HomeMy WebLinkAboutTime Warner Cable Information 2 of 2 O.IT.Na
�,� •f'' "'� CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
cpo�'•..... ,,,.�'�� DEPARTMENT OF PLANNING AND DEVELOPMENT
PoIyO H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: 607/274-6550 Fax: 607/274-6558
TO: Common Council
FROM: Jeannie Lee
Economic Development Planner
DATE: May 4, 1999
RE: Cable RFRP
Attached for your review is the Request for Renewal Proposal(RFRP),prepared by Rice,
Williams Associates, for Time Warner Cable. The approval of the cable RFRP has been moved
to the June 2, 1999 Council meeting to allow sufficient time for review.
As you may know, the City of Ithaca in cooperation with other outlying municipalities is in the
process of renewing Time Warner's cable franchise agreement. As part of this process Rice,
Williams Associates, contracted by the Ithaca Area Cable Consortium', have been in the process
of gathering and assessing the community's current and future needs of the cable system. The
needs assessment process included two public hearings,two task force reports, a consumer
survey, and an organizational survey. In addition, financial and technical audits were conducted
of Time Warner's cable system. Please review the attached document for adequacy for the
purpose of submission to Time Warner Cable for a proposal response. A resolution was
provided in your May 5, 1999 Council mailing.
cc: Members of the Cable Re-franchise Negotiating Committee
' Ithaca Area Cable Consortium Members:
1. City of Ithaca
2. Town of Caroline
3. Town of Groton
4. Town of Ithaca
5. Town of Lansing
6. Town of Ulysses
7. Village of Cayuga Heights
8. Village of Dryden
9. Village of Freeville
10. Village of Lansing
11. Village of Trumansburg
An Equal Opportunity Employer with a commitment to workforce diversification.- ��
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
I �
00-1 1
DEPARTMENT OF PLANNING AND DEVELOPMENT
�Po� O H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: 607/274-6550 Fax: 607/1274-6558
TO: Ithaca Area Cable Consortium
FROM: Jeannie Lee (X
Economic Development Planner
DATE: May 5, 1999
RE: Public Hearing Minutes
Attached are the cable re-franchising public hearing minutes. Please make these and other
supporting documents available to those officials reviewing the cable RFRP.
Other supporting documents sent in previous mailings:
• Consumer survey result
• Organizational survey results
• I-Net and PEG Task Force reports
• Summary of written comments (the original written comments submitted to the City
are available at the City Planning office.)
An Equal Opportunity Employer with a commitment to workforce diversification.- ��
CABLE FRANCHISE PUBLIC HEARING -ir 1
January 28, 1999
1 Ben Curtis called the Public Hearing to order to accept public comment on cable service in
2 Tompkins County.
3
4 Curtis said that this Public Hearing is part of the franchise renewal process for a consortium of 11
5 municipalities in Tompkins County which include the Towns of Caroline, Groton, Ithaca, Lansing
6 and Ulysses and the Villages of Cayuga Heights, Dryden, Freeville, Lansing and Trumansburg, and
7 the City of Ithaca. The comments received at this hearing will become part of an assessment of
8 Tompkins County's needs that will guide the municipalities in their negotiations with Time Warner.
9 He asked that speakers identify themselves and state where they live, and to initially limit
10 comments to 3 minutes until everyone has had the opportunity to comment. Once everyone has
11 had the opportunity to comment anyone who wishes to add to their comments may do so. The
12 hearing is being televised and those at home who wish to comment may call 274-5555 and record
13 their comment. There will also be a second hearing at the GIAC gymnasium at 7:30 p.m., Monday,
14 February 1, 1999.
15
16 Members of the negotiating team who will be representing the municipalities at the bargaining
17 table introduced themselves: Pat Vaughn, City of Ithaca, representing the 3rd Ward on Common
18 Council; Mike Lane, member of the County Board of Representatives and representing the County
19 on the Intermunicipal Cable Commission; Cathy Valentino, Supervisor from the Town of Ithaca;
20 Harvey Gitlin from the Town of Caroline; Ray Schlather from the City of Ithaca and a private
21 citizen; Jeannie Lee, Staff, City of Ithaca; Ben Curtis; Town of Ulysses, Chairman of the
22 Intermunicipal Cable Commission.
23
24 Pat Vaugh explained the events that led up to the Public Hearing. In September the Intermunicipal
25 Cable Commission identified two task groups to work on 1)the question of public, education and
26 government access channels(PEG), and 2) questions relating to the INET, which is an institutional
27 network which provides a variety of services to many of the public institutions such as the schools
28 and the governments and part of the County. These groups have met regularly and have identified
29 stakeholder groups that might have interests that need to be dealt with, and interviewed these
30 people. They have written reports and there is now a consolidated report of the two task groups
31 that will be available on Monday. Vaughn thanked those people who participated in the production
32 of these reports for the time and energy they spent on this and thanked members of the public for
33 adding another dimension to the kinds of information that they have been gathering. The public
34 was then invited to comment.
35
36 Bill McCormick, City of Ithaca: I want to point out some background for people who may not be
37 aware of what actually is being talked about here. We're not just talking about whether you see
38 "ER" or "Aly McBeal" or whether your teenagers get to go on television and make fools of
39 themselves on public access or whether your church preaches sermons to people in the community
40 over cable television. Those are important, but more basically when we talk about cable television
41 we're talking about the future of this community. Why? I'll use the analogy of streets. It seems
42 evident that streets obviously connect the community. We think of them as open to the public.
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1 Imagine if at the front of every driveway there was a toll gate. That is the equivalent of what we
2 have for our 21 st century electronic super- highway way of connecting with people. We now have
3 toll gates. People can only get access if they pay a toll. We have to understand that in the 21 st
4 century, society is larger and far more complex than it was when we debated whether to have open
5 roads. What we're talking about is that society, those connections,just as we are connected by
6 roads; that sense that the community is in effect that grid of roads and highways. For the 21 st
7 century, that is this electronic frontier. So we're talking about the future of this community. If
8 there is going to be a community, it is going to have this electronic component. We're going to
9 have to have access to the internet and one another through public meetings which are cablecast.
10 Why? Because just as an example Pat Vaughan represents about the same number of people as a
11 congressman in the U.S. Congress represented when the Constitution was written. That's how
12 much larger we are. And think of how much more complex we are as a society. We need the
13 electronic future. We need these ways of communicating with one another as much as we needed
14 roads. The first road in this County, Rt. 79, which was the Catskill Turnpike, began as a toll road.
15 There were individuals along the way who built and maintained sections of highway and charged
16 tolls. That's the stage we are at with the future of this community with these new electronic means
17 of connecting the community. That's what we're really talking about here. We're talking about the
18 future - about 2 years, 10 years down the road in the next century. I urge everybody to open their
19 eyes to have a longer perspective, to see it as a broader and more inclusive question than whether
20 we get to see "ER" or "ESPN" or whatever. We should take it seriously because it's a much larger
21 issue than most people realize.
22
23 George Bantavantis, City of Ithaca: I subscribe to basic service and my objection is to the
24 selection of programs. We have 2 shopping channels; we don't buy over TV. We used to be able
25 to get CNN, which we can't get anymore. I would like to be able to see CNN and maybe the
26 Weather Channel or something like that in the basic. I wouldn't mind paying a little more to be
27 able to get these, but we don't want a box with every TV set to be able to get these channels, which
28 we've been told we have to have.
29
30 (Unintelligible) from Town of Ithaca: I would like to see Time Warner bring some of the Spanish
31 language channels to Ithaca. I think that the majority of the university communities have this type
32 of channel that we don't have in Ithaca. I'm aware that 500 people at Cornell University have
33 signed a petition that we would like to see this Spanish channel on TV.
34
35 {It was noted that the Intermunicipal Cable Commission would like to have a copy of that petition
36 for their records. Ms. Lee said that she has received the petition as an e-mail attachment. }
37
38 Pete Scala, Cayuga Heights: When I subscribed I had the minimum, basic service. That minimum
39 service has grown but I never look at about 3/4 of those programs. I also have custom choice
40 because I wanted golf, so I had to get 5 others. I did get a good deal - CNN, ESPN, the History and
41 the Learning Channel. I like these and I think it does a good job. I'm not happy about having 2 of
42 everything on the basic channel. I don't understand why we have to have two of everything. I
43 happen to be one of the few people who watch Channel 13. It's a good channel, but it's abused. I
44 was told that I have to have CSPAN II to watch the Senate coverage in Washington. You have to
45 have Standard Plus. I think that ought to be Standard Plus times 10. You have roughly 30-odd
46 channels that I would have to buy in order to get CSPAN II. I don't understand that because I
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1 understand that in other communities both CPAN I and II are available on basic. It's obvious why
2 the packaging is done this way - put something good in so you can sell the rest. As a general
3 comment I'm very happy with the service and the technicians that come to the house. They are
4 well trained and they've done a good job. Every time they change the black box I go nuts because 1
5 can't figure out the new system. I point out that it took a long time - 2 years - for one of them to
6 discover that part of my cable wasn't working properly. The old coaxial was left in there, and as a
7 result I couldn't get the signals and had a noise. That's a minor complaint. I think they do a good
8 job technically. From a marketing point of view, I would almost be willing to pay for these
9 channels one at a time so I can pick what I want. We have different tastes, and what I want is
10 mostly conservative, but I think the blanket's too big.
11
12 Will Burbank: I'm not aware of the system that governs our cable system. How it all comes
13 together I don't understand and I'm glad you folks are struggling to make some sense of it. You
14 have a potential in this community to serve those who are not being terribly well served by large
15 corporate interests and I really hope this group will try to stand up for the little folks in this process.
16 Like many people I have basic cable service and I spend a lot of time watching schlock on network
17 TV. But the things I feel best about watching fall into 3 categories. CSPAN - I'm very interested
18 in governmental process and spend vast amounts of time on a daily basis watching CSPAN.
19 Currently you can only get CSPAN I on the basic service so while this county is undergoing the
20 impeachment, people in Ithaca cannot see the proceedings. I called the local Time Warner office
21 and spoke to Mr. Downey and was informed that they would be quite happy to add CSPAN2 to the
22 basic tier but he was reluctant to do that while you're going through this process. I strongly
23 encourage you to do that as a basic civil service. I would like to echo the sentiments stated by the
24 gentleman who preceded me. I too would like the capacity to choose the channels that I would like
25 where I could pay for it on an individual basis. While he cited the desire to have a more
26 conservative mix, to my mind the channels are filled with conservative offerings and I would like
27 to only be paying for the ones that are a little more liberal. But currently I have to wade through a
28 lot that I'm not terribly interested in. The second reason I feel good about paying for cable service
29 is community access. I watch Channel 13 regularly. Some of it is mindless and some of it is
30 profound. It is a vital part of this the community and adds a diversity of opinion that we would not
31 have. I hope that in the process of developing this new agreement you will greatly expand the
32 facilities and the latitude of that service. I understand there are calls for a new studio space and for
33 more INET sites so that they can do direct broadcasts from places like GIAC, or wherever there are
34 community meetings. The third and one of the main reasons I get cable is for radio. It is one of the
35 little known secrets in this community that you can actually hook your radio up with a splitter and
36 get stations through the cable that you cannot normally get over the air. Unfortunately most of
37 what you get is exactly what you do get over the air. Of the 17 stations that come through, only 3 or
38 4 are other than what you can get over the air. But of those 4, I regularly listen to WEOS out of
39 Geneva; it's a marvelous alternative in terms of public broadcasting and I would strongly encourage
40 you to continue this and expand the number of radio stations that are available through basic. And
41 I would also encourage you to involve the public in determining what those stations might be.
42 There is a station out of New York City, "Al, that I would love to be able to hear locally. There
43 ought to be some mechanism that people can bring forth suggestions and add to that mix. There is
44 also a strong need for locally produced radio. All of the commercial stations in this community are
45 owned by one entity. We currently have a strong need for locally produced alternative
46 programming and I would hope that you would incorporate production facilities for radio in this
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1 agreement as part of community access radio facility. The FCC is in the process of developing new
2 regulations. They are moving toward greater expansion of low powered radio but there is
3 currently no place to produce those kinds of things. I would hope that that would be incorporated
4 in this process. I would like to thank Time Warner for their local news service, Channel 7. It is a
5 very important news source in this community. Regrettably it is once a day and I would encourage
6 them to expand both to a morning broadcast and a late evening broadcast. I think with a little
7 additional amount of resources we could be better served in terms of news. And finally, I add my
8 support to the final report that was brought forward by the public access task group. I have read it
9 on the Internet and feel that they did a fairly admiral job of hitting many different bases.
10
11 Cynthia LaPier, Ithaca City School District: I'm not sure how much folks are aware of this, but
12 the school district uses the INET as a data network. We use the cable plant to connect our
13 buildings together. In addition we have formed a consortium with other non-profits, the City, the
14 County, other school districts and BOCES, to share the INET and to purchase services which we
15 can use on top of that. This has afforded the school district an incredible opportunity to bring our
16 children into the new century and to become information literate. Without this use of this cable
17 plant I hesitate to think of where we would be. Our buildings would not be connected. Our
18 students would not have Internet access. Our partnership with Time Warner has been extremely
19 successful and positive. We have a very good working relationship. We troubleshoot network
20 problems together as a team. We have found that they are always responsive to us and never say to
21 us that these are little kids who need a connection so it's not important. It's always important and
22 they respond as quickly as they possibly can. I would like to encourage that this partnership be
23 developed to an even greater extent and that we see what we can do together to provide a viable
24 economic component for the community and to continue to help our children become the most
25 information literate and computer savvy.
26
27 Pete Scala, Cayuga Heights: I would like to see you expand on your public access Channel 13. I
28 haven't read the report. I think its purpose and some of its use can be very good. I don't mean to
29 pick out Robin Palmer, but I think he makes the station. I don't always agree with what he says,
30 but it's good.
31
32 I'm probably one of the few people who took the Director's Program, which trains you on how to
33 use the equipment. It was very well done and really worthwhile. I had a purpose; I was going to
34 teach some stuff for the local power squadron of the Coast Guard. But I could not get help. You
35 need a team of other volunteers. I think it's a well-kept secret. I couldn't get people at the
36 Chamber, for example, to come and volunteer. You can't do it alone; it takes the group. It is really
37 worthwhile. It's not that difficult to do and I highly recommend it. I think we ought to perhaps do
38 something toward educating parts of the public - schools and not-for-profits -to make use of that
39 facility and get people trained. I'm amazed that I couldn't get people in the PR business to come
40 down and take the course. It doesn't cost anything, there are very few hours involved, and it's very
41 worthwhile. I would like to see that education end of it expanded to get more people into the
42 program and playing a part.
43
44
45 Wendy Skinner, City of Ithaca, Public Information Coordinator for Tompkins County: I was on
46 the task force to gather information, particularly on government access. The information that I
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1 gathered as part of the public task force is part of the public record and will be available to the
2 negotiators. As the Public Information Coordinator for the County, part of my job is to oversee a
3 lot of the functioning of the government access channel. I have come to believe that it's a very
4 important resource in the community and I would like to see it continue. I would like to see it be
5 maintained and improved in regard to government access services. Right now about 32 hours of
6 programming is shown on Channel 15. Most of it is live or replayed County Board or Ithaca
7 Common Council meetings. A program like tonight's Public Hearing is rather rare on government
8 channel. We have come to depend on this service as a way to monitor local, government action.
9 According to a poll that ran in the Ithaca Journal about 8 weeks ago, many people see it as a major
10 source of information about local government. They rank it at about the number 4 spot after
11 commercial print, radio, and TV. But the thing that distinguishes government access is that it's the
12 straight dope - no reporter, no commentator, no public information officer is interpreting what the
13 elected official do. They are right there conducting the public's business to be witnessed by any
14 cable subscriber. We need to be sure that this important public service is continued. We need
15 well-defined assurances of the necessary equipment, hookups, maintenance and upgrades to have a
16 good clear signal and a watchable product. Furthermore, municipalities other than the City of
17 Ithaca deserve the opportunity to have their meetings cablecast should they so desire. I recently
18 conducted an informal survey of municipal officials in Tompkins County. I talked to 18 town and
19 village board members in 10 different municipalities. Of the 18, 15 thought that that level of
20 government access service should be available in their community and it would be a great benefit
21 to their community. These towns should be contacted and their wishes should be considered.
22 Surely government access means more than just a link from the County Board chambers and City
23 Hall. This appeal for municipal inclusion in government access relates to at least two topics the
24 negotiating team will hear again and again. The community needs more video drops -that is,
25 connections that carry a live video signal and allows for the broadcast of public meetings or other
26 types of community programming. You will find that the list of suggested sites is quite long and it
27 will be your job to trim it down to something reasonable. I trust that those in the more rural areas
28 of the County will make clear their requests. Within the City, a site that should be on the very top
29 of your list is the new Human Services Building on W. State Street. It has a large conference room
30 that is available for public use and it is very suitable for video. It's all rewired for easy setup of
31 portable equipment and it has a space that can serve as a control room. It is an ideal space for
32 community-based video. The second topic you're going to hear much about is the need for line
33 extensions in many areas of the County. As it relates to government access the reaction I have
34 heard is" What good is it if I can never see it anyway?" Direct witnessing of local government is a
35 laudable goal. The trouble is the audience is not strictly citizens, it's cable subscribers. An
36 unfortunate byproduct of the progress we have made is that we are disenfranchising every citizen in
37 every home that does not have cable service. An untapped area of potential and one that I don't
38 know much about and I think you should contact government officials to find out about is the use
39 of cable for other government functions such as surveillance or remote facilities. Also I know
40 you're going to hear a lot more about the indispensability of the INET. People want to see it
41 maintained and upgraded because in addition to its other uses the INET carries the government
42 access. As a matter of fact the only way this program is getting out to the public tonight is because
43 we're using an INET connection.
44
45 Bill McCormick, City of Ithaca: As I pointed out, the cable is like the 21 st century version of a
46 street system, a street grid. In this case it's a communications grid. Part of the problem that we
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1 have now is that we have these toll gates and that some of the people are disenfranchised from
2 government access. As the person from the school district said, the children are fine. But they
3 don't spend their whole life in school; they go home. So I think that the very first thing we have to
4 think about is to establish universal access to this 20th Century version of a street grid. We have to
5 do the same thing as the decision to eliminate the toll road and open commerce to personal and
6 private business and establish that electronic grid that will connect this community. So the first
7 thing we have to do is provide free cable service. Some may say that's unreasonable. Let me point
8 out that when cable first came on the scene, cable was expensive because they had very high
9 construction costs. They had to build those cables, and they had to do it with junk bonds with very
10 high interest rates at a time when interest rates were very high- in the 80's. Time Warner has an
11 enormous debt, but that's their problem. Right now what we're talking about is re-franchising and
12 possibly rebuilding this electronic grid. What's really required and what happened the last time was
13 really little more than a maintenance upgrade. The money they spent was not borrowed at high
14 rates; it came directly out of their cash flow. They financed it not by borrowing a lot more money,
15 but by raising cable rates so far as they could. That's a clue that their operation expenses are much
16 lower than they were at the very beginning when they built this thing. And their operating profits
17 must be very high. I suggest to you that if you have somebody do research of the cable industry,
18 and there are cable industry manuals that you can get, it would tell you that their operating profits
19 are edging toward 40%. There is an enormous profit being made from the current cable rate. Trust
20 me, under the new franchise, those cable rates will explode as they have in every other community
21 where there was no contractual obligation to keep those cable rates to moderate increases. In the
22 old franchise we had built into the system that they could not raise them more than 5% a year.
23 What do we do with that fact? We say now that you have built this infrastructure, now that you're
24 upgrading it only in maintenance, when you have to replace that wire anyway, you replace it with
25 an upgraded system- maybe fiber optics. The basic service on that ought to be free and it ought to
26 be universal. If you look at the reports of the earliest cable committees, everybody has it. What
27 happened? Now almost everybody doesn't have it. Large segments of the community don't get
28 cable service - can't afford to pay for it. We need to provide a basic service that goes to the heart
29 of maintaining the community - political, governmental access. We need to be able to campaign
30 for local office using cable. We need to reach people with that and be able to discuss public issues.
31 We need governmental access. Those things should not only go to subscribers, they should go to
32 all members of the community because every member of the community is at stake. Their stake in
33 public lands on which the cable company operates doesn't depend on their being a subscriber.
34 They have in a sense a common law right to get something back for having given up to Time
35 Warner the use of that public land,just as a landlord has the right to collect rent.
36 What we need is a basic service that everyone, not just subscribers, get. Everyone ought to be
37 linked in this community and those basic services ought to be governmental and not for profit. The
38 public generally, not just subscribes, should benefit from a cable franchise in Ithaca. So the way to
39 create this electronic grid is to create a basic service which goes to every home. There are no
40 hookup charges because no one is ever unhooked. The community is completely, 100%, wired all
41 the time. In the end that is even abetter commercial choice because it makes it easier for Time
42 Warner and other commercial entities to come in and sell programs over the cable system. Say it's
43 snowing outside. How do I take a course at TC3? If we had a viable and universal electronic grid
44 in the County I could sit at home and order a class, in effect as pay per view. Time Warner could
45 then reimburse TO for that course and anyone in the County could take a course at TO at home.
46 You could say the same for every church in the County that has people who are sick and can't make
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1 it to services. We need to not just make God available to subscribers, but let's made God available
2 to everyone in the community. I think that's the important function of modern government, if I
3 may lecture you who are in government. You have a role that may be the most important one - to
4 connect people. There are many forces in this society to disconnect them. And the more connected
5 we are, the more prosperous and inevitably better a society we become. The second thing is
6 commercial. Time Warner is a monopoly. There are no ordinary constraints on Time Warner's
7 ability to raise rates. The ordinary restraint would be competition but there isn't any. One of the
8 ways to introduce competition would be if they were not the only seller of the program. Remember
9 there are two components here - one is just having the grid and the second thing is the content.
10 Many people said I only want this channel or that channel. If a non-Time Warner commercial
1 I entity could sell programming to people in Tompkins County, we would open up the possibility of
12 competition. This competition would not be in building another cable system, but in the real thing
13 that people are buying - and that is the programming. On the one hand we need universal access to
14 the social goods- government, not-for-profit, and religious groups. The second thing we need to do
15 in order to restrain the price is to introduce some competition. The way to do that is to force Time
16 Warner in this franchise to accept competition in selling what people are really buying - and that is
17 programming. Let's give them another choice where they might buy a program. Let's give maybe
18 even a local company the opportunity to start selling those services. That would be a leap into the
19 future. I will end by saying that I am one of the few people around here who was here the last time
20 that the cable franchise was negotiated. I remember that a member of the Access Users Group
21 described to us a thing called packet switching and he said it would really be a neat thing if we had
22 packet switching on the INET. Most of you know what that is now by another name -the internet.
23 That guy went on to work in the early years of the Clinton administration for Al Gore and his
24 electronic superhighway project. When he was here and we made that argument for that kind of
25 forward looking franchise, every single member of the Common Council and every member of the
26 community instead looked down and saw that they were standing in a puddle and the only thing
27 they could think of was how to get out of the puddle - the present problem. We didn't write a
28 progressive franchise the last time. We're still in that puddle today. We didn't look to the future.
29 Let me suggest to you that if we had, this would be a different community. In the future, when
30 companies with the high paying jobs want to relocate somewhere, what are they going to want? I
31 suggest to you that what they are going to want is this electronic grid. It's going to be as important
32 as the road grid used to be to manufacturers to get their product in and out from their factory.
33 Tomorrow they will want to get their product in and out over this electronic grid. So we're talking
34 about a really big thing here - about what defines us as a community. What defines us is not just a
35 name like Tompkins County. The vital substance of this community is what we're talking about-
36 not just the social fabric, but our economic future. I don't think people realize the stakes. The last
37 time we wrote this franchise very few people realized what the stakes were. This time I think
38 everyone at this negotiating table should think long and hard about what the stakes are. It won't
39 come up again for a long while and in that time this community could go downhill or we could see
40 a real renaissance in this community - in the arts, economically, and in this basic pull in society -
41 pulling us apart and pulling us together. I hope you think deeply and broadly about what we need
42 in this new franchise.
43
44 Ben Curtis: This is a hearing for the Cable re-franching of the Tompkins County consortium of
45 municipalities that are re-franchising their cables. For those unable to attend, there is a phone
46 number- 274-5555 -that will allow you to record a comment and it will be added to the record of
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1 this Public Hearing. We ask people to keep their comments reasonably succinct . There will also
2 be a second opportunity to comment in person. On Monday, February 1 st, at the GIAC
3 Gymnasium at 7:30 p.m. there will be a second public hearing to receive comments on cable
4 service in Tompkins County.
5
6 Member of the Audience: I think it is time for you to be visionaries but I would like to know
7 what you will do in the near future. Maybe you can explain to us what happens after the hearing
8 and after the collection of public comments. What is the next step? It would be good to hear a list
9 of the people who are officially on the negotiating team.
10
11 Ben Curtis: What we're doing today with the Public Hearing is part of what is called a needs
12 assessment - our community's efforts to determine what our residents expect from Time Warner in
13 exchange for giving Time Warner use of the rights-of-way and so forth to wire the County. The
14 Public Hearings will be added to the task force reports which have been another source of
15 information about what our County is looking for in public access and the INET. In addition,
16 surveys have been sent out by the consultants who are overseeing the franchising process. They
17 have gone to subscribers, non-subscribers, and to people who are perceived to have a special
18 interest in the electronic infrastructure, including municipal governments, schools, and fire stations.
19 We have asked key people in those organizations to comment on what they might be able to
20 reasonably use in the way of an electronic infrastructure and cable service, and that will be added to
21 the needs assessment. The consultant pulls all this information together including the comments
22 received tonight and next Monday. They will be able to draw up a proposal to send to Time
23 Warner saying essentially these are things we have been able to identify as being important to this
24 community and this is what we would like you to include for the next franchise agreement with the
25 11 municipalities who are involved in this process. At this point the municipalities will review that
26 proposal and it will be finalized and sent on to Time Warner for their response. And that will
27 bring us very close to the negotiating process.
28
29 The members of the negotiating team are: Ben Curtis, Cathy Valentino, Mike Lane, Judy Bogess,
30 Pat Vaughan, Ray Schlather, Allen Cohen, Thys Van Court, Mariette Guilddnhuys, who is a city
31 attorney, and Jean Rice, the consultant.
32
33
34 Bill McCormick: One of the ways of raising these issues would be to have a full-blown public
35 debate. The only way this thing happens in this society is when there is a public vote, so I would
36 urge you to include in your plan to have a public referendum on the essential elements on the
37 franchise; and not just have you yourselves with limited points of view but have a general public
38 debate and a public resolution with some sort of referendum on the essential elements of the
39 franchise.
40
41 Ray Schlather: I would like to add another point to this process. Under the Cable Communication
42 Policy Act of 1984, an existing franchisee can be in effect be de-certified at the conclusion of the
43 franchise if it is determined that it has not been meeting community needs or been performing up to
44 the standards expected of it in the community. That is important because it is extremely expensive
45 to switch from one franchisee to another and the only way that it can be done practicably is by
46 going through a process by which the various franchising authorities make certain determinations
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1 of fact regarding performance. This Public Hearing and the one that will follow can be used to
2 develop the factual basis for these various franchising authorities to make their determination. I
3 urge citizens to listen carefully to what is being said to determine if that is a route which ought to
4 be pursued. If so we must act expeditiously within the coming year to meet those deadlines. We
5 must be sensitive to that possibility and that becomes part of this process as well.
6
7
8
9 The hearing was adjourned at 8:45 PM.
10
11
CABLE FRANCHISE PUBLIC HEARING #2
Monday, February 1, 1999
1 Pat Vaughan called the hearing to order at 7:00 PM and introduced the panel.
2 Pat Vaughan: This Public Hearing is being held for the purpose of gathering public input for the
3 cable franchising negotiating team. I'm Pat Vaugh and I'm a member of the negotiating team. I am
4 also a member of Ithaca's Common Council. I represent Ward 3.
5 Ben Curtis: I am Chairman of the Intermunicipal Cable Commission(ICC), representing the
6 Town of Ulysses.
7 Mike Lane: I sit on the County Board of Representatives and represent them on the ICC.
8 Judith Boggess : I am a citizen, resident of the Village of Cayuga Heights.
9 Allen Cohen : Mayor, City of Ithaca.
10 Ray Schlatter: private citizen, City of Ithaca, attorney.
11 Kathy Valentino: Supervisor for Town of Ithaca.
12
13 Pat Vaughan: One of the things I have done is serve as chair of two task forces that gathered
14 information on very specific parts of the cable re-franchising process. I served as the Chair of the
15 PEG(Public, Education and Government) Task Force. We were looking at the kinds of things that
16 were needed for each of those three entities to improve the service there. I also served as the chair
17 of the INET task force. The INET is an Institutional network that links the City, County, Ithaca
18 School District, Lansing School and several not-for-profit, and also provides the video signal for
19 our program this evening and for many of the government access programs. We have drafted a
20 variety of recommendations that will come to the negotiators but many of you have things that you
21 would like to tell us.
22
23 We ask that you limit your remarks to 4 minutes. If there is time at the end you can speak again.
24
25 Vaughn thanked Jeannie Lee from City of Ithaca Planning staff for support beyond the call of duty,
26 and said that we really appreciate all that she has done for us.
27
28 The Public Hearing is being televised. If people at home would like to comment call 274-5555 and
29 record a comment that will then become part of the permanent record.
30
31 Neil Louie, City of Ithaca: I'm not well versed on cable issues. I don't get cable at home. The
32 house that I live in consists of 5 people and we were considering getting cable, so that we could
33 listen to the cable radio which is included as part of the basic cable service. Right now we're
34 considering getting the Road Runner service from Time Warner. We would like to see as part of
35 the new franchise agreement that Time Warner include those radio stations that they already give to
36 regular cable subscribers to the people who subscribe to Road Runner. Also for the Road Runner
37 service, because the cable company is a virtual monopoly in our City and therefore is in a sense
38 subsidized by the City, we would like to ask them to include internet addresses that stay the same
39 so that people can associate domain names with their Internet address. Also, they should have
40 some public sites available for the general public to go and be able to access the Internet and to be
41 able to use the facilities which they would otherwise not have access to. There is some access
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1 available at the public library that is limited in both the time that you're allowed to have access and
2 the number of stations. It's so busy that a person may have to wait up to 2 hours before getting any
3 kind of access. I would like to ask that Time Warner add more radio stations to the basic radio
4 service that is available to its subscribes and also that there be a public access radio station similar
5 to what they now have for public access television. They have a lot of good things on public access
6 television. Although we don't have cable I have at times seen things at other places and I like what
7 I see. I consider it to be the only truly local form of information that is provided by the citizens to
8 ourselves. We don't have that option with any other broadcast medium. We can 't have our own
9 radio station although some people at times have done it illegally. I would like to see the
10 opportunity to do that made available by Time Warner.
11
12 Paul Bonaparte-Krogh, Cornell Cooperative Extension in Tompkins County, Town of
13 Dryden: I want to speak about government and educational access programming. Cooperative
14 Extension works quite closely with government access right now. We actually contract with the
15 County and employ the staff that broadcasts County meetings, Board of Representative meetings,
16 and some other meetings. We have found that we have been able to use the INET and the
17 government access station for intermunicipal educational programs for town, village and county
18 officials. I would like to see our ability to reach out to the towns extended by having some further
19 drops in town buildings out in various municipalities across the County. Several times we have
20 been able to use our capability being linked to the INET at 615 Willow Avenue to have a satellite
21 downlink conference that is available and of interest to county officials broadcast out on
22 government access. What we need are gathering points in the town for people to get to together to
23 discuss what we call wrap-around programs for some of these satellite broadcasts. I think that is
24 lacking right now. Also I think we need to increase our access to some equipment and staffing so if
25 the municipalities want to get involved not only in receiving programming but in doing
26 programming, which some of them are interested in, we would have some ability to support them.
27 And I think the Cooperative Extension has been involved in that at the County level and would be
28 willing to help in the local municipal level in the villages and the towns. So there are a lot of
29 exciting possibilities in using the cable system to bring more educational programming to enhance
30 the efficiency and the ability of our local governments to do their job. On the educational access
31 side we're very involved and have been for a number of years with the educational access
32 committee and I think Extension is unique within that organization. That group is really Cornell,
33 Ithaca College, BOCES, the school districts and Cooperative Extension and the library. Of those
34 groups I think we have the potential in Extension to generate more educational programming of
35 interest to the public. We all work together in sharing equipment and ideas and satellite dishes and
36 downlink expertise that we use on the INET. What we need is some access to equipment and staff
37 time to be able to do programming. We can generate live programming out of 615 Willow Ave.
38 just as we can here out of GIAC, but to lug the equipment every time becomes a real burden and a
39 block to programming. So if additional programming is going to be made possible we need a little
40 bit more help with equipment that we can have out in the field at different sites besides the access
41 to the studio in the Court House. There are lots of creative possibilities that we haven't even
42 realized in using government and educational access.
43
44 Pat Vaughan: We would like to thank Time Warner in particular for the extra help they provided
45 to make it possible to have this broadcast from the GIAC gym. They went beyond the call of duty
46 and I would like to recognize that they do this very often and we appreciate it.
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1
2 Dooley Keifer, Village of Cayuga Heights,Town of Ithaca: I wonder if it's possible to change
3 the system so that when a consumer buys a so called cable ready TV or a VCR that in theory lets
4 you tape one program while watching anther, those features can actually be used. It's very
5 discouraging and disappointing to know that somewhere those things are useable but apparently not
6 with the system we have access to. I don't know if the problem is with the cable box or what the
7 stumbling blocks are. I would also like to see if there is going to be a long term franchise
8 agreement that there be some kind of automatic reopening when there are significant changes in
9 technology available. It seems like a good idea to write that in. As someone who pays for groups
10 of TV stations, only some of which I want, I would love to see us able to actually chose the group
11 of channels we want and not be offered a choice of this or that service. I'm not sure how much
12 more that might cost but I'm sure you can figure that out and some of us might prefer that. The last
13 thing is what you've already heard about - additional drops in other municipalities. I think all
14 communities should have government access for the educational and governmental possibilities.
15
16 Pauline Layton, Town of Ithaca: I have been a public access producer for last 10 years and
17 during that time I have seen many wonderful local shows produced - lots of informative shows
18 about local issues. In order for these shows to reach the public there has to be publicity. It's not
19 enough for Time Warner cable to provide the therapeutic experience for people who have a
20 message to be able to sit in front of a camera and spout off. It's got to meet the public out there or
21 there is not all that much point in it. Formerly the available publicity was better than it is now. The
22 Ithaca Journal's Friday TV section used to actually carry short descriptions of the public access
23 program as well as the titles. Also until the last year or so the rolling community bulletin board
24 used to list the schedules. That's what runs off the public access channel when there is nothing else
25 on. But that's not happening anymore. Also they experimented with having a short scroll of
26 advertised announcements for shows that would run in between programs on the public access
27 channel but we were told that it could only be used for a regular series show and not for one time
28 occurrence kind of shows. The total result is bad because the public isn't getting the message. For
29 instance, I'm associated with a show called Fingerlakes Forum. The name Fingerlakes Forum
30 appears in the Journal every Friday, but unless the Journal editor condescends to include our show
31 description on Monday there is no way for the public to have the slightest hint what any particular
32 show is going to be about. And that's pretty frustrating. I find I'm watching public access less and
33 less because I don't have these descriptions that make me want to watch a particular show or have
34 any idea what is going on behind the titles. There were times when I felt tempted by some local
35 issue to put on a show and bring in some people who want to talk about this on the air. Then I don't
36 do it because nobody is going to be able to find out about it, so no one will watch. And that's really
37 frustrating. I think the new franchise agreement needs to make some provision for adequate
38 publicity for local shows. The Journal should be encouraged or paid by Time Warner to give better
39 coverage. Also if the rolling community bulletin board had a more sophisticated computer roll it
40 could include more information about upcoming shows. There is actually a Pegasus website but it's
41 been completely neglected ever since the staff member who set it up left town. And theoretically
42 that could have up- to-date information about shows, but of course it doesn't. That leads to another
43 problem with the current access setup which is that the current access staff are just too busy and
44 they don't have time to keep the website out of cobwebs or keep the community bulletin board in
45 good shape. Actually the staff is surrounded by volunteers who include lots of talented amateurs
46 who can do keyboarding or create websites just as well as the staff people, but they wouldn't want
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1 to do it for free. There is no way for Pegasus to pay those people, whether it's to work at filling in,
2 or using carpentry tools to repair the sets which they badly need, or if one of the volunteers teach
3 some classes, which I did once. I wasn't paid for it because they had no discretionary funds to pay
4 people to do anything like that. So it would be really nice if the new franchise could allow Pegasus
5 to have some discretionary funds for paying people. Something else I'd like to complain about is
6 the educational access budget. They have been able to send expensive computerized non-linear
7 editing systems to the schools where they are used by rather limited classes of teenagers, whereas
8 at public access the grownups are still stumbling along with the old fashioned linear editing. The
9 schools are allowed to borrow equipment from Pegasus when they need it but Pegasus can't borrow
10 that wonderful non-linear equipment from the schools, even when the schools aren't using it. Lots
11 of volunteers would really like to do non-linear editing but we can't afford that much equipment.
12 This I think reflects the fact that the price tag on state-of-the-art equipment is going up a lot faster
13 than the 2% money that is supporting Pegasus. So ideally I would like to see the 2% increased.
14
15 Chris McConkey, resident of Town Enfield and volunteer at Pegasus: This transition to digital
16 is pretty awesome but I think it's absolutely critical. As this franchise agreement goes a full ten
17 years and we're showing programs on public access which are several generations on analog edit
18 equipment, it's just not going to wash. The quality of picture reception that people are going to
19 expect versus what they will see on access channels is going to be very noticeable. It is a very
20 powerful technology that is now available at the prosumer level and I think it's incumbent upon us
21 to do something now to insure that we have something which is close to the state-of-the-art. I
22 would like to see more of the INET drops. I work for the Committee on U.S. Latin American
23 Relations which is a group on the Cornell campus. We're organized under the umbrella of
24 CRESP(Center for Religion, Ethics, and Social Policy), so we're quite based within the
25 community. Something that I feel would be appropriate is portable editing equipment like an MSU
26 but much lighter; something that would allow us to have two or more cameras to be able to easily
27 switch between cameras and to do most of the legwork of the programming on site without a lot of
28 technical hurdles. It needs to be very simple to operate. Another thing is that Anabel Taylor Hall,
29 since it is where CRESP and where CULSAR is based, should be considered as a site for the INET.
30
31 John Coleman, Turkey Hill Road, Town of Dryden: I would like to urge that the Pegasys
32 facility be updated and continue to be updated as the technology develops and also that Time
33 Warner be encouraged to pay all of its employees a living wage. My personal connection with
34 these issues is that I am one of several dozen producers at Pegasys. As a fairly new member there
35 I learned how to produce and edit and I've produced a number of the videos that have been shown.
36 I'm also a member of the Democratic Socialists of America and our group has been initiating what
37 we hope will be a continuing series of local events such as one on Home Health Care Aids that is
38 showing right now and a Conference on Globalization, and the like. One thing that is very
39 noticeable about the studio is that it's extremely narrow and there really isn't room for productions
40 that involve any kind of movement, like dance or theatre productions. Nor is there room for an
41 audience of any size whatsoever. That would be easily correctable. In fact the little building where
42 we're located has another side to it and if we simply rented the whole building and knocked out one
43 wall that would satisfy a great need. Another one is the upgrading of the actual facility. Digital is
44 coming down the line. The facility is marvelous and it's a privilege and pleasure to work there and
45 I've learned a great deal. But I think we could do a lot better and there is no reason why they
46 shouldn't be somewhere near the state-of-the-art -let's say the second level down if you can't go all
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1 the way to hundred of thousands of dollars per camera and the like. I'm a Cornell professor and 1
2 sometimes take my classes down to PEG. I've also taped various things on campus like some of
3 the events around the UAW negotiating table which I've been able to put on PEG as well, and 1
4 think it's a marvelous resource for building up ties between the campus and the community. 1
5 encourage students to come down and use it and sometimes they do and go on to become
6 producers. As far as the living wage is concerned it is already being recognized by this community
7 as an important issue and I hope that that can be included too in the provisions of the new contracts.
8
9 Virginia Bryant, Director of Development and Community Relations for Longview Ithaca
10 Care Community, resident of the Town of Enfield: I'm here on behalf of Longview because
11 Jean Finley suggested that perhaps we would be a good site for an INET drop. I know that we have
12 in our new building at least 4 excellent spaces for television production. Our residents are all
13 independent elderly. College students come over to do inter-generational programming of all sorts
14 - everything from physical therapy training to speech therapy to inter-generational social activities.
15 We also have students coming from Montessori and South Hill and probably in 9 months we'll have
16 an in-house child day care program. So we have a lot going on and we have this public space, both
17 inside and outside. I see it as a wonderful way to be utilized by the community.
18
19 Rev. Stanley Sears, Minister of the First Unitarian Church of Ithaca: Our congregation has a
20 long history of involvement with public access. My predecessor, Jack Taylor, made frequent
21 appearances on shows and our Universal Unitarian Service Committee has produced occasional
22 shows that have focused on international development and social policies. All of these are
23 important and help to show the interdependent web that unites Ithaca with the international
24 community. As a recent arrival in the Ithaca community I think the international flavor in our town
25 is one of our greater gifts. I would like to speak also in favor of having the church be included as
26 an INET site. The community uses our church frequently. The musicians enjoy the superb
27 acoustics and we have a history of opening our building to outstanding speakers and progressive
28 organizations. Having the building as an INET site would enable us to share many of our services
29 with those who are unable to travel on Sunday when Gadabout and public transportation are not
30 running. As a congregation our members work to ensure that many of our members will have
31 transportation. However we are aware that a significant number of people from outside our
32 congregation also attend the events that take place in our church. By having our church as an INET
33 site we will be able to share these cultural and educational opportunities with a much larger
34 percentage of the Tompkins County population. As Unitarian Universalists, our religion has a
35 unique position in the interfaith community. Our congregation is diverse ethnically, racially and
36 theologically. One could easily say that multiculturalism and diversity are at the heart of our
37 religion. As an INET site we would be in a stronger position to foster diversity and tolerance in a
38 wider community. I believe that you would find that our programming would reflect this pluralism
39 and would speak to the wider issues of our area. I would like to comment on the need for mobile
40 studios that would be more accessible to a wider cross section of our community. The current
41 system I understand is cumbersome and requires muscular lifters and a moving van that is beyond
42 the capability of many organizations. I urge you to consider replacing this system with a more
43 portable one. I say this as the minister of a church that has committed itself to making itself more
44 accessible in recent years. A more accessible system would help further the vision that many
45 Ithacans have of our community as progressive and compassionate. Communications are a vital
46 resource. Along with members of our congregation I look forward to working with you to utilize
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1 the most up-to-date forms of technology to bridge the differences and to bring people together here,
2 not only in our city but in the wider Tompkins County area.
3
4 Jean Finley, City of Ithaca: I am Chair of the Ithaca City Cable Commission, and served on the
5 public access section of the PEG access task force. I was also facilitator for something called the
6 Public Service Video Project. I will confine my comments to areas in which I did not have input
7 on the task force -governmental and educational access. Public Access: There were some things
8 that appeared in the final report that were misleading. The final public PEG access reports a
9 channel allocation for public access which represents no increase. This was caused by the
10 confusion between HDTV channels and regular standard channels. The appendix that you have in
11 the full public section of the task force report has corrected that and it's clearer so you should look
12 at that appendix of the public access section. Also, one of the producers pointed out that we
13 omitted saying that INET sites need cable service so that the line can get tested and the producer
14 can see what is actually going out on the air. Without that the INET site is almost useless.
15
16 Cable systems form a basic part of Tompkins County infrastructure for the 21 st century. When we
17 allow a private company such as Time Warner to use our most valuable resource -the public right-
18 of-way for private use -we are justified in expecting our public needs in relationship to this
19 community's telecommunications infrastructure to be met by that company. This is especially true
20 when health and safety issued are considered. If it is not is possible to get our needs met by that
21 company we ought to be prepared to complete the infrastructure ourselves or to turn to some
22 public-private partnership to do the job. Several suppliers of telecommunications infrastructures
23 are available for exploration including companies such as the NYSEG offshoot, Telergy, which is
24 already in this county. There are others too. This infrastructure is an essential need for health and
25 safety. The last franchise called for the ability to run health and safety messages over all channels.
26 Equipment was never supplied to do this. We should require that the equipment be supplied to the
27 central fire station or to some other location chosen by the negotiators so that emergency messages
28 can be sent out over all channels and over Road Runner at the same time. We need to avoid a
29 situation like the one that developed in Binghamton a couple years ago when 40 tornadoes where
30 swirling overhead and one of them hit the ABC television affiliate and destroyed its studio.
31 Fortunately they had cleared the studio because they were having a telethon. It could have been a
32 major tragedy. We need to have the ability to get announcements out quickly to all the county- not
33 just through the radio stations but through the TV system too. I would also recommend having the
34 opposite ability-the ability to communicate from the home. In other words, with a click of a TV
35 remote or a mouse someone should be able to summon help silently without alerting a perpetrator
36 of a crime in their home. Or all houses should be hooked up so a hospital or medical people can
37 monitor a heart in any residence in the county. It would be a service that Time Warner could
38 supply and it could be paid for by the medical entity. To do this we have to require that line
39 extensions go to all parts of the county and there be a free sub-basic tier which includes emergency
40 signals and, to enhance participatory democracy in the community, also includes the public and
41 government access signals. I believe the governmental access signals are especially important. All
42 of our governmental and educational access channels and one of the public access channels are
43 located on your channel lineup above Channel 13. Many of the older citizens in our county have
44 TVs that do not go above 13. When the governmental and educational access channels were put
45 above 13 originally, the handshake agreement between the City and Time Warner was that the
46 customers in the city be provided with stripped, plain-Jane, non-addressable cable boxes so that
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1 they could get the higher channels and that these would be free of charge. This agreement was
2 forgotten over time and flew out the window when the FCC and Time Warner established a social
3 contract which provided a cost for this. But we can still negotiate for this. A social contract allows
4 us to negotiate anything we want. I think it's essential to have all of the access channels available
5 to everybody without extra charge and without a monthly charge for the cable box for instance.
6 Also line extensions.
7
8 Residents should also be able to testify at public meetings. There should be public viewing stations
9 at various places around the county like the libraries in the towns. There should also be a
10 provision for people to testify from those libraries through automated access studios to pubic
11 hearings such as this to bring their testimony right to the floor without having to come in from
12 Dryden or other villages in the County. There is no reason in this day and age that people should
13 have to travel to bring their image and testimony right to the floor. Regarding government access
14 channels, I hope we will provide free blocks of time before each election and provide a crew so that
15 local candidates can all have time on government access that does not have to be mediated by a
16 local producer. Candidates should not have to go through a local producer or have their own crew
17 trained in order to speak out on public access and reach the voter constituency. Economic
18 Development: Free universal line extensions to the whole county is essential for our economic
19 development. It would provide every site in the county to be a potential for a home-based business
20 with high speed internet access. I know there are people dying to get a Time Warner line out there
21 but Time Warner has not brought a cable in their direction because of the density of housing. I
22 think it is essential for us to get to every area of the county - not just what Cornell used to call the
23 golden crescent where faculty and higher staff live around Cornell and Lansing and part of the City
24 of Ithaca and the Village Cayuga Heights, etc. We need the whole county hooked up.
25 Supporting community diversity: Tompkins County is the home of many language and ethnic
26 minorities. I fully support the people who have been speaking out for a Spanish language network.
27 One year 300 letters were sent to Time Warner and they were ignored. I think we should require a
28 Spanish language channel and we should require that any time it gets over a certain number of
29 requests for a language channel in one year that they should be required to put on a channel or
30 programming with that language. We should also require that they provide us information on what
31 the channel requests have been on a 6-month basis.
32
33 Fay Gougakis, City Ithaca: I think the service that we have is a real gift because it is important
34 and we are in a city that has Ithaca College which is known for communications. To foster this, to
35 have this access in the community, is important and I think what has been going on with access is
36 unfortunate. I think there has got to be a way that we can distinguish what good programming is
37 and what filthy programming is. I'm not trying to infringe on people's rights but it was only a
38 couple years ago we were dealing with a very hot item in this town - and that was nudity on public
39 access. I stood against that and as someone who is very concerned about women's right and how
40 images of women are portrayed. To have that belittlement of women on our cable access is a
41 disgrace. That's the dark side of cable access. I want to feel proud that we have this access, but
42 unfortunately we have characters that come into this town and want to take a service that is so
43 precious and dear and rip it apart. There are people in this community that say we need our rights,
44 and as a human rights advocate and activist I'm very sensitive to that. I don't want to say you can't
45 talk about this and that. But there is a difference between talking about human rights and showing
46 a nude woman on television. I was reading how child pornography is allowed on the internet. And
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1 here on channel 13 a young child can flip see nudity and people say they have every right to put on
2 a nude woman or a nude man for that matter. Somebody running for city council about 2 years ago
3 told me that I was fighting against his right to see a nude woman on TV because he wanted nudity.
4 I was disgusted. The point here is that we have a very precious thing and there are people who
5 abuse it and to this day I have not seen a concrete measure to stop that abuse. I will not tolerate an
6 access channel which has nudity. The other things I want to say is that if there are student
7 volunteers to utilize this wonderful access we should have that interrelationship with the
8 universities. We could use interns for more staffing. If we abuse something we're going to lose it
9 and I really don't want to see that lost.
10
11 Jim Walker, Town Ithaca: I came here tonight with the agenda of language, Spanish language. I
12 would like to see it open to other languages. I would like to se it open for my own personal use but
13 also because of our diverse community and our large flowing population that comes from Spanish
14 speaking countries. For some of them it's quite difficult especially for the young students who are
15 here for a very short period of time. I don't know how many people realize that we have an influx
16 of 300-500 students straight from Spain every summer. Unfortunately the setup they have is very
17 narrow and they do not get to view Ithaca or our country. Their parents spend a fortune to get them
18 here. They think they're learning English; they go to a class for maybe 4-5 hours a week and that's
19 the English they get. If I live in a Spanish community, it's natural that I'm going to speak Spanish.
20 Their access to the community is rather limited. I think that there are other people that come over
21 who are not here as students. Some of them come over as a family and only part of the family can
22 speak English to any extent and they feel lost. It would be good for them but I think it would be
23 good for our students who are taking Spanish. You can have the class and read and write it and
24 then you get to the country and you're totally lost. A professor that taught Spanish went to
25 Cordova, Spain to do some research and found he could not communicate at all. It would be nice if
26 there were a Spanish channel and also an American broadcast in Spanish. There is such a
27 difference between what we see and hear here and when we go over there. It would be nice for
28 them to be able to hear what is broadcast on our news in their own language so they have some
29 concept of it. Some of them come here and don't get as expanded a view as they should. Ithaca is
30 unique in the variety that we have from all over the world and I think it's one of our greatest assets
31 and we should use it both ways. We should try to get to know them and I would like to show them
32 more so there is more than the classes they took. If nothing else an American newscast but in other
33 languages. We do have SCOLA which gives us newscasts in other countries but it is their
34 newscast.
35
36 Phil Smith, General Manger of Time Warner Cable: I had not intended to speak but I wanted to
37 correct a piece of information regarding public safety that was brought up tonight. We have had at
38 Time Warner for the last 10 years as part of our city franchise an emergency alert system that is
39 called for in the city franchise that had been accessible up until very recently by the Mayor. We're
40 at the very tail end of installing a new emergency alert system. It's actually been in place since the
41 middle of last summer- considerably more sophisticated than what we had in the past. It allows us
42 to interrupt both the audio and video on every channel briefly and then direct subscribers to our
43 local origination channel for further detail. That system is tested twice a month automatically and
44 is also triggered by a whole variety of levels of warning from the National Weather Service. It
45 works fine. We're just testing a remote access to that so that for example the Mayor's office can
Tompkins County Cable Franchise Renewal Consortium
Public Hearing#2
Page 9 of 13
1 access it. However, what we're talking about in my office is that a remote access more properly
2 belongs in the911 center now that have one.
3
4 Alan Cohen: The city is currently setting up an Emergency Operations Center which would be
5 most appropriate for this we welcome the opportunity to talk more about this.
6
7 Theresa Robinson, Town of Groton: The Village has their TV set up and it is connected but it
8 isn't part of our domain. I'm a novice at this but several of the requests that I've had are from
9 people who live out in the country who would like to have cable so they can have their home
10 businesses. One in particular has a business that is in the south but he runs it from his home and he
11 would very much like to have cable. We would surely like to have everything that is new and
12 wonderful in the Town of Groton out in the country so we can stay there and enjoy all the rest of
13 the world.
14
15 Jean Finley: Diversity of the community: I think we should require some version of SCOLA I
16 programming (news in foreign languages) and some version of SCOLA II programming
17 (entertainment in foreign languages)besides Spanish because this is a very diverse community and
18 there are a lot of people who would appreciate this type of programming. We have to be careful to
19 realize we have community needs which may not be identical with Time Warner's financial needs
20 as far as profit making with the majority people and that we should protect and include the
21 minorities. Senior citizens and people with disabilities should not be excluded
22
23 Senior citizens and people with disabilities: Right now there is a needs-based senior citizen
24 discount in the city franchise and it should be extended to include people with disabilities. It
25 should be as it is now in Titus Towers. After much negotiation, all people in Titus Towers are now
26 eligible because they are HUD qualified as below the needs-based level. I think that should extend
27 to any of the elderly in any of the City housing projects or any similar projects that are HUD
28 qualified. That process should be made easy - a sworn statement in your municipality that you
29 make below this guideline, which they can require that you back up with documentation if they
30 think it is necessary. The system itself should be accessible for people with disabilities. The
31 government meetings and other local programming should be at some time within the period of this
32 contract be closed-captioned for people who are hearing-impaired. As soon as the equipment that
33 can do multiple voice recognition easily is on the market,there should be something in the contract
34 that requires it for local TV. The same goes for carrying some channels that have a description of
35 the action for people with visibility-impairment. I think that all facilities of Time Warner should be
36 handicapped accessible and this includes any new access facility. There should be enough room
37 so that people like me who are in a wheelchair should not have to stand up to put something in a
38 deck to edit it,for example, and it should also include the employee areas so that people with
39 disabilities can be hired. This should be considered a reasonable adaptation and should built in
40 from the very beginning so there should be no discrimination against people with disabilities.
41
42 Local Origination Leased Access: Time Warner has been doing an excellent job with Channel 7. I
43 would like to see a different news broadcast in the morning and a different one at 11 at night. It
44 was sort of by verbal agreement at the beginning of the last franchise and it went on for 6 months
45 with multiple independent newscasts per day. Then there was Black Friday when more than half of
46 the staff at Ch. 7 was fired. We should somehow come to an agreement that we want more
Tompkins County Cable Franchise Renewal Consortium
Public Hearing#2
Page 10 of 13
1 newscasts done independent of each other. We need the local news diversity. I think also local
2 leased access should be made more viable. There is some language of this sort put in the public
3 access report. It would be nice to have the capability of having local groups do something like
4 newscasts, give sponsored restaurant reviews etc., and we have suggested in the local public access
5 report that this be managed by the Chamber of Commerce and that there be a local leased access
6 station that is under management that is separate from Time Warner. I would like to see a variety
7 of programming on Channel 7 too with sponsors sponsoring local programs rather than sponsoring
8 all ads.
9
10 FM Radio and Micro Radio: Radio is one of the most unknown resources of Time Warner Cable.
11 There has to be real outreach on that, like a written notice that goes out to subscribers that they
12 have radio. Customer service representatives should inform new subscribers that there is radio and
13 it's free. They have a real variety of public and commercial stations from all sorts of surrounding
14 areas and it gives a real variety of people who are making programming decisions. This gives us
15 that vitality of a democratic society that I think is necessary so I'd like to see FM radio expanded. I
16 don't think in this age we need any longer a clause that says something about stereo simulcasting
17 with TV programs because people who are interested in that have good TV systems with good
18 audio components which didn't exist when our last contract came out.
19
20 Pauline Layton: I'd like to speak about the Pegasys staff. It's true that in the past 10 years or so
21 the main person has been continuous, which is a good thing. But the other staff people have come
22 and gone at a great rate. Lauren Stefanelli has had to spend a lot of her time just teaching new
23 people the job and the next thing you know they move on to a better paying job somewhere else.
24 This begins to suggest that these people are really not being paid enough so you might consider in
25 the next franchise agreement some way to pay them more.
26
27 Fay Gougakis: I second what she said about Lauren. She's great. She's been there for so long
28 and she's done a great job. The other concern that I have is about costs. When we talk about all the
29 things that we want, when you tally it up, is that going to affect the cost of even basic service?
30 Somebody who is low income might not want to spend $20 or$30 on basic service. So someone
31 who just wants the basic service should not have to pay for that. As I was saying before, it's
32 wonderful that we have freedom of speech but I think there comes a time when there is a clear
33 difference between something that's right and wrong. I think that we're coming to an age where we
34 can do just about anything. I'm not a technical person but what bothers me about the future is that
35 our privacy will be taken away, and freedom of speech will be taken to the point where there will
36 be abuse. Child pornography is on the Internet now. I think that it's a sad metaphor for humanity
37 that we can fly and have cars but we haven't reached peace and haven't been able to cure the ills of
38 humanity. The thing that scares me is the more technical we get, the more trees we cut down,the
39 more pollution we add to the planet, all that is going to be left is the high tech equipment and us
40 humans. It all boils down to responsibility. I think that we have a responsibility to not trash our
41 access. I'm concerned about the children who tap into our cable access and are subjected to verbal
42 abuse and body abuse.
43
44 John Coleman: I would like to second the comments that were made about access for people who
45 are candidates for local office. I'm not sure what the proposals are in this regard but it would seem
Tompkins County Cable Franchise Renewal Consortium
Public Hearing 42
Page 11 of 13
1 to me that Channel 7 would be the logical place since it's equipped with staff. They should be
2 provided a camera crew or whatever they need.
3
4 Jim Walker: Free speech and responsibility: AOL operates moderated chat rooms and discussion
5 groups which at times has led to a number of problems. It has become such a large entity that even
6 though it is in the private domain and it does not have an obligation to our First Amendment, its
7 market share has become so enormous there have been some challenges to that. But there are many
8 people that want a safe environment and what that means is going to mean different things to
9 different people. Public access is a First Amendment media and I don't think you can get around
10 that. The municipal government is involved in it;we have to deal with the issue of prior restraint.
11 As things stand now the producer takes full responsibility for his programming and could be
12 subject to any legal actions. I realize it's difficult for people who may have been slandered. At
13 times I've thought there should be at least a voluntary code of ethics and I don't see what the harm
14 of that is. You can do things in terms of partitioning different blocks of programming at different
15 times, but I think its very critically important that individual subscribers should have the ability to
16 not get any channel they feel is offensive for whatever reason. But at the same time no commercial
17 entity or any entity should be allowed to come between the viewer and what is offered on the cable,
18 so no types of proxy services should be allowed to screen out certain channels. It should be
19 entirely at the discretion of the individual viewer and anything that can be written into this current
20 franchise agreement that would direct that kind of capacity to block channels by the individual 1
21 strongly encourage.
22
23 Jean Finley: Micro-radio: Micro-radio might be a real possibility. The FCC started its public
24 comment period today on allowing micro-radio (low amplitude, low wattage community radio) and
25 I think the language of our contract should allow that. If say someplace like Southside might have
26 an access radio station they might also want to broadcast the same programming at the same time
27 over the air, I think that our franchise should make clear that this is at the producers' discretion or
28 that Friends of Access for instance could buy equipment and broadcast over air should this become
29 legal.
30
31 Educational Access: I would like to see every school board meeting cablecast in some way. I think
32 we should follow up on the provisions for this in the Social Contract between Time Warner and the
33 FCC and we should take advantage of any services that are provided to the schools.
34
35 Cautionary Notes: All of our understandings with Time Warner Cable must be in writing. I dealt
36 with the last franchise and I've seen many things fall by the wayside - not always on purpose but
37 through changes in Time Warner personnel or changes in cable commissioners, and the past is
38 sometimes forgotten. We've got to put every part of the agreement in writing. And any requests
39 we make for channel allocation should be in megahertz. We get more from requesting it in
40 bandwidth than channels because little spaces between the channels can be used for data, for radio
41 stations, for program information screens, etc.
42
43 INET: I have a list here of proposed INET sites which are places from which I have arranged for
44 people to tape or cablecast public meeting over the past 4 years. Public Service Video Project and
45 its predecessor have taped many meetings in all sorts of locations in the county and many of these
46 would be just as well or better done if they could be cablecast live.
Tompkins County Cable Franchise Renewal Consortium
Public Hearing#2
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1
2 I suggest that Fay read the PEG report. I think you would be quite satisfied with the provisions to
3 give everybody what they want in the way of censorship or no censorship. There are some
4 community-controlled channels in it for which boards set the dialogues as well as free speech
5 channels and requirements for easy blocking. I think this will fit the needs of almost everybody in
6 the community.
7
8 Jim Blizzard, Town of Danby: I want to reiterate what people are saying about the Spanish
9 language channel and Americans news broadcasts being given in other languages. I go to the
10 Chinese restaurant a lot and one time one of the staff asked me if we were in a war she heard
1 l something and didn't know if we were at war with someone. She speaks English but can't pick it
12 up fast enough off of the radio to know what is actually going on and had to ask a customer if we
13 were at war. I think it's possible if you think creatively to work something out with the schools
14 who have language programs to do a news show from there or TC 3 or something like that and
15 there are foreign language clubs in different universities around here. A little cooperation and
16 creative thinking could work that out. I heard a comment about wasteful technology, cutting down
17 trees, and so forth; but I see the cable system the other way around. Once we are wired, you're
18 sending electrons across a wire to get an unprecedented amount of communication ability. Years
19 ago people had to ride in wagons or horses to go talk to other people. Now we have to use cars and
20 so forth to go to meetings. It is wasteful if our only option to go to meetings or other places is by
21 driving there. Anytime we can do distance learning in an effective way or allowing people to see
22 the actions of government from home, it's saving us natural resources. I agree with the idea that
23 political candidates should be able to go easily on television, whether it's on Channel Tor some
24 other channel. Maybe the Tompkins County Public Information Program would be an ideal group
25 to do that because its mission is to inform the public about the actions of government and the
26 capability of government services that are available. It is also meant to educate the legislators
27 about what people think. The idea is that the public can address legislators about topics they have
28 in mind. It's another feature that I'd like to see - sort of an open mike for the public to come in and
29 address our local government. I've heard requests for portable equipment packages that are easy to
30 carry. There are options for equipment to do a portable shoot. There are a range of options pros
31 and cons for different things. There are systems with small individual components that are hard to
32 figure out how to wire, or there is a big rack that you can just plug in and its ready to go. I would
33 like to encourage you as you are talking over what equipment needs you have for this franchise
34 period to talk to me and others and find out what's available. There is a e-mail list on the internet
35 from the Alliance for Community Media where they discuss topics like this and bounce ideas back
36 and forth so you don't have to be in the dark when you're considering something like this. There
37 has been a proposal about setting aside some public access channels in different categories than
38 other access channels so that some kind of local body can set arbitrary limits on what can be shown
39 on those channels and then anybody that uses that channel would have to abide by those rules.
40 There would also be separate channel where there is no limitation except the existing limitation on
41 a public access channel where you can't show commercial programming or illegal programming. It
42 used to be that only obscenity and commercial programming were banned. So I think we should
43 continue to have an unrestricted public access channel that is only restricted by law and not by a
44 local government and also have the option of blocking out the whole channel.
45
Tompkins County Cable Franchise Renewal Consortium
Public Hearing 42
Page 13 of 13
1 Fay Gougakis: From my understanding it doesn't exist with cable access right now that if there is
2 a program in the category of obscenity it would not be on before 10 pm. That was talked about a
3 couple of years. I think that unless we take this seriously we're going to see more abuse and there
4 might come a day when people are going to say we don't want this.
5
6
7 There being no further comment, the hearing was adjourned at 9:15 PM.
8
9
10
L
i
REQUEST FOR CABLE FRANCHISE
RENEWAL PROPOSAL
FOR THE ITHACA AREA CABLE CONSORTIUM
July 19, 1999
PREPARED BY:
Rice, Williams Associates
601 Pennsylvania Avenue, NW
Suite 900
Washington, DC 20004
i _ I
The Ithaca Area Cable Consortium
City of Ithaca
Town of Ithaca
Town of Lansing
Town of Caroline
Town of Groton
Town of Ulysses
Village of Lansing
Village of Trumansburg
Village of Dryden
Village of Cayuga Heights
Village of Freeville
T i
TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
I. Minimum Requirements............................................................................................................3
SubscriberNetwork .............................................................................................................3
ConsumerCompatibility......................................................................................................7
ConsumerServices...............................................................................................................7
Interconnection .....................................................................................................................8
Programming........................................................................................................................9
Access ................................................................................................................................10
GovernmentAccess...........................................................................................................10
EducationalAccess............................................................................................................12
BOCES...................................................................................................................12
PublicSchools........................................................................................................13
Cooperative Extension...........................................................................................13
PublicAccess.....................................................................................................................13
PEGAccess Programming.................................................................................................13
Current Video Programming..................................................................................14
Institutions Needing to Provide Local Programming............................................16
AccessRequirements.........................................................................................................19
Main Studio Needs Enlargement, Redesign..........................................................21
Access Center Must Be Centrally Located............................................................21
MoreEquipment is Needed ...................................................................................21
Equipment Must Be Maintained, and Replaced When Outdated..........................22
Studio Hours and Staffmg Need to Be Increased ..................................................22
Additional Video Drops Are Needed.....................................................................22
Future PEG Equipment Requirements...............................................................................23
InstitutionalNetwork.........................................................................................................25
Potential Institutional Network Users....................................................................25
Current Coaxial Network Background..............................................................................29
SystemDescription:...............................................................................................30
Operations and Management.................................................................................31
TheFuture:.............................................................................................................33
Coaxial I-Net Requirements ..............................................................................................34
Fiber Optic Upgrade of Existing I-Net ..............................................................................37
Fiber Optic I-Net Extensions.............................................................................................38
Internet...............................................................................................................................39
EmergencyManagement....................................................................................................40
Regulationof the Franchise...............................................................................................40
FranchiseFee.....................................................................................................................41
Pilot and Experimental Projects.........................................................................................41
FranchiseTerm ..................................................................................................................42
II. Evaluation Criteria.................................................................................................................43
i
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Section I Ownership, Experience and Financial Resources..........................................................47
A. Applicant..............................................................................................................:.......48
B. Ownership Information................................................................................................49
C. Experience....................................................................................................................53
D. Financial Commitment.................................................................................................55
Section II Financial Experience and Projections ..........................................................................56
A. Financial Experience and Projections..........................................................................57
B. Pro Forma Assumptions...............................................................................................62
Section III Construction and Service............................................................................................65
A. Service Area.................................................................................................................66
B. Construction Practices..................................................................................................67
SectionIV System Design............................................................................................................69
A. Channel Capacity.........................................................................................................70
B. System Design..............................................................................................................71
Section V Channel Allocation......................................................................................................74
A. Access Channels ..........................................................................................................75
B. Radio Services..............................................................................................................76
C. Summary of Channels by Tier.....................................................................................77
SectionVI Rates ...........................................................................................................................78
A. Rates & Charges...........................................................................................................79
Section VII Local Programming...................................................................................................80
A. PEG Access..................................................................................................................81
Section VIII Institutional Network Services................................................................................84
A. Experience....................................................................................................................85
B. Institutional and Subscriber Drops...............................................................................86
C. Institutional Network Design.......................................................................................87
Section IX Equal Employment Opportunity and Equal Business Opportunity............................91
A. EEO and EBO..............................................................................................................92
ii
i t
SectionX Consumer.....................................................................................................................94
A. Privacy.........................................................................................................................95
B. Consumer Complaint and Repair Procedures ..............................................................96
C. Billing Practices.........................................................................................................101
Section XI Innovative Projects ...................................................................................................102
A. Description.................................................................................................................103
Section XII Term of Franchise....................................................................................................104
A. Term of Franchise......................................................................................................105
iii
{ 1
INTRODUCTION
In preparation for the cable television renewal process, the City of Ithaca, Town of Ithaca,
Town of Caroline,Town of Groton,Town of Lansing, Town of Ulysses, Village of Lansing,Village
of Trumansburg, Village of Dryden, Village of Cayuga Heights, and the Village of Freeville,New
York, (The Ithaca Area Cable Consortium) conducted in-depth analyses of the future cable-related
needs and interests of Ithaca. As part of the needs assessment process, the Consortium retained Rice,
Williams Associates (RWA), a consultant firm, to conduct a consumer market survey, a community
needs analysis, and a technical evaluation. (See attached reports.) The Consortium also convened
public hearings on the renewal of Time Warner's franchise. (Summary of minutes is attached and
copy of audiotape of proceeds is available upon request.) The Consortium established two Task
Forces: one on public education and government access (PEG Access Task Force) and one on
institutional network(I-Net/Technical Task Force). The Task Forces submitted reports on current
and future community needs. (Copies are attached.) The Tompkins County Intermunicipal Cable
Commission, and numerous Consortium officials and staff participated in the cable franchise renewal
needs assessment process.
Based on the needs assessment,the Consortium has established minimum standards for cable
service in Ithaca which are contained in this Request for Renewal Proposal (RFRP) document. In
accordance with the provisions of the Cable Communications Policy Act of 1984, the Cable
Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of
1996, this Request for Renewal Proposal is being issued to the current cable operator in Ithaca, Time
Warner Cable.
The deadline for submitting eleven, (11) copies of Time Warner's renewal proposal to the
Consortium which responds to and has the information required by the Consortium's Request for
1
Renewal Proposal is within ninety (90)days of receipt of this RFRP. Any questions regarding the
RFRP and the proposal response should be directed to Mr. Thys Van Cort, Planning&Development
Director, City of Ithaca, 108 East Green Street, Ithaca, NY 14850, (607) 274-6550.
2
a r
I. Minimum Requirements
The Consortium franchising authorities have established a number of minimum
requirements and specific priorities related to the cable communications franchise. The application
by Time Warner Cable (Time Warner), for franchise renewal must meet each of the minimum
requirements and reflect a commitment to the priorities outlined below and provide all information
requested herein. Time Warner is encouraged to present proposals in the areas encouraged by the
Consortium. In this Request for Renewal Proposal, the terms "Applicant" and "Company" are used
to refer to Time Warner and the term "Franchisee" is utilized when referring to requirements that will
be included in any new franchise.
Subscriber Network
The Consortium requires the Company to provide a cable network offering continuous,high
quality service to residential subscribers. The Consortium places a high priority on plans to meet
the current and future cable-related needs local residents. Time Warner has upgraded the cable
television system to 750 MHz. Information on the upgrade is required herein.
The Consortium makes the following subscriber network requirements:
■ That cable service be provided to all residential dwelling units within the Village of
Lansing, Village of Trumansburg, Village of Dryden, Village of Cayuga Heights,
West Groton, and the Village of Freeville and to every dwelling unit and developed
property in the City of Ithaca. In other areas of the Consortium, service shall be
provided to all residential units with a minimum of fifteen(15)residential dwelling
units per cable mile within the boundaries of other Consortium communities; to all
residential dwelling units of other Consortium communities with a density lower than
fifteen(15)based on a line extension formula; to a lower density as the term of the
contract progresses.
■ That the Consortium seeks non-residential service line extension formula for the
delivery of service to non-residential areas which will expand the number of non-
residential establishments that can receive cable for normal cost of installation and
at cost.
3
i l
■ That cable service be provided to any commercial development of 100,000 square
feet and 100 jobs at the owner's request.
The Company is strongly encouraged to provide service to industrial parks and office
complexes.
The current upgrade being constructed for Ithaca will be sufficient for a franchise of a short
duration. If the Company seeks a longer term, the Consortium requires the Franchisee to have a
proposal which provides for state-of-the-art system upgrades and services throughout the term of the
Franchise. The Consortium finds the following state-of-the-art clause acceptable: "In the event the
Company, its parent company, management firm or affiliates have installed state-of-the-art
improvements in services, equipment, or facilities in at least twenty percent(20%) of its other cable
systems of similar size owned by the Company, its parent company, management firm, or affiliates,
which increases channel capacity, provides improvements in technological performance, provides
for interactive services, provides for digital programming and/or other substantial improvements
available, then Company shall make said improvements available to the Consortium subscribers
within one (1) year. Or in the event that Company or other Franchisees within the sixty miles have
a greater channel capacity, have improvements in technological performance, provides for digital
programming and/or other substantial improvements, then Company shall install said improvements
within one (1) year, unless for reasons beyond the control of the Company the improvements cannot
be installed within one(1)year. The Consortium franchising authorities may hold hearings on state-
of-the-art technology every third year of the franchise. Such hearing shall afford Company an
opportunity to make a presentation on the state-of-the-art and whether the conditions specified herein
indicate that a state-of-the-art change is needed. The franchising authority may require Company to
perform upgrades which meet the threshold specified herein.
4
The Company's time table for providing digital video services should be provided.
The Consortium also encourage the following facilities to provide:
■ Backup power supplies throughout the network
■ BTSC stereo pass-through for all broadcast and satellite stereo channels
■ Replacement of subscriber drops which do not meet specified tests or grounding
requirements
■ Parental control devices and video and audio scrambling of primarily adult
programming.
The Company is encouraged to utilize status monitoring throughout the system.
House drops are required to conform to code requirements. Proper grounding is of prime
importance as a safety issue. The Consortium requires that service technicians check the service
drop grounding whenever making a service call for proper grounding capability or that the Company
institute a subscriber drop audit program. For drop installations, the service technicians program
should include replacing drop splices whenever they are encountered,mounting ground blocks on
the house, review of route of the drop from the block to the point of entrance into the house, check
for acute bend in ground wire and sufficient service loops, conducting technical tests, and using
weatherproofing material in wall penetrations where none exists. Compliance with maximum
ground conductor length, as well as corrosion with the grounds when they are located within
pedestals should also be reviewed. All drops which are found to have insufficient grounding should
be brought up to Time Warner Cable's subscriber drop standard. Drop installations should also be
checked for visual aesthetics and whether cable attachment to the dwelling was missing or loose.
The Company should provide a plan for logging such service technician checks so that the within
a two year period, the Company can certify to Consortium communities that all drops in their
boundaries conform to the requirements specified above.
5
Access channels should be available for simultaneous programming throughout the
Consortium unless otherwise specified by an individual municipality.
The technical inspection performed by RWA found that the off-air channels for Syracuse
should be improved and that the Company has plans to transport these signals over a fiber optic link.
The Consortium requires that the Company use its best efforts to construct the link in an expedient
manner. A proposal for the timing of the interconnect is requested.
In addition, please provide a plan for investigating with Channel 57 the electrical
interference problems they are having.
During RWA's technical inspection, clearance violations were found between the cable plant
and the utilities. These violations should be addressed and eliminated to bring the entire plant up
to NEC and BellCore standards. In some places the cables actually touch one another. The
Consortium requires that the Company conduct a system-wide audit of the aerial cable plant to
identify any code violations and rectify them. It should be noted that many of the violations
encountered appeared to be caused by other cable owners.
Some subscribers indicate picture quality problems with Channel 8. Please provide a plan
to improve the picture quality of Channel 8.
Consumer Compatibility
The Consortium requires the Company to prepare a plan describing how the system will
meet FCC consumer compatibility regulations, be consumer friendly and compatible with cable-
ready television sets, stereo television, VCRs, remote control devices and other consumer products.
6
C C
The Company is required to indicate how high definition television and digital compression,
when available, will be integrated into the system. The Consortium seeks a plan describing how the
Company will keep the Consortium informed about developments in HDTV and other technological
developments.
Consumer Services
The Consortium seeks a high level of consumer service. Outages were indicated to be a
problem. Please provide the Company's rebate policy and a plan to reduce outages.
Results of the Consumer Market Survey found that 22% of those requesting repair service
during the past year made requests for more than two repair visits. Please provide a plan for
minimizing the number of repeat repair calls.
Only 41%of those requiring a repair call in the Consumer Market Survey reported that the
repair service was scheduled within 24-hours or less. Please provide a plan for increasing the
percentage of subscribers receiving a service call within 24-hours of a request.
Some subscribers indicate interest in programmable remote controls. Please indicate the
Company's plans or offerings in this area.
The Company is requested to provide a plan to decrease the amount of time subscribers have
to wait for installation of cable service
The Consortium requires the Company to provide a plan for decreasing the percent of
subscribers calling the Company which receive a busy signal and decreasing the length of time
subscribers are put on hold.
The franchise will contain late charge standards. The Company is requested to provide
information on current late charge practices.
7
The Consortium requires the Company to provide a plan for promptly responding to citizen
complaints forwarded by franchising authorities and providing a written summation of the action
taken to the relevant franchise authority representative. The Consortium requires the Company to
make reasonable accommodations, upon request, for people with disabilities, including being ADA
compliant. The Consortium encourages the Company to provide user friendly subscriber technology
upon request.
Interconnection
The Consortium requires interconnect to all Consortium institutional network locations(See
Institutional Network section) and to interconnect the access channel(s)as requested by each
franchising authority. The Company is required to provide interconnection to the access channels
for institutions transmitting access programming on the institutional network. The Company is also
required to interconnect and deliver the educational access channel(s) programmed by the Ithaca
School System with the cable system in Enfield.
The Consortium seeks interconnection of the Consortium's access channels with surrounding
jurisdictions on a full-time basis if agreed to by respective franchising authorities. The Company
should provide a plan for such interconnection. Such a plan should specify channel capacity,
technology(e.g., coax, fiber,microwave), estimated cost and cost sharing proposals, and time frame
for activation, and any economic viability issues to be considered.
8
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Programming
The Consortium seeks a diverse package of high quality cable services. The Company
should specify which services it intends to provide as part of its basic cable service tier, other tiers
of service, and pay offerings. Subscribers also indicated interest in programmable remote controls
and additional channels offered on an a la carte basis. The Consortium has received a strong appeal
from the community for a Spanish language channel (See attached request). The Consortium
strongly encourages the Company to provide a full-time channel for this broad category of
programming. The Consortium has received input on the basic tier of service such that the tier has
been requested to include an all weather channel, a 24-hour news channel (e.g. CNH and C-SPAN
II. The Consortium encourages the Company to provide these channels on basic. In addition, at the
public hearing, input was received that individuals would like to have the following channels on the
network: SCOLA H; Descriptive Video Service for the Blind; additional NPR and PRI FM stations.
Requests were also made for Canadian stations, a French language station and BET Jazz.
The Consortium encourages the Company to provide a universal
access channel service tier which would include all access channels
and be available to all subscribers solely for the cost of
installation.
Access
The Consortium is pleased with access channel development over the term of the prior
franchise and based on the Consortium's assessment of community needs finds that it will continue
to flourish and to grow and that additional resources are needed.
9
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Government Access
The PEG Access Task Force report summarizes the history of government access and
resource needs as follows.
"Programming for Time Warner's government access Channel 53 started in
1992. A Government Access Cable Commission (GACC) was established to set
policy and direction for the use of the channel. The GACC, discontinued in 1995,
had County-wide membership and set a precedent for intermunicipal coordination
of cable issues. The bylaws that it formulated are still in place and because they
anticipated more intensive use of government access channels than has yet
materialized, will probably serve well in the future.
"Channel 53 [new Channel 15 , averages 30-35 hours a week of
programming consisting mainly of live cablecasts and taped replays of City of
Ithaca and Tompkins County meetings. Taped reports from NYS legislators,
teleconferences downloaded by Cooperative Extension, and some edited magazine-
style programming are also broadcast.
"City of Ithaca meetings (Common Council plus three committee meetings
a month) are cablecast using equipment and staff supplied by Time Warner. County
meetings are cablecast with equipment supplied by Time Warner and the County,
but staff is paid for by the County, through a contract of around$24,000 annually
with Cooperative Extension. The County maintains a control room/editing suite in
the County Courthouse from which it originates live cablecasts, operates a video
bulletin board, and operates all playback of taped programs for the channel. The
10
bulk of the equipment used by the County is on loan from Time Warner,but other
costs, for equipment repair or purchase, for example, are paid for by the County.
"High-quality broadcasts are essential to building and maintaining
viewership of government access programming. Tompkins County cablecasts are
of noticeably superior quality to City of Ithaca cablecasts. City cablecasts are
accomplished with inadequate equipment that hampers the Time Warner-supplied
crews from doing a good job. The result is a lesser quality broadcast that reflects
poorly on the government access channel as a whole. Several improvements are
essential for upgrading City Hall broadcasts, including a separate control room and
additional equipment. Staffing problems also need to be addressed.
"Towns and Villages that request government access services must be
provided with adequate equipment,connections,and provisions for staffing that will
assure a high standard for programming, or funding for that purpose. If technically
possible,Time Warner should also supply government access programming to other
cable companies serving Tompkins County residents."
Educational Access
The PEG Access Task Force report summarizes the use of access and the need for new
resources by educational institutions as follows.
"Ithaca College is, and will probably continue to be, the leading education
cablecaster in the area. IC's video communications program has a strong
partnership with the Time Warner system that it wants to maintain and expand.
More video drops and more connectivity between buildings at the campus and the
11
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Time Warner hub would enhance the IC program and would also add more venues
for community programming.
"In addition to IC, the other colleges in the area need opportunities for
access. In particular, TC-3 — which offers career-oriented video education — is
very interested in tapping into services that could be provided by Time Warner.
"BOCES:
BOCES programs in Continuing and Adult Education, Special Ed,
vocational training and other programs could greatly enhanced by the addition of
Time Warner supplied resources.
"Public Schools:
Ithaca High School has a thriving video program that trains both students
and adults through classes, professional development workshops, and summer
media camps. Trained individuals often go on to produce useful educational and
community programming. Video equipment has also been placed by Time Warner
at the Alternatives Community School and Boynton Middle School. The schools
have a list of needs that includes regular maintenance of existing equipment,
equipment upgrades, ability to relocate underutilized equipment, live cablecasting
for Board of Education meetings, and new sets of equipment and video drops for
all public schools that request it and will use it.
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"Cooperative Extension:
Cooperative Extension, already on the I-net, is a major potential producer for
relevant, locally-oriented, and useful educational programming. Extension needs
adequate video production equipment and technical support by Time Warner."
Public Access
Public Access has been used extensively.
PEG Access Programming
Following is a summary of PEG access use indicated by respondents to the Communty
Needs Assessment summary.
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CURRENT VIDEO PROGRAMMING
TYPE OF FORM OF FREQUENCY OF
ORGANIZATION PROGRAMINIING PRESENTATION* PRESENTATION
Government
Public Health Tapes from NTYS DOH Local access Occasionally
Administrator, Tompkins channel
Co. Public Health Dept.
Deputy Co. Administrator, Board meetings; Local access Daily
Tompkins Co. Criminal Bulletin board channel
Justice Services
Acting Director, Tompkins Public meetings Local access Weekly
County Info. Tech. Svcs. channel
Commissioner of Planning, Workshops; public Local access Occasionally
Tompkins County Dept. of hearings channels
Planning
City Clerk, City of Ithaca City Council & Government 2 or 3 times per
Standing Committee access channel month
meeting on rotation
basis
Economic Development City Common Council; Government Weekly
Planner, City of Ithaca City Planning & access,channel
Economic
Development
Committee
Educational
Executive Director, Cornell County government Government & Weekly
Cooperative Extension meetings public access
Association of Tompkins
Count
Principal, Boynton Middle Varies Local access Daily
School channel; publicity
Superintendent, Education Classrooms Occasionally
Trumansburg Central
School
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F- CURRENT VIDEO PROGRAMMING
TYPE OF FORM OF FREQUENCY OF
ORGANIZATION PROGRAMMING PRESENTATION* PRESENTATION
Educational (Cont'd)
High School Principal, Video conferencing Compressed video Daily
Trumansburg Central ISDN line
School District/Dickerson
High School
Director, Instructional Satellite downlink for Local access Occasionally
Support Svcs., teleconferences; plays channel
Tompkins-Seneca-Tioga
B.O.C.E.S.
Executive Director, The Opportunities for Weekly
Learning Web youths and mentors
Principal, Ithaca High "Lake Street News," Local cable access Weekly
School 30-120 minutes of channel
news, features,
performance, lectures,
etc.
Dir of Info. & Instr. TV programs created Group meetings; Occasionally
Technologies, Ithaca City by students educational access
School District channel
Principal, DeWitt Middle Videos of student/ Local access Occasionally
School school events by channel
students and staff
Civic Organizations/Other
Coordinator, Amnesty Amnesty International Local access 3 times a week
International USA, Group - Ithaca channel
#73
Program Director, Finger Current event show on Local access 4 times a year
Lakes Independence Center Agency channel
Civic Organizations/Other (Cont'd)
Dir. of Membership & Public forums Group meeting; Occasionally
Public Relations, Tompkins local access
Co. Chamber of Commerce channel
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CURRENT VIDEO PROGRAMMING
TYPE OF FORM OF FREQUENCY OF
ORGANIZATION PROGRAMMING PRESENTATION* PRESENTATION
American Red Cross Panel discussion & Unsure Occasionally
videos from National
Organization
Vice Chair-Voter Svcs., Political candidate Group meetings; 2 or 3 times per
League of Women Voters forum public TV; local year
of Ithaca cable access
channel
Better Housing for Tape of first-time Shown to first- Occasionally
Tompkins County home ownership time homeowner
Institutions and organizations that reported, in response to the community needs assessment
survey, that the attainment of their goals and outreach could be improved by programming provided
or produced for and carried over cable access channels are as follows.
INSTITUTIONS NEEDING TO PROVIDE LOCAL
PROGRAMMING
ORGANIZATION
Government
Chief, Lansing Fire Department
Commissioner of Public Works, Tompkins County
Public Works Dept.
Government(Cont'd)
Public Health Administrator, Tompkins Co. Public
Health Dept.
Supervisor, Town of Ithaca
Deputy Co. Administrator, Tompkins Co. Criminal
Justice Services
16
INSTITUTIONS NEEDING TO PROVIDE LOCAL
PROGRAMMING
ORGANIZATION
The Honorable Mr. Phillip R. Rumsey, Supreme
Court Justice of Tompkins Co.
Planning Director, Tompkins County Economic
Opportunity Corporation
Library Director, Tompkins County Public Library
Asst. Superintendent of DPW, City of Ithaca, Water
& Sewer Division
Superintendent of Highways, Village of Lansing
Supervisor, Town of Ulysses
Codes Officer, Village of Lansing
Acting Director, Tompkins County Info. Tech. Svcs.
Clerk/Treasurer, Village of Lansing
Chair, Planning Board,Village of Lansing
Commissioner of Planning, Tompkins County Dept.
of Planning
County Administrator, Tompkins Co.
Administrator's Office
Chief, Slaterville Springs Volunteer Fire Company,
Inc.
City Clerk, City of Ithaca
Government Cont'd)
Chair,Planning Board, Village of Dryden
Building Commissioner, City of Ithaca, Building
Dept.
Asst. Superintendent of Public Works, City of
Ithaca, Streets &Facilities Div.
Mayor, Village of Cayuga Heights
17
INSTITUTIONS NEEDING TO PROVIDE LOCAL
PROGRAMMING
ORGANIZATION
Superintendent of Highways, Town of Ithaca
Commissioner, Tompkins Co. Mental Health Dept._
Educational
Executive Director, Cornell Cooperative Extension
Association of Tompkins County
Principal, Boynton Middle School
Superintendent, Trumansburg Central School
Director, CRESP, Cornell University
High School Principal, Trumansburg Central School
District/Dickerson High School
Director, Instructional Support Svcs.,
Tom kins-Seneca-Tio a B.O.C.E.S.
Executive Director, Community School of Music
and Art
Director, Media Services, Cornell University
Principal, Ithaca High School
Dir. of Info. &Instr. Technologies, Ithaca City
School District
Principal, DeWitt Middle School
Civic Organizations/Other
CEO, YMCA of Ithaca& Tompkins Co.
Coordinator, Amnesty International USA, Group
#73
Director, Women's Community Building
Executive Director, Finger Lakes Library System
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INSTITUTIONS NEEDING TO PROVIDE LOCAL
PROGRAMMING
ORGANIZATION
Dir. of Membership & Public Relations, Tompkins
Co. Chamber of Commerce
Director, Paleontological Research Institute
Executive Director, Hos icare of Tompkins Coun
Gadabout Transportation, Inc., Ithaca/Tompkins
Transit Center
American Red Cross
Development Associate, Family and Children's
Services of Ithaca
Vice Chair-Voter Svcs., League of Women Voters
of Ithaca
Resource Developer, Day Care & Child
Development Council of Tompkins County
Better Housing for Tompkins County
Access Requirements
The Consortium places a high priority on the continued development of access. The
following describes the minimum requirements for access.
■ The Franchisee shall allocate the following channels for access:
• No less than nine(9) access channels for government, education, and public
access with the Consortium franchising authorities designating the type of
access to be provided on each channel
• No less than six (6) audio channels for cable radio
• Capability for an access channel to provide pay per view programming, with
the Company to scramble and address the recipients.
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■ The access channels shall be placed on the basic tier of service and available to all
subscribers upon the request of Consortium franchising authorities, including those
in multi-family dwelling units (unless otherwise agreed to by the Company and
Consortium franchising authorities). The Consortium expects to request the
activation of an additional government access channel within six (6) months.
■ The Franchisee shall permit the educational and government access channels to be
utilized for closed-circuit programming. Such institutional programming will be
scrambled by the Company and viewable at selected public sector sites. The
Franchisee shall provide converters to free drop sites for the reception of the closed-
circuit programming.
■ At such time as the Franchisee expands the system channel capacity through digital
or other means, up to five percent (5%) of the channel capacity or equal HDTV
capacity shall be reserved for future access use.
Equipment and facilities are an integral component of access operations. Following is a
description of the Consortium's access equipment and facilities requirements.
The Consortium requires the following professional quality equipment and facilities for
government and educational access in Appendix A, Government and Educational Access Equipment.
Public Access Equipment Requirements:
The Consortium adopts the following findings of the PEG Access Task Force for public
access facilities and equipment.
"Main Studio Needs Enlarzement, Redesign
The small size and proportion of the main[Primaryj access studio severely
limit the types of programming that can be produced. The long, narrow shape
cannot accommodate desired community programming such as dance performances,
choral concerts, drama, live theater, telethons, public meetings, etc.
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"Access Center Must Be Centrally Located:
The studio site must: be located in downtown near the Time Warner physical
plant hub,have ample off-street parking,be on the city bus lines, and handicapped
accessible.
"More Equipment is Needed:
The Task Force recommends that production equipment donated by Time
Warner include full equipment for two large and one small studios, several
automated studios, and at least two easy-to-use portable studios. With minimal
expense and training, the automated studios will make access available to many
more individuals and organizations.
"Equipment Must Be Maintained, and Replaced When Outdated:
All donated or loaned equipment must be maintained by Time Warner.
Timely maintenance,replacement, and technology updates(such as digital replacing
analog) for all access studio equipment during the course of the franchise must be
assured.
"Studio Hours and Staffing Need to Be Increased:
The current 60 hours of operation(3-11:30 p.m., seven days a week) do not
allow maximum use of access facilities or encourage daytime use by not-for-profits.
To serve a broader population, studio hours and staffing should be significantly
increased.
21
"Additional Video Drops Are Needed:
Video drops are needed at key locations around the City as well as in the
surrounding municipalities so that portable studios can be used by not-for-profits
and the public."
The Consortium seeks to have the Company increase access studio hours earlier or later to
do public access.
The Consortium encourages the Company to address capabilities it could offer for consumer
choice regarding access channels as discussed in the Task Force report.
" Task Force recommends the following policies to accommodate both free speech rights and
informed customer-viewing choices:
1) Instituting some County-wide community-controlled channels.
Producers must agree to abide by standards determined by a County-
wide community advisory board.
2) Time Warner Cable should be required to provide to any customer,
free of charge, up to-date timed, channel-blocking filters.
3) Time Warner should cablecast and also post on the Internet up-to-
date schedules with program descriptions.
4) Instituting some single-community controlled channels-which would
be cablecast only to specific municipalities and available only to
customers living in that community.
5) Maintain separate County-wide free speech channels.
6) Requiring that Time Warner cablecast appropriate electronic v-chip
ratings if supplied by the producer/provider at the time of program
submission."
Future PEG Equipment Requirements
The PEG Access Task Force indicates that new technologies should be integrated into
equipment replacement and improvement plans.
"Training and equipment to match new technologies must be made available
in the future. Franchise language should include the possibility of municipal uses for
22
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new cable technologies, such as video return (reverse channels), and video
compressing or video streaming. Municipalities should automatically be included
in,or offered opportunities to piggyback on, new or upgraded technologies-including
those which have not yet emerged—when it can be shown a public need will be
served."
The Consortium requires sufficient funding for PEG access equipment and facilities to utilize new
technologies for production as they become available.
The Consortium requires the Company to maintain and replace all public, educational, and
government access equipment and to provide all necessary headend equipment for public,
educational, and government access. The equipment shall be replaced based upon wear and tear and
the normal useful life of each type of equipment. Replacement purchases shall take into account new
technological improvements
The Company is required to provide access origination capability (including transmission
or modulation equipment)via fiber optics from sites currently capable of cablecasting (e.g. Ithaca
City Hall) and from the following sites:
■ All Consortium Government Offices
■ All Studios
■ Fire Regional/Training Center.
The following sites are required to be provided with free drops, free converters, and free non-
premium service:
■ Public Schools
■ Institutions of Higher Education
■ Public Libraries
■ Buildings of Consortium governments
■ Additional sites at Ithaca College.
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Such drops shall be capable of supporting multiple reception points. The Company is
encouraged to provide multiple drops to educational buildings and government buildings and provide
a proposal for internally wiring government buildings and school buildings.
Just as the Company is expected to commit substantial resources to operate, maintain and
promote use and viewership of basic and premium entertainment services, so the Company is
expected to commit resources adequate to operate, maintain and promote use and viewership of
channels devoted to access. The Consortium therefore encourages the Company to agree to:
■ Continue to provide public access staff and services
■ Continue to provide production services for City of Ithaca meetings
■ Providing services for programming by other Consortium government
■ Providing training for school personnel
■ Providing publicity services for public, educational, and government access (e.g. bill
stuffers, ad avails for PSA's, bi-annual promotional mailer to subscribers).
The Consortium will place great emphasis on meeting government, educational, and public
access needs.
Institutional Network
The Community Needs Assessment survey found the following needs for an institutional
network.
POTENTIAL INSTITUTIONAL NETWORK USERS
ORGANIZATION LINKS TO SERVICE*
Government
Chief, Lansing Fire Department Central Station LDT; IVT
All Stations VS
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POTENTIAL INSTITUTIONAL NETWORK USERS
ORGANIZATION LINKS TO SERVICE*
Commissioner of Public Works, Airport (Brown Rd); LDT
Tompkins County Public Works Dept. Highway Div.
(Bostwick Rd);
SW Recycling Center
Commons Rd.
Public Health Administrator, All County buildings LDT; VT; IVT; I
Tompkins Co. Public Health Dept. and educational
facilities
Supervisor, Town of Ithaca 7
* IVT = Interactive Video Transmission; IST = In-Service Training; LDT = Local Data
Transmission; VS =Video Surveillance; I =Internet; VT = Voice Transmission; LAN
=LAN Connections
Government (Cont'd)
Deputy Co. Administrator, Tompkins Public safety sites; IST; IVT; LAN; LDT;
Co. Criminal Justice Services courts VT; I
The Honorable Mr. Phillip R. Rumsey, Ithaca City; All
Supreme Court Justice of Tompkins Tompkins County
Co. Municipal Building
Library Director, Tompkins County Main library & Internet access
Public Library reading centers
Supervisor, Town of Ulysses Town Hall IST
Justice; Public Works I
Codes Officer, Village of Lansing Village Officer IST; IVT
Hwy. Building LDT
Other Municipalities I
Acting Director, Tompkins County County agencies LDT; I; IVT; VT
Info. Tech. Svcs.
Chair, Planning Board, Village of Wastewater plant; VS; IVT; I; VT; VS; LAN
Dryden fire stations; CFR
Bldg.
25
POTENTIAL INSTITUTIONAL NETWORK USERS
ORGANIZATION LINKS To SERVICE*
City Clerk, City of Ithaca City Hall & other IST; I; LAN; VS; LDT
sites
City of Ithaca, Engineering Dept., ' Traffic signalization; LDT
Department of Public Works parking lots VS
Mayor, Village of Freeville County Building; LDT
Universities; . IVT; LAN
Town of Dryden to
Village of Dryden &
Dryden Schools
Mayor, Village of Cayuga Heights Schools IVT
* IVT = Interactive Video Transmission; IST = In-Service Training; LDT = Local Data
Transmission; VS =Video Surveillance; I=Internet; VT = Voice Transmission; LAN
=LAN Connections
Government Cont'd)
Asst. Superintendent of DPW, City of Water Facilities:
Ithaca, Water& Sewer Division 525 Third St. IST; VT
510 First St. LDT; I
202 Water St. VS
City Hall I IVT
Educational
Program Director, Finger Lakes Various IST; IVT; I; LDT; VT;
Independence Center LAN
High School Principal, Lansing High LCSD; other schools; IST; VT; LDT; I; IVT
School BOCES
High School Principal, Trumansburg Local school district IST; LDT; IVT; I
Central School District/Dickerson High
School
Director, Instructional Support Svcs., Local schools LDT; I; IVT; LAN
Tompkins-S eneca-Tio ga B.O.C.E.S.
Superintendent of Highways, Town of Current sites plus LDT; I
Ithaca Cherry Street Ind. VS; IVT
Park; State Theatre
26
POTENTIAL INSTITUTIONAL NETWORK USERS
ORGANIZATION LINKS To SERVICE*
Director, Media Services, Cornell Students/employees IVT; LDT
University Connect to the satellite
uplink of Media&
Technology Svcs. of
Cornell
Dir. of Info. & Instr. Technologies, All 19 School sites IST; LDT; IVT; I; LAN
Ithaca City School District
Elementary Principal, Trumansburg Library; designated IVT; LAN; I
Elementary School classroom
* IVT = Interactive Video Transmission; IST = In-Service Training; LDT = Local Data
Transmission; VS =Video Surveillance; I = Internet; VT = Voice Transmission; LAN
=LAN Connections
Civic Or anizations/Other
Director, Women's Community Various LDT; VS; IVT; VT; I
Building
Development Associate, Family and Cayuga& Seneca LDT; LAN; I
Children's Services of Ithaca Street locations
* IVT = Interactive Video Transmission; IST = In-Service Training; LDT = Local Data
Transmission; VS =Video Surveillance; I=Internet; VT =Voice Transmission; LAN
=LAN Connections
The Consortium requires the Company to provide an institutional network. In certain
instances, the Consortium will review institutional network options. In general, the Consortium
requires:
■ Existing Coaxial Cable Network. The continued use of the existing coaxial cable
institutional network with: increased capacity available for use on the network; a
reliable inventory of amplifiers and passives; response time requirements; testing
requirements; operational protocols
27
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■ Fiber Optic Upgrade of Existing Coaxial Cable Network. Fiber optic upgrade of the
coaxial cable network within three years.
■ Fiber Optic Extensions. A fiber optic connection to identified locations in the Town
of Ithaca, Town of Caroline, Town of Groton, Town of Lansing, Town of Ulysses,
Village of Lansing, Village of Trumansburg, Village of Dryden, Village of Cayuga
Heights, the Village of Freeville, and the City of Ithaca. The Consortium will also
review any Company proposals to provide dedicated capacity through the cable
modem service
■ Upstream Bandwidth. The Consortium requires 6 MHz of upstream institutional
network capacity available on the subscriber network for remote video origination,
telemetry, and other purposes
■ Closed-circuit. Closed-circuit programming ability for sites not on the institutional
network.
■ Internet. The Consortium strongly encourages the Company to continue to provide
free Internet service and modems to educational facilities and to provide Internet
service to libraries, and volunteer fire department sites.
Current Coaxial Network Background
The Consortium requires that all institutional network(I-net) capacity will be provided free
of charge to users of the system.
The current coaxial cable fiber network connects the following locations:
1. Alternative Community School
2. Belle Sherman School
3. Beverly J. Martin School
4. Boynton Middle School
5. Cooperative Extensions of Tompkins County
6. Cornell University(McFadden Hall)
7. Dewitt Building
8. Dewitt Middle School
9. Fall Creek School
10. Fire Central
11. GIAC
12. Ithaca City Bus Garage
13. Ithaca City Hall
14. Ithaca City Youth Bureau
15. Ithaca City Police Headquarters
28
16. Ithaca City Streets and Facilities
17. Ithaca City Water& Sewer
18. Ithaca College (Roy Park Building)
19. Ithaca High School
20. Northeast School
21. Science Center
22. South Hill School
23. Southside Community Center
24. Tompkins County Courthouse
25. Tompkins County Library
26. TST BOCES.
The I-Net/Technical Task Force provides the following description of the existing
institutional networks use, operations and needs for the future.
"System Description:
The I-net system is a separate coaxial cable system that runs to a different set
of locations than the regular entertainment cable system, though some of the
locations are common between the systems. Unlike the subscriber entertainment
system which has been upgraded to a hybrid fiber coax system and had its frequency
range extended, the I-net is coax with the exception of the one leg up to BOCES,
which has been converted to fiber.
"The I-net is a midsplit 450 MHz system, with the path inbound to the
headend covering frequencies ranging from 5.75 to 173.75 MHz (28 channels), a
guard band from 174 to 216 MHz for cross over filtering, and a path outbound from
the headend ranging from 216 to 450 MHz. (39 channels).
"Currently two channels in each direction are used to support the RF modems
used by the PEFnet with translators for inbound to outbound located at the headend.
Based on recent readings there are currently 6 video signals,2 data signals, and two
29
unknown signals on the inbound spectrum occupying 10 of the possible 28 channels.
There are 4 video signals, 2 data signals and 3 unknown signals on the outbound
frequency spectrum, occupying 9 channels of the possible 39 channels. Other
channels may be in use for video when portable equipment is moved to various
locations on the I-net.
"The PEFnet currently uses 4 mbit/sec modems at the user sites that are
owned by the individual participants in the PEFnet. The translators for the inbound
to outbound paths that are in place at the headend are also owned by PEF.
"Operations and Management:
The current I-net operation is maintained through a cooperative approach
between Time Warner and the I-net users/PEF. Collective expertise is needed to
operate a network of this topographic scale,heterogeneous technology and size. The
many differing pieces of equipment and hardware and software infrastructure are
owned and operated by different institutions of the PEF.
"The PEF,Partnership for an Electronic Future,was created in 1997 after the
County urged the development of a Consortium as a mechanism to share services and
costs, which were being borne entirely by the County and ICSD at the time. The
PEF Consortium is made up of public, educational, and not-for-profit institutions.
The charter members are as follows: Cayuga Medical Center, City of Ithaca, Cornell
University, Tompkins County, Ithaca City School District, Ithaca, College, Lansing
Central School District, Newfield Central School, South Central Regional Library
Council, and the TST BOCES. The goal of PEF is to provide connectivity, to assure
30
quality of service at the most cost-effective price available and to share expertise and
approaches to common problems faced by all members. There are many areas where
collaboration and cost savings are possible, including: local communications links,
Internet services, software licensing, equipment procurement, outsourcing, training,
and voice telephone service.
"To gain focus one must recognize that there are two worlds involved in the
current I-net. The world of data transfer and digital system and the world for radio
frequency video. To the data world the I-net appears as long cable that one plugs the
Ethernet into, and to the video world it appears as a pair of TV channels. Both views
are in fact correct and both are needed to maintain a functioning I-net in the current
system.
"There is currently no fixed performance standard. It is not clear what
standard would make sense. For instance,the Consortium members continuously run
a number of performance monitors that can detect and record any outage within a
matter of seconds. Such "outages" can be merely routine data bottleneck, a problem
or routine interruptions on a member's equipment, or problem upstream of the I-net
at the ISP or even much further beyond. The current franchise requires that Time
Warner respond to I-net repair calls within two hours.
"To further complicate the matter, some locations require continuous access
to other locations in order to perform specific network operations. An outage at one
site(most often due to maintenance of hosts or power failures) can cause users at one
or many other sites to have the perception that the I-net or some other service is down
without any ability to perceive the true root problem. Examples of this include: 1)
31
Library patrons' inability to browse, perceiving the I-net/Internet is down, when the
County domain name server in the Courthouse is in fact off-line, 2) Many ICSD
computers receive boot-up information (DHCP) from the District Office causing
them to believe the network is entirely down when in fact a server at the District
Office is off-line. Unfortunately the list of interdependencies like this are numerous,
as this is the very basis by which resource sharing over networks and among member
institutions can be most effective.
"Maintenance is currently conducted by a combination of automated
monitoring tools, network diagnostic tools, and problem escalation.
"The Future:
There are several issues in the future which will have an impact on the I-net
and its use by the educational and governmental community participants in Ithaca:
■ As electronic technologies become more ubiquitous and networking
in general more prevalent, use by the community will only increase.
There will be ever increasing traffic on the I-net both in volume and
in bandwidth.
■ At the same time as we must think globally, the importance having
a networked local community will increase; local educational,
governmental, and not-for-profit agencies will enhance services,
decrease costs, and improve the skills and knowledge base of the
local community.
■• The amount of information in electronic form will increase
dramatically- data,written material, narrative, images, video, audio.
This electronic content will be one reason for the increased traffic
noted above.
■ Multimedia will be an increasingly important form of electronic
content both in education and in government.
32
■ New technologies in hardware, software, and networking will require
parallel developments in the I-net. Computers will be bigger and
faster in terms of capability; institutions will increasingly use
sophisticated applications and data, applications will use integrated
technologies such as the multi-media noted above.
■ There will be increasing connectivity of multiple networks; the I-net
must have the capability to be an integral part of such a sophisticated
global network.
■ There will be increased need for authentication and security on
networks and computer systems to make sure that those who should
have access will have it, and those who should not, do not."
"Based on the experience of I-net users, the existing use of the I-net, and the
Task Force report, the Consortium requires the following for the institutional
network for current applications and the future."
Coaxial I-Net Requirements
The Consortium requires the continued operation of the current coaxial institutional network.
The Company is required to provide the following capacity at a minimum: 30 MHz contiguous
bandwidth in each path, such as 11.75-41.75 MHz inbound and 246-276 MHz outbound with no
restrictions on how the bandwidth is utilized. The Company is encouraged to provide additional
capacity on the existing institutional network for users.
The Consortium requires the institutional network to be maintained by the Company and to
improve reliability and stability. The Consortium requires the Company to respond to requests for
repairs from subscribers within two hours between the hours of 8:00 a.m. and 5:00 p.m. and within
four hours thereafter.
A protocol plan is required to be prepared by the Company to follow when there are
problems on the system. This plan should indicate how to alleviate past problems with access to the
33
headend. The Franchisee will be required to keep a trouble call and response log and to have the log
available to I-net users and their organizational representatives.
The Consortium requires that the I-net be allowed to connect with any service of use, any
protocol selected by individual user of the I-net for public, educational, and governmental purposes.
The Task Force addressed this issue as follows.
"Currently an IP packet protocol is used on the links to support email, ftp,
html, and various other services. It is difficult to project what may develop over the
10-year course of the next franchise period. Five years ago most people had never
heard of the World Wide Web or HTML, now nearly every TV advertisement
includes a URL.
"With that in mind, we must be careful not to be limited in the services we
can provide using the bandwidth provided to I-net and PEF. We must have the
freedom to change protocols and services at will to provide the best service to our
organizations. Certainly we expect growth in multimedia communications,including
video,high resolution still pictures, and audio. Games and simulations currently in
use on the net use force feedback joysticks to provide the beginnings of tactile
communication. In ten years, standard course work in our schools may involve
participating in Virtual Reality scenarios with stereo video, stereo audio, tactile and
possibly even olfactory information passed across the network.
"Another example might be to extend the current Pegasys model, where a
tape is made and played four times and then archived, unavailable to be watched
without scheduling the total use of a VCR and an analog video channel for its
duration. If those tapes could be digitized and stored on a server, they could be
34
called up over streaming video technologies for view on a shared channel at any time,
with no human intervention required. They would be available to the local audience
for a more extended period than is now possible, and they would also be available to
the world via the Internet.
"We must be careful to avoid language in the agreement that confines us to
a model of bandwidth use that precludes our ability to move forward with the
technology and pioneer or embrace new services.
"Likewise, we must have the freedom to interconnect the I-net with other
networks that support the community's goals. Currently we are connected to the
Internet and to the Cornell backbone. In the future we may need to be connected to
various other networks, such as a clump of schools in the country linked with their
own wireless network, or to a County-wide network of Town Halls on whatever
infrastructure they can afford, to allow them to stream digital video in support of
county meetings. We must have language that clearly affords us the ability to link
to whatever networks we see fit to join."
The actives and passives utilized in the institutional network were installed in 1989. The
models used in the I-net may currently not be produced nor supported by the original or any other
manufacturer. An ample supply of spare parts should help prevent a situation where the I-net would
not be operational for a long period of time due to the failure of a device which must be shipped-out
for repair.
A typical number of spare units needed to support continual operation of an outdoor
communications network is to have 10% to 15% of the total amount of each unit used in the
network. This number makes the assumption that the equipment can be repaired in a timely manner
35
t A
at a supporting service center, either at the manufacturer's location or a location recommended by
the manufacturer. If repair cannot be supported by an off-site company, spare levels are
recommended to be closer to 50%of installed base. The Company is required to stockpile sufficient
units of each device to cover any failures which might occur during the franchise term.
If the system operator cannot guarantee a supply of spare units and a reliable transmission
path, a migration plan will need to be created for the transfer of current and future operations to a
new, most likely, fiber cable-based type network. The migration plan should include performance
parameters which must be met and failure to meet these criteria would trigger the construction and
implementation of the new network.
During the technical analysis, it was found that:
■ The I-net amplifiers and outside plant have not been checked in some time. No one
at the cable company,nor the I-net users met,with could remember when the system
was checked for proper alignment.
■ The system should be checked on at least a yearly basis.
Fiber Optic Upgrade of Existing I-Net
The Company is required to upgrade the existing institutional network within three years.
The Company is required to provide the cost of upgrading its institutional network.
Fiber Optic I-Net Extensions
The Consortium requires the institutional network to be extended by four fibers to each of
the locations in Appendix B.
The Company is required to provide a detail cost breakdown of the cost for each site. As
an alternative for the Consortium to review, the Company is required to indicate how much
36
bandwidth on the subscriber network would be provided for those sites outside of the City. Please
provide all costs associated with this alternative.
In addition, the Consortium believes that community needs would be served by extending
the I-net or upstream bandwidth to the priority two sites dependent on cost as indicated in Appendix
C.
The Company is required to provide the cost to all potential fiber optic I-net sites with a site-
by-site breakdown.
Upstream I-Net Requirements
The Consortium requires 6 MHz of upstream capacity for the institutional network. The
PEG Access Task force indicated the following uses for this capacity.
37
i
"Provide capability for remote monitoring. Telemetry from remote sites is
very important, as the City, County, and other public institutions, such as Bolton
Point, upgrade or increase the number of remotely monitored sites, e.g. pumping
stations, landfills, and water tanks. Officials planning for these remote installations
also stress the need for send-and-receive capabilities for these sites. County officials
have expressed strong interest, and would like to be consulted about, a data
transmission system that would allow for monitoring of data generated from closed
landfills,pavement temperature systems,building operations systems, and interactive
traffic control information systems. City traffic planners would like to improve the
monitoring and flexibility of traffic signals in the downtown area by piggybacking
on the cable infrastructure in that area. Send-and-receive capability is required, and
overhead installations, except in areas of Collegetown where overhead lines prevent
fire department access, are acceptable. City engineers have also requested additional
drops in the downtown area to handle traffic signal sensing devices. Remote
monitoring services should be made available to other municipalities that request it.
Local transportation planners would also like to be consulted about a need for
connections to bus shelters and parking garages for security and communications
purposes."
In addition, the Consortium requires the Company to provide fiber optic extension for the
actual cost of construction by site.
Internet
The Consortium encourages the Company to continue to provide services and to expand
such service to all public buildings.
38
Closed-Circuit Equipment
The Consortium requires the Company to provide closed-circuit equipment, including end
user equipment and pilot projects for Consortium applications.
The closed-circuit institutional access channels provide a means to transmit training and
information programs to buildings of public institutions, libraries and schools. To support this
activity and non closed-circuit access, the Consortium requires:
■ The provision of the equipment necessary to provide closed-circuit programs
■ Free drops and converters to schools, libraries,buildings of public institutions. (The
converters at these locations shall be capable of receiving the closed-circuit
programs.)
■ Free closed-circuit service to schools, libraries, and buildings of public institutions
■ A significant number of converters which can be used in the home by students,
teachers, and government employees taking telecourses.
Emergency Management
The Consortium places a high priority on supporting emergency management needs and
requires the Company to meet relevant FCC standards. The Franchisee will be required to keep
emergency management informed of new features and capabilities as they become available and
keep emergency management updated on relevant FCC rules and regulations.
The Consortium municipalities require the Company to provide for local messages of a
touch-tone or similar equipment.
Regulation of the Franchise
The Consortium will be updating the model cable franchise to use as a basis for negotiation.
39
f L
The Consortium is preparing a draft amendment to the City of Ithaca Cable
Communications Ordinance and will seek the Company's comments upon the draft document. On
any provisions which the Company would like to comment, the Company will be instructed to note
the suggested language on the document or on a corresponding page. The Consortium will require,
among other items: performance bonds; consumer protection provisions; state-of-the-art
implementation provision; annual performance audits; annual technical audits to assess compliance
with safety codes, technical requirements and reliability; EEO provisions; and requirements for a
updated and integrated 911 database, if telephone service is contemplated to be offered. The
Consortium reserves the right to specify the type of organization to operate access equipment and
facilities.
Franchise Fee
The Consortium will require a franchise fee of five percent(5%)or the maximum allowable
by law of total gross annual revenues, both subscriber and nonsubscriber revenue, to be paid on a
monthly basis. The Consortium will require the Company to provide an annual independent audited
statement of gross revenues in the Consortium area.
Pilot and Experimental Projects
The Consortium considers development of the telecommunications infrastructure as one of
the keys to overall educational and economic development. The Consortium encourages Time
Warner to develop its joint venture with AT&T and any other unique pilot and/or experimental
projects in the Consortium area which build upon the Consortium communities existing resources.
40
a
Franchise Term
The Consortium will extend the business terms of the current Ithaca franchise for five years
with specific modifications and extension to the Consortium communities. If the Consortium's
franchising authorities believe the Company's proposal meets community needs, the Consortium will
consider a longer term. Indicate the term, in years, which applicant seeks for this franchise.
41
H. Evaluation Criteria
The Consortium will conduct a complete and thorough analysis of the proposal. Qualitative
and quantitative considerations will be important factors in the Consortium's overall evaluation. A
strong commitment to serving all residents of the City and meeting line extension requirements of
the other Consortium communities, to providing high quality customer service, to the continuation
of a state-of-the-art cable system, and to meeting the Consortium's access and institutional
requirements, will serve as major considerations. The key factors described below represent
guidelines for the evaluation of the proposal. These guidelines will serve as a basis to analyze the
relative merits of the proposal. The specified criteria are not listed in order of priority.
1. Benefits to the Consortium and its Citizens.
0 Provision of service to all residents in the City of Ithaca and the Villages in
the Consortium, and meeting the line extension standards for the other
Consortium communities.
• Provision of high quality equipment, facilities and services for public,
educational, and government access.
• Provision of the institutional network: existing coaxial cable network and
expansion; fiber optic rebuild of existing I-net; fiber optic extensions; 6 NIHz
upstream; Internet; and closed-circuit.
• Commitment to consumer services.
• Provision of upgraded basic programming as specified herein.
0 Commitment to pay five percent (5%) franchise fee or maximum allowable
by law on total gross revenues.
• Commitment to emergency management.
• Best quality service for consumer.
2. Access.
• Commitment to provide access channels.
42
t t
• Demonstrated commitment to provide initial access equipment and facilities.
• Demonstrated commitment to provide maintenance and replacement of access
equipment.
• Commitment to provide access services.
• Commitment to interconnection.
• Commitment to provide program origination sites.
3. Institutional Network.
• Acceptability of I-net plan.
• Quantity of I-net capacity on the coaxial cable and design of the fiber optic
network.
• Acceptability of replacement plan for coaxial I-net and construction timetable
for fiber based I-net.
• Quality of reliability and response standards and operating protocol.
• Commitment to closed-circuit and Internet for the public sector.
4. Financial.
• Demonstrated financial resources and capability.
• Feasibility and viability of financial projections and underlying assumptions.
5. Technical and Operations.
• Acceptability of state-of-the-art plans.
• Acceptability of ongoing maintenance and testing plans.
• Acceptability of plan to certify drops.
• Acceptability of plans to improve picture quality of specified stations.
• Acceptability of providing continuous, uninterrupted service during the
rebuild to all Consortium subscribers.
43
• Commitment to provide required facilities.
• Reasonableness of consumer service plans.
• Commitment to parental control and "adult" programming scrambling.
• Reasonableness of operations policies.
0 Reasonableness of plans to improve in identified consumer areas.
• Reasonableness of plan to reduce busy signals.
6. Compliance with Minimum Requirements of the Consortium.
7. Pilot and Experimental Project Development.
8. Meeting the present and future cable communications needs of the community.
9. General Qualifications.
• General reputation of applicant, as indicated by character qualifications and
fitness of the applicant and its officers.
• Ownership structure of the applicant.
• Stability of franchises currently held by applicant and satisfaction of
Consortium officials and subscribers.
• Legal qualifications.
• Prior performance in meeting contractual promises.
• Prior performance in Consortium areas
• Compliance with FCC regulations.
• Compliance with Consortium ordinances and/or franchises.
44
Section I Ownership, Experience and Financial Resources
Part
Applicant.........................................................................................................................................A
OwnershipInformation...................................................................................................................B
Experience.......................................................................................................................................C
FinancialCommitment ...................................................................................................................D
45
a r
A. Applicant
1. Applicant
Name
Address
2. Principal to whom inquiries should be made:
Name
Title:
Address:
Telephone:
3. Representation:
This application is submitted in response to the invitation issued by the Ithaca Area Cable
Consortium, New York, by the undersigned who has been duly authorized to make the
representations within on behalf of the applicant.
Applicant recognizes that all representations are truthful and that failure to adhere to any
such representation may result in revocation of any franchise that may be granted, in
consequence of this application.
Consent is hereby given to the Consortium and its representatives to make inquiry into the
applicant's legal, character, technical, financial and other qualifications by contacting any
persons or organizations named herein as references, or by any other appropriate means.
Name
Applicant's Signature
Official Position
Date
AFFIX CORPORATE SEAL
46
i t
B. Ownership Information
1. Please provide a family tree for Time Warner Cable.
2. List all officers and directors (whether or not they own stock) and stockholders who own one
percent (1%) or more of the voting stock of the corporation. If an ownership interest exists,
record this to the nearest whole percent based on the total number of outstanding shares of
voting stock in the corporation, exclusive of treasury stock. Where stock is held by a
stockholder in a street name, this fact should be noted,but no further information concerning
such stockholder need be furnished.
3. If any of the persons, corporations, or other business entities named in the family tree is a
stockholder owning five percent(5%) or more of the voting stock of any communications
entity (e.g. broadcast television station, other cable systems, manufacturers, common
carriers, newspapers, programming service) described below, or is an officer, director,
partner, or individual owner of such an entity, fill in the appropriate information. If the
interest is a fiduciary one, e.g., trustee, please note. Record ownership interests to the
nearest whole percent (based on the total number of outstanding shares of voting stock,
exclusive of treasury stock, in the case of corporations).
Name of individual/ Name of
entity having Communications Nature of % Voting
ownershi1 interest entity Location Interest Interest
47
4. Please describe Time Warner's joint venture with AT&T and how it will affect the cable
system serving the Consortium area. Also, please provide related public documents.
5. For Time Warner, list the outstanding indebtedness as of the date of this application:
Name of Creditor % of total
holding Amount outstanding
indebtedness in $ indebtedness Terms
(a) Bonds
(b) Loans
(c) Notes
(d) Mortgages
(e) Other
(Specify)
6. If any ownership interest in the applicant, including but not limited to, shares of stock or
partnership interests has been or is expected to be sold or otherwise distributed, attach copies
of all documents relating to such sale or distribution, including, but not limited to,
stockholder agreements, restrictions on transfer of ownership interests and any provisions
for re-acquisition of any ownership interest by the applicant or its affiliates. If any
agreement provides for re-acquisition of ownership interests, estimate the amount which will
be paid for such re-acquisition. If any agreements, formal or informal,have been or will be
entered into whereby the consideration used to acquire an ownership interest in the applicant
is supplied, directly or indirectly,by the applicant or its affiliates, such agreements shall be
disclosed. Please provide the Consortium with copies of such agreements.
48
7. Please answer the following character qualification questions.
(a) Has the applicant (including parent corporation if applicable) or any principal` or
officer ever been convicted in a criminal proceeding (felonies) in which any of the
following offenses were charged? Yes No
Fraud
Embezzlement
Tax evasion
Bribery _
Extortion
Jury tampering
Obstruction of justice (or other misconduct affecting public or
judicial officers' performance of their official duties) _ _
False/misleading advertising _ _
Perjury _ _
Anti-trust violations (state and federal) _ _
Violations of FCC regulations _ _
Discrimination in hiring or promotion practices _ _
Conspiracy to commit any of the foregoing offenses _ _
Violation of Securities Law
' For purposes of this form, "principal" means any officer or director of the applicant and any
person, firm, corporation,partnership,joint venture or other entity, who or which owns or controls,
directly or indirectly, any of the voting stock (or any equivalent voting interest of a partnership of
joint venture) of the applicant.
49
Any other felony
If"yes," attach separate statement providing specifics such as date, court, sentence
or fine, etc.
(b) Has the applicant or any principal ever been a party to a civil proceeding in which
it was held liable for any of the following or is now a party to the proceeding?
Yes No
Unfair or anticompetitive business practices
Anti-trust violations (state and federal) including
instances in which consent decrees were entered into
Violations of securities laws (state and federal)
False/misleading advertising
Violations of FCC regulations
Discrimination in hiring or promotion practices
If"yes," attach statement providing specifies.
(c) Has applicant or any principal ever had a business license(defined to include FCC
licenses, alcoholic beverage and restaurant licenses, etc.)revoked, suspended or the
renewal thereof denied or is a party to a proceeding that may result in same?
Yes_ No_
If"yes," attach statement providing specifics.
50
f
C. Experience
1. Please list all cable systems renewed or rebuilt in the last four years in which applicant or
any principal owns three percent (3%) or more of equity interest.
Location of system
Date of most recent franchise award and expiration date
Plant miles of system:
(a) Aerial
(b) Underground
Amount committed for:
(a) Local origination equipment
(b) Public, educational and
government access equipment
(c) Annual local origination
operating budget
(d) Annual public, educational and
government access operating budget
(e) Institutional network
Miles of rebuilt plant Channel Capacity
Percent of fiber in rebuild Households per fiber node
Franchisee of system and percentage of system ownership held
51
Number of subscribers
Pay units sold
Basic subscribers
Homes passed by cable
Current subscriber rates:
(a) Basic (Tier 1)
(b) Expanded Basic (Tier 2)
Hours of local programming per week
(a) Local origination
(b) Public, education and
government access channels
Name and address and telephone number
of local government officials responsible
for cable operations
2. Please list all franchises held in New York and indicate the number of subscribers, date of
franchise award, and name, address and telephone number of local government official
responsible for cable operations.
52
i
D. Financial Commitment
1. Please provide a narrative description of all sources of funds flowing into the cable system
serving the Consortium for future capital investments and to cover any operating deficits.
Please indicate what funds are specifically earmarked for the Consortium area cable system.
2. Documentation: For each person or entity who has agreed to furnish funds,property, credit,
loans, assurances and other things of value, submit assurances from the entity or persons
providing funding.
3. The Consortium reserves the right to require additional information or assurances with
respect to any person or entity who has agreed to furnish funds, property, credit, loans,
assurances or other things of value.
53
� S
Section II Financial Experience and Projections
Part
Financial Experience and Projections.............................................................................................A
ProForma Assumptions..................................................................................................................B
54
A. Financial Experience and Projections
Directions
1. When preparing the ten(10)year financial projections, the applicant is required to use 1999
prices and assume an annual inflation rate of three percent(3%)thereafter. The ten(10) year
projection period requested is for evaluation purposes only and in no way reflects the term
of any franchise which may be granted. The financial projections should be prepared for the
system serving the Consortium only.
2. For comparison purposes, the applicant is required to include the latest fiscal year's
experience in the proforma.
3. All capital expenditures and the date of rebuild should be reflected on proforma financial
statements.
4. The applicant is required to specify the assumptions used to develop the proforma financial
statements by referring to the explanatory notes following the financial statement forms and
completing in detail the information requested. Please enumerate any other significant
assumptions that would assist in understanding how the proforma were developed.
5. Please note that the proforma formats which follow contain the information that is required.
However, if the applicant desires the Consortium to consider a different ordering or format,
the applicant can send in a copy of the revised format to the Consortium for review to see
if it is acceptable to the Consortium.
6. The applicant's forecasted financial statements and related schedules and working papers
must be prepared in accordance with the principles set forth in the American Institute of
Certified Public Accountants (AICPA). All data provided should be regarding the system
serving the Consortium, only.
55
TEN-YEAR PROJECTIONS
56
FISCAL YEAR
YEAR—Previous Fiscal Year 1 2 3 4 5 6 7 S 9 10
LOCAL CHARACTERISTICS
Homes Passed(1)
Aerial Miles Constructed
Underground Miles Constructed
Aerial Miles Rebuilt
Underground Miles Rebuilt
Year-End Basic Subscribers(2)
Average Basic Subscribers(2)
Additional Outlets Sold
Number of Pay Units Sold
FM Subs
Remote Units Rented
Pay-Per-View Units Sold
Other Services(specify)
SUBSCRIBER REVENUE
Basic
Tier
,A La Carte Channels
Additional Outlets
Converter Rental(3)
Remote Control Units
Pay Service Revenue
FM Service
Pay-Per-View
Installation
Other Services
NON-SUBSCRIBER REVENUE
Advertising
Channel Leasing
Facilities and Equipment Rental
Other Non-Subscriber Revenue
TOTAL REVENUE
57
FISCAL YEAR
YEAR—Previous Fiscal Year 1 2 3 4 5 6 7 8 9 10
OPERATING EXPENSES
Plant: •
Plant Salaries&Benefits(4)
Plant Maintenance&Repair
Converter Maintenance(5)
Pole&Site Rental(6)
System Power(7)
Vehicle Expense(8)
Other Plant(specify)
Programming and Origination:
Satellite Fees(9)
Pay Service Fees
Copyright Fee(10)
Community Programming Salaries(11)
Studio Supplies&Expenses
General,Selling&Administration:
Salaries&Benefits(G&A)
Salaries&Benefits(Marketing)
Advertising&Promotion
Bad Debt Expense
Billing&Mailing
Rent,Heat&Lights
Telephone&Office Expense
Insurance
Professional Services(specify)
Allocation of Corp.Overhead(12)
Services Purchased from Parent(specify)
State&Local Taxes
Franchise Fee
Other G,S&A Expense
TOTAL OPERATING EXPENSES
CAPITAL EXPENDITURES
Land
Buildings
Tower and Antennas
Earth Stations&Foundations
Headend Equipment
Distribution(13)
Coaxial
Aerial(including pole make ready)
Underground
Fiber Optics
Aerial(including pole make ready)
Underground
Subscriber Drops(14)
Converters(15)
Local Origination Equipment
Vehicles(16)
Tools/Spares
Office Furniture&Equipment
Other(specify)
TOTAL CAPITAL EXPENDITURES
58
FISCAL YEAR
YEAR—Previous Fiscal Year 1 2 3 4 5 6 7 8 9 10
PROFIT AND LOSS STATEMENT
Total Revenue
Direct Operating Expenses
Operating Income(Loss)
Depreciation/Amortization(17)
Interest Expense(18)
Federal/State Income Taxes
Net Income(Loss)
SOURCES OF FUNDS
Net Income+Depreciation
Advances from Parent
Other Sources(specify)
Total Sources
USES OF FUNDS
Additions to Operating Assets
Additions to Other Assets
Payments to Parent Company
Total Uses
Net Increase(Decrease)in Cash
BALANCESHEET
Cash
Accounts Receivable
Allowance for Doubtful Accounts
Other
Total Current Assets
Gross Property,Plant&Equipment
Less: Accumulated Depreciation
Net P,P&E
Intangible Assets
Other(specify)
Total Assets
Total Current Liabilities
Due to Affiliated Companies
Equity(specify)
Total Liabilities and Equity
Commitments and Contingent Liabilities(19)
59
B. Pro Forma Assumptions
1. What is the source of the estimate for the projected annual growth in the number of homes
passed?
2. Indicate the current and projected number of employees for Years 1-10 in each of the
following areas:
■ Plant ■ Community Programming
■ General & Administration■ Marketing (full-time equivalent)
3. What is the assumption behind converter maintenance expense projections?
4. Assumed charge for pole rental per pole per year?
5. Assumed system power expense per plant mile?
6. Average annual expense per vehicle? Assumed number of vehicles?
7. Assumed satellite fees per subscriber, per year?
8. Projected copyright fees are based on how many "distant signal equivalents," and are what
percent of basic and second set revenue?
9. If separate funding is provided for local origination,public access, educational access, and/or
governmental access, provide individual breakdowns for salaries and benefits, studio
supplies and expenses, and other.
60
10. Management fee is assumed at what percent of total revenue? What services, if any,will be
purchased from the parent Company that are not covered by the management fee? Explain.
11. What is the projected cost per aerial mile upgrade? What is the projected cost per
underground mile upgrade? What was the overall cost of the system upgrade by
Municipality in the Consortium?
12. What is the average projected cost per subscriber drop?
13. What is the average projected cost per converter? Explain the assumptions behind the
converter replacement schedule.
14. What is the anticipated number and type of vehicles (cars, light trucks, bucket trucks, etc.)
that will be purchased and the estimated cost for each type of vehicle?
61
15. Specify the estimated useful lives for the various asset categories listed below. Use the
straight-line method of depreciation.
■ Buildings ■ Tower and Antennas ■ Earth Stations&Foundations
■ Headend Equipment ■ Distribution System ■ Subscriber Drops
■ Converters ■ Local Origination Equipment ■ Vehicles
■ Tools/Spares ■ Office Furniture& Equipment ■ Other(specify)
16. Assumed rate of interest? Amount of debt on which interest is computed?
17. Please state whether the applicant has any other commitments and/or contingent liabilities.
If yes, explain.
18. Indicate how expenses and revenues generated on a system-wide basis have been allocated
to the Consortium system.
19. The net present value of expected annual cash flows generated from this project over the ten
year period will be calculated. Please provide the following:
■ An estimate of the net investment to date. Describe fully the basis for the estimate.
■ An estimate of cost of capital. Describe fully the basis for the estimate.
■ Discount rate used.
62
Section III Construction and Service
Part
ServiceArea ........................................................................................................................A
ConstructionPractices ........................................................................................................... B
63
A. Service Area
1. If any areas are not currently served within the corporate boundaries of the Consortium
communities, please provide a map targeting these areas and explanations for the exclusion
of these areas must be provided.
(a) For those areas not served, specify the sequence and timetable for completing the
construction of those portions of the system.
(b) For areas not served, please indicate the number of homes per mile.
2. Please indicate if the system upgrade to 750 MHz is complete throughout the system. If not,
please indicate when construction will be completed.
3. Will the Company provide cable service to every dwelling unit and developed property in
the City of Ithaca?
4. Will the Company provide service to all dwelling units in the Village of Lansing, Village of
Trumansburg, Village of Dryden, Village of Cayuga Heights, West Groton, and the Village
of Freeville?
5. Will the Company provide service to all dwelling units in the Town of Ithaca, Town of
Caroline, Town of Groton,Town of Lansing, and Town of Ulysses with a minimum density
of fifteen dwelling units per mile?
(a) Please describe the line extension formula that the Company will abide by for areas
with less than fifteen dwelling units per mile. Also, please describe how the
minimum density requirements will decline during the term of the franchise.
6. Will the Company provide service to any commercial development of 100,000 square feet
and 100 jobs at the owner's request?
7. Please describe the Company's policy for commercial service and service to industrial parks
and office complexes.
8. List the location of Company offices, facilities and payment stations.
64
1 1
B. Construction Practices
1. Describe in detail the safety practices which the Company will use to protect the public
during ongoing operations.
2. Indicate how subcontractors are used and how supervision of subcontractors will be handled.
3. Provide a description of the practices the Company will use for undertaking construction on
private property and procedures for dealing with complaints by property owners.
4. Provide a description of the methods and practices for minimizing service interruptions and
property damage the Company will use.
5. List construction codes and licensing requirements which will be followed.
6. Attach a copy of the construction practices manual being followed by construction crews for
construction in the future.
7. For the upgrade, in areas where the existing cable was used, did the Company test all cable
to ensure that it meets manufacturers standards?
8. Will the Company have house drops checked for grounding during normal service calls and
have any drops not meeting specification been replaced?
65
9. When will the Company certify to Consortium communities that all house drops within their
boundaries are in compliance with NEC regulations?
10. Provide a plan that the technical staff will follow prior to entering a subscribers home (e.g.,
I.D. badges, proper authorization).
11. Indicate how long temporary underground drops will be left above ground.
12. What steps will the Company take to ensure that homeowners and builders have the proper
technical specifications available for internal wiring.
66
Section IV System Design
Part
ChannelCapacity............................................................................................................................A
SystemDesign ................................................................................................................................B
67
A. Channel Capacity
1. What are the number of downstream channels?
MHz
Channels
2. What are the number of activated upstream channels?
MHz
Channels
3. What capacity has been reserved for future applications?
MHz
Channels
4. When will the fiber optic link be completed that will improve the cable systems' reception
of off-air channels from Syracuse?
5. Please provide the Company's plans to investigate a remedy to electrical interference on
Channe157.
6. Will the Company upgrade the cable system equipment, facilities, and services as specified
in the Introduction if a longer than five year franchise term is sought?
7. When will digital video services be provided? Please describe what digital tiers will be
deployed.
68
� 1
B. System Design
1. Provide the following system mileage figures by Consortium community.
Consortium CommunityAerial Miles Underground Miles
City of Ithaca:
■ Cable Distribution Plant
Town of Ithaca:
■ Cable Distribution Plant
Town of Caroline:
■ Cable Distribution Plant
Village of Lansing:
■ Cable Distribution Plant
Village of Trumansburg:
■ Cable Distribution Plant
Village of Dryden:
■ Cable Distribution Plant
Village of Cayuga Heights:
■ Cable Distribution Plant
Village of Freeville:
■ Cable Distribution Plant
Town of Groton:
■ Cable Distribution Plant
Town of Ulysses:
■ Cable Distribution Plant
2. Describe the technical standards that the system will comply with.
69
3. Describe in detail the preventive maintenance program the Company will follow which will
ensure the maintenance,upkeep, and signal quality of the rebuilt system. Include Company
plans for assuring proper installation and periodic testing.
4. Describe the emergency alert system that will be provided,how the Company will keep the
Consortium communities informed of changes, and how the Consortium franchising
authorities will provide local emergency message (e.g. touch-tone telephone with access
number).
5. Will BTSC stereo be provided for all broadcast and satellite programming services that offer
it?
6. Describe in detail plans for radio frequency non-interference including compliance with all
applicable FCC technical rules.
7. Describe how the cable system will provide antenna switches to subscribers.
8. The applicant should establish mechanisms to provide access to the system by disabled and
elderly users and viewers. In the case of hearing-impaired subscribers, this should include,
at a minimum, equipment which facilitates the reception of basic cable service by such
subscribers, as well as TDD equipment. Describe the technology which will be available
from the applicant for disabled and elderly users and viewers.
9. Describe the parental control features that will be offered.
10. Indicate how the Company will keep the Consortium informed about HDTV, and other
technological developments and factors the Company will consider prior to offering these
new technologies. Indicate how HDTV signals will be provided on the system.
11. Describe the applicant's plan for minimizing outages.
70
12. Please describe how institutions transmitting access programming on the institutional
network will be interconnected with the access channels on the subscriber network.
13. Will all access channels be available throughout the Consortium area if requested by the
individual franchising authorities?
14. Please provide a plan to conduct a system-wide audit of the aerial plant and what steps will
be taken to bring the Company's plant or other parties plant into compliance with the NEC
and BellCore standards.
15. Please provide a plan for improving the picture quality of Channel 8.
71
Section V Channel Allocation
Part
AccessChannels.............................................................................................................................A
RadioServices ................................................................................................................................B
Summaryof Channels by Tier........................................................................................................0
72
A. Access Channels
1. Describe the number of channels that will be set aside for the following:
Number of
Channels
Leased Access
Video PEG Access Channels*
Audio PEG Access Channels
Local Origination
2. Please indicate if the channel designation for existing access channels will remain the same
when digital tiers are introduced on the system. If there will be any changes, will the
Company use all commercially reasonable efforts to maintain the access channels in the same
position? If an access channel is to be changed, what assistance will the Company provide
for informing viewers and assisting with logo and stationary changes?
3. Please indicate the percent of digital capacity that will be provided for access.
* Indicate if there is any restriction on which channel can be designated for pay-per-view access.
73
S
B. Radio Services
1. Describe what broadcast and digital audio services are and will be offered, and how this is
or will be technically implemented.
74
R
C. Summary of Channels by Tier
1. Provide a listing of cable channels and corresponding services that will be provided by tier
of service.
2. Describe any additional service features.
3. What Spanish language channel will be provided?
75
i
Section VI Rates
Part
Rates & Charges .............................................................................................................................A
76
t
A. Rates & Charges
1. Please provide a complete listing of current system rates, including any charges that are
assessed to subscribers (e.g. late fees).
2. Describe.additional rates for leased channels.
3. Describe any and all special rates or discounts (e.g., senior citizen and disabled discounts,
private school rates.)
4. Describe if all rates will be provided on a non-discriminatory basis, except for any discounts
as described in 2. above.
5. Describe the Company policy(existing or future) for lost or willfully damaged convertors
and other equipment.
6. Will subscribers be able to purchase converters, remote controls and other consumer
electronic equipment from the Company and/or other vendors? Please describe.
7. Will you continue to provide disconnection free of charge?
8. Will the Company agree not to offset property tax from the franchise fee?
77
Section VII Local Programming
Part
PEGAccess ....................................................................................................................................A
78
t
A. PEG Access
1. Describe the new equipment and the new studio equipment and facilities that will be
provided by the Company for public, educational, and government access programming.
Provide an overall budget for such equipment and facilities. State manufacturers, model
numbers, and costs. In responding to this question,please refer to the minimum requirements
for access specified in the Introduction.
Studio:
Editing:
Character Generation:
Lighting:
Portable Equipment:
Mobile Multi-camera Production Van:
Master Control/Playback:
Audio Equipment:
Description of Facilities:
Other:
Total Cost:
79
2. Identify and describe the additional PEG studio site and whether the space will be built,
leased or purchased. Describe the equipment that will be provided for the four outlying
studios.
3. How does the applicant propose to maintain the PEG access equipment and facilities?
Indicate the annual maintenance budget.
4. What technical support services does the applicant propose for PEG access users?
5. Indicate the level of funding that will be committed for the initial equipment and replacement
of equipment for PEG access programming for each year of the projected ten years.
6. Indicate the level of funding for staff support that will be committed for PEG access services
for each year of the projected ten years.
7. List additional publicity support and services the Company would provide for PEG access.
8. Describe the current locations that PEG access programming can originate from, and how
and when the required origination sites would be available to cablecast. Indicate if the
Company proposes any additional public access origination sites. Also, indicate whether
origination sites will be provided via fiber optics or coaxial cable.
9. Describe which services the Company will provide to assist in the development and
production of PEG access programming.
10. Please provide a plan to meet PEG Access Task Force concerns regarding viewers choices
regarding access programming as specified in the Introduction.
80
11. What hours of operation will the studios be open? Please see the studio hours respondents
to the community needs assessment survey indicated would be times their organization could
utilize the studio.
12. Indicate the assistance the Company will provide in scrambling signals and switching for
closed-circuit educational programming to be provided to schools.
13. State the number of converters capable of receiving the above-mentioned closed-circuit
programming which will be provided.
14. Describe the educational programming services to be provided. Also, discuss any specialized
services that may be provided for I-net distribution (e.g., SCOLA,NASA SELECT).
15. The Company will continue production of City of Ithaca meetings (Common Council plus
three committee meetings). Please provide details on the robotics facilities that will be
provided to the City.
16. Will the Company provide production services to other members of the Consortium?
17. Regarding access proposals, please indicate whether the Company will provide at its own
expense, if all or a portion is already in the rate base, if all or portion will be passed through
to subscribers as an additional fee.
81
Section VIII Institutional Network Services
Part
Experience.......................................................................................................................................A
Institutional and Subscriber Drops..................................................................................................B
InstitutionalNetwork Design .........................................................................................................C
82
A. Experience
The Consortium is interested in Applicant's and the parent company's experience in
providing institutional networks.
1. Is applicant providing institutional networks of any type in other communities (e.g., coaxial
cable, Internet, upstream bandwidth)?
[ ] Yes No
2. If yes, provide the following information:
(a) Name and location;
(b) Types of institutional network provided;
(c) Type of end user equipment provided;
(d) Contact person for the institutional networks described above.
83
B. Institutional and Subscriber Drops
1. Please provide a list of the type of buildings the Company will provide free subscriber drops
and service at no cost. What is the maximum length of new drops to such buildings? Indicate
what tiers of service will be provided free of charge. Indicate which type of building will
receive multiple drops.
2. Please provide the Company's proposal regarding providing internal wiring of educational
andgovernment buildings and any additional connectivity for the Ithaca College campus.
84
1 J
C. Institutional Network Design
1. Please indicate if the Company will conduct annual tests of the existing coaxial cable I-net.
2. Will the Company provide 6 MHz upstream throughout the cable system for video,telemetry,
and other institutional network purposes?
3. What inventory of passives and amplifiers will the Company maintain for the coaxial cable
institutional network?
4. When does the Company believe the useful life of the existing coaxial network will end?
5. Please provide the response time and test procedure proposal the Company will provide.
6. Will the Company replace the coaxial cable network with fiber optics as specified in the
Introduction?
7. Please provide a detailed breakdown of costs for: the existing coaxial I-net to be replaced by
fiber; the required extension sites; priority two sites. (Breakdown should be provided by
site.)
8. Will the Company provide free Internet service to schools, libraries and government
buildings capable of 100 simultaneous users or other capability?
85
(a) For each of these locations, how many free cable modems will be provided?
9. Requirements for the institutional network are included in the Introduction to the RFRP.
Describe the design and capacity of the proposed institutional network. Submit maps that
provide an overview of the following information. See the Introduction for a listing of
identified institutional network sites.
(a) The proposed routing of the fiber backbone network.
(b) Individual fiber drops to public institutions (e.g. schools, government buildings).
(c) Program feeds from public, educational, and government access locations to the
subscriber network.
10. Provide information on the fiber optic construction institutional network plant.
11. Provide a technical description on the interface equipment that will be supplied to support
digital transmission on the fiber optic networks.
(a) Manufacturer and model(if selected)
(b) Bandwidth of the optic transmitter equipment
(c) Emitter wavelength
(d) Applications to be supported(example)
1. Point-to-point/multiplex (9.6 Kbps to 1.54 Mbps link)
2. Local area network bridges (FDDI, Token Ring, Ethernet, etc.)
3. Telemetry(alarms,monitor, control)
Also, provide description of the equipment which will be supplied to support the video
transmission on the fiber optic network.
86
12. Description of the I-net control center.
(a) What equipment will be provided to support switching of video signals?
(b) What test equipment will be available to monitor and diagnose problems with the
video and data transmission networks?
13. Does the Company agree to have the public sector use of the upstream/downstream
institutional capacity coordinated and managed by the Consortium or PEF?
14. What equipment will be provided to enable a connected institution to use the network for
various purposes (e.g., monitors, internal wiring, modems,modulators, etc.)?
15. Will all transmission capability be provided for free,noncommercial use for the Consortium
government and educational and public institutions? If not, please explain.
16. Provide a construction timetable for the institutional network extension and any rebuild of
the coaxial network.
17. Describe how switching between the locations on the institutional network,providing access
programming, and the access channels on the subscriber network will be handled.
18. Describe any institutional network services that the Company will offer.
87
19. Describe the applicant's plans to maintain the coaxial cable and fiber optic institutional
network over the term of the franchise.
20. Indicate how calls for service or repairs on the fiber optic institutional network will be
handled and the response time. Indicate the reliability standards that will be met by the
Company.
21. Regarding I-net proposals, please indicate whether the Company will provide at its own
expense, if all or a portion is already in the rate base, if all or portion will be passed through
to subscribers as an additional fee.
88
Section-IX Equal Employment Opportunity and
Equal Business Opportunity
Part
EEOand EBO.................................................................................................................................A
89
A. EEO and EBO
1. Describe in detail your equal employment opportunity policy. Include job classifications,
duties, and salary ranges for positions at the supervisory, management, and professional
levels and identify the total number of each job classification and the number of minorities
and women currently in each job classification.
2. Have any complaints of discrimination in employment practices been lodged against the
applicant? If so, please specify the complaints and resolutions.
3. Identify any training programs that are or will be made available to employees.
4. The Franchisee will be required to comply with the Cable Television Consumer Protection
and Competition Act of 1992 and regularly file with the Consortium a copy of the annual
90
statistical report required therein. The Consortium encourages the good faith effort by
contractors, suppliers and vendors to subcontract and procure with MBEs and WBEs.
(a) Consistent with the requirements of Section 634, describe how the applicant will
establish, maintain and execute a positive continuing program of specific practices
designed to ensure equal opportunity in every aspect of its employment policies and
practices.
(b) Describe specifically the following aspects of applicant's EEO program:
1. The recruitment,publicity and promotional program for minority and female
employees;
2. The training and employment policies and practices in all segments of
Company operations, as well as in the selection of contractors,
subcontractors, and vendors, with emphasis on opportunities for local,
minority and female owned enterprises; and
3. The ongoing evaluation of its EEO program.
5. Indicate the specific commitment to utilizing women and minority business subcontractors
and suppliers in the proposed construction or continued maintenance of the system.
6. Indicate the makeup of the current Time Warner personnel serving the Consortium system
using the job categories provided by the FCC for EEO reporting.
91
ti
Section X Consumer
Part
Privacy............................................................................................................................................A
Consumer Complaints and Repair Procedures ...............................................................................B
BillingPractices..............................................................................................................................C
92
A. Privacv
1. Provide the applicant's privacy policy and clearly delineate between "voluntary information"
and "voluntary uses," "essential information," and "essential uses." "Essential information"
is that information which Company must collect in order to provide service (e.g., billing
information). "Voluntary information" is all other information which the operator may seek
to collect. "Essential uses" refers to those uses of essential information which are required
in order'to provide service (e.g., billing uses). "Voluntary uses" are all other uses of
information collected,whether that information be considered"essential"or"voluntary." The
cable system policy is expected to at least guarantee the subscriber that no voluntary
information will be collected without prior consent; and no voluntary use will be made of
information collected without prior consent. Thus, by agreeing to receive service after they
fully read and understand the pricing document provided by the Company, a subscriber will
be deemed to have given prior consent that "essential information" may be collected for
"essential uses."
In addition, the applicant's privacy policy should include:
(a) Affirmative written consent is required if billing for particular services will require
the operator or a third party to monitor the programs of channel viewers, the fact
must be clearly explained and the services requiring such monitoring specified; and
(b) Affirmative written consent is required for third parties to collect information using
the cable system.
2. Identify all present and projected uses of the cable communications system where questions
of subscriber privacy can be expected to arise, and describe in detail the policies and
procedures designed to protect subscriber privacy.
3. Describe in detail what measures will be taken on an ongoing basis to protect subscriber
privacy and to inform subscribers as to how subscriber information is to be collected,
retained, used and disseminated.
4. Describe the remedies for breach of subscriber privacy which the applicant will make
available to subscribers. Detail procedures or privacy complaint resolution.
93
t
B. Consumer Complaint and Repair Procedures
1. Describe in detail your policy for handling consumer complaints, inquiries and repair
requests. Describe how this policy is or will be implemented including the role of the
Consortium. Indicate the number of days in which complaints will be resolved.
2. Describe how you will notify subscribers on an ongoing basis of your complaint, service and
maintenance procedures, providing a sample of such notification.
3. Provide a copy of the system's consumer handbook or information packet and indicate how
often it is provided to the subscribers.
4. Hours of office(s) operation will be:
Monday-Fridays: a.m. to p.m.
Saturdays: a.m. to p.m.
Sundays & Holidays: a.m. to p.m.
5. How soon after a trouble call is received will a service employee be required to correct the
problem either by telephone contact with subscriber or by a visit to the premises, or by a
doorknob hanger if no one is home?
Within 24-hours: ( )
Same day: ( )
Close of next business day: ( )
Within five hours: ( )
Other: ( )
6. Provide the percent of service calls that are corrected on one or more service calls.
94
One Visit % Three Visits %
Two Visits % Four or More Visits %
7. Please provide your plan for how the number of multiple repair service calls for the same
subscribers will be reduced and what percentage will be met.
8. What will be the Company's policy for missed appointments?
9. List the addresses of the Company's offices and payment stations.
10. Where will telephone calls be received?
11. How will trouble calls be received outside normal business hours and how will technicians
be informed?
12. How soon will individual trouble calls outside normal hours be given to a repair or service
person?
13. Describe how subscribers will be notified of routine maintenance and when such
maintenance will be scheduled.
14. Describe when technicians will respond to system outages and when subscribers will receive
rebates.
95
r ,
15. Indicate the proposed number of active phone lines by which customers may reach office
personnel.
Also, indicate:
(a) The percent of all customer service calls that will be answered within one minute;
(b) The percent of all customer service calls that will be answered within two minutes;
(c) The percent of calls that will be lost;
(d) The percent receiving a busy signal;
(e) The amount of time customers are placed on hold;
(f) How information will be provided to the Consortium to monitor these standards.
16. Indicate the percent of repair calls that will be answered satisfactorily within a 24-hour
period on an annual basis and what steps will be taken if this level of service is not obtained.
17. Indicate if appointments are scheduled with subscribers on a two-hour or other basis.
18. Describe in detail how the system will be compatible with consumer electronics.
19. Describe what the Company's policy regarding subscriber requests for underground drops
will be in areas served aerially.
20. What type of equipment will be provided to subscribers or franchise areas that do not wish
to receive specific access channels?
96
21. Indicate if the Company meets the FCC customer service standards and provide relevant
quarterly management data for the last year.
22. Please provide the Company's plan for minimizing the number of repeat repair calls.
23. Please provide the Company's plan for increasing the percent of subscribers receiving a
service call within twenty-four hours of a request.
24. Please provide the Company's plan for decreasing the amount of time subscribers wait for
installation of cable service.
25. Please provide the Company's plan for decreasing the amount of time subscribers are put on
hold and decreasing the percent of time subscribers receive a busy signal.
26. Please provide the Company's plan for promptly responding to citizen complaints forwarded
by Consortium communities and for providing a written description of the Company's
response to the effected Consortium communities.
27. Will the Company comply with the NCTA customer service guidelines?
97
C. Billing Practices
1. Describe in detail the Company's billing, payment and collection procedures and policies
(e.g., form and type of billing, system outages). Indicate the number of days in which
complaints will be resolved. Also attach a sample billing form. Indicate if the subscriber
will not be required to pay the disputed portion of the bill until the complaint procedures
have been followed.
2. Currently, cable subscribers call the Office of the City Clerk for cable problems since that
number is on Time Warner Cable's bills. Please state how the bill will be clarified to
indicate that subscribers should only call the City Clerk for franchise matters, not cable
service or cable service questions.
3. Describe the Company's policy for handling billing complaints and describe how this policy
is or will be implemented.
4. Provide the name of the collection agency being utilized by the Company and guidelines
used for the collection of past due accounts.
5. Describe the Company's policy regarding late fees, the amount of the late fee, and what the
direct costs are to the Company for late fee collection.
98
Section XI Innovative Projects
Part
Description......................................................................................................................................A
99
A. Description
1. Briefly describe any pilot, experimental, or innovative project(s) that the applicant and/or
the parent and AT&T or other joint venture partner intends to develop in the Consortium.
Examples of such project(s) may include, but are not limited to, services to be provided for
education, business or institutional services, and joint ventures with private entities, local
public or educational institutions. Indicate whether the project(s) currently is operational,
being developed, or is a proposed new project and the projected timetable(s).
2. Provide related contracts with third party entities.
3. Please provide a timetable for implementation.
4. Describe any joint ventures, contracts, or relationships with other telecommunications
entities to conduct innovative projects in the Consortium area.
100
Section XII Term of Franchise
Part
Termof Franchise...........................................................................................................................A
101
A. Term of Franchise
1. The Consortium will extend the business terms of the current Ithaca franchise for five years
with specific modifications for Consortium communities,but if the Consortium's franchising
authorities believe the Company's proposal meets community needs, the Consortium will
consider a longer term. Indicate the term, in years,which applicant seeks for this franchise.
102
APPENDIX A
GOVERNMENT AND EDUCATIONAL
ACCESS EQUIPMENT
4/20/99
Appendix A
Government and Educational Access Equipment
City of Ithaca - Government Access
Robotics equipment for the Council Chambers
All equipment should be industrial quality
4 robotics cameras and associated equipment
off-site switcher
audio equipment
character generator
monitors
dubbing and editing equipment
ancillary equipment
Consortium Communities - Government and Educational Equipment
All equipment should be industrial quality
Equipment for four small studios (Consortium communities to provide buildings for
studios). Each studio should include:
• 3 cameras
• control room equipment
• audio equipment
• lighting equipment
• playback and editing equipment
• one portable eng/video unit
• associated equipment
Equipment to allow mobile use of studio cameras for multi-camera shoots (e.g. Council
meetings or hearings)
Renovation funds
Public Schools - Educational Access Equipment
Equipment replacement and upgrade
4/20/99
e r
APPENDIX B
I-NET EXTENSIONS
4/20/99
r a
Appendix B
I-Net Extensions
Citv of Ithaca
1. City of Ithaca, Police Satellite Offices:
• Northside Office, 526 Madison Street
• Commons Office, 171 East State Street
(Southside Office, 305 South Plain Street is already connected through Southside Community Center)
2. Water Treatment Center, Bolton Point
1402 East Shore Drive
3. County Mental Health Building
201 East Green Street
4. County Human Services
120 West State Street
5. Fire Training
200 Pier Road
6. Waste Water Treatment Plant
525 Third Street Extension
Town & Village of Groton
1. Groton Town Hall, Highway Dept. & Justice Court
101 Conger Blvd.
2. Groton Village Municipal Building & Fire Department
108 E. Cortland St.
3. Groton High School & Middle School
400 Peru Road
4/20/99
Town & Village of Groton (Cont'd)
4. Groton Elementary School
516 Elm Street
5. McLean Central School
20 School Street (McLean)
6. McLean Fire Department
2 The Square (McLean)
7. Groton Community Health Care Center &
Residential Care Facility
120 Sykes Street
8. Groton Intermediate Care Facility
705 Elm Street
9. Groton Housing Authority (Senior Citizen Housing)
200 West South Street
10. Schoolhouse Gardens Apartments
177 Main Street
Trumansburg[Mysses
1. Trumansburg Central Schools (Five Buildings)
100 Whig St.
Distance learning, video production (video)
2. Town Hall
Elm Street
Data for communication with County, etc. Video for court video
arraignments and broadcast of Town Board meetings (data, video)
3. Trumansburg Village Hall/Police
56 East Main St.
Data for communication w/County, sheriff, other police depts., etc. Video for
broadcast of Board meetings. Note: Town and Village Halls are across the street
from each other, could share one set of portable video equipment (data, video)
4/20/99
Trumansburg/Ulysses (Cont'd)
4. Trumanburg Fire Hall
West Main Street
Distance education, PEG origination (video)
5. Trumanburg Historical Society
39 South Street
Distance education (video)
6. Trumanburg Conservatory
Congress Street
Distance education, concert broadcasts (video)
7. Ulysses Library
East Main Street
Public access, FLLS catalog (data)
8. Trumanburg Village DPW
Corey Street
Telemetry (data)
9. Village Sewer Plant
Lake Street
Telemetry (data)
10. Town DPW
Colegrove Road
Telemetry (data)
Town of Caroline
1. Brooktondale Community Center
Valley Road 14817
Data & 2-way video
2. Brooktondale Fire Hall
Valley Road 14817
Data & 1-way video
Interested in free or discounted RoadRunner & Cable
4/20/99
Town of Caroline (Cont'd)
3. Caroline School
2439 Slaterville Road 14881
Data & 2-way video
Classrooms internally wired
4. Caroline Town Barns/Highway Dept.
852 Valley Road 14817
Internet
5. Caroline Town Hall/Court/Library
2670 Slaterville Road 14881
Data & 2-way video
Computer available for library Internet; video arraignment desired for Court
cablecast for town meetings
6. Fountain Manor Retirement Home
9 Midline Road 14881
(next to Slaterville Town Hall
Two 1-way video connections for public areas (upstairs & downstairs)
Haven't been notified of senior discounts
7. Slaterville Fire Hall
2681 Slaterville Road 14881
2-way video & Internet, Roadrunner for NYDOS training
8. Speedsville Fire Hall
40 Mill Road 13736
2-way video & Internet
Have satellite connection for EMS
9. Speedsville Community Center
13 Speedsville Commons 13736
Building not in use at this time
Village of Freeville
1. Village of Freeville/Police, Clerk, and Justice Office
5 Factory Street
2. Freeville Fire Station
21 Union Street
4/20/99
Village of Freeville (Cont'd)
Other options:
3. Freeville Elementary School
4. Post Office
Village of Lansing
1. Village Office
2405 North Triphammer Road
2-way full motion video & data
2. Public Works Garage
2405 North Triphammer Road
Data only
3. Lansing Fire Station#5
Oakcrest Road
4. Convenient Care Center
10 Arrowwood Drive
5. County Airport
Business & Technology Park
72 Brown Road
Village of Cayuga Heights
1. Cayuga Heights Village Hall
836 Hanshaw Road
Cable hook-up for public access & additional video hook-up & data
2. Cayuga Heights Fire House
194 Pleasant Grove Road
Cable hook-up for public access & additional video hook-up & data
3. Cayuga Heights School
110 E. Upland Road
Cable hook-up for public access & additional video hook-up
4/20/99
Village of Dryden
1. Dryden Village Hall & DPW Building
2. Dryden Fire Department (Neptune Hose)
3. Dryden Elementary School
4. Dryden Historical Society
5. Southworth Library
6. TC3 (School)
170 North Street
Town of Ithaca
1. Town of Ithaca Highway Department
106 Seven Mile Drive
Video/data
2. Town of Ithaca Town Hall
213 N. Tioga Street
Video/data
3. Hospital/Cayuga Medical Center
101 Dates Drive
Town of Lansing
1. Lansing Town Hall
29 Ridge Road
P.O. Box 186
2. Town Office & Justice Court
29 Auburn Road
3. Lansing Town Highway Department
10 Town Barn Road
P.O. Box 186
4. Lansing Central School District (3 buildings)
264 Ridge Road
5. Lansing Fire District
80 Ridge Road
P.O. Box 249
4/20/99
6. Lansing Residential Center
270 Auburn Road
7. Gossett Center
250 Auburn Road
Ithaca School District
All 19 facilities (many facilities included elsewhere in this Appendix)
Libraries
1. Tompkins County Public Library
New Location at 115 E. Green Street
2. Danby Reading Center
3. Caroline Reading Center
3. Finger Lakes Library System
4/20/99
APPENDIX C
PRIORITY TWO I-NET SITES
4/20/99
i M
Appendix C
Priority Two I-Net Sites
Cass Park Ice Rink
Chamber of Commerce
County Public Health - Biggs B
County Solid Waste & Recycling Center
CSMA (Community School of Music and Art)
ICSD Bus Garage
Red Cross Building
Cornell University, Performing Arts Center (video)
The State Theater
Stewart Park
Hangar Theatre (video).
4/20/99
N p IT
F $gC' CITY OF ITHACA FIL E
�';•r `
~�•• : ' 108 East Green Street Ithaca New York 14850-5690
COP Y
v= Z 9
'�• r� OFFICE OF THE MAYOR • ALAN J.COHEN
Telephone: 607/274-6501 Fax: 607/274-6526
July 20, 1999
Mr. Tom Doheny
General Manager
Time Warner Cable
519 W. State Street
Ithaca,NY 14850
Dear Mr. Doheny:
The Ithaca Area Cable Consortium, composed of the City of Ithaca, Town of Ithaca, Town of
Caroline, Town of Groton, Town of Lansing, Town of Ulysses, Village of Lansing, Village of
Trumansburg, Village of Dryden, Village of Cayuga Heights and the Village of Freeville, has completed
an assessment of current and future community needs and has developed a Request for Renewal Proposal
(RFRP). The governing bodies of each Consortium community have acted upon the RFRP. I now
present this RFRP to Time Warner Cable for a response proposal. Time Warner Cable is required to
submit a formal proposal within ninety (90) days of receipt of the RFRP. However, the Consortium is
aware that Time Warner Cable prefers the informal renewal process, and the Consortium would be
willing to meet informally to try to finalize a franchise agreement under the informal process over the
next three (3) months. Entering into the informal process does not waive either party's rights or
obligations under the formal process. Therefore, barring the success of the informal process Time
Warner Cable is still required to submit a written response proposal by October 18, 1999.
Also enclosed are the following supporting documents: the task force reports dated February 2,
1999; and transcripts of the two public hearings dated January 28, 1999 and February 1, 1999. The
consumer and organization assessment reports and the technical evaluation of the Time Warner cable
system were forwarded to Time Warner Cable on April 7, 1999 and, therefore, have not been included in
this mailing. If you are in need of additional copies of any of the reports mentioned above, please feel
free to contact the Planning Department.
We look forward to working with you on a successful conclusion to the renewal process. If you
have any questions or would like to propose some dates for informal negotiations, please contact Ms.
Jeannie Lee at(607) 274-6550.
Respectfully,
ru--�
Alan J. Cohen
Mayor
cc: Ithaca Area Cable Consortium
Cable Franchise Negotiating Committee
Mr. Ben Curtis
'An Equal Opportunity Employer with an Affirmative Action Program' i,«}
'f lQ� t" y'I► � �. 1,
a�� � ..,
NOTE: The supporting documents listed below were mailed previously to all Ithaca Area Cable
Consortium and Cable Re-franchise Negotiating Committee members and, therefore, have not
been included with this mailing. If you are in need of additional copies please contact Eileen
Jacobs at 274-6550. Thank you.
• An Assessment of the Community Needs of Cable Subscribers; January 8, 1999. Prepared
by Rice, Williams Associates.
• Community Needs Assessment; March 8, 1999. Prepared by Rice, Williams Associates.
• Technical Evaluation of the Time Warner Cable System; March 8, 1999. Prepared by Rice,
Williams Associates.
• The I-NET and PEG Task Force Report; February 2, 1999.
• Transcripts of the two public hearings; January 28 and February 1, 1999.
7/21/99
STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE
THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350
Internet Address: http://www.dps.state.ny.us
PUBLIC SERVICE COMMISSION
Iftaar
MAUREEN O. HELMER LAWRENCE G.MALONE
Chairman General Counsel
THOMAS J. DUNLEAVY
JAMES D.BENNE77 ,�{p' DEBRA RENNER
LEONARD A.WEISS Acting Secretary
NEAL N.GALVIN t
July 26, 1999
Time Warner-Syracuse
P.O. Box 4733
Syracuse, NY 13221
Case # : 98-V-1896
Honorable Alan Cohen
Mayor
City of Ithaca
108 East Green St .
Ithaca, NY 14850
Dear Sir/Madam:
The Temporary Operating Authority under which Time Warner-
Syracuse has been providing service in the City of Ithaca will expire
August 1, 1999 .
The Company and the municipality are negotiating a franchise
renewal . The Public Service Commission has determined that it would be in
the public interest to grant Temporary Operating Authority so that the
Company may continue to provide cable television services during the
negotiation of the franchise renewal . The expired franchise sets forth
certain rights and obligations of the parties . Part 595 of our cable
rules, 9 NYCRR, sets forth franchise standards which must be contained in a
cable television franchise presented to the Commission for approval .
This Temporary Operating Authority is granted on condition that
during the terms of this authority, the parties shall comply with all the
terms and provisions of their expired franchise and all of the provisions
set forth in Part 595 of our cable rules . In the event any franchise
provision is inconsistent with a provision of Part 595, the provision most
beneficial to the subscriber shall be controlling.
Subject to the conditions and understanding expressed herein,
Temporary Operating Authority is hereby granted to Time Warner-Syracuse for
its operations in the City of Ithaca, said authority to expire February 1,
2000 .
By direction of the Commission,
DEBRA RENNER
Acting Secretary
OCT-07-1999 07:59 FROM DENTON KEYSER LAW FIRM TO 92746558 P.02
LAW OFFICES
DENTON, KEYSE , LABRECCLUE & MOORE
RICHARD DE11FMN EDGAR DENTON (1986) HSBC BANK BUILbiNG
RICHARD D. KEYSER LYNN G. KEYSER(1994) ]SQ LAKE STREET
ALEX T.LASLSCWE CAAL D.MEACHAM(1985)
V.MOORS
DAVID 8.p➢1VPL.AK* CHARLES A. WINDING(1995) ELMIRA, NEW YORK 14901-3417
DAVID
GEORGE H. WINNER,1R TELEPIiQNir (607) 734-6191
R1C".NARD P. W DODHOUSE
FAX (607) 734-9282
JOMN W,MALONEY
SCcFrr D.MOORS•
-ALSO ALM4rM M PA
October 6, 1999
Patricia Dunn, Esq.
Assistant City Attorney
City of Ithaca
108 East Green Street
Ithaca,New York 14850-5690
Re: City of Ithaca and Time Warner Cable
FOIL Request
Dear Ms. Dunn:
I am in receipt of your letter of October 4, 1999. In my letter of September 29, 1999 to
Mayor Cohen I indicated again that we at'Time Warner Cable have in good faith devoted
considerable time and expense in.the preparation of our response to the RFRP, notwithstanding
our representation to you in a phone conversation.of July 26, I999 that our other pressing
business needs would cause us great hardship to do so. Notwithstanding our efforts to date, we
have still not received the information that we requested in order to allow us to properly respond
to the RFRP. We subsequently attempted to obtain the needs assessment and other inrbrniation
through FOIL Requests to the individual municipalities comprising the Consortium. These
requests with the exception of four municipalities,met with a concerted effort apparently
orchestrated by Attorney Philip Winn of the Village of Dryden to deny us the information
contained therein. Now your response and that of other communities indicate that the
information is privileged and not available pursuant to the Public Officers Law.
Specifically, I would appreciate your identification of which iterns you claim are exempt
and why. I am continuing my request for those documents that you have in your possession,
copies of which are not in the Consortium's custody, I am particularly interested in an
affirmation that all of the written documents relating to the needs assessment for the City of
Ithaca have been provided to us. Your prompt response to this request would be greatly
appreciated.
Pursuant to the Public Officers Law I am hereby continuing my demand for the items set
forth in my FOrL Request,excluding the documents duplicating those filed with the Village of
Lansing. We are willing to pay for all copying and mailing costs.
OCT-07-1999 07:59 FROM DENTON KEYSER LAW FIRM TO 92746558 P.03
Page 2.
Patricia Dunn,Esq.
October 6, 1999
Tom Doheny will be contacting you to review the documents in your possession, and will
be contacting Mr. Ben Curtis to review the Consortium documents.
Lacking the information that we feel necessary to adequately respond to the RFRP, we
have in my letter of September 29, 1999 to Mayor Cohen asked for a reasonable extension of
time which we felt would be not prejudicial to the Consortium, but have had no formai response
to that request either.
Astonishingly,on Friday, October 1, 1999 in a discussion with Attorney John Barney
representing the Town of Ithaca,he indicated to me that on Thursday members of the
Consortium had a meeting and agreed to the extension. On October 4, 1999 I contacted Mr.Ben
Crinis,a prominent member of the Consortium who indicated to me that indeed the extension
had been granted and that I would be receiving confirmation from someone in writing,but he did
not know exactly who. I indicated to hire that it would be useful for us in our planning purposes
to be able to have that written confirmation. On October 4, 1999 I also contacted the Mayor's
office and was told by his secretary that no extension had been granted,but that the Mayor would
be contacting me and needless to say no contact has occurred. I subsequently telephoned Jeannie
Lee's office to determine the status of some written correspondence confirming the above and
was told that she was going on vacation and was not available. I subsequently received your call
in which you indicated that while the Consortium had agreed to an extension that the extension
would not be granted because the "Negotiating Committee" had overruled the Consortium and
would not agree to an extension. You further indicated that you did not know who was on the
Negotiating-Committee,but were told that they did not agree. You further went on to indicate
that the reason I had not received a response to the July 28, 1999 correspondence and a follow-up
fax of August 25, 1999 was my fault because I had written to the Mayor and he is not responsible
for answering his correspondence! This is bizarre and most distressing.
I again reiterate our request for a 30 day extension and would appreciate the courtesy of a
response by close of business on October 7, 1999. Nowhere has there been any indication that
the Consortium can be overruled by some Negotiating Committee yet to be identified, again.,
however, absent responses to the FOIL Request we are not in the position to make such a
determination ourselves.
Very truly yours,
George H. Winner,Jr.
GHW/sI
cc: Mayor Alan Coheir
CITY OF ITHACA
V= :� 108 East Green Street Ithaca,New York 14850-5690
i
OFFICE OF THE MAYOR • ALAN J.COHEN
Telephone 607/274-6501 Fax: 607/274-6526
October 5, 1999
Mr. George H. Winner, Jr.
Law Offices of Denton, Keyser, LaBrecque & Moore
HSBC Bank Building
150 Lake Street
Elmira,New York 14901-3417
Dear Mr. Winner:
I am writing to inform you the Consortium has agreed to grant your request, dated
September 29, 1999, for a thirty day extension of the Response for Renewal Proposal (RFRP)
deadline of October 18, 1999. The new extension deadline for the RFRP is November 17, 1999.
We will be expecting eleven, (11) copies of Time Warner's renewal proposal to the Consortium
which responds to and has the information required by the Consortium's RFRP on November 17,
1999. Please submit the copies to Mr. H. Matthys Van Cort, Director of Planning and
Development, City of Ithaca, 108 East Green Street, Ithaca,NY 14850. Thank you.
Respectfully,
Alan J. Cohen
cc: Mr. Tom Dohney, Manager
Ms.Jean Rice, Rice Williams Assocites
Mr. Thys Van Cort, Director of Planning
Ms. Patricia Dunn,City Attorney
Mr. Ben Curtis, Village of Lansing
Ms.Jeannie Lee, City of Ithaca Planning
Cable Re-franchising Negotiating Team'
Ithaca Area Cable Consortium
Please Contact the Planning Department for a list of members.
2 Please Contact the Planning Department for a list of members.
'An Equal Opportunity Employer with an Affirmative Action Program* co
SEP-30-1999 07:16 FROM DENTON KEYSER LAW FIRM TO 92746558 P.02
LAW OFFICES
DENTON, KEYSER. LABRECQIIE & MOORE
RICHARD DENTON EDCAR DENTON(1986) HSBC BANK BU11-D1NG
KICHAALEX T.LIPZcckVE LYNN C. KSrSER(199A)
150 LAKE STREET
JOHN V.MOORE CARL D.MEACWAM(19as) ELMIRA. NEW YpRK 14901-3417DAVID B. PAWLAK• CHARLES A. WINDINC(1995)
GEORGE H. WINNER,JR„ 1'ELEPJ lOT1E (001) 734-8191
RICHARD F. WpODFiOUSE FAX (607) 734.9252
JOHN W.MALONEY
SCOTT D.MOORS•
*ALSO ADMITTED IN W1
September 29, 1999
v1A: FACSIMILE&FIRST CLASS MAIL
Hon. Alan J. Cohen,
Mayor of City of Ithaca
108 East Green Street
Ithaca,New York 14850-5690
Re: Ithaca Area Cable Consortium
Tear Mayor Cohen:
1 am in receipt of your letter of September 22, 1999,post-marked September 27, 1999. 1
note that your letter indicates that you are in the process of working on a response to our letter of
July 28, 1999. On Monday, July 26, 1999 in a telephone conference with yourself, Jean Rice and
other members of the Ithaca Area Cable Consortium, we at Time Warmer indicated that since our
commitments for budgets,labor negotiations,and return to school business pressures, would
prevent us from devoting significant resources to informal negotiations, we would devote our
efforts in preparing a formal response to the 1F RP within the time frame required by the
Consortium.
In order to properly complete our response,however,my Letter of July 28, 1999 contained
a request for information that was deemed critical by our organization. It is troubling that two
months later we have yet to receive the requested information. This request was made in good
faith to ensure that our response was as complete as possible. While you have indicated that
sorine of the information requested in our July 28" letter was previously forwarded, the remaining
information is still required in order to finalize our response.
.• SEP-30-1999 07:16 FROM DENTON KEYSER LAW FIRM TO 92746558 P.03
Page 2.
Hon. Alan J. Cohen
September 29, 1999
Since a full response to our July 28t`letter has not been provided, we are requesting that
the Consortium grant a 30 day extensions to Time Warner in which to submit its response to the
RFRP assuming we receive replies to the various FOIL Requests,as well as a full response to the
July 28, 1999 correspondence.
Very truly rs,
George H. Winner, Jr.
GHW/sl
cc: Mr. Torn Doheny,General Manager,Time-Warner Ithaca
Mr. Gary Matz,Time Warner Cable
Trisha McCausland,Time Warner Cable
Steve Miron,Time Warner Cable
Ms, Jean Rice, Rice Williams Associates
Mr. Thys Van Cort,Director of Planning& Development
Ms. Patricia Dunn,.Assistant City Attorney
Mr. Ben Curtis,Village of Lansing
Ms. Jeannie Lee,Economic Development Planner
i
TOTAL P.03
� y CITY OF ITHACA
V~`� 108 East Green Street Ithaca,New York 14850-5690
OFFICE OF THE MAYOR • ALAN J.COHEN
Po��Q Telephone: 607/274-6501 Fax: 607/274-6526
September 22, 1999
Mr. George H. Winner, Jr.
Law Offices of Denton, Keyser, LaBrecque & Moore
HSBC Bank Building
150 Lake Street
Elmira, New York 14901-3417
Dear Mr. Winner:
On behalf of all the members of the Ithaca Area Cable Consortium I am
writing to inform you that the City of Ithaca and Rice Williams' Associates are in
the process of working on a response to your letter dated July 28, 1999. I would also
like to add at this time that any and all correspondence between Time Warner Cable
and any member of the Cable Consortium should be copied to all apprcpriate
persons involved. This includes but is not limited to the following people from the
consortium: Jean Rice of Rice Williams Associates; Patricia Dunn, Assistant City
Attorney; Thys Van Cort, Director of Planning & Development; Jeannie Lee,
Economic Development Planner; Ben Curtis, Village of Lansing and myself.
I would also like to reiterate that the written RFRP submitted to Time
Warner Cable is the culmination of an expansive needs assessment, and all written
documents resulting from it accompanied the RFRP transmitted to Time Warner
Cable on July 20, 1999. Since all materials necessary to respond to the RFRP have
been in Time Warner's possession since the submission of the RFRP, we see no
reason to extend or forego the response deadline of October 18, 1999.
We eagerly await the response to the RFRP. You will be receiving our
response to your letter shortly. Thank you.
Respectfully,
PIP,
cc Mr. Tom Dohney, General Manager, Time-Warner Ithaca
Ms. Jean Rice, Rice Williams Associates
v'Mr. Thys Van Cort, Director of Planning & Development
Ms. Patricia Dunn, Assistant City Attorney
Mr. Ben Curtis, Village of Lansing
Ms. Jeannie Lee, Economic Development Planner
"An Equal Opportunity Employer with an Affirmative Action Program" c
DENTIN. KEYSEK. L\BKECCLl1E & MOOR-E
RICHARD DENTON EDGAR. DENTON (1986) HSBC BANK BUIL.D1NC
RICHARD O. KEYSER. LYNN C. KEYSER (199.4) 150 LAKE STKEET
ALEX T. L^11PECCLUE CARL D. MEACHAM(1985)
JOHN V. MOORS CHARLES A.WINDING(1995) ELIMIRA. NEW YORK 14901-3417
DAVID B. PAWLAK'
GEORGE H. WINNER. JR. TELEPHCNE (GO7) 734-65i91
RICHARD P. WOODHCUSE FAX (GOT 734-9292
ICHN`W MALONEY
SCOTT D.MOORE'
'AISO ADMrr-,M M PA
September 16. 1999
Records Access Officer
City of Ithaca
103 E. Green Street
Ithaca, New York 14350
C�
Re: Freedom of Information Request.
Dear Records Access Officer:
Pursuant to Article 6 of the Public Officer's Law(Freedom of Information Law), the
undersigned requests that you copy and mail at our expense the following public records
maintained by the City of Ithaca relating to its Franchise Agreement with Time Warner Cable:
1. All written materials constituting the needs assessment leading to the
development of a request for renewal proposal (RFRP) as specified under 626(a)(1) of the Cable
Act.
2. Copy of the Resolutions from the individual communities authorizing the
RFRP to be issued by the Ithaca Area Cable Consortium on their behalf.
3. All written records involving the needs assessment conducted pursuant to
Section 626(a)(1) of the Cable Act on an individual franchise basis for the member communities
of the Ithaca Area Cable Consortium.
4. Any and all written documents, whether prepared by the City, its staff, or any
third-party acting on the City's or Ithaca Area Cable Consortium's behalf, relating to cost
estimates for the requirements set forth in the RFRP.
6. Copy of the Rice Williams Contract with the Consortium and/or the
individual Franchise Municipalities.
6. All Cable Franchise Compliance Assessments and Evaluations, whether
conducted by the City, its staff, or any third-party acting on the City's or Ithaca Area Cable
Consortium's behalf.
Page 2.
Re: Freedom of Information Request.
September 16, 1999
7. All notices and other correspondence between the City and the Franchisee
regarding Cable Franchise or Cable Regulatory Compliance or any issues related thereto.
8. Reports, policy statements and position papers whether by the City, its staff,
or any third-party acting on the City's or Ithaca Area Cable Consortium's behalf, regarding the
performance of the Franchisee under any Cable Franchise or applicable ordinance.
9. All communications and correspondence with the Ithaca Area Cable
Consortium, Cable Franchise Negotiating Committee, Inter-Municipal Cable Commission or
others regarding Cable Franchisee performance and/or compliance under the Cable Franchise or
any applicable ordinances.
10. All reports,recommendations and/or policy statements regarding cable
franchise renewal issues,whether prepared by the City, its staff,Ithaca Area Cable Consortium,
Inter-Municipal Cable Commission, Rice Williams Associates or any other third-party.
11. All correspondence with the Inter-Municipal Cable Commission, Cable
Franchise Negotiating Committee, Ithaca Area Cable Consortium,Rice Williams Associates or
any third-party regarding any renewal or pending renewal of any cable franchise, including any
communications or correspondence discussing the ascertainment of the cable related needs of the
Ithaca Area Cable Consortium,the renewal process, and/or franchise compliance assessments.
Pursuant to the New York Freedom of Information Statutes we request that you provide
copies of the above documents to the attention of George H. Winner, Jr. at the address provided
above within five business days.
If you have any questions, please contact the undersigned.
Very truly yours.
eorge H. Winner, Jr.
GHW/sl
LL•Ul: utN 1—PI ht r 5ck LHIJ r I t<(I
LAW OFFICES
DENTON, KEY5ER. LABRECQUE & MOORE
MCRA"DE*)TON EDGAR OENTON(19861 H53C BANK BUILDING
RICHARD 0. KFYUA LYNN C.KEYSER(1994) 150 LAKE STREET
ALLX T.LADRECC UE CARL D.MRACNAM(1965)
JOHN v MOOP.P CNARIES A.V(ND1NC(1"5) El VIRA. NEW YORK 14901-3417
CAYlD s. FAMAIV —
CEOP.GE H. WINNM 1R. TELEPHONE (607) 734.6191
MCHAAD P.WOOOMCLLSE FAX (307) 734-9262
JOHN W.MALONEY
5ccrrr 0.MOOKE,
-ALSO AOMrrrW N II►
July 28, 1999
VIA: CERTIFIED NLAIL
Hon. Alan J. Cohen,
Mayor of City of Ithaca
108 East Green Street
Ithaca,New York 14850-5690
Re: Ithaca Area Cable Consortium
Dear Mayor Cohen:
On behalf of Time Warner Cable and the participants in Monday's telephone conference,
I want to express my appreciation to you and others involved in the renewal process for our
discussions that will hopcfully lead to a successful renewal of the franchise in Ithaca.
It is our understanding that the Consortium is unwilling to toll the period to respond to
the RFRP pending informal negotiations. As we indicated,we will need to devote our attention
to the development of our response to the RFRP during the next few months.
7It is our understanding,however,that subsequent to our submission of the RFRP that
informal negotiatioas for renewal would take place.
To assist us in the preparation of our RFRP and to insure that we are responsive to
community needs, we would appreciate the following information:
I. A written assurance that the individual communities have completed the
review and evaluation specified under 626(a)(1)of the Cable Act,and that all written materials
constituting the needs assessment leading to the development of the RFRP have been provided to
US.
2. Copies of the Resolutions from the individual communities authorizing the
RFRP to be issued by the Consortium on their behalf.
3. Specific breakdown of the needs assessments on an individual franchise basis,
as would be required under both State and Federal Law.
Hl �i-�~-_�a7 It:,: _t3 DE-J 'I 4 E'r'EE= LA'J Fi=f'1 774
c
Page 2.
Re:Ithaca Ara Cable Consortium
July 29, 1999
4. Any and all information relating to cost estimates for the requirements set
forth in the RFRP.
5. Copy of the Rice Williams Contract with the Consortium and/or the individual
franchise municipalities.
6. Copy of the RFRP on disk to facilitate our response. — E
Thank you for your attention to this matter, and we appreciate the (v i
with you to conclude the renewal process. n G��
IN
Very truly yc ��
George H. Winner,Jr.
GHW/sl
cc: Tom Doheny,
Time Warner Cable-Ithaca
TOTAL P.03
STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE
THREE EMPIRE STATE PLAZA, ALBANY, NY 12223-1350
Internet Address: http://www.dps.state.ny-us
PUBLIC SERVICE COMINIISSION
MAUREEN O. HELMER
Chairman _ LAWRENCE G.MALONE
_ General Caum d
THOMAS J. DUNLEAVY
JAMES D. SENNETi' DEBRA RENNER
LEONARD A. WEISS - Acting Seams
NEAL N.GALVIN
;� n4 V
� V
1
i
July 26, 1999
Time Warner-Syracuse ,
P .O. Box 4733
Syracuse, NY 13221
Case x : 98-V-1896
Honorable Alan Cohen
Mayor
City of Ithaca
108 East Green St .
Ithaca, NY 14850
Dear Sir/Madam:
The Temporary Operating Authority under which Time Warner-
Syracuse has been providing service in the City of Ithaca will expire
August 1, 1999 .
The Company and the municipality are negotiating a franchise
renewal. The Public Service Commission has determined that it would be in
the public igterest to grant Temporary Operating Authority so that the
Company may continue to provide cable television services during the
negotiation of the'- franchise renewal . The expired franchise sets forth
certain rights and obligations of the parties . Part 595 of our cable
rules, 9 NYCRR, sets forth franchise standards which must be contained in a
cable television franchise presented to the Commission for approval .
-. --+.
This Temporary Operating Authority is granted on condition that
during the terms of this authority, the parties shall comply with all the
terms and provisions of their expired franchise and all of the provisions
set forth in Part 595 of our cable rules . In the event any franchise
provision is inconsistent with a provision of Part 595, . the provision most
beneficial to the subscriber shall be controlling.
Subject to the conditions and understanding expressed herein,
Temporary Operating Authority is hereby granted to Time Warner-Syracuse for
its operations in the City of Ithaca, said authority to expire February 1,
2000 .
By direlcntionnn oftheCommission,
DEBRA RENNER
Acting Secretary
CITY OF ITHACA FILE COPY
f
108 East Green Street Ithaca, New York 14850-5690
.
.........f^'�4p DEPARTMENT OF PLANNING AND DEVELOPMENT
��/G�0 H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning& Development-607/274-6550 Community Development/IURA- 607/274-6559
Fax: 607/274-6558
TO: Cable Franchise Negotiating Committee
FROM: Jeannie S. Lee%q -_
Economic Deve opment Planner
DATE: December 13, 1999
RE: Meeting Notice
MEETING NOTICE: December 20, 1999, Monday, 4pm-6pm in City Hall, 3rd floor
conference room.
Thank you for attending the meeting of December 8th. It was a good start. Our next meeting to
continue discussion of the TW RFRP will be held on December 20, 1999 at 4pm-6pm in the 3rd
floor conference room in City Hall. Jean Rice will be joining us via teleconference. In the mean
time please provide me with any questions you have regarding the TW RFRP. We will be
compiling the questions and sending them off to TW for a response the week of December 20th.
We expect to have our first informal negotiating meeting with TW in mid January and will need
responses to our questions back from them the week before. Our secretary Eileen Jacobs will be
in contact with you to schedule the meeting with TW. We are targeting January 20th, a
Thursday, for about 4 hours. We expect to hold 2-3 other meetings with TW after the one in
mid-January, depending on how things progress. The informal process letter will be sent out as
soon as possible. Thank you.
An Equal Opportunity Employer with a commitment to workforce diversification." IrP
Cable Franchise Negotiating Members 12/10/99
NNWr
ry
1. Judy Boggess 110 Maple Avenue 255-2471 idbl3@comell.edu
Ithaca,NY 14850
2. Mayor Alan Cohen City of Ithaca 274-6501 mayor(a�ci.ithaca.ny.us
108 East Green Street fax 274-6526
Ithaca, NY 14850
3. Ben Curtis Village of Lansing 257-8363 vlansing(iDdarityconnect.com
2405 N. Triphammer Rd. fax 257-3230
Lansing, NY 14882
4. Patricia Dunn City of Ithaca 274-6504 patriciad@ci.ithaca.ny.us
108 East Green Street
Ithaca,NY 14850
5. Mike Lane 12 South Street 844-8440
D den,NY 13053
6. Ray Schlather 200 East Buffalo Street 273-2202
Ithaca,NY 14850
7. Cathy Valentino Town of Ithaca 273-1721
126 East Seneca Street fax 273-1704
Ithaca,NY 14850
8. Thys Van Cort City of Ithaca 274-6550 thyysvc6ki.ithaca.n .esus
108 East Green Street fax 274-6558
Ithaca, NY 14850
9. Pat Vaughan 304 Eastwood Ave 277-4889 pvaushan@lightlink.com
Ithaca, NY 14850
City of Ithaca 274-6550 ieannielaci.ithaca.ny.us
10. Jeannie Lee 108 East Green Street fax 274-6558
Ithaca, NY 14850
RICE, WILLIAMS ASSOCIATES
December 23, 1999
Mr. H. Matthys Van Cort
Director of Planning & Development
City of Ithaca
108 East Green Street
Ithaca,NY 14850
Dear Thys:
Enclosed please find questions to Time Warner Cable on behalf of the Ithaca Area Cable
Consortium. These questions should be forwarded with a cover letter (draft attached) from
Consortium representatives to the cable company. Perhaps this would be an appropriate letter for
the Mayor and Ben to sign. If you have any questions or Consortium members desire any additional
questions, please do not hesitate to let us know. Hope you have a good holiday!
Sincerely,
. , *�
Don C. Williams, Ph.D.
Partner
DCW/jms
Enclosure
cc: Mr. Ben Curtis
Ms. Patricia Dunn
2121 K Street,NW 209 Elden Street
Suite 800 Suite 200
Washington,DC 20037 Herndon,VA 20170
Phone:(202)737-2400 Phone:(703)467.9833
DRAFT
December 23, 1999
Mr. Tom Dohney
General Manager
Time Warner Cable
519 W. State Street
Ithaca,NY 14850
Dear Mr. Dohney:
Attached are questions from the Ithaca Area Cable Consortium regarding Time Warner's
Renewal Proposal. Please respond to this request by January 13th. If there are any additional
questions as we review the materials, they will be forwarded to you.
We would like to begin negotiations the third week in January. After the first of the year,
we will let you know what dates in January and February are available for negotiations and
coordinate with you on the meeting dates.
Sincerely,
Alan J. Cohen Ben Curtis
Mayor Codes Officer
Attachment
ITHACA AREA CABLE CONSORTIUM, NY
QUESTIONS TO TIME WARNER CABLE
December 23, 1999
1. The Consortium required cable construction at 15 homes per mile. Time Warner's proposal
calls for 20 homes per mile cable plant construction. Please estimate the number of homes
within the Consortium's franchise areas that will not be passed by cable given Time
Warner's proposal versus the Consortium's requirement.
2. The Consortium inquired as to possible resolutions concerned with picture quality problems
on cable channel WSYT from Syracuse. Time Warner had indicated during the technical
analysis of the system that they had been inquiring with the broadcaster to get the signals
from a fiber optic link to be made in Cortland. Time Warner indicates in their proposal that
they are continuing,but without success,to resolve these problems. Please indicate whether
or not fiber optic connections to resolve such signal interference problems are feasible.
3. Time Warner indicated that according to their records during the first eight months of 1999,
12%of service calls made to customers in the Ithaca cable system resulted in repeat service
calls. Time Warner further states that the"most common reasons" for these repeat calls were
customers not at home or customer education. Please provide the percent of repeat calls
because the customer was not at home for the initial visit.
4. Time Warner indicated that a four camera robotic equipment package was on order for the
City of Ithaca cablecasts. Please indicated when this package was ordered, and when it is
expected to arrive.
5. Time Warner indicated that the Company was currently working on proposals for
educational access for Trumansburg and Groton Central Schools, as well as Lansing
Elementary and DeWitt Middle School. Please indicate what these proposals involve and
when decisions will be reached on their acceptance and implementation.
1
QUESTIONS TO TIME WARNER CABLE
December 23, 1999
6. The Consortium indicated that the current studio hours of 3:00 p.m. to 11:30 p.m. do not
allow or encourage daytime use prior to 3:00 p.m. Please indicate what the additional cost
of operating the studio would be for morning hours. What hours between 3:00 p.m. and
11:30 p.m. have been the least utilized during the past year?
7. Please provide an approximate breakdown of the costs for constructing the I-net as required
in the RFRP on a per site basis. Please distinguish between sites in each of the Consortium
communities. Also,please provide a breakdown of the estimated costs, in the proposal, for
end user equipment.
8. The Consortium understands your concern regarding the information requested by the
Consortium regarding the experience of Time Warner in Section 1, Part C. Please provide
the information requested for the State of New York in systems which are owned and
operated by Time Warner Cable.
9. The Company indicates that the audit of subscriber drops is a constant, on-going effort.
Further,the Company indicates that each service call is an opportunity to reinspect the drop
network. The Consortium would like to know if any drops not meeting specifications have
been replaced within the last 24-months. Please indicate the approximate number.
10. In response to Question 4, under "Channel Capacity," Time Warner has responded that the
fiber optic going to the Cortland system is completed, and that "all off-air channels carried
on the system meet all FCC signal quality standards." However,earlier in the proposal,Time
Warner indicates that signals from Syracuse are not up to standards, and that Time Warner
has been trying to resolve these problems with the broadcaster, but without success. Please
reconcile these apparently contradictory statements regarding the quality of signals received
from Syracuse broadcasters.
11. Time Warner indicates that digital services are planned within 12 months of the renewal of
their franchises in the Ithaca area. Please indicate if the digital services will be part of the
Athena digital services provided by Time Warner.
2
QUESTIONS TO TIME WARNER CABLE
December 23, 1999
12. Time Warner indicated that the current Trilithic EAS system currently needs FCC and New
York State requirements regarding emergency alert service. Further, Time Warner suggests
that it improved encoder/decoder to be installed at the County Emergency Communications
Center which would allow local jurisdictions to place emergency alert requests with the
County. Please indicate the approximate cost and availability of such an encoder and
decoder as the Company has recommended.
13. In Section 7, "Local Programming," in response to question l., Time Warner proposes
spending of approximately $600,000, over the 10-year projected term, with renewed
franchises based on the average Consortium customer base of 18,700. The financial pro
forma, as attached Exhibit 13 indicates an average basic customer count for the year ending
1999 at 25,630. Please reconcile this difference.
14. In the proforma assumptions, an annual recurring capital expense of$50,000 is shown for
"cable casting equipment." Please explain this equipment funding as it relates to local PEG
programming.
15. The Consortium would like to know the average revenues per subscriber per month or year
for the most recent fiscal year for which information is available in each of the Consortium
member areas, and a current count of subscribers for each participating municipality.
16. Please describe how local live government programming could be carried to subscribers from
each of the Consortium communities municipal buildings. Please estimate the cost for each
"local origination point," and describe the technology that would be used.
17. The Schools have need for real time distance learning video programs. Please explain how
the Road Runner service could provide for this or what alternative technology could be used.
3
s
QUESTIONS TO TIME WARNER CABLE
December 23, 1999
18. Please provide Time Warner's experience in New York State providing I-net services using
fiber optics and the Road Runner service and a corresponding municipal/school contact.
19. How much capacity would be available to any locations choosing to use the Road Runner
service?
20. The public saferty agencies would like to receive video training programming. Can this be
done using the Road Runner service? Please describe what equipment would be needed and
its cost.
21. Assumptions to the pro forma under penetration percentage state the following, "declining
from 82.8%in year 1 to 80%in years 6-10." The pro forma indicating year 1 penetration of
78.6% which declines to 76% in years 6-10. Is this difference in penetration between the
assumption and the pro forma a result of the "seasonality of the subscriber base due to the
student population?" If not,please explain.
22. The mileage figures supplied in B., "System Design," total 281.7 miles. Home passed for
the year ending 1999 are 32,609 as stated in the pro forma. This results in a very attractive
homes per plant mile average of 116. Given that these numbers are accurate,please explain
to Consortium members representing jurisdictions with residents not reaching 20 homes per
cable plant mile, why when the average is 116, less than 20 homes per plant mile are
somehow financially not viable to construct.
4
LAW OFFICES
DENTON, KEYSER, LABRECQUE & MOORE ucu
RICHARD DENTON EDGAR DENTON(1986)
RICHARD D. KEYSER LYNN G. KEYSER(1994) 150 LAKE STREET
ALEX T LABRECCI IE CARL D.MEACHAM(1985)
JOHN V. MOORE CHARLES A. WINDING(1995) ELMIRA, NEW YORK 14901-3417
DAVID B.PAWLAK* _
GEORGE H. WINNER,JR. TELEPHONE (607) 734-6191
RICHARD P.WOODHOUSE FAX (607) 734-9282
JOHN W MALONEY
SCOTT D.MOORE*
*ALSO ADMITTED IN PA
December 23, 1999
Mr. Thys Van Cort,
Director of Planning & Development
City of Ithaca
108 E. Green Street
Ithaca,New York 14850
Re: Ithaca Area Consortium and Time Warner Cable
Dear Mr. Van Cort:
This correspondence is in response to your request to Time Warner Cable for the
commencement of informal negotiations, and a tolling of the period for the Ithaca Area Cable
Consortium to respond to our submission dated November 17, 1999 of the Cable Franchise
Renewal Proposal. Pursuant to the Cable Act, a formal response by the Consortium is required
within four months subsequent to the November 17, 1999 submission.
Time Warner Cable has spent substantial dollars in both time and consultants in its
preparation of the November 17, 1999 formal renewal proposal of Time Warner Entertainment
Company, LLP, and Time Warner Entertainment-Advance/New House Partnership.
Time Warner Cable is not opposed to commencing informal negotiations, however, we
are concerned that based upon past history of discussions surrounding the prior model franchise,
that these discussions may not be productive.
Our proposal has been submitted in good faith, and in our judgment more than adequately
responds to the future cable-related community needs and interests, while being cognizant of the
costs of meeting those needs and interests.
Since the proposal as submitted is comprehensive and fully responds to the Consortium's
request, prior to undertaking of informal negotiations Time Warner Cable would like the
Consortium to provide a specific list outlining areas that it believes need clarification or further
discussion, and which areas of Time Warner Cable's proposal are not at issue. To commence
informal negotiations de novo, would in our judgment be an unnecessary duplication of efforts
Mr. Thys Van Cort,
Director of Planning& Development
Re: Ithaca Area Consortium and Time Warner Cable
December 23, 1999
already expended. Additionally, in order to prevent protracted negotiations Time Warner Cable
would like a proposed schedule of negotiation sessions, a list of the members of the negotiating
team, their delineation of authority and the role of the consultant.
These ground rules are critical to any success, but prior to the commencement of any
negotiations, it is again deemed critical that we understand the items that are in agreement verses
ones that need more clarification or understanding by the Consortium.
Very truly y s,
George H. Winner, Jr.
GHW/sl
cc: Tom Doheny
Steven Miron
Mary Cotter
Gary Matz, Esq.
Se,,4
Ma a- Cohn-rte.
jeanru ° ���'
1
�� ,�••••' ••••.4� CITY OF ITHACA
V •� 108 East Green Street Ithaca,New York 14850-5690
� 1
OFFICE OF THE MAYOR • ALAN J.COHEN
Telephone: 607/274-6501 Fax: 607/274-6526
December 23, 1999
Mr. Tom Dohney
General Manager
Time Warner Cable
519 W. State Street
Ithaca,NY 14850
Re: Tolling of Formal Franchise Renewal Procedures
Dear Mr. Dohney:
It is my understanding that both the Ithaca Area Cable Consortium, consisting of the City
of Ithaca, Town of Ithaca, Town of Caroline, Town of Groton, Town of Lansing, Town of
Ulysses, Village of Lansing, Village of Trumansburg, Village of Dryden, Village of Cayuga
Heights, and the Village of Freeville ("Franchisor") and Time Warner Cable ("Time Warner")
desire to commence informal franchise renewal negotiations. As you know, the Ithaca Area
Cable Consortium has been proceeding under the formal process for franchise renewal under the
Cable Act, as amended. Consistent with the Cable Act, the Consortium may suspend formal
procedures while the parties continue to proceed informally. This letter is intended for both
parties to confirm that the Consortium and Time Warner will proceed with informal franchise
negotiations. Accordingly, this letter confirms the parties' agreement that all periods within
which action must be taken under the Cable Act are tolled for the duration of this temporary
suspension. Neither the Franchisors nor Time `warner waive any right to the fort-nal franchise
renewal process under Section 626 of the Cable Act during the time that the parties are engaged
in informal franchise renewal negotiations. The parties hereby agree that the formal renewal.
procedures under Section 626 will be suspended until March 15, 2000. Prior to that time, either
the Franchisor or Time Warner may reactivate the formal renewal proceedings at any time upon
written notice to the other. The parties agree to reserve the right to proceed with the formal
renewal process upon written notice to the other party or parties.
The Consortium and Time Warner agree to use their best efforts to have negotiation
personnel available in a timely manner, as needed to complete negotiations.
02 4 a
DEPARTMENT OPMENT
"An Equal Opportunity Employer with an Affirmative Action Program" ��
r
Mr. Tom Dohney
Time Warner Cable
December 22, 1999
Page 2
If this letter accurately reflects our understanding, please sign one of the enclosed copies
and return it to my office. I am hopeful that such informal negotiation results in a satisfactory
resolution of the franchise renewal process.
Respectfully,
a6� —
Alan J. 4fien, Mayor , General Manager
City of Ithaca [For Time Warner]
CABLE
Ben Curtis
Chairman, Intermunicipal Cable Commission
[For the Ithaca Area Cable Consortium]
TIME WARNER
CABLE
December 17, 1999
Mr. H. Matthys Van Cort
Director of Planning and Development
City of Ithaca
108 East Green Street
Ithaca, NY 14850
Dear Mr. VanCort:
We are pleased to deliver eleven copies of our Response for Renewal Proposal (RFRP) to you
today. We look forward to working with you in the renewal process.
Thank you.
Sincerely,
Thomas P. Doheny
General Manager
Received on: Ill 7 1
By:
CITY OF ITHACA
`,fits 108 East Green Street Ithaca,New York 14850-5690
OFFICE OF THE MAYOR • ALAN J.COHEN
Telephone: 607/274-6501 Fax: 607/274-6526
December 27, 1999
Mr. Tom Dohney, General Manager
Time Warner Cable
519 West State Street
Ithaca,NY 14850
Dear Mr. Dohney:
Enclosed are questions from the Ithaca Area Cable Consortium regarding Time Warner's
Renewal Proposal. Please respond to this request by January 13, 2000. If there are any
additional questions as we review the materials,they will be forwarded to you.
We would like to begin negotiations the third week in January. After the first of the year,
we will let you know what dates in January and February are available for negotiations and
coordinate with you on the meeting dates.
Sincerely,
Alan J. Cohen, Mayor n Curtis, Chairman
City of Ithaca Intermunicipal Cable Commission
[For the Ithaca Area Cable Consortium]
Enclosure
'An Equal Opportunity Employer with an Affirmative Action Program" ��
r �
I
ITHACA AREA CABLE CONSORTIUM, NY
QUESTIONS TO TIME WARNER CABLE
December 27, 1999
1. The Consortium required cable construction at 15 homes per mile. Time Warner's
proposal calls for 20 homes per mile cable plant construction. Please estimate the number
of homes within the Consortium's franchise areas that will not be passed by cable given
Time Warner's proposal versus the Consortium's requirement.
2. The Consortium inquired as to possible resolutions concerned with picture quality problems
on cable channel WSYT from Syracuse. Time Warner had indicated during the technical
analysis of the system that they had been inquiring with the broadcaster to get the signals
from a fiber optic link to be made in Cortland. Time Warner indicates in their proposal that
they are continuing, but without success, to resolve these problems. Please indicate
whether or not fiber optic connections to resolve such signal interference problems are
feasible.
3. Time Warner indicated that according to their records during the first eight months of 1999,
12% of service calls made to customers in the Ithaca cable system resulted in repeat service
calls. Time Warner further states that the "most common reasons" for these repeat calls
were customers not at home or customer education. Please provide the percent of repeat
calls because the customer was not at home for the initial visit.
4. Time Warner indicated that the Company was currently working on proposals for
educational access for Trumansburg and Groton Central Schools, as well as Lansing
Elementary and DeWitt Middle School. Please indicate what these proposals involve and
when decisions will be reached on their acceptance and implementation.
5. The Consortium indicated that the current studio hours of 3:00 p.m. to 11:30 p.m. do not
allow or encourage daytime use prior to 3:00 p.m. Please indicate what the additional cost
of operating the studio would be for morning hours. What hours between 3:00 p.m. and
11:30 p.m. have been the least utilized during the past year?
6. Please provide an approximate breakdown of the costs for constructing the I-net as required
in the RFRP on a per site basis. Please distinguish between sites in each of the Consortium
communities. Also, please provide a breakdown of the estimated costs, in the proposal, for
end user equipment.
q:\planning\projects\jeannie\cable\rfrp questions to timewamer.doc - 1 -
QUESTIONS TO TIME WARNER CABLE
December 27, 1999
7. The Consortium understands your concern regarding the information requested by the
Consortium regarding the experience of Time Warner in Section 1, Part C. Please provide
the information requested for the State of New York in systems that are owned and
operated by Time Warner Cable.
8. The Company indicates that the audit of subscriber drops is a constant, on-going effort.
Further, the Company indicates that each service call is an opportunity to reinspect the drop
network. The Consortium would like to know if any drops not meeting specifications have
been replaced within the last 24-months. Please indicate the approximate number.
9. In response to Question 4, under"Channel Capacity," Time Warner has responded that the
fiber optic going to the Cortland system is completed, and that"all off-air channels carried
on the system meet all FCC signal quality standards." However, earlier in the proposal,
Time Warner indicates that signals from Syracuse are not up to standards, and that Time
Warner has been trying to resolve these problems with the broadcaster, but without success.
Please reconcile these apparently contradictory statements regarding the quality of signals
received from Syracuse broadcasters.
10. Time Warner indicates that digital services are planned within 12 months of the renewal of
their franchises in the Ithaca area. Please indicate if the digital services will be part of the
Athena digital services provided by Time Warner.
11. Time Warner indicated that the current Trilithic EAS system currently needs FCC and New
York State requirements regarding emergency alert service. Further, Time Warner suggests
that it improved encoder/decoder to be installed at the County Emergency Communications
Center which would allow local jurisdictions to place emergency alert requests with the
County. Please indicate the approximate cost and availability of such an encoder and
decoder as the Company has recommended.
12. Section 7, "Local Programming," in response to question 1., Time Warner proposes
spending of approximately $600,000, over the 10-year projected term, with renewed
franchises based on the average Consortium customer base of 18,700. The financial pro
forma, as attached Exhibit 13 indicates an average basic customer count for the year ending
1999 at 25,630. Please reconcile this difference.
13. In the pro forma assumptions, an annual recurring capital expense of$50,000 is shown.for
"cable casting equipment." Please explain this equipment funding as it relates to local PEG
programming.
q:\planning\projects\jeannie\cable\rfrp questions to timewarner.doc - 2 - '
QUESTIONS TO TIME WARNER CABLE
December 27, 1999
14. The Consortium would like to know the average revenues per subscriber per month or year
for the most recent fiscal year for which information is available in each of the Consortium
member areas, and a current count of subscribers for each participating municipality.
15. Please describe how local live government programming could be carried to subscribers
from each of the Consortium community's municipal buildings. Please estimate the cost
for each"local origination point,"and describe the technology that would be used.
16. The Schools have need for real time distance learning video programs. Please explain how
the Road Runner service could provide for this or what alternative technology could be
used.
17. Please provide Time Warner's experience in New York State providing I-net services using
fiber optics and the Road Runner service and a corresponding municipal/school contact.
18. How much capacity would be available to any locations choosing to use the Road Runner
service?
19. The public safety agencies would like to receive video-training programming. Can this be
done using the Road Runner service? Please describe what equipment would be needed
and its cost.
20. Assumptions to the pro forma under penetration percentage state the following, "declining
from 82.8% in year 1 to 80%in years 6-10." The pro forma indicating year 1 penetration of
78.6%which declines to 76%in years 6-10. Is this difference in penetration between the
assumption and the pro forma a result of the"seasonality of the subscriber base due to the
student population?" If not, please explain.
21. The mileage figures supplied in B., "System Design,"total 281.7 miles. Home passed for
the year ending 1999 are 32,609 as stated in the pro forma. This results in very attractive
homes per plant mile average of 116. Given that these numbers are accurate, please
explain to Consortium members representing jurisdictions with residents not reaching 20
homes per cable plant mile, why when the average is 116, less than 20 homes per plant mile
are somehow financially not viable to construct.
q:\planning\projects\jeannie\cable\rfrp questions to timewarner.doc - 3 -
RICE, WILLIAMS ASSOCIATES
January 14, 2000
Ms. Jeannie Lee
Economic Development Planner
City of Ithaca
108 East Green Street
Ithaca NY 14850
Dear Jeannie:
Enclosed for distribution to the negotiating committee is the draft summary chart we
discussed. Please distribute and give committee members a deadline to provide any changes.
After we have incorporated any changes, Ben can distribute the chart to the Tompkins County
Intermunicipal Cable Commission.
Sincerely,
�
Jean Rice
Partner
JR/jms
Enclosure
cc: Mr. Ben Curtis, Chairman, Tompkins County Intermunicipal Cable Commission
2121 K Street,NW 209 Elden Street
Suite 800 Suite 200
Washington,DC 20037 Herndon,VA 20170
Phone:(202)737-2400 Phone:(703)467.9833
ITHACA AREA CABLE CONSORTIUM, NY
SUMMARY OF RENEWAL PROPOSAL
DRAFT
January 13, 2000
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
1. Line Extension Cable service required to be provided to all 20 homes per mile density required for service;
residences within the Village of Lansing,Village service to lower density areas with cost contribution.
of Trumansburg, Village of Dryden, Village of
Cayuga Heights, West Groton, the Village of
Freeville, and the City of Ithaca.
The Town of Ithaca,Town of Caroline,Town of 20 homes per mile density required for service;
Groton, Town of Lansing, and the Town of service to lower density areas with cost contribution.
Ulysses required service to be provided in areas
with a minimum of 15 residential units per cable
mile or higher. In such areas with a density of
lower than 15 homes per mile, a line extension
formula was required.
Consortium sought to have cable service Commercial development service to be provided
provided to any commercial development of upon request at cost, including time and materials.
100,000 sq. feet and 100 jobs at the owner's
request.
Consortium sought non-residential line Commercial service to be provided upon request at
extension formula for delivery to commercial cost, including time and materials.
areas for a normal cost of installation and
thereafter at cost.
1
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
2.: State-of-the-Art ClauseCurrent upgrade sufficient for short term of Company invested in system upgrade to 750 MHz
franchise, if Company sought long term, RFRP hybrid fiber-coaxial system offering high-speed on-
required a proposal which provides for state-of- line service. Company requests longer term and
the-art system upgrades and services throughout indicates it would not agree to a state-of-the-art
the term of the Franchise. provision and provides legal analysis.
Digital Service Consortium required that the Company's time Company anticipates launching digital services
table for providing digital services be provided. within twelve(12)months after renewal.
4.' Technical Consortium encouraged the Company to provide
the following:
Back-up power supplies throughout the network. Headend power supply, indicates architecture
minimizes effect of power outages.
BTSC stereo pass-through for all broadcast and BTSC on 34 channels to be evaluated in future, no
satellite stereo channels. commitment to provide on all channels.
Replacement of subscriber drops which do not Company indicates it complies with all drop and
meet standards; house drops required to meet grounding requirements;drops changed as Company
applicable codes. is aware of problem.
Status monitoring. Company has status monitoring.
5. Picture Quality for Specific RFRP required Company use best efforts to Fiber optic interconnect with Cortland system
Stations construct fiber link for delivery of Syracuse complete.
stations.
The RFRP asked the plan to investigate Company engaged in discussion with Channel 8 on
electrical interference problems with Channel transmitter problems. Questions on quality submitted
57; improvement in the performance of Syracuse to Company.
off-air signals; and improvement in picture
quality of Channel 8.
2
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
6. Construction,Installation,and Company required to provide. Company indicates manuals available for inspection
Safety Manuals at Company offices.
7. Customer Services The Consortium sought a high level of customer Company completed customer service response
service. forms; provided current statistics regarding
performance such as installations and busy signals.
Company indicates it received 1999 NCTA Customer
Seal of Approval and meets or exceeds all FCC and
NYSPSC customer service standards.
Outage policy requested. Customers eligible for refunds for outages in excess
of four hours.
Indication that the Company's request for Company charges a $5 late fee on bills unpaid 60
providing information on late charge practices. days from date of billing.
Consortium required the Company to make Company indicates it complies with ADA.
reasonable accommodations upon request for
people with disabilities including being ADA
compliant.
Provide plan for minimizing repeat repair calls. Refined call ahead program,customer education and
on-going training of all customer contact personnel.
The Consortium required the Company to Company indicates availability at any time to discuss
provide a plan for promptly responding to relevant issues with the Consortium.
citizen complaints forwarded by franchising
authorities and providing a written summation of
the action taken to the relevant franchising
authority representative.
3
r
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
8. Interconnection The Consortium required interconnection of all I-net sites,per Franchise, interconnected;3 additional
Consortium institutional network locations and sites per 1993, Memorandum of Understanding with
interconnection of access channels as requested City of Ithaca; 7 sites voluntarily provided to schools
by each franchising authority. The Company and City(See I-net Section).
was required to provide interconnection to the
access channels institution's transmitting access
programming on the institutional network.
The Company was required to interconnect and Upon request,Company to meet with cable operator
deliver educational access channels programmed in Enfield to discuss educational access channel
by the Ithaca School System with the cable interconnect and cost.
system in Enfield.
The Consortium required a plan to interconnect Company proposes to discuss interconnection with
access channels to surrounding jurisdictions. Consortium members.
9.< Programming Consortium encouraged Company to: provide a Company has right to make programming changes
full-time channel for the broad category of and will evaluate Consortium requests.
Spanish language programming;include in basic
a weather channel, 24-hour news coverage, and
C-SPAN II; public hearing input included,
adding services such as Descriptive Video
Service for the blind,Canadian stations, SCOLA
II.
Company indicates Federal law requires basic to
Consortium encouraged universal access tier include broadcast services.
free.
4
MAJOR ISSUES
SUMMARY RFRPTmE WARNER CABLE PROPOSAL
10. Access Channels The Consortium required no less than 9 access Company proposes 5 government, educational and
channels for government,education, and public public access channels; no audio channels; and pay-
access; No less than 6 audio channels for cable per-view on leased access channels.
radio; Capability to provide pay-per-view
programming on access channels. Consortium
expected to request activation of 1 additional
government access channel within 6 months
giving the total number of channels to be
activated to be 6 with 3 remaining for future.
Franchisee was required as the system was Company proposes no additional digital access
expanded to provide 5% of additional channel channel capacity for future use.
capacity through digital or other means or equal
HDTV capacity reserved for future access use.
11. Closed-circuit Programming The Franchisee was required to permit the access Company to permit closed-circuit programing and
channel to be used for closed-circuit provide converters at requesting parties expense.
programming with such programming scrambled
by the Company and viewable at public sector
sites. The Franchisee was required to provide
converters to free drop sites for the reception of
such programming.
12. Government and;Educational Robotics equipment for the City of Ithaca Company has a four camera robotics equipment
Access Equipment Council Chambers, including: 4 robotics package on order.
cameras and associated equipment; off-site
switcher; audio equipment; character generator;
monitors; dubbing and editing equipment;
ancillary equipment.
5
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
12. Government and Educational Equipment for four small studios (Consortium Company indicates it currently has available for use
Access Equipment(Cont'd) communities to provide buildings for studios). two mobile production studios with up to four
Each studio to include: 3 cameras;control room cameras and adequate equipment for cablecast.
equipment; audio equipment; lighting
equipment;playback and editing equipment;one
portable eng unit; associated equipment.
Renovation funds. No renovation funds proposed.
The Consortium required the main studio to be Company believes current studio adequate and has
enlarged and redesigned to accommodate mobile studio kits for use at other facilities.
different types of programming such as dance
performances, choral concerts, and public
meetings.
Equipment for two large studios and one small No expansion of equipment proposed. (See
studio and several automated studios and at least Replacement).
two easy to use portable studios was required for
public access.
Consortium required sufficient funding for PEG Company proposes to be responsible for equipment.
access equipment and facilities utilizing new Company reserves rights,if allowed by law,to deduct
production technologies as they become from franchise fees. Company proposes$600,000 be
available. Consortium required the Company spent on equipment replacement over ten years.
maintain and replace all public, educational and Company indicates that it has started to replace
government access equipment and to provide all equipment with digital equipment. Character
necessary headend equipment for PEG access. generators recently replaced.
Replacement purchases are required to take into
account new technological improvements.
6
MAJOR ISSUES
SUMMARY RFRPTim E WARNER CABLE PROPOSAL
12. Government and Educational Franchise area specific access channels. Company willing to discuss subdividing,by franchise
Access Equipment(Cont'd) area,the existing access channels.
Company indicates costs will be passed through to
subscribers or,of allowed by law,subtracted from the
franchise fee.
13. Origination Sites' Consortium required origination capability from Currently,all I-net sites can originate, and the studio
sites currently capable of cablecasting, e.g. can originate programming. Company will provide
Ithaca City Hall, and the following site: All four additional I-net sites which can originate
Consortium government offices;all studios; fire programming(See I-net).
and regional training center.
14. Government Meeting Coverage The Company was encouraged to continue Company will continue to provide City of Ithaca
production of City of Ithaca meetings. productions, but proposes to subtract amount from
franchise fees.*
The Company was encouraged to provide Company will provide production services, but
production service to other members of proposes to subtract amount from franchise fees.*
Consortium.
15. Free Drops The Consortium required the Franchisee to Company proposes to provide one free basic CPST
provide free drops,converters,and non-premium outlet in each municipality and each State accrdited
service to: public schools; institutions of higher school building within 150 ft. of the cable system.
education; public libraries; buildings of Company proposes to provide internal wiring and
Consortium governments; additional sites at multiple drops at cost to schools and governments.
Ithaca College. Each drop is required to be Drops in excess of 150 ft.at the expense of the school
capable of supporting multiple reception points. or municipality.
* Company reserves rights, if allowed by law,to offset against franchise fee. Legal analysis submitted indicated that operating support would be
deducted from franchise fees or would come from other municipal funds.
7
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
16. Operations The Consortium encouraged the Company to Company estimates spending $1.3 million over ten
provide public access staff and services, years for support. Company proposes to subtract
production services for City of Ithaca meetings, amount from franchise fees.*
services for programs for other Consortium
governments,training for school personnel, and
providing publicity services for public,
education and government access.
Additional studio hours were required. Company anticipates same hours, but willing to
discuss extended hours at local government cost.
17. Institutional Network The Consortium required:
The continued use of the existing coaxial cable Company indicates it will operate and maintain the
institutional network with: increased capacity existing coaxial network. Company will provide an
available for use on the network; a reliable additional two channels in each direction. Company
inventory of amplifiers and passives; response proposes to: maintain an adequate inventory of
time requirements; testing requirements; amplifiers and passives; will conduct annual tests;
operational protocols. coaxial cable to be replaced as needed;response time
of two hours during normal business hours.
Company will provide I-net to four locations.
Company will build other connections at users
expense. Company places new conditions on the use
of the coaxial cable I-net.
Fiber optic upgrade/replacement of the coaxial Company did not propose to upgrade/replace existing
cable network within three years. I-net with fiber optics(See below).
8
MAJOR ISSUES
SUMMARY RFRP TIME WARNER CABLE PROPOSAL
1T. Institutional Network(Cont'd) A fiber optic connection to identified locations Company did not propose to provide fiber extensions
in the Town of Ithaca, Town of Caroline, Town to new sites. Company provides estimate of$1.37
of Groton, Town of Lansing, Town of Ulysses, million dollar cost for upgrade/replacement to fiber
Village of Lansing, Village of Trumansburg, of existing I-net and construction to new sites.
Village of Dryden, Village of Cayuga Heights, Detailed cost per sites requested from Company
the Village of Freeville, and the City of Ithaca. again. Company indicates that municipalities should
The Consortium will also review any Company pay for fiber.
proposals to provide dedicated capacity through
the cable modem service.
The Consortium required 6 MHz of upstream
institutional network capacity available on the Company believes no need for additional capacity
subscriber network for remote video beyond Roadrunner service.
origination, telemetry, and other purposes.
The Consortium strongly encouraged the
Company to continue to provide free Internet Company to provide Internet service at the
service and modems to educational facilities and commercial rate. Company reserves right to waive
to provide Internet service to libraries, and fees at sole discretion.
volunteer fire department sites.
Company anticipates that all expenses associated
with I-net will be borne by users. Company reserves
right to pass through any and all 1-net costs to
subscribers.
9
MAJOR ISSUES
SUMMARY RFRPTIME WARNER CABLE PROPOSAL
18. Emergency Management Franchisee is required by the Consortium to keep Company willing to meet with Consortium members
emergency management informed of new to discuss at Consortium's request.
features and capabilities as they become
available and keep emergency management
updated on relevant FCC rules and regulations.
Consortium municipalities required the Company responds that equipment be installed at
Company to provide for local messages using a County. Company did not propose to provide.
touch-tone phone or similar equipment.
19. Franchise Fees The Consortium will require a franchise fee of Company to pay each municipality franchise fees up
5% or the maximum allowable by law of total to the maximum allowed by law.
gross revenues plus subscriber and
nonsubscriber revenue to be paid on a monthly
basis.
The Consortium will require the Company to Company proposes statement certified by an officer
provide an annual independent audited statement of the Company.
of gross revenues in the Consortium area.
20. Franchise Term The Consortium will extend the business terms Company submitted proposal based upon the grant of
of the current Ithaca Franchise for five years a ten year Franchise.
with specific modifications and extension to the
Consortium communities. If the Consortium's
franchising authorities believe the Company's
proposal meets community needs, the
Consortium will consider a longer term.
Indicated the term, and the applicant is required
to indicate which term it sought.
Ithaca\RFRP-Summary-Chart
10
,��•° i CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
�'pq�..,,,. ••,,..r�� DEPARTMENT OF PLANNING AND DEVELOPMENT
Po� O H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning&Development-607/274-6550 Community Development/IURA- 607/274-6559
Fax: 607/274-6558
TO: Cable Negotiating Members
FROM: Jeannie S. Lee
Economic Development Planner
DATE: January 14, 2000
RE: Negotiating Meetings
Attached is a letter to George Winner requesting an answer regarding the commencement of the
informal negotiating process and suggested times and dates for the negotiating meetings. The
meeting times and dates are tentative until we receive confirmation from Time Warner. Prior to
each meeting one hour has been allotted for a Negotiating Team meeting without Time Warner
representatives. I will contact all Negotiating Team members once a response from Time Warner
is received. Thank you.
Tentative Negotiating Schedule:
Negotiating Team TWE
Friday, January 21, 2000 9:00am 10:00am - 1:00pm
Thursday, January 27, 2000 11:00am 12:00pm - 4:00pm
2 Day Combined Meetin&
Wednesday, February 9, 2000 1:00pm 2:00pm - 6:00pm
7:OOpm- 10:OOpm
Thursday, February 10, 2000 8:30pm - 10:30am
Tuesday, February 15, 2000 11:00pm 12:00pm - 4:00pm
An Equal Opportunity Employer with a commitment to workforce diversification." ��
CITY OF ITHACA COPY
108 East Green Street Ithaca,New York 14850-5690
OFFICE OF THE MAYOR • ALAN J.COHEN
Telephone: 607/274-6501 Fax: 607/274-6526
January 12, 2000
Mr. George H. Winner, Jr.
Law Offices of Denton, Keyser, LaBrecque &Moore
HSBC Bank Building
150 Lake Street
Elmira,NY 14901-3417
Dear Mr. Winner:
We are in receipt of your 12/23/99 correspondence on behalf of your client, Time
Warner Cable. We were very surprised by this correspondence as your letter to the
Consortium of July 28th, 1999 stated "It is our understanding, however, that subsequent
to our submission of the RFRP that informal negotiations for renewal would take place."
The Consortium has proceeded under the assumption that Time Warner Cable sought to
enter the informal process after the submission of the renewal proposal. To initiate the
informal process, on December 23, 1999, the Consortium submitted to Mr. Thomas
Doheny, General Manager, an agreement signed by the Consortium to enter into the
informal process.
Following is a list of the members of the Ithaca Area -Cable Consortium
negotiating committee: Alan J. Cohen, Mayor, City of Ithaca; Thys Van Cort, Director of
Planning & Development, City of Ithaca; Ben Curtis, Chairman, Tompkins County
Intermunicipal Cable Commission; Patricia Vaughan, Common Council Member, City of
Ithaca; Mike Lane, member of the County Board of Representatives; Catherine
Valentino, Supervisor, Town of Ithaca; Patricia Dunn, Assistant City Attorney, City of
Ithaca; Ray Schlather, City of Ithaca; and Judy Boggess, City of Ithaca. This negotiating
committee has been authorized to negotiate on behalf of the Consortium. Jeannie Lee,
Economic Development Planner, City of Ithaca, is serving as staff to the Consortium. As
you are aware, Rice, Williams Associates is a consultant to the Consortium and any
franchises will have to be approved by the respective franchising authorities.
Please advise us of the names and titles of Time Warner Cable's negotiating team
and indicate if the aforementioned that Time Warner Cable team members have the
authority to make commitments on behalf of Time Warner Cable.
'An Equal Opportunity Employer with an Affirmative Action Program' t�
Mr. George H. Winner, Jr.
January 12, 2000
Page 2
Following are the dates the negotiating team is available for meetings in January
and February: Friday, January 21st, 10:00 a.m.-1:00 p.m.; Thursday, January 27th, 12:00-
4:00 p.m.; a two day combined meeting, Wednesday, February 9th, 2:00-6:00 p.m., 7:00-
10:00 p.m., and Thursday, February 10th, 8:30-10:30 a.m.; and Thursday, February 15th,
12:00-4:00 p.m. Please let us know if these dates are available for Time Warner Cable's
negotiation team as well.
The major areas that the Consortium would like to negotiate with Time Warner
Cable in the informal process are: line extension; access; I-net; state-of-the-art; right-of-
way management; and term.
Your letter indicated that Time Warner Cable would like the Consortium to
indicate what sections of Time Warner Cable 's formal renewal proposal the Consortium
finds acceptable. The Consortium would be pleased to provide that information as the
negotiating team makes such decisions, assuming that Time Warner Cable will commit to
including the acceptable portions of the proposal in any renewed Franchise. Please let us
know if such a course of action is acceptable to Time Warner Cable.
As Ms. Rice discussed with Mr. Doheny, if Time Warner Cable agrees to enter
into the informal renewal process, Mr. Doheny should sign the agreement and send a
copy to us. The Consortium will need to receive the signed agreement to begin the
informal process by January 24, 2000 or the Consortium will proceed with the formal
process.
The Consortium hopes that a fruitful round of informal negotiations can begin
soon.
Sincerely,
Alan J. Cohen Ben Curtis
Mayor Chairman
City of Ithaca Intermunicipal Cable Commission
cc: Mr. Tom Dohney, General Manager, Time-Warner Ithaca
Ms. Jean Rice, Rice, Williams Associates
Mr. Thys Van Cort, Director of Planning & Development
Ms. Patricia Dunn, Assistant City Attorney
Ms. Jeannie Lee, Economic Development Planner
CITY OF ITHACA
i
108 East Green Street Ithaca, New York 14850-5690 FILE COPY
1
ppo....., /` DEPARTMENT OF PLANNING AND DEVELOPMENT
Po� O H. MATTHYS VAN CORT, DIRECTOR OF PLANNING AND DEVELOPMENT
DOUGLAS B. McDONALD, DIRECTOR OF ECONOMIC DEVELOPMENT
Telephone: Planning&Development-607/274-6550 Community Development/IURA-607/274-6559
Fax: 607/274-6558
TO: Ithaca Area Cable Consortium
Cable Negotiating Team
FROM: Jeannie S. Lee
DATE: January 28, 2000
RE: Cable Refranchise
Attached is a signed informal agreement between the Consortium and Time Warner Cable.
Informal negotiations will take place in February and the early part of March, if needed. I will
keep everyone posted on the progress of the negotiations. Please call if you have any questions.
Thank you.
An Equal Opportunity Employer with a commitment to workforce diversification." ��
CITY OF ITHACA
108 East Green Street Ithaca,New York 14850-5690
� l
�� OFFICE OF THE MAYOR • ALAN J.COHEN
OA0 N Telephone: 607/274-6501 Fax: 607/274-6526
December 23, 1999
Mr. Tom Dohney
General Manager
Time Warner Cable
519 W. State Street
Ithaca,NY 14850
Re: Tolling of Formal Franchise Renewal Procedures
Dear Mr. Dohney:
It is my understanding that both the Ithaca Area Cable Consortium, consisting of the City
of Ithaca, Town of Ithaca, Town of Caroline, Town of Groton, Town of Lansing, Town of
Ulysses, Village of Lansing, Village of Trumansburg, Village of Dryden, Village of Cayuga
Heights, and the Village of Freeville ("Franchisor") and Time Warner Cable ("Time Warner")
desire to commence informal franchise renewal negotiations. As you know, the Ithaca Area
Cable Consortium has been proceeding under the formal process for franchise renewal under the
Cable Act, as amended. Consistent with the Cable Act, the Consortium may suspend formal
procedures while the parties continue to proceed informally. This letter is intended for both
parties to confirm that the Consortium and Time Warner will proceed with informal franchise
negotiations. Accordingly, this letter confirms the parties' agreement that all periods within
which action must be taken under the Cable Act are tolled for the duration of this temporary
suspension. Neither the Franchisors nor Time 'warner waive any right to the form, a1 Franchise
renewal process under Section 626 of the Cable Act during the time that the parties are engaged
in informal franchise renewal negotiations. The parties hereby agree that the formal renewal.
procedures under Section 626 will be suspended until March 15, 2000. Prior to that time, either
the Franchisor or Time Warner may reactivate the formal renewal proceedings at any time upon
written notice to the other. The parties agree to reserve the right to proceed with the formal
renewal process upon written notice to the other party or parties.
The Consortium and Time Warner agree to use their best efforts to have negotiation
personnel available in a timely manner, as needed to complete negotiations.
8424 a000
DEPARTMENT OF
OPMENT
'An Equal Opportunity Employcr with an Afflrmativc Action Program' `a
Mr. Tom Dohney
Time Warner Cable
December 22, 1999
Page 2
If this letter accurately reflects our understanding, please sign one of the enclosed copies
and return it to my office. I am hopeful that such informal negotiation results in a satisfactory
resolution of the franchise renewal process.
Respectfully,
Y,Z 9 L/� e__ &Lzr---
Alan J. hen, Mayor , General Manager J �v DoHrq�/
City of Ithaca [For Time Warner]
CAeiE
Ben Curtis
Chairman, Intermunicipal Cable Commission
[For the Ithaca Area Cable Consortium]