HomeMy WebLinkAbout1986-07-01 OrdinanceORDINANCE NO.
ORDINANCE AMENAING SECTION 14-78(b) OF 11E
CODE OF ORDINANCES OF 11E CITY OF IOWA
CITY, I(WA, TO ADD PROVISIONS FOR 7TE
DOCLi F 'TATION OF FEQUESTS FOR CABLE SERVICE
AND FOR LIQUIDATED DAMAGES FOR TlE FAILURE
OF THE GRANTEE TO MEET DEADLINES FOR RE-
QUIRED CABLE NEIWORC EXTENSIONS.
SECTION I. RJRPOSE. The purpose of this anpnd-
meit is tom documentation of requests for
cable service and to provide for liquidated damages
for the failure of the grantee to meet deadlines for
required cable network extensions.
SECTION II. AMEtENt7dT. Section 14-78(b) of the
C e oOrdinances of the City of IoA City, Iowa,
is heresy repealed and substituted in its place is
the following new Section 14-78(b), including the
new subsections (4) and (5) thereto:
(b) Extension of network within city boundaries:
(1) Conditions of required extension: The
grantee shall at its expense extend its
broad>and telecommunications network so
as to provide full network service to
all potential subscribers in:
a. Newly annexed areas of the city
contiguous with an area served by
or required to be served by an
existing network as soon as possi-
ble but in no event later than six
(6) months after the first request
for service.
b. Newly annexed areas of the city
non-contiguous with an area served
by or required to be served by an
existing network as soon as possi-
ble but in no evert later than six
(6) months after the first request
for service 4m the annexed area
contains at least twenty (20)
potential subscribers per plant
mile including interconnecting
trunk.
c. New housing areas developed within
the city limits and contiguous with
an area served by or required to be
saved by an existing network as
soon as possible but in ro event
later than six (6) rmnths after the
first request for service.
d. New housing areas developed within
the city limits and non-contiguous
with an area served by or required
to be served by an existing network
as soon as possible but in no event
later than six (6) months after the
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Ordinance No. _
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first request for service when the
annexed area contains at least
twenty (20) potential subscribers
per plant mile including inter-
connecting trunk.
e. Any resident ddelling within the
city limits and within two hundred
(200) feet of an existing network
as soon as possible but in no event
later than thirty (30) days after
the first request for service.
(2) Extension policy: The grantee shall
file with the city clerk two (2) copies
of its extension policy for potential
subscribers dwelling beyond two hundred
(200) feet fron the nearest point of
the existing network but within the
city limits. Such policy mist be
approved by the city and the grantee
shall rat make, or refuse to make any
extension except as permitted by this
approved policy.
(3) Disputes: The conission shall, upon
petition, conduct a public hearing and
make a final determination concerning
any disputes arising from the extension
of the network as stated herein.
(4) Docurentation: Upon receipt of a
"first request for service" by a poten-
tial subscriber within any of the
required extension areas listed above
in section 14-78(b)(1), the grantee
shall document such request(s) by 1)
proptly sending written acknowledge-
ment of sane to the requesting poten-
tial subscriber confirming the date of
grantee's receipt of such request and
2) by supplying monthly to the Comis-
sion a list of the nares 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 fron each said potential
subscriber.
(5) Dames: Failure of the. grantee to
meet the deadline for required eater
sion of the network as specified in
Section 14-78(b)(1) unless exapted
under the provisions of Section
14.79(f) shall result in withdrawal
from the security fund as provided in
Section 14-75(d) up to one hundred
dollars ($100.00) per day for each day
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Ordinance No.
Page 3
beyond said deadlines as caTensation
by way of liquidated damages as a
result of such failure.
SECTION III. REPEALER: All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
provision or part o is Ordinance shall be ad-
judged to be invalid or unconstitutional , such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or
i part thereof not adjudged invalid or unconstitu-
tional.
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect after its finalpassage, approval and
publication as required by law.
Passed and approved this
It was moved by and seconded by that the
Ordinance be adop e , an upon ro 1 call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
_ Dickson
_ McDonald
_ Strait
Zuber
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
MwWed A AppmW .
iy ih� WW Depe"MI
6 z n__
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ORDINANCE NO.
ORDINANCE MFSDING SECTION 14-78(b) OF TIE
CODE OF ORDINANCES OF lTE CITY OF IDA
CITY, IOWA, TO ADO PROVISIONS FOR TIE ID
DDCIFENfATION OF REgl1ESTS FOR CABLE SERVICE RA
AND FOR LIQUIDATED DAMAGES FOR TIE FAILNFf
OF TIE GRANTEE TO KET DEADLINES FOR FE-
gUIRED CABLE tE WORK EXTENSIONS.
SECTION I. PURPOSE. The purpose of this arend-
man is to provi a for docunentation of requests for
cable ser*'sere and to provide for liquidated damages
for the fa lure of the grantee to meet deadlines for
required cakle network extensions.
SECTION I , WOW. Section 14-78(b) of the
C e of r antes of a City of Iowa City, Iowa,
is hereby alai and substituted in its place is
the following Section 14-78(b), including t
new subsections 4) and (5) thereto:
(b) Extension of network within city ries:
(1) Condi ions of required extens The
grant shall at its expens extend its
broadb telecamunicati s network so
as to p vide full ne k service to
all potent 1 subscri s in:
a. Newly nexed eas of the city
contiguo w an area served by
or requir to be served by an
existing k as soon as possi-
ble but n no event later than six
(6) s aft the first request
for rvice.
b. r y annexed ar s of the city
contiguous with an area served
y or required to served by an
existing network as s as possi-
ble but in no event lat than six
(6) months after the fir request
for service when the ann area
contains at least twenty (20)
potential subscribers per p t
mile including interconnect
trunk,
c. New housing areas developed within
the city limits aid contiguous with
an area served by or required to be
served by an existing network as
soon as possible but in no event
later than six (6) months after the
first request for service.
d. Ilew housing areas developed within
the city limits and non-contiguous
with an area served b or required
to be served by an existing network
as soon as possible but in no event
later than six (6) months after the
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Ordinance No.
Page 2
first request for service when the
annexed area contains at least
Mnty (20) potential subscribers
per plant mile including inter-
connecting trunk.
e. My resident &d lling within the
city limits and within M hundred
(200) feet of an existing network
as soon as possible but in no event
late than thirty (30) days alta•
the first request for service.
(2) Extension policy: The grantee shall
file with the city clerk two (2) copies
of its extension policy for potential
subscr' s dwelling beyond two hundred
(200) eet frau the nearest point o
the ex sting network but within e
city li its. Such policy mu be
approved by the city and the antee
shall no make, or refuse to ke any
extension except as permit by this
approved 1icy.
(3) Disputes: The commiss' n shall, upon
petition, c uct a lic hearing and
make a fina de nation concerning
any disputes risi from the extension
of the network a stated herein.
(4) Docurentation: Upon receipt of a
"first reques r service" by a poten-
tial subscr ber within any of the
required tensio areas listed above
in Sect 14-78( (1), the grantee
shall anent such request(s) by 1)
p y sending wri on acknowledge-
ment f same to the r esting poten-
tia subscriber confirm the date of
gr tee's receipt of suc request and
by supplying monthly to he Carmis-
ion a list of the names addresses
of those potential subscri making
such first requests for servic during
the prior month, including in sa list
the date of grantee's receipt of uch
requests from each said potent 1
subscriber.
(5) Daaoges: Failure of the grantee to
meet the deadlines for required exten-
sion of the network as specified in
Section 14-78(b)(1) unless exempted
under the provisions of Section
14-79(f) shall result in withdrawal
from the security fund as provided in
Section 14-75(d) up to one hundred
dollars ($100.00) per day for each day
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Ordinance No. _
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beyond said deadl ines as carpensation
by way of liquidated dareges as a
result of such failure.
SECTION III. REPEPLER: All ordinances and parts
of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECTION IV. SEVERABILITY: If any section,
Provision or Par o tis rdinance shall be ad-
judged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a chole or any section, provision or
Part thereof not adjudged invalid or uncenstitu-
tional .
SECTION V. EFFECTIVE DATE: This Ordinance shall
be in effect 4fter its final passage, approval and
publication as quired b law. /
Passed and a roved this
ATTEST:
It was moved bynd seconded b
Ordinance be adopte , and upon r 11 all there were:
AYES: NAYS: ABSEN -
A brisco
Ba er
Dic on
Erdah
_ Mc Dona
_ Strait
Zuber
F rst Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
M
that the
i
CITY
OFI -OWA
CITY
I CIVIC CENTER 41C E. WASHINGTON ST. IOWAI
C )Y. IOWA 52240 (319) 356-500D
May 22, 1986
1
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Mr. William Blough, Manager
Heritage Cablevision, Inc.
Iowa City, Iowa 52248
Re; Notice of Public Hearing
Dear Mr. Blough:
You are hereby notified that a
1986, at 7;30 PM before the city ubcouncil aratgthe lCivicl behCenter, eld J410 E.
Washington Street, Iowa City, Iowa, to provide opportunity for the public
and Cablevision Associates VII, d/b/a Heritage Cablevision, Inc. to appear
and be heard regarding the proposed amendment to Section 14-78(b) of the
"Broadband Telecommunications Franchise Enabling Ordinance." (See en-
closed copy of the proposed amendment.) This is the amendment, as recom-
mended by the Broadband Telecommunications Commission
ding for
documentation of requests for cable service and for damagespforithe fail- I
ure of the grantee to meet deadlines for required cable network exten-
sions. The public and the grantee may also respond in writing regarding I ''
the proposed amendment by submitting such written responses to the City
Clerk at the above -stated address on or before June 26, 1986.
Also enclosed please find a copy of the "Notice of Public Hearing" to be
published in the Iowa City Press -Citizen on May 30, 1986.
Sincerely yours,
0 id E. Or n
ssistant C ty Attorney
tp3/3
Enc.
cc: City Clerk
Drew Shaffer
T
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FLpvr�vad
MI NUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
TRIANNUAL REVIEW HEARING
CIVIC CENTER COUNCIL CHAMBERS
JULY 16, 1985 - 10:00 A.M.
PRESENT: Terry, Ehninger, Twaler, Sigrin, Johnson
EXCUSED: None
STAFF PRESENT: Shaffer, Hess, Stewart, Brown
OTHERS PRESENT: Blough, Graves, Le Valley of Heritage; Tiffany of 1CPL;
Hindman of Kirkwood/ECC Ch. 27; Beeson of Ch. 28; Former
Commissioner Madsen; members of the public; cablecast
volunteers: Ward Grant, Dan Johnson, Anthony White
RECOMMENDATIONS TO COUNCIL:
I. That an ordinance change be effected concerning and including: the
1C�U51oir11uaLwn also inciuoes a sanction of $100,00 per -day --for every day
. tierrviionnson
2. An independent management consultant should be hired to go through the
procedures the Company uses and the Commission will then review and make
recommendations regarding the entire set of procedures. (Johnson/Sigrin)
3. The BTC reaffirms its support for the concept of the non-profit organiza-
tion (NPO) to manage the Community Programming Center and public access.
(Ehninger/Twaler)
4. The DTC supports the increase to five percent from three percent for the
franchise fee paid by Heritage to the City annually. (Ehninger/Terry)
5. The BTC recommends a change in the ordinance, to -wit: That the City
should hire an outside consultant to determine whether any rate increase
requested by the Company, above the annual five percent granted to the
Company by the Cable Act of 1984, is reasonable. Terry/Ehninger)
6. The BTC recommends that the Company be required, by means of a change in
or addition to the ordinance, to grant the BTC space on the Company's
billing statement for communication with subscribers. The Company shall
be allowed to clarify how often this space may be used and how much space
will be allowed.
MATTERS PENDING COUNCIL -COMMISSION DISPOSITION:
The five percent and NPO situation with Heritage. Finalizing the Triannual
Rev iew.
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BROADBAND TELECOftNICATIONS COMMISSION
JULY 16, 1985 - 10:00 A.M.
PAGE 2
SUMMARY 0E DISCUSSION AND FORMAL ACTION TAKEN:
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Ms. Mary Phelan and Ms. Marian Johnson described the problems they have
encountered in acquiring cable service to their homes since first requesting
service well over six months ago. Blough explained the Company's reasons why
these people do not yet have service.
A list of six (6) formal recommendations to Council were approved. (See
above)
Subcommittees of the BTC were set and their duties outlined. These include:
Service Log-Twaler, Hess and BTS intern will review the Company's service
logs and report in writing to Shaffer and BTC quarterly; State -of -the
art-Ehninger, Johnson and Company rep to monitor, research and study the Iowa
City system relative to state-of-the—art technology and report in writing to
BTC quarterly; Legislative -Shaffer and Johnson; NPO-Ehninger, Sigrin, Shaffer
and Company rep; Joint Cable Commission -Terry, Shaffer, Company rep to look
into feasibility of forming joint commission with University Heights,
Coralville, Johnson County and Iowa City. All subcommittees are to meet
regularly to review their areas of responsibility and report to the BTC in
writing.
Terry asked Brown to determine what can be done to resolve a problem with
Section 14.79(e) specifically relating to replacing the words 'dwelling
unit,' with 'potential subscriber.' The Company objects to this change
without a corresponding change in the formula for sharing cost of providing
service to commercial establishments.
Terry asked Blough to prepare by August 1 a procedure for dealing with
subscriber notification in the event of outages.
The Burns Avenue cable was strung aerially although it should have been laid
underground. The Company will lay the cable underground at no charge to the
customers, although Blough thinks the Company should be able to charge for
this change. Blough asked that the section of the ordinance in question be
considered for possible amendment.
Terry asked Blough to supply the BTC by August 1 with a service call tally
for 1982 to 1985, including: all complaints, drops, service callsetc.,
made for the entire period. The tally should also include a breakdown,o
miscellaneous category. f the
Terry asked Blough to supply the BTC by August 1, 1985, a complete breakdown
of the costs to get cable service to City Block 81 and some method of cost
analysis, such as return on investment, based on potential subscribers over
the life of the franchise.
At Terry's request, Graves agreed to supply a set of standardized policies
and rates from Heritage on leased access for the Iowa City system by August
1, 1985. Graves also said that if Black Entertainment Television (BET) was
promised at a previous Triannual Review meeting, Heritage would provide it.
OW
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BROADBAND TELECOMMUNICATIONS COMMISSION
JULY 16, 1985 - 10:00 A.M.
PAGE 3
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Following review of the service tally provided by the Company, a recommenda-
tion will be made s+hether it is necessary to hire an outside consultant to
conduct a performance test of the system. Th 1s matter will be reviewed by
the state-of-the-art subcommittee. A determination should be made, approxi-
mately three years prior to franchise expiration, whether there is a need f°r
tI nsaforarenewal i cicordI geto the Cab1 cti0ft19841 may begin en negatia-
The Company agreed to a recommendation by Dan Daly, supported by Shaffer, to
replace some of the 3/4' equipment with 1/2' equipment, Including high
quality cameras.
Although requested to do so by the BTC. Heritage will not or cannot change
the weather channel to include more local weather information instead of
advertising.
Slough asked for a clarification regarding the Company's obligation to
provide service to a non-contiguous home in a contiguous area.
Terry asked that all recommendations be returned to the BTC by August 1
1985,
MEETING TO ORDER:
Terry called the meeting to order at 10:07 a.m.
INTRODUCTIONS AND ANNOUNCEMENTS:
Terry announced Mike Sigrin's resignation is effective July 31, 1985. Terry
explained that the format of the meeting would be divided under Programming,
Service, Fand inancial,
g to the c ble,co panysorlcable servicer in Iowac
cCity would laneous mattes. Disussion of abe
allowed.
PUBLIC DISCUSSION:
It was agreed that public input and discussion might take place throughout
the hearing. Mary Phelan, 2258 Plaenview Drive, Iowa City, spoke for herself
and her neighbors in the Plaenview, Gryn Drive area describing her efforts to
receive cable service at her residence. Ms. Phelan said she had first
P requested service in August 1984 and again that September, and was told at
r thatdme it would Pheb a couple months or perhaps in the spring. Spring
neighbor, Ms. Marian Johnson, till h were ad treceivedand a
toldthat there cwere n tMenoughlrequests
for service in the neighborhood for the company to proceed with providing
service. Ms. Phelan and Ms. Johnson, upon examining the cable franchise
agreement and polling their neighbors, discovered that in fact there were
enough requests for service in their neighborhood, and that the neighborhood
q was located next to a neighborhood which already had active cable service.
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MINUTES
BROADBAiID TELECOMMUNICATIONS COMMISSION
JULY 16, 1985 - 10:00 A.M.
PAGE 4
companroximaty toedlg three
her yard to ,scable an serviceito a request from the cable
Ms. Ph
Permission and the cable was laid to the other dwelling,��but he ldidgnot
MsCeive Phelanrvice said,hsheelf hasand be netold byard stheill in cable Grapy that
Since that time,
Coralville Excavating to have her yard repaired.
Pany that she should call
Terry reiterated the two points Ms. Phelan had Outlined; that she still does
not have cable service nearly one full year since her first request for
service and that she was told that it was up to her to call Coralville
receivedna Postcard from to have her thedcablea company documentinrin g herffirst request fohad
service.
mately20 f miliesdinhaPhelan
have asked for h l
forableservice, bof the ut none
have yet received it. Blough said the underground plant in that area is
mostly done and most of the individual underground services are finished,
included is e
goinginto the neighborhood of Plaenview a dpCaeindone now. Blousaid the 'Drive and thatlt985
he
nearest active service is just north of Plaenview on Aber Drive.
it had been necessary to extend the plant one and one-half miles, or 1600 Blough said
feet to reach Plaenview Drive,
Ms, Marian Johnson, 1644 Gryn Drive, reported that she had moved to her
present address in June of 1984 and was told when she requested service at
that time that there would be no service to that area until fall of 1984.
When she did not receive service in the fall, she called the cable company
and was told that there was some problem with not enough equipment available.
Johnson
not
her first request tfor service but was told ineived nJunen9 984 hatihin erdname ewould
be placed on a list.
Blough said the area in discussion is really not contiguous. Brown said
complaints can be brought to the Commission by petition and that it is in
such a format that these types of factual determinations can be made as to
whether or not this is a contiguous or non-contiguous area. Sigrin asked
Blough why he had not sent postcards to individuals who had requested service
as he had agreed to do. Blough said he had misunderstood the agreement but
that in the future he would be happy to do so.
areae anddcontiguousoareastreceivingiservicemnonlatertthan sixomonthsoafter
the first
desiringlcableMs. Johnon
services
in
her neighborhood in October 1984 and many more people had moved into the area
since then, Terry asked Blough whether Ms. Johnson's residence is within 200
feet of existing service. Blough said the serviceruns in front of the
houses on Aber which is one block north of Ms. Johnson's residence. Blough
said the projected date for service to the area is now no later than August
1, 1985. Blough said the takeover by Heritage intervened in plans to provide
service to the area last fall. Graves said he understood the frustration of
,'42,
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BROADBAND TELECOKMUNICATIONS COMMISSION
JULY 16, 1985 - 10:00 A.M.
PAGE 5
the area residents and if this was the fault of the company they would see to
it that it doesn't happen again. Graves also said that the individual should
not have to call Coralville Excavating to have their lawn repaired, since
that company is a subcontractor of Heritage. Contact with the subcontractor
is the responsibility of the company.
Terry said the interoffice communication with Heritage is poor. Graves said
this is also frustrating for the company and is bad public relations for a
new company in the community. Johnson noted that problems have been the
order of the day for the entire time he has been on the Commission and the
aob is nd letntheot gettincompanydmanage ornson wouldste Comnissionwhether ehavemission would sit back
active input and tell
the company what to do.
Brown said it is already built into the franchise whereby certain types of
problems can be corrected. This would be done by use of the security fund.
Following three days notice from the City Manager's office to the company, an
expenditure could be made at the expense of the company to insure that
maintainnthefthe fund in
the amounse t of $3O,000.'itA requestThe obyathelConmrequired
ssion or
the Specialist to the City Manager can activate this process.
Terry outlined a list of proposed ordinance changes suggested by members of
the Commission and Shaffer, including: response of the company to outages to
include taped telephone messages and live phone crews; extension of service
to include 'potential subscribers,' instead of 'dwelling units' as is now
written; extension of service to include sending of postcards to document
first request for service with a penalty of $100.00 per day for every day
over six months that service is not provided.
Blough apprised the Commission of a situation the company is facing right now
with a new subdivision north of the Hy -Vee at First Avenue and Rochester.
That area is contiguous by the only lot which has been developed is the last
lot on the street, and that lot 1s not currently contiguous (but the subdivi-
sion is). Blough said the utility company gets money up front to guarantee
service, but the cable company does not. Blough said he does not equate a
contiguous subdivision with one house in that subdivision. This is a real
problem for him, Blough said, because if any piece of 1t is contiguous, he
would have to go in there and build it. Terry reminded Blough that according
to the ordinance he is not required to provide service to an area until there
are at least 20 requests for service.
Terry said that at this time he would introduce a motion that the BTC send a
reconnendation to Council that an ordinance change be effected by Council
concerning and including: the method by which the company deals with
extension of service should include sending of postcards to document request
of service, with a list to the BTC monthly of those requesting service and
sanction of $100.00 per day for every day over six months that service is not
provided.
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BROADBAND TELECOMMUNICATIONS COWISSION
JULY 16, 1985 - 10;00 A.M.
PAGE 6
Graves asked if notice by the City to the company of the obligation to serve
cable started the six month time frame. Terry said it did. Graves asked if
this meant the date of request from the 20th person. Terry said yes, that
applies in non-contiguous area. In a contiguous area, it would be six months
from the date of request from the first person. Brown said that was correct.
A contiguous area is defined as one which abuts or is within 200 feet of
existing service.
Terry called for a second on the motion. Johnson seconded. Johnson stated
that all the administrative procedures and results -oriented management the
Commission has tried to implement with the company have not worked. Johnson
called for an independent management consultant to go through the procedures
the company uses and the Commission review and recommend the entire set of
procedures. Johnson said he would make this suggestion a motion. The
secretary stated there was a motion on the floor. Terry asked for confirma-
tion from legal counsel that these two things would have to be separate
motions. Brown stated the motion on the floor should be discussed and voted
on before addressing other issues.
Sigrin agreed with the need for a management consultant and noted there is
also a need for a consultant on financial matters. Sigrin said more thought
should be given to what a consultant would review, how much material is
involved, what it would cost, and a funding source for such a project before
voting on the measure. Ehninger suggested Johnson draw up something which
would outline what he feels needs to be addressed. Johnson asked to amend
the motion on the floor to include in addition to what was proposed by the
Chairman, that the BTC explore the availability or feasibility of a consult-
ant or expert who will provide professional input on the management and
financial aspects of the company and report back to the Commission for
overall review. Sigrin seconded Johnson's amendment to Terry's motion.
Brown noted that an amendment, rather than seconded, needs to be accepted by
the motion maker. Terry said he was not in favor of this amendment to this
motion and would prefer that this be a separate motion. The Chair's motion
was then approved unanimously.
Johnson restated his motion, Sigrin seconded, The motion was approved
unanimously. There was discussion of the immediacy of proceeding with
implementation of Johnson 's motion.
Former Commissioner Jen Madsen of 1315 Whiting Avenue Court, asked for a
status report relative to the proposed non-profit organization for access and
the currently nissworkpingt w with access
c consultants, City.AnitaShaffer
Stech said
and Sue Buskessito
develop the NPO request for proposal (RFP). Buske will send examples of
contracts she has had with other cities sometime next week. Overall,
negotiations with the company regarding the 5% franchise fee and the NPO
funds are still pending.
Ehninger moved and Twa ler seconded the DTC reaffirm its support for the
concept of the NPO. The motion passed unanimously,
MI NUTES
BROADBAND TELECOMMUNICATIONS COMMISSI0H
JULY 16, 1985 - 10:00 A.M.
PAGE 7
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Ehninger made and Terry seconded a motion to support the increase in the
franchise fee from three to five per cent paid by Heritage to the City. This
motion passed unanimously. Madsen asked how long the BTC anticipates it will
be before there will be some official action that means that there are funds
toatheble. Shaffer NPO the first year withthe canpannualsincrease based oo threed erCansumer2Pr�ce
Index,
Terry moved and Ehninger seconded that the BTC recommend a change in the
ordinance to -wit: that the City should hire an outside consultant to
determine whether any rate increase requested by the company, above the
proposal 5% granted to the company by the Cable Act of 1984, is reasonable.
The motion was approved unanimously by those who were present at the time of
the vote. Johnson was absent at this time.
Terry called for any additional motions or resolutions. Ehninger ' asked
whether it might be possible for a Commission member to visit the company
every three or four months to review the company's service logs. Terry said
a subcommittee made up of Twaler, Shaffer's assistant John Hess, and an
intern from the BTS office will do this and file a written report to Shaffer
and the Commission no less than every three months.
Sigr in asked whether the franchise strictly states that the company is
required to provide the state of the art in cable. The secretary noted that
Ehninger had read directly from the ordinance language to that effect, and
these words were quoted verbatim in the May 29 minutes. 5lgrin said he would
like to make a recommendation that the BTC continue to support
state-of-the-art cable called for in the franchise. Terry established a
subcommittee of Ehninger and Johnson along with a representative of the
bemsupany pliedto mthetBTC noslesshthan everand y three months. this matter. A written report should
Other subcommittees named by Terry included a Legislative subcommittee made
I; up of Shaffer and Johnson; a subcommittee on the NPO consisting of Ehninger,
[' SJgrin, Shaffer and a company representative. Terry also said he would like
to see a Joint Cable Commission subcommittee comprised of himself, Shaffer
and a company representative to look into the feasibility of forming a joint
commission with University Heights, Coralville and Johnson County to perform
I; similar functions to that of the BTC. All these subcommittees should meet
regularly and review their areas of study and report to the BTC in writing.
Terry moved and Ehninger seconded that the BTC recommend to Council to change
the ordinance, Section 14-79(e), by dropping the words 'dwelling unit,' and
replacing them with the words 'potential subscriber.' Terry said this would
clear up the question regarding providing cable service to businesses. Brown
read the definition of subscriber from the ordinance. At Graves request,
Brown reread and interpreted the section addressed and encompassed by this
motion.
Blough respectfully declined to support this idea due to potential problems
presented by a possible request for cable or FM service from the industrial
park. If this change were to go through with this wording, then Blough said
he would request that the formula for cost sharing for providing service be
changed,
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PAGE 8
Terry asked Brown to determine what can be done to resolve this problem. It
was agreed the company has a legitimate point in this issue. The motion was
withdrawn with approval of the second. Ehininger asked whether ATC had filed
a request for service. Slough said they had not.
Terry moved and Ehninger seconded that the ordinance be changed with regard
to the company's response to outages to require that the company maintain
recorded messages and live phone crews to deal with subscribers' calls.
Slough said he would like to address the logistics of this. Graves asked
what section of the ordinance covers this. Terry asked Brown whether this
would be a new section of the ordinance. Sigrin asked what the frequency of
outages 1s. Slough said on average, two per month. Blough said current
Policy is to contact local radio stations to notify the public. Blough said
if the outage is localized, the information could go on channel 5 and the
subscribers own information network could pass the information.
Terry said he would withdraw the motion with the approval of the second.
Second approved. Terry asked Slough to have a procedure worked out to handle
this by August 1, Slough said Neil Berlin and Nile McDonald have already
asked blough to do this.
Terry asked Slough to clarify the Burns Avenue underground situation. Blough
said originally the service was strung aerially and the subscribers were
charged accordingly. The company did not know that the cable should be laid
underground in that area. The company will place the cable underground and
wants to charge the subscribers $10 more in installation charges for this.
Brown made the further clarification that if utilities are laid underground,
even at their option, then cable should be buried at the company's expense.
Slough said this concerned only eight drops and it wasn't a big deal, but
that he thinks the company should be able to charge the difference. After
some discussion, Slough agreed that the company shall place the service un-
derground at no charge, but that he requested the particular section of the
ordinance be carefully looked at for possible amendment.
Terry requested Slough supply the BTC with a service call tally for the
period 1982 to 1985. Such a service call tally was supplied for the first
Triannual Review. The service call tally is a complete list of all com-
plaints, drops, service calls, etc. made for the entire period. Terry asked
Slough to try to break out the miscellaneous category of the service call
tally list (the previous service call tally had a very large miscellaneous
category). Blough was asked to supply this information by August 1, 1985.
Terry requested from Slough, as recommended in Brown's memo, a more complete
breakdown of the costs to get cable service to City Block 81 and some method
Of cost analysis, such as return on investment based on potential subscribers
over the life of the franchise. This is in an effort to reach some recommen-
dation for Council. Brown said Council could consider having the cable put
above ground, however, originally some federal funding was received and one
of the decisions made at that time was to keep all wiring underground in that
area. Slough was asked to supply the informationpertaining to City Block 81
by August 1, 1985.
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PAGE 9
Terry requested policies from Blough concerning the leased access channel on
the Iowa City cable system. Graves said Heritage has no lease access
policies or rates set at this time, but that Heritage is considering this
matter and will standardize such policies and rates for all their systems.
Graves said he would have to get this information from his superiors, but
would try to supply the leased access channel policies and rates by August 1,
1985.
Terry said he thought Blough as much as verbally guaranteed Black Entertain-
ment Television (BET) would be brought to the Iowa City system. Heritage is
now saying they will not bring BET to Iowa City. Graves said that the City
has no control over programming except the access channels and that he wasn't
sure there was enough demand in Iowa City for BET. It was made clear there
had been several requests for BET. Graves said that if BET was promised in a
previous Triannual Review meeting, it would be provided.
Terry moved that a recamnendation be made to Council to change the ordinance
or add to the ordinance a clause requiring the company to grant to the BTC
space on the company's billing statement for communication with subscribers.
The company will be allowed to clarify how often this space may be used and
how much space will, be allowed. Graves said there would be no carte blanc
but the company would work with the BTC on the matter._ Blough said the
company would need to know 60 to 90 days in advance what the message would
be. Sigrin, Ehninger and Terry voted aye. Twaler voted no. Terry asked
p Commissioners whether they felt there is a need for a performance test of the
system by an outside organization or consultant. Shaffer said at this time
in terms of technical performance this was probably not necessary, although
he would reserve final judgement until he sees Heritage's service tally.
{ lwaler suggested that a determination should be made as to the extent of the
f performance check before hiring a consultant. Sigrin recommended placing
€B this matter in the hands of the state-of-the-art subcommittee. The Commis -
Sion agreed to do this.
Terry asked the Commission whether there was a need for a financial appraisal
of the system. Sigrin said again this should be left to the appropriate
subcommittee. Shaffer said it should be done approximately three years prior
to franchise expiration, when negotiations for renewal, according to the 1984
Cable Act, may start.
Dan Daly of 427 S. Van Buren Street, spoke in favor of the Community Program-
ming Center acquiring one-half inch video production and editing equipment to
replace some of the three-fourths inch equipment now in use. Graves and
E Blough both gave a resounding yes to this suggestion. Shaffer said he agreed
as long as better quality cameras than those normally supplied with 1/2'
equipment are what is to be supplied. The Company agreed.
Terry asked Blough if the crawl on the bottom of the weather channel could be
speeded up. Blough said it could not; the speed of the crawl is controlled
by Atlanta. Although requested to do so by the BTC, Heritage will not or
cannot change the weather channel to intlude more local weather. Al so,
Heritage will not change the crawl on the weather channel to include more
local weather rather than the current advertising.
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BROADBAND TELECOMMUNICATIONS COMMISSION
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PAGE 10
Winger asked whether the Triannual Review would include the basic rate
projections of Heritage. Shaffer said yes. Terry noted that the company can
also ask for changes in the ordinance during the Trfennual Review. Slough
said he would like to see a clarification as to servicing a non-contiguous
house in a contiguous development.
Terry asked that all reconnendat ions be returned to the BTC by August It
1985.
ADJOURNMENT:
Moved by Twaler, seconded by Ehninger, the meeting adjourn at 12:15 p.m.
Motion approved.
Respectfully submitted,
i
'Wm. or Shaffer
Broadband TEleconnu stations Specialist
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MINUTES
BROADBAND TELECOMMUNICATIONS COMMISSION
TUESDAY NOVEMBER 17, 1985 - 8:00 A,M,
CIVIC CENTER COUNCIL CHAMBERS
PRESENT: Terry, Ehninger, Twaler, McGuire
ABSENT: Johnson
EXCUSED: Johnson
STAFF PRESENT: Shaffer, Hess, Hel ling, Brown
OTHERS PRESENT: Blough, LeValley, Scott of Heritage, Tiffany from Library,
Beeson from University
RECOMMENDATIONS TO COUNCIL:
The BTC accepted and recommended two ordinance amendments to Council. These I
n en oncern reauar ne er _a e
- -.. ... -11� 11 i,nnua i review Repocne
MATTERS PENDING COUNCIL -COMMISSION DISPOSITION:
Triannual Review Report, 5% franchise fee/NPO contractual issues with Heri-
tage.
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
The BTC approved three sets of minutes from the three October meetings of the -
BTC - Melling reported that the City Attorney was ready to meet with the City
Manager on the matter of the 5% franchise fee and the NPO: The BTC requested
a representative be present at any subsequent meetings on this subject. The
BTC approved the Triannual Report als submitted by Shaffer. Concerning the
cabling of City Block 81, Blough was requested by the BTC to give them a
written account of all the options Heritage has pursued to get that block
wired, and what options still exist. Heritage proposed several cable ordi-
nance amendments, which the BTC did not take any action on, but proposed that
Heritage refine the language of those amendments and submit them directly to
Council. Shaffer reported on progress made on the Performance Standards for
Channel 26 and the Community Programming Center (CPC). Shaffer said he will
have ten interns from the University of Iowa next semester, and will be
attempting to provide more coverage of City events and activities. The
County Board of Supervisors has expressed interest in having Shaffer speak to
them about how cable could be used in the new County Building. Heritage
stated they are selling decoders for satellite dishes now and will be selling
satellite dishes in the future. In addition, he said, Heritage will be
testing the cable service Bravo in the near future. If Bravo appears to be a
viable service from these tests, it will be added to the Iowa City lineup.
oavo ishle BTC a
an arts channel, and would be sold as a pay service for $4.95 per
PP we Cw mnr,.dr, ;.n the Community Programming Guide-
lines for Public Access Channel 26 and the CPC.
Mat .
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BROADBAND TELECOMMUNICATIONS COMMISSION
NOVEMBER 17, 1985
PAGE 2
MEETING CALLED TO ORDER:
Meeting called to order at 8:08 a.m.
ANNOUNCEMENTS:
There will be no December BTC meeting. Terry was asked to speak on Speaker's
Corner program on Channel 26 and he accepted to speak on issues relevant to
the BTC. Specifically, Terry spoke on the unwillingness of the Press -Citizen
to list the programs of the five local access channels in their TV Guide
section. Speaker's Corner is a show which anyone in the community can appear
and speak for five minutes on Tuesday evenings at 6:30. Terry requested that
each Commissioner appear on the program sometime in the next year to speak on
BTC related matters. Terry complimented LeValley and Scott for the work he
has done at the CPC. A letter was received from Tiffany also complimenting
LeValtey and CPC staff.
APPROVE MINUTES:
BTC minutes of October 14 Triannual Review meeting, October 22 regular meet-
ing and October 28, 1985, Triannual Review meeting were approved unanimously.
PUBLIC DISCUSSION INCLUDING ANY UPDATES FROM ACCESS CHANNELS/SUPPORT GROUPS:
Tiffany reported on new show from Library. Beeson reported on Channel 28.
McGuire reported Access Iowa City is working hard on organizing the National
Federation of Local Cable Programmers (NFLCP) regional cable TV conference,
which is to be held here in Iowa City next spring.
UPDATE ON NP3/5% FRANCHISE FEE MATTER FROM NEAL BERLIN/CITY ADMINISTRATION:
Helling reported the new City Attorney had been spending time catching up on
this matter. The City Attorney is now caught up on the matter and will be
meeting with the City Manager and a few City staff. Helling stated that the
City Manager will then be reporting to the BTC and the Council on recommenda-
tions. Terry requested that he or someone from the BTC be present on subse-
quent meetings on this topic, and that this matter be dealt with by a
committee including a BTC representative. Ehninger reiterated that her
feelings that action be taken on this matter, and that both the 5% franchise
fee an the NPO be pursued. Helling stated that there should be progress to
report at the BTC 's January meeting.
DISCUSSION AND POSSIBLE APPROVAL CONCERNING TRIANNUAL REVIEW REPORT I1:
Terry and Ehninger commended Shaffer for his work on the Report. Ehninger
requested that future Triannual Reviews be conclude in a shorter timeframe.
Terry requested that three things be included in the Report: he wants the
City Administration and Council thanked for their support for the work they
have done and allowing them the latitude the BTC has in the budget process;
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BROADBAND TELECOMMUNICATIONS COMMISSION
NOVEMBER 17, 1985
PAGE 3
W,
he wants to see the City work towards a City wide communications system,
making use of the cable system; he wants to ensure that the BTS and his staff
are sufficiently challenged and interested to be kept in Iowa City. Terry
made this a motion to be included in the Report, and this was unanimously
approved. Ehninger moved to accept the Triannual Review Report, seconded by
Terry. Unanimously approved.
CITY BLOCK 81 DISCUSSION:
Brown stated that it was his opinion that based upon the information received
to date from Heritage, that they have created a 'worst case' scenario in
terms of what they have presented for costs and return on investment for the
wiring of this block. Brown stated he would recommend Heritage present in
written form td the BTC all the other options to wiring this block that
Heritage has pursued, all that are available (such as aerial) and other than
worst case scenarios as far as return on investment. Blough stated that the
utilities have said there is no room for a cable feed in their existing
conduit feeding this block. Mr. Duffy and Mr. Forbes were Mr. Blough's
contacts with the utility company. No knowledgeable contact was made with
the telephone company. Blough agreed.
DISCUSSION/ACTION ON PROPOSED AMENDMENTS TO CABLE FRANCHISE:
Brown presented draft language from Legal, at the BTC's request, for proposed
amendments to the cable ordinance. The amendments set out how the cable
company is to document any potential subscriber's request for cable service
and a penalty for those not served within the timeframes set out in the
ordinance. These amendments will be detailed in the Triannual Review Report
and presented to Council in that Report. Blough discussed the difficulties
he has in reaching some areas where a developer builds a dwelling unit at the
farthest point away from the cable system first to attract buyers. Terry
moved and Ehninger seconded that the proposed language drawn up by Legal be
accepted and recommended to Council. Unanimously approved.
Blough of Heritage proposed ordinance amendments as well. As part of the
Triannual Review, the franchisee, Heritage, is allowed to submit such pro-
posed amendments. Terry moved and Ehninger seconded that these amendments be
accepted and recommended to Council. These amendments included requiring
developers to give Heritage deposit money before the cable line is extended t
their subdivisions and that commercial subscribers requesting the cable
service may be required to incur all costs associated with installation
beyond 300 feet of the cable network. Terry withdrew his motion, upon advice
from Legal and agreement from the BTC that there were substantial wording
changes necessary in the proposed amendments. In addition there are ques-
tions raised in these amendments, as to whether the City can require develop-
ers to give deposit money to the cable company and whether requiring a
different cost formula for wiring commercial subscribers than for ordinary
dwelling units would be a constitutional infringement. The BTC recommended
to Blough that his legal staff work on the wording of these amendments and
propose them directly to Council.
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BROADBAND TELECOMMUNICATIONS COMMISSION
NOVEMBER 17, 1985
PAGE 4
PROPOSED CHANGES IN COMMUNITY PROGRAMMING GUIDELINES:
-I
Two amendments to the Cormunity Programming Guidelines were proposed. One
amendment involved the requirement of a Refresher Workshop to be taught by
Heritage to those who cannot pass all of the test outs that are given at the
time of check-out of the access equipment. The other amendment involved
allowing the CPC the same holidays as those given City employees. Shaffer
noted that the BTC should only rule here on whether the CPC could be closed
on these holidays - not whether Heritage should give these days as holidays
to their employees. This is an attempt to prevent burn -out on the part of
CPC employees.
Currently, the CPC staff has to make up all holiday time (there are no holi-
days seconded tharantedt
in theseefranchise amendments ber this accepted staff).
with.Terry moved and Shaffer's additions, Ehnine
Amend - r
ments approved with McGuire dissenting.
BTC REPORT:
Shaffer had n
meeting withLeValli
eyto develop nt calls nPerformance the last oStandards �for the hCPC eand aPublic
Access Channel 26. The Equipment Surveys and Workshop Surveys are completed
and lmpementd
he
Library willibel
movedetobthePCivicfCenter, fory CC staf. The Cityeasier accessoandocheck-outtto
Committee departments,
eeto indicas
indicate keShaffer t
possibleusesiof cable te a oinothis building. Building
reported his office will have ten interns this coming semester. He said this
great response is the result of the intern financial incentive program and
advertising on Channel 26, 28 and 29. Terry inquired if it would be possible
to tested in
having their meetings e a memo tor events taped, wo boards and ithithe noons to te that will ee who
he innot be able
to promise any videotaping, but decisions will be made on the basis of re-
source availability and potential public appeal. Shaffer reported that the
County Board of Supervisors has expressed interest in him coming to speak to
the potential users of cable in the new County Building.
HERITAGE REPORT:
Blough reported Heritage will be test marketing Bravo to determine whether to
bring it to Iowa City in early 1986. Bravo would sell for $4.95 per month.
Bravo is an arts channel.
Blough stated Heritage is getting into the business of selling satellite
decoders for $29.95 per month. Heritage will be getting into the business of
selling and installing satellite dishes as well.
NEW BUSINESS:
Terry distributed McGuire's report on Grave's speech. The BTC received a
letter from Heritage, stating they didn't believe the security fund could be
used to replace or repair access equipment when it is not in working order.
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BROADBAND TELECOMMUNICATIONS COMMISSION
NOVEMBER 17, 1985
PAGE 5
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Brown stated the City's position is still the same - that the security fund
can be used for this purpose. Shaffer was asked to send a letter to the
County Board of Supervisors pertaining to the use of cable TV in the new
County Building.
ADJOURN:
Moved by Ehninger, seconded by Twaler, to adjourn. Adjournment at 10:00 a.m.
Respectfully submitted,
. urew—tMffer, BTS /
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