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HomeMy WebLinkAboutPetition for Special Relief 1 Before the .� FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re Petition of ) CITY OF ITHACA, NEW YORK ) For Relief Under Section 76. 33 (a) (2) ) CSR No. of the Commission's Rules Pertaining to ) Conditions Under Which the Rates for ) Basic Cable Service May Be Regulated ) To the Commission: PETITION FOR SPECIAL RELIEF CITY OF ITHACA, NEW YORK Joseph Van Eaton M. Anne Swanson ,. Spiegel & McDiarmid Suite 1100 1350 New York Avenue, N.W. Washington, D.C. 20005-4798 September 15, 1987 (202) 879-4000 h S !. � � �� � � � � � � i � � � i i � � � � � y � t ry � 6;' it ONO l i TABLE OF CONTENTS Page I. SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II. THE COMMISSION SHOULD PERMIT A FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES WHEN THREE SIGNALS ARE NOT ACTUALLY AVAILABLE IN THE CABLE COMMUNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 III. THE RESIDENTS OF ITHACA DO NOT RECEIVE THREE MEASURED GRADE B SIGNALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ` IV. THE COMMISSION SHOULD GRANT RELIEF EFFECTIVE AS OF THE DATE OF THIS PETITION. . . . . . . . . . . . . . . . . . . . . 9 EXHIBITS 1 - Engineering Report of Silliman & Silliman 2 - Cable Franchise, City of Ithaca, New York 3 - Affidavit of H. Matthys Van Cort 4 - Affidavit of Donald Coley Williams .� 5 - Letter of January 26, 1987 from Georgia Griffith, General Manager of ACC to Daniel Hoffman, Budget Administration Committee, City of Ithaca - i - 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 Ik ■. r Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re Petition of ) CITY OF ITHACA, NEW YORK ) For Relief Under Section 76. 33 (a) (2) ) CSR No. of the Commission's Rules Pertaining to ) Conditions Under Which the Rates for ) Basic Cable Service May Be Regulated ) To the Commission: PETITION FOR SPECIAL RELIEF The City of Ithaca, New York, by its undersigned attorneys and pursuant to Sections 76.7 and 76. 33 of the Commission's rules, hereby petitions the Commission to grant the City relief from the provisions of 47 C.F.R. § 76.33 (a) (2) . In relevant part, Section 76. 33 (a) (2) , 47 C.F.R. § 76.33 (a) (2) (1986) provides: Only cable systems that are not subject to effective competition may be rate regulated. A cable system will be determined to have effective competition whenever at least three unduplicated signals serve the cable community. Signals shall be counted if they place a Grade B contour (as defined in S 73. 683 of our rules) over any portion of the cable community . . . .The Commission may grant exceptions to this standard where the franchising authority demonstrates with engineering studies in accordance with § 73 .686 of the Commission's rules and other showings that such signals are not in fact available within the community. The City of Ithaca is exempt from the filing fee requirement imposed on parties seeking special relief under Section 76.7. (FOOTNOTE CONTINUED ON NEXT PAGE] i 2 - rt I. SUMMARY. - 1. Ithaca is requesting relief to the extent that Section 76.33 (a) (2) may be interpreted to prohibit Ithaca from regulating basic cable service rates because the Rredicted Grade B signal contours of more than three television stations .. cover the City. As shown below and as demonstrated by the am attached television field strength survey, the predicted contours do not accurately depict the actual availability of signals in No Ithaca. No station casts a measured Grade B contour over the entire cable community, and approximately ninety-seven percent of the residents of Ithaca do not receive three over-the-air _ television signals. Indeed, the vast majority of the population cannot receive any over-the-air television signals. Ithaca .. therefore should be permitted to regulate basic cable service rates. Furthermore, as discussed below in Section III, to avoid overcharges to the citizens of Ithaca, the Commission should immediately order that the relief requested, if granted, will be made effective as of the date of submission of this petition. II. THE COMMISSION SHOULD PERMIT A FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES WHEN THREE SIGNALS ARE NOT ACTUALLY AVAILABLE IN THE CABLE COMMUNITY. 2. The Cable Communications Policy Act of 1984, 47 U.S.C. § 521 gt. sea. ("Cable Act") , directs the Federal Communications Commission ("FCC"') to "authorize a franchising (FOOTNOTE CONTINUED FROM PRECEDING PAGE] ` See Section 1. 1112 of the Commission's Rules, Appendix A, Report and Order (Gen. Docket No. 86-285) , FCC 86-562, released Feb. 17, 1987. r 3 - authority to regulate rates for the provision of basic cable NNW service in circumstances in which a cable system is not subject to effective competition." 2,/ In adopting its rule implementing IM the rate provisions of the Cable Act, the FCC determined that a City would be deemed to be subject to effective competition ■N ^'whenever at least three unduplicated signals serve the cable community."' 3. The Commission established what is essentially a two-step process for determining when a signal should be counted as available in a franchise area. As an initial matter, the Commission stated that a signal would be counted as available if the predicted Grade B contour of the signal covered any part of the community. A/ However, the Commission also made it clear that it would grant exceptions to this initial count when the franchising authority submitted studies showing the signals �- predicted to be available were not actually available. 5/ 2/ 47 U.S.C. § 543 (b) (1) . 47 C.F.R. § 76.33. A/ Id. age A112 Report and Order (MM Docket No. 84-12961 , 58 R.R.2d 1, 50 Fed. Reg. 18637 (1985) . The Commission also stated a signal would be counted as "'available"' if the signal was "'significantly viewed"' in the county where the cable system was located. However, as discussed in Part II, and as shown in Exhibit 1, p. 1, all stations which are "significantly viewed"' in Tompkins County are also predicted under engineering methodology to cast a Grade B contour over Ithaca, and therefore the signal strength of those stations was measured to determine whether the signals are actually available in Ithaca. V Id- P-0 wo 4 - r 4. Granting exceptions when signals are not in fact available should not be a matter of grace. The Report and Order adopting the "'effective competition"' regulations indicates that the Commission believed effective competition required actual signal availability. Thus, the Commission stated that it designed its regulations Nto ensure that franchise authorities are permitted to rate regulate in those areas where there is not effective competition." The Commission recognized that there must be sufficient stations in a City to "allow viewers adequate and significant programming choices"' should the operator raise aw rates. These standards obviously cannot be satisfied unless signals are actually received. While the present language of 0.5 Section 76. 33 may be read to mean that communities are required to show three signals are not available in anv part of the community, the discussion underlying the Commission's decision suggests the Commission was aware that effective competition requires more than availability of three signals in a sliver of a 4 community. $/ Certainly, since the decision of the U.S. Court of Appeals for the D.C. Circuit in ACLU V. FCC, 2/ the Commission 58 R.R.2d at 29, 50 Fed. Reg. at 18651. 58 R.R.2d at 26, 50 Fed Reg. at 18649. $/ In noting the possible problems with reliance on predicted Grade B contours, the Commission observed that some communities initially might be deemed subject to effective competition when signals were not available and some cable companies would be subject to regulation Owhen in fact the majority of homes in the franchise area are receiving more than three broadcast signals., 50 Fed. Reg. 18651 (emphasis supplied) . 9•/ 823 F.2d 1554, 1573 (D.C. Cir. 1987) . The appeal involved ... (FOOTNOTE CONTINUED ON NEXT PAGE] �. a �. rn l� �r 5 - bow must "'ensure that a signal is at least theoretically available .. over the entire cable community or at least a significant portion of the cable community"' before the Commission may use predicted Grade B signals to determine, initially, which communities are subject to rate regulation. J&/ It follows that, when signals are not actually available in a substantial portion of a community, a franchising authority should be permitted to regulate basic service rates. Ithaca presents just such a case. III. THE RESIDENTS OF ITHACA DO NOT RECEIVE THREE MEASURED GRADE B SIGNALS. .. 5. Ithaca is located at the southern end of Cayuga Dake in Tompkins County in upstate New York. The surrounding countryside is characterized by steep hills which fall off into deep gorges. Most of Ithaca lies in the shadow of a series of ridges which encircle the city and rise as much as 1000 feet above the community. The area is remarkable for both its natural beauty and poor television reception. IV [FOOTNOTE CONTINUED FROM PRECEDING PAGE] challenges to the FCC's Report and Order in implementing the rate (and other) provisions of the Cable Act. The Court affirmed the FCC's order in part and reversed and remanded the order in part. IV Id. , slip. op. at 47. IV Thus, it has been observed that Ithaca lies surrounded by "'sublime heights of rock or mountain top"'; "[a]s far as geologists can ascertain, the region was the bottom of a great interior sea. " H.E. Abt, Ithaca (1926) at 6-7. For a more recent description, see Exhibit 3 , Affidavit of H. Matthys Van Cort. .. .. r 6 - WW 6. Under the existing cable franchise in Ithaca, I/ .. the City has significant authority to regulate basic cable service rates of the cable franchisee, American Television and Communications Corporation (operating as American Community Cablevision and referred to below as "'ACC"') . The City has considered this authority essential to protection of consumers, given the poor television reception in the area. I/ 7. The City, however, does lie within the predicted Grade B contour of ten television stations, which collectively would provide four unduplicated signals if the signals could actually be received. / The cable company has asserted that, because of these predicted signals, basic cable service rates are not subject to regulation under the Commission's rules defining '. "'effective competition."' 15/ Given its concern over poor actual reception, in mid-1986, the City began to investigate what steps / Attached hereto as Exhibit 2. . / Exhibit 3. Engineering Report, attached hereto as Exhibit 1. Three of the stations are ABC affiliates, three are NBC affiliates, two are CBS affiliates, and two are PBS stations. The stations are located in Binghamton, Syracuse and Elmira, New York; there are no television stations licensed to Ithaca itself. According to ACC, there are no other stations which are •significantly viewed"' in Ithaca within the meaning of 47 C.F.R. § 76. 54. fill Exhibit 5, Letter of January 26, 1987 from Georgia Griffith, General Manager of ACC to Daniel Hoffman, Budget Administration Committee, City of Ithaca. Egg LIVQ, Memorandum Opinion and Order on the Reconsideration of the Cable Television Report and Order, 36 F.C.C. 2d 326, 25 R.R.2d 1501 (1972) . 5/ Exhibit 5. r �... o.e .... Y/ s 7 - WW it should take to protect its authority to regulate basic cable service rates. fig/ 8. As shown in Exhibits 1 and 3, in June, 1987, an .. engineering firm experienced in conducting broadcast field strength surveys performed a field strength survey in the City of Ithaca. In accordance with the requirements of FCC regulations, 17 the engineers developed a grid covering the entire cable community in Ithaca and established appropriate test points. 1 The firm measured and recorded field strength at each of the test points selected, also in accordance with FCC regulations. / :. 9. The survey confirmed that adequate television reception is not available in the City. The study shows that not a single station actually casts a Grade B contour over the entire cable community; the predicted Grade B contours do not reflect actual signal availability. 2W In fact, the vast majority of .. the people in Ithaca cannot receive any off-air television w. I/ Exhibit 3. Zp& 47 C.F.R. § 76. 33 and 73.686 (1986) . "J 47 C.F.R. § 73.686(c) (1) sets forth the minimum number of test points at which measurements are to be made to determine whether television service is available in a specific community. Based on the 1980 U.S. Census, at least 17 test points must be established in Ithaca to comply with FCC regulations; in fact, signal strength was measured at 25 test points. Exhibit 1, p. 2 . / Exhibit 10, pp. 2-6. �Q,/ Exhibit 1. 8 - signals, and approximately 97 percent of the population receives .w fewer than three measured Grade B signals. 2-1/ 10. Only three test points -- points 1, 2 and 7 -- fall •- within the measured Grade B contour of at least three broadcast stations. As shown in the attached study and affidavits, 22/ .. very few people live anywhere near these test points. Point 2 is located near the edge of Cayuga Lake, in a parking lot in a city .. park. There are no houses in the park or anywhere near the measuring point. The park is not wired for cable television. Points 1 and 7 are located at the very western edge of the City boundary, high on a steep hill. By the most generous estimate, only approximately 3. 3 percent of the public resides within the measured Grade B contour of three television signals. 2,V 11. This case thus presents the classic example of a city in which the cable franchisee is not actually subject to effective competition and in which the franchising authority should be permitted to regulate rates. As described above, given the terrain surrounding Ithaca, the predicted Grade B contours cannot be relied upon as a measure of the presence of "'effective competition"' in the cable community. Following the Commission's regulations, Ithaca conducted studies which demonstrate that three signals are actually available only in the far western Exhibit 4, Affidavit of Donald Coley Williams. / Exhibit 1, pp. 6-8; Exhibit 3, pp. 2-3 ; Exhibit 4, pp. 3-4. 131 1.4• 9 - r. corner of the cable community, and thus are available to at most .. 3 . 3 percent of the City's population. There can be no "'effective competition"' from broadcast television under the circumstances ` because off-air television signals are not actually available in Ithaca. In accordance with the Commission's rules and the Cable Act, Ithaca's authority to regulate rates should be affirmed. "w IV. THE COMMISSION SHOULD GRANT RELIEF EFFECTIVE AS OF THE DATE OF THIS PETITION. .. 12. The Commission's reliance on predicted Grade B contours to make initial determinations as to whether the cable franchisee in a community is subject to "effective competition"' creates at least one serious and unintended problem. Unless the r Commission grants some form of interim relief, consumers in Ithaca may be required to pay unjust and unreasonable rates during the delay inherent in consideration of this petition for relief. This result is particularly inappropriate in this case, because the City has presented data which on its face establishes that the predicted signals are not actually available. 13. There are several options for relief which are available to the Commission. The City proposes that the Commission rule immediately that any Commission determination that basic cable service rates in Ithaca may be regulated will be deemed to be effective as of the date this petition is submitted. Under such a ruling, the City would have the right to order refunds in the event that it prevails on this petition and determines the rates collected have been excessive. During the 10 - pendency of this action, the cable company could avoid the possibility of such refunds by voluntarily submitting any proposed increases to the City for consideration. The proposal therefore provides an incentive to the parties to cooperate while this petition is being considered by the Commission. 14. The Cable Act is silent as to what steps the Commission may take to protect consumers during the pendency of any petition. While the Commission does not itself have authority to regulate basic service rates, 2¢/ it does have the authority to "'establish standards for rate regulation." 2!5/ Further, Section 4 (i) of the Communications Act gives the Commission authority to "perform any and all acts. . .not inconsistent with this chapter, as may be necessary in the execution of its functions"' under the Communications Act. These provisions give the Commission all the authority it needs to act to protect consumers; exercise of such authority during the pendency of this petition is in fact necessary to effectuate the goals of the Cable Act. Absent exercise of such authority, an operator such as ACC which is not subject to "'effective competition" would be able to raise rates to non-competitive 47 U.S.C. § 543 (a) prohibits federal agencies from regulating cable rates "'except to the extent provided" in the Cable Act. The Cable Act does not give the FCC authority to regulate rates. 25/ 47 U.S.C. § 543 (b) (2) . 2¢/ 47 U.S.C. § 154 (i) . �. w �.r r levels in anticipation of Commission action, and consumers would ■. suffer precisely the harms the Cable Act seeks to avoid. For the reasons stated above, Ithaca respectfully requests that its petition for relief be GRANTED, and that the Commission: (1) issue an Order immediately ruling that relief granted shall be effective as of the date this petition was submitted; (2) issue an Order finding that basic cable service rates in Ithaca are not subject to "'effective competition"'; and I IM (3) issue an order granting such other relief as may be 2,71 Section 4 (1) has recently been interpreted to give the Commission expansive authority to take steps to protect consumers against rate overcharges. New England Telephone v. FCC, No. 85- 1087 (D.C. Cir. August 21, 1987) . The New England Telephone case was an appeal of a rate case involving common carriers, but Section 4 (i) is a general grant of authority to the Commission and is not applicable in common carrier cases alone. In fact, in the New England Telephone case, the question before the Court was whether the Commission had authority beyond the relevant common _. carrier provisions of the Act (Section 205) to issue an order protecting consumers by ordering refunds under Section 4 (i) . 12 - appropriate on the facts of this case to assure that Ithaca •- retains authority to regulate basic cable service rates, to the extent permitted under 47 U.S.C. § 543. Respectfully submitted, .. CITY OF ITHACA, NEW YORK By 4o eph Van Eaton M. Anne Swanson �- of Spiegel & McDiarmid Suite 1100 1350 New York Avenue N.W. Washington, D.C. 20005-4798 (202) 879-4000 Its Attorneys September 15, 1987 ENGINEERING REPORT SILLIMAN AND SILLIMAN 8121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20910 ITHNYI.T[20,01 Ithaca, New York ENGINEERING STATEMENT I ABSTRACT ,.. This engineering statement has been prepared to report the results of a ten-station Grade B television field strength survey performed by Silliman and Silliman at Ithaca, New York, on June 8 through 11 and June 19, 1987. Silliman and Silliman was retained to perform this study to determine the number of Grade B television signals present at any point in the city of Ithaca. Based on the standard Grade B field strength contour prediction methods for both VHF and UHF television stations detailed in Section 73.684 of the Federal Communications Commission Rules (FCC) , ten (10) Grade B ., television signals were predicted to be present over all of the city of Ithaca, New York. The Grade B signals predicted to be present in Ithaca are from the following stations. ` ASSIGNED NETWORK CALL LOCATION CHANNEL AFFILIATION aw WSTM-TV SYRACUSE, NY 3 (60-66 MHz) NBC WTVH SYRACUSE, NY 5 (76-82 MHz) CBS WIXT SYRACUSE, NY 9 (186-192 MHz) ABC .. WBNG-TV BINGHAMTON. NY 12 (204-210 MHz) CBS WETM-TV ELMIRA, NY 18 (494-500 MHz) NBC WCNY-TV SYRACUSE, NY 24 (530-536 MHz) PBS WMGC-TV BINGHAMTON, NY 34 (590-596 MHz) ABC WENY-TV ELMIRA, NY 36 (602-608 MHz) ABC WICZ-TV BINGHAMTON. NY 40 (626-632 MHz) NBC WSKG-TV BINGHAMTON, NY 46 (662-668 MHz) PBS Figure 1 of this exhibit is a portion of a United States Geological Survey (USGS) 1:500,000 scale topographic map detailing the licensed _ trarfsmitter site and Grade B contour for each of the stations, tabulated above, that are predicted to provide a Grade B signal to the city of Ithaca, New York. -1- ENGINEERING REPORT SILLIMAN AND SILLIMAN 8121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING, MD 20910 on Ithaca, New York II PREPARATION FOR MEASUREMENTS Section 73.686(c) (1) of the FCC Rules states that the number of locations at which measurements are to be made to determine television service in a specific community is found using the formula 0.1 times the square root of the population of the community and its suburbs (as listed in the latest United States Bureau of the Census, Census of Population) , and must be greater than fifteen (15) locations. The 1980 Bureau of the Census ` publication PC80-1-A34, Number of Inhabitants, New York, lists the population of Ithaca as 28,732 persons. Therefore, the minimum number of points at which measurements must be made to determine television service to Ithaca is seventeen (17) points . In order to obtain a representative sampling of the strength of television signals over all parts of the city of Ithaca, a rectangular grid, consisting of twenty-six (26) television signal strength measurement locations within the city, was prepared using USGS 7.5 minute (1:24,000 scale) topographic quadrangles. III MEASUREMENT PROCEDURE All measurements were made by Robert M. Silliman, a Registered .. Professional Engineer in the State of Maryland, the District of Columbia, and the Commonwealth of Virginia, and a partner in the firm of Silliman and Silliman, and Susan N. Crawford, a Senior Staff Engineer employed by Silliman and Silliman since 1969. Upon arrival at each prospective grid measurement location shown on the topographic grid map of Ithaca, a final measuring point location, where either a 30.5 meter (100 feet) mobile run or spot measurements could be made, was selected as near as possible to the grid intersection point. The final measurement locations are detailed by point number on Figure 2-A of this exhibit, along with the grid intersection points and the city boundary of Ithaca. In two instances, at the grid location numbers 10 and 16 on Figure 2-A, it was not possible to select a measurement location near the grid intersection because either overhead wires and/or trees prohibited the safe erection of the antenna mast or the location was in a wooded area. Grid location number 10 was in a wooded area behind houses and there was no access near the grid location. There were no locations within 0.1 mile that were suitable for the erection of the mast; therefore, no television field strengths could be measured at grid location number 10 and this location was excluded from the survey. This omission is not significant because 1)there are several geographically similar points nearby that are accessible and do depict the number of television signals presnt in the area of Grid location 10, and 2) more grid locations than required were originally selected and this omission still leaves eight more points than required by the FCC. Grid location number 16 was located on Parker Street, a very narrow, one way street that was totally obstructed by wires and trees. Within 0.1 mile of -2- ENGINEERING REPORT .. SILLIMAN AND SYLLIMAN 0121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20910 Ithaca, New York III MEASUREMENT PROCEDURE (CONTID) grid location 16, there was a location in front of a park that was suitable for measurement purposes, and this point was selected as Point 16. Figure 2-B of this exhibit is a tabulation of the descriptions of the final measurement locations. The final measurement locations were such that 30.5 meter (100 feet) mobile runs were possible at each point used in the survey. Once the measurement location was selected, a mast, elevating the :., measuring antennas to a height of 9.1 meters (30 feet) above street level was erected; . the measuring antenna was oriented for each particular frequency; and, for each pertinent frequency with a visual carrier that was detectable and of sufficient magnitude at the measurement location, a 30.5 meter (100 feet) mobile run was made and signal strength data for that frequency recorded. Signal strength was recorded using a chart recorder, for the duration of the mobile run. All ten frequencies predicted to be present, were checked at each measurement location and each signal strength was recorded unless the signal was not detectable, or was detectable but not of sufficient magnitude for measurement. The Tabulation of Recorded Data indicates instances where the signal was not detectable, or was detectable but not of sufficient magnitude for measurement. IV EQUIPMENT USED, MEASUREMENT METHOD AND CALIBRATION INFORMATION The following is a list of the major items of equipment which were used in the measurement project: (1) Potomac Instruments, Inc. Model FIM-71 Field Strength Meter, Serial No. 388, and its associated antenna elements and antenna cable. (2) Singer (Empire) Noise and Field Intensity Meter Model NF-105/M-126 and its associated antenna elements and antenna cables. (3)' Hewlett Packard UHF Signal Generator Model 612A, Serial Number 1201AO8004. 1 (4) Esterline Angus Chart Recorder The Potomac Instruments FIM-71 was last calibrated by Potomac Instruments on October 28. 1986. The Singer Instrument calibration depends on the complement of heads and main frame which were used. However, the calibration of this instrument was only used to set the gain level of the instrument to the -3- ENGINEERING REPORT .. ' SILLIMAN AND SILLIMAN 8121 GEORGIA AVENUE CONSULTMC; RNMNEERS SILVER SPRING. MO 20910 Ithaca, New York IV EQUIPMENT USED, MEASUREMENT METHOD AND CALIBRATION INFORMATION (CONT'D) same value for each measurement. The unit, itself operating the Esterline Angus Chart Recorder, was first set to a standard gain condition using its internal impulse generator calibration, and then directly calibrated (as a voltmeter) from the Hewlett Packard Signal Generator, in the field at the time of the measurement program. This calibration was repeated several times in the field during the measurements and was found to be constant and reliable. The HP 612A was given an incoming calibration check on August 5, 1987, by Potomac Instruments, Inc. , a manufacturer of UHF field strength meters and the VHF instrument used. The instrument was found to be accurate to within 0.55 dB over the range from -5 to -85 dBm (This is the range over which the instrument was used) . This instrument is maintained by the firm for the purpose of calibration of the Singer Instrument. .. All UHF measurements were made using the DM-105-T3 which is part of the Singer NF-105/M-126 field strength meter. The antenna was set for a half-length corresponding to 573 MHz using the MHz ruler that is part of the Singer instrument. All VHF measurements were made using the antenna of the Potomac Instruments FIM-71 instrument. The antenna half length was set to 36 cm for the 187.25 MHz and 205.25 MHz measurements and to 140 cm for the 61.25 MHz and 77.25 MHz measurements. ... The manufacturer's antenna factor, the adjustment due to the use of the above lengths, and the total antenna factor used are tabulated below: Manufacturer's Adjustment Total Antenna For Length Antenna Frequency (MHz) Factor* Used Factor 61.25 5.8 2.5 8.3 77.25 7.9 6.5 14.4 187.25 17.0 0.0 17.0 205.25 17.8 0.0 17.8 1 495.25 25.4 -2.3 23.1 531.25 26.3 -0.2 26.1 591.25 27.4 -0.3 27.1 603.25 27.6 0.7 28.3 627.25 28.0 -0.3 27.7 663.25 28.7 1.0 29.7 * Including correction for measured cable attenuation -4- ENGINEERING REPORT SILLIMAN AND SILLIMAN 0121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20910 Ithaca, New York .. IV EQUIPMENT USED, MEASUREMENT METHOD AND CALIBRATION INFORMATION (CONTID) Photographs of the measuring antennas, in place 9.1 meters above street level, as well as situated on the car before mast erection, are included as Figure 3 of this exhibit. V ACCURACY OF MEASUREMENTS The matter of accuracy of measurement of field intensity for the VHF measurements is addressed in the Instruction Manual of the Potomac Instruments, Inc. FIM-71 field intensity meter and the material in the manual is relied upon as the source of this statement. Potomac Instruments states in the instruction manual that the field strength accuracy for measurements made at 30 foot height is + 3.0 dB. The instrument used was calibrated by Potomac Instruments on October 28, 1986 and found to be within the manufacturer's specifications. Hence, it is the opinion of Mr. Silliman that the measurement accuracy of the VHF measurements which were made with the FIM-71 instrument are within plus and minus 3.0 dB. Attention is invited to Figure 4, Tabulation of Recorded Data and to a number of measurements which were made in the "Average" position of the field meter. The reason for this was the presence of an unusual interfering signal consisting of very short duration pulses believed to be the result of some experimental transmission in the area. At these points the peak to average signal strength ratio was on the order of 20 dB rather than the usual value of approximately 4 dB. As a result, peak measurements were meaningless. These measurements should be considered as subject to an additional uncertainty of 1 dB. It should be noted, however, that the peak interference would have caused serious interference to reception of the signal on a TV receiver so that, regardless of the signal level at these points, it is doubted that TV reception would have been possible at these points on the frequency of measurement at the time of the measurement. Furthermore, the signal strength of all such measurements was less than Grade B. I The UHF measurements were based on calibrations which were made in Ithaca at the time of the measurement program directly from the Hewlett Packard 612A signal generator. This instrument was subjected to an incoming calibration by Potomac Instruments on Aug. 5, 1987 and found to be accurate -5- w ENGINEERING REPORT SILLIMAN AND SILLIMAN 8121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20910 Ithaca, New York V ACCURACY OF MEASUREMENTS (CONTID) .. to within plus and minus 0.55 dB. It is considered that the accuracy of the calibration of the measurement antennas at UHF is more difficult and somewhat less precise than the calibration of the VHF instrument antennas . ` Hence, an additional uncertainty of one dB has been added for UHF. It is the opinion of Mr. Silliman that the UHF measurements are accurate to plus and minus 4 dB. VI DATA ANALYSES The recorded data for each station at each measurement location was evaluated and an average recorded chart value for each 30.5 meter mobile run was determined. A corresponding average field intensity value for the run was determined using calibration data for the field intensity meter being used. For the UHF measurements, calibrations were done for calibration corrections of 0 dB, -5 dB and -10 dB and the average chart field strength values shown in the tabulation of data were determined by reading directly from the calibration for the appropriate calibration correction. The average recorded field intensity value was then adjusted using the pertinent antenna factor, and a measured field strength at the measurement point resulted. This measured field strength for the station being evaluated was compared to the Grade B field strength for the station to determine if the station was providing Grade B signal strength at the measurement location. Figure 4, Pages 1 through 10 is a tabulation of the measured data. The mean and standard deviation of all measured field strengths are shown on this figure. Figures 5-A and 5-B are the VHF and UHF calibration runs used to determine the average chart field strengths shown in Figure 4. Figure 5-C is a sample of the chart recordings taken during this field survey. VII RESULTS AND CONCLUSIONS One measurement location. Point 2, receives four (4) unduplicated Grade B signals. This point is located in a parking lot in Cass Park. The entire area within 0.4 kilometers of Point 2 consists of Cass Park and Allen Treman State Marine Park. There are no residences in the vicinity of measurement Point 2. Point 1 receives five signals but two of the five signals received are NBC affiliates, and two of the five are CBS affiliates; hence. only three signals are unduplicated. The same is true of Point 7. Both measurement point 1 and point 7 are located near the far western boundary of Ithaca, in residential areas where the terrain is approximately 91 meters (300 feet) higher than the terrain in the center of Ithaca. -6- ENGINEERING REPORT SILLIMAN AND SILLIMAN 5121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING, MD 20910 Ithaca, New York ,,. VII RESULTS AND CONCLUSIONS (CONTID) One measurement location, Point 8, receives two (2) unduplicated Grade B signals. This measurement is also located in Cass Park where no people reside. NOW Two measurement locations. Point 14 and Point 19, each receive one (1) Grade B signal. The remainder of the measurement points do not receive any Grade B signals from the ten stations being studied. The final results for each measurement point are as follows. The elevation in feet above mean sea level is added in parentheses after the point number. POINT 1: (EL-715) Receives measured Grade B signal from WSTM-TV (NBC) , WTVH (CBS), WBNG-TV (CBS) , WMGC-TV (ABC) and WICZ-TV (NBC) . POINT 2: (EL-385) Receives measured Grade B signal from WBNG-TV (CBS) , WMGC-TV (ABC) , WICZ-TV (NBC) and WSKG-TV (PBS) . POINT 3: (EL-385) Does not receive any measured Grade B signals. POINT 4: (EL-500) Does not receive any measured Grade B signals. POINT 5: (EL-790) Does not receive any measured Grade B signals. POINT 6: (EL-905) Does not receive any measured Grade B signals. POINT 7: (EL-750) Receives measured Grade B signal from WSTM-TV (NBC) , WTVH (CBS) , WBNG-TV (CBS) , WICZ-TV (NBC) , and WSKG-TV (PBS) . POINT 8: (EL-385) Receives measured Grade B signal from WSTM-TV (NBC) and WTVH (CBS) . POINT 9: (EL-388) Does not receive any measured Grade B signals. POINT 10: (EL-427) Point not usable, obstructed by wires and trees. r POINT 11: (EL-790) Does not receive any measured Grade B signals. POINT 12: (EL-815) Does not receive any measured Grade B signals. r.. POINT 13: (EL-639) Does not receive any measured Grade B signals. -7- ... w ENGINEERING REPORT SILLIMAN AND SILLIMAN f 121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING, MD 20910 MW Ithaca, New York ` VII RESULTS AND CONCLUSIONS (CONT'D) .. POINT 14: (EL-385) Receives measured Grade B signal from WTVH (CBS) . POINT 15: (EL-395) Does not receive any measured Grade B signals. POINT 16: (EL-415) Does not receive any measured Grade B signals. POINT 17: (EL-731) Does not receive any measured Grade B signals. POINT 18: (EL-860) Does not receive any measured Grade B signals. POINT 19: (EL-497) Receives measured Grade B signal from WSTM-TV (NBC) . POINT 20: (EL-380) Does not receive any measured Grade B signals. POINT 21: (EL-392) Does not receive any measured Grade B signals. POINT 22: (EL-590) Does not receive any measured Grade B signals. POINT 23: (EL-665) Does not receive any measured Grade B signals. POINT 24: (EL-840) Does not receive any measured Grade B signals. POINT 25: (EL-385) Does not receive any measured Grade B signals. ` POINT 26: (EL-402) Does not receive any measured Grade B signals. VII METHODS EMPLOYED All computations and data contained herein or on which this exhibit has been based are in exact accordance with the pertinent requirements of the FCC Rules and standards of good engineering practice, unless otherwise specifically so stated. A draft copy of this report was submitted on July 7, 1987. The final report was submitted on September 11, 1987. .. 1 By: _ Susan N. Crawford Robert M. Silliman September 11, 1987 -8- RL•.'�- -. �'\\�\,'l H �.�1 , t�,' , ', t t� ` I to � '. ' ' '• � \ •t 1 _ �1 '\ ` 1`�`` 1 '. ef,ITHACA CITY ,Tl r + i..1.^-1' vS/'4 1BUY aU).am r,, ••ma�yy , 1 ,.,"e/ f ' `,,r' Im VV,I{ew wt.� 4f ,e, !r , ' ��'= � 1 Z:..+�-. � o�,�bL:,r '•�- � r 2 - `'\ 1 ,','. •�.•�\ \,` .eu - / - N-..., r`.. Ui u..d-. . .�y0 ��r � Fo EEil.inr i• 'L Er nu4 �/ LeA \ \1. , +q .(,.•}p r�...� �' ',b•e`� �.JI \- '!/ 9 •lo 12��1. tu. ♦./( f�• C VI'rc`nc .,n ^� �, J { !,//•, � s,se„va, ,n, .�� I�;,an F'xatflihT r. .. •Cfee /i rll ♦ ` ,^,. . �'- 'L �� p i," Ai! \ �. ?\ ` i �..>. ' .y � \•• 1.�. 'Iii .. \ �'l 25 y.,,� �r . _ _ _.i.• 4 A, gip, ' i•� 26 �� '.% �� !-.i- � ` }'� � N k J a ♦ i t ,� \ \ �'b //,��^J(d•/f '/ 6,:..3(\1 - ) 1`y• -- i I J �J ,S�, �I " \\ ��` r �.. FIGURE Z_A ITHACA _ r / Fi(, /J' /' ..S 1 `f/ '(' r„ l l• i _ ow r vr♦ ♦ N., / - S - \� �. ( _ \ .,: i. . NEW YORK LOCATION OF TELEVISION SURVEY MEASURING POINTS WITHIN THE CITY OF ITHACA - \ JULY 1987 SILLIMAN AND SILLIMAN a.. r. ENGINEERING REPORT SILLIMAN AND SILLIMAN 8121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20510 Ithaca, New York .. FIGURE 2-B v MEASUREMENT POINT DESCRIPTIONS Point No. Description 1 In Front of #201 Campbell Road Nr Int. w/Brook Field Rd. 2 In Parking Lot in Cass Park. r.. 3 On Pier Road in Front of Ithaca Fire Dept. Training Facility. 4 In Lake View Cemetery in Front of "Wright" Marker. 5 In Parking Lot of ATP (Alpha Gamma Rho) Frat. House on Wyckoff Road. .� 6 On Sisson Place Beginning at its Intersection w/Jessup Road . 7 In Front of 260 Westwood Knoll. 8 In Parking Lot in Cass Park. �- 9 In Lot on First St. at Intersection w/Adams Street. 10 Near intersection of Linn & Tompkins Streets. Point Not Usable - Could Not Safely Erect Mast - Overhead Wires & Trees. 11 In Front of Morrill Hall, Cornell University Central Avenue. 12 On Forest Home Drive. 13 Across From 210 Cliff Park Road at Intersection of Cliff Park Road & Cliff Park Circle. 14 In Back of Farmer's Market on Old Taughannock Blvd. 15 In Parking Lot of Immaculate Conception School on N. Plain St. 16 In Front of Park Across from 106 1/2 Linn St. 17* On College Avenue at its Intersection with Oak Avenue. 18 In Parking Lot Behind Cornell Univ. Laundry at 12126 Maple Ave. 19 In West Village Apts in Front of 669 Chestnut St. 20 In Nat's Floral Estates Trailer Park in Front of #45. 21 On S. Plain St. at Intersection with Titus Avenue. 22 In School Driveway/Parking Lot Across From 416 Hillview Place. 23 In Front of Water Filtration Plant on Water St. (Beside x`108 Water Street) . 24 In Front of 105 Homestead Terrace. 25 On Road in Southwest Park. 26 On Dirt Road Behind Charlie's Towing. 1 * Construction of new Cornell University Performing Arts Center is taking place all around this Point. Construction was in full swing when measurements were made on June 11, 1987 and construction equipment impulse noise required average measurements to be made instead of peak. There was no construction taking place during June 19, 1987 measurements and peak measurements were made. 411 Is az.Ok .@ r �-;' t icy r' `i i-'��'�r• �ti � �'!�;.:.� v. -:rr- u v Ithaca, New York FIGURE 4, PAGE 1 se TABULATION OF RECORDED DATA bm The following weather conditions were present on the dates specified. Date Weather 6-08-87 Mostly overcast; intermittent thunder showers and periods of bright sun; humid; temperature in mid 70's. r 6-09-87 Mostly cloudy; periods of bright sun; breezy; temperature in mid 60's. 6-10-87 Sunny, cloudless sky; breezy; temperature in mid 70's. 6-11-87 Sunny, light clouds; temperature in low 80's. 6-19-87 Sunny, slight haze; humid; temperature 90°. am MEASUREMENTS FOR 61.25 MHZ - VISUAL CARRIER OF CH 3, WSTM-TV AT SYRACUSE, NEW YORK - NBC AFFILIATION Average s. Chart Antenna Measured Calibration Peak Average Field Antenna Length Field Exceed Point RecordingScale Correction or Chart Strength Factor Adjustment Strength Grade abet Number (d B) (dB) Date Time Average Value (dB) (dB) (dB) (dB) B? s.J 134 40 -10 6-11-87 1326 P -- 49.3 -6.5 +5.8 +2.5 51.8 Yes 2 123 20 -10 " 1212 A +4 35.2 -9.5 +5.8 +2.5 32.8 No 3 81 40 0 6-10-87 1251 P -- 24.2 -12.6 +5.8 +2.5 35.7 No 4 133 20 -10 6-11-87 1307 A +4 19.5 -14.5 +5.8 +2.5 27.8 No 5 89 20 -10 6-10-87 1359 A +4 26.5 -11.9 +5.8 +2.5 30.4 No I 5 90 40 0 " 1411 P -- 36.0 -9.3 +5.8 +2.5 39.0 No 148 40 -10 6-11-87 1416 P -- 28.5 -11.4 +5.8 +2.5 46.9 Yes 8 39 40 -5 6-09-87 1514 P -- 51.2 -6.1 +5.8 +2.5 47.2 Yes 9 77 20 -5 6-10•-87 1208 A +4 41.5 -8.1 +5.8 +2.5 29.2 No 0 Point Not Accessible 1 100 20 -5 6-10-87 1505 A +4 47.0 -6.9 +5.8 +2.5 30.4 No 6-2 99 40 0 " 1453 P -- 47.5 -6.8 +5.8 +2.5 41.5 No 13 Not Measurable 14 Not Measurable 5 70 20 0 6-10-87 1113 A +4 37.5 -8.9 +5.8 +2.5 23.4 No 6 76 20 0 " 1145 A +4 25.5 -12.3 +5.8 +2.5 20.D No �..7 ill 40 0 6-11-87 1041 A +4 23.0 -13.3 +5.8 +2.5 39.0 No 18 112 40 0 " 1057 A +4 24.0 -12.9 +5.8 +2.5 39.4 No 19 38 40 -5 6-09-87 1500 P -- 54.5 -5.6 +5.8 +2.5 47.7 Yes "0 51 40 0 " 1624 P -- 48.0 -6.7 +5.8 +2.5 41.6 No 1 69 20 0 6-10-87 1056 A +4 34.0 -9.8 +5.8 +2.5 22.5 No 2 6 40 0 6-08-87 1700 P -- 24.2 -12.6 +5.8 +2.5 35.7 No 6-13 7 20 -10 " 1730 P -- 31.5 -10.5 +5.8 +2.5 27.8 No 24 122 40 0 6-11-87 1149 P -- 26.0 -12.0 +5.8 +2.5 36.3 No 25 63 20 -10 6-10-87 1003 A +4 31.7 -10.5 +5.8 +2.5 31.8 No 6 57 40 0 6-09-87 1700 P -- 49.7 -6.4 +5.8 +2.5 41.9 No The mean Ch. 3 measured field strength is 35.6 dB. The standard deviation of the Cb. 3 measured field strength data is 8.4 dB. 7OLY 1987 SILLIMAN AND SILLIMAN r_ .� i Ithaca, New York FIGURE 4, PAGE 2 bm TABULATION OF RECORDED DATA MEASUREMENTS FOR 77.25 MHZ - VISUAL CARRIER OF CH 5, WTVH AT SYRACUSE, NEN YORK - CBS AFFILIATION Average Chart Antenna Measured Calibration Peak Average Field Antenna Length Field Exceed mint Recording Scale Correction or Chart Strength Factor Adjustment St re ngih Grade Number Number (d B) (dB) Date Time Average Value (dB) (d B) (d B) (dB) B? 1 135 40 -30 6-11-87 1328 P -- 18.5 -15.0 +7.9 +6.5 49.4 Yee 2 124 20 -5 " 1216 A +4 15.0 -17.0 +7.9 +6.5 26.4 No awl Not Measurable 4 132 20 0 6-11-87 1305 A +4 28.0 -11.4 +7.9 +6.5 27.0 No 5 88 20 0 6-10-87 1357 A +4 20.8 -14.1 +7,9 +6.5 24.3 No i 91 20 -10 " 1413 P -- 37.0 -9.0 +7.9 +6.5 35.4 No 7 147 40 -5 6-11-87 1414 P -- 41.8 -8.0 +7.9 +6.5 51.4 Yes 40 40 0 6-09-87 1516 P -- 50.0 -6.3 +7.9 +6.5 46.1 Yee 9 Not Measurable 10 Point Not Accessible '1 101 20 0 6-10-87 1507 A +4 26.9 -11,7 +7.9 +6.5 26.7 No 2 98 20 -10 1452 P -- 36.5 -9.1 +7.9 +6.5 35.3 No 3 Not Measurable f!'4 62 40 -5 6-09-87 1752 P -- 46.5 -7.0 +7.9 +6.5 52.4 Yee 15 71 20 0 6-10-87 1114 A +4 19.1 -14.8 +7.9 +6.5 23.t No 16 75 20 0 " 1143 A +4 22.0 -13.7 +7.9 +6.5 24.7 No 7 110 40 0 6-11-87 1039 A +4 18.5 -15.0 +7.9 +6.5 43.4 No 6 113 20 0 " 1059 A +4 60.5 -4.7 +7.9 +6.5 33.7 No y,09 37 20 -5 6-09-87 1459 P -- 55.5 -5.4 +7.9 +6.5 34.0 No 20 52 20 -10 " 1627 P -- 41.5 -8.0 +7.9 +6.5 36.4 No 21 68 20 0 6-10-87 1054 A +4 21.0 -14.0 +7.9 +6.5 24.4 No -2 5 20 -10 6-08-87 1655 P -- 29.0 -11.2 +7.9 +6.5 33.2 No 3 Not Measurable 4 121 20 0 6-11-87 1147 A +4 30.2 -10.8 +7.9 +6.5 27.6 No x75 64 20 0 6-10-87 1008 A +4 29.0 -11.2 +7.9 +6.5 27.2 No 26 56 20 -10 6-09-87 1658 P -- 55.5 -5.4 +7.9 +6.5 39.0 No .e mean Ch. 5 measured field strength is 34.5 dB. "a standard deviation of the Ch. 5 measured field strength data is 9.3 dB. fLY 1987 SILLIMAN AHI) SILLIMAN i.n r r r Ithaca, New York FIGURE 4. PAGE 3 Y.n TABULATION OF RECORDED DATA MEASUREMENTS FOR 187.25 MHZ - VISUAL CARRIER OF �.. CH 9. WIXT AT SYRACUSE, NEW YORK - ABC AF'F'ILIATION Average Chart Antenna Measured Calibration Peak Average Field Antenna Lengti. Field Ex Cep, Point Recording Scale Correction or Chart Strength Factor Adiustmrr,r Stren.,ti. 3r-le Number Number (dB) (dB) Date Time Average Value (dB) (dB) (,!B) (d b. 1 192 40 0 6-19-87 1543 P -- 23.5 -12.8 +17.0 0.0 44.2 No 2 Not Measurable 3 Not Detectable 4 181 20 -10 6-19-87 1406 P -- 29.5 -10.8 +17.0 0.0 36.2 Nc 5 179 20 0 1342 P -- 38.5 -8.5 +17,0 0.0 26.5 Nu 6 178 40 0 " 1334 P -- 19.0 -14.5 +17.0 0.1? 42.1 Nc 7 193 40 -5 1550 P -- 23.7 -12.7 +17.0 0.0 49.' .c 8 Not Detectable 9 183 20 -10 6-19-87 1435 P -- 33.5 -9.7 +17.0 0.0 37.3 No 10 Point Not Accessible 11 173 20 -5 6-19-87 1305 P -- 33.0 -9.8 +17.0 0.0 32.2 0 12 176 20 -5 " 1322 P -- 38.0 -8.6 +17.0 O.0 33.,, N 13 196 4C 0 1603 P -- 16.0 -16.0 +17.0 0 C 41.0 ~14 187 20 -10 " 1505 P -- 44.7 -7.3 +17.0 U 0 39.' 15 162 20 -10 1058 P -- 28.5 -11.1 +17.0 0.0 35.5 No to Not Measurable 17 172 20 -10 6-19-87 1220 P -- 25.0 -12.3 +17.0 0.0 34.7 No 18 169 40 0 " 1206 P -- 21.5 -13.5 +17.0 C.0 43., Nc bm19 197 20 0 1609 P -- 37.6 -8.7 +17.0 O.0 26.: i0 20 186 20 -5 " 1456 P -- 51.8 -5.9 +17.0 C.' 36.: 21 161 20 0 1048 P -- 33.8 -9.6 +17.0 0.0 2'.- 22 165 20 -5 1125 P -- 28.0 -11.2 +17.0 0.(; 3;.r Nc 23 Not Detectable 14 Not Detectable X25 157 20 0 6-19-87 1018 P -- 31.5 -10.2 +17.0 0.0 26.t No 26 159 20 -10 1033 P -- 14.0 -17.0 +17.0 0.0 3C.5 ,w 'he mean Ch. 9 measured field strength is 35.7 dB. "I,e standard deviation of the Ch. 9 measured field strength data is 6.2 dB. 'U LY1987 SILLIM.-'. :.:.J S._�...._. r.. r. r.. a. Ithaca, New York FIGURE 4, PAGE 4 NEW TABULATION OF RECORDED DATA MEASUREMENTS FOR 205.25 MHZ - VISUAL CARRIER OF CH 12, 'd BNG-'!'b' AT BINGIMTON, NEN YUR% - CBS AFFILIATION an Average Chart Anter.no Me asur ed Calibration Peak Average Field Antenna Length Fie':' E.C-1 b.int Recording Scale Correction or Chart Strength Factor Adjuanaent Strengti, :a62 Number Number (d B) (dB) Date Time Average Value (d B) (d B) (dt (d b'' 5: 1 191 60 0 6-19-87 1541 P -- 14.0 -17,0 +17.8 C.G 6C.❑ Yes 2 190 40 -10 " 1527 P -- 30.0 -10.7 +17.8 0.11 57.! Yea 3 Not Measurable W-4 182 20 -10 6-19-87 1408 P -- 27.4 -11.4. +17,8 0.0 36.4 tic 5 180 20 -10 " 1344 P -- 21.0 -13.6 +17.8 0,0 34,- !ic 6 177 40 0 " 1332 P -- 14.5 -16.7 +17,8 O.G 4:.1 !1c 7 194 40 -10 " 1552 P -- 38.7 -8.5 +17.8 0.1 59.= Yea 8 189 40 0 " 1516 P -- 31.5 -10.2 +17.8 0.0 47.c. No 6009 184 40 0 " 1438 P -- 22.3 -13.2 +17.8 O.0 44.6 Nc 10 Point Not Accessible 11 174 20 -5 6-19-87 1307 P -- 25.7 -12.0 +17.8 0.0 Me Nc '2 175 20 0 " 1319 P -- 23.8 -12.6 +17.8 O.0 25.2 Nco 3 195 40 -10 " 1601 P -- 20.0 -14.0 +17.8 4 188 20 -5 1507 P -- 51.7 -5.9 +17.8 36.9 '"T5 163 20 -10 " 1100 P -- 20.0 -14.0 +17,8 0.0 33.b No 16 164 2C 0 1111 P -- 31.8 -10.1 +17.8 0.0 27.7 Nc 17 171 20 -5 1218 P -- 21.0 -13.6 +17,8 0.0 29.2 N� 8 170 20 0 " 1209 P -- 31.8 -10.1 +17.8 G.L' 27.7 Nc 9 198 20 0 " 1611 P -- 41.0 -7.9 +17,8 0.0 29.9 r!O 185 20 -5 " 1454 P -- 30.5 -10.5 +17.8 0.0 32.3 2.1 160 20 0 " 1,046 P -- 34,0 -9.6 +17.8 C.0 22 166 20 -10 1127 P -- 36.0 -9.0 +17.8 G. 33.e 3 167 40 0 " 1143 P -- 38.5 -8.5 +17.8 O.d 49.3 u 4 168 20 -10 1154 P -- 24.5 -12.4 +17.8 O.0 .. 45 156 2. 0 1013 P -- 20,2 -14.0 +17.8 0.0 23.r. o 2b 158 20 0 " 1029 P -- 40.4 -8.0 +17.8 0.0 29.e c e mean Ch. 12 measured field strength is 38.1 dB. e standard deviation of the Ch. 12 measured field strength data is 10.9 dB. ft- LY 1987 SILLIMAt, r-'.b S:LLIMAI. a.� r. r.. a. r.. r.. Ithaca, New York FIGURE 4, PAGE 5 ae� TABULATION OF RECORDED DATA MEASUREMENTS FOR 495.25 MHZ - VISUAL CARRIER OF a. CH 18, WETM-TV AT ELMIRA. NEW YORK - NBC AFFILIATION Average Chart Antenna Measured Calibration Peak Average Field Antenna Length Field Exceed 'roint Recording Scale Correction or Chart Strength Factor Adjustment StrengLt. Graze Number Number (d B) (dB) Date Time Average Value (d B) (dB) (d B) (dB) B? 1 Not Measurable 2 Not Detectable Ww 3 Not Detectable 4 129 0 -10* 6-11-87 1255 23.0 -67.5 +25.4 -2.3 42.6 No 5 Not Measurable 6 94 0 -10* 6-10-87 1422 15.0 -71.5 +25.4 -2.3 38.6 No 7 Not Detectable aAW 8 Not Detectable 9 Not Detectable 10 Point Not Accessible 11 104 20 0* 6-10-87 1518 29.7 -78.7 +25.4 -2.3 51.4 No 12 Not Detectable } 13 Not Measurable x"'14 Not Measurable 15 Not Detectable 16 Not Detectable 17 Not Detectable 18 Not Detectable eaW19 34 0 0* 6-09-87 1446 78.0 -69.0 +25.4 -2.3 41.1 No 20 Not Measurable 21 Not Detectable 22 Not Detectable 23 Not Detectable x'24 Not Measurable 25 Not Detectable 20 59 0 -5* 6-09-87 1711 17.5 -75.1 +25.4 -2.3 35.0 No 'he mean Ch. 18 measured field strength is 41.7 dB. %m he standard deviation of the Ch. 18 measured field strength data is 5.5 dB. Calibrations were run for 0, -5, and -10 dB calibration correction. Average chart field strength was read directly from the pertinent caliLratior, and value read needs no further additive calibration correction. r 1ULY 1987 SILLIMA! r11D SILLIMA: r n. 1 . Ithaca, New York FIGURE 4, PACE 6 r. TABULATION OF RECORDED DATA bum MEASUREMENTS FOR 531.25 MHZ - VISUAL CARRIER OF CH 24, WCNY-TV AT SYRACUSE, NEW YORK - PBS AFFILIATION Average Chart Antenna Measured ►� Calibration Peak Average Field Antenna Length Fier Exce—, Point Recording Scale Correction or Chart Strength Factor Adius(menL Strength. Grade Number Number (d B) (dB) Date Time Average Value (d B) (d B) (d B) (d B; 5: 1 Not Detectable low 2 Not Detectable 3 Not Detectable 4 Not Detectable 5 Not Detectable 6 Not Measurable 7 141 0 -10* 6-11-87 1357 38.5 -62.5 +26.3 -0.2 50.o No —8 Not Measurable 9 Not Measurable 10 Point Not Accessible 1 105 0 -10* 6-10-87 1521 15.5 -71.2 +26.3 -0.2 41.5 No .2 Not Detectable ,.43 Not Measurable 14 Not Measurable • 15 Not Detectable '.6 Not Detectable 17 Not Detectable 18 Not Detectable '19 Not Detectable 20 Not Measurable 21 Not Detectable 1 22 Not Detectable 1 23 Not Detectable X24 117 0 -10* 6-11-87 1135 14.6 -71.7 +26.3 -0.2 41.4 No 25 Not Detectable 26 Not Measurable ftmjhe mean Ch. 24 measured field strength is 44.6 dB. The standard deviation of the Ch. 24 measured field strength data is 4.2 dB. Calibrations were run for 0, -5, and -10 dB calibration correction. Average chart field strength was read directly from the pertinent calil.(otiun and value read needs no further additive calibration correction. b.v ULY 1987 SILLIMN! n:l✓ SILLIMAN r.. Iwo am Ithaca, New York FIGURE 4, PAGE 7 ftW TABULATION OF RECORDED DATA MEASURFMENrS FOR 591.25 MHZ - VISUAL CARRIER OF e. CH 34, {MGC-TV AT BINGHAMTON. NEW YORK - ABC AFFILIATION Average Chart Antenna Measured as. Calibration Peak Average Field Antenna Length Field Exceed Point Recording Scale Correction or Chart Strength Factor Adjustment Strength Grade Number Number (d B) (dB) Date Time Average Value (dB) (d B) (dh) (QB) B? 140 20 -5* 6-11-87 1345 27.7 -70.6 +27.4 -0.3 63.5 Yea 128 20 -10* " 1235 39.0 -62.4 +27.4 -0.3 71.1 Yes Not Detectable 4 Not Detectable 5 Not Detectable I Not Measurable 142 20 0* 6-11-87 1359 44.3 -74.6 +27.4 -0.3 59.5 No J Not Detectable 9 80 20 0* 6-10-87 1226 27.6 -79.5 +27.4 -0.3 54.6 No 10 Point Not Accessible 106 0 0* 6-10-87 1524 9.5 -91.0 +27.4 -0.3 23.1 tlo Not Detectable - f Not Detectable Not Measurable 15 Not Measurable It, Not Detectable ' Not Detectable I Not Detectable emr Not Detectable 2C Not Measurable 21 Not Detectable 1 20 0* 6-08-87 1629 9.7 -90.5 +27.4 -0.3 43.6 No 9 0 -30* " 1759 24.7 -66.9 +27.4 -0.3 47.2 No 4.� 118 0 -10* 6-11-87 1138 13.8 -72.2 +27.4 -0.3 41.9 No 2S Not Detectable 26 Not Detectable mean Ch. 34 measured field strength is 50.6 dB. 'I'M standard deviation of the Ch. 34 measured field strength data is 14.1 dB. i :alibrations were run for 0, -5, and -10 dB calibration correction. Average chart field strength was read directly from the pertinent calibration ind value read needs no further additive calibration correction. .Y 1987 SILLIMAN AND SILLIMAN f.. .. .. .�. w .. Ithaca, New York FIGURE 4, PAGE 8 a�. TABULATION OF RECORDED DATA MEASUREMENTS FOR 603.25 MHZ - VISUAL CARRIER OF %.a CH 36, WENY-TV AT ELMIRA. NEN YORK - ABC AFFILIATION Average Chart Antenna Measured Calibration Peak Average Field Antenna Length Field Emceed 1oint Recording Scale Correction or Chart Strength Factor Adjustment Strengtn Grade Number Number (d B) (dB) Date Time Average Value (d B) (d B) WE) (d E) B? 1 Not Detectable 2 Not Measurable b.m3 Not Measurable 4 130 0 -10* 6-11-87 1258 52.2 -59.4 +27.6 +0.7 55.9 No 5 86 0 -10* 6-10-87 1348 18.0 -70.0 +27.6 +0.7 45.3 No 6 95 0 -30* 1427 22.2 -67.9 +27.6 +0.7 47.4 No 7 Not Measurable `8 Not Detectable 9 Not Measurable 10 Point Not Accessible '1 107 0 -10* 6-10-87 1527 28.5 -65.8 +27.6 +0.7 49.5 No 2 Not Detectable 3 32 20 0* 6-09-87 1423 9.8 -90.0 27.6 +0.7 45.3 0"44 Not Measurable 15 73 0 -5* 6-10-87 1125 32.8 -68.9 +27.6 +0.7 46.4 No It Not Measurable 7 Not Detectable 8 116 20 0* 6-11-87 1115 37.0 -76.5 +27.6 +0.7 58.8 No 0..9 33 0 -5* 6-09-87 1443 33.0 -68.8 +27.6 +0.7 46.5 No 20 50 0 -10* " 1619 20.5 -68.7 +27.6 +0.7 46.6 No 21 Not Detectable '.2 Not Detectable :3 Not Detectable !4 Not Measurable x"15 Not Measurable 26 58 0 -10* 6-09-87 1707 17.8 -70.1 +27.6 +0.7 45.2 No is mean Ch. 36 measured field strength is 48.7 dB. %wne standard deviation of the Ch. 36 measured field strength data is 4.5 dB. Calibrations were run for 0, -5, and -10 dB calibration correction. Average chart field strength was read directly from the pertinent ca'_ibraticn and value read needs no further additive calibration correction. "1LY 1987 SILLIMA14 AN1 SiLLIMAN rr r_ r.. r.. w w w w w Ithaca, New York FIGURE 4, PAGE 9 WM TABULATION OF RECORDED DATA MEASUREMENTS FOR 627.25 MHZ - VISUAL CARRIER OF un CH 40, BICZ-TV AT BINGHAMTON. NEN YORK - NBC AFFILIATION Average Chart Antenna Measured an Calibration Peak Average Field Antenna Length Field Exceed Point Recording Scale Correction or Chart Strength Factor Adjustment Strength; Grade Number Number (d B) (dB) Date Time Average Value (d B) (dB) (d B) (db) B1 1 139 20 -5* 6-11-87 1342 36.0 -68.1 +28.0 -0.3 66.6 Yea 2 127 20 -10* 1232 30.5 -65.0 +28.0 -0.3 69.7 Yes 6" Not Measurable 4 Not Detectable 5 Not Detectable 5 Not Measurable 7 143 20 -10* 6-11-87 1405 35.3 -63.4 +28.0 -0.3 71.3 Yes 4006 42 0 -5* 6-09-87 1527 53.0 -64.5 +28.0 -0.3 50.2 No 9 Not Measurable 10 Point Not Accessible -1 Not Detectable 2 Not Detectable 3 29 20 0* 6-09-87 1220 30.5 -78.3 +28.0 -0.3 56.4 No 'OT4 60 0 -5* " 1742 16.5 -75.7 +28.0 -0.3 39.0 No 15 Not Detectable 16 Not Detectable 7 Not Detectable 8 Not Measurable W" Not Measurable 20 Not Detectable 21 Not Detectable 2 Not Measurable 3 10 0 -10* 6-08-87 1810 15.4 -71.2 +28.0 -0.3 43.5 No `4 Not Measurable 25 Not Detectable 26 Not Detectable e mean Ch. 40 measured field strength is 56.7 dB. "e standard deviation of the Ch. 40 measured field strength data is 12.0 dB. Calibrations were run for 0, -5, and -10 dB calibration correction. Average chart field strength was read directly from the pertinent calibration and value read needs no further additive calibration correction. -LY 1987 SILLIMAN ASID S'.LLIMAN r_ r. w .r r Ithaca. New York FIGURE 4, PAGE 10 a� TABULATION OF RECORDED DATA ar MEASUREMENTS FOR 663.25 MHZ - VISUAL CARRIER OF CH 46, WSKG-TV AT BINGHAMTON, NEW YORK - PBS AFFILIATION Average Chart Antenna Measured am Calibration Peak Average Field Antenna Length Field Exceed Point Recording Scale Correction or Chart Strength Factor Adjustment Strength Grade Number Number (dB) (dB) Date Time Average Value (d B) (dB) (dB) (dB) B7 138 20 0* 6-11-87 1338 33.0 -77.6 +28.7 +1.0 59.1 No e„w2 126 20 -5* " 1224 29.8 -69.8 +28.7 +1.0 66.9 Yea 3 Not Detectable 4 Not Detectable 5 Not Detectable 6 Not Detectable 7 144 20 -10* 6-11-87 1407 23.4 -67.3 +28.7 +1.0 69.4 Yes m"w8 43 0 -5* 6-09-87 1530 30.0 -69.7 +28.7 +1.0 47.0 No 9 79 0 -10* 6-10-87 1220 16.3 -70.9 +28.7 +1.0 45.8 No 10 Point Not Accessible 1 Not Detectable 2 Not Detectable m.m3 28 0 -10* 6-09-87 1217 34.0 -63.7 +28.7 +1.0 53.0 No 14 Not Detectable 15 Not Detectable 6 Not Detectable 7 Not Detectable 8 Not Detectable ftI19 Not Detectable 20 Not Detectable 11 Not Detectable 2 Not Detectable 3 11 20 0* 6-08-87 1815 12.5 -87.6 +28.7 +1.0 49.1 Nr ft!» Not Detectable 25 Not Detectable 26 Not Detectable ft.0e mean Ch. 46 measured field strength is 55.8 dB. The standard deviation of the Ch. 46 measured field strength data is 8.9 dB. Calibrations were run for 0, -5, and -10 dB calibration correction. Average chart field strength was read directly from the pertinent calibration and value read needs no further additive calibration correction. 1LY 1987 SILLIMAN AND SILLIMAN r.. r..e r r r r r I r r r r r r r r r r r r MADE IN U.S.A. ESTERLIM i US INDIANAPOLIS. IyD.. U.S.A. � 0 7- 0 70 50 ib- 40 ilk ITHACA - NEW YORK TYPICAL FIELD STRENGTH RECORDINGS JULY 1987 SILLIMAN AND SILLIMAN FIGURE 5-C ENGINEERING REPORT SILLIMAN AND SILLIMAN 0121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20510 Ithaca, New York A F F I D A V I T MONTGOMERY COUNTY ) SS: STATE OF MARYLAND ) ROBERT M. SILLIMAN, being duly sworn upon oath deposes and says: That his qualifications are a matter of record with the Federal .. Communications Commission; That he is a registered professional engineer in Maryland, the District of Columbia and the Commonwealth of Virginia and is a partner in the firm of Silliman and Silliman; That this firm has been retained on behalf of The City of Ithaca to prepare this engineering statement; That he has either prepared or directly supervised the •. preparation of all technical information contained in this engineering statement and that the facts stated in this engineering statement are true of his knowledge except as to such statements as are herein stated to be on information and belief and as to such statements he believes them to be true. Robert M. Silliman Subscribed and sworn to before me this 11th day of September 1987. Notar b My Commission expires July 1, 1990. (SEAL) r.. ENGINEERING REPORT �- SILLIMAN AND SILLIMAN 8121 GEORGIA AVENUE CONSULTING ENGINEERS SILVER SPRING. MD 20910 Ithaca, New York A F F I D A V I T MONTGOMERY COUNTY ) SS: STATE OF MARYLAND ) SUSAN N. CRAWFORD, being duly sworn upon oath deposes and says: That she is a Senior Staff Engineer in the firm of Silliman and Silliman; That this firm has been retained on behalf of the City of Ithaca to prepare this engineering statement; That she has either prepared or directly supervised the preparation of all technical information contained in this engineering �. statement and that the facts stated in this engineering statement are true of her knowledge except as to such statements as are herein stated to be on information and belief and as to such statements she believes them to be Ion true. Susan N. awford 7 Subscribed and sworn to before me this 14th day of September 1987. Notary 1' My Commission expires July 1, 1990. (SEAL) TELEVISION CABLE FRANCHISE Agreement made this 20th day of January 1978 , by and between the CITY OF ITHACA, a municipal corporation duly organized Not and existing under and by virtue of the laws of the State of New York , party of the first part , Grantor. , and AMERICAN TELEVISION AND CON24UNICATIONS CORPORATION, a domestic corporation duly organized under and by virtue of the laws of the State of: New York , having its principal place of business at 20 Inverness Place Last, Englewood, Colorado, party of the second part , Grantee . WITNESSETH: That in consideration of the promises and covenants hereinafter •— made , the parties agree as follows : 1 . American Television and Communications Corporation., of 20 Inver- ness Place East , Englewood , Colorado , hereinafter referred to as Grantee is hereby granted and invested with the right and authority to construct , erect , operate and maintain buildings , machinery and apparatus within the city limits of the City of Ithaca, as it now is , and as it hereafter may be constituted by revision, modification, or addition, and which said buildings , machinery, apparatus may or shall become necessary in the transmission of television programs , and distribuion and sale of television or radio programs for the use of the citizens of the City of Ithaca , said rights hereby granted to be non-exclusive . The City has approved the legal , character , financial , technical and other qualifications of the Grantee and the adequacy and feasibility of its construction arrangements as part of a full public proceeding affording due process . 2 . Grantee shall have the right , further , to erect , place, operate , repair and maintain poles , wires , transmission lines , distribution lines , and service lines in and over and the right to use , all public avenues , streets , alleys , grounds and places in the city, and within its present limit or as it hereafter may be extended, for the purpose of furnishing the City of Ithaca and its inhabitants with television or radio service , provided always , that such poles , wires , trans- mission lines , distribution lines , and service lines shall not inter- fere with, nor obstruct , the necessary or proper use of said streets , avenues , alleys , public grounds or places . 3. Grantee shall have the right and permission of the City of Ithaca to use existing poles , wires , transmission lines and service lines now erected and in existence , and owned, controlled or operated by the New York Telephone Company or New York State Electric and Gas Corporation within the City of Ithaca , upon the condition that it shall first obtain the written permission of the New York Telephone Company or New York State Electric and Gas Corporation respectively for such uses . -2- _ 4 . Grantee shall be permitted to extend its poles , wires , trans- mission lines , distribution lines and service line, and to give service to the City of Ithaca and to its inhabitants in accordance with the permission, rules, regulations and statutes as the same may be amended from time to time, of the Public Service Commission, Federal Communications Commission, and other regulatory bodies of the State of New York and of the United States of. America. and subject: at all times to the applicable laws of the State of: New York and of the United States of America. S . Grantee is hereby empowered, and subject always to the approval. , if necessary, of the Public Service 'Commission of the Stage of New York or other applicable State Commission, and the Federal. Commui;ica - tions Commission, to use proper practices , and procedures within t:hc spirit of this franchise and appropriate to the service within the geographical limits of this franchise . 6. Grantee , upon execution of this franchise agreement , shall , if required be allowed to proceed to petition the Public Service Commission of the State of New York or other applicable State Commission and Federal Communications Commission for any approval. required to be had in the premises , and upon such approval , he shall notify the Mayor of the City of Ithaca , in writing . 7 . No poles are to be erected upon the public streets , alleys , avenues and public grounds and no excavation of any type shall be done or caused to be-done unless permission in writing is first obtained from the Department of Public Works of the City of Ithaca , New York. 8 . In the event that a change is made in the grade of public street , alleys , avenues and grounds by authority of the City, which shall * necessitate the removal of any poles , wires , transmission lines , and distribution lines , to conform to the change of grade , Grantee shall make the necessary changes in its lines , at its own expenses , upon due notice from the Board of Public Works of the City to do so . 9 . All work in any way necessitated by the business of the Grantee which may involve the opening , breaking or tearing up of a portion of a street , sidewalk or other part of any City-owned or City-con- trolled property shall be done by the City at the expense of the Grantee . Grantee shall save and keep the City harmless against all loss' or damage to person or property caused by the construction , laying maintenance or operation of an), of its lines or other under- taking under the authority of this franchise. 10 . a) During the terms of this franchise , Grantee shall furnish to all persons desiring the service offered , and paying for the same , a wire service capable of producing as good a quality of television picture signal or reception as may be practical from time to time , and shall make all reasonable and practical betterments or improve - ments of said service as improvements in the science of carrying of television signals shall warrant , as well as in the elimination of radio interference . -3- b) The Grantee shall certify to the City and provide such re- quired documentation to prove that it is in fact meeting the minima]_ technical standards required by the Federal Communications Commission and the New York State Commission on Cable Television. Said certifi- cation and documentation will be provided as may be requested by the City. If in the belief of the City the minimum technical standards are not being met , or, if the Grantee shall fail to provide such certification and documentation as required herein, then the City may, at its sole option, employ the services of the New York State Commission on Cable Television engineering van to make certification checks within the City . The Granted agrees to such verification checks at the discretion of the State Cable Commission (should they be required by the City) . ! c) Service shall be defined to include basic service as herein - after defined and the provision of any additional cable programming to subscribers ` homes and businesses in the city through the use of cable and necessary instruments . d) Basic Service means the provision of 12 channels (channels 2 through 13) to subscribers ` homes and businesses in the city through the use of cable and necessary instruments . Such Basic Service shall include the so-called "must-carry" stations as required by the Federal Communications Commission and the New York State Cable Commission, the Learning Channel (formerly ACSN) on the Local. Access Channel 13 during times when local access programming is not available, and the current New York City stations (now three in number) to the extent channels are available after local access and "must-carry" stations are pr..a- vided . 11 . This franchise does not in any manner grant to the Grantee , his successors or assigns , the exclusive right to the sale and service of telephone sets , accessories , or converters within the City of Ithaca , and it is expressly understood that the right to sell such sets or accessories or converters is reserved to any and all legitimate dealers . By acceptance of this franchise , the Grantee , his successors and assigns shall be deemed to have accepted the following conditions : a) Any person, individual or corporation may purchase television sets from any source without any liability to the holder of the franchise herein granted. b) The holder of this franchise shall be required to permit any individual or corporation to have access to all. services of the holder of this franchise , subject only to the payment of regular installation fee and monthly charges which are hereby established as- follows : 1) Installation: Residential establishments (maximum charges) : First installation charge - $ 25 .00 Each additional installation - 15 .00 Commercial establishments (maximum charges) : First installation charge - time and materials + 100 Each additional installation - time and materials + i00 Custom installation (resider t:i.al or commercial) , hidden wire , underground drop in area where drops are other- wise aerial - time and n:a teri.al.s 10% 2) Monthly Rental Charges : First outlet , basic service - $ 7 .00 Each additional outlet (resi- dential) , basic service - $ 2 .00 Each additional outlet (commercial) - $ 7 .00 First FM outlet - $ 7 .00 Each additional Fro outlet - $ 2 . 00 The monthly rental charge for first outlet , basic service and first FM outlet shall increase to $8 . 00 effective January 1 , 1986 , and remain at no more than $8 . 00 at least to January 20 , 1988 notwithstanding any Federal or State law, rule, regula- tion or ruling which permits or authorizes any increases thereof to the contrary during this period. 3) Disconnection: No charge will be made for disconnection, and no charge will be made for the period when the service is disconnected for any reason whatsoever . Cable service may be disconnected when the rental or other charges are 60 days past due . 4) Connection and Re -connection To To Existing Outlet : $ 15 . 00 5) Transfer of Service : $ 15 .00 Any user who has paid the regular established residential installation fee and moves to another residence within the city may have this service transferred for the above charge . 6) Relocation in the Same Dwelling: To a new location in the same room -$10.00 To a new location in another room - $1S . 00 7) Converter Deposit (refundable) : $10 .00 8) Installation may be disconn6cted if user attempts to run more than one set at one time on each installation, or permits anyone else to do the same ; or tampers with the lines in any way. 9) The rates and charges for basic service set forth herein shall bind the parties for the period July 1 , 1984 to at least January 20 , 1988- -the date of expiration of the existing franchise . In the event that grantee exercises its option to extend the term in accordance with Section 15 hereof , these rates shall continue in effect after January 20 , 1988 . No increase in rates and charges for basic service shall be effective after January 20 , 1988 and during such extended term unless first approved by the Common Council in accordance with the provisions of Section 33 of this franchise as amended following a public hearing affording due process . Approval of increases in rates and charges for basic service shall not be unreasonably withheld . 10) All installation and other charges include applicable federal. , state and local taxes , if any , except sales tax. 11) The City specifically reserves the right to conduct a sub- scriber or other rate investigation at . any time when it _ believes on the basis of financial data available to it that substantial changes in costs , revenues , or profits of the Grantee has occurred, and may on the basis of such investiga- tion, adjust the subscribers ' rates or any other rates contained in this agreement after January 20, 1988 . c) Grantee of this franchise shall not directly or indirectly reflect the cost of installations in the price of sets sold by it. 12 . If the trees in the City streets interfere with the erection of . poles or the stringing of wires , or cables , in accordance with .the terns of this franchise , written permission for removing said trees , or anN part thereof , must be obtained from the Department of Public 1%'orl:s , for trees on City property and from the owners of private property. 13 . In all street installations , the cable or wires erected shall , in all respects , comply with the provisions of all existing Codes -6- pertaining to the extension of wires across the streets , and all applicable provisions of the Electrical Code of the City of Ithaca. Coaxial cable shall be used to carry the television signal through- out the street installations . Messenger cable shall be used to ` carry the coaxial cable across the streets . 14 . The holder of this franchise shall , at all times , keep in effect the following types of insurance coverage : 1) Workmen' s Compensation upon it.s employees engaged in any manner in the installation or servicing of its plant and its equip- ment within the City of Ithaca. 2) Public Liability Insurance in a total overall- amount of: not less than $1 ,000 ,000 combined single limit coverage insuring the holder of this franchise and the City of Ithaca against liability for property damage and for personal :injury or death by reason of the ■- installation, servicing or operation of its plant and equipment or installations within the City of Ithaca . 15 . The term of this franchise shall expire January 3-9 , 1988 . The franchise may be automatically renewed at the option of the Grantee for an additional period extending to May 1 , 1991 , unless after review of the performance of the Grantee , Grantor shall determine that said ` performance has been inadequate , in which case the Grantor may, upon one (1) month' s written notice to the Grantee terminate this franchise agreement at the end of the initial ten-year. term. However , this franchise may be revoked in the event the Grantee shall fail to comply with the terms and conditions herein set forth within sixty days after written notice of such failure has been received by the Grantee . 16 . This franchise is personal to the Grantee , and may be transferred only on application to and approval by the Common Council of the City of Ithaca. No permit or grant of similar privileges and powers as are covered by this franchise shall be allowed during the period hereof except upon a franchise applied for and approved by the Common Council . 17 . The Grantee shall pay to the City Chamberlain annually a sum equal to three per centum (3%) of its gross revenues from all cable service operations within the City ; said gross revenues shall in- clude the charges and rentals for basic service as set forth herein, all other charges and rentals set forth herein , and all other revenues obtained from any source whatsoever on account of the provision of cable related services of any kind within the City, in- eluding , but not limited to , basic service , augmented service , satellite service , HBO , pay television , and any other entertainment or other services . The City may increase the Per centum sum in the first sentence of this paragraph as Permitted by law or regulations of the Federal Communications Commission or New York State Cable Commission . Such fees shall be and constitute a lien upon the property of the Grantee within the City prior and superior to all other debts , obligations , taxes , mortgages , or liens of whatsoever nature regardless of the time of the creation thereof, excepting herefrom any prior liens on the New York State Cable Commission . -7- . Failure to make the required report or pay such franchise fees shall be grounds for revocation of this franchise. In regards to the property tax credits , ATC will not apply any tax credit to the Ithaca Franchise fee in a greater proportion than the City of Ithaca subscribers are to the total system . 18 . Any continuous and willful violation of: any section or provision of this franchise shall be grounds for. cancellation of the franchise , after due notice and public hearing . The r-i.ght is reserved. to the Grantee to prosecute in any Court or otherwise , any stealing , pirating or unlawful uses of the services covered by this franchise . 19 . If any section of this franchise agreement or any clause or any phrase thereof shall be held to be unconsti.t:ut:ional or void, all other portions not so held shall be and remain in fill.]. force and effect . 20 . The City recognizes that Grantee has constructed its system substantially throughout the primary area (the entire city) . No standards for line extension are required at this time. Grantee shall continue to provide such service throughout the duration of the franchise , pursuant to this franchise . 21 . Grantee shall construct its cable system using materials of good and durable quality and all work involved in construction, installation, maintenance , and repair of the cable system shall be performed in a safe , thorough and reliable manner . 22 . Local Office . The Grantee shall maintain an office in Tompkins County, New York , which shall be open during all usual business hours , having a listed telephone , and be so operated that complaints and requests for repairs or adjustments may be received at any time when any television signals are being broadcast . The Grantee shall respond to all service calls within 24 hours and correct malfunctions as promptly as possible . For that purpose the Grantee shall maintain a competent staff of employees sufficient to provide adequate and prompt service to its subscribers . The Grantee shall keep a record of all complaints from subscribers identifying the subscriber , his address , date of complaint , nature of complaint , and disposition of complaint . A major system failure shall be considered to exist when there is a simultaneous interruption in service to more than SO subscribers . In the event of a major system failure, the Grantee shall respond to notification of such failure within one (1) hour and restore service as promptly as possible . All complaints not resolved by the Grantee within one (1) week after receipt shall be forwarded to the Grantor for review . The Mayor of the City of Ithaca or his designees or designated committee has primary responsi- bility for the continuing administration of the franchise and imple- mentation of complaint procedures . Notice of the procedures for reporting and resolving complaints :ill be given to each subscriber .. at the time of initial subscription to the cable system and at intervals hereafter of not more than one year . Such notice may be written or by such other means as the New York State Commission on Cable Television may approve upon application by Grantee . 23. Grantee shall not abandon any service or portion thereof with- out the written consent of the City. 24 . Any City or private property damaged or destroyed shall be promptly repaired or replaced by Grantee and restored to serviceable gnu condition. - 2S . Grantee shall not refuse to hire or employ , nor bar or di.schaygle from employment , nor discriminate against any person in compensation or in terms , conditions , or privileges of employment because of age , race , creed, color , national origin., sex, �exu al preference, marital status or disability. 26 . The City reserves the right to adopt , in addition to the pro- visions contained in the franchise and existing applicable ordinances , such additional regulations as it shall find necessary in the exer- cise of its police power; provided , however , that such regulations are reasonable and not materially in conflict, with the privileges granted in the franchise . 27 . The City reserves the right to inspect all pertinent books , records , maps , plans , financial statements and other like material , of the franchise , upon reasonable notice and during normal business hours . 28 . This franchise is in compliance with the franchise standards of the New York State Commission on Cable Television and the provisions hereof are subject to the approval of said Commission. 29 . a) Within thirty days of the receipt of final operatin authority , Grantee shall post security with the City in the amount of 15 , 000 in the form of a letter of credit or such undertaking as may be acceptable in form to the City Attorney. b) Said security shall be forfeited to the extent specified by the City Council if the Grantee fails to comply with any applicable construction schedule, or if the Grantee commits a material breach of any of the terms and conditions herein prescribed. As an alternative , the City Council may unilaterally shorten or decrease the term of this franchise if it shall find that the Grantee has materially breached any of the terms of this franchise agreement . c) The Grantee shall be entitled to notice and hearing before the City Council prior to any forfeiture or decrease in the term of this franchise . d) No forfeiture shall be imposed for failures beyond the reasonable control of the Grantee . e) In the event of forfeiture of part of all the initial security, the Grantee shall within thirty days thereafter post additional security so that the total amount of security posted equals $ S ,000 . 30 . Grantee shall file requests for all necessary operating authori- zation with the City of Ithaca, Commission on Cable Television, and the Federal Communications Commission within 60 days from the date this amendment is granted. 31 . Public Access a) American Television and Communications Corporation Shall provide one full separate single channel. for public access programming on a demand basis , and otherwise comply with the pertinent New York State Commission on Cable Television, rules and regulations . b) This single channel shall be designated as Channel 13 in the basic service group. c) Access to the separate channel shall be provided on a f_irst- come , first-served basis within the following Priorities : 1) Local live programming access 2) Public access 3) Education access 4) Government access d) Users of the Public Access channel shall reserve their time at least one and no more than four weeks in advance of their desired broadcast time ; this provision may be waived in a particular case by American Television and Communications Corporation in its sole discretion. e) Studio time shall be provided at a 'cost not to exceed the actual cost of operating the studio . f) The administration of public access broadcasting shall remain with the American Television and Communications Corporation. g) The City Viable Commission shall act as the Common Council agent in resolving disputes between the American Television and Commiunications Corporation and public access users in the City of Ithaca. h) Video tapes to be shown on the public access channel shall be delivered to the studio at least two working days in advance of - airing . i) Public access studios shall be maintained at the company' s headquarters on West State Street and will include television cameras , recording and playback equipment , switching equipment and an editing capability. In addition ATC shall. make available two separate porta-pak facilities for use by access users . Instruction on the use of the equipment shall be provided by the company. ... _10- j) The Tompkins County Public Library shall. be wired for public -. access transmission. k) In addition to any requirements imposed above regarding public access , ATC shall respond positively to reasonable demands of the community for public access , facilities , equipment and cable drops . 1) All access broadcasts shall conform to all applicable Federal Communications Commission a»d State Cable regulations . •• m) American Community Cablevision will maintain a record. of the use of the designated television channel (s) ; such record to be available locally for public inspection and retained for a. minimum period of two years . n) American Community Cablevision will prohibit the public access channel from being used for the promotion or sale of commercial. products or services , including advertising by or on behalf of candi- dates for public office unless specii: ically permitted by the public access rules of the New York State Commission on Cable Television. o) The franchises shall provide notice to each subscriber, at intervals of not more than one year , as to the availability of the television channel and production equipment and the address and telephone number of the person responsible for the operation of: the access channel (s) . p) Except as superseded by the terms and provisions of this franchise agreement , the Public Access rules of the New York State Commission on Cable Television are adopted by reference. 32 . By execution hereof the parties hereof modify and amend the prior franchise heretofore given by the City to the Grantee. 33 . The Grantee shall also be required to submit its annual finan- cial statements , Uniform Cable Commission financial reports , and State and Federal income tax returns and any other reasonable financial information requested, to the Common Council annually as soon thereafter as they may be available . The City may request advice and analysis with regard to said financial documents , etc. , from - the State Cable Commission and outside accountants if it deems necessary. Any request by Grantee for any change in the rates and changes set forth herein shall be subject to the following procedure : a) Grantee shall commence the procedure by filing with the Common Council a formal written petition for the changes requested. This petition shall be accompanied by supporting information as follows : (1) all independently audited financial statements , uniform Cable Commission financial reports and State and Federal income tax returns of the Grantee for both current and each of the years pl*ecedinf; the request and dating back to the Fear of the previous change in rates ; -14 .. (ii) A statement of the capi.':al assets , operations , revenues and services devoted and pertinent to all cable tele- vision operations within the City of Ithaca alone, and (iii) such additional information as the Grantee may deem relevant in support of its request. b) Upon receipt of such petit:i on the Common Council or its •. designee shall with reasonable promptness review the same and may request in writing of Grantee such additional information, explana- tion or clarification as may be reasonably necessary for determina- :w tion of the petition. Once such additional information is furnished, the petition shall be deemed complete . c) The Common Council shall schedule a public hearing and act upon a complete petition within 90 clays of the date when the petition is deemed complete . This 90•-day period may be extended upon written agreement of both parties . The Common. Council may •. consider but in no way is bound by: the advice and analyses of the New York State Commission on Cable Television and any independent accounting firm of its choice ; the status of: rates and charges for comparable service in other cable television systems in similar communities in the State of New York ; the overall performance of the Grantee' s entire city operation including all cable services which are other than basic service ; and any other useful method of rate analysis for public services . 34 . The value of this franchise at the end of the term shall be �- zero. 35 . In the event the Grantor annexes additional land areas in the future , then all of the conditions of this franchise shall apply to the annexed area. In the event that the new land area so annexed is not wired by the Grantee for the services set forth herein, then a construction schedule shall be negotiated between the Grantor and the Grantee within one year , or the City may, at its option, impose any of the penalty provisions contained herein as if the Grantee had materially breached any term or provision of this franchise agreement . In any event the Grantee shall extend its facilities to any area containing a minimum of 3S homes per lineal mile . ._ 36. . The franchise will supply a statement of the capital assets devoted to the cable operation in the City of Ithaca. The pro- visions of this paragraph shall be invoked only in the event of a rate change request by the franchisee. 37 . ATC agrees to supply a written statement to each new customer prior to commencing installation for service to such new customer and to all existing customers prior to the effective date of any rate change and at least once per year. This statement shall contain the following : (1) Statement of rates pertaining to the customer, including hook-up and all other charges that might be made; (2) concise statement of procedures for notifying ATC of difficulties with service , the ATC "trouble" phone number , hours of availability of service , customer rights to service , and complaint procedures , both within ATC and those available through the City of Ithaca . .. -12- . . 38. Bills will always be paid to the local office or other desig- nated locations in Ithaca and billing and other records of local subscribers will be maintained at that office . The system staff will include people whose primary function is to respond to billing and service problems . The resident Ithaca general manager will have complete authority to resolve all complaints concerning billing and service. 39 . Not later than ninety (90) days after the close of the Grantee' s fiscal year , ATC shall make a writ.-ton and oral report to the City Cable Television Commission. This report is to be presented in an open public meeting and shall consist of a statement of the financial status of the Ithaca area cable television system, a. review of line extension work completed , a summary of: complaints lodged against ATC, and such other information as may reasonably be required by the City. ftw r r -13- • . lr IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. CITY OF ITHACA S/by: Edward J.' Conley Mayor AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION r S/by: Joseph J . Collins Vice President CONTRACT AS MODIFIED: DATED: *March 27 . 1984 CITY OF ITHACA •• S/by : _ Acting Mayor AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION S _ S/by: afi"," Vice resident Before the i FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In re Petition of ) m CITY OF ITHACA, NEW YORK ) I ) For relief under Section 76. 33(a) (2) ) CSR No. i of the Commission's rules pertaining to ) conditions under which the rates for ) basic cable service may be regulated ) i i AFFIDAVIT OF H. MATTHYS VAN CORT i COUNTY OF TOMPKINS ) ss : STATE OF NEW YORK ) H. MATTHYS VAN CORT, being duly sworn, upon oath i hereby affirms and attests as follows : i 1 . My name is H. Matthys Van Cort. I reside at 102 Irving Place, Ithaca, New York. I am Director of the i Department of Planning and Development for the City of Ithaca, New York, and have held that position for 12 years . I was hired by the City of Ithaca in 1973 as Director of Planning. My position was expanded in 1975 to include the development function. I received an MS �i (Planning) degree from Pratt Institute in 1971 . I have i been a resident of this community for 14 years. 2 . As Director of Planning and Development, I regularly review data concerning development of housing and industrial areas in the City of Ithaca. I am therefore j familiar with the land use, population distribution and geographic characteristics within the City of Ithaca. i Common Council designated me to handle cable television i matters for the City in September 1985 . i 3. Ithaca is located at the southern end of Cayuga Lake. The area surrounding Ithaca has extremely hilly terrain, and there are several high waterfalls in and nearby the city. Ithaca itself lies at the southern end of Cayuga Lake with most residents in the center of the city located only a few feet above lake level. The lake is typical of other deep (maximum depth roughly 450' ) , ■- I glacially carved, V-form lakes in Central New York State. It is long and narrow (roughly 40 miles long by 1 to 1 1/2 miles wide, running north/south) with very high steep _. sides, rising from several hundred to over 1,000 feet above water level. The City of Ithaca was built in the delta at i the foot of the lake and on the hills which rise up from it. The elevation in the center of the city is about 390 i i i t .. I i i � I -2- r.. feet; the hills to the west, east and south rise to 1450, 1500, and 1400 feet elevation respectively. 4. I own a television set, and I am unable to receive television signals without the aid of cable television. I know that poor reception in the city is a �- matter of common knowledge. 5. Because signal reception is so poor, the City believes rate regulation is essential to protection of consumers in Ithaca. Therefore the City of Ithaca decided to file a petition asking the FCC to permit Ithaca to reassert its authority to regulate rates. The City of Ithaca began investigating the steps it would need to take to reassert its authority over rates in mid 1986. The city had numerous discussions with its consultants, Rice I Associates, to discuss the requirements established by the Commission's regulations affecting local authority over basic service rates . Based on those discussions, the city hired Rice Associates in March 1987 to investigate the feasibility of filing a petition for relief at the FCC and to have a signal survey conducted in accordance with applicable FCC regulations. The signal survey was ■- conducted by Silliman and Silliman, Consulting Engineers, and was completed in June, 1987 . i 6. I am familiar with an affidavit from Don Williams of Rice Associates. I provided 1980 Census Data to Mr. Williams . As I understand it, based on the information supplied by my office, Mr. Williams has calculated the percentage of the population which can receive television signals by comparing the population in census tracts by block, with the grid blocks shown on •.. j Figure 2-A of the engineering report prepared by Silliman and Silliman. 7 . After reviewing the Census Data and the relevant maps, I have concluded that the data relied upon by Mr. Williams accurately portrays existing city limits and reasonably reflects the current population dispersion within Ithaca. 8. I am familiar with the Silliman and Silliman engineering report which indicates that the only test points within the city which received three television signals are test points 1, 2, and 7 . There are no residential areas anywhere near test point 2, which is located in a parking lot near the edge of Cayuga Lake in i the city's Cass Park. The closest house is approximately 3,000' away, and the closest non-residential development is the Robert H. Treman State Marine Park comfort station approximately 1,000' away from the test point. The city's Cass Park and the adjoining State Marine Park are not wired j i i i -3- I i for cable. Both points 1 and 7 are located on the steep hills on the far western border of the city. 1 9 . Mr. Williams was required to use block level data. Based on my knowledge of demographics, Mr. Williams ' affidavit, and the Silliman and Silliman engineering report, it is my professional opinion that this methodology, while correct and appropriate, would tend to overstate the number of residents who can possibly receive three unduplicated over-the-air signals. This is true since the aggregations used in Mr. Williams' methodology i required that houses be included in the area counted as served, which were in fact closer to test points not served by three unduplicated signals. FURTHER AFFIANT SAYETH NOT i i H. Matthys an Cort Subscribed and sworn before me this 11th day of September 1987 . My Com- mission expires on March 31, 1989 . I r iI�-tet Marie F. Corina Notary MANE F OOOW" Nowy Fwft suit of Now -- I ��M" I i i AFFIDAVIT OF DONALD COLEY WILLIAMS SS: DISTRICT OF COLUMBIA ;,, DONALD COLEY WILLIAMS, Ph.D. , being duly sworn, upon oath hereby affirms and attests as follows: 1. My name is Donald Coley Williams. I reside at 8409 Cunningham Drive, Berwyn Heights, Maryland, 20740. I am Research Director for Rice Associates, a Washington, D.C. based firm which provides assistance to local franchising authorities in all aspects of the cable communications franchising process. Rice Associates has been retained by Ithaca to serve as consultant in connection with the filing of a petition for relief from the provisions of 47 C.F.R. § 76.33 . 2 . I have been with the firm of Rice Associates for four years, and during that time have conducted research for a number No of Rice Associates studies, including market studies for Charlotte, North Carolina; Wilmington, Delaware; Santa Monica, California; Burlington, Vermont; Altoona, Pennsylvania; and Wellesley, Massachusetts (among others) . As part of this work, I devised and analyzed survey instruments designed to determine cable-related needs and interests for each community. Prior to joining Rice Associates I was an Assistant Professor of Sociology at William and Mary College, Williamsburg, Virginia. I have a Ph.D. in Sociology from the University of Massachusetts at 2 - w Amherst and a Master of Arts degree, with honors, from the University of Wisconsin at Madison. 3 . I am familiar with the engineering report prepared on behalf of the City of Ithaca by Silliman and Silliman, Consulting `• Engineers. Working from Figure 2-A in that report, I attempted to determine the percentage of the population within the City which can possibly receive three (3) unduplicated Grade B television signals. I plotted the test points from the Silliman and Silliman report, Figure 2-A, on a map based on 1980 U.S. •.• Census Bureau information and prepared by the New York State Department of Transportation. (This map is the 1980 Census Map Urban Area Enlargement, 1:9600 planimetric series, FIPS State/County Codes 36/109 36109-1980, Census District Office #2116, 1980 Census Map Inventory Number 9856-3 Ithaca, Tompkins County, New York. ) 4 . I then identified the census blocks within which residents could possibly receive three (3) unduplicated broadcast signals. I did this by defining the boundaries of the widest area within which three (3) unduplicated signals might possibly be received, working from the results of the Silliman and Silliman Report. The northern and western boundaries of the area are the City of Ithaca city limits nearest test points 1, 2 and 7, all of which receive three signals. The eastern boundary is Highway 89. There are no test points in populated areas to the east of Highway 89 which receive three (3) unduplicated signals. The southern boundary is Cliff Park Brook, which runs close to 3 - and between test points 13 and 14, neither of which receive three signals. The Cliff Park Brook was chosen since it is the best available boundary defining the southernmost portion of the area in which three (3) signals can possibly be received. No roads go �- across east to west in .this area, due to the low density of the population and the steep slope of the land. A copy of the relevant portions of the census map I relied upon, marked to show the test points and boundaries indicated above, is attached as Figure 3 . 5. Using this map and the 1980 Census data attached as Figure 2 , I identified the respective population of each block within the above boundaries. The blocks and the population of each block within the boundaries are listed and totaled in Figure 1. The total population within the boundaries is 955. This is approximately three percent (3. 32%) of the total population in the City of Ithaca. 6. This count may overstate the number of people who can possibly receive three (3) unduplicated signals. As can be seen on Figure 3, this count includes people living on the hill below test points one and seven, including, e.g. , those living in a substantial portion of Block 311. In addition, I included Block •- 318 in which 21 people reside and which is closer to test point 14 (see Silliman and Silliman Figure 2-A) , which receives only one measured Grade B signal. Another possible overstatement of 4 This block is not only close to test point 14 but is divided by the Cliff Park Brook so that a substantial portion of the block .. is south of the Cliff Park Brook boundary. Finally, a heavily populated portion of Block 323 is south of the Cliff Park Brook boundary and close to test point 13 , which did not receive three (3) unduplicated Grade B signals. FURTHER AFFIANT SAYETH NOT. ■. Don Williams, Ph.D. Subscribed and sworn before me this 1 S�day of September, 1987 . My Commission expires 1 , Notlary Vublic .. FIGURE 1 POPULATION COUNT CHART CENSUS DATA Total �- Blocks P1-Population 306 14 305 6 304 9 303 14 310 42 309 41 308 49 307 24 141 Nonresidential 142 Nonresidential 302 0 313 24 316 0 315 18 314 74 312 24 311 86 301 0 143 Nonresidential 319 14 318 21 323 370 324 113 325 0 326 12 TOTAL POPULATION IN THE AREA 955 POSSIBLY RECEIVING THREE (3) UNDUPLICATED TELEVISION SIGNALS ITHACA CITY TOTAL POPULATION 28, 732 1980 CENSUS PERCENT OF POPULATION POSSIBLY 3.32% RECEIVING THREE (3) UNDUPLICATED TELEVISION SIGN:yLS Source: 1980 Census Population, Prepared by the Center for Social Analysis - SUNY Binghamton, 1982 I 1 1 1 1 I I 1 I 1 I i I 1 1 1 1 1 1 RR/V•Q �tN),o ✓ PUOUAL- 14Uw •wU .uv)�w� OLUL.. U. 112th w�wu.�. w�. t.. .••t c• . MG MT ... FO:ETHCESOUTHER14 TmtIEAE(Aaiuit MA�t%Amid k OEVEL ENTte0i�0 0 Figure 2 -------------------------------------- COUNTr.101 AREAMAR H ITHACA CITY M .JC• VARIeIR •l .t ►) ♦4 VS r• ►1 * 490 v plo Pit pt2 •l13 •14 •ls 2jz1 s o X5: ► jo �°iI ; • ° ii30 to 9 1 i i i ♦4 6: iJ1 11 1Zti1 14it 1620 ees s ' 2 L 51 ;4 5 : ♦ Y = t:4 i0 :° e32 49 z4 z 1;1 117:.4 1 1S: is, b 1 1 90 is lis z it se •e 4 0 0 0 ttt t ♦s ii i f i i8 ) �ioS0 S t1 le 1 s tot z S• 2♦ is:8 lz l0 102 1 sz1llt0 2I `) ` 2s ;1 ' o 8 -43: I.:ACC AMERICAN COMMUNITY CABLEVISION r.. '- January 26, 1987 RECEIVFp JAN 2 8 1987 PLANNING & Mr . Daniel Hoffman Chair, Budget and Administration Committee City of Ithaca 108 E. Green St . �- Ithaca, N.Y. 14850 Dear Dan: On a recent Cable 13 program ( "More Than The News" ) David Lytel mentioned that a proposal was heiriq prepared for your committee that would allocate additional funds for Rice Associates, the City ' s cable television consultant , to evaluate the number of broadcast television signals available directly off--air within the City of Ithaca . The reason given by David for conducting this evaluation was to determine whether or not Itliaca has been properly classified as a competitive market under current Federal Communication Commission rules . This classification is important because the Cable Act of 1984 states--that municipalities may not regulate cable television rates in a competitive market . It is my hope that this letter will heli the Cit)f and ACC move more quickly toward a new franchise by eliminating an unnecessary step, as well as save the City a small sum of mondy. Itliaca is clearly a competitive television market . A market place is considered competitive if it passes one or both of two FCC requirements . The first test is signicant viewership of a channel . If a cliannel 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 competitve 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, therefore, placing irs in a competitve market . ^.r,rel 11h.ir•a. New Ymk I V11,11 607-117.345ri The second FCC test relates to the signal strength predicted for the grade B contour that individual broadcast stations file with 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 contour of 9 broadcast stations . I ' ve included maps showing the grade B contour for 6 area .. stations (these were the only maps readily available as I wrote this letter ) . The grade B contour is indicated by the second line surrounding the point of origination on the map. The City of Ithaca is a competitive marketplace under this test . The city is well within its rights to ask for a waiver declaring Ithaca a non-competitive marketplace, but that waiver can be granted only if broadcast signals cannot be received off-air within the City of Ithaca . According to tests conducted by our staff on January 22, 1987, a total of nine broadcast signals, including three signals from each of the major networks, are available off-air in Ithaca . A summary of our test results are enclosed . 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 . 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 . ` You should also be aware that these FCC rules are currently being tested in court . Arguments were heard last week in a Federal Court that could eliminate these rules and leave us without definition of a competitive marketplace . A decision is expected in 4-6 weeks . I will keep you informed of the outcome of this case . low ow .. Again, my purpose in sending this letter is to expedite the refranchising process . I will be out of town from January 26 to February 3 , but my staff can reach me should you have any questions about this . Sincerely, ® eorgia Grifith General Manager ... DICTATED BUT NOT READ enc. cc: Mayor John Gutenberger Common Council Cable Commission Matthys Van Cort 1 4 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 P1 . & 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 w um 1 � New York—Elmira ,�,re�,.n ; . I r • i O N T A R 1 0swe WENY-TV K E.,t.., erutt9on « Albion %d' diKes�t N t Ch. 36 ]gilt 0 —mrd.ns 00 pf1 Me•"t 87 dr.in%. Ito P+ sSt Rotnt© EUII ---7 a 1 IVat New>.k s��+ ° �Clne'do He11im( Network Service:ABC. oar Set ° 0 x �.,+�f1Glr4,n 01i(o M.n•tllt0 �� /. J Ucensee:WENY Inc.,Box 208,Elmira,NY 14902. OU-01 IuIO Bnlorl� -It ar ,�t;t" �Au6urn Syfoc". RTai�si " YnZZStudio:596 Old Ithaca Rd.,Horseheads,NY 14845. tt Telephone:607-739-3636. f! E.Itlna�� DansoDe so or..-ws Cortland ofam coal- a Qneon Technical Facilities: Channel No. 36 (602-608 MIIZ). Authorized aura... sl ra xMn.r- p of u"'° Norwich eau. power: 464-kw max. 8 427-kw horizontal visual, 92.7-kw max 8 uauu,: ri th �` �,Ky forn II M.n h,el 1, has 85.4-kw horizontal aural.Antenna: 1050 fl. above ay. terrain,840- SalaelanCa wen0 Ih*•,",f�oS ty �„zw o m o r ElmirD o-1 gBinghomton ft.above ground,2546-ft.above sea Levet. 0 can ^^9° 'AN"i--s t o Latitude 42' 06' 20" — —1 - - ' "— v, (� epllfa Ii(K V e° � Sall Longitude 76* 52' 17" 8,0 old GRADE A 6-010.0ro-o Transmitter:Hawley Hill,approx.3-mi.WNW of Elmira. "°KA�e C°d.., p«r °wt --d, o„dote I' AM Affiliate:WENY, 1-kw, 1230 kHz. GRADE 8 o o'o , M n. St, utiw, �ironesd,Ie\ 'l. Mary, tecoalae kronton M FAffiliate:WLEZ,750 watts,92.7 MHz(No.224),560-It. o u c..,r.o" ck-o 01% e News Service:AP. �"f r Williennport ��sds� Wi es-Ba�[re w lt,sey Shore p c,. �� r " M1if' o Nonticol,eo .W"WX b Ownership: Donald M Simmons 8 Howard L. Green, 50% each. ;So Cleor6eld colas �aYtnO �l eemic►o L.1� Stroudsbu�E, t They also own WOND(AM), Pleasantville. NJ 8 WMGM(FM), o j �a tom- o Atlantic City,NJ 6 25%each of WMGM-TV,Wildwood,NJ. lr 5 Y o L V u"'0"A N" ko A ` el �\taaeoa . Bttltlonl G'ri �t L°^O ©cgnnOperntlon Nov. 19, 1969. ''"„�r Lo�lro^b w"S�,Ib rysh,,sk,n mta,na,v o"�E"", Represented(legal):Cordon 8 Jacob. Ju..... ulpnnt� n, ; �nwn POIIS,ill, SCALE OF MILES """""" Allentown Belhlektm Irl. Represented(engineering):Lohnes 8 Culver. 0 50 I00 :� ebonon Em,;au o oo�akvlo Personnel: rg ��� Pon+row^ ilea I IO4VAl lU I-.(il if I.N,executive vice Itl r.sidet'1 wr«t.tv Isktl•r.1'-cost r:,-„l.d Rrztlray 09 Am-i—rt-p Earp.,Mt% I'A I I LICK M I'Anl;;l I,gcncrnl ntam!Icr. LEWIS G. HOULYEn,Slatiorl manager. ELLEN PAINT En.produclion director. Het weekly stare Total TV Hounehotdo CONf?AD SCIiWFN7Fn,Chief ersrlineer ChculnUon County Households Households % Highest 30 Sec.Rate(t)e(,. 1, 1983):S 175. Between 25.49°/. liopa 17,800 11,500 48 NETWORK BASE HOURLY RATE:S 175. Tompkins 31,800 30,300 95 PENNSYLVANIA T,•1..1 n,•,-I-10, ,a %"I C.".--, kt.,kel na. .. n( vv94 iv li-, . IV7, -.I Bradford 22.700 22,200 98 Circulation Cc) 1994 /ukirron County c-erare hand nn Arhlr„n muly. _ _ — '�" NFW YORK Net weekly State rout TV Householde Between 5-24% Allegany 17,600 17,100 97 Cliculatlon County Households Households x Broome 78,800 77,600 98 Yates 8,400 8,200 98 tr... NEW YORK PENNSYLVANIA 50% b Over Chemung 35,100 34.300 99 Sleuben 36,500 35,600 98 Cameron 2.300 2,600 100 f'oucr 6.300 6,100 97 PENNSYLVANIA t Tioga 14,100 13,600 96 Station Totals ` 278,000 271,200 97 Net Weekly Circula=tion (1984) 96,600 NEW YORK Average Daily Cirarlation (1984) 45,500 Between 25-49% Schuyler 6,300 6,100 97 tr. 644 '1'V /C- (;able Fttr•Lhnuk No. t r s New York-Syracuse 5,61,0t o ^'M \ tsu�. pdensburp Soro^oc pne,P joke " � °GOv� 1u99er laE I W I XT Kingston a„t.,o" •,•.rcM Ch. 9 ©Ylotetlown ..t. Network Service:ABC. n+�^ w• tl tt+ ' - Ucensee:WIXT-TV Inc.,Box 9,Syracuse,NY 13214. e G Studio:Box 9,Shoppingtown,Syracuse,NY 13214. ,,too 0,4%1* e Telephone:315-446-4780.TWX:710-541-0565. j E'' R •"c9° GRADE A Nto.et,.yt. Technical Facilities: Channel No. 9 (186-192 MHz). Authorized !` S�e� 'lotion 1i yea0/�® K,r;m+ G 0 ono too power: 79.6-kw visual, 1 1.8-kw aural. Antenna: Directional, 1520- ��° ti� c,�°'• ,ns++ttto o �C�/'1 w Ba ti V It.o � A rc'.rt" t evebove ay. terrain, 964-fl. above ground, 2549•ft above sea job ��``� po, 'Ntw•+� c'4�\Sot.a°yO(atOCUSE ti ��1I " Ih Latitude 42' S6' 42" .."`+,"0000"+•jnO X00 CoA°but°�wO-!- ` Z Q ,n[ rl en o iillj�j GRADE B r 1.. longitude 76' 01' 28" to^�rnr 01101 St -G. Ind dneo Sion l� tt• CO o / Transmitter.Atop Mt.Sevier,Pompey,Onondaga County. 1►i ,.tt+ to cO�;,o "'t.ie, °L� C Pe ut +" News Services:AP,UPI,ABC. D>,"So „et. .'®n stontt' Satellite Earth Station:Prodelin,5-meter;Microdyne receivers w" o"t^ tDn r� Ownership:Ackerley Communications Inc. Harry A. Ackerley•pres., ilornetl 'M;';m,°,E11ni°zi ° .,"�Vingh"ma� ,�•«•� 0 9H 98.2%; Lewis B. Blakeny Jr., Secy.-Yeas.; first Chicago Invest wenSoll° Co,n�nSr'°t Key"�'r �o�rnr, • r n�'rottr�;I+:o ment Corp., 1.8%. Ackerley also owns KKTV, Colorado Springs, eon w�m� "S'I't wSa "•r"" w.r"t alts EotAont't� CO&KGET(TV),Bakersfield,CA. 1 jjpO" DO"oroso 0 WOO Middlclo `r pill �1 Began Operation:Sept. 9. 1962 as joint operation by ten applicants d ow.11+bpi0 I°.o^do .no,,"6 ®�Nmisasle`� t for the channel. Assignment of CP granted by FCC In a nunler of �° l.•..r^'' klonton,�D„ a ^r.� five applicants, May 24, 1968. lransfer of coottol from other SCALE OF MILES .•" t applicants to Outlet Co approved by FCC July 19, 1977 °ttto�/` �.. (Television Digest,Vol. 11:20: 12:30) Sale to Coca Cola Bottling i `0 100 -clkeottwt DurR. A IPd c ' ttttl3rn- St`Ciut NOt:F1U Co., Larry H. Israel, et al., approved by FCC Nov. 15, 1977 (Vol. "XI 11141114.1 6915(4°nted IOIR/M (1)Ameriesn Map Crwp.,14214 17:24, 36; 18:2). Sale to present owners approved April 16, 1982 (Vol.22:7). Net Weekly State Total TV Households a.. Represented(sales):Katz Television. circulation county Households Households x Represented(legal):Rubin,Winston&Uiercks 50% & Over Oswego 39,600 39,000 98 Represented(engineering):Jules Cohen Associates. Seneca 11,700 11,600 99 7orltpkirts 31,800 30,300 95 Personnel: Yates 8,400 8,200 98 STEPHEN KRONOUEST,general manager. DAVID KRAUSE,national sales manager. NEW YORK CHARLES F.MULVEY,chief engineer. Between 25-49% Delaware 16,800 16,200 96 PFFiNAnD J.AIFLLO,operations manager. Franklin 15,700 15,300 97 las' ANDY f1RIGl IAM,clews director. Jefferson 31.600 31,100 98 Highest 30 Sec.Rate(July 1983):$770 Lewis 8,600 8,400 98 Oneida East 58,100 57,200 98 NETWORK BASE HOURLY RATE:$925. Ontario 32,200 31,700 98 kw Station also received In Canadian markets. Otsego 21,200 20.600 97 BEIM Weekly Reach(Spring 1984): 70;000 St Lawrence 37,100 36.400 98 Schuyler 6,300 6,100 97 Wayne 30,500 30,000 98 Tnul Il,wvhnld.: n SISI Comumrr Mnrkrt Il°t■ °.n! 1/1/04 lv Ilomrr lv� un1 -__- __ a- 6rculstion @ 1904 Artntrnn Crmnty cover°Re hs�d m Artdtmn .turfy NEW YORK between 5-24% [foams 78,800 77,600 98 Nat w-kly S1.1. 1.1.1 lv nnn°.nnld° Chnnuutp, 35.100 34,300 98 cueulallon courtly Iloussholds lluuttehohle Ihntiltrnl 1.900 1'IM0 95 k.. Iferkimer 24,000 23,600 98 NEW YORK en 36,500 35,600 98 50% & Over Cayuga 28.000 27.400 98 1iop'A177,800 17,500 98 Chenar+go 17,800 17.400 98 l raga Cortland 11,100 16.800 98 Station Totals 830,200 814,500 98 �- Madison 21,700 21.300 98 Net Weekly Circulation (1984) 429,000 Oneida West 30.900 30.400 98 Average Daily Circulation (1984) 238,800 Onondaga 171.000 168.700 99 t.. tt.. r..r 664 1'V -t; Cable Factbook No. 53 t New Yor{c-Syracuse U J°e^'6�,0. Kingston + Belleville ,t ` •/ttrrsesow Tupper lak ° Trenton- WSTM-TV cabuurg tt-S �, wsut+or own :t..a..a Ch. 3 die • ' (Also operates satellite WETM-TV, Elmira, NY) 0 N A ) ) O oarrro cAaoE B Network Service:Nit(;. ,weq Licensee:WSTM-TV Inc., 1030.1aines Sl.,Syracuse. 1� �� eT erlullat cn[loi °M1 O" .s ,v tst t/" Studio: 1030 James St.,Syracuse,NY 13203. Albion j _-,%+S 0 �S""' tu..in:.ue° 1`18 Se R +�'O"' I to 7w)--xo atport New ►� \�t ° One'do Glovers Telephone:315-474-5000.TWX:710-541-0428. ,,,,,,,rtaO [ o \� ,ta o t+tr mpf m [ if,t t.ero cso �Sohr of 11(0 °o o Q1nhn Technical Facilities: Channel No. 3 (60-66 MHz). Authorized otovro �7;n n. ,� S` eAubu.tl� rocUS! Ilion Arnsleld � power: 100-kw visual, 20-kw ,lura! Antenna 1000-J1. above ay. s .ra.Td, �a evo 0-0-W. terrain, 594-ti.above ground, 2037-11 above sea level use tc. usuu oT �'oo Dansolte Penn an °Cort d Al Latitude 42' 56' 40" soon[. - o- cont sc,.o...rn ., Longitude 76* 07' 08 `""� scuuou "®Ithaca 0 Norwich ° Bath cwr...Kc Otu.u[ o Transmitter:Sentinel Heights. ° ° rellsrille Hornell trervnr sou Johns Adney C. News Services:AP,UPI. [ tl Carningorits o a O.rte C'ty o.0 �ur.•rt�°w[r'-r.u�,ro .Lr Inghamton utr+[, Ownership: Times Mirror Co. For other Interests, see Group -- _ I _ oc Ownership of TV Stations. o[Tu sloe+ o KingsteSayre ori � :t.t.,r, aa.o.oao ausvu[rat», t,b.,rro oughke Began Operation: Feb. t5, 1950 Sale to present owner by ; °w.11,1- ° ole tlen+itleo t Newhouse I3cslg. Corp. approved by FCC March 27, 1980 ro endo rbo,d Mi okt000ceuo (Television Digest,Vol. 18 50, 19:19). rir ° ° ° A dvr`rO+ ,« [.cno sua^"`r' SErunton Ilontsdalt ( 49 Represented(sales):Harrington,Righter R Parsons Inc. tt°.ro,. oto .Ooo;nmo e" n.t •{ we Williamsport ,m+o [KMI �KCCo`I Je v.s Represented(legal):Wilmer,Culler&Pickering. l`ct h,erscy Shoe �a,�\r Nano. I SCALE OF MILES Represented(engineering):by I otines K Culver, r'^'•+`tea tk,0 50 100 Personnel: •MA 11-,T\]-= t ---- JOI IN J McCRORY,presidenl. wstewiV I1114.1 JI is cr.r,t..l ar t1r1.1 a>A,...r,..°M.r r,.y, t Izu OON EDWARDS,vice president 8 general manager. NORM CISSNA,general sales manager. Het weekly stun Toth TV Ito enolos . Circulation County Households Households X DON EDWARDS,program director. MARNIE DLOUNT-GOWAN,promotion director. 50°% &Over Schuyler 6,300 6,100 97 SIEVE HAMMEL.news director. Seneca 11,700 11,600 99 ROBERT J.PARKHUHST,chiel engineer. Tompkins 31.800 30,300 95 Rates:Not available. Yates' 8,400 8,200 98 Station also received In Canadian markets: NEW TORK BEIM Weekly Reach(Spring 1984):89.000 Between 25.49% Hamilton 1,900 1,800 95 Oneida East 58,100 57,200 98 }e Ontario 32,200 31,700 98 ii Total Househulds: © MSI Consumer Market Dau a of I/I/84 TV Itomes: TV^,t and Wayne 30,500 30,000 98 cnculatron U 1984 Arbrtrun County curaagc bawd on Arbiuun study. NEW YORK Between 5-24% Broome 78.800 77.600 98 Net weekly State Total TV Households Chemung 35,100 34,300 98 Circulation County Households Households % Delaware 16,800 16,200 96 Iterki4her 24,000 23,600 98 NEW YORK Monroe 262.800 259,100 99 50°% & Over Cayuga 28,000 27,400 98 Otscoo 21,200 20.600 97 Chenango 17,800 17,400 98 St Lawrence 37,100 36,400 99 Cortland 17,100 16,800 98 Sleutien 36.500 35,600 98 Jelletson 31.600 31,100 98 1ioga 17,800 17.500 99 1 owls 8,600 8,400 98 Mattison 21,700 21.300 98 Statin[t Totals 1,077,300 1.058,300 98 Oneida West 30,900 30,400 98 Net Weekly Cirudation (1984) 465,100 Onaxtaga 171,000 168.700 99 Average Daily Circulation (1984) 282,500 Oswego 39,600 39,000 98 1 1 1 ' 1985 Edition 665 r ..� uw w. 'New York-Syracuse (f � moths Daris Mo®eno �{on'� 1 pglho ° .,..• lontib •'.+► ot'otsd ' W T V H °Canto++ B,a}<ine 09d.0' Ch. 5 °G,,,e,n<"' et 1.111%, o Spoke Network Service:CBS. O Ston 109 King � ,arrttry°^ Licensee:Meredith Corp.,980 James St. 13203. Studio:980 James St.,Syracuse,NY 13203. eeltevitte ® "` - Y(aletlown Telephone:315-425-5555.TWX:710-541-0443. tte^1O" Technical Facilities: Channel No. 5 (76-82 MHz) Authorized w�'t GRADE e C power: 100-kw visual, 20-kw aural. Antenna: 950-ft. above av • ,,.nw terrain,556-ft.aboveground, 1914-ft.above sea level. w� 1 O LaliltldC 42• 57' 19•• 1` j Su11on GRADE A G10*e,�; Longitude 76' 06' 34" ° ,fir ,e� ne,'m•+ ®cam t. Transmitter: 0.32-miles E and 0.34-miles N of Sentinel Ilciilhls F. -1--•' e •s`� .„< p.�«^�•i0to It "e� 1110 e° p tctd Jim Bull Rds. p1t�'�;'1 °� ,,pM1�Ne«" J4s�Sd<1M�1p(US News Sorvlces:AP,UP1. o� lw"'"", ° �'-'+` ` pubult% nr , r•iie �Pcr O' O P ►.,. Satellite Earth Station: Antenna Technology, 7-meter; Simulsale scat°�o�M-li! ° µ;. o , "d ° ^eon receivers. ,ra<< o tri CO, oh •a'«„c Ownership: Meredith Corp. or other interests, see Chou 1 Uwncr- 1i ot•<' v,.o Ner" P p I N Dan.vd%; c 111wto c,tw ship of TV Stations. �, ° yru•t« ,,• ® Sone) torr Began Operation:Dec. 1, 1948. 41yrJ+•• Bath +oo• 1pf.ntie^"•pO•„ o • e. tpntlon o Ki Represented(sales):mm Sales Inc 'lO,^e11 ""'•` N„oE�mira st p•11 dans Cor n�o� t rxi Fe�cofl • lab<rryot+<",(lu °Represented(legal):Iialey,Bader R Potts. � tru 101000 PO SCALE OF MILES .aa Represented(engineering):A.D.Ring 8 Associates. -1 jwrr„• j pe' ••apiO" Personnel: laid bae Ie.O 1 100 °w<u. SO JOHN H. DCROCI IE,vice president R general manager. Wry" n.r.I.w x C.an„d 7/20/61 k)American Map Corp..142" MICIIAEL COLLINS.general sales manager. ,.. CANDY CAMPBELL•national sales manager.. Net weekly state Toter Tv Households CATHY CREANY,program director. Circulation County Households Households % DALE BOOTH,operations director. JIM HOLLAND,news director. 50% b Over Schuyler 6,300 6.100 97 EDWARD D. LFWIS,director of engineering. Seneca 11,700 11.600 99 DAVE OETJFN,pflimolion director. Tompkins 31,800 30,300 95 HouEH f DIE I Z.business manager. _ Yates 8,400 8.200 98 Hlghest One Hour Rate:$3000. NEW YORK `. Highest 30 Sec.Rate:$1500. Between 25.49% Chemung 35,100 34.300 98 NETWORK BASE HOURLY RATE:$1650. rhellartRe 17.800 17,400 98 1hnlilton 1,900 1,800 95 Jefferson 31,600 31,100 98 Tnral Ilnuvhnld< l7 MSI Cnnwmrr, Markrt nsra as or 1/1/114 1V III-": IV% and Lewis 8,600 8,400 98 Circulation (7 19014 Arhwtr Cr+rmty rmenp, haaed on Arhivon wdy t. Ontario 32,200 31.700 98 Wayne 30,500 30,000 98 Net Weakly Slate Total TV llouaahotda - --- ------- Circulation Couuly Households Households x NEW YORK Between 5-241/. Broome 78,800 77.600 98 r+ NEW YORK Delaware 16,800 16.200 96 50% b Over Cayuga 28,000 27,400 98 Otsego 21.200 20,600 97 Cortland 17,100 16.800 98 Steuben 36,500 35,600 98 Herkimer 24.000 23,600 98 1ioga 17,800 17.500 98 Madison 21,700 21.300 98 Oneida East 58,100 57,200 98 Station Totals 777,400 762,800 98 Oneida West 30,900 30,400 98 Net Weekly Circulation (1984) 465.700 Onondaga 171,000 168.700 99 Average Daily Circulation (1984) 273,700 Oswego 39,600 39,000 98 is r GGG Tv <� Cable Facibook No. 5. aim um New York-Binghamton W B N G-TV R �twt90 ,w,°• „ ra• asot pl of Yflun N sta0m0'© sim t \ter _r Sf' Ch1 Ch. 12 i beS` \cs tarn,+,Rto o00 " OnedoulU(o u�pmstBtAo;� Network Service:CBS. p�t�„oat Nt"ar\y1 +�hSd+alO tpLtllt Q o- li • Licensee: Gateway Communications Inc., Suite 612, Executive ;.° L-10.0 �,.��E"pu °" Q A�b n• ti Bldg.,Cherry Hill,NJ 08002. asan o • ^` �"'�� i. u.° .darlua u" unutr oft on Ot`e yrtt Studio:Box 1200,Binghamton,NY 13902-1200. ,,,tto n r , eta Not+'°h a "" c,u►att Branch offices:Elmira-111-115 N.Main St. 14901;Oneonta-242 ,",.lase >K ®itlw(o C-IL p 5, ty t Main St. 13820. °rt""" tc�^ss nsor��GRADE A acs's" 1- Bath t,ou 1 y s„r+ lon K�nO+ton° Telephone:607-723-7311.TWX:510-252-199 1. o en " ' C Im�to oro 00 %ingh°m� n"' oughkeepf Technical Facilities: Channel No. 12 (204-210 MHz). Authorized Ito`" o- aItrm�"('�sN� , Flo-� 10 dlt �,OrNr r�st'O.l �•� .`t rUlr w• ` t,br E11e0"11 110 power: 166-kw visual, 18-kw aural. Antenna: 1205-ft. above ay. Sar t•�t' t oar/`-r Tterrain, 785-ft.above ground,2546-tt.above sea level. OG„ aa� °•o OonMiddletowr,°,sa GRADE B o of o ® Ne• Latitude 42' 03' 33" t7ellsb o Tov.o °None mat �,o/t Itryrt Longitude 75' 57' 06" ° r, ° on1o� ou ° �°�c` Transmitter.Ingraham Hill Rd. •"o� kt �o t Y 1 p.n.ro 1 .""r. a vAon 2 News Services:UPI,CBS,CNN. `•c ot1 \\+�� o® YO"�0` Ne° poletsa >» c„nro» t1(j`11ottlSp t1 onhcokevatant ,batt-W.@• Ands/ Satellite Earth Station:Channel Master. Shore ®o N Frecia^ St'0"d Ip seY strait\O o 1 �y/ k,.�s• tock Haven, u"- A . Ownerahlp: Bergen Evening Record Corp. Officers: George A .t o � �,,...• \.oX ,•,soa �.;- ,,,,M°„�,.a' Koehler, pres.; H. Lewis Klein, exec. v.p.; Charles A. A(junuan, d cr^`�vw•.o"A _:C; oax11ta�\° Eatton ,,,m• v,p.-treas.;Norbert E. Nelson,secy.Gateway also owns W 1 A.1-IV, Y /�o 0 ok;n tt"b". O Altoona; WLYII-1V, I.ancasler-Lebanon, PA & WOWK IV, Ilunl_ / Bcucs S� Y Sh Polsvtlle wn0 ou'"a n nrt•� ...mnb/^ t�tnlrOniu o o0ua►er1°;+ ington-Charleston,WV. on N,., ^ lopgaotZ. SCALE OF MILES on It,toW tten + Began Operation:Dec. 1, 1949 Sale to resent owners Ir- l ri.n 'Ir b P �"'�B"slot 9 P P 0 50 100,, odin9t�w,as• ton us Pul7lications approved by FCC Scpl 20, 191"2 (Television r -- --- ----, / RF„a/ ,�e\!►NartJ• :•" Digest, Vol. 11:50; 12:39). Previous sale to Trianc le 11 tubi t; w--�- -. ' ° yt•"•• t_k.Atrn_ g I Y wva;-TV Utrl't l 3771 I:rud..l t/217.',A �Amir«-•n Mgr C-p.,14'217' Clark interests approved by FCC May 4, 1955 (Vol 11 1 1, 19) Represented(sales):Blair Television. Net weekly Stale Tout TV Households Crrcur,urun county Households Households % Represented(legal):Wilier 8 Scheiner. SO°b b Over Otsego. 21,200 20,600 97 Represented(engineering):Smith 8 Powstenko. Tioga 17,800 17,500 98 Personnel: PENNSYLVANIA DONALD F.SNYDER,vice president 8 general manager Bradford 22,100 22,200 98 LAMONT PINKER,general sales manager. Sullivan 2,200 2.100 95 RAY McCORMACK,regional sales manager. Susquehanna 13,600 13.300 98 RICHARD A.STEIKA,business manager. Tioga 14,100 13,600 96 MICHAEL A.LaMONICA,chief engineer. JOHN MUCHA,program manager. NEW YORK ROSANNE SALL,local sales manager. Between 25.49% Schuyler 6,300 6,100 97 Highest 30 Sec.Rate:$1200. Steuben 36,500 35,600 98 Tompkins 31,800 30,300 95 T..I llrwsthnld% © At51 consumer Ats,ket nau as of I/l/A4 TV llnmes TV% and PENNSYLVANIA Crrcrdstnm C0 1964 ArMtrtm county coverage haled on Arhrlr,m study wyomirig 9,700 9,500 98 NEW YbRK Between 5 24% Atadlson 21,700 21,300 98 %a- Het Weekly Stat• Total TV Households , Circulation County Household@ Households x Sullivan 25,300 24,500 97 PENNSYLVANIA NEW YORK Weync 1.1,600 13,100 96 50% 6 Over Iletrur/lu 78,800 71.600 911 r- Chenrrrng 35.100 34.300 98 slol'f r lot.11s 402,100 392,000 97 Chenango 17,800 17.400 98 Net Weekly Curulation (1984) 252,200 Cortland 17,100 16.800 98 Average Daily Circulation (1984) 164,700 1 Delaware 16,800 16.200 96 a.. ..r a.. 1985 Eflitioii 637 .. NINO ftw ... i .r .. .o r r New York-Binghamton Oswego .n �mme'o- _% �v���EEt, eFulton ft s6'" •e••10tRadwin%rAleo Y 1e tnitroe swr ,A''^�-TY �..rw.+[°o rPortQNt-arM `aps ° bnedo HerMimr C'��er,'lle. 7 ell li r...�n•o 1 ���t�9 e4'4CoIr�C� Qh(0 QO i n tows kr ` ot na[ a^ �Rreo t oo`�cOO AUbUfe SytIXUSB Iron;'Ams erd0111®�Y Ch. 40 tmec o n yRpsrw fie. roR,rnrra. sra.i�daieuaj enero Network Service:NBC. ts 0V6. - Q orxoo lban uTtrG. Dansrille Cortland r. Licensee:Stainless Brondinnsting Company, 3rd St. & Montgomery Z or a, Neat_VL O o on•on soot me-e Ave.,North Wales,PA 19454. Beth I , ml to '""D r. saalt-[ LA-mM t Studio:Vestal Pkwy.,East Binghamton. Rt Hornell Neneae a. Ttoet Johns Sidne laWi ' rhnuaNN. EI Mailing Address:Box 1626,Binghamton,NY 13902. Cornin90 er. " sr o o,&Binghore Owete City w1o.4 mto GRADE 8 us"a �.. Telephone:607.798-7873.TWX:607-772-0240. - --�- ° °'c Kinasten Technical Facilities: Channel No. 40 (626-632 MHz). Authorized rtou •• o Sayre su,pue.w GRADE"Ar td,wyo� eug(!k!e power: 565-kw max. & 501-kw horizontal visual, 56.5-kw max. & lllenvdleo Ps" „ea.r oweu,bo.o ro ado • ndole oMonticello 50.1-kw horizontal aural. Antenna: 1230-ft.above ay.terrain,930- „;o•, c o A'liddleyo o.w.a ' ,-, ft.above ground,2555-ft.above sea level. , tt�",t Ron0:dalc w^ t.co.rea efll n-t ♦ ® New Latitude 42' 03' 22" t•"o•' ,00"Vot� f)°D.nmo t Will'It7tns rtPat Jervis Longitude 75' 56' 39" o Jersey shore Port yWi es-,B .-»»" ��xt vee►.00, t4 par o N,nlicoke0 ,.o,.-os • res w Transmitter: Ingraham Hill Rd., approx. 4.5-mi. SW of center of r-[ a"o` TRt.,.ic► tFrttlan neottm s.c •�• Binghamton. J n suwdsnurR,w. 0 L Vun AUT Nom:.. °t "« Palerlon ,. Satellite Earth Stations: Scientific-Atlanta, 4.6-meler, Scientific- aRene o,tL �or"--\\,N at t•••c» v^o Ntlwluk , Atlanta receivers. �,».ur, ySh mokin lb'na a aston ale.rst^w Pottsville tr" `ems" Ownership: Henry J. Guzewicz, pres. Stainless Bcstg. Co. also „ » sc»v..R� eelhlehcm��"w i r.. owns WRAK&WKBS FM Williamsport,PA. / - Allentown° ovcR,. ., ( ), p %don �� t'•n,. ebonon timiau o0uakerttnrrl nae Begin Operation: Nov. 1. 1957. Sate to present owner by cn.r,,Horn hulg o d� ��e ins I r.^ Trent C4 �/ f.. 0 0ll /ala+ t{ Binghamton PreS ss (Gannett) approved by FCC Feb. 22, 1971 SCALE OF MILE lo (Television Digest,Vol. 10:31). o so t o0iladelhia ladrc evon ges . us Represented(sales):Katz Television. o P r, 7^.�'' amden of Represented(legal):Dow,Lohnes&Albertson, vACI-TV Rl'CT-O79 C R ted 2/22171 Q American Map Corp.,I" Represented(engineering):Lohnes&Culver. (�. Personnel: Net weekly Slate Total TV Households :j JESSE C.PEVEAR,general manager. Circulation county Households Households x JOHN LEET,sales manager. Between 25.49% Tompkins 31,800 30,300 95 GINO RICCIARDELLI,director of engineering. PENNSYLVANIA .,. Highest 30 Sec.Rate:$350. Bradford 22,700 22,200 98 NETWORK EASE HOURLY RATE:$350. Susquehanna 13,600 13,300 98 NEW YORK Tera? 16•o.cholds n NtSl Consume Atsrkct lyRu R,of 1/1/94 TV m-es: TV% and Between 5-24% ChemunR 35.100 34,300 98 •�- Circulation © 1984 Arhitron County coverage bR.cd on Arbitron study. Cortland 17,100 16,800 98 Schuyler 6,300 6,100 97 Net weekly Stats .Total TV Households Steuhen 36,500 35,600 98 •, Circulation County Households Households % PENNSYLVANIA Sullivan 2.200 2,100 95 NEW YORK Iinpa 14,100 13,600 96 50% Et Over Broome 78,800 77,600 98 Wayne 13,600 13.100 96 Tioga 17,800 17,500 98 Wyoming 9,700 9,500 98 �- NEW YORK Station Totals 355,100 346,200 97 Between 25.49% ChenanRo 17,800 17.400 98 Net Weekly Circulalinn (19114) 147.600 Delaware 16,800 16.200 96 Average Daily Circulation (1984) 75,400 Otsego 21,200 20,600 97 Ia- ai­ i. ... ft- 638 'I'V d: Cable Factbook No. 53 CERTIFICATE OF SERVICE I, Alicia I. Martinez, a legal secretary with the law firm of Spiegel & McDiarmid hereby certify that I have, this 15th day of September, 1987, caused to be served by U.S. mail, first class, postage prepaid, unless otherwise noted, a true and correct copy of the foregoing "Petition for Special Relief"' to the following: * The Honorable Dennis Patrick * Stephen Ross, Esquire Chairman Mass Media Bureau Federal Communications Federal Communications Commission Commission Room 844 Room 242 1919 M Street, N.W. 1919 M Street, N.W. Washington, D.C. 20554 Washington, D.C. 20554 * The Honorable James H. Quello American Community Commissioner Cablevision Federal Communications 519 W. State Street Commission Ithaca, NY 14850 Room 802 1919 M Street, N.W. Roy W. Boyce, Esquire Washington, D.C. 20554 Cohen & Berfield Suite 507 * The Honorable Mimi W. Dawson 1129 20th Street Commissioner Washington, D.C. 20036 Federal Communications Commission WSTM-TV, Inc. Room 826 WSTM-TV 1919 M Street, N.W. 1030 James Street Washington, D.C. 20554 Syracuse, NY 13203 * The Honorable Patricia D. Dennis Meredith Corp. Commissioner WTVH(TV) Federal Communications 980 James Street Commission Syracuse, NY 13203 Room 832 1919 M Street, N.W. WIXT Television, Inc. Washington, D.C. 20554 WIXT(TV) 5904 Bridge Street E. Syracuse, NY 13057 t - 2 WETM-TV, Inc. Stainless Broadcasting Co. WETM-TV WICZ-TV Box 1207, Howley Hill 4600 Vestal Parkway East Elmira, NY 14902 Binghamton, NY 13903 Public Broadcasting Council WSKG Public Telecommunications of Central New York Council WCNY-TV WSKG(TV) 506 Old Liverpool Road P.O. Box 3000 Liverpool, NY 13088 Binghamton, NY 13902 Citadel Communications WSYT(TV) Company, Ltd. Thomas J. Flatley WMGC-TV 1000 James Street P.O. Box 813 Syracuse, NY 13203 Ingraham Hill Road Binghamton, NY 13902 Christian Discerner, Inc. 8315 Tobin Road Gateway Communications, Inc. Annandale, VA 22003 WBNG-TV P.O. Box 1200 Susan K. Panisch 50 Front Street 71 Blanchard Road Binghamton, NY 13902 Easton, CT 06612 WENY, Inc. WENY-TV P.O. Box 209 596 Ithaca Road Elmira, NY 14902 Alicia I. Marti z */ By Hand Delivery WIN MvqMi _I r1Lti4_ ` �■■ii!!��yy44r1G1 "� N�`!r✓'.� TSO'2• n �X�A ` Aqq . S� Y. 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CHART N NiA Pr -1..— E9- --7 -- - f I -_ - - -- - ---- 0 dB CALIBRATIOII CORRECTION -5 dB CALIBRATION CORRECTION FIGURE 5-B ITHACA - NEW YORK EMPIRE NF-105 CHART RECORDER CALIBRATIONS USED FOR ALL UHF FREQUENCIES JULY 1987 SILLIMAN AND SILLIMAN ESTNRLI'N'EA MUS INDIANAPOLIS, IND., U.S.A. CHART NO. 4313-X _ -- , } —1--- --�------- --- -- -- -- — —--� —1--- — —. — __ .__- -- - �-- - --- —--I - _. ff -5 dB CALIBRATION CORRECTION 10 dB CALIBRATION CORRECTION is FIGURE 5—B ITHACA — NEW YORK EMPIRE NF-105 CHART RECORDER CALIBRATIONS USED FOR ALL UHF FREQUENCIES JULY 1987 SILLIMAN AND SILLIMAN CAYUGA LAAI. 9906 Ithaca Town PART 38088 99 \ , (035) PARI i n+ M \\ Part -_0 ..1...[ta•.. '�• •.rte[ •0- _ _, i.: Renwick ; ,TS:.., •'ai l 38077 „ \ (1745) i l,: ; t,.• •rot \ (030) a ». ''+"•,,, - 8 138 ,„ fl s o,» t '" i t F lu�✓ 1. \ Point •'• Point 2 +0 9� �,,, _'�_„.�. ..• Olt Point 8 .„ ♦ #... ��. •• eQ �. 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