.=lent of general appUcabiiU (including any such tax, fee,or ace.tsment imposed on utilities and cable operators or their services but not includ- ing a tax, fee, or at&-- went which is undo] discriminatory a.irud cable operators I'M in the of any franchiia in effect on the fists of the enactment of this title.payments which ase required by the fr•anrhira to be made by the able operator during the s &66-10 term of such franchise for, or in support of the use 4 public,sduca canal,or governmental acom facilities; "(C) in the ase of any fmnchirs granted after such data of enactment, capital costs which aro required by the fma- chile to be incurred by the cable oppaemter for public,educa- tional,or govern-ental uxc•:s facillfum "(D) requuamants or charges I—Mental to the awarding or enforcing of the franchim including psytarmts for bends, security funds, letters of credit. bmusace, indamairiicatiaa. penalties,or liquidated danuwx or 4) any fee imposed under title 17, United Staters Coda. "(hXI) Nothing in this Act shall be construed to limit any author ity of a franchising authority to impose a tax, fee, or other aaseso. ment of any kind on any person (other than a cable operator) with respect to cable service or other communications service provided by such person over a cable system for which charges ase assessed to subscribers but not received by the cable operator. "(2) For any 12-month period, the fees paid by such person with respect to any such cable service or other communications mrviee shall not exzeed 5 percent of such person's gross revenues derived in such period from the provision of such service over the cable system. •'(i) Any Federal agency may not regulate the amount'of the franchise fees paid by a cable operator, or regulate the use of funds derived from such fees,except as provided in this section. "ttz ULATrou or LATsa "Sec. 623. (a) Any Federal agency or State may not regulate the rates for the provision of cable service except to the extent provided under this section. An franchising authority may regulate the rates for the provision of cable service,or any other communications service provided over a cable system to cable subscribers,but only to the extent provided under this section. "(bXD Within 180 days alter the data of the enactment of this title, the Commission shall prescribe and make effective regulations which authorize a franchising authority to regulate rates for the provision of bsWc cable service in circumstances in which a erble system is not subject to effective competition. Such regulations may apply to any franchise granted after the effective date of such regulations. Such regulations shall not apply to any rate while such rate is subject to the provisions of subsAetian(e). "(2) For purposes of rate regulation under this subsection, such regulations shall— "(A) define the circumstances in which a cable system is not subject to effective comp±tition;and "(13)establish standards for such rate regulation. "(3) The Commission shall periodically review such regulations. taking into account developments in technology, and ma m aend such regulations, consistent with paragraphs (1) and (2L to the extent the Co4nmission determines necessary. "(c) In the case of any cable system for which a franchise has been granted on or before the effective date of this title, until the end of the 2-year period beginning on such effective date, the franchising authority may,to the extent provided in a franchise— "M multiple tiers of basic cable s provision ale service. 6.66-11 "(2) require theprovision of any ear♦ice tier provided without charge (disragardia%g any iasssllation or rectal sharp for equip- went necomary for recelpt of eucb tierh or 41S)replate rates for the initial installation or the rental of 1 awl of Uro tnini.mum oquipaoeat wl"ch is neoeraary for Lbe subscriber's receipt of beAc cable&=Tim "(d)Any request for an inem"- in any rate regulaW ptusnant to subsection (b) or (c) for which final action is not talars within 180 days atter receipt of such rtque3t by the ij%authors shall be deemed to be grantod, unless the lMda� b extended by mutual agreement of the cable operator wad the hanchIA4 authority. SO (exi) In addition to any other rate increase which b subjset to the approval of a franchising authority, any rate subject to retula- tion pursuant to this section may be ince wed after the effective date of this title at the discretion of the cable operator by an amount not to excc±d o percent per year if the &=chin (u in effect on the efTective date of this title) does not specify a fixed rate or rates for basic cable service for a specified period or periods which would be exceeded if such increase took effect "(2) Nothing in this section shall be construed to limit provisions of a franchise Which permits a cable operator to increase any rate at the operator's discretion; however, the ar ate incrs" perye" allowed under paragraph (1) shall be red by the amount of any increase taken such year under such f linehise provisions. "(0 Nothing in this title ahall be construed as prohibiting any Federal agency,State,or a franchising authority,from— .,(1) prohibiting discrimination among customers of bsaie cable a:rviee,or "(2) requiring and regulating the installation or rental of equipment which facilitates the reception of basic cable aatvice by hearing impaired individuala. "(g► Any State law in existe-zees on the effective data of this title which provides for any limitation or preemption of regulation by any franchising authority (or the State or any politual subdivision or agency thercofi of rats for cable carvice shall remain in effect during the 2-ye�v period beginning on such effective date, to the extent sucb law provides for such limitation or preemption. As in this ee tion, the term 'State' has the meaning given It in section • 3(v). "(h) Not later than 6ea��rs after the date of the enactment of this title, the Commission shall prepare and submit to the Congress a report regarding rate regulation of cable services, including such legislative recommendations as the Commission considers appropri- ate. Such report and recommendations shall be based on a study of such repletion which the Commirsion shall conduct regarding the effect of competition in the marketplace. ofRZOMATtON OF$JMVICt3, TACIIMTES,AND SQUIMCINT "Sec. 62C (a) Any franchising authority may not regulate the services, facilities, and equipment provided by a cable operator except to the extent consistent with this title. "(b)In the case of any franchise granted after the affective date of this title, the franchising authority, to the smant related to the establishment or operation of a cable system— y t7.66-12 "(1) in its requnt for proposals for a hsnthln C3neludiag requests for renewal propocala, snbject to section 626), may establish regairemeats far fadlitaea and equiptoeat. but may not establish requirements for video programming or other information servicoK and "(2) subject to rection 625, may enforos any requirements contained within Vie fraaehfes— "(A)for facilities and equipm^mt;and' "B) for broad categories of video or other servioea. "(c) In the ass of ani franchise in eifed on the sdiecthv date of thin title, the franchiatng autborttty�y may, subjed to soetion 625, enforce requirements contained within the frsachin for the ptvvi- sion of cervices. facilities, and equipment, whether or not related to the establishment or operation of a cable system. "(01) Nothing in this title shrill be construed as prohibiting a franchising authority and a cable operator from , in a franchise or renewal thereof.that certain cable oervioes�ah nof be provided or shall be provided subject to conditions, if such cable ser-Oces are obscene or are otherwies unprotected by the C uffdtu- tion of the United States. "(2XA) In order to restrict the viewing of prognamm' which is obscene or indecent, upon the request of a subscriber, a cable operator shall provide (by sale or lease) a device by which the subscriber can prohibitvie wing of a particular cable earvrim during periods selected by that subscriber. "(B)Subpm%Mph(A)shrill take effect 180 days after the effective date of this title. "(e)The Comm; cion may eitAblish t--chnic al standards relating to the facilities and equipment of crble systems which a franchising authority may require in the franrhits. "(fXl) Any Federal agency, State, or fmnchiring authority may not impoee requirements r the prow-ion or content of cable services,ex pt as expreply providod in this title. "(2)Paragraph(1)shall not apply to— "(A) any rule, regulation, or order itsu:d under any Federallaw, as such rule rtgtilr--tion, or order (i) wee in erect on September 21. 1983, or (ii) may be emended after such date if the rule, rtgulation, or order as amended is not inconsistent with the express provisions of this title;and "(B) arcy rule, regulation, or order under title 17, United States Coda. "xoatncATION or MANcacas ouacarioxs "Sic. 625.WD During the period a franchits is in effect,the cable operator may obtain from the franchising authority modifications of the revirements in such franchise— '(A) in the cane of any such requirement for bu ilitin or equipment, including public, educational. or governmental accen facilities or equipment. if the able ope. tar demon- strates that(i) it is commercially impracticable for the operator to comply with such requirement, and (ii) the proposal by the ceble operator for modification of such requirement u appropri- ats becaus+of ooiamercial impracticahilitp,or "(B) in the emm of any such requirement for "r—ricers, if the cable operator demowmmtn that the mix. quality, and level of S.66-1a services required by the franchise at the tams it was granted will be n untained alter each VU-- lAcoMm "(2) Any final decision by a franauthority under this subwctiun shall Ix- muck in a public p=. Such decision shall be made within 120 days atter receipt of such request b) the francbUing authority, unleca such 120 day period is ssteaded by mutual agreement of the cable operator and the ._g - authority. "(bXl) Any cable operator whose request for modification nada subsecti (a) has been denied by a final decision of a franchising authority may obtain modit�—don of such hv=hies regmrameats pursuant to the provisions of section 655. "(2) in the case of any proposed modincation of a requirement for facilities or equipment, the court shall grant such modification only if the cable operator demonstrates to the court that— "(A) it in commensally impracticable for the operator to compply with such requirement;and "B) the terms of the modification requested are appropriate because of commercial impracd.cability. "(3) In the case of ea proposed modification of a requitement for services, the court small grant such modification onlyy if the cable operator demonstrates to the court that the mu quality, and level of services rreeqquired by the franchise at the time it was granted will be maintained after such modification. "(c) Notwithstanding subowtions(a)and (b),a cable operator may, upon 30 days' advance notice to the franchising authority, rear- range. replace, or remove a particular cable service required by the franchise it— "(1) such service is no longer avaiL--Ikle to the opsrazor, or "(2) such service is ava&ble to the opsrator only upon the payment of a royalty rewired under sxhon 801(bX2)of title 17, United States Code, which the cable op_rater can document— "(A) is rubstanfut]ly in eicees of the amount of such payment required on the data of the operator's offer to provide such service,tend "(B) has not been specifically compensated for throw a . rate inem"s or other adjustment "(d) Notwithstr-nding subsxtions (a)and (b),a cable operator may take such actions to rearrange a particular.r_rvice from one service vi tier to another, or otherwira offer the serce, if the rates for all of the service tiers involved in such actions ars not subject to regula- tion under section 623. "(e) A cable operator may not obtain modification under this section of any requirement for services relating to public, educa- tional, or governmental a=m "(f) For purposes of this rection,the term 'commercially impracti- cable' means, with respect to any requirem�at applicable to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result of a change in ooaditioas which is beyond the control of the operator and the nonoccurrence ob�ich was a basic assumption on which the requirement was "aiNZWAL "Sec. 626. (a) During the 6-month period which begins with the 86th month before the franchire erpirstlon; the fm chisinir author- ity may on its own initiative, and shall at the request of the able &66-14 operator, commence pr=&Ddings which afford .he public in the fran.chim arae appropriate notice and participation for the purpon of— "(1) identifying; the futuro cable-rolated community hoods and interests;end "(2) reviO ing the orzn.^aca of the cable opcer"�or trades the fianchirs duriathe then current frtachim t=m. -"(6X1) Upon completion of a procecding unci eub=tion (al, a cable operator ea+_king mnmal of a franchise may, on its awe Initiative or at the request of a fnnchiaing authority, submit a propoisal for renewal. (2) Subject to sacti.on 621, any such pmponl shall eont`in each material as the franchising authority may require,including propoe. als for an up�.��of the cable system.- - "(3)The franchising authority may eatablizh a data by which such proposal shall be submitted. "(cxl) Upon submittal by a cable operar ter-of a propoGa] to the- franchising authority for the mnewal of a franchim. the frnnc1,is." authority shall provide prompt public notice of such pprroop�sl andy during the 4-month period which beep ns on the completion of any proceedings under subr-&-_'bon (a), renew the 6-nncbire or,•irms a prelirsi.nary assessment that the franchice should not be renewed and, at the request of the operator or on its own initiative, com- mence an administrative proccadi.ng, after providing prompt public notice of such preceding, is arcardance with pa rrgmph (2) to consider whether— "(A) the cable operator h.Rs cubsUntirljy complied with the - material terms of the eris:i.a.g franchise and with upplka.ble_ law; "(B) the quality of the operator's service, including signal quality, respons` to conzumer complainta, and billing practice& but without regard to the mit, quality, or level of cable services or other rarvices prvyid&d over the syzt_m, has ba:n res,sanabls in l�,i�g,ht of community netar. "(Q the o rotor hrs the finciaL legal,and te-Ju is al ability to provide the na.rsr•rices, facilities, and equipment as rest forth in the op_rator's propc:rl;and "(D) the operator's proposal is rwanable to meet the future cable-related community ne^ds end interests, taking into ax- count the cost of m"-ting such ne-3s and intere.-tt "(2) In any proceeding under p ph (1), the cable operator shall be afforded adequ*te notice and the cable operator and the franchise authority, or its designee, shJ1.be afforded fair opportu- nity for full participation, incl .tu-ing the right to introduce evidence (including evidence related to imum mk_*d in the prviceedding tinder subs&_tion (a)),to require the production of evidence,end to quc:tion witnes,,es. A t.rwis.=ipt shall be made of any such proca-ling. "(3) At the completion of a procct ng• p under this subssctiath n, e franchiri.nA authority shall irsue a written decision emtiag or denyin t p-opc,+ for renowal based upon the re=rd of such x°dproing, and Uv-n nit a copy of such decision to the cable Operator.Such decision shall state the rewwns therefor. "(d) Any denial of a proposal for renewal shall be brad on one or more adverse find' made with respx:L to the factors described in sub phs (A) ugh (D) of sul�-xtinn (01). puri nt to the.-- record o the prvxding under sub-,,ec-a= (c). A frr-nehising author- ity uthority racy not brca a de.nir] of renewal on a "urs to svb;sr...ntially comply with the matarial teras of the fivneh9ss.under subeactien (cX1XA) or on events conaidared under subsection (cX1XB) in any use in which a violation of the banchise or the events considered under subsection (cXl)(B) occur atter the effective date of this title unkmo Ou fruncJtiKiW uutliurity hiss provided the uperator with notice and the'opportunity to curs; or in any can in which it is documented thit the franchising authoriq his waived its sight to object,or has effectively acquitr..ad. '(01) Any cable operator whose proposal for renewal hay b--m denied by a fusel decision of a authority made pursuant to this ar_ction, or has been adversely ffected by a failure of the franchising authority to ad in accordance with theprocedural requirements of this section, may appeal such final decuooa or failure pursuant to the provisions of section 683. "(2) The court shall grant appropriate relief if the court finds - that— "(A) any action of the franchising authority is not in eompli- anoe with the procedural requirements of this section;or "(13) in the event of a final decision of the franchising author- ity denym' g the renewal proposal, the operator has demon• errated that the adverse finding of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection Wl)on which the denial is based is not supported by a preponderance of the evidence, bared on the. record of the proceeding conducted under subsection (c). "(f) Any decision of a franchising authority on a .proposal for renewal shall not be considered final unless all aorn;n+ t:ative review by the State has occurred or the opportunity therefor has lapsed. "(g) For purpmes of this etction, the term Tranchirs expirRt3on' means the date of the expiration of the term of the fraac,hire, as provided under the franchise, as it was in effect on the date of the enactment of this title. "(h) Notwithstanding the provisions of subsections (a) through (g) of this r•cbon, a cable operator may submit a proposal for the renewal of a frpnchise pursuant to this subsection at any time,and a franchising authority may, after affording• the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this Fxtion have commenced). The provisions of sub¢octions (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal pproposal that is submitted in axordance with subsections(a)through(g). "tANDmoN! of LUX "SFc. 627.(a)If a mnvwal of a franchise held by a cable operator is denied and the franchising authority acquires ownership of the cable system or affeets a traaafer of ownership of the system to another parses,any such acquisition or tmm fer shall be— "(1)at fair market value, determinisd on the bars of the able system valued as a going concern but with no value allocated to the franchise itself,or "(Z)in the case of any franchise existing on the effective date of this title, at a price determined in accordsare with the franchise ii such lranchlrs contains provisions applicable to such an acquisition or trandar. 'Yb) If a lraaehire held by a cable ogirator is revolted for cause and the franchiaim authority acquires ownership of the aLbie systom or ofUcU a trunAtr of ownershipp of the system to another per.on."Y such aNiti►ition or trrnafar atoll b:— ••(1)at an equitable price,or "(2) in the cars of any fmncbira wdsting on the effec:dvve data of this title, at a price determined is accordance with the franchise if such fianchise contains provisions applicable to such an acquisition or transfer. "PA=N— vs PXOVMoNs "Tao'!ZL'r ION of IUU=MICZ FINAL! "Sri. 631. (aXl) At the time of antaring into an agreement to Prov*de any cable service or other service to a subscriber and at eaat once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which cleul and conspicuously informs the subscriber of— "(A) the nature of per wwWy identifiable information collect• ed or to be collected nth respect to the subscriber and the nature of the use of such information; AM the nature, frequency, and purpooe of any disclosure which may be made of such information, including as identifl- - cation of the typte of persons to whom the disclosure way be made; "(C) the penod during which such information mill be main- tamed by the cAble operator, '(D) the times tad place at which the subscriber may have acxe to such information in accordance with sube9ctioa (d?; and "(E) the limitations provided by this section with rmpect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (f) and (h) to enforce such limitetions. In the w-9 of subscribers who have entered into such an agreement ' before the effective date of this section,such notice shr11 be provided within 180 days of such date rend at least once a year thereafter. "(2) For purposes of this section, the term 'personally identifiable information' does not include any record of aggregate data which does not identify particular parsons. IUD Except as provided inllect ph (2). a cable operator shall not use the cable system to coppeersona ly identifiable informs. tion concerning any subscriber without the prior written or elec- tronic lecttronic consent of the subscriber concerned "(2) A cable operator may use the cable system to collect such information in order to— "(A) obtain information new. ry to render a atble service or other service provided by the cable operator to the subscriber, or "(B) detect unauthorised reception of alible communications. "(cXD Except as provided in paragraph (2), a cable operator shall not discloe, personally identifiable information concerning any sub- scriber without the prior written or electroaie consent of the sub. scriber conmrne4 S.66-17 "(2) A cable operator may disclose such information if the disclo- sure it— "(A) t"(A) neceenry to render. or conduct a legitiauts buainese octivity relatud to, a cable ocrvico or other service providud by the cable operator to the subscriber, "(13) subject to cub-.szion (h), mr42 pursuant to a court order authorizing such dirclarsure, if the subscriber is notified of oxh order by the person to whom the order is direw gid;or "(0 a disclosure of the names and addresses of subeerfbers to any cable service or other service.if— "(i) the able opsrator has provided the rAbner m the • opportunity to prohibit or Wait such discloiurs,and "(ii) the disclosure doss not reveal. directly or indirectly. the= "(I) extent of any viewing or other use by the sub- scriber of a able service or other service provided by the cable operator,or "(II) the nature of any transaction made by the subs:riber over the cable system of the cable operator. "(d) A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a conveWant place designated by such cable operator. A cable subecriber stall be provided reasonable ,opportunity to correct any error in such information. "(e)A cable operator shall destroy personally.identMoble informa- tion if the information is no longer nee:?nary for the purpme for which it was collected and there are no pending requests or orders for access to such information under subextion (d) or pursuant to a court order. "(fXl) Any person aggrieved by any act of a cable oprator in violation of this section may bring a civil action in a United States district court "(2)The court may award— "(A) actual damages but not lets than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000,whichever is higher. "(13)punitive damages.and NO reasonable attorneys' fees and other litigation costs tea- sonably incurred. "(3) The remedy provided by this section shall be in addition to any other lawful remedy available to a able subscriber. "(g) Nothing in this title shr11 be construed to prohibit any State or any franchising authority from enacting or enforcing laws con- sistent with this section for the protection of subscriber privacy. "(h) A governmental entity may obtain personally identifiable Information concerning a cable sub-rribsr pursuant to a court order only if. in the court promvdiag relevant to such court order-- "(1)such entity offers clear and convincing evidence that the �. subject of the information is rearorubly suspected of engaging in criminal activity and that the iaformaiion sought would bs material evidence in the mm read "(2) the subject of the informatiaa Is Worded the opportunity to appe--ar and contvzt such entity's shim. "Sx 632. (a) A franchising authority may requim as pert of a franchise (including a franchise renewal, subject to auction 626), pruviriunv rur cnfumvniunt of— :'M customer ra is ents of the cable operator; and "(2) con.5trucdotn acl��s�and other relatad r♦ quiramenra of the crble opsrater. "(b)A franchising authority may a Gam my prayisim contained In any franchise,relating to requirements . sd is paragraph(1) or(2) of subwtion (a), to the extent not iacanaistsnt wt title. title. "(c) Nothing in this title shall be const mod to prohibit any State or any franchising authority from enacting or enforcing any con- sumer protectioq law, to the extent not incons Stant with this title. ofUNAUTHOLEMV L=ZMON or c =anvics "Sec. 633. WD No person shall intercept or receive or asmdst in intercepting or receiving any communications s"_.rvice offered over a cable system, unless specifically authorized to do so by a cable operator or as may otherwise be sperifi'cally authorized by law. "(2)For the purpose of this s-tion,the term 'amist in intercepting or receiving' shall include the manufarture or distribution of equip• ment intended by the manufacturer or distributor (as the case may be) for unauthorised reception of any communications service of- fered over a cable system in violation of subprragmph M. '•'(bXl) Any person who willfully violates subs-estion (01) shall be fined not more than $1,000 or imprisoned for not more than 6 months, or Loth. "(2) Any perron who violates subsection (PKU willfully Fad for purposes of commercial advratage or private financial gain shr11 be fined not more than $25,000 of imprisoned for not more than 1 year, or both, for the fiat such offence and shell be fined not more then $50,000 or IMprisoned for not more than 2 yenr, or both. for any subsequent onenm "(cXU Any person aggrieved by any violation of sub:-etion (aXl) may bring a civil action in a United States district court or in any other court of competent jurisdiction. "(2)The court may— "(A)grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsec- tion ubseation (01); "(B)award damages as described in paragraph(3k and "(C) direct the recovery of full costs, includin awarding reasonable attorneys' fees to an aggrieved party wto prevails. "MA) Damages awarded by any court under this section shall be computed in accordance with either of the following clauem "(i) the putt' surieved may recover the actual dameges suffered by him es a result of the violation and any profits of the violator that sire attributable to the violation which are not taken into axount in computing the actual-darsages; in deter- mining the violator's profits, the party aggrieved shall be re- quired to prow only the violator's gross revenue, and the violator shall be required to prove his deductible expeares and the elements of profit attributable to factors other than the violation;or 5.66-19 "(ii) the partyaggrieved may recover an award of statutory damages for all vtolitzoas involved in the acsaoais a sura of not Ion thea I= or more than $10,000 as the court considers just. . "B) In any case in which the court finds that the violation was ct►tilntitkd willfully nntl Aur purptacac or commorc ui udvuntttgo or private rum. tial gain. the court in its discretion may increase the award of damages, whether actual or statutory undo&subparagraph (A),b ren amount of not mors thea SWM "(c In any can wiser* the Court finds that the violator wn not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of dfamagem to a sura of not leers than$100. "(D) Nothing in this title shall prevent any State or authority from enacting or enforaag laws, consistent with this section, regarding the unauthorised interception or reception of any cable service or other communications service. "LQUAL EMPIAD MOff OMITUNM "SEc. 634. (a)This section shall apply to any corporation, partner- ship, arsociation,joint-stock company, or trust engaged primarily in the manrgement or operation of any cable system. "(b) Equal ooportunity in employment shall be a`)•orded by each entity sp--cifiea in subsection (a), and no person shall be discrimi- nated against in employment by such entity because of race, color. religion, national origin,age, or em "(c) Any entity specified in sube%lion (a) shall establish. main- tain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employ- ment policies and practices. Under the terms of its program, exch such entity shall— "(1) define the respoq)ai Wty of each level of management to ensure a positive application and viggoro� us enforcement of its policy of equal opportunity and astabliah •procedure to review and control managerial supsrviaory performance ; "(2) inform its employees and recognized employer organize- tions of the equal employment opportunity policy and program and enlist their coopers4on; "(3) communicate its egtW employment opportunity policy and program and its employment needs to sources of qukMed applicants without regard to rice. color, religion. national origin, age, or sex, and solicit their recruitment assistance on a continuing basis; "(4) conduct a continuing program to exclude every form of prejudice cr ,discrimination based on rare, color. religion. national origta, age, or elm from its personnel policies and practices and working conditions;and "(S) conduct a continuing review of job'structure and employ- ment prartimi and adopt positive recruitment, training, job de iga, and other meAsures net-dad to ensure genuine equality of opportunity to participate fully in all its organizational units, oxupations, a.nd levels of responsibility. "(dXl) Not later than 270 days atter the effective date of this . section, and after notice and opportunity for hearing, the Commis- . Sion shall preeeribe rules to carry out this taction. "(2) Such rules shall specify the terms under which an entity specified in subc-toction (a)&hall, to the astent poatible-- &66-20 "(A) dimminats its equr-1 opportunity program to fob appli• cants, employeae, and those with whom it regukrly dots business; "(D) une minority organiratioru, organizations for woman. media, educational institutions, cid *Uvu pot.endal sources of minority and female applicant% to supply WarrsL whenever jobs are available in its operation; "(C)ev lusts its maployment proille rnd job tv=o-.-,x e,-Aind . the availability of minorrtfcs and women in its frrnehirs arcs; "(D) undertake to offer promotions of minorities and women togositions of greatar rerpaasihillty; (E)encourage minority and female entrepreasurs to conduct businesa with all parts of its operation;and "(F) analyze the results of its efforts to recruit. hire, ppr?mota, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program. "(3) Such rules also shall require an entity specified is subrxtion (a)with more than 5 full-time employees to Me with the Com irsion an annual statistical report identifying by race and sea the number of employees in each of the following full-time and parttime job categories: (A)officials and managers; "(B) professionals; "(C)technicians: ' "(D)sales persons; "(E)office and clerical personnel; "(F)skilled craft persons; "(G)semiskilled operatives; (H) unskilled laborers;and "(Il service workers. The report shall include the number of minorities and women in the relevant labor market for each of the above categories. The etati--ti- cal report shall be available to the public at the central office and at every location where more thin 5 full-time employees are rcgulruly assigned to work. "(4) The Commission may amend such rules from time to time to the extent necessary to carry out the provisions of this section. Any such amendment shrill be made after notice and opportunity for comment. "(eXI) On an annual basis, the Commission shall certify each entity described in subsection (a) as in compliance with this section if, on the basis of information in the posse cion of the Commission, including the report filed pursuant to subsection (dX3), such entity was in compliance, during the annual period involved, with the requirements of subsections(b),(e), end(d). '(2) The Commission shall, periodically but not less frequently than every five years, investigate the employment practices of oath entity described in subsection (a), in the aggregate, as well as in individual job catgones, and determine whither such entity is in compliance with the requirements of subs tions (b), (c), cad (d), including whether such entity's employment pmatices deny or abridge women and minorities equal employment opportunities. As part of such invest' ation�, the Commission shall renew whether the entity's reporu filed pursuant to subsection (dl(3) accurately refled employee responsibilities in the reported job Ice =bons I - Dr 6 --21 "(fxl) If the CommiMIVn finds after notice and hearing that the entity involved has willfully or::pratrdly without good cause failed to comply with the requirements of this section. such failure shall constitute a substantial failure to comply with this title. The failure to ubtuin crrtificut.iun under vutrnction (o)ahull not itwlf constitute • the basis for a determination of sub•_ -zt:W failure to comply with this title. For pvipoc-s of this p-xtTrnph, the harm 're telly', when us--d with m.jp*occtt to Mures to cmnply, man to 3 or more failures during any.7•year pesiod. "(2)Any person who is determined by the Commission.through an investigation pursuant to subsection (e) or otherwise, to have failod to meet or failed to male bet efforts to most the uements of this section, or rules under this suction, shall be liable to the United States for a forfeiture penalty of SM for each violation.Each day of a continuing violation shall constitute a separate offense.Any entity _ defined in subsection(a)shall not be liable for more than 180 days of forfeitures which accruedprior to notification by the Commiuion of a potential violation. Nothing in this paragraph shall limit the forfeiture imposed on any person as a result of ani+ violation that continues subsequent to such notification. In addiuon6 any parson liable for such penalty may also have any license under.this Act for cable auxiliary relay service sunpeaded until the Commission deter mines that the failure involved has bin corrected Whoever know- ingly nowingly makes any false statement or submits documentation which he knows to be false, pursuant to an application for certification under this section shall be in violation of this action. "(3) The provWons of paragraphs (3) and (4), and the last 2 sentences of paragraph(2),of action 503(b)shall apply to forfeitures under this subsection. "(4) The Commirsion shell provide for notice to the public rnd approprittte franchising authorities of any penalty imposed under this section. "(g) Employees or applimm-nts for employment who believe they have b--.n divsimiaated rgr met in violation of the requirements of this action, or rules under this [action, or any other interested person, may file a complaint with the Commission. A complaint by any such person shall be in waiting, and shall be signed and sworn to by that person. The regulations under subsection (01) shall specify a program, under authorities otherwise available to the Commission, for the investigation of complaints and violations, and for the enforcement of this section. "(hXD For purposes of this section, the term 'cable operator' includes any operator of any satellite master antenna television system,including a system delcribd in sxtion 602(6XA). "(2)Such term does not include any operator of a system which.in the aggregate,serves fewer than 50 subscribers. "(3) In any case in which a cable operator is the owner of a multiple unit dwelling, the requirements of this section shall only apply to such cable operator with r pct to its employees who are primmily a aged in crble tele=mmun� cion. "(iXD Nothing in this section sha.Ll affect the authority of any State or any franchising authority— "(A) to establish or enforce any requirement which is consist. ent with the requirements of this eectim includia;any require- ment which affords equal employment opportunity prot�sctioa for employees; • S.66•-22 "(13) to establish or enforce any provision requiring or encou%. aging any cable cps.asor to conduct buninew with enterprises which am owned or controlled by members of minority groups (as defined in section 309(iX$XCXii)) or which have their princi• Vail ujx.•ruUunv luc;uted within the community served by the cable operator,or "(C)to enforce nay requh*ment of a franrhlaa in effect on the effective date of this title. "(2) The remedies and enforcement provisions of this eaction an in addition to, and not in lieu of, thoes available under this or any other law. "(3) The provisions of this section shall apply to any cable opera- tor,whether operating pursuant to a franchise granted before,on,or atter the date of.the enuctment of this section. "AMI=MoCCC II CW "Sec. 635. (a) Any cable operator adversely affected by any final determination made by a franchising authority under section 625 or 626 may commence an action within 120 days after receiving notice of such determination,which may be brought in— "(1) the district court of the United States for any judicial district in which the cable system is located, or "(2) in any State court of general jurisdiction having jurisdiN tion over the parties. "(b) The court may award any appropriate relief consistent with the provisions of the relevant rection desfcribed in subsection (a). "COORDINATION OF FEDERAL, STATL, AND LO=AVTHOLrrT "Sec. 636. (a) Nothing in this title shall be construed to affect any _. authority of an State, political subdivision, or agency thereof, or franchising authority, regarding lnatters of public health, eefety, and welfare, to the extent consistent with the express provisions of this title. "(b)Nothing in this title ahall be construed to restrict a State from exercising jurisdiction with regard to cable services consistent with this title. "(c) Except as provided in section 637,cry provision of law of any State, political subdivision,or agency thereof,or franchising author- ity, or any provision of any franchise granted bx such authority, which is inconsistent with this Act shall be deemed to be preempted and superseded. "(di For purposes of this section,the term 'State'has the meaning given such term in section 3(v). "EJUSTINa IRANtZiIiL{ "Sec. 637.(a)The provisions of— "(1) any franchise in effect on the effective date of this title. including any such provisions which relate to the designation, use, or support for the use of channel capacity for public, educational,or governmental use,and "(2) any law of any State (ar defined in section 8(v)) in effect on the date of the enactment of this vection, or any regulation promulgated pursuant to such law, which relates to such desig- nation, use or support of such channel ciipacity, i S.66-28 shall remain in effect, subject to the a7mm prvv3siaas of this title, and for not longer than the thea currsmt remaining term of the franchise as such fracchiss amsted=rich effktvs dIII& "(b) For purpodee of subsection (a) and other provisions of this title,a trunchiae shall be considered in effect on the effective date of this title if such franchies was granted oa or bofore such effective data AftCRUGNAL AND CITM MUML T "Sac. 638. Nothing in this title shall be dcsmod to affat the crimical or civil liability of cable programmers or cable operators pursuant to the Federal. Stags, or lo=l law of libel.slang,ob°w.,..n- rty, incitement, invasions of privacy,false or mialeading +ng, or other similar laws,except that cable operators shall not incur any such liability for any program carried on any chancel designated for public, educational. governmental w-v or an any other cbacnel obtained under section 612 or under similar arrangements. "OBSCENZ PROGUMM NG "Src. 639. Whoever transmits over any cable system say matter which is obscene or otherwise unprot -wl by the Constatu don of the United States sha.0 be fined not more than $10,000 or imprisoned not more than 2 years,or both.". JUR3SDICrION Sec. 3. (aXI) Section 2(a) of the Communications Act of 1934 is amended by adding at the end thereof the following: "The pp�rovisions of this A s::R:: apply with respect to mble rot-nee, to R11 parsons engaged within the United States in providing such ver--ice, Pnd to the facilities of cable operators which relate to such memice, as provided in title VL". (2) Section 2(b) of such Act is amended by inserting after "section 301"the following: "end title VT'. (b) The provisions of thea Act and amendments mrAe by this Act shall not be construed to affect any jurisdiction the Federal Commu- nications Commission may have under the Communications Act of 1934 with respect to any communication by wire or radio(other than cable Service, as defined in section 602(5) of such Act) which is provided through a cable system, or persons or facilities engaged in such communications. POLI ATrACKMNU Stc. 4. Section 224(c) of the Communications Act of 1934 is amended by adding at the end thereof the following new paragraph: "(3)For purposes of this subs-ection,a State shall not be considered to regulate the rates, terms, and conditions for pole attachments— "(A) unless the State hrt issued and made effective rules and regulations implementing the State's regulatory authority over pole attachment*;and "(B) with respect to any individual smatter, unless the State takes final action on a complaint regarding such matter— "(i) within 180 days after the complaint is filed with the State,or "00 within the applierble period prescribed for such final action in such rules and regulations of the State, if the &66—U Sly of sue co�mp�W t�". �beyond 860 days a!!as the UNAUTHOZZ= R>C XMON O!CQTADf OODCWU ICATIONs Sec b. (a) Stiction 705 of the Communications Act of 1534 (as redczig•nated by eacUon 6) is rmended by inserting "(a)" Ater the section desiVwtdon and by adding at the and theroof the following new/�sub^actions: "(b) The provisions of sub"cUon (a) shall riot apply to the tater option or receipt by any individual, or the misting (including the manufacture or sale) of such interosption or rsoeiA of any satellite cable programming for private viewing if— "(1)the programming involved is not encrypted;and "(2XA) it marketing system is not established under which— "(i)an agent or agents have bean lawfully designated for �d purpose of authorising private viewing by individuals, "(ii) such authorisation is available to the individual involved from the appropriate agent or agents;or "(B) a marketing system described in subparagraph (A) is estabUtbed and the individuals rec eivMW such programming hes obtained authorization for private viewing under that system. "(c)For purposes of this e—m-tion-- "(1) the term 'sstaWte cable programming' means video pro- gramming which is trmwnitted via satellite and which is pri- marily intended for the dicot receipt by moble op'=rators for , their retra.nsmirsion to cable sub-:ribers; "(2) the term 'agent', with respect to any person, includes an employes of such person; "(3) the term 'encrypt', when used with respect to satellite cable programming, mems to transmit such programming in a form whereby the aural rnd visual characteristics (or both) aro modified or altered for the purpoos of preventing the unauthor- iced receipt of such programming by persons without authorized equipment which is designed to eliminate the effects of such modification or alteration; 'Y4) the term 'private viewing' means the view�,n�for private use in an individual's dwelling unit by means of equipment, owned or operated-by such individual, capable of receiving . satellite cable programming directly from a satellite;and "(5) the term 'private financial gain' shall not include the grin resulting to any individual for the private use in such individual's dwelling unit of any programming for which the individual has not obtained authorization for that use. "(dXD Any person who willfully violates subsection (a) shall be fined not more than 11,000 or imprisoned for not more than 6 months, or both. "(2) Any person who violates subsection (a) willfully and for purpo,—A of direct or indirect commercial advantage or private financial gain,hall be lined not more than 825,000 or imprisoned for not more thr-n I yees,or both, for the first such conviction and shall be fined not more than (.40,000 or imprisoned for not mora than 2 yerra,or both,for any subezquent conviction. �I S.66-25 "(3XA) Any pat*on aggrieved by any violation of subncti*oa W m y bring a civil action in a United Statre district court or in any of e court of competent Jurisdiction. "(13)The court may— "(i)grunt Winixornry and Finn)l injunctions on etch torms as it may deem reasonable to prevent or restrain violations of subsea. tion(a); "(ii) award damr$cs as dc-cribed in snb ph (C); d "("(W) direct the rc�vsry of full casts, iar amnrdisans reasonable attorneys' fees to an aggrieved party a o prcraibL "(CXi) Damages awarded by any court undo this rection sb&H be computed, at the election of the aggrieved party,in accordance with either of the following subelausm . "(I) the .party aggrieved may recover the actual desaages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in deter- mining the violator's profits, the party aWeved shall be so- quired to prove only the violator's groes revenue, and the %iolat.or shall be required to prove his deductible expenses and the elements of profit attributable to factors other -than the violation;or "(U) the party aggrieved may recover an award of statutory damages for each violation involved in the action in a sum of not less than $250 or more than $10,000, as the court considers jusL "(ii) In any ca_"s in which the court finds that the violation wrs committed willfully and for purpmes of direct or indirect commer. cial advantage or private financial gain, the court in its discretion may increase the award of damages,whether actual or statutory,by an amount of not more than 550,000. "(iii) In any case where the court finds that the tiolator wes not aware and had no trerson to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than$100. "(4) The importation, manufacture, sale, or distribution of equip- ment by any person with the intent of its use to resist in any activity prohibited by subsection (a) sball be subject to penalties rad reme- dies under this subsection to the rime extent and in the arise manner as a person who has engaged in such prohibited activity. "(5) The penalties under this subsection shell be in addition to inose prescribed under any other provision of this title. "(6) Nothing in this subsection shall prevent any State,or political subdivision thereof, from enacting or odorcia any lams with re- spect to the importation, sale, manufacture,or=it of equip- ment by any person with the intent of its use to aaaist in the interception or rectipt of radio communications prohibited by sub sxtion(a). "(e) Nothing in this sc:-tion sha affect ray rtht, obli ttion, or liability under title 17, United States Code, any rule, rtgulation. of order thereunder, or any other applicable Federal, State, or local law. (b) The amendments made by subsection (a) tithsll !alae effect cc the effective date of this Act. ' r TMMnCAL AND OONIGINM O AAONDM=ff Ssc. 6. (a)Iltle VI of the 0= unications Art of 1934(ts in effed before the enactment of this .Art) is redmign.ated as title VII, and ecctions 601 through 610 are redoeigsatod as suctions 701 through 710, respocUvely. MD S_-•ction 309{h) of the Caramunientions Ad of 1984 Is amended bystriking out "section 606" and ine=ting in lion tharoaf "saction 706". (2) Section 2511 of title 18, United States Code, is amended— (A) in subsection (2Xe), by striking out "extien 605 or 606" and inserting in lieu thereof"section 705 or 706";and (B) in subeection (20, by striking out •'sectian 605" and iraerting in lieu.thereof"section 705". (3)Section 105(fX2XC)of the Foreign Intelligence Suneillanee Act of 1976 (50 U.S.C. 1808(fX2XC)) is amended by striking out "section 605"and inserting in lieu thereof"section 705". SUPPORT OF ACT MISS OF THS UNTTLD RAT=TSi20OMMUNICATIONa TLAI amu IIcR'IT = . SEc. 7. Nothing in this Act, the Communications Act of 19K or any other Act, shall be construed to preclude the Federal Communi- cations Commission or the National Te owmmuaications and Iafor- ma'ion Ad.aii.nistmtion within the Department of Commerce from participation (including use of staff and other appropriate re- sources) u1 support of any activities of the United States Telecom- munications Training Institute. TZ=O1iMUNICATIONS POLCY MMY 00M?LI_"...ION SEc. 8. Title VII of the Communications Act of 1934 (as r-3rsig- nated by section 6 of this Act) is amended by adding at the end thereof the following new a xtion: "TLI.ScOiQl=cATioNe PoucT STUDY com3a aiox "Sec. 711. (a)There is hereby e n blished the Telecommunications Policy Study CommLmmon (hereinafter in this taction referred to as the 'Commission')which shall-- 84(1) compare various domestic telecommunications policies of the United States and ottier nations, including the impact of all such policies on the regulation of interstate and foreign com- merce.and "(2) prepare and trammit a written report thereon to the Congren;, the President, and the Federal Communications Commission. "MD Such Commission shall be compoeed of the chairman and r"-king minority members of the Committee an Commerce,Science, and Trr-asportstioa and the Communications Subcammitt-* of the Senate and the Commits a on Enemy and Commerce and the Tele- communications, Consumer Protection and Finance Subcommittee of the House of Representatives (or delegates of such chairmen or members appointed by them from among members of such commiu-AI). "(2)The ch-pirmen of such eommitte--a (or their delegates)shall be cachrirmea of the Commix,ion. 0 •i S.66-27 "(cXD The report under subcertion (02) shall be submitted not later than December 1. 1987. Such report shall contain the results of all Commission studies and investigations under this section. "(2)The Commission shall cem u-to exist— "(A) on December 1, 19)69, if the report is not submitted in accordance with paragraph (1)on the date spec sed therein; or "(B) on such date (but not later than May 1, 1988) as may be determined by the Commission,by order, if the report is submit- ted in accordance with paragraph (1) on the date specified in such paragraph. "(dXl) The members of the Commission who are not officers or • employees of the United States, while attending conferences or meetings of the Commission or while otherwise serving at the request of the chairmen,shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of title 5 of the . United States Code. including traveltime, and while away from their homes or regular places of business, they may be allowed travel expenses. including per diem in lieu of subsistence as authorized by law (S U.S.C. 5703) for persons in the Government service employed intermittently. "(2) The Commission may appoint and fix the pay of such stair as it deems necessary. "(e)(l) In conducting its activities, the Corrmli&sion may enter into contracts to the extent it deems nece=ary to carry out its responai- bilities. including contracts with nongovernmental entities that are competent to perform research or investigations in areas within the %ummission's responsibilities. "(2)The Commission is authorized to hold public hearings, forums, and other meetings to enable full public participation. "(f)The heads of the depa.stmenta, agencies, and instrument!-Jities of the executive branch of the Federal Government shell cyor2mte with the Commission in carrying out this section and shall furnish to the Comm+«ion such information as the Commission deems necessary to cssry out this section, in accordance with otherwise applicable law. "(g)There are authorized go be appropriated such sums as may be appropriated to carry out this section for a period of three fiscal years. "(h) Activities authorized by this section may be carried out only with funds and to the extent approved in appropriation Acta. "(0 Nothing in this section shall be construed to affect any proceedings by, or acti%ities of, the Federal Communications Com- mission, except that the Federal Communications Commission shall consider submissions by the Commission submitted pursuant to subsection (W).". I IACC AMERICAN COMMUNITY CABLEVISION ANNUAL REPORT TO THE CITY OF ITHACA CABLE COMMISSION Fiscal Year 1986 519 West State Street Ithaca, New York 14850 607-272-3456 U Completed Line Extensions : July 1, 1985 to June 30, 1986 Date Location Length Passings 9/85 Linden Ave. 230' 15 10/85 S. Meadow St. 220' 66 11/85 Dryden Road 241 ' 32 11/85 120 Valentine Pl. 225 ' 24 6/86 S. Meadow St . 392 ' 3 6/86 Eddy St. 81 ' 8 Total 1, 389 ' 148 Service Requests and Complaints The vast majority of questions and complaints regarding cable service come to ACC in the form of requests for service calls. Service requests cover a wide range of activities including drop and cable repair, converter repair, amplifier repair, customer education, and outages. Within the City of Ithaca during the fiscal year ended June 30, 1986, ACC received 1 , 977 service requests. This is a decrease of 742 service requests from the previous year, or a 27 .3 percent decline in service requests . During the last two fiscal years the number of service requests received by ACC has declined from 3, 125 to 1, 977, a decrease of 1, 148 or 36. 7 percent. These numbers are, at first glance, impressive enough. But they become especially noteworthy when considered in light of the steady growth in the number of basic subscribers within the City of Ithaca. The graph on the following page illustrates this: 1 ACC Annual Report Fiscal 1986 Page 2 ' g 7,st8 17 Rte.Sins. to D � s 43+5 N 9 3,125 3 R.1%9 v I 19B� 19Bs 19�� The decline in service calls can be easily measured in the ratio of service calls to basic customers: Fiscal 1984: 1 service call per 2 .32 customers Fiscal 1985 : 1 service call per 2 .69 customers Fiscal 1986: 1 service call per 3 .80 customers During the fiscal year ended June 30, 1986, ACC also received written correspondence from customers. This correspondence included 19 letters regarding billing concerns, three letters regarding channel lineup changes, four letters : regarding our programming guide and six letters on various general cable issues. 2 AMERICAN COMMUNITY CABLEVISION DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION Audited Financial Statements June 30, 1986 Audited Financial Statements Auditors' Report. . ... ... .... ...... .. . . ............................ ....... .......1 Statement of Assets, Liabilities and Net Assets.. .. . . .. .. ... . .. ... ......... .. ...2 Statement of Revenues and Expenses and Changes in Net Assets.. . . . .. . ... . ... .. .. .3 Notes to Financial Statements. . ... ... ...................... .. ........... ..... ...4 Ernst &%inney 4300 Republic Plaza Denver, Colorado 80202 303/534-4300 The Board of Directors American Television and Communications Corporation We have examined the statement of assets, liabilities and net assets of American Community Cablevision Division of American Television and Commun- ications Corporation as of June 30, 1986, and the related statement of revenues and expenses and changes in net assets for the year then ended. Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As described in Note 1 , American Community Cablevision is one of several divisions and subsidiaries of American Television and Communications Corporation, and has material transactions with its affiliates. In our opinion, the financial statements referred to above present fairly the assets, liabilities and net assets of American Community Cablevision Division of American Television and Communications Corporation at June 30, 1986, and its revenues and expenses and changes in net assets for the year then ended, in conformity with generally accepted accounting principles applied as described in Note 1 and in a manner consistent with that of the preceding year. Denver, Colorado August 1, 1986 - 1 - AMERICAN COMMUNITY CABLEVISION DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION STATEMENT OF ASSETS, LIABILITIES AND NET ASSETS June 30, 1986 ASSETS Cash--Note 3 $ 239,423 Accounts receivable, less allowance for doubtful accounts of $65,093 131,199 Prepaid expenses and supplies 25,260 Property, plant and equipment, at cost--Note 2: Land, building and improvements $ 448,445 Distribution system 8,031,746 Vehicles and other equipment 966,495 Construction in progress 36,965 9, 83,65 Less accumulated depreciation (3,866,627) Net property, plant and equipment 5,617,024 Franchise costs, less accumulated amortization of $780,990--Note 2 1,456,418 Other Assets • 3,500 $7,472,824 LIABILITIES AND NET ASSETS Accounts payable $ 79,203 Accrued liabilities 239,719 Subscribers' advance payments and deposits 356,417 675,339 Net assets--Note 1 6,797,485 $7,472,824 See notes to financial statements - 2 - AMERICAN COMMUNITY CABLEVISION DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION STATEMENT OF REVENUES AND EXPENSES AND CHANGES IN NET ASSETS Year Ended June 30, 1986 Revenues: Service $4,329,209 Connection and other _ 843,875 $5,173,084 Expenses--Notes 1 and 2: Operating and origination 1,634,158 Selling, general and administrative 1,692,027 Depreciation and amortization 1,026,660 Interest 449,601 4,802,446 Income before charge in lieu of income taxes 370,638 Charge in lieu of income taxes--Note 5 90,000 Net income 280,638 Net assets at beginning of year 6,479,584 Net advances from corporate office 37,263 Net assets at end of year $6,797,485 See notes to financial statements , - 3 - AMERICAN COMMUNITY CABLEVISION DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION NOTES TO FINANCIAL STATEMENTS June 30, 1986 1. Basis of presentation The Division is principally engaged in the operation of a cable television business, including premium programming. It operates in the City of Ithaca, New York and contiguous areas under nonexclusive franchise agreements which are in effect until 1991. The Division has no separate legal status or existence. Its resources and existence are at the disposal of American Television and Communications Corporation (ATC) management, subject to contractual commitments by ATC to perform certain long-term contracts within the present divisional structure. Its assets are legally available for the satisfaction of debts of the entire corporation, not solely those appearing in the accompanying statements, and its debts may result in claims against assets not appearing therein. It is one of several divisions and subsidiaries of ATC, and transactions and the terms thereof may be arranged by and among members of the affiliated group. ATC was a wholly-owned subsidiary of Time Incorporated (Time) until August 12, LJ' 1986, at which time approximately 20% of ATC's stock was sold to the public. The Division records charges for selling, general and administrative expenses that are directly associated with it and a portion of the ATC expenses ($520,540 for the year ended June 30, 1986) which are allocated to divisions and subsidiaries based upon subscriber levels. Interest charged to the Division by ATC ($450,052) was computed by multiplying 60% of the Division's average net assets by the average interest -rate (11.37% for the year ended June 30, 1986) on ATC's outstanding borrowings. 2. Significant accounting polici-es Property, lant and equipment: Depreciation is provided on the straight-line basis over the estimated useful lives of the assets as follows: Building and improvements 10-20 years Distribution system 8-15 years Vehicles and other equipment 4-10 years Franchise costs: The Division has deferred costs incurred to acquire the rant ises. Amortization of franchise costs is provided on the straight-line basis over periods of up to forty years. 3. Restricted cash Cash is restricted in the amount of converter deposits ($167,531 at June 30, 1986) . This amount is held by the Division and is refundable to customers. - 4 - fi t' «f n it ii Y AMERICAN COMMUNITY CABLEVISION DIVISION OF AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION NOTES TO FINANCIAL STATEMENTS June 30, 1986 4. Related party transactions The statement of revenues and expenses and changes in net assets includes charges for programming and promotional services provided by Home Box Office Incorporated, a subsidiary of Time. These charges were based upon customary rates. 5. Income taxes Operating results of the Division are included in the consolidated federal income tax return of Time. In lieu of income taxes, ATC charges the Division an amount which approximates statutory state and federal income tax rates on pretax income, less investment tax credits (ITC) on current year propert additions. For the year ended June 30, 1986, ITC utilized was approximately 1130,000 and a provision of approximately $30,000 has been charged for a reduction in basis of certain property, plant and equipment due to investment tax credit utilized. ITC is accounted for by the flow-through method. There is currently tax legislation pending in Congress which, if passed, may reduce the availability of ITC beginning January 1, 1986. 6. Leases Rental expense for the year ended June 30, 1986 amounted to $86,600. The Division had no significant noncancelable rental commitments. - 5 - CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 DEPARTMENT OFt,• o' ' �T LE�kID.E:272-1713 F o� PLANNING&DEVELOPMENT tc9 f m r r �8 CODE 607 H.MATTHYS VAN CORT,DIRECTOR MEMORANDUM G ) To: Mayor John C. Gutenberger Ralph W. Nash, Esq. L_-C'allista F. Paolangeli, Clerk Robert Fletcher, Chairman, Cable Commission David A. Lytel, Council From: H. Matthys Van Cort y Re: Request For Proposal Date: March 10, 1987 Enclosed please find for your information and records, a copy of Request For Proposal regarding renewal of the cable franchise which was delivered to American Cablevision this date. HMVC/mc Attachment "An Equal Opportunity Employer with an Affirmative Action Program" REQUEST FOR PROPOSAL FOR THE CITY OF ITHACA, NEW YORK L ft TABLE OF CONTENTS Page Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i-Ix Section I . Ownership Experience and Financial Resources. . . . . . . . . . . . . . . . . . I A. Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Financial Commitments 3 C. Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section II . Financial Experience and Projections. 7 A. Financial Experience and Projections 8 Section III . Construction and Service. . . . . . . . . . . . . 28 A. Service Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 B. Construction Practices. . . . . . . . . . . . . . . . . . . . . . . 30 Section IV. System Design. . . . . .. . . . . . . . . . . . . . . . . . 32 A. Channel Capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 B. System Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section V. Channel Allocation. . . . . . . . . . . . . . . . . . . 38 A. Broadcast Channels. . . . . . . . . . . . . . . . . . . . . . . . . . . 39 B. Satellite-Delivered Channels. . . . . . . . . . . . . . . . . 40 C. Pay Cable Services. . . . . . . . . . . . . . . . . . . . . . . . . . . 42 D. Access Channels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 E. Radio Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 F. Summary of Channels byTier. . . . . . . . . . . . . . . . . . 43 Section VI . Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 A. Basic Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 B. Pay Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 C. Other Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Section VII . Local Programming. . . . . . . . . . . . . . . . . . . . 50 A. Public Access . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 51 B. Educational Access . . . . . . . . . . . . . . . . . . . . . . . . . . 55 C. Local Origination 56 D. Leased Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 TABLE OF CONTENTS (CONTINUED) Page Section Vill . Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 A. Local Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 B. Equal Employment Opportunity. . . . . . . . . . . . . . . . . 61 Section IX. Consumer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 A. Privacy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 B. Consumer Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . 65 C. Billing Practices. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 69 Section X. Term of Franchise. . . . . . . . . . . . . . . . . . . . 70 A. Term of Franchise. . . . . . . . . . . . . . . . . . . . . . . . . . 71 INTRODUCTION The City of Ithaca has conducted an indepth analysis of the needs of the community. Based on the work of the Cable Commission, the reports of the City' s consultant and the assessment of Council and staff in. Ithaca, the City has established minimum standards for cable service in Ithaca and developed evaluation criteria for assessing the proposal to be developed by American Community Cablevision (ACC) . The deadline for submitting ten ( 10) copies of the proposal to the City Is Monday, April 6, 1987. if it is not burdensome, the City would appreciate receiving an additional twenty-five (25) copies. Following are the City' s minimum requirements and evaluation criteria. I . Minimum Requirements The City of Ithaca has established a number of minimum requirements and specifications related to the cable communications franchise. ACC' s application for Ithaca ' s cable franchise should reflect a commitment to each of the minimum requirements outlined below. In this Request for Proposal the terms Applicant and Company are used to refer - i- to ACC and the term Franchisee is utilized when referring to requirements that will be placed on the franchise holder. Access The City' s goal is to ensure the development and propagation of public, governmental and educational access as a vital community resource. This includes promoting access for all residents, Institutions, and organizations In the City; allocating channel time and facilities to users; and stimulating the production of new programming. The City expects to rely heavily on the Company for operational and technical support . Access channels are those channels available to local organizations, Institutions and residents to produce, direct and perform their own programs and the City places a high priority on the development of access channels. The following describes the minimum requirements for access. o Channel allocation: The franchisee will allocate the following channels for access with the technical configurations described below: -- No less than nine downstream channels on a 60 channel system for public, governmental , and educational access. -- If a system of more than 60 channels Is provided, no less than IS percent of the downstream channel capacity. - ii- -- As currently configured, without a converter, no less than one downstream access channel on the basic tier and no scrambling of access channel signals unless specified by the City for closed circuit programming. -- If the technical configuration Is altered (e.g. , every subscriber receives a converter) , all access channels on the basic tier. Just as the Franchisee Is expected to commit substantial resources to operate, maintain and promote use and viewership of basic and premium entertainment services, so the Franchisee will be expected to commit resources adequate to operate, maintain and promote use and viewership of channels devoted to access. Ithaca therefore desires that the Company agree to the following for access. o Operational Support of Access: The City desires the Company to pledge annual operational support to public access. o Technical Support : The City expects the Franchisee to provide technical support and training. o Equipment and Facilities: The Franchisee will be expected to provide high quality equipment that is easy to use and maintain; studio space and facilities that are equipped for high quality audio and video production; portable equipment and mobile production facilities; provision for utilizing selected locations as cable casting sites apart from main studio facilities; and character generation equipment with multiple input terminals for community and municipal information services. The Company is requested to Itemize the equipment currently available -iil- i and that proposed: The list of new equipment to be purchased will be subject to City approval . The list should Include among other equipment, a 1 /2" editing system, additional portable equipment, and audio and lighting equipment . The Company Is required to maintain and replace this equipment. o Insurance. The City requires that the Company insure access equipment for non-willful damage. The City intends to establish an oversight board to oversee access and to work with the Company In the development of access. The City also reserves the right to establish a non-profit access corporation at some future time. Please reference Rice Associates Institutional Ascertainment. Interconnection The City encourages the interconnection of the access channels with surrounding municipalities and is seeking proposals from the Company in this area. Subscriber Network The City requires that the Company outline in detail its proposal for a cable network offering continuous, high quality service to residential subscribers. The City places a high priority on plans to meet the current and future cable-related needs of the residents of Ithaca. A minimum of 60 channels is required by the City. The -Iv- Company' s proposed system is expected to provide a diversity of services, including public access, educational access and government access. Service is required to be available to all residents within the City. The City has found a demand for two-way services and as a part of Its research has discussed with Cornets University their need for upstream channels. In these discussions, Cornell has indicated a willingness to pursue the possibiity of bearing the cost of two-way for subscription use by students, faculty, and interested businesses and subscribers. Further, if two-way channels were implemented, the University would allocate some portion of the bandwidth for, City and public/ Institutional access use. Some allocation of channel capacity for municipal and other access use on the upstream channels Is required by the City. The City requires the Company to provide operational upstream channels throughout the City, unless the Company can show, in an initial response to the RFP, that the Company has engaged in good faith discussions with Cornell and any other third party and that an arrangement could not be structured so that individual non-two-way subscribers would not bear the incremental cost associated with Installation or the cost of ongoing operation of the upstream channels. -v- Consumer -Compatability The City requires the Company to prepare a plan describing how the system will be compatible with cable ready television sets, stereo television, VCRs, and other consumer products. The franchisee will require that .subscribers be able to purchase converters from sources other than the Company and will allow subscribers to have internal wiring installed and maintained by parties other than the Company. The City also requires the Company to insure converters against non-willful damage. Consumer Services The Company should specify which services It intends to provide as part of its basic cable service tier, other tiers of service, and pay offerings. The Company is required to have the access channels on the basic service tier, to the extent specified in the previous section entitled Access Channels. The City seeks high quality and diverse cable services. Please reference Rice Associates' Consumer Market Survey. Regulation of the Franchise By applying for the franchise, the Company agrees to reimburse the City for all costs associated with the renewal process including but not limited to all costs -vi- incurred by the City in its needs assessment process, preparation of Ordinance and Request for Proposal documents, the evaluation of the proposal , examination of the Companys' qualifications, examination of FCC related rate regulation, and franchise negotiations . The City will provide . the Company with an accounting of these expenses. The Company is required to deliver said payment to the City within thirty (30) days of receipt of the City' s invoice. The City will be preparing a draft comprehensive cable television Ordinance and will seek the Company's comments. The City requires, among other items: a Performance Bond; Letter of Credit; Consumer Protection Provisions, including but not limited to, billing practices, telephone answering requirements, and response time; Liquidated Damages to the City and to consumers; EEO provisions; and all provisions required by the New York State Commission on Cable Television. Franchise Fee The City will require a franchise fee of five (5%) percent of gross annual revenues. Term The City requests that the Company Indicate the franchise term that is sought. -vii- i H . EVALUATION CRITERIA The City will conduct a complete and thorough analysis of the proposal . In ' addition, qualitative and quantitative considerations will be important factors In the City' s overall evaluation of the proposal . The commitment to the cable communications facility of the City of Ithaca will be an important consideration. The major considerations described below will serve as guidelines for the evaluation of the proposal . These guidelines will serve as a basis to analyze the relative merits of the proposal . The criteria below are not listed in order of priority. I . Benefits to Ithaca and its Citizens o Provision of high capacity and quality service to all residents. 2. Local Programming o Demonstrated commitment to quality, diversity and responsiveness in public access reflecting the needs of the City' s population and its institutions. o Commitment to educational and governmental access. o Provision for local origination facilities and staff. 3 . Financial o Financial resources and capability. o Financial feasibility and viability of projections and underlying assumptions. -viii- 4. Construction o Consumer related technical plans. o Rebuild. S . Compliance with Minimum Requirements of the City 6. Technical System Desigm, Operation, and Channel Capacity o Consumer policies . o Rebuild plan and policies. o Operations policies. o Maintenance policies. -ix- i x Section I Ownership Experience and Financial Resources Part Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Financial Commitments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B Experience. . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C I B. Financial Commitments Please describe in detail the existing financial structure and future financing plans for the City cable communications system. Please limit all descriptions to five pages . Proof of financing shall include the following: 1 . Source of financing: (a) Equity - What is the source and amount of equity capital ?* (b) Primary Debt -- What is the primary source and amount of debt? (c) Secondary Debt -- If there Is a secondary debt, what Is the source and amount of debt? (d) Name and title of officer in bank(s) or lending inst'itution(s) who has authorized the financing of this project : 2. Terms of Financing: (a) Amount - Primary $ Period Amount - Secondary $ Period (b) Under what conditions has or is the financing to be made available? (c) What interest rates? (d) What collateral Is Involved? *If any portion of equity contribution is borrowed, describe collateral and terms of the loan. 3 (e) Who are .the guarantors? ( f) Are there related agreements made in connection with financing of this project? (g) Are there any limitations on the sale of stock by individual holders In this project? Describe. (h) Are there any buy-out or buy-back stock provisions? Describe. ( 1 ) Are there any assignments or Intended assignments of stock voting rights? If so, describe. 3 . Documentation -- Supply documentation that supports the availability of the projected amount of debt and equity financing, such as letters of commitment from financial Institutions. Letters should specify the conditions pertaining to such financing. If an existing line of credit Is to be utilized the amount of funds specifically available to finance the Ithaca cable system and not committed elsewhere should be clearly specified. 4 C. Experience I . Please list all cable systems constructed or rebuilt in the last three years in which applicant or any principal* owns 3 percent or more of equity Interest . (Please reproduce this form as needed. ) Location of system Date of most recent franchise award Plant miles of system, a) aerial b) underground Amount committed for: a) Local origination equipment b) Public, educational and government access equipment c) Annual local origination operating budget d) Annual public, educational and government access operating budget Miles of new plant Miles o rebuilt Percentage of system ownership held Holder of controlling ownership interest Number of subscribers Pay units sold Basic subscribers omes passed by cable Present Current subscriber rates: a) Installation b) Basic (Tier 1 ) c) Expanded Basic (Tier 2) *For purposes of this form, "principal " means any officer or director of applicant, and any person, firm, corporation, subsidiary, joint venture or other entity, who or which owns or controls 3 percent or more of the voting stock (or any equivalent voting interest of a partnership or joint venture) of an applicant. 5 i' Hours of Local programming per week a) local origination b) public, education and government access channels Name and address and telephone number of local government officials responsible for cable. operations 2. Please list all litigation your company or Its principals have been Involved in with franchising authorities and list the Issues involved In the litigation. 6 Section 11 Financial Experience and Projections Part Financial Experience and Projections . . . . . . . . . . . . . . . . A 7 i A. Financial Experience and Projections Directions I . When preparing the three year financial experience statement provide the Information for 1983 (Year 1 ) , 1984 (Year 2) and 1985 (Year 3) . 2 . When preparing the 15-year financial projections, the applicant is required to use 1987 prices and assume an. annual. inflation rate of four percent thereafter. 3. The fifteen year projection period requested is for evaluative purposes only_ and in no way reflects the term of any franchise which may be granted. 4. If it is anticipated that after the rebuild a subsequent upgrade of the system will occur during the fifteen year projection period, all capital expenditures and the date of such upgrade should be reflected on pro forma financial statements. S. The applicant is required to specify the assumptions used to develop each of the financial statements by completing the assumption questionnaire following the financial statement forms. The information provided on the assumption questionnaire should correspond with the projections contained in the pro forma financial statements. Please enumerate any other significant assumptions that would assist in understanding how the . pro formas were developed. 6. Please note that the pro forma formats which follow contain the information that is required. However, if the applicant desires the City to consider a different ordering or format, the applicant can send in a copy of the revised format to the City for review to see if it is acceptable to the City. 8 THREE YEAR EXPERIENCE 9-OSCRIBER IW-Mv 4TION YEAR I 2 3' r LOCAL CHARACTER I ST I CS Hames Passed (HP) Aerial Mlles Constructed Underground Mlles Constructed BASIC SUBSCRIBERS Tier I - % of total basic subs - average mmber of subs Tier 2 - % of total basic subs - average nxnber of subs (Add additional tiers If applicable) Total Basic Subs - Beginning - Added - Ending - Average - Average Penetration of HP) Am rIaoL amETs Nurber of Additional Outlets Sold - Tier - Tier 2 - Total - Ratio of Total Additional Outlets Sold to Total Basic Subs PAY SLA3SCR 18ERS Nurtrer of Pay Subs NUrber of Pay Units Sold Rat to of Pay Units Sold to Total Basic Subs FM S13W ICE Nurber of FM Subs Ratio of FM Subs to Total Basic Sibs SUBSCR I BER I NFC F"T I UN (CCTlT 14-ED) I 3 y YEAR 2 PAY PER VIEW Nurber of Pay-Per-View Units Sold Ratio of Pay-Per-View Units Sold to Total Basic Stbs OTHER SERVICES (list each service separately) Nmt>er of Units Ratio of Units Sold to Total Basic Sibs C s 91 9041 BEJI R£VErtk (000's) AVERAGE YEAR 1 2 3 TurAL AM A6L SLE SCR I BER REVENX Basic Tier 1 Tier 2 (Add additional tiers If applicable) Total Additional Outlets Tier I Tier 2 Total Converter Rental• Remote Control Units Pay Service Total Pay Service Revenue Less Mjl tipie Pay Service Discounts Net Pay Service Revenue Parental Control Units I'M Service Pay-Per-View Other Services (list each service separately) Installation TLTTAL. Subscriber Revenue JCX 1-SLUSCR i BER REVEN.E Advertising (net) Channel Leasing Facilities and Equlpnent Rental 1-Net Other (list each separately) rUTAL Non-Suvscrlber Revenue TUTAL REVENIJ` 'If converter rental fee Is a separate charge from basic service rates. PUW r Salaries and Benefits Plant Malntenance Converter Maintenance 'Pole and Site Rental System Power Vehicle Expense Other (specify components) TUTAL Plant PRCKPNNIt, AND CRIGINATICN* Salaries and Benefits Satellite Fees Pay Service Fees Studio Suppl les and Expenses Copyright Fee Other (specify cotrponents) TUTAL origination CD+E2AL/SELL iNGlACMiNISTRATICN Salaries and Benefits (general and admin.) Salaries and Benefits (marketing) Advertlsing and Proration Bad Debt Accounts Billing and Mailing Rent, (teat and Lights Telephone and Office Expense Insurance Professional Services (specify services) Management Fee Services from Parent Company (specify services) State and Local Taxes Franchise Fee TUTAL General/SelIIng/AdministratIon T UrAL CJPERAT I tC E)(PEN ES e7Pt-:RATING RATIO (total operating expenses/ total revenues) se *If separate fumxfing Is providexl for local origination, fxdmllc access, eclucatlonal access, and/or rtunlpat access, other. provide Indivicl.�at breakdowns for Salaries and benefits, Studio Supp IIes and Expenses, CAPITAL DUIIEMI Ul ES (000's) ., YF7Vt --- -- -------- ---- ----- z 3 TOTAL Larx� duIIdIng Tower and Antennas Earth Stations and Foundations lieadend Equipment Distribution Aerial (Including pole make ready) LInderground Institutional Subscriber Drops Converters Local Origination Equipment Vehicles Engineering and Inspection Tools/Spares Contingency Fund Other (specify components) TUTAL CAPITAL W EXPEL D I TWES CutulatIve Expenditures DEPRECiATICN SO UXLE (000's) YEAR I 2 3 TOTAL Building Tower and Antennas Earth Stations and Foundations Headend Equipment Distribution Aerial Underground Institutional Subscriber Drops Converters Local Origination Equipment Vehicles Other (specify components) TOTAL DE 1REC I AT ICN Accurmlated Depreciation M PROFIT AND LOSSlFLPDS FLAN YEAR 1 2 3 TUTAL PROF IT AND LOSS 5fATT1,1EW Total Operating Income Direct Operating Expenses Operating incase (Loss) Depreclatlon/Amortizatlon Interest Expense Management Fee Federal/State Income Tax Extraordinary Items (Including Investment Tax Credit) Net Income (Loss) S[JU2OMS OF FINDS Net Income + Depreciation Debt Issues Equity Issues Other Sources (Including converter V+ deposits) TUTA. SOURCES (Including net Income) USES OF FLhDS Additions to Oper. Assets Additions to Other Assets Refunding Debt or Equity Dividends TUTAL USES NET INCREASE (DECREASE) IN CA-%i CLMXAT 1 VE CASH 1141-A� PERCENT RETLRN ON INVESThENT AVERA(Z LOAN BAL*U AVERAGE INTEREST RATE EIN-ANCE 9IEEE YEAR 1 2 3 TOTAL ASSETS Cash Accounts Receivable Allowance for Doubtful Accounts Other Total Current Assets Property, Plant, and Equipment Headends Distribution System Subscriber Devices Program Origination Equipment Construction Work In Progress Other Less Accumulated Depreciation Net P, P, & E Intangible Assets Other Total Assets LIABILITIES Accounts Payable Notes Payable Current Portion Long-term Debt Other Total Current Liabilities Long-tern Debt (net of current portion) Due to Affiliated Companies Equity (specify) Total Liabilities and Omners' Equity. Cormmltments and Contingent Liabilities FIFTEEN YEAR PROJECTIONS SUBSCRIBER INFM*T1CN YEAR 1 2 3 4 5 6 7 8 9 10 11 11 13 14 Is + LOCAL GWQCTERISTICS Hones Passed (HP) Aerial Mlles Constructed Underground Mlles Constructed BASIC SUBSCRIBERS Tier I - % of total basic subs - average rxrrber of subs Tier 2 - % of total basic subs - average number of subs (Ada additional tiers If applicable) Total Baslc Subs - Beginning - Added - Ending - Average - Average Penetration ($ of HP) AM ITIONAL CUTLETS v Mxber of Additional Cutlets Sold - Tier I - Tier 2 - Total - Ratio of Total Additional Outlets Sold to Total Basic Subs PAY SUBSCRIBERS Nutrber of Pay Sibs IVMnber of Pay Units Sold Ratio of Pay Units Sold to Total Basic Subs - FM SERVICE Nurber of FM Subs Ratlo of FM Subs to Total Basic Subs SLI SCR I BER I W-CFMT I ON (Q?JT I rAJ<D) YEAR I 2 3 4 S 6 7 8 9 10 II 12 13 14 Is PAY PER VIEW Nurtbcr of Pay-Per-View Units Sold Ratio of Pay-Per-View Units Sold to Total Basic Subs l3I1i1N SERVICES (list each service separately) Nu rt>er of Un I t s Ratio of Units Sold to . Total Basic Subs a R13SC R I BER REVENX (000's) AVERAGE YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTAL A44-AL 9U35CR 1 BER REVEN)E Basic Tier I Tier 2 (Add additional tiers If applicable) Total Additional Outlets Tier I Tier 2 Total Converter Rental* Remote Control Units Pay Service Total Pay Service Revenue Less Multiple Pay Service Discounts Net Pay Service Revenue Parental Control Units FW Service Pay-Per-View Other Services (list each service separately) Installation TUTAL Subscriber Revenue NON-SUtL9_R 143F12 REVENJE Advertising (net) Channel Leasing Facilities and Equipment Rental I-Net Other (list each separately) TUrAL Non-Subscriber Revenue TUTAL REVE1a3E *if converter rental fee Is a separate charge from basic service rates. DIRL"cr CPbRATING EXPENSES (000's) AVFJV<E YEAR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTAL M44-AL PLANT Salaries and Benefits Plant Maintenance Converter Maintenance Pole and Site Rental System Power Vehicle Expense Other (specify components) TUTAL Plant PIdWiAtiMING ANS CRIGINATICN• Salaries and Benefits Satellite Fees Pay Service Fees Studio Supplies and Expenses Copyright Fee Other (specify components) TOTAL Origination IJ GENET AL/SELLiNC/AONINISTRATICN Salaries and Benefits (general and admin.) Salaries and Benefits (marketing) Advertising and Promotion Bad Debt Accounts Willing and Halling Rent, Heat and Lights Telephone and Office Expense Insurance Professional Services (specify services) Management Fee Services fron Parent Company (specify services) State and Local Taxes Franchise Fee TONAL General/Selling/Adnlnistratlon TOTAL OPERATING EXPENSES OPERATING, RATIO (total operating expenses/ total revenues) 'If separate funding Is provided for local origination, public access, educational access, and/or municipal access, please provide individual breakdowns for Salaries and Benefits, Studio Supplies aril Expenses, and Other. CAPITAL F-WEIN)IIU!tES (000's) YEAR 1 2 3 4 S 6 7 8 9 10 11 12 13 14 is TOTAL Land Building Tower and Antennas Earth Stations and Foundations Headend Equipment Distrioutlon Aerial (Including pole make ready) Underground Institutional Subscriber Drops Converters Local Origination EquIp ment Vehicles Engineering and Inspection Tools/Spares Contingency Fund Other (specify cartponents) TOTAL CAPITAL E)GIEND I TUtES N Czw Iative Expenditures DITRECIATICN SOCA-LE (000's) YEAR I 2 3 4 5 �6_ 7 8 9 10 11 12 13 14 Is TUTAL Huilding Tower anal Antennas Earth Stations and Foundations ileadend Equipment Distribution Aerial Underground d Institutional Subscriber Drops Converters Local Origination Equ i pmc:n t Vehlcles Other (specify cmponents) MAS 4 YitEClATlCN Accurst I a t ed Depreciation N N M0171 AND LOSS/FU-0S FLOP YEAR 1 2 3 4 5 6 2 8 9 10 11 12 13 14 15 MAL PROF If MD LOSS STAIDANT I u t a 1 Q>e r a t l ng I nc orre Direct Operating Expenses (4>eratIng Income (Loss) Depreclatlon/Amrtlzatlon Interest Expense htanagurent Fee Federal/State Income Tax Extraordinary Items (Including Investment Tax Credit) Net Income (Loss) SCLWES CF FUNDS Net Income + Depreciation Debt Issues Equity Issues Other Sources (Including converter deposits) TUTAL SOURCES (Including net Income) USES CF FINDS N AiidltIons to Oper. Assets w Additions to Other Assets Refunding Debt or Equity LU l v l den ds TUTAL USES N1---T INCREASE (DECREASE) IN CASH ojA- A T I vE CASH BAI A\a PERQWr RETURN CN I NVESThtT(T AVERAGE LOAN BALANCE AWJV<E I NTERES"T RATE BALING 9lEET YEAR 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 TOTAL. ASSETS Cash Accounts Receivable Allowance for Doubtful Accounts Other Total Current Assets Property, Plant, and Equipment Headends Distribution System Subscriber Devices Program Origination Equipment Construction Work In Progress Other Less Accumulated Depreciation Net P, P, & E Intangible Assets Other Total Assets LIABILITIES N Accounts Payable Notes Payable Current Portion Long-term Debt Other Total Current Liabilities Long-term Debt (net of current portion) Due to Affiliated Companies Equity (specify) Total Liabilities and Owners' Equity Commitments and Contingent Liabilities PRO FORMA ASSUMPTIONS The information provided below should correspond with the projections contained in the pro forma financial statements. Homes Passed Projected annual growth in number of homes passed? Source of estimate? Installation Revenue How was installation revenue calculated: o Assumed percentage of subscribers per year paying installation fee? o Assumed percentage of reconnections per year? o Assumed level of pay churn? Operating Expenses Employee benefits and taxes are assumed to be what percent of payroll ? Please indicate the projected number of employees for Years 1 - 15 in each of the following areas: Plant Origination General and Administration Marketing Assumption behind converter maintenance expense projection? Assumed number of poles per mile and assumed charge for pole rental per pole, per year? Assumed system power expense per plant mile? Average annual vehicle expense per .vehicle? Assumed satellite fees (per sub, per month, per tier) : Tier I Tier 2 (Add additional tiers If necessary) 25 r , Pay . services fees are assumed to be what percent of total pay service revenue? Have any MSO discounts been assumed? If so, what percentage? Discounts for multiple pay service subscribers are assumed to be what percent of total pay service revenue? The projected copywrite fees are based on how many "distant signal equivalents" and are what percent of basic service revenue? Please state the assumptions behind advertising and promotion expense projections. Bad debts are assumed to be what percent of total revenue? Billing and mailing costs are projected to be how much per sub? How were telephone and office expenses calculated? Management fee is assumed to be what percent of total revenue? What services, if any, will be purchased from the parent company that are not covered by the management fee? Capital Expenditures Projected cost per aerial mile (Rebuild) . Please allocate costs to the categories provided. Design Hardware Cable Electronics Labor Makeready Upstream Equipment TOTAL Projected cost per underground mile (Rebuild) . Please allocate costs to the categories provided. Design Hardware Cable Electronics Labor Upstream Equipment TOTAL 26 What is the average projected cost per subscriber drop? What is the average projected cost per converter? Please explain the assumptions behind the converter replacement schedule? What is the anticipated number and type of vehicles (cars, light trucks, bucket trucks, etc. ) that will be purchased and the estimated. cost for each. type of vehicle? Profit and Loss What was the method used to calculate return on Investment? ( If the Net Present Value or Internal Rate of Return methods were used to calculate ROI , what was the assumed residual value of the system In Year 15 and method used to estimate residual value? ) Other Please enumerate any other significant assumptions that would assist in understanding how the pro formas were developed. 27 Sect i-on 1 1 I Construction and Service Part Service Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Construction Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 28 A. Service Area 1 . If any areas are not currently served within the corporate boundaries of the City of Ithaca, please provide a map which indicates the areas and state reasons for these areas not being served. 29 t , d. Construction Practices I . Please provide a listing and description of the equipment and timetable for a rebuild of the cable system. 2 . For rebuild construction: (a) Will construction be undertaken by a turnkey contractor? Yes No (b) if "yes : " ( 1 ) Has the turnkey contractor been selected? Yes No (2) Who is the turnkey contractor? 3 . Discuss availability of work crews and equipment to ensure compliance with the upgrade and if applicable, upgrade rebuild schedule and line extensions. Detail outstanding agreements with construction companies or equipment suppliers. Supply copies of any commitments regarding projects of this nature. 30 4. Discuss proposed construction standards dealing with safety and reliability. List construction codes which are and/or will be followed. 5. Do you have a manual of construction practices covering rebuild tasks to be followed by construction/work crews? Yes No If "yes, " attach a copy of the manual as an appendix to this application. 6. Do you adhere to the NCTA standards of good construction practices? Yes No 7. Please describe your "cut over" plan to go from the existing system to the rebuilt system. 31 Section IV System Design Part Channel Capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A System Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 32 A. Channel Capacity 1 . What are the number of downstream channels available after the rebuild. MHz Channels 2. What are the number of upstream channels available after the rebuild? MHz Channels 3 . If all of the above channels will not be activated at the time of this application, please describe which channels will not be activated, and provide a timeline for their activation. 4. if all of the above channels will not be activated at the time of this application, please describe which channels will not be activated, and provide a timeline for their activation. 33 B. System Design I . Pfease describe the overall system design of the planned rebuilt plant and provide the following system mileage figures. Aerial Underground Miles Miles Distribution Plant Plant to headend 2. Please describe the existing distribution system, equipment and cable. Give manufacturer, type and model number. Cable: Aerial : Underground Drop: Trunk Amplifiers : Line Extenders : Power Suppliers and System: Splitters: Subscriber Taps: Connectors : 34 t Converters : ( indicate if addressable and whether all subscribers will receive a converter) Satellite Receive Stations: Other : 3. What types (manufacture and model ) of equipment will be used in the rebuild. 4. Please provide details on the planned trunk amplifier spacing for the rebuilt system. S. Describe any plans for converters. 6 . What is your policy for replacing subscriber drop cable and are there existing field test policies for testing drop cable for loss or signal ingress? If applicable, please provide details on your testing policy. 35 7 . Describe any ancillary services to be provided, and, in the case of City services (e.g. , data transmission) where the services will originate from. - 8. Stipulate the number of channels available for ancillary services. 9. Describe the technical standards that the system w-Ill comply with. 10. If applicable, please provide a schedule for the installation of standby emergency battery powering for the system covering the supertrunk, system trunk and feeders. 11 . Describe any additional system features not described elsewhere. 12. What will be the longest amplifier cascade? Number of amplifiers : Number of miles: 4 36 13. Specifically describe a plan for radio frequency noninterference Including compliance with all applicable technical rules contained in Part 76 of the Rules and Regulations of the Federal Communications Commission (47 C.F.R. Part 76) including, but not limited to, cable radiation limits established by the FCC In Section 76.605(a) ( 12) of that Commission' s rules. 14. Please describe how the cable system will provide antenna switches to subscribers In response to the FCC' s must carry regulations. 37 Sect i oft V Channel Allocation Part Broadcast Channels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Satellite-Delivered Channels. . . . . . . . . . . . . . . . . . . . . . . . . B Pay Cable Services. . . . . . . . . . . . . . . . . . . . . . C Access Channels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . D Radio Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E Summary of Channels by Tier, . . . . . . . . . . . . . . . . . . oo . . . . . F 38 A. Broadcast Channels 1 . List the local broadcast channels which will be provided. Off Cable Air Call Network City of Activation Channel Channel Letters Affiliation License Date, 2 . List the imported broadcast channels that will be provided. Cable Call Network City of Method of Programming Acti- Ch. Ltrs Affili- License Importa- Hours/Day vation tion tion Date 39 B. Satel) ite-Dell-vered .Channels 1 . Please list the non-automated Satellite Video Channels that will be provided. Acti- Cable Programming Dedicated Composite vation Ch. Service Satellite* Hours/Day Channels Channels Date 2 . Please list the Automated Satellite Channels that will be provided. Acti- Cable Programming Dedicated Composite vation Ch. Service Satellite* Hours/Day Channels Channels Date *Westar III , Satcom Il , etc. 40 3 . Please list system originated programming ( includes programming locally produced, purchased, leased or obtain from other sources, excluding ACCESS) . Acti- Cable Programming Dedicated Composite vation Ch. Service Source Hours/Day Channels Channels Date 41 C. Pay Cable Services I . Please describe the pay-per-channel cable services that will be provided now and in the future. Indicate what cable channel each service will appear on. 2 . Please describe the pay-per-view or user services that will be provided now and in the future. Indicate what cable channel each :service willappear on. D„ Access Channels 1 . Please describe the number of channels that will be set aside for the following: Cable Activation Channel (s) Date Leased access Public access Government access Educational access Local origination Training Channel Indicate formulas for allocation of channels for future service. 42 F. Radio Services I . Please describe the radio services that will be provided, broadcast or non-broadcast . Identifi- cation or Non City of Program- Dedi- Compo- Acti- Network Broad Broad_ - License ming cated - site vation Affil . cast cast Orig. Hrs. /Day Channel Channel Date 2 . Please describe what stereo/TV simulcast channels will be offered and describe how this will- be handled technically. F. Summary of Channels by Tier 1 . Please provide a listing of cable channels and services that will be provided by tier of service. 2. Please describe any additional service features (e.g. , parental control , hearing Impaired services) . - 43 Section VI Rates Part Basic Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Pay Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B Other Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C 44 A. Basic Service 1 . Please list . the proposed service rates. if more than one tier will be continued to be offered, use a separate sheet for each tier. Installation/ Monthly Service Tier Service Rate Charge Residential First TV Outlet Additional TV Outlets, each FM Converter Deposit Converter Renta Ist set Additional sets Relocation N/A Reconnection Connection Parental Control Ist set Additional sets Remote Control Ist sets Additional sets A artments - Bulk Rate Describe conditions Commercial Descry a categories) Government, Educational , and Public Facilities Additional Charges * If required for additional outlets. 45 2 . Indicate any :and all conditions where any of the above-mentioned rates may be waived or discounted. 3 . Indicate whether the applicant chooses to provide free or discounted installation for any period. Please describe. 46 4. Indicate whether the applicant chooses to provide free or discounted installation or reduced charges for senior citizens or handicapped individuals. Please describe. 5. Will subscribers be able to purchase converters from the Company? If so, indicate cost and availability to subscribers. 47 B. Pay Service 1 . Please indicate installation, monthly rates and second set rates for all pay services. Indicate any conditions under which installation charges may be waived or discounted. 48 c C. Other Rates 1 . Please describe additional rates for studio and equipment use, leased channel rate, advertising rates by noncommercial or commercial users. i 2 . Please describe any and all special rates or discounts. 3 . Please describe what the Company policy will be for lost or willfully damaged converters and other equipment . 49 i Section VII Local Programming Part Public Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Educational and Municipal Access. . . . . . . . . . . . . . . . . . . . . B Local Origination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C Leased Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D 50 i A. Public Access I . Please describe the equipment that will be provided for public access programming use only. Give manufacturer, model number, and cost, and indicate whether equipment is new or used: Studio: Portable: Editing: Character Generation: Lighting: Mobile Production Units: Community Viewing Centers: 51 2 . Please describe any additional equipment and .staff support that will be provided for the "community bulletin board" service. 3 . Please provide a timetable for the provision of equipment and funds for public access. 4. Please indicate the amount of money and staff support that will be committed for the maintenance and replacement of equipment for public access programming for each year of the projected fifteen years. S . Please provide an indepth dicussion of and copies of proposed access rules and procedures. 52 6. Please describe plans for public access training programs including the times the training programs will be made available and list all staff that will be made available for this purpose. 7. Please provide applicants plans for the continued development of public access. 8. Please indicate for each year of the projected fifteen years the amount of money the applicant will commit to public access programming operations and staff. Also indicate the number of staff positions that will be provided. 9. Please describe plans for the promotion of access to potential programmers and to subscribers, including Information in a programming guide. 53 I0. Please describe the insurance plan for access equipment . II . Please describe the current locations that programming can originate from and what additional locations are proposed. 54 B. Educational and Municipal Access 1 . Please describe the plans for municipal and educational access in Ithaca. 2. Please describe the equipment that will be provided for municipal and educational access. Studio: Portable: Editing: Character Generation: Lighting: 3 . Please indicate what staff and technical support will be provided for municipal and educational access. 55 C. Local Origination I . Please describe the equipment that wlII be provided for local origination programming. If a portion of the local . origination equipment will be utilized for public, education, or . government access, please specify the percent of time the equipment will be available to each of the types of access users. Studio: Portable: Editing: Character Generation: Lighting: 2 . Please describe the new studio facility. 56 3 . Describe plans or special considerations for sharing facilities with public, government or educational access users. 4. Please indicate for each year of the projected fifteen years the amount of money the company will commit to local origination programming operations and staff. (Please note that access and local origination should be treated separately. ) S. Please indicate the types of programming that will be produced and the average number of hours that will be produced on a monthly basis excluding commercials, public affairs announcements and repeat showings of a particular program. Describe the hours per week that will be obtained from other sources. 6. Please indicate the amount of money and staff support that will be committed for the maintenance and replacement of local origination equipment for each year of the projected fifteen years. 57 i IU. Leased Access I . Please describe the plans for any proposed leased access development . 2. Please provide the rules and reguations for leased access uses. 3 . Describe the rates that will be charged for per hour and per channel use of leased access channels. 58 c Section VIII Employment Part Local Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Equal Employment Opportunity. . . . . . . . . . . . . . . . . . . B 59 r A. Local Employment I . Describe the number and types of any new jobs the system will generate and the number and types of jobs that will be offered to local residents. 2. Identify any training programs that will be made available to employees. 3 . Indicate the specific commitment to utilizing women and minority business subcontractors and suppliers in the proposed construction or continued maintenance of the system. 60 B. Equal Employment Opportunity I . Please describe in detail your equal employment opportunity policy. 7 . Have any complaints of discrimination in employment practices been lodged against the applicant? if so, please specify the complaints and resolutions. 61 t s Section IX Consumer Part Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A Consumer Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B Billing Practices... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C 62 9 . A. Privacy I . Please provide the applicant ' s privacy policy as required by the Cable Communications Policy Act of 1984 and clearly delineate between "voluntary information" and "voluntary uses" "essential information" and "essential uses . " "Essential information" is that information which grantee must collect in order to provide service (e.g. , billing information) . "Voluntary information" is all other information which the operator may seek to collect . "Essential uses" refers to those uses of essential Information which are required in order to provide service (e.g. , billing uses) . "Voluntary uses" are all other uses of information collected, whether that information be considered "essential " or "voluntary. " The cable system policy Is expected to at least guarantee the subscriber that no voluntary information will be collected without prior consent; and no voluntary use will be made of information collected without prior consent . Thus, by agreeing to receive service after they fully read and understand the pricing document provided by the grantee, a subscriber will be deemed to have given prior consent that "essential information" may be collected for "essential uses. " In addition, the applicant ' s privacy policy should include: a. if billing for particular services will require the operator or a third party to monitor the programs on channel viewers, the fact must be clearly explained and the services requiring such monitoring specified; and b. the conditions under which third parties may be permitted to collect information using the cable system. 2. Please identify all present and projected uses of the cable communications system where questions of subscriber privacy can be expected to arise, and to describe in detail the policies and procedures designed to protect subscriber privacy. 63 3 . Please describe in detail what measures will be taken on an ongoing basis to protect subscriber privacy and to inform subscribers as to how subscriber information is to be collected, retained, used, and disseminated. 4. Please describe the remedies for breach of subscriber privacy which the applicant will make available to subscribers. Detail procedures or privacy complaint resolution. 64 B. Consumer Complaint and Repair Procedures I . Please describe in detail your policy for handling consumer complaints, inquiries and repair requests. Describe how this policy is or will be implemented including the role of the City. Please indicate the number of days in which complaints will be resolved. 2. Please describe how you will notify subscribers on an ongoing basis of your complaint, service and maintenance procedures, providing a sample of such notification. 3 . Hours of office(s) operation will be: Monday-Fridays: a.m. to p.m. Saturdays: a.m. to p.m. Sundays E Holidays : a.m. to p.m. Also indicate the location and the number of offices. 4. How. soon after a trouble call is received will a service employee be required to respond either by telephone contact with subscriber for an appointment, or by a visit to the premises, or by a doorknob hanger if no one is home? Within 24 hours: ( ) Same Day: ( ) Close of next business day: ( ) Within hours: ( ) Other: ( ) 65 S. Howl will trouble calls be received outside normal business . hours? Company employee on 24 hour shift : ( ) Electronically recorded: ( ) Answering service: ( ) 6. Describe your plans .for responding to system outages and for providing subscriber rebates. 7. Describe your plans for scheduling and notifying subscribers of routine maintenance and upgrade related outages. 8. How soon will individual trouble calls outside normal hours be given to a repair or service person? 9. Please indicate the percent of repair calls that will be answered satisfactorily within _ a 24 hour period on an annual basis and what steps will be taken if this level of service is not obtained. 66 10. Please indicate if there will be a charge for repair service. Please provide a listing of charges. il . Please describe in detail the methods and standards that could be utilized by the City to evaluate consumer service performance. 12. Please indicate the proposed number of active phone lines by which customers may reach office personnel and fully describe the new telephone system which is being installed. Also, please indicate: 1 ) the expected date of completion of the telephone system; 2) the percent of all customer services calls which will be answered within two minutes; 3) the percent of calls that will be lost; and 4) how information will be provided to the City to monitor these standards. 13. Please describe in detail the consumer compatability plan as discussed in the minimum requirements. 67 n � 14. Please describe the Company' s converter insurance plan. 15 . Please describe any third party arrangement regarding the provision of two-way channels . (Please attach all relevant agreements. ) 16. Please describe in detail the Company' s current and future policies related to access to and entry into subscribers and non-subscribers homes. 17. Please delineate, under the current franchise, when a subscriber can lawfully purchase and use a converter from a source other than the Company and when the subscriber cannot . Please explain in detail the background for ACC' s position on this. 68 C. Billing Practices I . Please describe in detail your billing, payment and collection practice procedures and policies (e.g. , form and type of billing, system outages) . Please indicate the number of days in which complaints will be resolved. Also attach a sample billing form. Also indicate if the subscriber will not be required to pay the disputed portion of the bill until the complaint procedures have been followed. 2 . Please describe your policy for handling billing complaints and describe how this policy is or will be implemented. 69 Section X Term of Franchise Part Term of Franchise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A 70 ;9 a A. Term of Franchise I . Please Indicate the term, in years, which applicant seeks for this franchise. 71