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crt" OF SAN BERNARD'~O - REQU~t;T FOR COUNCIL AC'"":ION
F'om: Councihior.1an Esther Estrada
Subject: 1"lays & Means Cor:uni t tee Report
Dept: Council Office
Date: December 16, 1987
Synopsis of Previous Council action:
Recommended motion:
That minutes of Ways & ~leans Committee meeting held Decer.1ber 14,
1987 be received and filed.
Signature
Contact panon: Phi 1 Arvi zo
Supporting data attached: Yes
Phone:
Ward:
1R4-'120R
N/A
FUNDING REQUIREMENTS:
Amount: N/A
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
1S.0Ul
Agenda Ilem No, ~O
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WAYS & MEANS COMMITTEE
December 14, 1987
ATTENDEES: Councilwoman Esther Estrada - Chairwoman; Council-
woman Norine Miller; City Attorney - Jim Penman, Deputy City
Attorney - Cynthia Grace; Recreation Superintendent - John
Kramer; Finance Director - Warren Knudson; Community Develop-
ment Director - Ken Henderson; Cabletelevision Coordinator
Dean Gray; Animal Control Director - Deborah Biggs; Council
Executive Assistant - Phil Arvizo; Mayor's Executive Assis-
tant - Richard Bennecke; VARP - David McKenna; Community TV
Commissioners - Russell Lackner, Stephanie Congdon; Spirit -
George DeLange; The Nelsons and neighbors on Fiscalini issue;
The Sun - Pat McGreevey.
1. VETERANS ALCOHOLIC REHABILITATION PROGRAM The
Committee recommended waiver of a certificate of occupancy
for VARP after receiving oral reports from Mr. Ken Henderson
and Mr. David McKenna. Item is to be placed on December 21st
Agenda.
2. REVISED RFP FOR OPERATION OF ANIMAL CONTROL DEPART-
MENT - Item continued to allow the City Attorney to review
the request for proposal. A special meeting of the Committee
will be called as soon as the City Attorney completes his
review. The urgency is required to issue the RFP on a proper
schedule.
3. CATV REPORT - The Committee, after consulting with
the City Attorney, determined to hear this item in open
session. The attached report was received and discussed.
The Committee asked staff to investigate the cost of auditing
all cable TV operators in the City and attempt to identify a
funding source. The intent is to determine if upgrades as
required in the agreement with COMCAST are wfinancially
feasiblew and basically review whether the City is getting
its fair share from COMCAST and the other operators. Staff
will present their report at the Committee's next meeting.
4. ITEMIZED, COMPREHENSIVE REPORT RELATIVE TO SPIRIT
BASEBALL COMPARING COSTS PRIOR TO SPIRIT AND COSTS NOW
INCLUDING COST OF UTILITIES, SWEEPING, POLICE, INSURANCE,
ETC. - Item continued. The Committee requested staff to
provide a comprehensive, comparison report showing pre-Spirit
expenses and post-Spirit expenses. A report, in writing,
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answering all the concerns and questions provided by neigh-
borhood residents was also requested from Mr. John Kramer.
Mr. DeLange was notified, based on the City Attorney's
advice, that the Committee could not discuss anything with
him based on a letter (attached) from his attorney. Staff
will notify the Council Office as soon as the reports are
complete. This issue could be discussed at the special
meeting when staff is ready.
5. APPROVAL OF AGREEMENT WITH STEINMAN, GRAYSON,
SMYLIE, INC. - PREPARATION OF SPACE AND SITE STUDY FOR NEW
POLICE STATION - Item continued. The Committee received the
attached report from the City Treasurer. Since all depart-
ments - RDA and Community Development - had not provided any
financing alternatives, the Committee felt that not all the
options had been explored. The Finance Director was re-
quested to provide a report on budget savings that could be
anticipated by mid-year.
Meeting adjourned.
Res~~IY submitted,
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Councilwoman Esther Estrada
Chairwoman
Ways & Means Committee
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Attch. (3)
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C I T Y
o __ SAN B E R-..,I A R
INTEROFFICE MEMORANDUM
8712-101
DIN 0
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TO:
Jim Robbins, Deputy City Attorney
FROM:
L. Dean Gray
SUBJECT: Request from
Commission
the
Community Cable Television
DATE:
December 3, 1987
(7277)
COPIES: A
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Please be advised that during the December 1, 1987 Community
Cable Television Commission meeting, a motion was carried to
request that the December 14, 1987 Ways and Means Committee
~eeting be closed. It was agreed that this type of session
~as necessary in order that Commissioners and staff might
present their evaluation of the October 23 Comcast "Technical
and Financial Analysis," and also provide their interpreta-
tion of that document.
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C I T Y 0 F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
8711-106
TO:
Jim Robbins, Deputy City Administrator
~Ee'D.~AtlMIN; ~F,
1:37 DEe - 7 ;"
FRO~:
L. Dean Gray, CATV Coordinator/Community Cable
Television Commission
SUBJ ECT:
Staff report in response to the November 9, 1987
Ways and Means Committee request.
DATE:
November 30, 1987
(7274)
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COPIES:
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At the November 9, 1987 Ways and Means Committee meeting, the Committee
requested a staff report outlining the technical and financial analysis
prepared by Comcast Cablevision and presented to the City of San
Bernardino, with a brief chronology of events involving Comcast, and
finally a list of possible options open to the City.
A. SYSTEM BACKGROUND
In October 1968, the City of San Bernardino granted a franchise to
T.V. Receptors, Inc. (Copy enclosed.)
In 1971, T.V Receptors, Inc. was purchased by Teleprompter, which
owned and operated the system for the next 11 years. During this
time, the cable system was upgraded from a 13-channel capacity to
22-channel capacity.
In 1981, Group W Cable purchased the system from Teleprompter.
Group W upgraded the system's channel capacity to 29 channels, and
installed a microwave distribution system to provide improved
signal quality.
In June 1986, Comcast Cablevision assumed operational management
of the cable system. On December 31st of the same year, Comcast
Cablevision acquired ownership of the San Bernardino system.
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The rate structure in effect when Comcast Cablevision assumed
operational management, in June 1986, was $10.10 per month for
basic service. Effective December 31, 1986, after Comcast
Cablevision acquired ownership of the San Bernardino system, the
basic service rate was increased $2.85 per month for a rate of
$12.95 (28%). Effective January 1, 1988, the basic service rate
will be raised $2.00 month for a basic cable rate of $14.95 per
month (additional 20%). It should be noted that this constitutes
a 48% rate increase since the Comcast Cablevision takeover January
1, 1987. Using only 30,000 subscribers as the base, the 48%
increase equates to a 1.75 million dollar per year increase, and a
27.94 million dollar increase over the balance of the franchise.
It should be further noted that the latest NCTA (National Cable
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INTEROffICE MEMORANDUM: 8711-106
Staff report
November 30, 1987
Page 2
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Television Association) documents quote a national rate increase
average of only 6.7%.
It should be noted
Receptors, Inc. was a
a renewable option of
that the original franchise with
25-year franchise terminating in 1993,
10 years, taking it to the year 2003.
T.V.
with
In the most recent transfer of Group
Cablevision (accomplished by Resolution
Comcast Cablevision agreed to the following
W Cable to
86-374-copy
terms:
Comcast
enclosed) ,
1. By letter of June 10, 1986, to commence in consultation with
the City, an analysis of the cable system's technical
capabilities, its customer needs, market condition and the
capital costs required to expand the system's channel
capacity and to complete this study and submit it to the City
one year from the date of said resolution (i.e., September
24, 1986).
2. Provided that such analysis demonstrates that an expansion in
channel capacity is economically, technically, and
financially feasible, Comcast will commit funds for such
expansion to be completed no later than early 1993.
3. Comcast will design for expansion of channel capacity to 400
MHz (54 channels). However, Comcast may find that a phased
in expansion over time is a more feasible approach. This
means that Comcast may upgrade the "plant" to 36 channel
initially, then expand to 42 channels or 54 channels as
warranted.
4. Within 12 months of Resolution 86-374, Comcast will install
and maintain a program origination/insertion point at City
Hall. Installation shall include labor, equipment and
materials, and will provide to the City the production
equipment listed on Exhibit A (enclosed), and Comcast will
activate and maintain the program origination/insertion point
at the San Bernardino Library.
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5. Upon reaching at least 36 channels of its channel capacity
expansion, Comcast has agreed to provide at least one channel
without charge for the exclusive use of the City, one channel
for education, and one channel for public access. However,
Comcast shall continue to provide one channel dedicated to
government, public and education access, regardless of the
cable system's channel capacity.
6. Comcast agreed that within 6 months of the date of the
transfer of control to Comcast Cablevision to reduce channel
"sharing" and increase the diversity of programs being
offered.
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INTEROFFICE MEMORANDUM~ 8711-106
Staff report
Sovember 30, 1987
Page 3
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Comcast has agreed to work
comprehensive line extension
future areas within the City.
to use their best efforts to
line extension policy within 6
with the City in developing a
policy for serving existing and
And the City and Comcast agree
develop a mutually acceptable
months.
8.
Comcast agreed to continue a preventative
program.
9. Comcast agreed to comply with all provisions of chapter 14.08
of the San Bernardino Municipal Code.
maintenance
10. The term of the franchise shall expire December 21, 2003.
It should be noted that the analysis was not presented to the City
within the 12-month time frame, but was approximately 30 days late.
B. SUMMARY OF THE TECHNICAL AND FINANCIAL ANALYSIS OF THE SAN
BERNARDINO COMCAST CABLE TELEVISION SYSTEM DATED OCTOBER 23. 1987
OPENING REMARKS
The opening letter by James W. Bequette, Regional Vice President,
indicates picture quality is only fair to good. He emphasizes the.
need for system technical maintenance work, but also indicates
that this much needed work will not begin until a final decision
is made concerning future plans. Mr. Bequette also indicates that
nearly half of their customers are not interested in more
channels--if such channels would cost more per month. In closing,
~r. Bequette indicates that Comcast wants to further refine the
information gathered before a final decision is made on the
technical maintenance upgrade for channel expansion possibilities.
He also indicates there will be no course of action until sometime
in 1988.
EXECUTIVE SUMMARY
The Market Survey as referenced states that both cable subscribers
and non-subscribers were surveyed. It is again emphasized that
the San Bernardino system is providing only fair to good picture
quality, and tha~ maior technical maintenance work will be
required, and that Comcast is prepared to undertake the project.
It states that channel expansion from the current 31 channels (270
KHz) up to 76 channels (550 MHz) is technically feasible; however,
additional channel capacity is not necessary.
New sources of revenue need to be examined and pursued in
insure that capital expenditures could be recouped
reasonable period of time.
order to
over a
Capital costs for technical maintenance and channel expansion must
be further refined before a final decision concerning the San
Bernardino cable system is concerned.
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INTEROFFICE MEMORANDUM: 8711-106
Staff report
November 30, 1987
Page 4
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INTRODUCTION
The statement is made that Comcast has met its obligations and
responsibilities as set forth in Resolution 86-374, and submitted
a commendable list of accomplishments since the transfer.
SYSTEM OPERATING DATA
This portion of the report shows 34,000 subscribers living in the
cities of San Bernardino, Grand Terrace, Lorna Linda and certain
unicorporated areas of San Bernardino county. It cites
statistical data "specific" to the City of San Bernardino, but
includes in this "specific" information unicorporated areas of San
Bernardino county operated as part of this system. The total
figure being 58,000 homes serving 31,000 customers. It is
interesting to note that the "specific" information needed to
define San Bernardino is apparently not available.
Comcast offers our citizens 23 channels of basic service, and at
further cost, 5 premium services.
OPERATING ISSUES
The Comcast San Bernardino system currently experiences more
vandalism, converter loss, and bad debt than in any other system
operated by Comcast in southern California. Statistical data has
been provided to validate this statement. It should be noted that'
as in most businesses, there are normally two options available
for a business to compensate for financial drains such as those
mentioned above. The first option would be to raise prices to
compensate for losses; and the second option would be to analyze
the discrepancies and through a sound managment program to reduce
those losses.
C. TECHNICAL EVALUATION
The technical analysis of the cable system examines the two
primary components involved: 1) head-end and microwave receiver
sites; 2) cable plant, trunk distribution and drops. The
methodology and results appear to be an accurate representation of
the system's condition. It is again stressed that picture quality
is only fair to good. The components that make up the system show
a potpourri of manufacturers and specifications ranging from 220
MHz to 450 MHz. It again states that channel capacity expansion
up to 550 MHz is technically feasible. It should be noted that
all three microwave receive sites are presently capable of
distributing 400 MHz (54 channels). More than 50% of the cable,
both aerial and underground, will soon need replacement. Many
trunk amplifiers need to be replaced, and, in fact, many have
specifications less than current channel capacity. Approximately
20% of directional couplers, and line splitters need to be
replaced; and approximately 80% of the existing directional taps
(feeding residences) need replacement. Approximately 50% of the
power supplies need replacement and finally, the strand itself
(infrastructure) is 20 years old and accounts for increased
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!NTEROFFICE MEMORANDUM: 8711-106
Staff report
Sovember 30, 1987
Page 5
~aintenance expenses.
CHANNEL CAPACITY EXPANSION
The report indicates that the system does not use channels A-I and
A-2, and alludes to the fact that possibly a FCC waiver could be
granted allowing use of these channels. It should be noted that
channels A-I and A-2 are restricted by the FCC because of the
normal conflict involving aeronautical frequencies. The closing
statement repeats that the system could be modified or rebuilt
entirely to expand channel capacity to a maximum of 550 MHz.
D. ~~RKET SURVEY
The report indicates again that both subscribers and non-
subscribers were surveyed, and that most subscribers are satisfied
.ith the existing program line-up. It further states that
approximately 50% of the subscribers do not want to pay additional
fees for additional channels. It states that customers and
potential customers do not want to spend additional money for
additional channels. It further states that 50% of those people
.ho are not subscribers do not expect to subscribe in the future.
The cost increases indicated in the survey are as follows: $2.00
per month increase for 35 channel expansion: $3 -$5 per month
increase for 42 or 54 channels.
The market survey explains how
randomly selected "scientifically."
of numbers to assure homes in
Completed interviews were conducted
of these were existing subscribers.
1,374 telephone numbers were
They used local working blocks
all areas would be included.
with 400 households. Only 200
E. FINANCIAL ANALYSIS
The report states. that the cable system requires substantial
remedial work, and again states that channel capacity expansion is
technically feasible. It indicates little interest among
subscribers and non-subscribers in increased channel capacity, if
increased rates were involved. The need to consider rising
programming costs 'is mentioned twice. The report states that the
needed repair or replacement of equipment under a technical
.aintenance plan would not change the channel capacity. The total
estimated technical maintenance needed to put the San Bernardino
system in proper working order is $3 million.
All new cable plant and equipment installed by Comcast has been
~50 MHz, 60 channel capable.
In closing the financial analysis, Corncast states that
construction of a 450 MHz system would require a rate increase of
almost $5.00 per subscriber per month in addition to cost-of-
living and programming cost increases. The financial analysis
assumed a 15% return on investment over a 12-year payback period.
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INTEROFFICE MEMORANDUM: 8711-106
Staff report
November 30, 1987
Page 6
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F. FUTURE PLANS
The report states that City representatives expressed much
interest ln having Comcast upgrade the system to 450 MHz
specifications, and that Comcast must now reconcile conflicting
findings and desires.
It is clear that there is no current or reasonably foreseeable
market demand in San Bernardino for additional channel capacity.
Furthermore, the subscribers and non-subscribers are unwilling to
pay higher rates to offset capital costs. However, Comcast
believes that they would be short-sighted to invest $3 million for
a major technical maintenance project without considering and re-
considering every aspect of their decision.
During 1988, Comcast engineers are planning three activities which
~ill be completed before final decisions are made.
1. Design of the Cable System to 450 or 550 MHz
This engineering work would include preparation of all
maps and identification of equipment and materials
needed for a rebuild of the cable system.
2. Planning Technical Maintenance Project
This project will include the preparation of a detailed"
capital budget outlining the costs associated with
bringing the San Bernardino system to an accepted level
of quality.
3. Continued Preventive Maintenance and Plant Extensions
Currently all plant extensions and all new components
installed are 450 MHz capable.
While the engineering department is engaged in the above described
tasks, marketing professionals will be evaluating new products and
services which may provide new sources of revenue.
In the third quarter of 1988, Comcast's local management will
prepare and submit its 1989 budget for review. Before spending
significant capital monies, Comcast will revisit the channel
capacity expansioK issue.
The closing statement of Comcast's report is that they are proud
to serve the San Bernardino community. They promise to meet the
City's requirement that they upgrade the system's channel
capacity, if technically and economically feasible, no later than
1993. They believe that continued research and analysis during
the next 12 months will ensure that their decision will be both
technically and financially prudent and in the best interest of
their customers.
STAFF SUMMARY
After close consideration of the Comcast document by the Community
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(- IS"TEROFFICE MEMORANDUM,-, 8711-106
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~ovember 30, 1987
Page 7
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Cable 7elevision Commission and myself, several important issues need
to be a;:ldressed.
Since ~~e transfer of the Group W franchise to Comcast on December 31,
1986, it has been the primary concern of the City that Comcast
Cablev:sion commit to a 54-channel Caoable system that offers good to
excellent picture quality on a consistent basis and at a fair price.
Comcast went into great detail in describing market survey results,
technical inferiorities in their system, and the fact that approximate-
ly $3 Eillion dollars must be invested just to bring the existing 270
MHz sys~em up to an acceptable quality level. Comcast failed to answer
the question of the capital cost surrounding 400 MHz technology or what
part t~e $3 million investment would play in achieving 400 MHz
technology. The only reference to capital cost in the document is the
need for an additional $5 per month per subscriber for 54 channels of
progra~ing. It should be pointed out that during transfer
negotiations the City agreed that 54 oroorammed channels are probably
not needed at this time. However, 54 channel Caoacity is requested
with a ~inimum of 36 channels programmed. Because the newly granted
transfer will take our City into the next century, we feel this is the
absolute minimum channel capacity that we can accept, that would
guarantee our citizens all current and future cable attributes.
The Comcast document continually references, both in specifications and
in survey results, 35 channels. We feel there are several reasons why
Comcast refuses to use 36 channels as the minimum guideline.
1. Our transfer agreement stipulates that upon reaching 36
channels, Comcast is obligated to provide the City with 1
channel for public access, 1 channel for government access,
and one channel for edUcational access. At the present time,
all 3 are shared on one channel.
2. Also, after reaching 36 channels, Comcast is obligated by the
Cable Policy Act to provide leased access to the Citizens.
The City cas always specified 36 channels as the minimum.
We also found the market survey to be obscure in certain areas. In
several places in the survey the numbers and percentages listed did not
equate to what was projected. In one particular instance a fractional
representation (two fifths) was Used to show the number of subscribers
not interested in channel eKpansion. We find it interesting that this
40% figure was the only one in the survey not listed as a decimal
percentage. It is also interesting to note that out of the approximate
31,000 Subscribers, only 200 cable subscribers representing 2/3 of 1 %
were polled. If one were to consider the percentage of error (+/-5%)
built into the survey, the possiblity exists that the percentage of
SUbscribers wishing channel expansion could be increased.
rhe Comcast report references Exhibit A of the Transfer Document, and
;tates that most of the requirements have been met. Although the
'quipment listed in Exhibit A has been discussed with Comcast and
:ertain changes agreed upon, we seem to be at an impasse concerning the
ulfillment of this agreement. The initial attitude of Comcast
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INTEROFFICE MEMORANDUM: 8711-106
Staff report
November 30, 1987
Page 8
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concerning equipment inventories and insertion point completion was one
of cooperation and "time is of the essence"; however, as time goes on
that attitude seems to be changing in that much of the equipment has
yet to be wired for operation. To our knowledge, the city Library
insertion point has yet to be completed and functionally tested; and
the insertion point originating at City Hall has yet to be refined to
the point that stable audio and video is available on a regular basis
to the subscribers. We were extremely disappointed to note that the
above-mentioned equipment and insertion concessions offered by Comcast
as a part of the transfer appeared in letter form as a basis for the
upco:ing 20% rate increase. (See enclosed letter, received 11-4-87.)
Before considering recommendations, the Community Cable Television
commission wishes to express its concern over the inconsistencies
between the Comcast Report and the Transfer Agreement. Of particular
concern was the fact that the Commission was not allowed to participate
in the design of the market survey, and there are several concerns as
to the methodology used by the ELRA group. It is therefore hoped that
the Report will not be the only basis on which Corncast is to determine
the financial feasibility of the promised 54 channel expansion.
STAFF RECOMMENDATIONS
We would first suggest that the Mayor and Common Council invite Comcast
representatives to a public Council meeting to explain and clarify the
docu:ent as well as fill in some of the blanks, such as anticipated
capital expenditure for 54 channel capable technology, and what part
the $3 million upgrade plays in this formula, verify $5/month rate
increase alluded to, and declare their intent.
Because the financial feasibility appears to be the only stumbling
block with Comcast, the Mayor and Council need to know that the City of
San Bernardino has total legal authority to not only audit Comcast's
financial books and records, but also has the right to inspect all
property, maps, and records that would perhaps put the City on firmer
ground when dealing with Comcast concerning the feasibility issue. To
our knowledge, the City of San Bernardino has never exercised its right
to audit, or even validate franchise fee receipts.
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After much review, the facts stated in the Comcast document indicate
that should Comcast consent to make our City 54 channel capable with
good to excellent service, the cost to the subscriber for basic service
will total $19.95 per month, barring any more "cost of living, or
programming" increases. Not only is this figure at least 20-25% higher
than all of our neighboring cities with similar technology, but it is
quite possibly the highest basic service rate in southern California,
if not the continental United States! It is obvious that since Congress
de-regulated cable television rates early this year, and municipalities
no longer have th~ authority to exercise rate control, that the only
viable option to ensure consumer protection, is to invite competition
by soliciting RFPs in an attempt to find an operator that would be
willing to give our citizens not only modern reliable state of the art
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INTEROFFICE MEMORANDUM: 8711-106
Staff report
Sovember 30, 1987
Page 9
capabilities but at a fair price. Remember that Congress also dictates
that there is no such thing as an exclusive franchise. By exercising
this option the City would of course do away with the need to enter in
to lengthy debates with the present operator.
Another option to high rates and inferior quality being reviewed and
exercised by more and more municipalities is the concept of the
municipal cable system. Although this is often a very costly endeavor
initially, it is hard not to become mezmerized by the profit
implications. One common operating ratio is 60\ of gross receipts go
to operations, and 40\ of the gross receipts serve debt retirement and
eventual profit. If you were to consider a hypothetical subscriber
base of 30,000, at a rate of $15 per month, you see that this equates
to $450,000 per month. Add to this figure $8 per month (average
premium SUbscriber) you end up with approximatley $690,000 per month
gross receipts.
As you can see, the above mentioned options tend to be somewhat
aggressive; it is indeed unfortunate that such options need to be
discussed. However, short of no action at all, the options become
limited in nature, and harsh in reality. However, the Mayor and Common
Council must be aware of their responsibility to regulate the cable
operators and to protect the interest of San Bernardino cable
subscribers. Because decisions made now could very well effect our
citizens into the next century, consideration must be given to the
abilities of our cable systems to provide the many high-tech options
available today , as well as guaranteeing an infrastructure capable
of offering future technology.
ENCLOSURES:
Resolution 86-374 (Transfer Agreement)
Ordinance No.l 2864: T.V. Receptors, Inc. Franchise, dated 11-20-87
Ordinance No. 2948: Extends period of T.V. Receptors Franchise
Letter from Comcast regarding rate increase effective January 1, 1988
Multichannel News November 30, 1987 articles as follows:
-Niceville, Fl, Overbuild Plan Hinges on Courts' Decisions"
-TCI Plans to Pro~ose Overbuilding NJ System Run by N.Y. Times"
-Experts See Short-Term Changes in System Sales.
-FCC To Seek Public Comment on Cross-Ownership"
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RESOLUTION NO. 86-374
RESOLUTION OF THE CITY OF SAN BERNARDINO CONCERNING
OF THE CABLE TELEVISION SYSTEM FRANCHISE FROM GROUP
70 CC~CAST CAEL~VISION CORrORATION OF CALIFO"~}~.
THE TRANSFER
W CABLE, INC.
WHEREAS, Group W Cable, Inc. throuqh its wholly-owned subsidiary
GWC 78, Inc., (collectively referred to hereinafter as "Group W")
owns and operates a cable television system in the City of San
Bernardino (the "City"); and
WHEREAS, the City has been advised by Group W that control of the
Group W subsidiary operatinq the cable television franchise in the
City (GWC 78, Inc.) will shortly be transferred to Comcast
Cablevision Corporation of California, a subsidiary of Comcast
Corporation; and
WHEREAS, Comcast has agreed, by letter of June lO, 1986 (attached
hereto) in response to the City's request, to commence, in
consultat:on with the City, an analysis of the cable system's
technical capabilities, its customer needs, mal';:et conditions and the
capital costs req'lired to expand the system's C~c.:-:r.cl capacity, ;,:-:d
to complete this study and submit it to tJ,e City cne J'ear from the
date of this resolution; and
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WHERE~S, provided that such analysis demonstrates to Comcast that
such expansion in channel capacity is economically, technically and
financially feasible, Comcast will commit funds for such channel
capacity expansion to be completed no later than early 1993; and
WHERE~S, Comcast will design for expansion of channel capacity to
450 MHz (54 channels), however, Comcast may find that a phased-in
expansion of channel capacity over time is a more feasible approach.
This means that Comcast may upgrade the plant to 300 MHz (36
channels) initially, then expand to 360 MHz (42 channels), or 450 MHz
(54 channels), as warranted; and
WHEREAS, within twelve (12) months of the date of this
resolution, Comcast will install and maintain a program origination/
insertion point at City Hall, installation shall include labor,
materials and equipment, and will provide to the City the production
equipment listed on "Exhibit A" of this Resolution, and Comcast will
activate and maintain the program origination/insertion point located
at the San Bernardino Library (6th and E Streets); and
WHERE~S, Comcast, upon reaChing at least 36 channels of its
channel capacity expansion and system upgrading project, has agreed
to provide, in accordance with Section 611 of the Cable
Communications Policy Act of 1984, and in Section 14.08.030 of the
San Bernardino Municipal Code, at least one channel without charge
for the exclusive use of the City, one channel for educational uses
and one channel for public access uses, provided however, that
Comcast shall continue to provide one channel dedicated for Public,
Educational and Government Access, regardless of the cable system's
channel capacity; and
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WHEREAS, Comcast has aqreed, within six months of the effective
date of the transfer of control to Comcast Cablevision Corporation of
California, to use its best efforts to reduce chaMel "sharing" and
increase the diversity of programs being offered to subscribers by
utilizing the programminq flexibility recently achieved with the
changes in the former "must-carry" rule; and
WHEREAS, Comcast has agreed to work with the City in developing a
comprehensive line extension policy for serving existing and future
areas within the City that for various reasons have been omitted from
receiving cable service in the paat, and the City and Comeaat agree
to use their best efforts to develop a mutually satisfactory line
extension policy within six months of the effective date of the
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transfer of control to Comcast Cablevision Corporation of California;
and
WHEREAS, Comcast has agreed to continue a preventive maintenance
program to guarantee optimum performance and quality of service to
all subscribers; and
WHEREAS, Comcast has agreed to comply with all provisions of
Chapter 14.08 of the San BerI)ardino Municipal Code., 4s modified by
the Cable Communications Policy ~ct of 1984, and as clarified by the
attached Memorandum 'of I1nd'erstandlng which 'r.'IncorpOrated by
reference as if fully set forth herein, and
WHEREAS, Comcast And the ,City agree that the franchise fee for
this transferred franchise shall continue to be 4 percent of gross
revenUe until such time as the City shall determine that the fee for
all local cable franchises is to be adjusted to S percent of gross
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revenues as provided in Section 14.08.110 of the San Bernardino
Municipal Code and as authorized by the Cable Communications Policy
Act of 1984; and
WHEREAS, Comcast and the City agree that the term of this
tr&nsferred franchise shall expire on December 31, 2003,
NOW, THEREFORE, THE MAYOR .1.ND THE COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY ratify the transfer of the cable television
system franchise of Group W, GWe 78, Inc., to Comea.t Cablevision
Corporation of California, subject to compliance ~erei?af~er by
Comcast Cablevision Corporation of California with all provisions of
Chapter 14.08 of the San Bernardino Municipal Code, as modified by
the Cable Communications Policy Act of 1984 and a. clarified by the
attached Memorandum of Understanding incorporated by reference
herein, and all the aqreements reflected in ~his Resolution and its
~ clauses. This ratification, and the agreements contained in
this Resolution and the Memorandum of Understanding shall be accepted
by & letter from the President of Comca.t Cablevision Corporation of
California to be filed with the City Clerk of the City of San
Bernardino within 30 day. from_:~~ adoption of this Resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at
the adjourned reqular meeting thereof, held on the "nrl
day of SeDt~mh~r , 1986, by the following vote, to wit:
Estrada. Reilly. Hernandez. Marks.
",,,,,,1, Frazier. Strickler
AYES:
councilmembers
NAYS: i:one
Jl.BSENT: Non~
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City/Clerk
The foregoing resolution is
of September ,l986.
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day
~pproved as to form:
~ //_~ 0
," N~~~
Ci ty ~ orney
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~RDIXA~CE ::0. ~ ,-<;.... ~
A~ ORilI?<A:iCE OF THE CiTY OF SAN BER.\ARDr::6 GRAdri~~
A FRA::C,c !5E TO T. V. RECEPTORS, I~C.
THE MAYOR AND Co.'l:10N COL"C IL OF THE CITY OF SAN
EER..'lAJQ!::O DO ORDAI~ AS FOLLOWS:
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SECTION ONE: DEFINITIONS. For the purposes of this
ordi~~i~~, the following teLms, phrases, words, and their deriva-
tions 5;'.::.11 ~ave the meaning gL'en herein. When not inco:1s1ste:1:
\;ith (.-.~ ':::1text, \.'ords used in the present te:1.se include t~e
futu:e, ~o~ds in the plural nu~)er include the singular nu~~er,
and \:c:cs 1:1 the sii1gular T!l.;::i.be: include the plural number.
P:ovis~o~s of this ordii1ance s~all be construed in accord3nce
\;i~~ t~E Laws of t~e State of California.
(a) "City": The Cic:: of Sa:1 Bernardino, a Cluni:i?.:ll
corpO~!:~~:1 of the State of Cal:fori1ia, in its present ip.:or-
pora~e: :o~ or in any late~ reJrgani:~d) consolidated, enlarged
or re.i:1:orporated form.
(b) "Council": The ~resent governing body of the? C~~y
or a~y ~~~ure board constituti~1 the lElislative body of the Ci~~..
(c) "Franchise ProF-:_.cy": All property retained by t>e
Gran:e! in a street under aut~Q:ity of this franchise.
(d) HGrantee": The ?erson ,[" corporati.on to Hho::!. 0:-
which r'r.:s franchise is grantee by the Cou:1ci.l, and the la'..Jful
successor or assignee thereof) and \..1ho or \o,'hich has filed \:ith
che C::y an acceptance and bone, refe::ed to in Sections 3 a~c
13.
(e)
"Street":
The sJrface of, and the space above
b.lo~ a~y public street, road, ~ighway, freeway, lane, aIle"
court) s:dewalk, parkway, drive or spa~e allocated for publ~~
uti lity e.asements, now or herec.~ter existing as such with!" tt~C'
Cicy.
(f) "Closed Circuit System": Coaxial cables, "a\'.
guides, ether conductors or other closed channels for provi.1i:1;
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entertaini:tg, educational, info~ational or intelligence material)
visual, audible or other, by radio frequency, electric i~pulses
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or radio frequency electromagnetic waves passing over, on, in
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or through such facilities, excluding any general broadcast of
radiant energy, for consideration or as a public service to
Subscribers, at the selection of the Granteee.
(g) "Subscriber": Any person or entity receiving for any
purpose Closed Circuit System signals or other Closed Circuit
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System transmission.
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(h) "Operating Licensee": Any person or entity, conduct-
ing all or part of a Closed Circuit System under license of, or
transfer from, t~e Grantee, pursuant to Section 6 (c).
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(i) "Total Gross Receipts": A~:: a:ld all compensation and
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other considerati0n in any form whatever and any contributing
grant or subsidy received directly or indirectly by Grantee and
its Operating Licensees from Subscribers in payment for Closed
Circuit System signals or other Closed Circuit System trans-
mission received within the City. Tot3l Gross Receipts shall
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also include any a:ld all revenue where";er or however derived,
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from any person or entity, whether loc ...:ed inside or outside 0:
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City, as consideration for the ?erforr.1nce of advertising, pl.J.:,t
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protection or co~~nication services or any other services of
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any type or nature whatever by the use of all or any part of a
Closed Circuit System located Within the City, other than ser.-
ices to such person or entity as a Subscriber.
(1) For the purpose of deter~ining Total Gross
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Receipts, co~pensation or other consideration re-
ceived by an Operating Licensee of the Grantee shall
be deemed to have been received by the Grantee.
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(2) For the purpose of computing that portion of
Total Gross Receipts which is obtained as consideratio.!
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for service~ o~her than tv a person or en-
tity as a Subscriber, an:: paY::le:l: of cO::lpensation
or other con!ideratio~ rece:ved by the Grantee
for such services sha~t be fairly and re~sonably
allocated by Gra~tee and s~all be dete~ined by
the ratio that the r€\"!nue obtained for services
from Subscribers wit~in c~e City bears to the
revenue obtained for services from Subscribers
performed both inside and outside of the City by
the use of all Closed Circuit Systems of the
Grantee.
(3) Total Gross R.cei?~s shall not include any
taxes on the services furnished )y the Grantee
imposed directly on Su)scribers ,y any :ity,
state or other goverr~ental unit and collected
by the Grantee for suc~ ;~vernoe1tal unit.
SECTION TWO. F~~CHISE G~~,.. The fraochise hereoy graote:
by the City authorizes T. V. ~CEPTORS, INC., subject to t~e
provisions herein conrainec, :~ =~6age in the business 0:
operating and providing a Closed Circl .t System in the C!:y,
and for that purpose to erec:, i~s:al1, construct, repai~,
replace, reconstruct, naintai~ and re:~in in streets suc~
poles, wires, cable, conduc:o=s, d~:ts, conduits, vaults, =~~.
holes, amplifiers, appliances, .?ttacx.~!"l.ts, and other pr~p~r:.::
as may be necessary and appu=te~ant to a Closed Circuit S;St~~,
and, in addition, so to use, o?e~ate a~d provide similar
properties rented or leased fro~ otber perso~s, f:~s, ~:
corporations, for such purpose.
SECTION THREE. DVRATIO~ Of G~l. This franchise sn~ll o~
effective on the thirty-first (31st) day after the publioatioo
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of tnis ordinance, I'rovided the Crantee has paid Lt. the City
the sum of one hundred dollars ($100,00) and, has filed with
the ~ity. within twe~ty (20) days after such date of publica-
,ion. a v~itten instr~ent, adcL.essed to the Co~ncil. accept-
ing this franohise and agreeing to comply with its provisions.
This franchise shall expire twenty-five (25) years after
the effective date hereof, unless sooner terminateJ by the City
Coundl, in the evenC the Council shall have found, after notice
and hearing, that: (a) the Grantee has failed to CO<!lply with
any material provisions hereof; or (b) any provision hereof has
beoome invalid or unenforceable, and the Coun,il finds chat su.:h
provision constitutes a consideration material to the grant of
this fran'hise; provided, ho,",ever, that the Grantee shall be
given at least thirty (30) days' nocice of any termination
pro: eedings.
SECTION FOUR: FRANCHISE PAYl1ElrrS.
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(a) By ics accepcance of this franohise, che Crantee agrees
to pay co the City, annually, in lawful money of che United
Staces, three percenC (37.) of the tocal gross receipcs collected
or received, or in any manner gained or derived in each calen-
dar year, or portion thereofJ during the term of chis fran hise,
by the Crancee or ics Operating Licensees from the properties,
operacions, and business referred to in Section Two. In any year,
or portion thereof, during which payments under chis section
amounC co less than five hundred dollars ($500.00), Crantee
agrees co pay che City che minlJ:l\D amount of five hundred
dollars ($500.00).
(b) Ie is hereby found as a matter of fact, and it is
mutually agreed by the Cicy in enacting this ordinance and by the
Grantee in accepting che franohise granted by it, thac there is
no feasible method available for determining che portion of the
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annual Total Gross Recci~~s of the Grantee which arises :rom
the use, operation or possession of this franchise and the por-
tion which is attributabl~ to other sources. It is, accordingly,
ordained and agreed that the portion of Cranteefs annual Total
Gross Receipts arising froc Sources other than the use, opera-
tion and possession of ti:is franchise is negligible and impos-
sible to ascertain in any economical manner, and for that rea-
son, Grantee's Total Gross Receipts shall be deemed to arise
from the use, operation and possession of the franchise granted
by this ordinance.
(c) The payments required by this section shall be paid
annually and be due on or before the last day of March of each
succeeding year. Payments shall be accompanied by a duly veri-
fied statement showing in detail the Total Gross Receipts re-
ceived by Grantee during the preceding calendar year from the
properties, operations, and business referred to in Section T~o.
The Grantee shall at all times maintain accurate and complete
accounts of all revenue and income arising out of its opera-
tions under this franchise. Grantee's books, accounts and rec~
ords shall at all times be open to ins?ection and exacination
by authorized officers, agents and employees of the City and
s!-aH b~ ke!'t j,n such form as to enable such authorized offi-
cers, agents and employees to ascertain the amounts due the
City and determine any other facts relative to operations under
this franchise. The right is reserved to the City of audit and
recomputation of any and all &Counts paid under this franchise
and no acceptance of any payment shall be construed as a ~olc'se
or as an accord and satisfaction of any claim the City may havo
for further or additional sums payable under this franchise or
for the performance of any other obligation thereunder. In the
event of its holding over after expiration or other te~inatio~
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of this franchise, the Grantee sha:l ren~er co~~~~s,~ion ?ursu-
3 ant to the provisions of this franchis~ until :he effective date
3 of a new franchise.
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(d) Perfomance of rhe duty of rendering co::>pensa,ion
5 under this franchise and of every o~her obliga::~n thereund~r
6 shall not be excused by the fact that the Grantee or any of its
T operating Licensees may purchase, lease or uti:ize, under any ar-
I rangeoent whacsoever, any Closed Cireui: SysteQ ~quipment or fa-
9 cilities or any ocher equipment or facilities req~ired by a
10 Closed Circuit System from any public utility or other person
11 or entity. The Grantee agrees that its obligations under this
12 franchise, including the duty of payme~t of com?e~sation there-
13 under, shall apply to all such equi?r:-e:-.:: and facilities so pur-
14 chased, leased or utilized, whether St;::'!1 equipr;e~,= or faC"'ili-
15 ties constitute all or any part of the Closed Cir::uit System
16 operated within the City by the Gran,ee or its Opera,ing
17 Licensees.
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SECTION FIVE. SLltRE,uER OF O:HER FRA~C"ISES.
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(a) By its acceptance of this f:a~chise grant or of an as-
~ signment thereof, the Grantee agr~es t~a: upon subsequen~ addi-
21 tions of areas to the City either by ~~~exation. consolidation
22 or otherwise, all Closed Circuit Syst€~ franchis!s of the
23 Grantee in such areas are thereby surr~ndered; provided, ho~';cver.
~ that should this franchise be declared invalid Ot be ren~ercd
~ inoperative by a final judgment, decree or order of any cour, of
~ competent jurisdiction, the franchises thereby sarr~~dered shall
n thereafter have the same force and efZect as i: such surrend~r
21 had not occurred.
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(b) By its accep,ance of this ftanchise gran, or of a~ as-
~ signment thereof, the Grantee agrees tha, any C:osed Citcuit
31 System facilities and appurtenances in streets. ~~ich are SU~5~-
32 quently acquired by the Grantee or which were au'~orized by
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franchises surrendered pur<uant to the provisions of this section,
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Z are thereupon authorized by and shall be subject to the provisions
3 of this franohise.
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SECTION SIX: LlMITAIlONS ON !;RANr.
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(a) No privilege or exemption is granted or conferred ,y
this fran:hise except those specifically prescribed herein.
(b) Any privilege claimed under this franohise by the
Crantee in any street shall be subordinate to any prior lawful
occupancy of the streets, or other public property.
(c) This franchise is a privilege to be held in persqnal
trust ~y the original Crantee. It cannot in any event be trans-
ferred in part, and it is not to be sold, transferred, leased,
assigned, or disposed of as a whole, eicher by foroed sale,
merger. consolidation. or otherwise. ~i:hout prior consen~ of the
City expressed by ordinance, and then only under such conditic~s
as lIlay be therein prescribed; provided, however that no such
consent shall be required for any trans:er in trust, lIlortgage,
or other hypothecation, as a whole, to secure an indebtedness.
Prior consent of the City expressed by ordinan:e shall be
required in the event th e Grantee issues licenses for operatio~s
under this franchise to Operating Lice~sees and such licenses
shall be subject to all the conditions prescribed in the ordi-
nance granting consent and the provisions of this franohise.
Nothing contained herein shall relieve the Grantee from any of
its duties and obligations under this franchise.
(d) Time is of the essence of t~is franchise. The
Grantee shall not be relieved of its obligation to comply prOQ?tly
with any of its provisions by any failure of the ~ity to enEor:e
prompt compliance.
(e) Any right or power in, or duty 1Iopressed upon, any
officer. employee, department, or Board of the City, is subjec:
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" to transfer by the City to sny other officer, employee de?artment
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or Board of the City.
(f) The Grantee shall have no recourse whatsoever against
t~e ~ity for any loss, cost, expense or damage, arising out of
any provision or requirement of this franohise or its enforc~.nt.
(g) Grantee is subject to all requirements of the City
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~narter and of all ordinan2es, rules, regulations, and specif:-
cations of the City, heretofore or hereafter enaoted or establis~ec
including, but not limited to, those concerning street work,
street e~cavations, use, removal and relo~ation of property _
within a street, and other street work.
(h) This franohise does not relieve the Grantee of any
obligation involved in obtaining pole space from any department
of the City or from others maintaining poles in streets. .
SECTION SEVEN: RIGHTS RESERVED TO CITY.
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(a) There is hereby reserved to the City every right and
power which is required to be herein reserved or provided by any
ordinance of the City, and the Crantee by its acceptance of this
franohise agrees to be bound thereby and to comply with any
action or requirement of the City in its exercise of any su=h
right or power, heretofore or hereafter enaoted or established.
(b) Neither the granting of this franchise nor any of C"e
provisions contained herein shall be construed to prevent the
City from granting any identical, or similar, franohise to any
person or corporation other than the Grantee.
SE,:'!ION EIGHT: TIME OF PERFORMANCE. Installation of a
Closed Circuit System shall be commenced within two (2) years
after the effective date of this franchise, and extensions and
service, where practical, pursued with due diligence thereafter.
Failure to so commence and offer service shall be grounds for
termination of this fran:hise.
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SECTION NINE: LOCATION OF F~~~CHISE PROPERTIES. Franchi$e
1 property shall be constructed or installed in streets only at
3 such locations and in such manner as shall be approved by the
4 Superintendent of Streets, acting in th~ exercise of reasonable
5 discretion. Construction or installation of franchise property
6 in all other public places shall be subject to approval of and
7 regulation by the City Council.
S Grantee shall not provide service to any person, firm or
9 corporation within the City if service is then immediately avail-
10 able to such person, firm or corporation pursuant to another -and
11 different franchise granted by City. Service shall be deemed to
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be immediately available to a person, firm or corporation if, at
the time grantee desires to provide service to such person, firm
or corporation, there exists a transmission line belonging to an
entity franchised by grantor, along a property line, or a street
or alley adjoining a property line, of the property to which
service is sought to be established by grantee; except, however,
that in the event the entity owning the line along, or adjoining,
the property line of the property to which grantee seeks to
establish service fails to provide such service within thirty (30)
days after receiving written notice, sent by registered or certi-
fied mail, requesting such service, the grantee may provide such
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service.
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SECTION TEN: REMOVAL OR ~~~~ OF FRANCHISE PROPERT,.
(a) In the event that the use of any franchise property
is discontinued for any reason for a continuous period of twelve
(12) months or that franchise property has been installed in any
street without complying With the requirements of this franchise,
the Grantee shall promptly remove from the street all such
property other than any which the Street Superintendent may per-
mit to be abandoned in place. In the event of any such removal,
the Grantee shall promptly restore the street or other area ("O~
which such property has been removed to a condition satisfactory
to the Superintendent of Streets.
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(0) Franchise property to be abandoned in place shall b.
2 abandoned in such manner as the Superintendent of Streets shall
3 prescribe. Upon permanent abandonment of any franchise property
· in place, the Crantee shall submit to the Superintendent of
5 Streets an instrument, satisfactory to the City Attorney,
6 transferring to the City the ownership of such property.
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SE :TroN ELEVEN: ::HANGES REQUIRED BY PUBLI': lMPROVEMEm'S.
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The Crantee shall, at its expense, protect, support, te~orarily
disconnect, relocate in the same street, alley, or public place,
or remove from any street, alley or public place, any franchise
property when required by the Superintendent of Streets, by
reason of traffic conditions, public safety, street vacation,
freeway and street construction, change or establishcent of
street grade, installation of sewers, drains, "ater pipe~, power
lines and tracks or any other type of structures or improvements
by governmental agencies when acting in a governmental or
proprietary capacity, or any other structures or public improve-
ments; provided, however, that Grantee shall in all such cases
have the privileges and be subject to the obligation to abandon
franchise property in place, as provided in Section Ten.
SEctION mELVE: FAILURE TO PEiV""'ORM STREET I;ORK. Upon
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failure of the Grantee to cOlllplete any work required by law or
by the provisions of this franchise to be done in any street,
within the time prescribed and, to the satisfaction of the
Superintendent of Streets, the Superintendent of Streets may
cause such work to be done and the Crantee shall pay to the
City the cost thereof in the itemized amounts reported by the
Superintendent of Street. to the grantee, within thirty (30)
days after receipt of such itemized report.
SEctION THIRTEEN: FAITHFUL PERFORMAM::E BOND.
(a) The Crantee shall, concurrently with the filing 0: an
acceptance of award of this franchise, file with the Council, a~1
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at all limes thereafter maintain in full force and effect for th"
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term of this franchise at its expense, 8 corporate surety bond,
in 8 c~pany approved by the chief administrative officer and
in 8 form satisfactory to the City Attorney, in duplicate, in
the amount of five thousand dollars ($5,000.00), renewable
annually, and conditioned upon the faithful performance of
Crantee and that in the event the Crontee shall fail to comply
with anyone or more of the provisions of this franchise, then
there shall be recoverable jointly and severally from the
principal and surety of such bond, any damages or loss suffered
by the City as a result thereof, including the full amount of an;,
compensation, indemnification, or cost of removal or abandonment
of property aa prescribed by this ordinance which may be in
default, plus a reasonable allowan=e for Attorneys fees and costs,
up to the full amount of the bond; said condition to be a
continuing obligation for the duration of this franchise and
thereafter until the Crantee has liquidated all of its obligatio~s
with the :ity that may have arisen fran the acceptance of this
franchise by the Crantee or from its exercise of any privilege
herein granted. The bond shall provide that thirty (30) days'
prior written notice of intention not to renew, cancellation or
material change be given to the City.
(b) Neither the provisions of this section, any bond
accepted by the :ity pursuant thereto, Dor any damages recovered
by the City thereunder shall be construed to excuse faithful .
performance by the Crantee or limit the liability of the Crantee
under this franchise or for damage,. either to the full amount
of the bond or otherwise.
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SE~ION FOURTEEN: lNOCliNlFlCATlOll TO CITY.
(8) ~rantee agrees that at all times during the existence
of this franchise it will maintain in force. furnish to the City
and file with the Council. at its own expense. a general
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cv~prehcnsive liability insurance policy, in protec~ion of City.
its boards, commissions, officers, agents and employees, in a
company approved by the Chief A~inistrative Officer and in form
satisfactory to the City Attorney, protecting the City and said
persons against liability for loss or damages for personal injury,
death and property damage occasioned by the operations of Grantee
under this fran:hise, with minimum li~biHty limits of five hundred
thousand dollars ($500,000.00) for personal injury or death of
anyone person and one million dollars ($1,000,000.00) for
personal injury or death of two or more persons in anyone
occurrence, and fifty thousand dollars ($50,000.00) for damage to
property resulting from anyone occurrence.
(b) The policies mentioned in t~e foregoing paragraph
shall contain a provision that a written notice of any cancella-
tion or reduction in coverage of said policy shall be delivered
to the City ten (10) days in advance of the effective date
thereof. If such insurance is provided in either case by a
policy which also covers Crantee or any other entity or person
than those above named, then such policy shall contain the
standard cross-liability endorse~ent.
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SECTION FIFTEEN: INSPECTION OF PROPERTY AlID RECORDS. At
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all reasonable times, the Grantee shall pemit any duly-authorized
representative of the City to examine all francnise property,
together with any appurtenant property of the Grantee situated
within or without the City, and to examine and transcribe any
and all maps and other records kept or maintained by the Grantee
or under its control which,treat of the operations, affairs,
transactions or property of the Crantee with respect thereto.
Grantee, shall, after reasonable request, furnish to the Street
Superintendent, copies of maps and records showing the exact
location of all Closed Circuit System equipment installed, or
in use, by Grantee, in streets, alleys and public places of the
City.
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SECTION SIXTEEN: CONSTRU:rION. Gr~ntee shall construct
and maintain System in accordance with General Order No. 95
of the Public Utilities Commission.
SE:TION SEVEmEEN: RATES. The Grantee shall, within
thirty (30) days after the granting of thb franchise file with
the City Clerk its rate schedules, setting forth the amounts of
all rates a~d charges presently ~de for all services to be
rendered by it, which are covered by this franchise. Thereafter,
Crantee shall not increase its rate schedules without the consent
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of the City Council.
SECTION EIGHTEEN: SEVERABILITY. If any section,
subsection, sentence, clause or phrase of the ordinance is for
any reason held illegal, invalid, or unconstitutional, such
invalidity shall not affect the validity of the ordinance. or any
of the remaining portions thereof. The invalidity of any portion
of thb ordinance shall not abate, reduce or otherwise affect any
consideration or other obligation required of the Grantee by
this franchise.
I HEREBY CERTIFY that the foregoing Ordinance was duly
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IS
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adopted by the Mayor and
nardino at a. ;;~-:<<,
~'.' . /
day of ... /~ ___ h. L_<t}
Coenen Council of the City of San Ber-
meeting thereof, held on the .7,,'<<
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1967 by the following
wit:
vote, to
~~,
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,-,Z~..6'?... .
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Councilmen _4"<,',,,,-/,,
'""
-""--:!{','~./
/~r./
--,~
,.......<c......~?
~'
AYES:
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,/J~
2S
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NOES: >___,)
ABSElfr: 7/.. ~_ I
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'n
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~t</c!i; c@h.
Ordinance is hereby approved this, .</.-~
1967.
day 0
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The foregoing
/I,:~,. /....J
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3Z
l'oiyorlfke l(~At~n
Approved as to form:
~~~
City At orney
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EXHIBIT "A"
EQUIP~ TO BE DEDIC.'.TED TO THE CIT'i OF S.a.N BERN.1.RDINO
EQUIPMENT DESCRIPTION-
panasonic WV-V3, W-Canon l5, 1 Lens; 3 tube color camera with
camera cable, lens, and all CCU.
UNITS
3
1
1
1
1
Servo Pan/Tilt/Zoom Mounts
JVC KM-2000 S.I.G.; Video Switcher
Shure M267 with .'.26S; rack adaptor/audio mixer
Quanta QCG-lOOB; dual channel character-generator
Catel RF Modulator
.'.-"
_, .-.r ~1.
1 Winstead G8527-Based Custom 3-uf rack ir~t:~' ,",,'"
2 Yideotek RM-12RA with 9-10 pi~ cablesr videO~~rt1~ors, color
2 Panasonic WV-5362 video monl~ors; ~kl~lack~nd white
i. - '. ." .--
7 Colortran l~ 6" Fresnel wit~ access; li~htinq, permanent
.,1 _ ......
1 SONY VO-5850 with RMM-501 mounts; Vctt-editil'l9 3/4.
1 SONY YO-S800 with RMM-50l mounts and RFU-634 modulator;
record/play VCR 3/4"
1 SONY RM-440 with type 5 cables; edit oont~ller with cables
1
~D.'. WV-3; time base correctOT
.'
,. - -- -. ~~ .
1 TektroniX 528- A; waveforl1l,llonitor with rack llIOWlt
-
1 SONY VO-6S0~w!t~ 2 batts, charger; port&ble,VCR 3/4" with access
1 Bogen 30S0wlth.fluid bead, dolly~.port&ble tripod, head and dolly
1 Lowell elemental kit; portable lightinq package
3 SONY ICM-1SO, microphones, accessories
2
McLean 23B40S.'.17 rack fans
.
3 Telex Head Sets
1 Videotek APM-2RA dual channel monitor/speaker with amp
* Equipment may be equivalent to that identified as per this Exhibit "~".
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EXHIBIT "A"
EQUIPMENT TO BE DEDICATED TO THE CITY OF SAN BERN.l.RDINO
.
Title to the equipment listed on the previous pAge will be vested in
the City of San Bernardino. For newly purchased equ1pment,
manufacturer's warranties will be in the name of the City; should any
of the equipment be provided from existing inventories, Comeaat
CAblevision Corporation of California provides a one (1) year
warranty on the equipment to the City.
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'",", .,
:..;.~
,.... .....,...
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COMCAST CABLEVISION
2090 N, "0. Street
San Bernardino, CA 92405
BULK RATE
U S, PeS TAGE
PAID
PERMIT NO 222
S..ntl Ani. CA
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PflCeville, FL, OverfHJild Plan
Hinges on Courts' Decisions
both the city aDd the cable c0m-
pany. ADd both Jideo said they
believe they will be viDdicoLed.
0"., cue wu filed ill U,S.
District Court ill Pensacola, FL,
by Warner, Warner llUed the city
and ita 00UDCiI memb<<s and
aIlepI that doe city wiD violate
the Fint Ameodm""t if it buiIda
.,. Anne Duk..
NICEVll.LE, FL- Three IepJ
~ ~ pendinJ ill the battle
bet>..... the city 01 Nice~ and
ita Ioc:aI oobIe compllDY, Warner
Cable Communicotiona Ine"
over the eity', plan to overbuild
Warner, ao:x>rding to officialo 01
rY1u/ r.cnc ....nei IVe.. <"
~I~
I'-~/"\._O-,
a aoeo ,,,l.Nrw<<J rylllem that"
ultima1ely pula Warner out 01
busineM. In addition, the cable
company ..ked the court what
public purpoee would be served
if the city Weft to drive the
eD.linc company om cl buoin<s.
aroording to Grec Dunn, '1'...
ner', vice president 01 Iqal
affairs.
The 52-channel, one-way
addnaable oyoIem cummIy baa
about 3,000 oub.....lb.n. The city
held a IUOoelIllful relenDdum ill
1985 011 the idea cl a city-<lWtled
CAble oyoIem, said Wayne Good- ,
100, ll8lliotant to the city JDlIDI&'l&
When the relerendum puoed,
the city went 011 to p\a.n I<Jr a
system and woo the ricIrt to iooue
boodo lor bnildinc it. Mr. Good-
!OIl said a date lor iMuinc the
boodo baa DOt been set, but that
the city probably woo't wait until
the \egal questiono are 6eIlIed
before it Ioe<I ahead t-a.....
"that could take 15 yean. "
Earlier this laD. Okaloo6a
County Circuit Judie Erwin
Fleet mIed ill the city',lavor. and
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approwd the IopIl"uuodw.. it ,
lollowed. g..-' r . - -~
baiIdinc IUd! a oyotem would
serve a ~ pabIie .....~
W&mel".a~tm.~,
and the ~ wiD be heard
before the Florida Sup....m.
Court. A beariDc 011 thiI appeoI
is ocheduled lor Doe. 2, '"""dD..C
to Mr. Dunn.
In addition, WUDOr fUed the
city over """"n;""1 poiata,lAlCb u
the city'. Iailure to reoorcI ita
charter, ill order to protect the
. cahIe company', rlcfrta to have
thooe iMlIoelI """..vI.red.
Mr. Goodaoa Mid that the
decision to build the I)'wIem is IIiI\
peoding. but he Mid, "We have
prevailed ill 00UI't 10 lar aacI we
thiaIt we will conlin... to do 10. "
He said the city', IUIODI low
wanting ita own I)'IIt<m otemmed
originally from dioeatislactioa
with the cable COIDpADY, but that
oow the p\a.n is to <IIer more than
just tdeviaion. "'The syotem we
plan will be a more powerful
oyotem. which will iDcIode oocur-
ity oyatem" automate traffie
ligbu and do vuiona other
wb, " Mr, Goodaoa said.
"It will oerve the public we-
ty, health and welfare," he said,
NiceviDe, be ...id. baa lor IOme
time envied its nearby aiater city
of VoIparaioo, when Warner wu
supplanted b~' a municipally
owned <able system. "It'. be-
ca..... cl the JU~ 01 Valparaiso
Cable TV that our own citizeaa
wlIDLed dtis lcity-<>WDed I)'wIem I.
The NioeWle situation is impor-
tant beca..... its ODe of the first Ol[-
amples where alocalcovemmeat
ia pl.nning to overbuild an exist.
m, <able company. Once we
do it, other communities will
promptly IoIlow suit, . Mr, Good-
!OIl said.
Mr, Dunn ...id Warner does
not plan to give up without a
ftgbt. "Tbere'. an important
principle we're tryiac bere.
They've liven WI alraachiae aacI
now they..... ttyinc to compete
with ...." he said, addiac that
Warn... plan. to /igbt the city ill
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lOT, MI. M.loi oMd ""',
Tel Plans Jo Propose. ;:r:S:i:-:
Overou"IId-II1g' ,,- NJ System lor .l5--dwu..I.,......,"
Acrordinc 10 ~"eD FelteD-
....., dWmI.. 01 a..rry Hill
CabIo,~ Commi...., "'"
Run by New York limes ~~~S
,~ , . ..... dnwbac4 ''The ........
By LMry ...".. ,iDlle rlt'M.Olmeal b.. ~eD
CHERRY HIll. NJ-'JWo. Tel;, DOl tIw ooJ,....puy' .uad>ed to tIw coo....:' be
Comm11D(;l,tiooJ lDc.. will mab roosiderinc aD o,,~ ia lJw aid.
. p<opoMIll . pahIIe '-"'" ....., I";'" KaIm, pnoXIealoll But MJ, F.!.."",,," poinlOd
beItn d.eTownBOlll'd b.R ~ ~ew York-hued BroadbaDd! ouItlwdwoommittetlitrutiot
0ee.161o~m.140.080- Comrnunicatic:Ja.IDc," rt!Of:fJUy I NITsrmt'WaJaDdthtTCIpr'l>>'
.w:.riber I)"IiLeIIJ 0WDed.. Kid that he wiD be mak.inc aD . pouJ u -two w~&t. matw'l."
op.nlOd by Tho New YOIt .ppGcotioo to ove,bWId-wfth MJ, F......... ..Ml a..n"
r..... Co" --- ...-.- _ fiberoptic l<<hooIocY-tIw NIT Hill become inlelellOd in ..ploe.
dUoe apireo in Am 1981, TCI, .."'m, which he ~ built I iar tIw ~ 01 IDOIher
officia.ll &aid laM: ..... in 1975 and law told \0 ~IT. To I rornpall! commc IDto the fru..
UTCI"p",!"-,lupl'"O',,.t" d..., how".., Broodhand hu dUoe""'oI.....eoq,...de.....
by tIw "UDidpoSty',.moo., Dol 'PPO'Oolched c;" o/f"ocioIo I mioedthat!hue;'DOtud.lhiar
committee aDd Tow. Board aad aboul its U31entiont.. . I' U I.D UduRVf frl.DchiM:."
the :"iew Jervy St..t.e Board 0( -People in ~I'TV Hill an DOl ..\1 tbt municipality becu
Pu.blie Utilitiea. wh.icb vanta btinc provided with me bna I roiAa: lhroUlh, .the fr.Dc~~
~ilwouIdr~ltI>> i poMible cable WMtt." said AJ ~aJ~.lt~lOticil.
ru-a tinH the D.ltioa', larJIIIIl GianDoni. Tel dhiDoo viet anciDfcrmJlbooClOOC'erDmct<<Jt..
muhiplel')1ll.elnloopentorhaa. I presideDt in ....hinctoa. DC. ' flClIocicaImnoubcuiDt.hecable
OUI \0 0'0'erba.iJd wtitUy. cab&. J "We loundeood rec:eptioa to our ( indllltry, be said.. Earlier thit
S)'!Im:l when ODe alrMdy exila.. I ,ynem 01 Dot requirinc add.re.- ' year. tht ad\-1!Cf'! committee
aroortfinc to TO viet preaidem ! aNt oon\ler\.en Ulln thn're ~ rfl:ehed tom.. inlormatioD from ,
and ooonaeI JobD Drat*'. abeolut.ely D~. &.Od' DO ~C1. '"but that Wb oot ~ in~~t.I'l
The TClI'DOW oom.es aher aD charaes lew IIeOOOd outku.. .. he bOD 101 them to O\erbuiJd. he
NIT CabIo TV app6catioa 1o?i .dded, ..;d., I
Mut:h to averbund fW(l DeaI'h, The- b\g'f'.. complaiDl 01 CIU'- !tlr, re1wn~l~in Mid ..then..
Tel-l>eld &ancru-io "'" New ...,NTItuboaiben. ~ 00"""" b.1;... t1wy INITI ,
JUYytDwDIol~Epbrem toMr.Gi.anooai.iatlwl)-stem', ha~ DOC ~pplied what we've
..d G"-- 9oJ."~ Spnx.rcoo"""","whid"","'" .....od ""- durinc tIw "0"'01
Wdthatthedecirioa to,....... rompatible with cable-ready pl"OCtS. He n<1kd thIIl under
poooiI>Io .......t>aId.. a..." 11II .;d~ ",.".,jen ..d TV lodenI low, "it i, vuy dillicull ..
w. .. ,.... . .. Nl'T Ida. hr laid. DOt l'tDrW a (nodUle."
rnovea........"aI). r IWI. Nefth.NYTalficiala..aa-tM Tlw 1lf..'i1lO~ oommit\et will
roodl ....-.......... ....uf-.., 01 "'" Sp<.... b.,;'ioc..~.tiooon
NlT~:, ,'':'" ~... COD'o"S"I<<. Somenret. SJ-bued w~ to ",new SIT', ftu-
i senl lor an O't,erbuild huB Moae& ~bU-Go.bo. weft ~ chiar to the T nW1li Bo.rd Dl'xt.
: [phn.im, but ~ itl appS- able to commeot OD ~ cbe moaLb.
I catiOD lr\IuaJ weel. .,0. II did oooV<<1er preeeDta probIemab ~ rd:woo,.t..i.DackDaw~
'I DOt l'f'Oeive municipaJ conteat tube with c:able-tudy VCR. or 1ocaI1p'CUla1; 'n that Tel m.ade
, from GlouoeAet City. TV tetL ita app&aoow u a ~taliatory
I ,~ax:>n:lLnc to Su-veo MaiD. NYf olficialt iD t!w put hne me.uurr &her .'iIT applied to
i NIT ,.ouaI .....,.. ro. "'" ._.... iod...,', hiP overl;Wld tho- .... Tel &....
~ HllJ rywtem, the- paraat pa)'-pe:r-view buy raa 10 die c:hi:Ia. -'Snf'n ~'ou kick. aleep-
~"' York TIJ'Det Co., at. remit iDteractive. impuJw Sprucer i.aJ p... I(,lmftimel it waket
01 "'" .....1 dt.... in.... __ "".- "" 1IicI,
rrooomy ADd . review of capital TO', !th. GiaDDocti ..id he
~ "decided it .oa't be TClinJooeanmdedaa.n, wouIdaolchar~lhteom.
doi.l'ayov..-builda." Hm puhOc bearioc -..... paa)",propo..I.."maJ..""Y,"
NlT. reM""'" iD which "DiDe aatiDc ... the app6c:atioo ...
or 10 people opob. ODd aD bat .....do -.. tIw .....tioa 01 ....
ooe wen adamant about 1M cahIt CllIIUIliuee. ..
ioooo_cet ""'I "'" Sp<.... 'I ~ to John 0..;><<,
COO_ co....! .........)Iz, TCI ... pn-oida ..d ,......J
GianDotti ..id, ........... .... compaDr on tewnl
ocaoiooo hu ...... ;"vilOd by
other .uicip&litiet \0 mak.
m..., I "Chc(,,"\~1 N<"l.u~
J'-3G-B7 I
~ ....-Ir.o-
"""~t"',,1IicI.
WhlIo &,. ..... baoo . loc
pIaooo -. . cIowree 01 ....
build hu w... pio.. ia -iu<-.
TCJ "'u . puticipUd . kJfr:
capacity, tIw a..n,. g pro
poeaI repreaeo\l thf r.. tin:
TCI wiD ..-.... . ...... ,
dupli<a.. ....... &oocha. '01.
o..pa- 1IicI,
Tel'. Mr. GianDotti lAiC :rr
~TCJmichtbel~;
OwrtyHmiothatlh.~
NYrI)'IIftD....chanoel~
.. Itretc:bed.... Hf added Uu
NYT _ three dwuldt "" ?O'
pero.virw: l"'OlIOlho..., fDO'IoVs &D-
OGe to IItU tbt tel'Vict. ~. C--1oU
DOCli oMd TCI would !>aDo:
54-.chanoel Iymm iD av.rr
Hill,
Accordinc 10 doc-wnmu. ~J.t.
...itb the "'It Offi~ 01 C"a.b-;
Tele"iaioo, which muet t"PC"Ot:'
meDdation,oo RIch IppUc:a=Ior;
to ita panni .Df:~'. Boa:-d (
PubIlc: t:tilitioo, Tel will a.l
ODe year 10 canpkie COQ:!IJ""...-.:x"
ol . Qerrv HOO n~ ti'a
i0dude02l.-w..oIcn".ok"", :..
mile. 01 distributioD, and 5\.
mil" O( undercround :..-.;.~
aDd 14 mLJet 01 und..rr-:-~
dittributioa.
The Ipplication !Utes ~..
Tel would 0/1" . ~.
buit IiMup lor. moD~ dlw. '1'
01 liS (or the lint T\' ~ Fi,.
pmtUwo dwmelo- The 0..-
Channel, C'memu. Sbow=ot
Home 80s Off'lOI! and PR ~ ~
-will be avaiW>>e a la cat'W.
Accordin, to SIT.~.
applicatioo filed with 1Jw <<.II;
apoc'y. the company wW! 'A.
olfer .....eraJ procrammiDc- :rr-
indudinc ita.. anlrnDl tirr" ,~ :
bro..dcuI sicn.... for I 1DoC:C'"'..h;
charJe of &5. -:5, The C'OCDpar\
IpOI1I tier. for C.50. ~
t.at'timP~uioo.Ly'
""TBS. L'SA ~tl"ork aD.
.'WOR-n'. for aD addit:lcor.ll
12,50. the "Iamil) tier-~.
MTV: Music Televiaioo. 0:'\
Cable N.IwOlt, C:-l!\i, !\i~
cIeoo,.Burl......,~_
oeI. The W.."", 0..,..,.1. ""
I Cablf Tdeviaioa ~'mocn of
I ~~ Jenry and Rna"," --.
""""",,
NIT off.... ..d Wd ;0 will
oooUntw to oIIfr. thf' YIDI' ~ f
, p-y aeMoea TCI ptC>pOl!lft. nw.
I only notabIr diffutncn..... '-")'1
offenn, Dime-y al $J9.05. eom.
porod wilh TCI', SIl,:i. aoci
NYT'.12 dilCOUOt lor Cio-n.al
when lakeD in combinllioo: -i!.h
ODe or two olher paY'.
ID .dditioD. ~'T of!~r'
PRISM r.. '12, whU. rCl h",
it pegged f.. '13,95,
Meoowhi1e, M" Kobo"': ..
plana 10 10 ahead with his fiber
optic: p10..1.. OterT)' HiD and
".hordy" will file a formal
.ppUcatioa. 0
1-----;::;--...;.. -- -
Experts See ~""ort~1 ern'
Changes in S stem Sales
'..
=
By Linda
HOLLYWOOD-The cable
industry will see a drop in S)'stem
acquisi tion prices and more diffi-
culty in obl.1ining merger /inanc-
ing IS a result of Wall Street'.
~ Black Monday," but only for
the ahort tenn, according to
banking authorities speaking
before a Women In Cable meet-
ing here,
The market drop hIS devalued
S)'stem sale prices S-15 percent.
according to Greg Ainsworth,
v;ce president, corporate devel-
opment for Daniels.! Associates
Inc. But Iai Bowen. rIDt vice
president, investment banking
for Paine Webber Inc" added
that the acid lest for future acqui-
sitions will be the deal. that con-
tinue to completion now.
Mr, Ainsworth pointed out
that two transactions were "abs0-
lutely impacted" by the market's
nuctWltions. The finance tenns
of the sale of ScoU Cable Com-
munications to a unit of Sim-
mons 'Communications are
~in adju.tment and that deal
hasn't been nailed down," and
the winning bid on The E....x
Group properties has now been
changed. due to rmancing diffi-
culties, Mr. Ain.worth .aid (see
l.lull;channe/ NewI. Nov. 16.
page 681, He added th.t the
merger of American Cables)'$"
lems Corp, with Continental
Cablevision Inc. will not be
affected. The deal'. going for-
ward at the previol15ly' agreed
price per shan, he said. explain-
ing "deep pockets can control
their own future."
Mr. Bowen said some banks
with long cable hi.tories an pull-
ing back on deal. because they
don't know what brukup values
are going to be. Some investon
were judging prices on a 12-tim...
ca.h-Oow basis, but now are
un.ure whether they should be
using a fonnula of 11 times or I....
3
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he said, There 'a ..ill plenty of
interest in purchasing cab'"
syatem., but now marginal deala
I won't get done. he said. adding
that market uncertainty has
ltaken out an element of the buy-
ing community which had helped
prop up that cash-Oow fonnula-
lion, There is .tiII receptivity by
~surance companies to provide
mstrumen15 .uch as 10.)'ear
fixed-rate finance. he .aid,
because some of the.. rlll1l. see
that the fundamentals of the
cable industry hne not changed,
Demand for .y.tem acquisi-
tion will remain high. the experts
said. continuing a corporate bllV-
ing .pree in which compani~
have tried to buy sy.tem. that
would help them reach their
targeted" critical ma.... of .ub--
scriben, However. the experts
said. ..llen will demand a higher
certainty of closing, Mr, Ains-
worth said .ix or eight multiple
s),.tem. operaton might .urlace
as buyen on a typiW transaction
now where 12 suiton might have
surlaced in the past, But today'.
level of intere.t is .tiII enough to
drive the deal to the best value for
the seller. he added,
Cable will continue to be
recession.resistant, if not reces-
.ion-proof. the .peaken said, ,\.
an example. Donald Russell,
managing diredor and group vice
president for investment bank-
ing. Communication! Equity
AMociatell, cited a property his
company ia involved in selling.
Two potential bidden were con-
tacted ODe week after the mar-
ket'. biggest drop. Though their
current ay.tellUl were lrading at
an estim.ted SI.OOO a .ubecriber.
each potential buyer offered a bid
on the sale property of more than
S2.000 per .ub. he said. He
added the deal has not been
completed,
mu I he honn<::,' N<:"L.u~
"-30-cl7
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-
Mr, Ruaoell Slid f.cton other
than "Black Monday" will have
a greater negative impact on
a)'!~em prices. including tal
policy and a regulatory environ-
ment that ia aeating the threat 01
over~uilda, Mr. R UMell said
there . a very reasonable chance
that the cable induatry will be
~ushing the idea of rate rereguIa_
bon. _Icing status aa a regulated
~~nopoIy aa the only way to keep
ctties from promoting overbuiJda.
Mr; Ainaworth added that he
belit\'e5 courtl will find "ch
.^..:~-" erry-
pl"";'"l' by competitive com-
pan.es to be diocriminatory and
that overbuilden will be required
to serve the whole community, 0
-
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.....,
Ffit To Seek
NJIic Comment
On Cross-Ownership
~,..sHINGTON- The Federal
Caa:unuoic.atioos CommissioD
1&!l week Mid it ...i11 ...k com-
meIIU on whether the agency
.b:x1Id waive the telephone-cahle
~"'nef5hip role lor General
Tdrphone Co, 01 California,
whic:b wanto to build and main-
w.. a coaxial cable plant in the
L:.\ngel.. suburb 01 Cerrltoe,
The Cf088-<)wnership role in
part ban telephone companiea
bun owning cable planto located
in their !Iervioe areas.
The com mission specificaUy
wiJI ..k the public whether, if
General Telephone's proposal iJ
DO( consistent with the FCC',
~wnership roles, it would
be -appropriate under the cir-
~""" to waive thooe rules, n
Ca:nrnento are due Dee, 10, with
~ commento due Dee. 21-
The National Cable Television
,\!ooociation and the California
Cable Televi.ion Association
b&~ Mid they oppose General
TeIephooe's propooaJ toenler the
caNe busine.. in Cerrltoa.
Responding to the FCC', deci-
sioc to collect commenu, GeneraJ
T drpbone med a petition to the
..--..nl"m, asIcing the agency to
sbonen the comment period to
~, 25, with repliea due Dee, 7.
Geoeral Telephone aloo request-
ed that only ito filing be accepted
~, 25 and that oommento in the
reply phase be limited to "existinc
oppoDenla" 01 the company'a
application,
NCfA promptly re&ponded to
thia by filing a petitioo at the com-
- - . ra oppoeing General TeJe.
phao>e', requeata.
Tbe FCC baa DOl re&pooded to
GeDeraI Telephone'. petition, 0
,,---:'u1 ~fChonne I "Jel.J.J5
11-30 -87
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December 4, 1987
IN CAlIFOIlNIA
SOO Nonh Nfowpoo
8ou~afd. ~ulte 100
~Il<ach
(al,lornla 92663-421.i
(714) 6~1OO
FAA (714) 722-<>638
Of COUl<SEl
Don M Ja"son
DonaldG D"",,'
Geo'9" J B Cot..
A Pa'":r>E>'\,",'P Of Plofe-<.:.vol"lai (.:'DO'a~ :-\
dTifornia
FilE 1<0
James Penman, Esq.
City Attorney
CITY OF SAN BERNARDINO
300 North "D" Street, Room 668
San Bernardino, CA 92418
Re: San Bernardino Baseball Club Franchise Assiament
Dear Mr. Penman:
I have been unsuccessful in my office's attempts to contact you
by telephone on several occasions (e.g. 11/20, 11/23, 11/24,
11/25, 12/1, 12/2 and 12/3) to discuss your letter to "Dick
Shanahan" dated November 2, 1987, and my letter to you dated
November 3, 1987 regarding the resolution of the requested
assignment of the San Bernardino Baseball Club, Inc.'s (the
"Spirit") franchise to the city of San Bernardino as security for
its Fiscalini Field lease.
To recap for your information (in the absence of the requested
response to my correspondence dated November 3, 1987):
The Spirit Board 18 fully able, willing and ready to offer the
City of San Bernardino reasonable and sufficient security for its
F1scalini Field lease. The present franchiae assignment (the
requested security), however, appears impossible to execut..
The Shareholders of the Spirit, as presented at their Annual
Meeting held on Tuesday, December 1, 1987, voiced their
reluctance to assiqn their individual stock ownership interests
in the Spirit franchise, per the Fiscalini Field lease, tor the
reason that adequate security for the lease can be covered
sufficiently by an alternative means, includinq a UCC-l lien
filing.
11/ AIlI2QNA, Harrison' leKh. P.c. .
1001 Notth Centra' Ao",nuo, Sort. 900. Aloeni><. Arizona BS004 (602) 257-SSOO FAA (602) 254-1913
....~COtJlCl'Itiotl t~of!htC"om.a'" t~d'lhtC.(I'noI"A.nzor.I"" ClItIM.~df'cAriloroe"
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James Penman, Esq.
December 3, 1987
Page 2
As you are aware, Mr. Joseph Gagliardi, President of the
California League, expressed his opinion that the League would be
reluctant to approve the assignment of the Spirit's franchise to
the City of San Bernardino per the Fiscalini Field lease.
Although it is clear that any final California League Board
decision would be made by a Board vote. As the California
Baseball League is not a party to the Fiscalini lease, they are
not bound by the lease or its requirements.
In light of the impossibility of executing this franchise
assignment, paragraph 35(2) of the actual lease speaks to the
efforts by the Lessee to cure any breach due to impossibil i ty.
Reasonable efforts by the Lessee to correct any such breach cures
default.
The San Bernardino Baseball Club, Inc.'s Board of Directors
understands the City's present concern and need for reasonable
and adequate security for its Fiscalini Field lease.
.
Therefore the San Bernardino Baseball Club, Inc. requests the
city immediately to advise this office of any reasonable and
adequate course of action necessary to rectify this impasse. The
Spirit Board is willing to give agreed upon security to the City
of San Bernardino to protect its investment in Fiscalini Field.
Obviously the Spirit Board cannot act without the City'S response
to this request. Therefore, please contact me directly with any
and all direction for the Spirit Board as soon as possible.
all contact with the San Bernardino Baseball
be made through my office.
BE:el
B\lrtott
Englebre~ltt
Harrlsott0Lerclt
LAWYERS
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o F SAN B ERN A R D I
INTEROFFICE MEMORANDUM
8711-202
N 0
REC'O.-AOHllt eL'
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TO:
RAYMOND D. SCHWEITZER, City Administrator
~ ri)
FROM: CRAIG A. GRAVES, City Treasurer
SUBJECT: Financing of New Police Station
DATE:
November 30, 1987
(7274)
COPI ES:
Mayor Wilcox; Warren Knudsen; Jim Robbins
-------------------------------------------------------------
There are a limited number of methods in which to finance the
construction of a new police station. However, selection of
a method to finance the construction is not the most
significant issue the Mayor and Common Council must deal
vith. The most important issue is the identifying and
determining of the REVENUE SOORCE TO FUND the ANNUAL DEBT
SERVICE out of the budget each year for next THIRTY years.
Unless there is the creation of a NEW revenue source then the
payment for this large debt service will have to come from
the GENERAL FUND. This large debt service would have a
significant impact if it had to come from the General Fund
during a time when the General Fund is already severally
limited and there are no reserves set aside to do major
capital improvements.
There are two basic types of financial instruments to look at
vhen financing a project of this type. The easiest is a
lease type instrument. These can include Lease Revenue Bonds
or Certificates of Participation. If the project were to be
a $lO million construction project, then a $l4 million dollar
bond issue would have to be sold. The ANNUAL DEBT SERVICE
OBLIGATION that would have to be budgeted annually would be
$1.3 million for the next THIRTY years.
If the construction costs were $15 million, then a $21
.illion dollar bond issue would be needed and close to $2
.fllion ANNUALLY IN PAYMENTS would have to be included in the
budget. If the construction costs were lowered to $8
.fllion, then the debt service would be $1 million annually.
Unless a City-wide assessment district or Mello-Roos District
vere formed these payments would have to come from the
General Fund. The property owners would have to be notified
and with the Mello-Roos District an election would have to be
held.
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INTEROFFICE MEMORANDUM: 87ll-202
Financing of Police Station
November 30, 1987
Page 2
Another alternative is the issuing of General Obligation
Bonds. The major hurdle of this option is that a 2/3 vote of
the electorate is needed. However, public safety issues have
had some limited success in California. On a $lO million
construction project the Annual Debt Service would be
$950,000. This would be added to the property tax bill and
the impact to the General Fund would be the increased Opera-
tions and Maintenance costs.
In coming up with the proposed schedules the projected
interest rates ranged around 8.5'. The construction esti-
~ates were based on $100 a square foot. This is an estimate
confirmed with our Engineering Division. The square footage
estimates were based on the 100,000 square feet and 150,000
square feet as provided by the Police Department in their
correspondence of March 6, 1987.
Some limited assistance in reducing the construction costs
could be achieved with assistance from Community Development
Block Grant Funds and the Redevelopment Agency. However, our
CDBG Funds have only averaged $l.75 million over the last few
years and we always have more requests than funds available,
so the movement of these funds would mean a reduction of
projects or services in other areas.
The Redevelopment Agency could provide assistance. However,
in dealing with amounts and types of assistance you should
contact Ms. Glenda Saul and the Agency Staff.
Because of the immense costs of a project of this nature and
our continuing limited financial resources the Mayor and
Common Council need to critically look at all options
available to them in providing an adequate pOlice facility
that is also cost effective and affordable.
The projected size of the building in critical in determining
its costs. A major effort should be made to insure that all
space used is in a cost effective manner. A critical area of
concern is records storage. How much space is presently
being taken? Could some records be moved off-site? Could
some records be microfilmed? Could space saving cabinets or
file systems be introduced?
The Police Department in their memorandum of March suggests
what they feel their projected space needs will be in the
year 2030. However, the memorandum identifies 1/3 of their
space for auxiliary uses that are not directly part of police
operations. The Data Processing Area could remain in City
Ball and has need for less than a third of the requested
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INTEROFFICE MEMORANDUM: 8711-202
Financing of Police Station
November 30, 1987
Page 3
29,000 square feet. The Cable TV Studio can locate in
another facility. The Emergency Center may need to be apart
of the new station, but should be critically looked at in
combining their space with other ongoing uses to get maximum
impact out of the square footage. It could be combined with
other conference room requirements and wired to provide the
communications capability.
The square footage for police uses is based on projected
personnel in the year 2030. However, in reviewing the
memorandum I can not find where their projections take in
account the fact the majority of their personnel are on shift
and in the field, 50 they would not be there at the same
time. I also did not see anything accounting for the number
of individuals assigned to the Community Police Centers or
that the dispatchers already have space provided for. I
realize that we are looking to hire a space consultant,
however, the committee needs to take a very close look in the
formulas used to compute the square footage and the uses
contained in the facility, because of the expensive cost of
new construction.
Another option the Hayor and Common Council needs to consider
is the possible renovation and expansion of existing facil-
ities and buildings. The cost of renovation is between $20-
$25 a square foot as compared to $100-$125 a square foot for
new police construction.
The present facility sits on a pad that could provide 47,000
square feet. The building would have to have the driveway
enclosed and the circular staircase removed, but there is
space. The lot directly to the west has a 22,000 square
foot footprint and two stories could provide an additional
44,000 square feet and have it tied into the existing
structure. It is my understanding that this lot is owned by
the Redevelopment Agency. The present building would have to
be redesigned to provide for better use of space and better
security, but the cost savings would be significant. The
parking problem and its impact on the downtown parking would
remain unless other arrangements are made or this project was
tied into the proposed new parking structure being considered
by the Transportation Committee. If that proceeds, then a
certain number of spaces could be designated and secured for
police vehicles and employees.
Another facility that could be considered
complex of the Public Enterprise Center.
there are some significant legal questions
that those are being researched. However,
is the present
I realize that
to be resolved and
presently bUilding
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INTEROFFICE MEMORANDUM: 8711-202
Financing of Police Station
~ovember 30, 1987
Page 4
Il has 32,000 square feet and building 12 has 22,000 square
feet with 280 parking places in a secured lot on a major
highway. There is also additional land to the west of
building 12 that could be purchased for the expansion of
building 12. The City could buy the land to the corner and
tie in with the existing Fire Station. Building II could
also be used for other City uses and consolidate some of our
other facilities into one visible location. We are presently
working on having the Ingram Branch Library, Cable TV Studio
and Postal Center leasing space in building Il.
If it could be negotiated, it would also assist the City in
the burden it has with the present site, the Five Cities and
the Federal Government. It would however, move the station
out of the downtown area. This site is eight minutes by
freeway and there is easy freeway access to the site. It
would also be right next to the California Highway Patrol
Office. The importance of the downtown location is something
the Mayor and Common Council will have to determine.
If these two options are not acceptable,
they would still consider exploring the
existing structures as an option.
I would hope that
use of already
The City could lower some of its costs by selling the present
facility if it was determined that it should be moved.
However, the projected sale figure, based on some adjoining
property recently sold would probably be around $650,000.
The facility could also be leased. However, both of these
options have limitations with the amount of vacant office
space presently in the downtown area.
The task before the Mayor and Common Council is not a simple
one. It long range impact on the finances, annual budget and
police operations of the City are tremendous. Please feel to
contact me witb any further questions and I will be happy to
explain the options and their impact in more detail to the
committee and answer any further questions they may have.
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~ COMCAST
J\me 10, 1986
Mr. Rayuald D. Sdweitzer
Deputy City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Dear Mr. Schweitzer:
Recently, Ms. BaIbara Lukens, VicePTesident, Publk Affairs, C\)nI('nt
Cable Ccnm rnications, Inc., met with you and other IIelIilers of City
staff to ~i<r1'5S the City's cable television setvice and the upct'llllif\l
change in the ownership of Grwp W Cable, Inc. As pert of tlle
discuss ioo , the City raised questions about funae chamel capacity
expansion of the system. In a letter to the City dated May 22, 1986,
Ms. Lukens provided you with additional explanatory iJIfonIatico about
C",......t's policies and procedures concerning declsims to .odify,
upgrade and/or rebuild a cable system. At this t_, I would lib
to provide you with mre specific information c:oocerninr Cr--nt's
thinking on this utter regardina the cable $)'Stell servi.ng residents
of the City of San Bernardino.
First and forem:>st, I want you to mo.t that ('Jw(:o<>t is prepared to
expand the cable systea's channel eapecity. C---..<>t will i~btely
begin its analysis of the cable systea's tec.mical apabUities,
custClller needs, IW'ket eooditions and capital costs. this llOTk should
be cCJltlleted by aid -1987. Provided that the decis im to proceed forward
wi th a channe 1 c.apaci ty expans ion is KQIVWIlically, tedmieally and finan-
cially feasible, CCIIIlCast will budget the project .to be&in DO later than
1990. Dependina OIl the she and scope of the ~ project, ~letiOll
should be ac~lisbed within 2 to 3 years of tile bejiDniJlI of actual.
constNCtion work. It is of course possible that tJ)is could beaiD prior
to 1990 if IW'ket canditions wanant the ~.(oenditure of capital and We
feel there is . realistic uwO' t..I1ity to eam a retur'll OIl tile invest:llleDt.
eonw-....t viII design the cable $)'Stell to be apeble of ca.ny1na 54 channels
of pru&.......ina. ~ver, during our analysis and Sl.ilsequent pla:nninl,
we JJZ'f fmf that phased in channel c.apacity ~xpm"iOll is the II>st prudent
technical approach. This means that lie ~ ~...de the plant to 36 channels
initully, then expand to 40 cllannels, and ultiEtely to 54 channels, as
necessary. These decisions depend in large part on the current condition
of the cable plant and the I\B.Tket itself.
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Mr. 1b)'llOl'ld D. Schwe 1 He r
City of San Bernardino
JI.ne 10, 1986
Pap Two
In the interiJI, Cancast' will cmtiraJe the preventive _intenance PJ'OlTlll
established by GI'OI.4> W Cable and will be reviNina the PJ'Oil'lIII line-up.
Present 1y, the cable sys tem offers subser iben 29 Pl'Cti,;...d channels
which iDclude local broadcast charne15, advertiser-5qlpOrted cable
~rvices, prem1U1l D:>vie and entertainment services and local pJ'OlT8llllini
and ICCeSS c.hamels. In order to offer the widest nnae of pt'OITlIIIIIinJ,
some charnels share time with various ~rvices. DJe to the fomer "ILlst-
any" rule, the cable operator 1o'ILS required to carry all of the local
b1Wtlc'~t stations regardless of custCllll!r interest or preference. In the
San Bernardino area this meant that several channels were \Il8vailable for
alternative progr8lllDing. As you uy know, the "ILlst-carry" JUle is DO
longer leplly binding and this change in the law _y allow for SQIIe
ProgTaII flexibility in the future. .
.,
As you my know, Cancnt is establishina a Western Reaim office in
Southern California. Jill Bequette, Regional Vice President, Maureen
Whalen, Regional Counsel and Director of GovenllleS1t Relations, Mike (eqlh,
General Jomlager, and Barbara Lukens, rill work with you to ensure that
the City is fully apprised of all future plannina.
I hope this letter and its COllIIIitments clarify ec-nc~st's intentions
concerning the cable system ~rvin& the City of San Bernardino. Should
you have any further questions, please cmtact Milte ~ or any lai>ers
of the c.--""t management tealll.
Very truly yours,
f?;g~
Rober t B. Clasen
President
RBC/m
a:: J. W. Bequette, G~ W Cable
M. (eqlh, G~ . Cable
M. llbaIen, ~ . Cable
B. Lubns, o-..ct
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September l2, 1986
Mr. Raymond D. Schweitzer
Deputy City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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GROUP
W
CABLE
G< we-... AS<boo. 01
x~ ~~X
~X~JaIlClCXJUtX;6'
888 W. Santa Ana Blvd.
Santa Ana, CA 9270l
(714) 953-7633
Dear Ray:
Durinq the next few months, but in no event later than April l, 198~,
Comcast Cablevision Corporation of California will be disposinq of
some of its surplus van-type vehicles. As we discussed, we will be
happy to qive one of these vehicles to the City for the purpose of
transportinq production equipment from one location to another. Mike
Kemph will let you know as soon as the vehicles are available for
your inspection.
Once you have selected the vehicle, Comcast will have it cleaned and
the Group W loqos removed. Vehicle title will De qiven to the City.
Comcast will not maintain or provide any warranty for, this vehicle.
Thank you very much.
Sincerely,
IlJt
Maureen T. Whalen
Western Reqion Counsel
cc: James W. Bequette, Vice President
Michael Kemph, General Manaqer
Stanley Wang, General Counsel
Barbara Lukens, Public Affairs
Harold Horn, CTIC
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September 12, 1986
Mr. Raymond D. Schweitzer
Deputy City ~dministrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
-
-
GROUP
W
CABLE
~xxx
)lS,XJ(M;)t)AA.v. .~"V'\I 'WYlIf )(xxxx: :.e ~
888 W. Santa Ana Blvd.
Santa Ana, CA 9270l
(714) 953-7633
Dear Ray:
Based on our mutual agreements at the final negotiations session
between the City of San Bernardino and Comeast Cablevision
Corporation of California held at City Sall on September lOth, I-~
happy to submit the enclosed Resolution and Memorandum of
Understanding. These documents fully represent Comcast's commitments
to the City. Comcast's General Counsel requested that we leave the
punctuation as is within the NOW THEREFORE clause, therefore, I have
not inserted the parens around the Cable Communications Policy Act.
If this continues to pose a problem with the City, please let me
Know. With this exception, the enclosed documents reflect all other
changes and agreements.
So as not to confuse the issues, I have enclosed a separate letter
outlining Comcast's commitment to provide the City with a vehicle.
~s we discussed, I hope that this matter can be scheduled for the
September 22nd City Council meeting. Mike Kemph and I are available
to answer any of the City'S questions and we will both be in
attendance at the Council meeting.
Tha~ you for all of your assistance on this matter.
Sincerely,
Maureen T. Whalen
Western Region Counsel
cc: James W. Bequette, Vice President
Michael Kemph, General Manager
Stanley Wang, General Counsel
Barbara Lukens, Public Affairs
Harold Horn, CTIC
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C ;~cast Cab1evisl0n
2': -?: North "0" Street
50.- BernafO'no. CA 92~05
.-'~ 881'24~1
:_;1~84
..,
~ C:OMCAST"
City of San Bernardino
300 ~orth "0" Street
San Bernardino, CA 92418
Dear Mayor and Members of City Council:
(1'1(
Over the past year Comcast has made a number of changes to its operation to
better serve our customers in the City of San Bernardino. These changes
in~ude improvements in programming in responee to a customer survey, croes-
tr~ning and build up of staff in the Cuetomer Service Department, addition
of .ore incoming repair lines, and substantial financial commitments to the
City for PEG access.
In February of 1987, five new satellite channels were provided to replace low
viewership programming. The new channels, Nickelodeon, QVC (the shopping
c~nel), The Financial News Network, C-Span, and TBN were chosen to provide
an increased variety of quality programming to our subecribers. We also added
the NFL on ESPN which provides 13 NFL professional football games, including the
Pro Bowl, most of which will not be available on network television. On the
customer service front, Comcast has added 3 additional Customer Service
Representatives to better handle incoming phone traffic. Additionally, extensive
customer service training was implemented to cross train our representatives on
service, inetallation, billing, and sales so that all phases of incoming calls
caD be handled by the first person who answers the phone. Since this "one call
~dles all" philosophy was instituted, telephone abandonment has decreased
dramatically and .on hold" time has been lowered substantially.
lD 1987 Comcast went through an extensive evaluation of system technical per-
formance in preparation for a future equipment upgrade. In addition, consider-
able financial commitments in the area of PEG programming were made to the City.
These commitments included studio equipment, a vehicle, and the establishment of
2 insertion points at city designated locatione for putting access programming
an the cable system.
---
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Kayor and Hembers of City ~ncil
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,
.~
As these activities along with increased operat,onal coets have had a coneidersble
financial impact on our business, Comcast finds it necessary to adjust its service
rates effective January I, 1988. Enclosed is a card eummarizing these new rates.
!~u will find these charges to be very much in line with rates in the area. All
sJbscribers will be notified of this increase by letter (a copy of which is also
e~closed).
~mcast looks forward to providing the reeidents of San Bernardino with continuing
quality service while at the same time constantly evaluating its operation for ways
to better serve our subscribers.
~~~~
Michael D. HcDoneld
General Manager
~mcast Cablevision of San Bernardino
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8
O'lDI~ANCE NO. ~
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDI~G ORDI-
~ANCE NO. 2864 ENTITLED IN PART .AN ORDINANCE. . . G~vrING A
FRANCHISE TO T. V, RECEPTORS. INC.. EXTENDING THE TERM OF SAID
F~'1CHISE, PROVIDING FOR A THIRTY DAY PERIOD 1'0 CURE FAILURE TO
COMPLY ~ITH THE CONDITIONS OF SAID FRANCHISB, PROVIDING FOR A
FIW.CHISE PAYMENT OF FOUR PERCENT (n) OF GROSS RECEIPTS, A.~D
AUTHOR! ZING THE SALE OF THE FRA""ClIISE 1'0 A COIlPl.ajY OF A CElITAIN
NET WOlITH.
THE MAYOR AND COll11ON COlmCIL OF THE crn OF SAN aERlIARDINO
DO ORDAIN AS FOLLOWS:
SECTION ONE: Ordinance No. 2864 Section 3 i. hereby
9 amended to read a. follo~.:
10
'Section 3. DURATION OF GRANT. Thi. fraaehise shall be
effective on the thirty-first (31st) day after ~ publication
of this ordinance. provided the Grantee has pai<H to the City
the sum of one hundred dollars ($100,00) and, haa filed with
the City, within twenty (20) days after such da~ of publication,
a written instrument, addressed to the Council, accepting this
franchise and agreeing to comply with it. provi$lons.
~his franchise shall ex~irl on December Il, 1993, unless
sooner terminated by the Council. in the event the Council shall
have found, after notice and ~earing, that:
(a)) the Grantee
has failed to comply with any ~aterial provisions hereof; or (~)
any provision hereof has becooe invalid or unen~rceable, a~d
~~e Council finds that such provision constitutes a considzration
~aterial to the 9rant of this !ranehise; provided, however, ~~a~
the Grantee shall be given at least thirty (30) days' notice of
any termination proceedings. Prior to the instilution of any
hearing to terminate L~e franchise for failure to comply with
any material provision thereof, Council shall first give Grantee
not less than thirty (30) days ~ritten notice bwcertified ~ail
that there are reasonable grounds to believe thl8: a material non-
compli~nce of the franchise exists, which said notice shall
specify such non-compliance. The franchise sha~ not be ter=dnate
unless Grantee shall fail to cure such non-compUiance within
';
..
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:1
"
jt
( .
........
t
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151
161
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201
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221
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1
thirty (30) days aft~r ~eeeipt of such notice.
Grantee shall have the option to extend the franchise !:
an additional ten (10) ,ear period upon the same terms ~nd eor--
ditions set forth in the franchise upon qivinq written noti:e
of the exercise of such option not less than six (6) months
21
3,
41
51
61
71
prior to December 31, 1993.-
SECTION TWO: Ordinance ~o. 2864 Section 4 Subsection (a
is hereby amended to read as follow.:
"(a) COllll1lencinq with the calendar year of 1969, Gr..'tee
aqrees to pay to City, annually, in lawful money of the United
States, four percent (4\) of the total qross receipts collected
or received, or in any manner qained or derived 1n each calenca=
year, or portion thereof, durin; the term of this franchise, by
the Grantee or its Operatinq Licensees from the properties,
operations and business referred to in Section 2. In any yea:,
or portion thereof, durinq which payments under this section
amount to less than five hundred dollars ($500.001, Grantee a--.
to pay the City the minimum ..,.ount of five hundred dollars
8;
,
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111
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($500.00).
SECTION THREE: Ordinance No. 2864 Section 6 Subsection
is hereby amended to read as follows:
"(c) This franchise is a privileqe to be held in pe:.c~.
24
23 trust by the oriqinal Grantee. It cannot in any event be trans-
251
26
271
28
29
30
31
32
ferred in part, and it i. not to be sold, transferred, leas.~,
assiqned, or disposed of a. a whole, either by forced sale,
merger, consolidation, or othe~lls., without prior consent 0: t~
City expressed by ordinance, and then only under such condi~i=ns
as may be therein prescribed: provided, however, that no such
consent shall be required for any transfer in trust, mortga;e, o.
other hypothecation, as a whole, to secure an indebtedness; pro-
vided further, however, that this franchise may be sold, trans-
ferred or a.si9ned by Grantee to a person or entity whose net
-2-
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worth at t:.! time of such transter shall be not less than
$250,000.00 (adjusted to include incraases in the Cost of Living
Index tor S~uthern California over the current Cost of Living
Index), as shown by a statement of net worth certified to by a
licensed Ce:titied Public Accountant, without the prior consent
of the Gr~tor. Prior consent of the Grantor expressed by ordi-
nance shall be required in the event the Grantee issues lice~ses
for operat:ons under this franchi.e to Operating Licensees and
such licenses shall be subject to all the conditions prescribed
in the ordinance granting consent and the provisions of this
franchise. ~othinq contained herein shall relieve the Grant.e
from any o~ its duties and obligations under this franchise.'
I HZ~BY C~RTIFY that the fore;oing ordinance was duly
adopted by t~e Mayor and Common Council of the City of San Eer-
nardino at a.....,.!,/ "
/ meeting thereof, held on
the aM day ~f. ,.. , 1968 by the followinq vote, to .i t:
, 'J} , ./
AY~S: Councilment....,/;.,.. (" "h_t.(.~. t_-:/~"',d h.,. ~q (;, ,~~/
x./d~X' ,~S?u(, :.... .//,';;/2. ,d/
SOES: ~.././
B'"~'~W,hu~~t7v=~
~f CHy C er'
':'he !oresoinq ordinance is hereby approved this /......-; ea"l
of ~"'J;::"<J'" / . 1968.
M.yo(1( ~ cf!:~~:=c.lno
I
as to form:
~
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