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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. Tompkins Count} Cable Franchise Renewal Consortium Public Hearing#I Page 2 of 9 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 Tompkins County Cable Franchise Rene-,val Consortium Public Hearing#1 Page 3 of 9 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#1 Page 4 of 9 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing 41 Page 5 of 9 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#I Page 6 of 9 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#I Page 7 of 9 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 Tompkins County Cable Franchise ReneAval Consortium Public Hearing#I Page 8 of 9 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 Tompkins County Cable Franchise Renevval Consortium Public Hearing 41 Page 9 of 9 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 Tompkins County Cable Franchise Renewal Consorlimn Public Hearing#2 Page 2 of 13 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. Tompkins County Cable Franchise Renewal Consortium Public Hearing#2 Page 3 of 13 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing 42 Page 4 of 13 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#2 Page 5 of 13 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#2 Page 6 of 13 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#2 Page 7 of 13 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 Tompkins County Cable Franchise Renewal Consortium Public Hearing#2 Page 8 of 13 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 Page 12 of 13 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 � T 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 r � 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 � t 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 j L 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. 12 T t "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. 13 I l 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 14 t r 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 15 ! t 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 18 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. 19 ■ 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. 20 "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 1 i 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. 23 a 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 24 r 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 a ■ 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]