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HomeMy WebLinkAbout1999-07-20 Request for Cable Franchise Renewal Proposal for the Ithaca Area Cable ConsortiumJuly 20, 1999 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE MAYOR • ALAN J. COHEN Telephone: 607/274-6501 Fax: 607/274-6526 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 Depai tuient. We look forward to working with you on a successful conc1.usionto;:the renewal process. If you have any questions or would like to propose some dates for _infoial negotiations, please contact Ms. Jeannie Lee at (607) 274-6550. 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' 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 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 TABLE OF CONTENTS INTRODUCTION 1 I. Minimum Requirements 3 Subscriber Network 3 Consumer Compatibility 7 Consumer Services 7 Interconnection 8 Programming 9 Access 10 Government Access 10 Educational Access 12 BOCES 12 Public Schools 13 Cooperative Extension 13 Public Access 13 PEG Access Programming 13 Current Video Programming 14 Institutions Needing to Provide Local Programming 16 Access Requirements 19 Main Studio Needs Enlargement, Redesign 21 Access Center Must Be Centrally Located 21 More Equipment is Needed 21 Equipment Must Be Maintained, and Replaced When Outdated 22 Studio Hours and Staffing Need to Be Increased 22 Additional Video Drops Are Needed 22 Future PEG Equipment Requirements 23 Institutional Network 25 Potential Institutional Network Users 25 Current Coaxial Network Background 29 System Description: 30 Operations and Management 31 The Future: 33 Coaxial I -Net Requirements 34 Fiber Optic Upgrade of Existing I -Net 37 Fiber Optic I -Net Extensions 38 Internet 39 Emergency Management 40 Regulation of the Franchise 40 Franchise Fee 41 Pilot and Experimental Projects 41 Franchise Term 42 II. Evaluation Criteria 43 i 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 Section IV 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 Section VI 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 Section X 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 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. 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 • 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 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 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. CNN), 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 II; 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 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 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 "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 CURRENT VIDEO PROGRAMMING ORGANIZATION TYPE OF PROGRAMMING FORM OF PRESENTATION* FREQUENCY OF PRESENTATION Government Public Health Administrator, Tompkins Co. Public Health Dept. Tapes from NYS DOH Local access channel Occasionally Deputy Co. Administrator, Tompkins Co. Criminal Justice Services Board meetings; Bulletin board Local access channel Daily Acting Director, Tompkins County Info. Tech. Svcs. Public meetings Local access channel Weekly Commissioner of Planning, Tompkins County Dept. of Planning Workshops; public hearings Local access channels Occasionally City Clerk, City of Ithaca City Council & Standing Committee meeting on rotation basis Government access channel 2 or 3 times per month Economic Development Planner, City of Ithaca City Common Council; City Planning & Economic Development Committee Government access channel Weekly Educational Executive Director, Cornell Cooperative Extension Association of Tompkins County . County government meetings Government & public access Weekly Principal, Boynton Middle School Varies Local access channel; publicity Daily Superintendent, .• Trumansburg Central School Education Classrooms Occasionally 14 CURRENT VIDEO PROGRAMMING ORGANIZATION TYPE OF PROGRAMMING FORM OF PRESENTATION* FREQUENCY OF PRESENTATION Educational (Cont'd) High School Principal, Trumansburg Central School District/Dickerson High School Video conferencing Compressed video ISDN line Daily Director, Instructional Support Svcs., Tompkins-Seneca-Tio g a B.O.C.E.S. Satellite downlink for teleconferences; plays Local access channel Occasionally Executive Director, The Learning Web Opportunities for youths and mentors Weekly Principal, Ithaca High School "Lake Street News," 30-120 minutes of news, features, performance, lectures,. etc. Local cable access . channel Weekly Dir of Info. & Instr. Technologies, Ithaca City School District TV programs created by students Group meetings; educational access channel Occasionally Principal, DeWitt Middle School Videos of student/ school events by students and staff Local access channel Occasionally Civic Organizations/Other Coordinator, Amnesty International USA, Group #73 Amnesty International - Ithaca Local access channel 3 times a week Program Director, Finger Lakes Independence Center Current event show on Agency Local access channel 4 times a year Civic Organizations/Other (Cont'd) Dir. of Membership & Public Relations, Tompkins Co. Chamber of Commerce Public forums Group meeting; local access channel Occasionally 15 CURRENT VIDEO PROGRAMMING ORGANIZATION TYPE OF PROGRAMMING FORM OF PRESENTATION* FREQUENCY OF PRESENTATION American Red Cross Panel discussion & videos from National Organization Unsure Occasionally Vice Chair -Voter Svcs., League of Women Voters of Ithaca Better Housing for Tompkins County Political candidate forum Tape of first-time home ownership Group meetings; public TV; local cable access channel Shown to first- time homeowner 2 or 3 times per year Occasionally 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., Tompkins-Seneca-Tioga 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, Hospicare of Tompkins County 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 Enlargement, Redesign The small size and proportion of the main [Primary] 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 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 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 All Stations 24 LDT; IVT VS POTENTIAL INSTITUTIONAL NETWORK USERS ORGANIZATION LINKS To SERVICE* Commissioner of Public Works, Tompkins County Public Works Dept. Airport (Brown Rd); Highway Div. (Bostwick Rd); SW Recycling Center Commons Rd. LDT Public Health Administrator, Tompkins Co. Public Health Dept. All County buildings and educational facilities LDT; VT; IVT; I Supervisor, Town of Ithaca * 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 Co. Criminal Justice Services Public safety sites; courts IST; IVT; LAN; LDT; VT; I The Honorable Mr. Phillip R. Rumsey, Supreme Court Justice of Tompkins Co. Ithaca City; Tompkins County Municipal Building All Library Director, Tompkins County Public Library Main library & reading centers Internet access Supervisor, Town of Ulysses Town Hall Justice; Public Works IST I Codes Officer, Village of Lansing Village Officer Hwy. Building Other Municipalities IST; IVT LDT I Acting Director, Tompkins County Info. Tech. Svcs. County agencies LDT; I; IVT; VT Chair, Planning Board, Village of Dryden Wastewater plant; fire stations; CFR Bldg. VS; IVT; I; VT; VS; LAN 25 POTENTIAL INSTITUTIONAL NETWORK USERS ORGANIZATION LINKS To SERVICE* City Clerk, City of Ithaca City Hall & other sites IST; I; LAN; VS; LDT City of Ithaca, Engineering Dept., Department of Public Works Traffic signalization; parking lots LDT VS Mayor, Village of Freeville County Building; Universities; Town of Dryden to Village of Dryden & Dryden Schools LDT IVT; LAN 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 Ithaca, Water & Sewer Division Water Facilities: 525 Third St. 510 First St. 202 Water St. City Hall, IST; VT LDT; I VS IVT Educational Program Director, Finger Lakes Independence Center Various IST; IVT; I; LDT; VT; LAN High School Principal, Lansing High School LCSD; other schools; BOCES IST; VT; LDT; I; WT High School Principal, Trumansburg Central School District/Dickerson High School Local school district IST; LDT; IVT; I Director, Instructional Support Svcs., Tompkins-Seneca-Tioga B.O.C.E.S. Local schools LDT; I; IVT; LAN Superintendent of Highways, Town of Ithaca Current sites plus Cherry Street Ind. Park; State Theatre LDT; I VS; IVT 26 POTENTIAL INSTITUTIONAL NETWORK USERS ORGANIZATION LINKS To SERVICE* Director, Media Services, Cornell University Students/employees IVT; LDT Connect to the satellite uplink of Media & Technology Svcs. of Cornell Dir. of Info. & Instr. Technologies, Ithaca City School District All 19 School sites IST; LDT; IVT; I; LAN Elementary Principal, Trumansburg Elementary School Library; designated classroom IVT; LAN; I * IVT = Interactive Video Transmission; IST = In -Service Training; LDT = Local Data Transmission; VS = Video Surveillance; I = Internet; VT = Voice Transmission; LAN = LAN Connections Civic Organizations/Other Director, Women's Community Building Various LDT; VS; IVT; VT; I Development Associate, Family and Children's Services of Ithaca Cayuga & Seneca Street locations LDT; LAN; I * 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 • 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 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 "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 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 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 II. 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. • 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 MHz upstream; Internet; and closed-circuit. • Commitment to consumer services. • Provision of upgraded basic programming as specified herein. • 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 • 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. • 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 Ownership Information B Experience C Financial Commitment D 45 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 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 ownership 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 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 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 Section II Financial Experience and Projections Part Financial Experience and Projections A Pro Forma 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 56 FISCAL YEAR YEAR — Previous Fiscal Year 1 2 3 4 5 6 7 8 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 v 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 BALANCE SHEET 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 • Headend Equipment • Converters • Tools/Spares • Tower and Antennas • Distribution System • Subscriber Drops • Local Origination Equipment • Vehicles • Office Furniture & Equipment • Other (specify) • Earth Stations & Foundations 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 Service Area A Construction Practices 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 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 Channel Capacity A System Design 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 Channel 57. 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 B. System Design 1. Provide the following system mileage figures by Consortium community. Consortium Community Aerial 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 Access Channels A Radio Services B Summary of Channels by Tier C 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 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 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 Section VI Rates Part Rates & Charges A 76 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 PEG Access A 78 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 Institutional Network 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 and government buildings and any additional connectivity for the Ithaca College campus. 84 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 EEO and 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 Section X Consumer Part Privacy A Consumer Complaints and Repair Procedures B Billing Practices C 92 A. Privacy 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 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 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 Term of 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 APPENDIX B I -NET EXTENSIONS 4/20/99 Appendix B I -Net Extensions City 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/Ulysses 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) 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 4/20/99 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