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HomeMy WebLinkAbout1986-01-06 Info Packet of 12/20City of Iowa City MEMORANDUM GWi December 20, 1985 to; Ci ty Counci 1 FROM: City Manager f: Material in Friday's Packet Informal agendas and meting schedule. Memoranda from the City Manager: A. FY87 Budget Discussions b. Recreation Division Programs and Associated Fees Memorandum from the JCCOG Transportation Planner regarding comparison of Iowa City Transit and Ames Transit Memorandum from the Associate Planner regarding Melrose Lake Apartments Large Seal• Residential Development Memorandum from the City Clerk regarding vacation. Invitation. from the Coralville Chamber of Commerce to the 1985 Year -Ender Article: Developer Defies Conventional Wisdom Minutes of staff meeting of December 18, 1985. Calendar for January 1988. BTC Cable TY Triannual Review Report Ii, November 1985. I City of Iowa City MEMORANDUM DATE: December 20, 1985 T0: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule posted. January 7 1986 Tuesday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Melrose Lake Apartments PDH 7:00 P.M. - Resources Conservation Commission Status 7:30 P.M. - Walkways in Area of West High School 8:00 P.M. - Council time, Council committee reports January 9 1986 Thursday 4:30 P.M. - Iowa City Public Library, Meeting Room A Meeting of City Council and Johnson County Board of Supervisors - Separate agenda posted December 24, 1985 Tuesday NO INFORMAL COUNCIL MEETING day December 25, 1985 Wednes MERRY CHRISTMAS! - CITY OFFICES CLOSED December 30, 1985 Monday NO INFORMAL COUNCIL MEETING December 31, 1985 Tuesday Regular Council meeting CANCELLED January 1. 1986 Wednesday HAPPY NEW YEARI - CITY OFFICES CLOSED GO HAWKSII! January 6. 1986 Monday 8:30 A.M. - Council Chambers CitY January 13 1986 Monday 6:30 - 8:30 P.M. Council Chambers Informal Council Meeting - Agenda pending /D Council Organizational Meeting - Separage agenda posted. January 7 1986 Tuesday 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Melrose Lake Apartments PDH 7:00 P.M. - Resources Conservation Commission Status 7:30 P.M. - Walkways in Area of West High School 8:00 P.M. - Council time, Council committee reports January 9 1986 Thursday 4:30 P.M. - Iowa City Public Library, Meeting Room A Meeting of City Council and Johnson County Board of Supervisors - Separate agenda posted December 24, 1985 Tuesday NO INFORMAL COUNCIL MEETING day December 25, 1985 Wednes MERRY CHRISTMAS! - CITY OFFICES CLOSED December 30, 1985 Monday NO INFORMAL COUNCIL MEETING December 31, 1985 Tuesday Regular Council meeting CANCELLED January 1. 1986 Wednesday HAPPY NEW YEARI - CITY OFFICES CLOSED GO HAWKSII! January 6. 1986 Monday 8:30 A.M. - Council Chambers CitY January 13 1986 Monday 6:30 - 8:30 P.M. Council Chambers Informal Council Meeting - Agenda pending /D I City Council December 20, 1985 Page 2 January 14 1986 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers January 18.'1986 Saturday 8:00 A.M. - 1:00 P.M. Iowa City Transit Facility Special Informal Council Meeting to discuss FY87 Budget January 21 1986 Tuesday I 6:30 - 8:30 P.M. Council Chambers Informal Council Meeting - Agenda Pending January 25 1986 Saturday 8:00 A.M. - 1:00 P.M. Iowa City Public Library, Meeting Room A Special Informal Council Meeting to discuss FY87 Budget PENDING LIST Leasing of Airport Land for Commercial Use City Administrative Procedures Coralville Milldam Project Sidewalk Cafes Newspaper Vending Machines Stormwater'Management Ordinance Review Abandoned Vehicle, Ordinance Evaluation Six MonthEvaluation of City Attorney Hutchinson/Bayard Access Request City Conference Board Meeting - January 27, 1986, 6:30 P.M. Appointments to the Parks and Recreation Commission - January 14 Appointments to the Board of Review - January 27 Appointments to the Airport Commission, Mayor's Youth Employment Board, Human Rights Commission, Design Review Committee, Committee on Community Needs, and Broadband Telecommunications Commission - January 28 C City of Iowa City MEMORANDUM Date: December 20, 1985 To: City Council From: City Manager y Re: FY87 Budget Discussions The first of two special informal Council meetings to discuss the FY87 budget was originally scheduled for Saturday, January 11, 1986. Please note on your informal agenda that this meeting has been rescheduled to Saturday, January 18, 1986. The second special informal meeting remains scheduled for Satur- day, January 25, 1986. It is estimated that these meetings will last from 8 AM.until approximately I PM. If the above -scheduled meetings present a problem or conflict for you, please let me know as quickly as possible. Please keep in mind that given the March 15 deadline for budget certification, and the necessity of having all budget materials finally prepared for the public hearing which must occur in late February, it is highly inadvisable that the entire process be postponed beyond January 25. cc: Finance Director bj5/17. Em City of Iowa City MEMORANDUM Date: December 18, 1985 To: City Council From: City Manager ✓ 3�.iL� Re: Recreation Division Programs and Associated Fees Attached please find an extensive list of the programs, and services offered by the Recreation Division, and the amount of the fee, if any, charged for participation in each of these programs, services, or for use of facilities. Also included is an estimate of the approximate percentage of the total cost which is covered by the respective fees. During recent budget discussions, Council has discusseQ the possibility of additional fee increases, and the Recreation Division has been mentioned as one area where such increases might be explored. The attached information should be of assistance to you in determining whether or not you will wish to explore this possibility further. This issue will be raised again during future budget discussions. If you have questions regarding any of the information provided, please let me know. bjl/8 ■■ /Z 12/4/85 REVISED .12/6/85 IOWA CITY PARKS AND RECREATION DEPARTMENT - RECREAT ION 61V IS ION PROGRAMS 530.00 each, depending own materials. Some classes offered include CULTURAL/SOCIAL PROGRAMS F. OF COST . - Pf.E - EFFECTIVE RECOVERED DESCRIPTION UL'CEMISUR ll, 1985 60.652 Child Care (for use by participants) 51.25/hour per child 50% Public use of Ceramics Room $8.00 user card fee 90% Sale of clay (cost to be raised 1/86 to music and drama for children ages 3-14 years. recover) $5.00 fee ' Public use of Craft Room No fee 50% Public use of Dark Room $1.75 fee per each use 100% Sumner Camp for children 5-12 years 595.00/session 1001Z Supervised play for children 5-12 years L2 events for children are planned yearly) before and after Sunmier Camp $16.00 for a.m. E p.m. 650 Kindergrounds - playground program at 3 per year) two sites for 8 weeks $15.00 0% Sunmer playgrounds - 6 playgrounds for sites in afternoon hours two times per year) 5-12 year olds for 8 weeks in the scanner No fees 0% Children's Museum - "hands on" activities, arts and history in log cabins at City Park No fees 100% Adult art classes - approximately 30 classes Fees range from $20.00 - /z i i are offered yearly --adults provide their 530.00 each, depending own materials. Some classes offered include on length of class and painting (oils, alkyds, watercolour), wages to be paid. drawing, printmaking, and ceramics. GO.708 Pre-school & Children's Arts Classes Fees range from 56.00 - (approximately 80-85 total classes are $15.00, depending on offered each year in crafts, movement, length of class. music and drama for children ages 3-14 years. 80% Nature Programs for children ages 5-12 years $10.00-512.00 per session (6 classes are offered yearly in outdoor setting at South Hickory Hill Park) 50'1 Special events for children (approximately $1.00-51.50 per event L2 events for children are planned yearly) 040 Special events for children (approximately No fee 3 per year) 10011. Afternoon Recreation (6 meetings at school 511.00/session sites in afternoon hours two times per year) •0". Play Day - Saturdays and drop-in crafts. No fee rollerskating, open gym and gameruom for school-age children on Saturdays and public school holidays) Approx- Special Events for adults (one to two offered Minimal entry fees 50,1 per year, such as photo contests, etc.) *The general public makes use of the craft room, providing their own materials and supplies. The Division supplies the space, tables, etc., and cost is general overhead, only. /z i i CULTURAL/SOCIAL PROGRAMS (cont.) Page two i ".• OF COST RECOVERED DESCRIPTION FEE - EFFECTIVE CF.NOER I1 , 1985 QIfees 0b' Senior citizen activities held at Senior 110 charged Center including dances, holiday pm -ties, table game programs, etc. Variable supply cost Senior citizen craft programs - two to four $2-00-$3.00 per class only per year for su l pp ies. *Note: Senior ' only $1.00. citizens currently may enroll in Recreation Division classes for FITNESS/WELLNESS/SPORTS ACTIVITIES Youth - 4th, 5th 8 6th grades 3 O Basketball - 10 weeks/one season $6. 25/ 30 Volleyball - 10 weeks/one season $6.25/season 30: Football - 8 weeks/one season $6.25/Season Adult - 18 and older 1002 Basketball (men's) - 9 weeks/three seasons $130.00/season 1002 Volleyball (men's, women's; co-rec) - 9 weeks/four seasons $45_00/season 100„ - Softball (men's, women's, co-rec) - 15 weeks/one season X295.00/season 1000 Structured aerobics - 50 weeks - five-week sessions $12-00(session 1001Z Drop-in aerobics - 50 weeks $1.25/session 0% Sr. Citizen Slo-robics and Fitness Over Fifty - 50 weeks continuous No fee Ou Drop-in activities - gym and gameroom - continuous No fee O" Equipment rental - continuous No fee " * Racquetball - continuous $2.00/hour Oa Rollerskating - continuous Na fee AQUATICS ACTIVITIES ** Public Swim ) Lap Swim ) 75t admission iSenior Swim ) 100x' Adult swinuning lessons - 10 five-week h sessions - 2 classes/week - 10 lessons 512,00/session 1002. Aquaeizing (adults) - 18 five-week sessions ( - 2 classes/week - 10 lessons $12.00/s es s ion j 1001 Friday Drop-in Aquacizing $1.25/session ** 75% for Recreation Center pool and 58% for outdoor pools, *The $2.00 fee for racquetball court reservation was instituted to assist in the recovery of costs for court renovations completed in September of 1984. 'jz AQUATICS ACTIVITIES (cont.) Page three M OF COST FEE - EFFECTIVE RECOVERED DESCRIPTION DECEMBER 11, 1985 60-70% Pre -be inner swim lessons (children and $10 00/session 60-705 80'. 80% 100., 1005 90% 60-705 80'," 00. 6U -7U% 60-70% 100% IUM" IUUN youth) - 5 two-week sessions - 12 classes/ week - 10 lessons; 7 five-week sessions - 2 classes/week - 10 lessons; 6 ten -week sessions - 1 class/week - 10 lessons Youth swimming lessons - 5 two-week sessions $10.00/session - 9 classes/week - 10 lessons; 7 five-week sessions - 9 classes/week - 10 lessons; 6 ten -week sessions - 4 classes/weeks - 10 lessons. (Non -swimmer; beginner; advanced beginner; intennediate; swinmer) Basic Water Rescue 8 Water Safety $18.00/session - 3 sessions Water Safety Aide Class - 3 sessions $18.00/session Advanced Lifesaving - 3 sessions $26.00/session Water Safety Instructor - 3 sessions $36.00/session Synchronized Swimming Club (youth) - $25.00/session two sessions Synchronized Swimming Clinics (youth) - $6.00/session 2 sessions (beginners and advanced) - 6 classes Springboard Diving - 3 sessions - 5 weeks/ $10.00/session session Swim Festival - Special event - Regular pool admission fee Gymnastics (3-5 year olds) - 7 five-week $10.00/session sessions - 10 lessons; 4 ten -week sessions 10 lessons Gymnastics (6-12 year olds) - 7 five-week $10.00/session sessions - 10 lessons; 4 ten -week sessions - 10 lessons Racquetball instruction - 8 five-week $12.00/session sessions - 10 lessons Racquetball tournament $10.00/team entry fee Trips (12 trips per year to baseball games. Varies area sites, and parks) Tennis lessons (youth) - 7 two-week sessions $10.00/session - 6 classes/week - 10 lessons; 2 five-week sessions - 4 classes/week - 10 lessons (beginner, advanced beginner, intermediate) /Z AQUATICS ACTIVITIES (cont. ) Page four •° OF COST rEE - EFFECTIVE RECOVERED DESCRIPTION OECEllE R 11,_1985 lODA Tennis lessons (adults) - 7 two-week $10.00/session sessions - 4 classes/week - 10 lessons; 2 five-week sessions . 4 classes/week - 10 lessons. IOWA Adult tennis league- 3 sessions $10.00/session 1000 Cross country ski lessons - 9 hours of $25.00 instruction 100:'. Droomball tournament $35.00/team 60-7071 Ice skating instruction - youth - $7.25/session 1 four-week session- 4 classes/week - 8 lessons (beginners and advanced) 901; Adult ice skating instruction - 1 four-week $9.25/session session - 4 classes/week - 8 lessons (beginners and ice dancing) SPECIAL POPULATIONS INVOLVEMENT Activities for persons with physical, mental or emotional disabilities. Three program sessions (fall, winter/spring, and summer) are offered per year. These.classes span 12 weeks for fall; 15 .weeks for winter/spring; and 10 weeks for summer. 01 Two to three sports classes (football, No fee basketball , volleyball, gymnastics, soft- ball , etc. ). Once per week in each of the three program sessions - Four to five health and fitness classes No fee (aerobics, nutrition, aquatics, exercise, etc.). One to two times per week in each program session. 1006 Adapted Aquatics $2.00/session 0" Five to six social/cultural classes (drama, No fee music, dance, etc.) offered one time per week in each session. These activi ties may - culminate in final performances at the Very Special Arts Festival and other events in the community. U: Two to three arts and crafts classes (paint- No fee ing, pottery, drawi ng, etc.) are offered one time per week per session. 02 One arts and crafts class (woodworking, silk- 53.00-$5.00/class for screening, etc,) is offered one tiuw per materials week in one of the program sessions. 0: One to two independent living skills classes 53.00-$5.00/class for (cooking, baking, sewi ng, etc.) offered one cost of supplies, time per week in each program session. depending on cost of p rog ram . /eZ .4 SPECIAL POPULATIONS INVOLVEMENT (cont.) Page five % OF COST FEE - EFFECTIVE RECOVERED DESCRIPTION DECEMBER 11, 1985 1% Goodtimers Club members pay $4.00 per year $4.00/year dues dues and meet one time per month for a variety of activities. 1% Coffeehouse Club members pay $4.00 per year $4.00/year dues dues and meet each Wednesday and one Saturday per month for leisure time activity. 0% FRIENDS program - ongoing year-round. No fee Volunteers are matched one-on-one with a disabled person to spend leisure time together. This program is designed to increase socialization for the disabled individuals. 0% Four to five special events (tournaments, No fee parties, dances, workshops, carnivals, festivals, etc.) are offered one time in each of the three program sessions. 100% One to two special events (trips, etc.) are Fee varies offered one time per year. Fee varies according to destination and travel fare. RECREATION DIVISION OFFICE ADMINISTRATION * 2,007 park shelter reservations $4.00; $10.00/enclosed 0% 1,586 tennis court reservations No fee 0% 679 ball diamond reservations No fee 0% 562 equipment rentals No fee *x 5,157 racquetball court reservations $2.00/hour 5% Room rentals by outside organizations $5.00 - $50.00 depending on space reserved * Santa suit rentals - 4 suits available $2.00/day or evening use to public; each to be used two times per day - December 1 -January 1 *Only administrative costs are recovered for these activities performed by office staff. "The $2.00 fee for racquetball court reservations was instituted to assist in the recovery of costs for court renovations completed in September of 1984. ■ OTHER ACTIVITIES Page six % OF COST FEE - EFFECTIVE RECOVERED DESCRIPTION DECEMBER 11, 1985 0% Swim Club No fee Pooluse: Oct, -Mar., one hour/day M -F; June -Aug., 4.5 hours/day, M -F; meets b clinics periodically Meeting room use: first Sunday of each nonth,one-two hours/each month 0% Iowa Ci!L Community Theatre No fee Reefing room use: per— 01 d Bally for auditions 0% Iowa City Boys Baseball No fee Meeting room use: organizational meetings and draft 0% Iowa Cit Girls Softball No fee _7eeti g roan use: organizational meetings, draft, and equipment storage 0% Iowa City Kickers No fee meeting room use: occasional meetings and equipment storage 0% Iowa CCik Striders (Hospice Marathon) No fee -A eting room use: once a month during off-season and weekly for 3 months 0% Aero Hawks No fee Meeting room use: once a month 0% *Do Si Do 5uarereDance No fee SocTaT-Hall use twee monthly and storage; quarterly dances and potlucks d% *Ocean Waves Square Dance No fee SocTJ la 1 use tw c�onthly and storage; quarterly dances and potlucks 0% *Old Capitol Chorus No fee - '`ocia7 Hall use weekly and storage 0% *Sweet Adel ines No fee Sacra la use weekly and storage 0% Iowa City Camera Club No fee — eetfng roon use: meetings once/month O% HACAP No fee Game room and meeting room use every month for cheese distribution and miscellaneous meetings O% Golden Age Club No fee SEMI 1 Hall use: weekly meetings and quarterly special potlucks O% Celtic Heritage League No fee *Yearly donations in the approximate amount of $100.00 are received from these clubs, /,z Johnson County Council of Governments 410 E.V/bshr-9ton St. IaA-n Ci[y, bvw 52240 rr I Date: December 18, 1965 To: Neal Berlin, City Manager From: tJohn Lundell, Transportation Planner Re: Comparison of Iowa City Transit and Anes Tra_nsi t As you requested I have completed a comparison oP Ames Transit CAT) and Iowa City Transit (ICT) in conjunction with CAMBUS, fable I compares performance statistics and Table 2 revenue sources. It is very ev9dent that the Iowa City area has chosen to prov ide a sub stamti ally h-igher level of transit service than Ames. ICT and CAMBUS operate 40.0% more revenue miles than AT while carrying 61.1% more passengers. The -combined cost per passenger is less than AT, however the cost per mile is h igh-er in th-f s area. After a discussion with Bob Bourne, Ames Transit Manager, the reason fcor our higher per mile cost became apparent. Labor costs are substantially less in Ames. AT. employs 15 full-time and 45 part—time drivers. The - of their wage scale is 58.64 while the mid of nt of ours is $13,to Part-time AT drivers receive no benefits other in pa -Id vacation and sick leave and they do not move up the pay scale over time, Tbei-r owniy in- creases are across-the-board adjustments. In Table 2 it appears that AT is supported at a higher level by Iowa State University than by the City of Ames. However, Bob indicates the vast majority of their riders are University related. As a result of my conversation with Bob, it is evident that Anes Trani t is also experiencing serious budget shortfalls. 3n -their pro,posved F187 budget, AT is recoending at 5% service cutback in conjunction with ac 101 increase mm e in fundi�ngg from they, s u en lees, ani—general uni-versitj support. . Without these increases Bob indicates the cuts wii l be arare significant. Thank you and if you desire any additional information please feel frere to contact me. cc: Don Schmeiser, JCCOG Director bc3 /3 r� it �'�.\,..��N•^,,,\r-,�i\-ori\�'-.,, ^-.1\\..��,,..���W,i+✓•ur. r.r� :•/ 1A481tr 1 alcnclmcde=s Lom City ❑and : FY- 85 I PERI:FORKNI:CE _ Stf-TIS-11CtS 3. e gmsses Tri—ASI. t Is owa . Cf- ty -Trar.nsl- t CwBU3 ICk f arand OrAWS PoPulastfoin 4-5,115577'' FYEN5 FOEENUE3E SCDURCXES RldlEvszhlpis r -,22C80-46 :2,3.16,s06T 32,35'-1,5001 S,w5744 1hr-wreM111e;s )3 46 62 8:21,!943 39+1,5868 1,2219R,51m 70t=41 Ope,=rab;fng : Bu-dgmA 11 .,42,1,5=85 3:1,8!163,:151 !t$13`9,Ot16 162,E502A16n"r Co -t p..er % Pas-son,-qer- 646 8064 2226 4651 {o-tp+er1:Nilre ;SLt94 52-.2) zi,m $x,15 Rlkes Por - Ca; pit." 40 ,) 4+4,9 — 10.99 alcnclmcde=s Lom City ❑and : 11riveaslrty HMelSht!s 3. e MILE 2 FYEN5 FOEENUE3E SCDURCXES kms - Traeansl-t 1:1owm Ct'dty Trsasinstit WARS MCI ant CAQNBIUS TMIr„A MID-,ODO (---10,:1%) 1113,4006 WZ11) !45,00 (6..1%)c I156MOS (6'0,260) 100-T, 65-,BZ46 (-4.7:%) 12 ,350 0(1,221) 223g00 IIIO, 33M y>Vai rlr�it� 473 76ZI 61E14,00 0-0*001 (204,501) 1136! ,33ZI (Z1,A-4%) ]2E MC D5 0(41..3%)O WOO 7929x.205'0 (259,111) -7ar:atlam 253�10a0 (=8.=) 74G,IlaO 0(42..4%)p -- , C(O%)O 7949,.1100 (209,941) sNlsnc a- 19.,iO 1(3Z,4g _ 44,26: IiMn,82A1( 00`.3) iW76p,]C78'0000) 74tINIZ00 (16%)0 2,5'004,.1064(15006:) e�nc'wludas charrtess', adyert;isirng, Inntera?st,. efltc, sa�ncEludes �33�,10013 �rorn s1tvdant tuiNtir�o, ' �ea�nc'aludes X46=,0RD0 tffrornmandmtor-y mod optilomal fees, 3M: Those tcota-1 bvdg.ets In Tatible I and TaMle 2 cdo mot egi:jal due tr, s du'ffe aremt cUt" soo=es, . r3 r Ci_1:1ts . off 14OWv l I AcEt R Ill EIVIORA1 ^�DUAd . Date= Der~emizer 19,. 19 085 Toc_ Cit•_ry Our ncll i Fr-om;: Nar•lanme Nil : War, _ Ass, ociiate pl:annaer Pec 1 Nelt rosy a wke . Aprartraoen-. is RLargge Hca- le RAes-iderntial Cevelopnemt Cf[SR) q logy-ai .devaelolper .Icojkotrasactoor -is oconsidaerirn9 WZhaM of tihe property known is Me Iro-ose lake XparYtmevtsa arnd •ownGed by Terrry NI" 11i:amsI. The d&'eve •lopaer plaeos in Iti=al con•astrucr-:loo r of� a 24--un-it , com,doominla uo buf ildf Ing to be fo-llomwed by • a tetn•wLnit bu' ild'iag at sorame late er a datt e. Th re porel 'Ini-inar_y bouil "din -19 plan u, 0file basicaalin saimiilar too tzhore :appnrovted by thee CoumciTl armd thm P?lanrning wind 2omninog Cca>n dss'ion , d Ilff>'er sooeewhaat In the alppe:araonce of tlae tfacade— There arse noo clthaneges in . 100aat'104 are s Ize , of thea bauil :dim,g; the"ma-lin chaunge�s a%re in dooeoriztioans, gableys itod bapromy Qdesi ign, _ Ths sr tafN ddoes • not consider : these • to be 098aiMcaant chamrges In sthe getner:al desigr,i amd over -411111 cl-mrsecter df We planned LLS91, t1vt wishes too make Cor unc- it aweare of thee porop ootmd charngess, to%m 5;Cot_t, zhaairpaersun of the P1lamming amd zorninta Cc=iHss%on. hms rev%ewE?d tlhe przposed bucild7og plans and U'aencaurs wicth steaff thaet tz-he _chommifts we not= si, gni- fic::ant -, A =opyv of= thrae oariS>Dinaal nand prmposaed buaildnog elm° alrioms w11T1 be it tl-ie aourn- till paackeet f- or lhe� mreetitng . en . Jana uar!y i •, 1!986• , "1he �e pplarns s,aail?1 bEi diiseusscd bri'aefUy apt tl:hat: iredarneal m o,etia rg, Irf Coounacil fesels thee cNmnges In the baaild• in77 pi ions : arve s :ign dfi+can-t, esta-ff rsviltl have thae P11anrning ar-id Fzoo:ing Cozmissiran ref-Imthue p'dant-s a --.s a arsrenclnewt, t -to 1 -the ez-ist�ing Po --N pla". : bjd=yl a /t%, "0 V . Olev A 1 c.Na It -y IAd1EMaR ANDUMM Drfll� pecember 19, 1984 lo= City Co=unc J1 q� vaca=tion I wi all Me mn naccOoon —froam Deecmbe-r Z3, 19g:5 t;::hro ugix JatnuaLry 3, 1986, Depuslty CCit3y Cilerltc Ramona Varrrot:tw-111 bet ons va-ut-lom Jacnua:.ry 2 arld 83, X985, Doris DEArrce wi71 tare I eree irrour abs,enc:e orm January, 2 -and=. 3 to coordinc3te CiAty Murk Mpartavalt 4unc--tio•ns, OL Olev A 1 c.Na It -y IAd1EMaR ANDUMM Drfll� pecember 19, 1984 lo= City Co=unc J1 q� vaca=tion I wi all Me mn naccOoon —froam Deecmbe-r Z3, 19g:5 t;::hro ugix JatnuaLry 3, 1986, Depuslty CCit3y Cilerltc Ramona Varrrot:tw-111 bet ons va-ut-lom Jacnua:.ry 2 arld 83, X985, Doris DEArrce wi71 tare I eree irrour abs,enc:e orm January, 2 -and=. 3 to coordinc3te CiAty Murk Mpartavalt 4unc--tio•ns, OL 1 b..•-� \�up._.v\v'nn. ui. -ori qr _\N..�pvnra.n:--:r:�•N�a��.��--•�..�.�•^.:h�'n\�.�.J�'.K'�n\•vnV/"A\.M'nNav'.• Ii The CaomCvlil-e Chamber or Cvmmome InvHhs yow send •a gaws to orx VIS YiIAR-S:NDBR ort Dnctrnbea 32, 1485 I otg Oat Sbboy 1!m (pmlddo) MM 4,40�630 we- hop --^Wu plan_ to pin rnl J(::, S bT WEDNESDAY. DECEMBER IS, Ills THE WALL STREET JOURNAL O'IW Gu• IOra & C""", Lr. Ai Rk,* fim u .. Developer Dues Conventional Wisdom By his own admission, Scott Toombs, a New Canaan, Conn., developer, does ••weird real estate." To understand what he means• consider his projects: In Philadelphia, Mr. Toombs, together with the Read. Ina Co., completed anew ofRee buildin N a location that b, to put It dly, adventurous by local standa� The ml c,,,lone Reading Center In a seedy area east of City Ilafi. TAouF61UE+aq yoq a major recall development dope by F6. Toombs's former em• . Woyer, Rouse Co.. It hasn't been seen as a prime office laatlop—at /I/rJV' Vast ,Ronon. r of a new commuterrraail =dbs says on on�the site and tted he promise aof the new ventlm center nearby. Local brokers say kasipg for the art deco tower bar proceeded slowly, though ARA Services int has put It headquarters in the bWiding. As one broker who turned down a -fob J as leasing ent sayyss, "It's oNy a matter of time. in Io years, one Reading will look Ike a home nun." used ahrir rights of h Zrlc bWidin` and tthe trrans�fer them m anenelr�toh boning site for cotutnxtlmt of a new building, Redwood Tower. The conventional wisdom la Baldre real estate circles was that air " rights couldn't be sold outside of kfashaUL His latest MW W Ylfiage. a 5130 million reball projects witthh a is and ogee ow lust outside Princeton, N.J., In a partnership with Mutual Ben. eat life Insurance Co. V R•S DID what for a developer amounts to heresy: MHe asked asked t to have the *acre site tuned at a lower density of development "We did it not because we're nuts but be. 2 caws tot's aD the site can tally accommodate," he says. N addition, Mr. Toombs and Mutual Benefit arc building an r retail area with a town square and a dock -tower and pro- s parking on one side of the stmt. Mat other developers woul t dream of not enclosing a retailpproject. '"fhb Is a village. not a mW." Mr. lionlOs says. "We're try• tag to crate as urban air in a suburban se ft. The concept Is what I call. for lack of a better I= 'country eke stores: It's going have all of the services anyone would need; ifs not going tote your 'Gucci and Pucd' storess dethe work rta"gn force Vnthercwrertwmdlng Prlpcetp sin Forrestworkinal Celnbtera� up . Vow too 20= empWM from a eLS miles Wuynyat UIL Snt that has NM .• anlly reeelved avopoM too. nlroval build a SlrttessvpAr"ten Merated ryrkM ................. ....w. .................. . .��n............r.... _+�.� ..v.v.�mw�+r. MINUTES OF STAFF MEETING December 18, 1985 I , Referrals from the informal and formal Council meetings were distributed to the staff for review and discussion (copy attached). i The Assistant City Manager requested that the Program Division Statements i T be furnished to him as soon as possible. i Hansen Lind Meyer, architects for the Civic Center Project gave a brief j i update on the preliminary design concept. f *4 INFORMAL COUNCIL MEETING DATE. December 16. 1985 PENDING COUNCIL ITEMS UW -3 az SUBJECT �oW W> oW ¢ REFERRRED DATE TO 0 WX 29a w ¢ t= a a COMMENTS/STATUS 403 Area Extension -16 P&PD Prepare resolution to extend to 900 block of North Gilbert as requested. Resources Conservation Comm. 12-16 Assistant 'ty Manaler Schedule informal discussion of status after January 1. Invite current members. Policy Statement 12-16 City Manag Prepare policy statement re. no penalty for generating additional revenues. Special Council Meeting 12-16 Info Friday, 12-20-85, at 8:00 A.M. to discuss decisions re. transit. Lorraine call and remind Council Transit Service 12-16 City Managr Call Casey Mahon Drainage Problem 12-16 Public Woris Did memo re. Skaugstad property go to neighbors? Kimball Road 12-16 Public Wor s Could we plan to alternate sides of street every other snowfall? T w TABLE OF CONTENTS Page I. BACKGROUND AND PURPOSE OF CABLE TV TRIANNUAL REVIEW........ 1 II. RECOMMENDATIONS TO COUNCIL, RESOLUTIONS OF BTC ............. 2 III. PROPOSED ORDINANCE AMENDMENTS FROM HERITAGE CABLEVISION.... 3 IV. CONCLUSIONS, FACTUAL FINDINGS AND AGREEMENTS REACHED DURING THE REVIEW Programming .............................................. 4 Service .................................................. 6 Technical................................................ 8 Financial ................................................. 8 V. FUTURE CONSIDERATIONS LIST ................................. 10 VI. BTS SUMMARY ...................................:............. 12 VII. SUBCOMMITTEES FORMED: ........................ 14 A. The Access/NPO subcommittee .......................... 14 (To facilitate, monitor access in general and develop the non-profit organization or NPO concept to run access) B. The Service/Technical Subcommittee ................... 14 (To monitor company computer complaint and service logs) C. The Legislative Subcommittee ......................... 74 (To monitor cable legislative and court developments) 14 D. The State -of -the -Art Subcommittee .................... (To make recommendations regarding state-of-the-art in Cable TV) E. The Joint Commission of Other Governmental Units Involved with Cable TV Subcommittee .................. 14 (To facilitate relations with cable concerned 'neighbors') VIII. EXHIBITS ................................................... 15 A. How Programming has Changed in Iowa City Since 1979.. 16 8. Groups and Organizations who have used the Local Access/CPC Facilities ................................ 18 C. State -of -the -Art Report by Nick Johnson and Flo Beth Ehninger.................................... 19 D. Complaint Logs and Service Tallies of BTS and Heritage ............................................. 22 E. 1985 Costs for. Cable Services in Iowa City........... 25 F. Projected Costs of Cable Services by Heritage........ 26 G. 1984 Cable Act Summary ............................... IX. GLOSSARY of Cable TV Words and Phrases in this Report...... 31 Did you know that an NPO could run the CPC and make PSAs? Sound confusing? This Glossary should clear the confusion. ago BACKGROUND AND PURPOSE OF CABLE TV TRIANNUAL REVIEW In 1982 the City of Iowa City and the Broadband Telecommunications Commission (BTC) conducted their first Triannual Review. The recommen- dations, findings and agreements reached in that review indicated how far the cable system had developed, what problems and issues needed to i be addressed and charted possible future directions of the system. For comparison purposes, a copy of the Triannual Review Report of 1982 can be obtained at the City Clerk's office. The cable TV ordinance for Iowa City directs the BTC to conduct a comprehensive review of the cable company, system and franchise every three years. The intent and purpose of such a review are stated in T Section 14-62 and 14-64 of the Iowa City Code. To fulfill this mandate, the BTC conducted several public meetings from May to October of 1985. This report is a synopsis of the most impor- tant recommendations, findings and agreements reached during those meetings. For more details than included herein, please see the min- utes of the BTC from May to October of 1985. Two of the major issues facing the City at this time stem from an unfulfilled contractual agreement with the franchisee made in August, 1984. Specifically, obtaining a 5% franchise fee from the cable com- pany.and the creation of a non-profit organization (NPO) to operate the Public Access Channel and the Community Programming Center. Because of previous actions taken by the Council, and pending negotiations or litigation, the BTC consciously avoided comment on these matters except to reaffirm their commitment to and support for the 5% franchise fee and the NPO. I The Cable Act of 1984 represents the first piece of cable law enacted by Congress since 1934. It has had and will continue to have dramatic effects on the nature of the relationship between the City and the cable TV franchisee. Please see Exhibit G for a very brief synopsis of this law and how it affects the City's relationship with the cable company. ! The BTC would like to thank the City Administration, City Legal staff and especially the BTS office for their assistance throughout the Triannual Review. In addition, the BTC expressed a sincere interest in seeing a follow-up to previous discussions concerning the study and potential benefits of an internal city communications system integrat- ing cable TV, data and possible voice and visual applications. M II.RECOMMENDATIONS TO COUNCIL AND RESOLUTIONS OF THE BTC Below for your review are the proposed amendments to Section 14-78(b) ("Extension of Network Within City Boundaries"): 1. Documentation: Upon receipt of a "first request for service" by a potential subscriber within any of the required extension areas listed above in Section 14-78(b)(1), the grantee shall document such request(:) by 1) promptly sending written acknowledgement of same to the requesting potential subscriber confirming the date of grantee's receipt of such request and 2) by supplying monthly to the Commission a list of the names and addresses of those potential subscribers making such first requests for service during the prior month, including in said list the date of grantee's receipt of such requests from each said potential subscriber. 2. Damages: Failure of the grantee to meet the deadlines for required extension of the network as specified in Section 17-78(b)(1) unless exempted under the provisions of Section 14-79(f) shall result in forfeiture of the performance bond provided for in Section 14-75(b) or withdrawal from the security fund as provided in Section 14-75(d) up to one hundred dollars ($100.00) per day each day beyond said deadline as compensation by way of liquidated damages as a result of such failure. RESOLUTIONS: 3. The BTC reaffirmed its support for the concept of a non-profit organization (NPO) to manage the Community Progranning Center and the Public Access Channel. 4. The BTC supports the increase to five percent from three percent for the franchise fee paid by Heritage to the City annually. Fur- ther, the BTC strongly recommends that the Council take action on this matter. 5. The BTC believes that it is necessary for the City to hire an outside consultant to work with staff to determine whether any rate increase in the event th cable company erequests more Cthan nthe sannual nfive able percent automatic- ally available to the Company as a result of the 1984 Cable Act). 6. The BTC reaffirmed a resolution that all of the local access pro- duction equipment offered in the original proposal by the cable i company must be available 100% of the time for community use. Failure to do so could constitute an act of non-compliance and/or result in a recommendation to use the security fund to remedy the problem. 5 o�t7 III, PROPOSED ORDINANCE AMENDMENTS FROM HERITAGE The following ordinance amendments were proposed by Heritage. They have been submitted - to the BTC, which passed them to City Legal staff for comment. Upon being given the City Legal staff's advice, the BTC was unwilling to recommend to Council the proposed ordinance amendments as set out below. The BTC suggested that if Heritage wishes the BTC's recommendations and endorsement, that the company's. legal staff modify the language of these amendments as per the BTC's suggestions and re -submit them. Heritage does have the option of submitting these amendments in their current form directly to Council. (Proposed to be added to cable TV ordinance, Section 14-78(1)): G. However, the Company may require from the developer of a contiguous or non-contiguous subdivision an advance payment equal in sum to the costs of installing cable in that subdivision, such monies being placed in escrow to be returned (including interest) at the rate of 20 percent for each 10 percent of potential homes developed so that when subdivision is 50 percent complete, all monies shall have been returned. H. Should such good -faith monies not be deposited in advance with company, subdivision cable construction may be delayed until such time that it is.50 percent developed, or the required homes per mile has been reached. I. Commercial subscribers requesting service may be required to incur all costs beyond those associated with installing a 300 foot serv- ice. Such costs shall be paid in advance if so requested. For the purpose of this paragraph, commercial shall mean any business, firm, or corporation (profit or non-profit) doing business inside the city limits of Iowa City. 3 M MCONCLUSIONS, FACTUAL FINDINGS AND AGREEMENTS REACHED Programming 1. The BTC reaffirmed by resolution their commitment to the concept of having a non-profit organization operate and manage Public Access Channel 26 and the Community Programming Center, rather than having Heritage continue to manage and operate these endeavors as they are currently structured. 2. The Grantee has added an average of three new services per year since the last Triannual Review in 1982, including CNN, CNNII, Weather Channel, Financial News Network, Spanish International Network, Disney Channel, Nashville Network, Cable Health Network, Sportsvision, and has expanded the Arts Channel. Please see Ex- hibit A for a complete look at the changes in programming offered on the cable system from 1979 to 1985. 3. There are four blank channels left on the Iowa City cable system. Channel 11 cannot be used for video programming. There has been discussion of leaving one channel blank for future leased access purposes. The cable company has discussed the possibility of adding UHF channel 38 from Cedar Rapids or VH -1, a contemporary music channel, to the lineup in Iowa City. In addition, because Black Entertainment Television (BET) has been requested in Iowa City, Graves of Heritage has agreed to surveying the Iowa City subscribers through Heritage's billing statements to see how many people would be interested in receiving BET. 4. Other new programming possibilities for Iowa City mentioned by Heritage during the Triannual meetings, include more foreign lan- guage programming, the soon to be established UHF channel in Iowa City and stereo FM for HBO, Cinemax and the Nashville Network. 5. Heritage cannot speed up the local weather page rotation on the Weather Channel 6. However, Heritage can and has made efforts to provide local weather and time information by superimposing it on the screen (the white text towards the bottom of the screen). 6. Heritage has installed commercial insertion capability, allowing local commercials or Public Service Announcements (PSAs) to be automatically inserted on ESPN, MTV, CNN and USA Network cable channels. The grantee has agreed this system may be used as a method of promoting access and other worthwhile causes in Iowa City. This system has in fact already been used many times to show Public Access and CPC PSAs - with good response from the public. 7. Results of public access programming efforts being managed by the cable company have diminished over the last three years. The total amount of programming produced for Public Access Channel 26 has decreased to 1/3 of what it was in 1982. (IV. Programming, cont'd) At the same time all other access channels (Library Access Channel 20, Educational Access Channel 27, University Access Channel 28, and Government Access Channel 29) have at least doubled programming efforts. In addition, the number of access workshop graduates taught by the grantee has decreased each year since 1982. Why this has occurred has been a subject of much discussion at the BTC meetings. Items 7, 8, 9 and 10 below were results of these discus- sions and are attempts to start studying and resolving this mat- ter. 8. Heritage has agreed to a survey that will collect data on who takes access workshops and why, in an effort to isolate problems and promote better community participation, benefits and public rela- iions. 9. Heritage has agreed to an equipment report form to be filled out by access producers upon return of the access equipment which will be given to the BTS with a copy to Heritage. This will enable the City to better monitor access production equipment problems and ensure that such equipment is working and available for community use 100% of the time, as per the BTC's resolution on this matter. 10. Public Access Channel and CPC performance standards, goals and objectives and report mechanisms will be developed. These will be developed cooperatively between the City and Heritage, since Heri- tage is currently the managing and operating entity for Channel 26 and the CPC. This was agreed upon in an effort to ensure the cable company knows what is expected from them concerning their responsi- bilities in these areas; so the City can more easily monitor and hold accountable the actions of the company; and so the best possi- ble results for the effort put out can be achieved. 11. In the last six months Heritage has increased efforts to make the Public Access Channel and the CPC more successful. The new Commu- nity Programming Director and staff for Heritage has worked cooperatively to increase outreach efforts, publicity and program- ming for Public Access channel 26. 12. The cablecasting guidelines for local community programming and Channel 26 were revised and updated. A copy can be located at the City Clerk's office or from the BTS, filed under the title "Commu- nity Programming Guidelines for Public Access Channel 26." 13. Heritage agreed to work cooperatively with the BTC or its represen- tatives in establishing policies for and selecting archival tapes. The ICPL now houses over 35 locally produced programs for checkout and posterity (which Heritage/Hawkeye has paid for). This agree- ment was made in an effort to systemize that effort and save worth- while and important visual community works. .2D 14. Representatives from all the local access channels are meeting to develop the concept of a cooperative guide to local programming in Iowa City. This guide would highlight all the local programs produced in Iowa Cfty every week. This action was necessary after extensive efforts to interest the Press Citizen and Daily Iowan in including local program listings in their TV Guide sections failed. (IV. Service 15. There has been much discussion about the wiring of City Block 81 during these meetings. Heritage has argued that the cost of gain- ing access, and building cable into Block 81 is unreasonable and prohibitive. These arguments have been relayed to Legal and the BTC will reserve making a recommendation to Council on this matter until Legal has responded. 16. The BTC and Heritage have agreed to develop a written agreement that allows the BTC or their representatives to make use of space on the billing statements sent to subscribers by Heritage. Purpose is to enable BTC to communicate directly to cable subscribers. 17. There was disagreement between Heritage and several subscribers on Burns Avenue concerning whether these subscribers should have to pay Heritage to have their cable services put underground. The BTC interceded during the Triannual Review and resolved the matter. Heritage buried the cable service at no charge to subscribers. 18. Heritage agreed to periodically (at least once each year) give subscribers information about the rates they are paying forcble related services on the billing statements. 19. On the matter of outages, Heritage agreed to place a tape machine at their Chief Engineer's home, so that in the event of outages subscribers can call' and get a message about the outage and the Company's plans for repair. 20. Following is a list of complaints made to the BTS over the last six years. Please see Exhibit D for a complete breakdown of these complaints. 1979- 1982- 1982 1985 Programming 31 46 Technical 15 93 Service 161 92 Financial 17 30 Miscellaneous 18 54 Totals 1TI, 'f55 21. Hawkeye reported a total of 4,191 service calls and complaints in 1981. Heritage reported a total of 4,969 service calls and com- plaints in 1984. For a more complete breakdown, see Exhibit D. 3 (IV. Service, cont'd) 22. Heritage does not keep a record of some of the kinds of complaints the BTS does. The BTS records complaints about easement infringe- ments, possible incidents of misleading company publicity, com- plaints about broken access equipment, dissatisfaction with programming, etc. Heritage keeps no record of such complaints. ! 23. Heritage's complaint and service log is now computerized. This j will enable the BTC to much more easily monitor the complaint ! situation. Recurring complaints, the number of complaints and the time it takes Heritage to respond to complaints will be some areas of particular interest and attention to the BTC. Previously all complaints were recorded .on index cards and had to be reviewed individually by hand. 24. There were at least 13 requests for cable service that were not fulfilled within the six month timeframe set out in the ordinance. These requests came from Plainview and Gryn drives. These citizens were supplied cable service by September, after the matter was discussed at a Triannual Review meeting. Determination of possible non-compliance on the part of the Company will be followed up at a later time. 25. Heritage is not willing to make use of addressable technology in Iowa City, stating the lack of demand, economic feasibility and poor reliability as reasons. 26. Regarding the video/access production equipment available to the public at the CPC, Heritage stated that "much of the present equip- ment will have to be replaced in 1986." Heritage went on to say that if the Company continues to provide access in 1986, they would replace the existing equipment, largely with more user-friendly 1/2 inch video equipment. BTS and BTC representatives will meet with Heritage to help determine possible new equipment purchases. Heri- tage said they will consider the purchase of a microcomputer and an automatic video playback unit, such as the City's Director XII for the CPC and Public Access Channel 26. It was suggested that such technology may greatly enhance the. efficiency of staff time and improve both the programming output and the public image of Channel 26. 27. Although Heritage admitted to attaching cable lines to trees in some instances, the City Legal staff pointed out that according to City Code, Chapter 34, it is a criminal offense to attach wires to trees on public property. Determination of possible noncompliance on this matter will be followed up at a later time. 28. Heritage stated that approximately 50% of the households they visit for technical purposes got a courtesy call before their arrival. The BTC encouraged Heritage to make courtesy calls to all homes before they arrive, to avoid problem/complaint situations -Mat have arisen in the past. M (IV. Service, cont'd) 29. Although Heritage was to supply leased access cable TV channel information to the BTC, it was never supplied. 30. Heritage stated that they have no plans to make use of any home security or other "state-of-the-art" technology via cable TV in Iowa City. (IV. Technical 31. The need for a performance test on the technical status of the cable system in Iowa City has been deferred until several BTC representatives have adequate time to survey Heritage's computerized service and complaint tog. T Financial 32. The "value of the franchises" as reported by Heritage of its five Cablevision Associates VII systems, is over $12 million. Iowa City is by far the largest of those five cable systems. This fact could be of importance if the City ever decides to purchase the cable system, given what is stated in the 1984 Cable Act concerning municipal buybacks. 33. Heritage representatives agreed that to the best of their knowledge the cost of supporting a non-profit organization (NPO) to manage and operate access in Iowa City can be a tax write-off or deduction for Heritage. 34. Iowa City cable TV subscriber counts are stabilizing. This means the franchise fee will also stabilize, unless more innovative uses of cable TV are sought and applied. 35. For the first time since the letting of the franchise, Heritage is projecting advertising revenue. Starting in July, 1986, Heritage is projecting $3,000 per month in ad revenue. 36. The pro forma statements provided by Heritage in September 1984 are still approximately accurate according to Blough. The projected prices for basic service from this pro forma are: 1985 -•59.30; 1986 - $9.77; 1987 - $10.25; 1988 - $10.77; 1989 - $11.30; 1990 -$11.87. The rates for the pay channels are projected to go up approximately 50 to 60 cents every two years. Please see Exhibit E for the complete pro forma statements provided by Heritage. 37. According to Heritage, they awn 3% of Cablevision Associates VII and act as the managing partner for this limited partnership. Iowa City is one of five cable systems in this partnership. There are approximately 200 stockholders in Cablevision Associates VII. 38. Heritage commercial rates are approximately $100 per hour. The rates for classified ads on Channel 5 are $2 per day with a three day minimum or $12.50 per week for personal ads and $30 per week and $100 per month for business ads. 91 0:2 U 39. Graves of Heritage refused to supply any financial information concerning any funds transfers between systems owned and operated by CableVision Associates VII. 40. Heritage states they can and will supply financial data on the Iowa City cable system, although it will be grouped with information on University Heights and Coralville. (IV. Financial) 41. Heritage's accounting firm uses, in effect, self auditing informa- tion supplied by Heritage. That is, their accounting firm Peat, Marwick does no field work or on site audits. 42. Heritage of Iowa City pays to their parent company Heritage of Des Moines, management fees, and possibly debt placement and acquisi- tion fees. This structure and payment of fees is very similar to that of ATC (the previous franchisee)., 43. There could be no determination from the information Heritage was willing to supply, as to whether revenues generated by one cable system in the CableVision Associates VII partnership is used by another cable system in that partnership. 9 120 Rt Ve FUTURE COIISIDERRTIOnS LIST The following items were discussed by the BTC but no conclusions or recommendations were reached. These items make up in part the future agenda items for the BTC to consider. 1. The impact of the 1984 Cable Act on the Iowa City cable ordinance (Legislative Subcommittee and City Legal staff). 2. The Iowa City access "master plan" (Access/NPO *subcommittee, BTS, Heritage). 3. Leased access cable channel rates and policies of Heritage (to be provided by Heritage). 4. BTC input into policies regarding archiving local access programs in the ICPL (Access/NPO subcommittee, BTS, Heritage). 5. The wiring of City Block 81. That is, the BTC will be considering a recommendation regarding whether or'not the cable company should be required to wire this block (Legal, BTS, BTC). 6. The development of the possible applications of the existing Insti- tutional Network (INET), or reverse subscriber network, for City and institutional purposes. Heritage is to supply beginning capi- tal and operating cost data (State -of -the -Art Subcommittee, BTS, Heritage). 7. The development of interactive uses of the cable system, including information systems over cable, water meter monitoring, energy management monitoring, water station monitoring, burglar and fire alarm systems over cable, shopping and banking from home, etc. (State -of -the -Art Subcommittee, BTS). 8. The determination of a need for a performance test of the cable system in Iowa City (Service/Technical Subcommittee, Hess, Intern, State -of -the -Art Subcommittee). 9. The scope of involvement of the BTC in telecommunications areas generally, outside of the subscriber cable TV system (BTC). 10. Universal hook-up for everyone in Iowa City. This refers to a free or very low cost basic service, and higher costing tiered services (State -of-the-Art Subcommittee). 11. Whether a financial appraisal of the cable system is necessary, in the event the City becomes interested in purchasing the system, or at the 36 month mark prior to refranchising (State -of -the -Art Subcommittee) . 12. Finalization of the agreement for the BTC's use of space on Heri- tage's billing statements. 13. Financial information from Heritage concerning the Iowa City cable system. 10 oZ 0 (V. Future Considerations List, cont'd) 14. Determination of any noncompliance with respect to providing cable service to Plaenview and Gryn Drive areas. 15. Determination of any noncompliance with respect to attaching wires to trees or public property. VI. BIT The list of agreements contained herein, deliberated and determined between the BTC and Heritage, is especially impressive at this time. The 1984 Cable Act has thrown major confusion and ambiguity into the City's responsibilities and regulatory authority regarding cable TV. In addition, lawsuits abound from coast to coast between cities and cable companies, challenging many of the 1984 Cable Act's foundations. I congratulate the BTC and the local Heritage office for their determi- nation, perseverence and endurance during these proceedings -and for the outcome. i Seldom have I witnessed the kind of City/cable company cooperation i exhibited during this cable TV Triannual Review. Mr. Slough, the local cable TV company manager, and his staff, have supplied a great deal of information for the BTC and City. Some of this information has helped considerably in determining the status, needs and possible future directions of the Broadband Telecommunications Network (BTN). f At the same time, I have witnessed in some areas a lack of cooperation j on the part of the parent company, Heritage of Des Moines. for in- stance, the parent company has refused to submit to the City some kinds f of financial information requested by the BTC and they have refused to !Ij split out other kinds of financial information pertaining to Iowa City. Heritage agreed to supply information pertaining to the INET in Iowa City and costs involved with making use of that INET for City purposes. i Today, six month later, that information has yet to arrive. `( There are other tendencies and characteristics exhibited by the parent company that are disquieting. Heritage, like most Multiple System inrators guseful(MC ty or cocates mmunity nityittle interest in appl applications of cable tTV, but or iscover- instead k imitates traditional broadcasters. These tendencies and characteristics {{{ are not uncommon among MSOs. However, especially since the home office is thatntransferring the100 miles yHeritage smaller is a it was franchise bring hoped new life and more personalized interest, information and care to the Iowa City cable system. Such a transfer, it was hoped, could lead to more innovative I City and community benefits and uses of this cable system. This has not been the case. The nature of telecommunications and cable TV is changing at a very fast what the mediace in a chis country. E ven ten eawerefor. The telephoney was to call esom one.�oTheeradio was to listen to music and news. TV was for entertainment and news. I Today, and even more tomorrow, the media are experiencing a convergence. The telephone can send data; so can cable TV, radio, broadcast TV, satellites, LPTV, SMATV, MDS, OBS and STV. V, can or will each be able to send visuals and be used for aural transmission and reception. 12 ®' IF Ir What these technologies are and what they mean to Iowa City is affected not only by local ordinance and franchise, but by federal legislation, the courts, Silicon Valley, NASA, the enterpreneurial spirit and tech- nological developments abroad. Perhaps most important in this formula of factors are the local people who can and do "make things happen," and their and your understanding of what these media mean to the commu- nity and City. For it has become clear that if cable -TV and telecommu- nications are to be understood and applied in Iowa City, it is up to us to do it - City staff, the BTC, the Council and the local cable company staff. It is no secret that information and knowledge are the most precious resources of this country today. "Information processors" - clerks, managers, secretaries, etc., account for over 70% of the workforce in the United States. The cities and communities that are thriving are those that employ all the telecommunications media available to them to facilitate that information processing. Telecommunications media includes cable TV, as well as INETs, computers and phone systems. I By fulfilling the potential of cable TV and teclecommunications much can be achieved that will benefit the City and community now and far into the future. That is what this Triannual Review is about. Cable TV is the medium most available to the City and the community. There are more subscribers to cable TV than to the Press Citizen. It is also the most economical medium available, at least certainly for visual and i data purposes, and may be for same voice applications as well. By understanding the uses and applications of this medium, how it can be interfaced with other media and then applied, I believe the City can do a lot for itself and the conmunity. At the same time, communities that understand the importance of media, telecommunications and information handling are attractive to high tech firms. While this may sound somewhat myopic, consider that the right combina- tion of media and information handling can be cost effective, save gas, i! save time, solve problems quicker, conserve energy, arrest pollution, prevent unncessary frustration and, most importantly, assist people in becoming more informed and productive. 13 c26 V VII. SUBCOMMITTEES FORMED A. ACCESS/NPO SUBCOMMITTEE. This subcooittee is composed of Flo Beth Ehninger, Susan McGuire and the BTS. The purpose of the subcom- mittee is to facilitate and promote access generally. The specific tasks before the subcommittee include: facilitating the develop- ment of a non-profit organization to operate and manage the Commu- nity Programming Center (CPC) and Public Access Channel 26 (this would include assisting in the development of performance standards and report mechanisms for such a managing entity} assisting in the creation, development and monitoring of the workshop participant and equipment report surveys; assisting with decisions regarding access equipment. replacement purchases made by Heritage to ensure quality and parity. The subcommittee is to report in writing to the BTC at least on a quarterly basis (starting July 1, 1985). 3. SERVICE/TECHNICAL SUBCOMMITTEE. This subcommittee is composed of Mr. Bill Twaler, Mr. John Hess, a City intern. Volunteering for some of this subcommittee's work are Susan McGuire and Flo Beth Ehninger. The specific tasks before the subcommittee include learning the operation of Heritage's new computerized service/complaint log system. The subcommittee will then monitor numbers of service calls, reasons for disconnection, repetitious complaints, the time it takes Heritage to respond to complaints, etc. The subcommittee will make a recommendation concerning the technical status of the cable system and the need, if any, for a performance test, based on their findings. The subcommittee is to report to the BTC in writing at least on a quarterly basis (start- ing July 1, 1985). C. LEGISLATIVE SUBCOMMITTEE. This subcommittee is composed of Nick Johnson and the BTS. The purpose of the subcommittee. is to monitor cable TV related developments in legislative and court arenas. A specific task of the subcommittee, in conjunction with Legal staff, is to determine the impact of the 1984 Cable Act on the Iowa City cable TV ordinance. The subcommittee is to report in writing as needed to the BTC. THE STATE-OF-THE-ART SUBCOMMITTEE. This subcommittee is composed of Nick Johnson and Flo Beth Ehninger. The purpose of this subcom- mittee is to study developments in the field of cable TV and recom- mend as necessary to the BTC what additions or changes in the Iowa City cable system would be advisable, possible or necessary. The subcommittee is to report to the BTC in writing on a quarterly basis (starting July 1, 1985). Their first report is contained herein as Exhibit C. E. THE JOINT COMMISSION OF OTHER GOVERNMENTAL UNITS INVOLVED WITH CABLE TV SUBCOMMITTEE. This subcommittee is composed of Mr. Bill Terry and the BTS. The purpose of the subcommittee is to facili- tate communication with surrounding cities and the University to share information, to minimize duplication of efforts, to promote joint efforts where cable TV related benefits may be realized by all concerned. The subcommittee is to report quarterly to the BTC (starting July 1, 1985). 14 tA VIII. EXHIBITS EXHIBIT A How Programming has Changed in Iowa City Since 1979. The following Exhibit A indicates the programming offered over cable TV in Iowa City in 1979, 1982, and 1985. r - 1 t EXHIBIT A Prepared by BTS 2/20/85 ANNUAL CABLE TV PR06RANRING FORUM FACT SHEET -- For your convenience, below are listed the original cable TV channel lineup as proposed by Hawkeye and ATC and a list of the channel make up as of 3/3/1982 and 2/1/85. Channel Lineup (19791 rTr gram Guide Talking Books for the Blind (audio) - 2 WMT, Cedar Rapids (CBS) 3 University Origination 4 WSNS, Chicago (IndepaMent)se 5 Local Origination/Madison Sq. 6 Autmated Tim news Weather/ NMA Forecast 7 KWL, Cedar Rapids (MBC) 8 Automated Sports Channel Lineue 13/31821 Channel Lineup ineu 21,/85 rogram uvde M (WRIE e ev s on)a 2 Same as proposed in 1979 2 KOAN (CBS) 3 National and World News 3Imeemk- itf'N AO,I R 0 1110 r 4 HBO 4 NBC (Hose Box Office) 5 Local Origination 5 Cablevision 5 6 Same as proposes in 1979 6 Weather Channel• 7 Save as proposed in1979 8 Stock and Financial Mars 9 KCRB, Cedar Rapids (ABC) 9 Same as proposed In 1979 10 Will, Chicago (Independent) . 10 Saw as proposed in 1979 Il Automated National Newt 11 BLANK 12 KIIN, Iowa City (PBS) 12 Saw as proposed in 1979 13 Home Box Office 13 Cinemax* 14 Caenmtty, Bulletin Board/ 14 WHIIF (CBS) Consumer Price Shaing Guide" 21 Christian Broadcasting 15 WOC, Olvenport (N6ccT 15 STATE NEMS 16 Public Access/cammmity 16 WOC (NBC) Bulletin Board a C86 00.T) 17 WHY. Rock Island (C11S) 11 WTOS.(Atlanta, formerly 7 KWL (NBC) 8 Financial New Home I Sportstimea 9 KCAS (ABC) 10 BON (Chicago) 11 BLANK 12 (PION (PBS) 13 Cinemax 14 WHBF (CBS) IS WT8S (Atlanta) L6 WOC (118c) 17 Spanish International Network (SIM) - 18 Government Access/lAnicipal 18 BLANk 18 BLANK Automated 19 Christian Broadcasting Network 19 WOAD (ABC) 19 CNN (Cable Mars Network)a 20 Library Access 20 Sim is proposed In 1979 20 Iowa City Public Library On 21 Noit�k(CC 21 Christian Broadcasting 21 Network an Iroedcesting SF; Des,Malm 6B3SWOAA01 (SIM. Mol inn (ABC) 22 Slo- can News 22 Sports News 22 C -Span 23 Automated Financial Newt 23 USA Network, including 23 USA Network BET. the English Channel, Calliopes 24 Color Weather Radarscope 24 Satellite Programming 24 The Oisney Channel* Netver0/110AD/Appal achi on Cananity Service Network (ACSN)a 25 Reserved - Foreign Language' 25 Weather Radar 25 Nashville Network* 26 State Newswire 26 Public Access or 26 Comity Programing Coosenity Programming 21 Educational Access/Educational 21 Sam as Proposed In 1979 27 Educational Programing Automated 28 Leased Access 28 University Channel 28 University of Iwa 29 Reserved for future applica• 29 Government Access Channel 29 Government Programming tions Municipal Automated 30 Reserved for future applica- 30 Slow4can Mat 30 iwwN�eMNd tions A// 31 Medical Channel" 31 BLANK 31 GWR 32 Resarved - Private Leese and 32 Entertainment and Sports 32 ESPN (Total Sports) Future Applications Programming Network (ESPN) - 33 Reserved as above 33 BLANK 33 BLANK 34 Reserved as above 34 Mickeidiana 34 Nickelodion/Arts 35 Reserved as above 35 Color Bars 35 The Learning Channel Add one to each channel number for cablaredy television sets aDenbtes a now service added "Denotes this service hes been dropped a'Mesotes this service is not available BUNK meant this channel is not now in use NOTE • Channel 11, because of technical quality, may not be available for usage, leaving 3 blank channels on the current 35 channel system, The following Is another way of viewing the cable programming services offered in lwa city (see listings under Channel Lineup 2/1/85 for service offered on the Channel no, balm): W MA (EXHIBIT A cont'd) ACCESS----PBS----COMMERCIAL----COMMERCIAL----SATELLITE----PAY----DATA----LOCAL CHANNELS Network Independent ORIGINATION Stations Stations 20 12 2 10 I 22 4 (None) 5 26 7 15 3 23 13 27 9 6 25 24 28 14 8 30 29 16 17 32 19 34 j Brief Synopsis 21 35 I Since 1979 there have Men 14 new channel services added and 12 dropped from the system or are - not available. The reasons My thew chime] services have been deleted include: upgrades to better or different service (such as the rather channel)• it was not A very papular service �i. (such as the teat or data services); increased Copyright fees (such as wOAO)-. It was not or could riot M rewired r enforced by -the existing ordinance or federal las (such as SCCI) or the service was traded for anther service. The community access channels have Changed considerably over the last six years. Nile then has been no cuprehenaive study of the Changes and growth in these channels' program offer - Ings, the following Chart gives same indication. The nuebrs used are approximations only, used to indicate the changes that have occurred, although in ScM cases they are relatively close to actual program hours. The numbers used reflect number of hours of video programing per month on the average for each channel: 1980 1981 1982 1983 1984 A. Library Channel 20 0 156 156 156 JIM B. Public Access Channel 26 0 40 80 I00 Be C. Educational Access Channel 27 0 5 8 IS 310 0. University Channel 28 0 0 0 15 165 E.. government Channel 29 0 10 50 200 5816 All MOWS of hours reflect video prsgrme ing and repeat showings only, uM prdgraoSing Mich Is bath locally produced and Imparted Or produced eHdnere. Wavle of this. thew kow CM M samminat misleading, i.e. a gnat deal of work may ado into character generation or data channel services which is not reflected hen, or a channel may M showing a large amount of non-latally produced material or video programstng may M repeated over, and over again. Mich p will show up as tarvolume numbers, but not reflect variety. In addition, no attempt has been made to enaiyte the content or quality of the programming indicated &have. Ilouwor, generally speaking, each access Channel has growth over the last 5 years and'lmprove its program offerings. The Library Channel 20 has continued to offer are varied and more original programming every year. The am* is true of the Government Channel 29.kA1le Channel 29 he$ had to resort to a lot of repeat programming in the past, in 1985 the Govrnmmnt j Channel will implant an automated playback aysten, enadling mon and mon varied prop ami ng to M cableoast: The Educational Channel 21 was off to a slow start but in 1984 vastly Improved its program offerings when Kirkwood College took over the management of the channel. The University Channel 28 was Also a" to a slow start and didn't programs Channel 28 until 1983. However, program offerings have been quickly and steadily upgraded since that time. The Public Access Channel 26 program offerings have fluctuated someMat, rising to a peak in number of hours cablocast in 1963. 17 ono EXHIBIT B Groups and Organizations who have used the local Access/CPC Facilities. There have been many questions raised concerning who uses access facil ities in Iowa City, and a general lack of knowledge about the breadth of reach and interest in such services. Fol lowing is only a PARTIAL LIST of some groups, organiza— tions and institutions that have made use of access, just to give some flavor for the range of entities involved to date (1980 to 1985). Their use may have consisted of going through the free workshops, producing programming, cablecasting programs they have imported, appearing on an access program or showing PSAs. There has been no attempt to list individuals who now number over 1.000 that have participated in access related endeavors. Iowa City Arts Council, Jaycees, Historic Preservation Society, Ecumenical Council, Will owind, Regina, Unbound, Meditation Society, Chamber of Commerce, CAI Lab of Weeg Computing Center, Iowa City Youth Orchestra, Special Popula— tions, Mime Theatre, United Methodist Church, Mark' Twain School, Visual Literacy Program of U. of I., Mayors Youth Employment, Grant Wood A.E.A., SE Jr. High, Journalism School of U. of I. , Synthesis Young Arts Workshop, several daycare centers, Media Arts Departmedt of U. of I., NAACP, Erma Goldman Clinic, Kiwanis, Knights of Columbus, Isaac Walton league, United Nations, MECCA, Mercy Hospital, Project Green, Pilot Club, Johnson County Health Dept.. Free Medical Clinic, Visiting Nurses Association, Iowa City Animal Shelter, Iowa Commission for the Blind. U. of I. Museum of Art, Iowa City Girls Softball, EiMX Raceway, Family Planning Cl inic, Black Genesis, Ray of Hope, Hospice Society, Asbestos Awareness Group, Janet Long School of Dance, PreuciI School of Music, Senior Center, Brownie Troop 76, Longfellow School, Islamic Society of Iowa City, Foreign Relations Policy Council, Dairy Players , Jugg 1 in Club , Voss Recovery House , State Attorney General's Offi ce, League of Women Voters, National Organization of Wonen, AARP, Pals, Wnerican Legion, MS Society, Red Cross, Iowa City Community Theatre, BTC, Civil Rights Canmission, Masons, Amnesty International, WRAC, Old Brick, Memorial Society, Food Coop, Crank Productions (bicycle enthusiasts), United Action for Youth, Lions Club, Kirkwood Community College, Iowa City Community School District, ICU TV, Student Video Producers, Johnson County Extension Service, Iowa City, Coralville and Johnson County Poi,ice departments, International Writing Program, the U. of I. Hospitals. N a ■ EXHIBIT C Date: September 3, 1985 To: Chairman and Commissioners, Broadband and Telecommunications Special- ist, Iowa City Broadband and Telecommunications Commission From: BTC Committee on State -of -the -Art (Commissioners Ehninger and John- son) "The grantee [Heritage Communications] shall upgrade its facilities, equipment and service... so that its network is as advanced as the current state of technology...will allow." --City of Iowa City, Code of Ordinances, Sec. 14-67(k) (1978) You have designated us a committee of two to look into the "state-of-the-art" of cable television, and the condition of the Iowa City system --within the terms of our franchise. We have done so, and offer you these initial thoughts. They are "initial thoughts" because, by definition, the "state-of-the-art" of anything, especially anything electronic, changes constantly. "State-of-the-art" means that which is currently possible, the latest devel- opments that have been tested and are available in the marketplace. It does not include the latest speculations of science fiction writers, but neither is it limited to the technology used by a majority of companies. If the BTC is to see to it that the Iowa City cable system "is as advanced as the current state-of-the-art. ..will allow," it will have to monitor and report regularly throughout the life of the franchise. What has cable come from, where is it now, and where is it heading? What is the "state-of-the-art"? Cable began as a way of helping TV sales persons sell sets to customers who could not otherwise get signals. At first, cable could, and needed to, carry no more than five channels maximum. When 12, and later 20 -channel systems were installed, many of the channels were unused. Over time cable technology, and available signals, have made 50 and 100 -channel systems possible. The FCC required that cable be more than, as a former FCC Chairman once put it, "just another way of hauling around the same old garbage": ergo local origination and community channels would be re- quired. Then came communication satellites, with now over 100 "networks" available to cable systems. So, one obvious aspect of the Iowa City system that is not state-of-the-art is the 35 -channel limitation. "State-of-the-art," as generally conceived and defined, would be a 100 -channel system. 19 (EXHIBIT C cont'd) Thirty years ago cable was conceived as a one-way system for delivering down 1 ine an identical entertainment programming package to all customers. This stands in stark, aging contrast to what we have accepted as standard from the bilityone that permits. todfor y,lanyeaone of 158 mi111onle with a phones tosconnectgitself to any other in a matter of seconds. Two-way cable TV is possible today, and Iowa City customers generally do not have it. As evidence that it is technologically possible, even Iowa City does have a modest form of "institutional network" -- the capacity to origi- nate and receive programming from such places as the Civic Center and old Brick. Of course, few homeowners studios. interested iigeDnsetmto ecablesystemfronheirhome But thein y might in selecting prograrming they wish to see from their homes with an upstream signal• back to the cable company's "head end." And the Senior Center illustrates another capability with economic implications for Iowa City businesses: the computer terminal that uses the cable system to access the Iowa City Library electronic "card, catalog." A terminal, similar to that which could be in a home (for example, consider the microcomputers some Iowa City homeowners already possess) permits the Senior Center user to contact the Library's computer through the cable system, and find bibliographic references to the materials desired. A two-way cable capability would enable Iowa City homeowners to have auto- matic burglar and fire alarm systems. Some have estimated the savings from such installations, if done throughout a conmunity, could amount to as much as ane -half the current homeowners' expense for insurance. Which brings us to the economics of the issue. The quote at the top of this document is, admittedly. not complete. The full i text, with the earlier-onitted language underlined, is: o The grantee shall upgrade its facilities, equipment and service as s subscribers' demands dictate so that its network is as advanced as ER Curren sae o ec no ogy and reasonable economic feasibility will allow. s The two clauses are not unrelated. That is to say, the company, clearly, is ( not required to give Iowa City a state-of-the-art system for free, or without regard to reasonable projections of use, and revenue sufficient to cover costs. It is wrong to assume that costs are the only consideration. Benefits ingnman- . g cost And if then former) outweigh the latmust also be ter.d it eemsif costs equally clearare to haveathy ate the franchise contemplates the investment will be made. 20 i (EXHIBIT C cont'd) What is the economic value to the City and the utility comapamies to be able to read electric, gas and water meters automatical ly, via rrabl e? What is it worth to the local banks and businesses to be able to effect funds transfers electronically via cable? How much would the City save getting b111s or other information to citizens without the mailing and priotfng costs? Can a value be put on the benefits of citizens voting from hone? What would it be worth to local merchants to be able to advertise a product on cable and have the viewer/custaner buy it, on the spot -- via cable? If such services were available what new businesses might start up that now do not exist? How many jobs might they provide? How much would it be worth to the University of Iowa to teach students at home an4d to allow staff and teachers to study, do research, and communicate from hone? How much do such services save all the potentially involved businesses, institutions. person- nel and citizens in gas and time as well as traffic congestion and air pollu- tion? Potential insurance savings have already been mentioned. What of intra- and inter -institutional communications via cable? Howcnuch would such communications save in time; typing costs, paper and "phone tag' frustration and costs? From this small selection of examples it seems there are potential benefits of a two-way interactive cable system to virtually all memb-ers of this con mr- nity--governmental, business, institutional, educational and the citizenry, and last, but certainly not least, the cable company. This being the case, a more integrated and comprehensive approach to strudying this matter seems warranted. In addition, our use of some outside expertise seems equally necessary. (For exampl e, the University recently used a con- sulting firm for a nearly identical purpose. The firm i -t u:sed-, Site&, is one as to which we are not prepared to make a recommendation , o -r c oronent , ore sway or the other.), "Subscribers' demands" will seldom, if ever, encompass service they've never seen and cannot imagine. It may well be up to the BTC and City Council to coordinate the parties that can benefit from such changes and t>he expertise to elaborate on the specific benefits. We believe the "demand[,` once -the benefits are enumerated, will follow --and wi th it the ec onoamic feasitil ity.- The cable industry, in general, has lacked innovation, Yet. properly cwa-- ceived, a state-of-the—art cable system for Iowa City can bring Heritage mare income, not less. But, as the franchise contemplated, the respons$ ili-ty -for identifying, assessing, and bringing those benefits to t!he people of Iowa City rests with us. 21 RM EXHIBIT D COMPLAINT 101 OSIZ;F BTS PROGRAMMING 1 - Wants WSNS. C 3 - Complaints that local channel schedule not right or tapes not on at right time. 4 - Obscenity or violence complaints on cable programming (especially HBO). 4 - Dissatisfaction with content of weather channel, slow scan, data chan- nels. 3 - University channel dissatisfaction. 3 - Wants MTV, the music channel. 1 - Wants KSHB, from Kansas City. 2 -Wants CBS cable. 8- Complimented and wants more City Council shows and local channel program- ming. 2 - Wants more programming and programming diversity on cable system. 31 call s and IeFfirs TECHNICAL 1 -"Set problems with new Zenith III TV, so that channels are one number off. 4 - FM. service problems; couldn't get it or it was bad reception. 6 - Local production equipment; not enough of it and/or not in good working order. 11 - Interference on channels such as bleeding, herringbone, etc. on channels 12, HBO, ESPN, WGN. 4 Complaints on cable outages. IS calls and leFt—ers SERVICE 3 - Wanted pedestal moved in yard and were having trouble getting company to move it. 99 - Want cable service and cannot get it. 46 - Complaints on installation; such as not on time, left holes and/or yard a mess, no identification for installation crews. 3 - Want a second converter and couldn't get it. 3 - Trouble getting a remote control converter. 4 - Drop not buried where it was supposed to be. 3 - Cable company leaves their phone off hook. 161 calls and leffe—rs 22 a0 E (EXHIBIT D cont'd) FINANCIAL 10 - Billing problems such as unjustified disconnects and getting wrong bil ling. 3 -Couldn't get converter deposit back or was very late in coming. 2 - Complained about HBO rate increase. 17 calls and etters LEGAL 17 Easement complaints. 7 - Felt were misled by cable representatives or cable public relations and/or advertising. 2 - Tenant/ landlord problems, tenant wanted cable but couldn't get it because of the landlord. 26 calls and leMe'rs MISCELLANEOUS 18 • Information/complaints - most stated complaints, wanted information and Were upset, anonymous. Total ca s e ers 251 - NOTE: The total number of complaints listed above will not add u to 251. Foch call or letter received• may deal with a number of issues/maters: A total of 251 calls means an average of one every three days, approx mately. COMPLAINT LOG OF BTS May 1982 to Wy For the second Triannual Review I have compiled a total of 255 documented. complaints/calls, Following is a breakdown of those complaints. The total numbers shown below will not add up to 255 because many calls and letters covered a variety of issues. 255 complaints is equivalent to more than one complaint every three days. PROGRAMMING 11 • Want more local programming. 10 • Want more local weather, 6 - Complained need better local channel and overall guide info, 5 • pant BET. 4 - Complained of dropping NQAD. 4 • pant CNN. 2 - Want more on cable. 2 - Complained of dropping Jewish programming: 2 - liant Telefrance. (200 - Bravo petition for annual input forum.) 23 ao I (EXHIBIT D cont'd) TECHNICAL 29 - Complaints about cable outage/no Co. response. 27 - Complaints about access equipment (being in disrepair, down, etc.). 18 - Complaints about one or more cable channel picture quality. 15 - Complaints about cable laying on garage, tacked onto trees, etc. I 4 - Complaints of need for better lighting on Council shoots. SERVICE F i' 50 - Complaints can't get cable. 16 - Complaints about Community Programming Center's (run by the cable com- pany) policies, personnel, rules, etc. 16 - Complaints about company attitude, rudeness, etc. 7 - Complaints about company installation time (not being definite). 3 - Complaints of torn up yards. FINANCIAL 13 - Complaints about rate increase. 9 - Billing problems. 4 - Complaints about $250 converter box policy. 4 - Complaints about not getting deposit check for converter box back, or taking two to three months to get it. MISCELLANEOUS 32 - General unclassifiable. 5 - Cable buried too shallow. 4 - Easement complaints. 4 - Misleading sales info or representation. 4 - Need more/better access workshops. 3. -.Cable -ready TV's not being cable -ready. 2 - Amateur radio and cable channel frequencies too close together (what was WTBS). oS—To F HERITAGE CABLEVISION SERVICE CALL AND COMPLAINT TALLIES 1981: Set trouble - 580 Replace transformer - 4 Drop repair - 1,158 Weather related - 127 System outage - 3/45 Line repair - 689 Miscellaneous - 1 588 d;TDT Total 1984: Set trouble - 455 Transformer - 80 Drop repair - 947 Miscellaneous - 3 487 4,HT Total 24 120 25 zo I 1. M EXHIBIT E 1985 COSTS FOR CABLE SERVICES IN IOWA CITY (MONTHLY RATES) Basic Service $ 9.35 Home Box Office 10.95 Cinemax: 10.45 The Disney Channel 8.95 Basic, HBO, Cinemax (includes $1.90 discount) 28.85 ii FM Service only 9.35 FM Outlet with Basic Service 2.00 Additional Outlets with channel selector 3.00 wf thout channel selector 2.00 with cordless remote channel selector 6.50 VTR outlet 3.00 Antenna Switch .75 Cordless Remote Selector 3.50 Aerial Connection 15.00 Underground Connection 25.00 Additional Outlet 7.50 VTR Connection (includes AB Switch) 17.50 FM Outlet 7.50 Remote Channel Selector 7.50 Activate Existing Outlet 3.00 Relocate Service 7.50 Trarisfer Service 7.50 Name Change Service 5.00 Antenna Switch 7.50 Add HBO/Cinemax/The Disney Channel 15.00 Parent& l.Vlewing Control Keys available upon request - $25 @. $15 refundable cleposit required on all channel selectors and decoders. $250 charge will be levied on all unreturned Items. Refunds are Issued four to six weeks after disconnection. All rates subject to 4% Iowa Sales Tax. 25 zo I 1. M ill-aa4.eava.aa�...vo. _...:.avca.aay..w.n�+ws- v..• ICM CITY COMPLEX ending r (EXHIBIT F) 1985 1986 1987 1988 1989 1990 L991 .i 1992 1993 i „ Projections Include subscribers In Coralville. Iona City, and Unlversity llaights. Colhtla+ definition: Before taxes, Interest, depreciation, and aaaort itae ion. F I L E a IVOV 5 IOAd MARIAN K, KARR MTY CLERK(11 %4 r J a of subs -basic 14935 15370 1577E 16490 16610 17017 1r410 17900 L6200 a of t4bs-11BO 9413 9687 9942 10204 10472 L0724 10,973 11282 L1583 a of subs -Cinemas 6589 Wei 6960 7143 7330 7307 7881 7897 8110 a of subs-Estra 1494 1537 1578 1819 1682 1703 1741 1790 1130 a of subs -churn 4839 4980 5111 5246 5383 5313 $641 5800 59W ending'rates for the year rates - rates -basic 9.30 9.77 10.23 10.77 11.30 11.67 12,46 13.09: 13.7 rates -HW 10.95 11.50 11.50 12.07 42.67 12,6411 12.68 13.31 1341 raps-Cintmat 10.95 11.50 11.50 12.07 12.07 L2." 12.66 13.31 L3.31 rates-Estra 2.10 2.21 2.21 2.32 2.32 2.43 2.43 2.55 2.07 rates -Install 5.25 0.25 5.51 S.51 3.79 5.79 C.08 6.06 8.00 -ar a of months 12 12 12 12 12 12 12 12 12 revenue -basic 1807131 1733294 1870403 ZO1SeW 2172031 2397967 2512919 2706397 2905290 - revenue-RBO 1218834 1288228 1354120 1424317 1497609 15rM3 L650143 1r31a79 1126117 - i revenue-Cineus 853178 900339 9478841 997162 1048326 1101357 L155100 1214415 1271290 ! revenue-Estra 37018 39139 442OZ 43317 43571 SIM 30313 52791 37539 revenue -Installation 14986 13358 16320 lb 18039 18270 19342 20802 21719 I revenue -other 14000 14000 14000 14000 14000 11000 14000 14000 14000 _ revenue -advertising - ----_--�^- - _ 'm Total Revenue 3745238 3981376 4243933 4511404 4793378^5013902 7401916 3741001 4100959 >4 Increase 17.6.6 8.3% 6.4% 6.3% S. 3X 46.2%0;.a0.31X 46.0d I,., `.I System Expenses 372131 394480 414109 442590 461430 497417 523206 553705 563442 .�.. Pay/Prosrarin6 Es►onses 319863 339089 359154 360301 402676 425910 449717 476097 5033241 ! S.O.1A`Espensed 1388824 1469790 1557174 1849090 1745409 1d46160 L94143 2067401 2A1344111 - Operating EaPenses 2078818 2203339 2333437 2472182 2616514 2767651. 2922491 3093283 3270114 Cashrloae 1686840 1745031 1908498 2039222 2179062 2327►OL 2479426 2649602 2610147 - -. Cashflove Margin 44.59 44.82 45.0X 45.2% 43.48 4M.72C 45.9% 46.1% 40.42C DgrecIation/dseort i tot ton 973459 996374 1007318 1019339 1033420 '4044692Z 1039042 107297:4 10/43397 , Net Operating Zncome 693111 781464 901180 1019883 1145642 1270779 141933 157034 1744511 Capital Ra4ulreaunts 397300 130300 113000 159300 162000 146'300 141700 171000 154200 .. i „ Projections Include subscribers In Coralville. Iona City, and Unlversity llaights. Colhtla+ definition: Before taxes, Interest, depreciation, and aaaort itae ion. F I L E a IVOV 5 IOAd MARIAN K, KARR MTY CLERK(11 %4 r J (EXHIBIT G) City of Iowa C." (EXHIBIT G) MEMORANDUM Date: October 11, 1985 To: OTC Members From: Drew Shafferas Re: The 1984 Cable Act, the Triannual Review and the BTC I have spent the last two weeks with my head stuck in books about the 1984 Cable Act. The Act itself is only 28 pages long. The NLC's guidebook, which interprets the Act, is over 400 pages long. The NCTA's Guidebook is 480 pages long. I have also read summaries of the Act by three law firms. The Act is very ambiguous in some areas and there is much controversy about certain portions of this Act. However, I feel it is imperative that you all under- stand some of the Act's most basic and important foundations, especially as it pertains to the City, BTC and the Triannual Review. What follows is a very, very brief summary of some of the more important parts of the Act. PLEASE 00 NOT take this summary word for word, but DO KEEP this document as a reference tool and for determining what additional questions you may have about those areas that are of particular interest to you. 1. I am going to start with the most important power, leveraging tool and control mechanism provided franchising authorities by this Act, which is found in the renewal section. This section sets out clearly how cities are to respond to instances of non-compliance (complaints, problems that are not resolveD) by the cable operator IF THE CITY WISHES TO RETAIN ITS PREROGATIVES relating to the granting of a renewal of the franchise or for revocation of the franchise or shortening of the franchise should circumstances ever warrant such action. I think we can all agree that the City must be able to determine whether or not to grant a renewal or to revoke the franchise for sufficient cause. The process for retaining this prerogative is simple, yet must be followed. In the' past we have tried to handle most all of the problems and complaints informally, with varying success. We will still handle some complaints and problems informally. However, when the grantee appears to be in violation of the franchise, a formal process will be used. The cable company will be sent a form letter stating the problem and how it thus places the company in a status of non—compliance. The cable company will be given an opportunity to cure the problem. All following communication (WRITTEN communication is very important) will be systematically noted and filed. This process and method accomplishes several things. First of all, it puts the cable company on notice that the City is aware of its rights and intends to continue requiring compliance with- the existing franchise. The cable company is aware of what this means in terms of renewal. THE ONLY WAY A CITY CAN REFUSE TO RENEW A FRANCHISE for non-compliance is by documenting substantial .non-compliance with the franchise based upon a preponderance of evidence. In other words, the City must be able to prove the company has not complied with the franchise as it relates to 27 20 (EXHIBIT G cont'd) one or more of the categories stipulated in the Act. It is important that acts of non-compliance be noted in the above -prescribed manner: To not cite the company in this manner leaves open the possible claim that the City had waived its rights on the matter. Whether the city actually wishes to challenge a renewal request would be decided at the time of such request based on the cumulative information compiled as a result of the process outlined above. I am bringing this up now because the Cable Act of 1984 has effectively shifted the burden of proof. Cable companies must no longer establish themselves as meriting renewal but rather cities must document non-compliance based upon past performance in order to deny i renewal. i NOTE: Problems identified during the Triannual Review may be the subject of further investigation and possibly cited for non-compliance as outlined 1 above. The following statements are based on material I have read that may be of interest to you. I will make these statements very brief to just give' you some idea of what is covered. 2. Telephone companies cannot provide video service. 3. Cable companies can provide data services. 4. Franchising authorities cannot require specified video programming. However, a category of programming specified may be enforced (i.e, children's programming, foreign language programming, etc.). 5. The renewal process can start as early as 36 months prior to the end of the franchise and MUST start if the cable company requests that it does. This means the cable company could approach the City in 1991 for a renewal. Therefore,, Iowa City has six to nine years and two Triannual Reviews to monior performance under the current franchise agreement according to the above process. 6. Competing bids at renewal time may be solicited, BUT CAN ONLY be used as evidence of the cost and availability of services offered by the incum• bent cable company. Only after there is a preliminary non -renewal finding by the City can the City actually consider the other bids. In the case of such a finding, the City bears the burden of proving that previous violations of the franchise agreement are sufficient to justify such actions. 7. No government or cable operator can exercise editorial control over the access channels. Neither does any entity incur liability for such channels. (The exception to this is the government entity in charge of the government access channel can exercise control over the government channel, and incur liability for that channel.) 8. There are very strong provisions built into the act, specifying under what conditions the cable company can request a modification of anything offered in the franchise related to facilities or equipment promised. The standard involved is one of commercial impracticability (including forseeability) and the effect on the mix, level and quality of service offered. 28 (EXHIBIT G cont'd) 9. The City will retain rate regulation capabil ity until December 29, 1986. 10. Cross ownership of local broadcast stations and local cable companies is prohibited. Also, cross ownership of telephone companies and local cable companies is prohibited, except in rural areas where no cable company exists. 11. There are very stiff penalties for the stealing of cable signals and for using satellite signals for commercial purposes. Fines of $100 to $50,000 and imprisonment are set out. 12. Municipal ownership is allowed. 13. Under the obscenity section, lockboxes must be provided by the, cable operator by lease or sale. 14. There are many, many consumer protection and subscriber privacy clauses built into this Act. The Act allows a franchising authority to require and enforce any provisions in this area not, inconsistent with the Act. Some of the areas covered include: If built into the franchise or ordinance a city can require the provision to customers or potential customers of information on billing and services by the cable company; providing consumer complaint information; when the cable company is to answer its phones; that cable company representatives are supposed to appear when they say they will to hook up potential subscribers (or a courtesy call prior to arrival); that information on what data is being collected, how it is being used. and under what circumstances it is being disclosed MUST be given to subscribers within 180 days of hookup and at least, once a year thereafter; notification of interruption of service (when it can be foreseen). 15. All access channels are guaranteed, if written into the ordinance, by this.Act. However, the costs of running those channels (such as staff, services, etc.) cannot be required in new franchises after December 29, 1984. 16. The awarding of more than one franchise by any one franchising authority is expressly permitted. 17. A 5% franchise fee is made the legal limit of such fees. 18. Cable companies cannot be regulated as a common carrier or as a utility. 19. There are very strong EEO provisions in this Act. allowing a franchising authority to require or encourage, for instance, that the cable company conduct business with minority owned or local businesses. 20. There is a grandfather section of this Act which protects a good portion of our ordinance. However, any parts of our ordinance inconsistent with the Act are superseded by the Act. 21. Cablecasting obscene material is now a federal offense, punishable by up to $10,000 fine and/or two years imprisonment. 29 M .4 (E%HI BIT G con Vd ) Z2, ihecre is estabt Ished as a result of this Act a U -S, Telecommunications -Ira inicng Institute which is to prepare a report for Congress; the OtbpeFUpthi ngsnt , a compare FCC ison between 1987.The andpowt Is fareign ttelecomnunica9 -tdomns W01-icies. If such changes as those brought about by the L984 Cable Act seem unworkable and unsatisfactory, such as rate deregu lat ion , then �suctes laws may be changed again_ p lease &eep in mind that this i s not a 1 egai interpretation of the Cab le Act 01 1984= but rather it is a compilation of interpretations by others, all of Whom haweestablished credibility in this area. Interpretations could change as ttse FCC or the courts address specific areas of the Act or as the result of 15tl9ati'ion.. Iso cc: Dale lsell ing- Dare Wosr-n IIS. GARRY OF OME TV WIRES Access Channel - An access channel is by definition non-profit, and the air time or services available are all offered on a first come, first served, non-discriminatory basis. There are five cable TV channels in Iowa City, including Channels 20, 26, 27, 28 and 29. Annual Input Forum - This is a public forum conducted by the BTC once f each year. The purpose of this Forum is to enable citizens to com- municate their interests and desires concerning cable TV programming E to the cable company and the BTC. BTC - The BTC is the Broadband Telecommunications Commission. This r Commission is composed of five members appointed by Council. The BTC is an advisory body to Council on all matters pertaining to cable TV. BTN - Broadband Teleconmunciations Network. This Phrase refers to all of the cable TV, optical, electrical, and electronic equipment used for the purpose of transmitting electrical' impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the city. BTS- - The Broadband Telecommunications Specialist is a position created by the Iowa City Cable ordinance. The BTS works out of the City administrative offices. The BTS acts as liaison between the City and the cable company, monitors cable company compliance with the Iowa City cable TV ordinance, staffs the BTC, promotes and fa- cilitatesaccess, investigates and resolves citizen cable -related complaints and does research in the area of new communications applications for the city and community. CPC - The CPC is the Community Programming Center. The Center is lo- cated in the Iowa City Public Library. The Center houses all the access production equipment offered by Heritage, is managed by Heritage, and this is where most workshops are taught. The Center is the origination site for cable channels 5, 26 and 29. BBS - Direct Broadcast Satellite is a new and much more powerful kind of satellite that can transmit information or visuals to small home satellite dishes. Franchisee - A cable company or any other entity awarded a cable TV franchise. Franchise Fee - This is payment to the city for the use of public rights-of-way, or in essence for the right to have a cable TV fran- chise in the city limits. The franchise fee amount is a percentage of the gross revenues collected in every one year period by the cable company. The Iowa City ordinance dictates how these funds are to be spent - for the administrative and regulatory costs related to cable TV activities and to facilitate and promote the use of ac- cess. 31 M (IX. GLOSSARY cont'd) Grantee - Same as franchisee. i Head End - The central site from which the cable signals are distributed to the whole city. In Iowa City, Old Brick houses the cable com- pany's head end. ICPL - Iowa City Public Library. • Institutional Network - or INET, is a second cable system separate from the subscriber network. Iowa City has an INET connecting about a dozen governmental and conmunity buildings. An INET can be used for data transfer, voice and/or visual communication purposes. t Local Origination Channel - A local origination channel is a local channel usually managed and operated by the cable company for com- mercial purposes. In Iowa City Channel 5 is the local origination channel. i LPTV - Low power television is usually a VHF broadcast station of mini- mal range. MDS - Microwave Distribution System is a means of communication over distance, not by cable, that makes use of transmitters and dishes. NPO - This is an acronym for non-profit organization. In this report, the use of the term NPO refers to an entity which may be an alterna- tive to the current structure for access. That is, the NPO could manage and operate the CPC and Public Access Channel 26 rather than, or in conjunction with Heritage. PSA - A Public Service Announcement is a message presented by a non-profit organization with no commercial motivation. Public Access Channel - This is a cable TV channel reserved for use by any individual, organization or institution on a first come, first served, non-discriminatory basis. SMATV - Satellite Master Antenna System is most commonly used in apart- ment complexes. This is essentially a satellite dish using a closed circuit cable system to distribute the signals received to the apartments wired. STV - Subscription Television is a broadcast television signal that can only be received with a decoder. This is a fors of pay broadcast TV. UHF - Ultra high frequency television channel as distinguished from a VHF or Very High frequency channel. Generally a VHF channel is a network channel (ABC, NBC, CBS), whereas a UHF channel is a low power channel, sometimes referred to as LPTV. 32 10