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HomeMy WebLinkAboutItem #01 - Discussion Itemu July 31, 1981 COMMUNITY NEEDS FOR CABLE TELEVISION SERVICES Dear Citizen: HOWARD V. GARY City Manager I am writing to elicit your specific views regarding the services and facilities your organization believes should be considered for the cable television system to be constructed and operated in the City of Miami. As you know, on July 23, the City Commission directed me to begin the negotiation process with the success- ful applicant and asked that I conclude this process within 45 days. At the outset, I wish to assure you that the cable license to be negotiated between the City of Miami and the successful applicant will be one which addresses fully the communications needs of all citizens, institutions, businesses, and others throughout the City. We recognize that the license to be executed this year will shape the telecommunications services available to the City into the twenty-first century, and accordingly, we believe it must be one which not only applies to our current needs but also those which we forsee during the years to come. My objective is to insure that Miami will be served by a cable system which is both constructed and continuously maintained so as to provide the full range of audio, video and digital services available through the "state-of-the-art" of cable technology. The license will impose significant obligations on the cable operator to provide for community access to the cable facilities and will include requirements obligating the cable operator to develop and implement plans for fostering the use of cable television as a communications tool for the Miami community. Thus, the license will not only require that the operator provide pro- gramming facilities, sufficient staff, and on -going training services to members of the public and citizens' groups which wish to make use of this broadband tech- nology, but also, it w.11 provide for the funding necessary to use these facilities. My purpose ir, writing to you at this time is to invite your participation in the process now underway to develop a cable license which meets the needs of Miami's citizens and institutions. Specifically, I would like to hear your particular concerns regarding the cable services and facilities which you feel should be offered by the Miami cable operator in order to address the cable communications needs of your organization. As I mentioned above, we are under a very tight t time schedule. Therefore, I would appreciate receiving your views at your earliest Of II( I OI NII ( I I 1 ,Ni4N fd_R 14(e) I'en -ipj rrl,,;, I)n)t' �1ian; Il!;rnl.; 131I3 ,0)'s-4.6G4G :-.a. *11r nc'.0 '+ y.,� w�"' _•�'?: r:,co' i (.+� - :,'�i.t..•,,.... yY ,')•rt r:T,;Ek�'r1.,.l.'^'$a +•c :riiY.r.t' Y.i.:_ _ i°-5 re:;.,._ r,,, -,: _ I, `.�;'• , y 't- ,g..�,f '".%k`{v.;;.�'::,,.•y.�;,1 IO SA IS, �. 1. log r.. eDl1ientOneeb and if possible before August 12. please send your convents to CliA Merrill of nay staff; Mr, WHIM address and phone number are, Clark Merrill — Assistant to the City Manager 3500 pan American Drive Miami, FL 33133 Telephone: 579-6888 1f you have any questions, please feel free to contact Mr. Merrill at your con- venience. In order to assist you in preparing the requested information the City will hold _ a workshop meeting to explain the process whereby your organization's cable communications requirements can be identified. This workshop will be held at _. 7:30 D.m. on Thursday. Auaust 6. 1981 in the Commission Chambers of Miami City Hall at Dinner Key, 35uu Pan American urive, Miami, rioriaa, isiss. In advance let me thank you for your participation in this important endeavor, and let me assure you that your concerns will be recognized as we proceed with the negotiation of a cable license for our City. Sincer y, Howard V. G y Ci ty Manager 27' .1' y�,F' � fY r +?Y. ➢4 - i p4 ~5 Y - t• t . - i yij}''���f§§}}��� - - -- -. tt'< s _ At'II YPAT D U9gS_ b TKE__tMenTuTtONAL_10 „f L Public Interest Programmingfnz -J a. Municipal Programming e� council meetings.".==`: s planning and zoning board meetings-- . city hall reports =f meeting schedules and information about all city governmental services . in-service training (with or without channel security) Alfor policemen and ftremen, personnel Indoctrination,';::'..:,<' -TIM supervisory training, first aid, safety and continuing education . public legal information on licenses, zoning, city ' Q ordinances, court procedure:, small claims . emergency alarm system (warning for tornadoes, floods, etc.) b. Public Information System (via libraries and their research personnel) . central research and information (for city government ~' and citizens) . programming for homes --children, adults, senior citizens . audio/visual cassette library (special request programming) c. Social Programming Via Recreation Department, Department of Community Services, and/or School System . community information center (group viewing of special programming) . educational courses for credit . adult education . crafts, "how to" sessions . legal aid, advice . cooking schools --nutrition programming . personal finances --tax help, accounting, investment guidance . automotive and home repair clinics — . employment and job opportunities programming . training and rehabilitation programming for prisoners . public transit schedules d. Health Care Programming . continuing medical education --for doctors, nurses . medical and health care informational programming such — as drug abuse, alcohol, diseases, diet, first -aid in the home 2. Digital Communications a. central records information retrieval, microfilm retrieval ' b. central purchasing, inventory control, budget encumbrance system (interconnecting all municipal facilities) c. vehicle location, monitoring of police cars, emergency vehicles. refuse trucks, public works equipment ?,t ,i 3i +?'�: .^: �,�,•.. .. _ .. .. .,:. ... err•—,.�-,,i c+gTM: 3ST.rSt ,:,e .. ,�.: .a 5� d. traffic signal synchronitation aervtce supplied to bed! County !s Continuous traffic counts fo pollution monitoring S. utility monitoring (wells, reservoirs, pumping stations & public works facilities) h. regional communications (records, information retrieval centers) 1. facsimile mail for internal communications among all municipal offices and buildings and commissioners offices 3. Two -Way Video Communications a. "hot line" emergency communications network among key departments b. on -scene TV monitoring and recording --fires, riots, floods, disasters c. surveillance of high crime areas, high accident areas and intersections d. monitoring jails (for Dade County) e. central police records retrieval and display f. daily briefing of all police & fire units (simultaneous lineups) g. traffic monitoring h. telemedicine--interconnecting health clinics, nursing homes and prisons, with teaching hospitals to obtain diagnostic services (including transmittal of actual life signs) i. interconnection of schools for classroom instruction J. public housing --ground surveillance, hallways. elevators k. community centers (expand programming potentials listed for one-way to two-way participatory sessions) --also obtain direct personal help of city officials via cable 1. facilitate city court procedures by interconnecting, judge, prosecutors and court officers with defendants and police witnesses perhaps at different locations. m. two-way (audio) street alarm boxes --for public emergencies n. regional teleconferencing o. radiological monitoring classes for police and fire personnel 4. Interconnect Public and Private Cable Systems (requires two-way digital communication) a. electricity load reduction & energy management systems b. fire, burglary and emergency alarm systems c. interactive programming related to expansion of one-way programs listed previously d. traffic signals circuit e. utility meter reading f. disaster circuit S. Interconnect with the state-wide cable network 6. Interconnect with the National Teleconference Network i,­W­4�171-1­1_1- I.. - � �'-.,'� - 11_.�­­:�I - , f, '7 ­ K - ­g �� - . , , , , , , " - � .1 I I . � , , , ,.-'�f�,,��RF���E � I p.,,��,� ill - , , , , — - I . �il Plv�� "ZI, ,� - - 1 - 4 - ­ - g L , �! , .ai , ­.Tqe 11; I ,--,.,-y,-- �-,�"�,"-',�--�i'�,!,!,'.;.-"!I�,,,i,�'-,- � � ..'I - , , .-I__,.- . - ' _.,,-�-',, �, -�.�.;�, • - _­I, � - - ,.�,�."_,,�, -I� �­_, � " .l_, "�..., .--._,,-�,.' -I ­ - i�, ., 1�­. ��... .�­. W - .� �­ --' 4 �. :1� R� .. ­ -- ,I _ ,1!*V i..I - . I..- ,,- '�:I ---­i : , I - '� ." .I I I� ' , I .' I, - i �. I ,­. � I. . , ,. ,­ 4. - .l i.I. .�, . �-.�.-;;I,*� ,7i, ,.� , ,­ - ; _.. - , ,-- -- � -,.. , , , , - I, ,- ...� - � ­ 1 .-� ­ I� I I* -I :.� t""_ i .!­ I .-1 '� , ­ -�­ � 1I : , . iidvAmiu�-lPr,�w PRNM.y- rab6ea, "` .tt -,I­ .,�o,1,jaiikit4taity AM college Interconnect for origination of e"�"4'Ol,T- ,i_ iveand videotaped Instructional program aduc ,. �i ttonal c " , r``6�1_R-6M H'. .. IW1VViti i,�1 F!.11­j0j" ' '-1 C�ba local school Interconnect providing two-way capabilities 44JV.­­��4W , I r',,i0.­,-WA­j_.;,-,,,�I-: " "�t-�..�1�11�, �1 I .i - : ,1 -I _ �1 ;! i,�;,�;i,�s �- VO7� -",,,, e, bilingual and bicultural programing ,- 1­�,. tK1i ,ft.A,ciblacaoting of adult and continuing education corses , , W­,,,,,for a wide range of topicsi.e. nutrition healthcare 'S�ViNot ! i' . -o1­- RI-Vi��,­1- `1 ,,_�_ 'li— _1 ! �l, a6Vbc !.11 I �'"3,,�.,;,-�, _j� ,o _" of eneral school information such as course _ .­;�1�'1i;,.�Ai,,,�_4.�*�ifadisseminationgI .I­ �-" -" . 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I . . nON COLS TELEVISID � a G R1_ July 7. 1881 s "ing"s remaining from presentations and rebuttals to be used by tompaniet at cdlhtinuation hearing July 14, 1981: Miami Tel e-Communi cations Americable Vision Cable Cablesystems Six Star Nielson "batting order"for use of remaining time: 1. Cablesystems 2. Six Star Nielson 3. Miami Tele-Communications 4. Ameri cable 5. Vision Cable 6 minutes #A d 1 6 minutes -A 4 minutes 14 minutes 01-C 32 minuteso/0's Continue Mr. Pilnick's services by amending existing contract. Draft agreement jr supplied by Mr. Pi 1 ni ck on his return, July 14, 1981. DIRECTIVES: Pilnick - Submit written report to commission in answer to questions posed during hearing. advise commission on various features offered by companies which are not presently technologically feasible. Knox - Investigate all law suits involving any of the 5 bidding companies (either past or present) Clerk - Advertise continuation of public hearing to take place: July 149 1981 at 2:30 p.m. T71. I 27, '"4 '�nJt K d ' h �,i4 x .�E.l.'..,J[, Y al��..,¢iLv4'�,SiP,LY" :f Y •�4�51' f /5, 1 _ ,gin... MD: DIRRCTI :. .• . . , . _',�, --; , , ., -i �,;,.!1,'��, ,, �,,: �t���,,- -,. � - , ',-P. t �..- , r_.11:i . t A•�. '.F1 _ + . t ;rub, `t L M # - i ,;y t . ih '42�,t�_' r itJ i�a9•.^. �'�.:J< - .. .. - �. - •'.'`x t�i.;a' .LR. r o '•:ii,Y't FL K., s , ni •,x.. {.r .p. yy X :fie, f a»�F ,.,? s' I �' ,. �S ., .,Fff ;�rY jj�� p ::::' �?sh R nX-' . - '! '3'n r '1�1 .�; ......Y Y . 61�Y111 �V� ��� � a ,P; _ �i' ro�ess nego tenons sobi" iM µ; ` �9. = - P lnfck: Most important phase p - �.. , to award of license ( months or less) ' ma's , " x . -`t� _i' K„i:: , ,^tISKY '� d other ei ti e�i * 1, - ; -�, * Comparison of p given to Miami an pro orals :1:.; ; - rou s at re oast of Revr Gibson• is q _., thn ( :,: ,,': `_ tr= * ti f benefits bye g p :: n'`;. �,;L, t:: _ fission for their input on crime .: `- ',-, =:t ; ' _ ; ,r, r, * Contact Miami Crime Comm:- ' ,�:':.. i - related programs " ;':zry t�:.:-0. - {t°; =V 7' * d timetable for benefits(et request of �.1..Plummer ➢f"' �!,4 t dollar value an A 4.. :;:� _ - , `;`,-. * How do rates compare nationwide? !" ' ," . A jh°"''-T ,"`''} r * What i s the minimum number of channels dedicated for City use :' -w mmi tmen FP&L `" * Get speedy co t from '„ ` - ;', I. ', '`' * Clarify nebulous parts of proposal ` ''"r'cyX;i ems in ro oral such as t; rt * Negotiate over and above the base i t p p -- - Fire and Police Programs * Hire an outside legal counsel with expertise in cable franchises (at request of Mayor Ferre) 5 - . _ +� k is "r;t- +i -� - - .. - - _ - - - • j, i ' 4 a . M +' �_ .I ,'. r -', =—­-------_-M���-��MI=a---=-�a��MMM.�--.�-----���-���==�—�-'—=� --�-- M=1--7M—.--�—=�M=�—=t�-M n0M— , z -—ILr-- —'] i'1 t, f i ,�� '�f q.Y, 1. f 5 .1 Ff i, " _ - rr r t W : .y, ,, t # G - I £ -y , tiK S_ �1�-W�,,,,,--�,- '.��I, _,1.. .;,,%1-7,1—�i-,—,.� )�Ll,,r,:- - ," ,,-.",'��"��-"; tI_-1,' ;, -,....-. "�,*���-',.'!.,.-;.:�,1-�,�% -,-�"_���"re, ".��I-,�; -1,,, . ",.k:., �..,-���tt".-'j:1-,_Ti".!- �_-:g,�,--, �-:'���,1.-t�',,""�,',tt.1�-:,Z1, , - ",,�,�,�- ,".1- �. _,.��-,,-:�-"�,,, fi tl S!! t }t� hi 5ft�,7 k1f !' 4 K ? 7' 1 1, _ + f > ra ? 1 ,1 r a r s 5 A1, 5',' iaa�-f �" t ? 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A x>: - ,»+.-..T. ...n.-�.r.e-+.e�+r+w:....s r :r: , i..'I.;..' .,.' -t',. .::.: :.., - - - - _, r' i', ' - h*+¢ •mn,.w*." ..l—r.�.»-.. .. .,.-m•..--... ,....--.:.+•. �.� T-:+i-a�'.ti+av *x..yi •:�r,N i, .. ..wr-.,cl w.a.'.•.. n . . fiat :.. ..... '�` m.,-.. s �}•--.-T.""': ` ',"M.ry*K+„S:ynu+'` .yl. i�.:. ,' ;dam. 'A.i'�r',''F,ryi:T�.`.'.''`.: -. =.:;«w ,.4..;"+t�:.re_;:`., _ pi:xaj�'»�'',•f'+l`,'�`}�'tyiv.�:.: ":iw3,pkN.,�: t;!! r�ua,...•-Y•... '�,Brr?!.i'bi3'_`., ._ ...,..'. _.:�`.`,i`6�.'.'-?:'a ,.:-�4.'.tar•1 .+:eta a . -J Q =: a A „„,,ss ., , ..sit;^" -':7`,•a 'i;_ fTu;`:.dy'* t'?SFi'rs.`7, �* Y SJ 1 i' (�y.z �! f ds . ryi tl'ti ,� t%R, '. i. n S- -x' crv'-: ' :-r�..,'" ,+,' lr .�ri�: ate. J - .Y?,- MY tom' MIAMI. OLDRIDA 1Nftft4FP1C1t MtMONANDUM %yer and Aimbers July 14* 1981 r•rLE: of the City Commission SUGACT: Cable Television Consultant's Responses Howard V. Gary (It1ERENtts: City Manager ENCLOSUREG: Pursuant to requests by the Mayor and Members of the City Commission during the Special Commission Meetings of June 26 and July 76 19810 the attached information has been submitted by Mr. Carl Pilnick regarding the below topics: A. Specific breakdown of commitments the five (5) license applicants have proposed for public agencies and community programs; B. Listing of attorneys, located outside the Greater Miami area, with expertise in communications to possibly assist in negotiating a cable television license agreement; and C. Telecommunications Management Corporation's proposal to provide consultant assistance to the City during negotiation of a license agreement with the company selected. Of course, Mr. Pilnick will be on hand during today's meeting to discuss the attached information as may be desired by the Commission. uh,tT°:.,' I'� +'��_e;, ','M.k :.�=` "'�.`%;•:•,t=y�:. is - .. -. y-';ia.F,� e:-.:1�:5.�.-Hi }N `s.=u; � •�rn.'h(s - -. W111hirr Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: • BUM M • Lbt Analei, Ci ifornl. boas (213) a 10 Duly 13, 1001 At the July 7 City Commission hearing on cable television, several of the Commissioners requested a more specific breakdown of the commitments that the five license applicants have proposed for public agencies and community programs. The attached Figures 1-5 provide the requested breakdown. It should be noted that these lists exclude any expenditures that the applicants would be making for their own facilities and staff (such as studios, programming personnel, etc.) and include only those items listed as grants or benefits to the City or to various community organizations or groups. Those items for which the applicants did not indicate a specific dollar value are listed separately in category (8). We have not attempted to quantify them at this time. As can be seen, two of the applicants, Americable and Six Star Nielson, have proposed essentially no benefits of this type. The other three, however, have proposed substantial commitments. Even if no value at all is placed upon the category (8) items, the dollar commitments, over the fifteen -year license term, for the (A) category items are as follows: Cablesystems Miami $ 8,775,000* Miami Tele-Communications 8,128,000 Vision Cable 5,450,000 , (*Based upon calculating a 5-year interest return for the $2,500,000 advance license fee.) I trust that this breakdown will assist the Commission in its deliberations. Sincerely, Cfoe-e o�i,e CARL PILNICR CP/k President Attachments ' .. .... .. .. .. ... -.• w+.�.wyn(•. Ywwwr►-vwrrft.. w•...•..,.�..Y.y ww .ems- ... ... .. ... _ - . .• .. ss�r k. •'':�' �µ,r�� {;q,"' ��:«`:.��' _.tea."�,. -. �i''�.,','',"•.::' .',"., 'rr ��{ 'jam' � ''M: ,_ g�Tn •� :.t_. S:i. - •. I g FIGURE 1 AMMECABLE OF GREATER MIAM COMMITMENTS TO PUBLIC AGENCIES AND CONWHITr (A) ITEMS WITH DOLLAR VALUE QUA¢OTIFIED BY APPLI s None (B) ITEMS WITH NO DOLLAR VALUE SPECIFIED: • Interconnection to County Operations Center and Educational Telecommunications Center • 1 Spanish local origination studio in little Havana • 1 Black local origination studio in the black community • Studio employees from the local area ESTIMATED VALUE ONE-TIME None None 3 ON1Z-'!!Ms AWOL -o s - e twwtt" for fsbiie Awass Corporation t 1260000 (Toss 11 t 175000 (Year 21 �{ 200,000 (Y*ar 2) -: - 7% iaersase each 4-151. f 4,328,000 (Years 1-161 ' • tnnd"o for Criss Match Cable -Logan i 1000000 (Years 1-5) model project • Contribution to spanish Public Television f 100,000 '30,000 r • scholarships to minority college students f • Cm.tribution to Vocational Training for the Disadvantaged f 50,000 (Years 1-5) ...:d3:.q for Cultural Arts and sihnic f 1,500,000 (total• Heritage tend Years 1-15) ToTAis (15 Years) f 50,000 f 1,078,000 (s1 rnm wm wo Donn VALVE SPSCM=e • will provide 3 mobil* commnMications, _ command control centers to Police D*pt. • will provide computer-assisted-instrnation _ software to tare Dept• for training • will provide TV transmitters for I EItO units • will provide 50 remote video cameras .fez crime survaillance • Will provide job and skills training at convenient locations throughout the city to maximise the involvement of minorities in program production • will provide Florida Memorial College with both a tM radio and television access production studio • will provide specialised programming for - specific audiences, dedicated channels to minority interests and insure the aceessi- bility of production tools to minority _ — areas of the city • Will produce programming of interest to minorities • will equip a Community Relations Auditorium • at the Miami -Dade Co'mmnity college New _ world center campus • will provide the Regional Amass Centers, { the Community viewing Centers and sites OR the 2nstitatieaal stetwork with full Later - i active capability Ka + ; '. iN .. . .. . ,•ea...T�.w....�w►a'f�'�+a��;.w..M.r..,r.......— ... ».S •. sr. .. .. j, s:;, 3" � �t„ ✓gL4�;. '�' •fit„ � . .v1 c'G'��,�.,•.t`�'. -�'. tIF , 0-1 fC.< 4 Y,p Y, i.b•a 'Ti��y QSK}}{{{}...tl;t:?t^�'�i"_t"i'•= y���yyyyyyyyy��. jjj���(� gyp+ �/� K /,rli/ �',_ �n • v'4 k � �H 'S AUiAlri i ay ,r a iripi eat dt Mass" P"s no 21iMm -I�f/fIi M-IM i 13.000,040a awe is oessiderod as to advance of fees yeao abet a lifft mdd it therefore not included Is total baleM,) a !'0AW for Public A00688 Corporation $1,300,000 a rwMjjftjr for *Mimi together• project • Funding for •Criss Match* ProSect TOTAM (13 Years) (s� rf MM ro eOls" vA • Minority television production training program • validon input terminals at numerous minority organisations • Community Production center in several predominantly minority naighborhoods • Community origination points at numerous minority organisations • Members of minority groups on every advisory board affecting local programming • Dandisometimesservices threelenguages� two • Community viewing centers in every minority community • Programming department hiring practices which will andeavor to exceed WO regairamant • System allowing tyneg�wo pre�intelyminoriihbood • A views production program originating at radio station WMA • A remote Telidon input terminal at local minority newspapers • A minority business enterprise admin- istration position to ensure minority business involvement in local P • A em" I. nt to involve local black organisations in enmity P efforts • 11 Channels dedicated in whole or part to minority Programming +,...;ray ♦r.• .. - $1,300,000 s.Ant } k•' 4 T7 NUMB Sam" $315, 000 rletra 1•!1 a '''-'' ^, (•Calculated of the aiilio• :. tier that the City glacei the S201000000 advance is an account bearing IS• interest tar S yeam at which time the lWeate teen due the City Mill approuitate $305 00000.) 1100r000 _ $306000000 Maass 1.151 $300,000 (Tears 1.13) ft $7,473,000 .V /r jT X .. •,. � -tom j FIGURE 4 SIX STAR NIELSON CABLEVISION OF NTMIIP III.._ COMMITMENTS TO PUBLIC AGENCIES AND COMMUNITY ESTMATED VALUE , ONE-TIME Ammam (A) ITEMS WITH DOLLAR VALUE QUANTIFIED BY APPLICAMS None None scoo (B) MWS WITH NO DOLLAR VALUE SPECIFIED: None III II I IIllI 11111 IF None W4 io. �►1 !�l�. NiTa D� v� t ! e Detation to City for development of institutional services i Vittial funding for Public Access corporation Establishment of Cable Training Center TOTALS (15 Years) (a) ITEMS WITH NO DOLLAR VALUE SPEC37MMS • Will encourage the Public Access Corporation to aggressively pursue minority involvement • Will purchase minority community productions for the ramify Movie Channels • Plans to involve minorities in the advisory responsible for program developwnt • Carriage of Ch. 23-NLTV (Spanish) on all tiers of service • Paid internships in cable television for all residents of Miami, including minority groups • Narrowcasting service on the subscriber network • 21 Viewing Canters in minority communities • Employment practices exceeding state and federal requirements ONSiLin A l00 r bttb o loor000 $ 380,000 (Year 1) 150r000 (Years 2-15) 514500000 WO .fr'/1pufA�')www.•. ww ...f...�•_ �•... ... .. ...I•'e, •.. -r• ... - .. V A,hA i+;�•i.e', vas i reyf: 4°i` .:ff _ _ $ Y,i'�tt , L 5 1 C G i" 'r. , rr- `a _'...t... `n - .��- ' Y` n�. a 45, �X � iV t� t' jl� „k)>r.. :4ry }•'t""r.�: 1::� :.: ir�;j 'fi:�-Yx`.. r. �,v ..�*.-.- � �5.:-rA�rS: :'"i = _ x..! .. {- , err'' ':�• �— ,cF: r" } r Syq t _ ' � : �.,- a 'i- • .r✓-•.,.. ^,,,..�-,.� .r w n P./ - S k,�la,• =-:,fig:: -': Yr - .i» _ x.r�. °±.?j,L,, ,;„�;,',. ,.- •.. ,, ,,: -' � . ��- .g; :•»ram c,, . - - - .iL; .- ,e. F - .,. ';<r r,,'r°�� ',.�':'. ,+ �� = r,•�' =ice .. ' `�".:?< - ���' - y�2- .rti{TM -.�.. :A?" 3t . gYr:r :-..�{., ..«�+ ,%'t':• ^=-: ;. .t .r.. LF�_{ ^-r t }''*.'&'s �Yi`• "4 s+'4•ti .5�'}"�at .`a> ,d. e+4'�;,r ',fie - - '�:k£ ria ,t•at -L��, _ t 'Y°;'' met' -,�#'.. - Fsx i;',�r"+_ _ • ri;- - _� t. > , `f ' 1 itL "OIVIiVIt NI-C- A"i'IONS MANA P'Ei EW-1- . c 1 1 01Nilittiri 9� bosom Lei k*NI, CMlf&"I& sai' W 013)UM116 July 130 1991 r t Mrs HoWard ♦ • V&rY City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Deer Mr. Gary: During the June 29 Commission meeting, Mayor Ferre requested that we supply the City with a list of coimaunications attorneys, located outside of the City of Miami, who might be retained to assist the City in negotiating a cable television license agreement. My first choice would be Mr. Martin E. Firestone, of the law firm of Sanford, Adams, McCullough i Beard, 1156 Fifteenth Street, N.W., Washington, D.C. 20005 [telephone (202) 223-66803. Mr. Firestone was recently retained by the City of New Orleans for the same task, and in that capacity we both parti- cipated in the franchise agreement negotiations. I can recommend Mr. Firestone unhesitatingly, as a result of this experience. A second suggestion is the firm of Cole, Raywid i Braverman, 1919 Pennsylvania Avenue, N.W., Washington, D.C. 20006 [telephone (202) 659-97503. I am acquainted with two of the firm's senior partners, Alan Raywid and John P. Cole, Jr. Both are knowledgeable in cable television matters. I am not familiar, however, with their client list and whether there might be any potential con- flict with cable industry clients. I hope that this material is of assistance. Sincerely, Gs.e �'••Lo..c CARL PILNICR President CP/k jSXt,t+rd $ re rz, {�c ::�� „ RLLC ►MMUNI ATIONS MANAO MENT CO -'' .{. 400F Wl Aire 6NW"fd tWIN W Let Arolft C611fo hle DOw C2131 SM11 ,ear "s In response to Mayor mortals request during the City Coimni.ssion's meeting of June 26, Telecomaunications Management Corp. is pleased to submit this proposal to provide consultant assistance to the City of Miami during the process of negotiating a license agreement with the company selected by the Commission as the leading contender for a cable television licenseo we believe that the tasks outlined in the attached Scope of work provide the framework for proceeding through the nego- tiation process in an orderly and expeditious way, while taking full account of the interests of the City, its agencies and other public and community institutions and organizations. Thank you for the opportunity to offer our services again to the City of Miami. Sincerelyr CARL PILNICR President _ 'Itil�!l,Rs!I•+t!'^�:4'1�rs*, e, v�� � rt.,wW.►wtw�`�M'���,�r'�'°"""w.wA�yl'b�1w, M°� ' `f?� �„r.�.r �'/.l `. r - 7 - - : �"W4 , vn_ f. M.F dt. ,•i .'�', •'fin �1 ,1 Fk "u �4 ,�+Y s.:ti(' n{V'.: `�._ {.. 11 ., ri /•fin.,'. '��H.r, .ti t. •i �"', , 3 fi .1< .,.d(,n .'�-1, s . r., ,.V.,, .:..,.. . . i:i•i �'•'Y..,; i }��'tt .:,z,�. - i'}'a i.t,. G i, *rr '��.5�.:.��u4. r:.Ca ,-.s"""���'(�-t .*t� a .+�tiht•„, -3 - ,a�aj 't '� 1 :� t "'`"t'�'�iat? r°e 4 } ..�� •Y „max bfC i�F7p�,�'' � "' ,� 1 M 't �` � _� n, t ( - ,�,+"'i4 3 .1 E,t} "3'is��.f�tt - 9 .*'�" '�'�'��� � �F� t ya%ri,F }- .; - +' .,�� ,v`v",ci- 4}>- '��. "��`'"`•f•�, ptio'_� T1• K ',fit ,.�., �$. ;;sv;:xwt�g.,>::�� 1•t: �•::;,�'':'` 'F��� Gr' VnN ,t r'iM .zFf•,`. •.r: .'C., m;.-..:,t:,r _:t.'r=,r =:ft "r%"'% ,.. ,.¢r'.`t2;t:�., 5f - ra; �'�+r - .`C _ x, ;- I'-` ,ki�sw'� "," r`, t, ' _ -� i:r ''ic'. •k+,r ��n "IN RNNN 82"rCra To "R CITY or MIMI The Consultant, Tolerommuntcat3 Provide consultant services to the ons•Management Cp the negotiation of a table. tel City of Miami in sue'• • shall the City and the a ovis'on license agreement ubet pf , contender fora applicant selected by the City between license award. the leading Work The following tasks shall be included within the scope of o -. Pre oration• of Draft- License A The Consultant shall reement agreement for the Citprepare a draft license ment shall be based on theedesi• This agree. license application, and shall incorporate applicant's all commitments and offers made b rPora p cant- It shall include specific dollar values and implementation schedules for each commit_ meat, and shall enforceabilit provide for the necessary priate Penalties, including confidencealties, to assure a high lvel of commitments in attimely fashion. will meet its y fashion. In addition to the commitments contained in ,-he license pro osal prepare a list of additionalthe itemsnto consultant negotiated. These shall include cable system features desired (including but noby limiteds City departs Computers and Comm to police, Fire and also by other uc orgaona departments), and yroUPs that have public organizations and community services. interest in future cable a I.-w •• r.�.. .. ♦ • .. ...�..+f#.�.,rn►1�w �r..��M!f•�+t�P/�•2n��•Tw•l.Mt j. ••••�r�r.n. ' •, FkR" I • � too t q w. ...w•..w ..... .•-.•�,••+�••�,1�++'•.lr�'•`�.r,r•r..�.r ww+i�•-� •ry.wr � t� rr. • Y'•r •T.} .• .. • .. R �h vn'49 �� 4 ?�' J :li��:4 •�.;rr1A ^S S� 'rr�,du r r � ��M i x •�'� I. - �,,`iv:;.a r.7 � J'�ai�'��'t r �t y'.L a .� �- .ye-f'•r-d,� .. _r,s*'...p^9 .N ,.:a• - ?S`- aA+d.' s n3�•4 ��' f7 r - ~~+5&"C7:,', 55 e ��h %� ..7•`�;a°i'.i. - ,i - y .� 't . k=�:��,'"�v��Y`14', ' �+T`�.-'}'r. �S$r& 7 z�, ,!, _ .,r<: .3 ;i„•u. 7;--Pr. ", ri ,r,. ^ �.� i,,,_ y`Kx'.`'a wy;,- _ �°<',�y`TY• '7'" Max /.Z - �J- :iS'r - y,t . » .t:-•' • ' �` ,- �ri+��' ti , fit`.^ "�.1` ����`w. �. �, � Consultant Will : a t�t�►1 3;tnms coordinate these addi� ' With theiD! a ob j establishing tbetCit�ir the ie-� r - Y policy and �f'inrities for the negotiation process. !ask P rtici2&tiOn in Ne otiations i The Consultant shall participate in all Negotiations with the license applicant, in support of the City's negotiating team, including but not limited to the City Manager, City Attorney, and any special counsel that MYbe retained, or others designated by city. _ The Consultant shall piovids all assistance requested by the City, and shall continue to Participate until a mutually satisfactory license agreement has been reached. The Consultant shall brief the City Commission, and attend relevant Commission meetings, as requested, through the date of final adoption by the City of the license agreement. III. SCiiEDULE Task 1 and Task 2 shall be completed within four weeks of authorization to proceed. Task 3 shall be completed in accordance With the negotiation schedule established by the City. I'. PERSONNEL Mr. Carl Pilnick, President of Telecommunications Management Corp.,*shall be the principal consultant responsible with support from other Telecommunications MtfCoorp. tasks, Personnel as required. v. COST The cost for Tasks 1, 2 and 3 shall be $7,800, on a firm, fixed Price basis, plus travel expenses at cost. The Consultant shall invoice $4,800 at the conclusion of Tasks 1 and 2, and $3,000 at the conclusion of Task 3. i� �7w.tiwr.,+w...., �':5.�.�w+.T+'%'4.tMq.�1�+�..w....w �• vs. w.....t...y w . r ....� e .. ... .- ` T 4`'..I,vR xf _ 'y" •'�' � � J 13 411h. yx�+ K _ TELECC�M.MUNIGA'i"10N;r MANAGEMENT CC��tl�. lrlimy-�6M Wilshire Boulevard - Suite M • Los Angeles, California 90048 1213) 8S34)810 July 14, 1981 Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: At the July 7 City Commission hearing on cable television, Commissioner Carollo requested information on how the Miami proposals compare with those submitted to other ma jor cities recently. I have been the consultant to the Cities of Portland and New Orleans, both of which have granted franchises in recent months. Three of the proposals to the City of Miami (Cablesystems Miami, Miami Tele-Communications and Vision) compare favorably with the successful proposals in Portland and New Orleans. For example: o System Capacity - The proposed dual cable, 400 MHZ residential network, plus the institutional network, provides more channel capacity than either the Portland or New Orleans systems. o Programming and Services - The programming and services proposed for Miami equal or exceed those that will be provided to Portland and New Orleans. o Public Rights - As noted in my accompanying letter of July 13, which tabulates the dollvalue of the additional benefits offered by CabletitMiami, Miami Tele-Communications and Vision Cable, thvalue ranges from about $5,500,000 to almost $9,000,000 over the life of the franchise. These commitments exceed those received by both Portland and New Orleans. In view of this, my opinion is that the three proposals listed above represent, on the average, a better offer to the City of Miami than other major cities have received recently. Sincerely, �f . CARL PILNICK President JMWMANDUM ry July 14, 1981 MARAn60% Random Survey Of Citiel 390 Miami Cable Applicants:­.,-i, Random Survey Results At the request of Commissioner J. L. Plummer, on July 13, 1981, this office contacted fifteen cities that are served by the five applicants (three cities for each applicant). The results of that survey are attached for information only. No criteria,was gg� made as to which cities would be calledi, CM/ah -'z i NA ;P, R�'�,. �n s"t.`: :• - '1Si+.' ... re4ri'r� `qi'i-,�. - RANDOM SURVEY OF CITIES SERVED BY MIAMI APPLICANTS _, -- fax Re4uested by Commissioner J. L. Plummer July 13, 1981 �uestions asked City Administrators Listed as References in Companies' Proposals 3 Cities from Each Company) : =- 1. Does your city receive services from company? 2. Have those services been satisfactory, i.e. any complaints or problems between the city and the company? 3. How long have they been serving your city and how many subscribers are served? 4. Have they fulfilled all of their commitments to the city within a: the time promised? Cities Contacted Americable Dade County, Florida Lancaster, Ohio Circleville, Ohio Ca bl esystems Syracuse, New York S.W. Suburb of Minneapolis, Minnesota Fountain Valley, California Six Star Nielson Los Angeles, California Kansas City, Kansas Brighton, Michigan Miami TTe- e-Communications Homewood, Alabama Sunnyvale, California Daytona Beach, Florida Vision Cable Fort Lee, New Jersey j Morehead City, North Carolina i Clearwater, Florida Page 1 410 YWI �yt iY i v. � ; ;r `��, .I •#�Fz�'"�„-k�. .a. _ 'w.'4 �'i :=e „V.<h: {4'� ,�::it3 ���° �, aw.°�..-""''e'!�, :t,:, � - - '21" •�,jE`��'��.":*�!-���d=�;-A�;� :i.,',.;i`' ,�1f,,,,, '�i - �'..lf'•. ra=',;,.�, ,.;. .�. �tr v. ��� - '�, '�. ''gyp''.' ':s'*"'y'4«:%;��a. •a�'�i'�yt 2-S.. - P bade County, Florida Anthony Bello, Cable TV Coordinators (305) 579-2984 4 R 1. Company: Americable 2. No Complaints, construction timely. l- is 3. Since 19789 8,907 subscribers as of March 1981. r I 4. yes Lancaster, Ohio Kenneth Mace, Mayor (614) 653-1201 1. Company: Fairfield Cablevision-subsidiary of Vicoa-Hermanowski, President. 2. Raised rates, not as many channels as promised. 3. Since 19729 about 9,000 subscribers. 4. Yes Circleville, Ohio Atwood Jones, Direct. -Public Services (614) 477-2551 1. Company Fairfield Cable 2. Same: not advising customers on change of service no local office as promised slow in constructing newly developed area refused to bring service to Fire Station within industrial area. 3. Approx. 7 years and 1,600-1,700 subscribers-40% penetration. 4. Franchise fee dropping, city requesting explanation. t .� - � � �� i:f... ,�i ,.;�Y7*"�5,� a�Z .. A „ty�.� �• .r ds�r-2 g..T 'ty ,r! , .:: - .v9 the. a_fa,p' ✓.; k x w} ar �. �( :L u� +wx.. e y ,3 }� ���aa .. v.(Sr., x r .. ..',M. `.'Mi KHn._l`6"'..• . � 4�9`Vt'A!"•�YS 'ij_ lit-.':�:'� .�tS •�'^ ''­77 - ni . _ _ t"S✓Y SyraU Michael Morning CATV (315) 473-2763 Dob Visser, City Clerk (315) 473-3216 1. Company: Syracuse Cable System(subsidiary of company in Toronto, Canada). 2. Excellent, July 7, 1981 Public Hearing for rate increase, all speakers in favor, excellent public access channel. 3. Three (3) years, approximately 509000 to 60,000 subscribers. 4. yes S.W. Suburbs, Minneapolis, Minnesota 1. Company: Cablesystems 2. Granted franchise in March 1981--no problems. 3. Started construction 2 months ago. 4. Construction ahead of time schedule. Fountain Valley, California Mark Bernhardson, Ass't. City Mgr. (612) 927-8861 - Edina, Minnesota John Bateman, Public CATV Authority (714) 898-3311, ext. 271 Mrs. Imogene Holstein, Deputy City Clr (714) 963-8321 1. Company: Dickenson Pacific, Canadian Company 2. Complaints with installation: careless with peoples' properties. 3. Original agreement 1979, October -do not know number of subscribers. 4. yes Page 3 le , ... -. ; - __ r,.r' j - -y•d'b 'ref . - - ." 6. _ .. ;��}SLN fix,• �.�.- _ 1 • ,• 3t. r.+ai 's CIF` d V_Y { .t _ 3 .a� S ' i�'Lid.at�` ".I�iVX,:-Oi�ixf••i.ti.�;'t li? 1.]tq 3 t • t -j Yn• x'-t �Tk � i... .' . �GINICA'iIONS HoreWood,_Alabama Mike Kendick, Councilman (205) 877-8628 1. Company: Tele-Communications 2. Few complaints: very efficient and agressive in rectifying problems. 3. Started 5 or 6 years ago, do not know number of subsribers. 4. Excellent job, standing behind what they promised. Sunnyvale, California 1. Company: Tele-Communications Jim Wahl, Direct. of Public Works (408) 738-5623 Ernie Yoshizuka, Eng. Dept. 2. Some complaints on installation and repairs. 3. Approx. 6 years, no idaea on number of subscribers. 4. Believe they have fulfilled commitments. Daytona Beach, Florida Howard D. Tipton, City Mgr. (904) 258-3100 Gordon Tiffany, Ass't. City Mgr. 1. Company: Halifax Cable TV, subsidiary of Tele-Communications 2. Services satisfactory, somewhat slow in servicing newly developed subdivisions. 3. Approx. since 1972, do not know number of subsribers. 4. CAN Company had to recalculate franchise fee payments, city underpaid for several years-. Page 4 19 '.la. �•f - h. I_ .�;'� � ,5.,.�?41iY'1�.. � - �:'L'..�f;'`.' cry. �,a 't• �`� �Jk�y!} ';'#. .l,�y- r, ,� .� g 0 Is Angeles, California Ron Hale, Dept. of Trans. (213) 485-2121 Company: Six Star Cablevision of Los Angeles Asked for extension of construction period for 11 months because of lack of cooperation from telephone company. Granted Franchise July 19799 approx. 525 houses See #2. ansas City, Kansas David T. Isabell, City Clerk (913) 371-2000, ext. 205 . Companies: Two (2) Six Star Cablevision and Wyandotta Cablevision 1. First agreement in 1966, no records on number of subscribers trighton, Michigan Mrs. Janice Morrow, City Clerk (313) 227-1911 L. Company: Six Star Cablevision Various complaints: not good reception, do not followup on repairs, late sending paper work to city, late paying city fee 3. Four or five years. 4. Time for payment, see #2. Construction schedule o.k. Page 5 4 zo r,:.S �"'tp� .k�'+ '.+ Ee - - - -• >Vx, 4y^+,, - .;�•."?, �, teal. ..� lilri. �t. . 1�._�, a?s,:%gin•. v:Y • ';;.b';" 60-10'p .. , r •tom . Y � •x„ ort Lee, New Jersey Gladys gunnel, Deputy City Cl rk. (201) 692-3646 1. Company: Vision Cable 2. Service satisfactory, sometimes somewhat slow in responding to citizen's calls. 3. e'en (10) years, do not know actual number of subsribers. 4. yes Morehead, North Carolina 1. Company: Vision Cable 2. Very satisfactory. 3. Approx. 2 years and 1,500 subscribers 4. yes C1 Parwater, Florida Amy Holland, City Clerk (919) 726-6848 Tony Shoemaker, City Mgr. (813) 462-6700 1. Company: Vision Cable 2. Small number of complaints most responsive to any kind of problem. 3. First customer about 9 months ago, total homes 459000, about 80% of system completed. 4. yes Page6 zi F ion "SF• G. '! y �, � 'i ,,,,,,� ELECt�IVIIV UNICATIONS MANAGEMENT CORPS 6380 Wilshire Boulevard Suite Los Angeles, California s')004r� (213185310 �S r July 13, 1981 Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: During the June 29 Commission meeting, Mayor Ferre requested that we supply the City with a list of communications attorneys, located outside if the City of Miami, who might be retained to assist the City in negotiating a cable television license agreement. My first choice would be Mr. Martin E. Firestone, of the law firm of Sanford, Adams, McCullough & Beard, 1156 Fifteenth Street, N.W., Washington, D.C. 20005 [telephone (202) 223-66801. Mr. Firestone was recently retained by the City of New Orleans for the same task, and in that capacity we both parti- cipated in the franchise agreement negotiations. I can recommend Mr. Firestone unhesitatingly, as a result of this experience. A second suggestion is the firm of Cole, Raywid & Braverman, 1919 Pennsylvanis Avenue, N.W., Washington, D.C. 20006 [telephone (202) 659-97501. I am acquainted with two of the firm's senior partners, Alan Raywid and John P. Cole, Jr. Both are knowledgeable in cable television matters. I am not familiar, however, with their client list and whether there might be any potential con- flict with cable industry clients. CP/k I hope that this material is of assistance. Sincerely, CARL PILNICR President A z ' � s t1�XGt Mi, 1 ,t .+a �" _ - � � `uE �;(<• ",.7'�,'�zz,}":r,.�• a r.''r�,ys,-„_ L t r - *', P L A a i�rm •k ' �nµ.�:.f' a. 6380 W1161iite boulivitd Suit W Lit Ahael", Califa i ll DOW 12121 MAI 4 b - IN Mr. Howard V. Gary ;4 •' _ City Manager -= City of Miami City Hall - �� 3500 Pan American Drive s Miami, Florida 33133 Dear Mr. Gary: In response to Mayor Ferre's request during the City Commissions meeting of June 26, Telecommunications Management Corp. is pleased to submit this proposal to provide consultant - assistance to the City of Miami during the process of negotiating a license agreement with the company selected by the Commission --- as the leading contender for a cable television license. We believe that the tasks outlined in the attached Scope of Work provide the framework for proceeding through the nego- tiation process in an orderly and expeditious way, while taking full account of the interests of the City, its agencies and other public and community institutions and organizations. Thank you for the opportunity to offer our services again , to the City of Miami. Sincerely, CARL PILNICR President CP/k Attachment A 3 b s"�"R,.l�'Tl.s•�♦'�.,'+.ot..Yo-e•'.,..,..rw�,..-w�+�+'.[a"+J�.+.wvw,r�s,•..+r. .w.wt�♦�-,.+w .-. v•n, ♦ • .• _ r - " •. i .711, .. 771* ;.�aP :r, ,y ;,'4?f. <;'`q.: .',u:'�• _ a� � �•'P,�,.`°:�.�,tFfr .. '; �.ai%'' ,..�. �"'..r,. �: ss�a' 41, r• jar 14, i. .. :r a ,-�e :x:,:r• -- , t,(,.t6 •,� T �,*s s 4 �_ .rr F ?,'3"i� .. ,}t'_, {. ui . • J �: '.,{• . '�"� 1F3 ; '^fir'-r, }-'G::..1. ,i"µ.. >�;'P if - 'duty :fi(:' wr ` j �'.: ry ff4� cGa Mi Fia .:'�'ki'� t'x�M1 a `fn �-r.. �,;r„.'r'`-,.;'• ':6`' �t' "i� i�{ i "a,.re - Lt �� "' �^ } r�r,r.- !t ;i�n`:������d; ,' 'Y ��'• '', i:. -J "',! '3k: y i. �S' Cv- t u^` ''ff +t� ♦R � »5 Xk �`;�`� ;`tl �,`�', � t,�y�iS � fip + �'• y(-, t, �• ���� ��. �;' �-' dr r s 'b -- 'a +,z,.. , �'��'' : ;'. ,}. -4"4t' "-- 5- ° ��r w -:.5" {-;73•f�'', r ,�', 't r _ 7j���.;', "�. -$- ��.. _4•�,� t.�.'L: isa; '�yr .°s�x�,n �t``�+r L �!._ ��,,,-��„sm�". tty�,K�':, �t.lt+��✓�-; : +�`at i*`s`', :`r;it `>9: � v's4'':i a� �`{��":w-.�?{ _tkq, �s�1a�'.tk �r^N. �a St2Au r^`= .. ��`a; •"� _ .r:-,�; .. ��K;• - e>, .'`gym zt �` -s S5�„';,,. ;,,c�-.'tn � x��'9-' o=r7:+' 'f #�`, — k���.s'7p-- �3r »h a y�,�¢fi.r45A. � _ 4✓h ,�''.. Y(,;.�^ t - -i � n J ���� i u.. ,arc. ,^ .� « ,,^'. ,,t' '�' ?�.`' yY . - - - <,:' `..�,�-, •z s �cr 7 t .r , a,- " --- pix`' 5, .; li'txS:xt-�.,.'r'' - !!'?n,s v.,..,. _ .. --'ri:.".-• tivt59�*a._ x SCOPE Off' WORK PROVISION OF CABLE TELEVISION CONSULTANT SERVICES TO THE CITY OF MIAMI 1. GENERAL REQUIREMENTS The Consultant, Telecommunications Management Corp., shall provide consultant services to the City of Miami in support of the negotiation of a cable television license agreement between the City and the applicant selected by the City as the leading contender for a license award. II. TASKS Work: The following tasks shall be included within the Scope of ° Task 1 -- Preparation of Draft License Agreement The Consultant shall prepare a draft license agreement for the City's review. This agree- ment shall be based on the designated applicant's license application, and shall incorporate all commitments and offers made by the appli- cant. It shall include specific dollar values and implementation schedules for each commit- ment, and shall provide for the necessary enforceability provisions, including appro- priate penalties, to assure a high level of confidence that the applicant will meet its commitments in a timely fashion. ° Task 2 -- Preparation of Additional Negotiation Items In addition to the commitments contained in the applicant's license proposal, the Consultant shall prepare a list of additional items to be negotiated. These shall include cable system features desired by various City departments (including but not limited to Police, Fire and Computers and Communications departments), and also by other public organizations and community groups that have an interest in future cable services. 4R 4 - _ - � - . ;"°u"� �'•- - ,u�p:+df'�yi��e'�',� x� ,te.e; .', ..)� j* The Consultant will coordinate these addi- t-ioftal items with the City, with the objec� F tive of establishing the City's policy and priorities for the negotiation process. Task 3 Participation in Negotiations The Consultant shall participate in all r: negotiations with the license applicant, in support of the City's negotiating team, — including but not limited to the City Manager, City Attorney, and any special counsel that may be retained, or others designated by the City. The Consultant shall provide all assistance requested by the City, and shall continue to - participate until a mutually satisfactory license agreement has been reached. The Consultant shall brief the City Commission, and attend relevant Commission meetings, as requested, through the date of final adoption by the City of the license agreement. III. SCHEDULE Task 1 and Task 2 shall be completed within four weeks of authorization to proceed. Task 3 shall be completed in accordance with the negotiation schedule established by the City. IV. PERSONNEL Mr. Carl Pilnick, President of Telecommunications Management Corp., shall be the principal consultant responsible for all tasks, with support from other Telecommunications Management Corp. personnel as required. V. COST The cost for Tasks 1, 2 and 3 shall be $7,800, on a firm, fixed -price basis, plus travel expenses at cost. The Consultant shall invoice $4,800 at the conclusion of Tasks 1 and 2, and $3,000 at the conclusion of Task 3. �s A �• ............... «�rr•�—..+....-.r.r.�r�..��.w..•-wrw��.�r—.�.•..— .r .. _ _.�. . .. ... ..� ..... .. . _., r;. R•, - t„ .t Skr,.r,w_'�, 7"-.-•,7 •;:.5�'?''�t� ��*` K;�,. d-;3-, :,t'_ J aHy.i pe yy RwF - L.i a�=ji4 f'r . r ry t ,.r s vv r°a 3.;•ar�-� -aka i .. .s.:lar,:_1i;';�..�. .. •.':1,:' °4„✓'+? L*.A,Yu +y��r,F. a} rr CO" OP MIAMI. FLORIDA INTER -OFFICE MEMORANDUM oil i 1102iorable Hem s o City Comm scion i'ROR e e F. Knox, Jr. C' y Attorney — - DATE. .July 14, 1981 arLr , suelEcr Cable Television - Abstract of Litigation as Reported by License Applicants pEFERENCES ENCLOSURES Pursuant to your request, we have examined the applications of the following applicants and abstracted the following informa- tion concerning litigation: I. AMERICABLE OF GREATER MIAMI A C f In response to the questions on Form C, Americable of 4 Greater Miami did not report any litigation. II. CABLE SYSTEMS OF MIAMI f In response to the question on Form C: (a) Has applicant or any principal ever initiated litigation against a fran- chising authority or had a franchising authority initiate litigation against it? Cable Systems of Miami responded - U.S. Cablesystems may be considered a principal of Minneapolis Cablesystems (a limited partnership). On September 28, 1979, the Minneapolis City Council duly enacted a resolution designating Minneapolis Cablesystems (a limited partnership) as the recipient of the cable television franchise for the City of Minneapolis, Minnesota. Thereafter, on December 14, 1979, the Council enacted a resolution which rescinded the franchise awarded to Minneapolis Cablesystems without apparent justification. An action was brought in Hennepin County District Court by Minneapolis Cablesystems seeking a judicial declaration of its rights as well as equitable relief enjoining the publi- cation of the resolution rescinding its franchise award. The case was tried during the latter part of December, 1979, before the Honorable Stanley Kane, Judge of District Court. On March 25, 1980, the Court issued its Findings of Fact, Conclusions of Law and Order for Judgment. Minneapolis Cablesystems appealed the Court's Order for Judgment. The Minnesota Supreme Court ruled on October 17, 1980, sub- stantially upholding Judge Kane's decision. f I Honorable Members of the City Commission -2- July 14, 1901 III. MIAMI TELECOMMUNICATIONS In response to the following questions on Form Ca (3) Has the applicant or any principal ever been a party to a civil proceeding in which it was held liable for any of the fol- lowing or is how a party to the proceeding? (a) Unfair or anticompetitive business practices. (9) Has applicant or any principal ever initiated litiga- tion against a franchising authority or had a franchising authority initiate litigation against it? Miami Telecommunications responded - Community Communica- tions Company d/b/a Boulder CableT.V._v_. City of Boulder, Colorado et al. In December, 1979 the City of Boulder passed on ordinance purporting to limit Community Communi- cations Company rights under a franchise issued in 1964. On January 15, 1980, the Community Communications Company filed a complaint in the captioned action claiming viola- tions of the First, Fifth and Fourteenth Amendments to the United States Constitution, the Anti -Trust laws, the City Charter and (certain other legal rights of Community Communications Company). Community Communications Company was granted a preliminary injunction. International Telemeter Corporation v. Hamlin Interna- tional Corporation and Philip D. Hamlin. U.S. District Court, Western District of Washington, No. C75-487GHB - In July, 1976 International Telemeter Corporation filed a complaint seeking a restraint of violations by Hamlin International Corporation and Philip D. Hamlin of a consent decree entered in settlement of earlier litigation and cer- tain Patent Agreements, together with damages in excess of $150,000. In May, 1977, Hamlin International Corporation and Philip D. Hamlin filed counterclaims,and cross -claims against Tele-Communications, Inc., its President and others, alleging violations of certain anti-trust laws and seeking damages in the amount of $13,658,912. Case has not yet been scheduled for trial. 021 Honorable Members of th6 City Commission 6-3" July 14, 1981 Vi{. VL J•Jii iJJl ilG % G"&A.i.V1JJi.Gi Y. 4194v.i Vaa W-...—c V4YiG�ia iVJJ, Inc. et. al. - City of Millbrae, Cal fornia, sought specific performance and damages. Nation Wide Cablevision, Inc. filed a cross -complaint alleging inverse condemnation and breach of contract, seeking declaratory and injunctive relief. Case settled amicably including rate increases based upon construction of portions of city over 3-year period. Sav Cablevision. Inc. v. City of Berkeley, California - Bay Cablevision, Inc. sought damages and injunctive .L_-11uf for breach of contract and inverse condemnation. Case settled amicably including franchise fee reduction and deregulation of CATV subscriber rates and charges. Borough of Bridgeville v. Centre Video Corporation - Borough of Bridgeville sought injunction against ces- sation of carriage of distant signals after Borough of Bridgeville had denied rate increase to Centre Video Corporation which increase had been sought based upon the provisions of such additional distant signals. Case settled amicably including CATV subscriber rate increase. Borough of Kane v. Centre Video Corporation - Borough of Kane sought injunction against cessation of car- riage of distant signals after Borough of Kane had denied rate increase to Centre Video Corporation which increase had been sought based upon the provision of such additional distant signals. Case settled amicably. Town of Glenville v. Schenectady Cablevision, Inc. - Town of Glenville sought an injunction restraining Schenectady Cablevision, Inc. from stringing cable through Glenville until completion of the transfer of fran- chise and damages. Case settled amicably. Borough of Green Tree v. Centre Video Corporation - Borough of Green Tree seeking injunction against cessa- tion of carriage of distant signals after Borough of Green Tree had denied rate increase to Centre Video Corporation which increase had been sought based upon the provision of such additional distant signals. Judgment not yet rendered. z 4r .? � F1'. '•� 'YSwJ - PCs".<<• -. ;•,'}°4 ' :xa,., �K..:�„�.'.;:;:<. • 1-rs gip/ �r,.�: , y yy _ ""a�rf_:..�.�-�wj;,�� i�^-.:�'�'w=`tit-:�T"+u�x�,,a��sr ��•,�..;;;'C"��-.:.r,'� r - . - .. w Honorable members of ,the City Commission .64a July 14 i 1901 City of Pacifica v. Tele-Commununications Inc*# et al. city of Pac f ca sought declaratory Judgment that it has right to reduce rates charged for cable television services permanent injunction from decreasing or termi- nating services, charging subscribers for converters, or implementing rate increases; and for unpaid franchise fees. Tele-Communications, Inc. cross -claimed for fraudu- lent conduct, breach of contract, malicious interference with TCI's contracts and business and permanent injunc- tion restraining same. Case settled amicably including rate increase and indexed future rate increases. TCI Cablevision, Inc. v. City of Jefferson, Missouri - In 1978, TCI Cablevision, Inc., succeeded to the rights accorded its predecessor -in -interest under a 10-year license which the City of Jefferson, Missouri, issued on April 21, 1971. At the city's request, TCI made substantial investments to improve and expand this system, which investments have not been recaptured. Subsequently, the City took actions designed to limit TCI's vested, constitutional, and civil rights. On March 16, 1981, TCI Cablevision, Inc., filed a complaint against the City, claiming violation of the antitrust laws, the First, Fifth and Fourteenth Amendments to the United States Constitution, and various other rights of TCI protected by state law. There has been no discovery in this recent action, and the City has not yet answered • the complaint. IV. SIX STAR NIELSON In response to the question on Form C: (3) Has the applicant or any principal ever been a party to a Civil proceeding in which it was held liable for any of the following or is now a party to the proceeding? (b) Vio- lations of securities laws (State and Federal). Six Star Nielson responded - On January 12, 1976, the Secu- rities and Exchange Commission filed a complaint against Stuart Harris and Charles Stuart Co., a broker -dealer wholly owned by Mr. Harris, alleging violations of anti -fraud and iw ��'�,°�;-ter d 1 ,✓r�T`+,b �it Mi! '. ftonorable Members of the City Commission July 14, 1981 registration requirements of the Federal Securities Laws. The complaint was settled on October 12, 1976 by the entry of a permanent injunction against Charles Stuart Co., Inc. and Mr. Harris, who consented without admitting or denying the allegations from further violations of the registration and anti -fraud provisions of the Federal Securities laws. In addition, Mr. Harris and Charles Stuart Co., Inc. were suspended for four months from acting as a broker -dealer or investment advisor. In mid December, 1980, considerable publicity was given to a civil action by the Securities Exchange Commission charging that a group of companies including Cable/Tel and a large number of individuals had fraudulently sold unregistered securities which should have been under SEC jurisdiction. Most of the companies and some of the individuals signed consent decrees without admitting or denying allegations in the SEC complaint. Two years ago, the SEC filed a routine inquiry concerning the funding mechanism used by Cable/Tel. It is essential for you to understand that the SEC did not allege that cable systems were not built, or that any fraud or misrepresen- tation to the cities involved ever occurred. The inquiry was primarily a question of whether the method of raising capital funds involved the sale of holdings which properly belong under SEC jurisdiction. Cable/Tells principals were assured by their law firm in New York City prior to beginning operations that the funding mechanism did not involve the sale of securities. A second Ohio opinion confirmed that belief. Cable/Tel proceeded in good faith to raise capital funds in order to build out systems at a level commensurate with or superior to that expected by the cities whose fran- chises were held. Prior to the SEC inquiry, this funding mechanism was discontinued in favor of commercial .'Financing. With the advent of the SEC inquiry, the principals of Cable/ Tel were faced with the prospect of extensive litigation to defend an already discontinued practice. Because they would not be offering cable television interests of this type for sale in the future, it was in Cable/Tells best interest to settle the matter. However, because they did not go to court, Cable/Tel had no arena in which to publicly explain their position. In such situations, it is not unusual for misinformation and misunderstanding to surface. Cable/Tel is providing a complete audit of their books for the time 30 ,v= Honorable Members of _,Rt the City Commission July 14, 1981 in question. The audit, conducted by an independent accounting firm, will be made available to the public. We believe that upon hearing the facts, it is only logical to agree with Tom Hendrickson, former assistant general counsel for NCTA and our special counsel, in his assessment of the situation: "We should place the SEC matter in per- spective, as an investigation into the technical disclosure requirements raised by a financing arrangement which is no longer in use and which has no relationship to the proposals now being submitted to franchising authorities by Six Star Nielson Cablevision." Six Star Nielson Cablevision was formed as a partnership in June, 1980. Three investors serving on the Six Star Nielson 8-member partnership board were associated with Cable/Tel. They are: Stuart C. Harris, Roger H. Maggio and Paul Skulsky. Six Star Nielson Cablevision is not now, nor was it ever a part of Cable/Tel or other com- panies named in the suit. So, while Six Star Nielson as a company was not associated in any way with the SEC in- quiry, and therefor believes the question has no legiti- macy in any of our franchise negotiations, we wanted to discuss these facts so that you may share the belief of all of our board members and of Mr. Hendrickson in the strong future of Six Star Nielson Cablevision. V. VISION CABLE In response to the question on Form C: (3) Has the applicant or any principal ever been a party to a civil proceeding in which it was held liable for any of the following or is how a party to the proceeding? (a) Unfair or anticompetitive business practices - Albrecht v. The Herald Company. 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Y 1, . . 4.� J S Nl ..Sa _r,.,',:-;4aFti•�"1 -f4_.. .l,,' ,: ^y,`"4'., .t-.. w5`;:' ''s g t f" _ 'fit 1 - 'Y fir., ,9--` -,f- i,• - 't Y' r - `'s.,'3 iL'' 444lE"` y : : `.t,.:"-t ':: +4', 1 V,. .f:- ","`,;,,,, , Y,. d.- >i'.r .'F'> '.:4.,, �,1` iR` "... -,•t?r ,,r,i:",.. `:;: '`¢i. .<f - k ,riv.;t� �, 'if'^ ¢F-ii.i A'.t'.: - ,'; .�, t - «.h. _ 7..�. r - IN. �:' y ., p `t ;u ram': x p C' . a i -t^ 4- ''I 5 tr`- yi 1 { f1. .. .. ..» v, r r , w,., s:. . ,� - , s . _. r : - _. „ } _. _ _. , -: r + ' - `:.:,; }3,€rfC _ :.. 'rs3o.ea�. ,.. • ., , ' '"' _ -.- _ _ __ _ -- AlI�A1�AI�lT ca,• VATS: • �� �''�' . . NA4OF CANDIDATE: CAROLLO GIBSON FERRE LLAACASA. PLC R TOTAL ' .1.. . . APPOINTMENT.so: I 'oof Kkqk_Or CaNDIDATE: CAROLLO GIBSON I FERRE I IACASA I P. I TOTAL CQ ....... ... . .... .... ..... v i. APPOINTMENT TO: NA62.-OF CANDIDATE: M Z7* TELECOMMUNICATIONS MANAGEMENT CORP. 6380 Wilshire Boulevard - Suite 808 • Los Angeles, California 90048 (213) 653.0810 July 13, 1981 Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: At the July 7 City Commission hearing on cable television, several of the Commissioners requested a more specific breakdown of the commitments that the five license applicants have proposed for public agencies and community programs. The attached Figures 1-5 provide the requested breakdown. It should be noted that these lists exclude any expenditures that the applicants would be making for their own facilities and staff (such as studios, programming personnel, etc.) and include only those items listed as grants or benefits to the City or to various community organizations or groups. Those items for which the applicants did not indicate a specific dollar value are listed separately in category (B). We have not attempted to quantify them at this time. As can be seen, two of the applicants, Americable and Six Star Nielson, have proposed essentially no benefits of this type. The other three, however, have proposed substantial commitments. Even if no value at all is placed upon the category (B) items, the dollar commitments, over the fifteen -year license term, for the (A) category items are as follows: Cablesystems Miami $ 8,775,000* Miami Tele-Communications 8,128,000 Vision Cable 5,450,000 (*Based upon calculating a 5-year interest return for the $2,500,000 advance license fee.) I trust that this breakdown will assist the Commission in its deliberations. Sincerely, CARL PILNICK CPjk President Attachments !�� lIIIII l .,t_ illli�ffWl' Mii�NMpiiihll�fl .. :, ;,:, 4 �� FIGURE 1 ,; AMERICABLE OF GREATER MIAMI COMMITMENTS TO PUBLIC AGENCIES AND COMMUNITY IN, ESTIMATED ESTIMATED VALUE ITEM ONE-TIME ANNUAL (A) ITEMS WITH DOLLAR VALUE QUANTIFIED BY APPLICANT: None None None (B) ITEMS WITH NO DOLLAR VALUE SPECIFIED: ° Interconnection to County Operations Center and Educational Telecommunications Center ° 1 Spanish local origination studio in little Havana ° 1 Black local origination studio in the black community 0 Studio employees from the local area i; ram,77 .y tt(1M 9 �$ M2AMt M"Mam '" PUAUC AGENCIES An Co"I tliafTV EstIMATED VALbt �,' ONEiT1ME d iA) ITEMS-WZT' DOLLAR VALUE I1�PPLICANTs • Prepayment of License Fees $2,500,000• (*This is considered as an advance of fees due in later years, not a gift, and is therefore not included in total below.) • Funding for Public Access Corporation $1,300,000 • Funding for •Miami Together" project • Funding for *Crime Watch* project TOTALS (15 Years) (8) ITEMS WIT R NO DOLLAR VALUE S C F s • Minority television production training program • Talidon input terminals at numerous minority organizations • Community production center in several predominantly minority neighborhoods • Community origination points at numerous minority organizations • Members of minority groups on every advisory board affecting local programming • Digital services time-shared in two and sometimes three languages • Community viewing centers in every minority community • Programming department hiring practices which will endeavor to exceed EEO requirement • System design allowing narrowcastinq to predominately minority neighborhood • A news production program originating at radio station WpBA • A remote Talidon input terminal at local minority newspapers • A minority business enterprise admin- istration position to ensure minority business involvement in local program • A commitment to involve local black organisations in community programming efforts • 11 channels dedicated in whole or part • to minority programming $1,300,000 $373#000 (Years 1-5)• (*Calculated on the sssump+ Lion that the City places the $2.300.000 advance in an account bearing 13% interest for 5 years, at which time the license fees due the City will approximate $2,500,000.) $100,000 83,600,000 (Years 1-15) $500.000 (Years 1-15) $7,475,000 Mfg .T$Li"-Cbi�t(JNYGTfONB. 2NC+ jf @OM!)ITMZ'(4'i'S TO PVS#,IC AGENCIES AND COMMUNITY fi ESTIMATED VALVE ONE-TIME AMtUAt, (A) 1R'EMS WITH DOLLAR VALUE BY-APPLICANTi • Funding for Public Access Corporation S 12S,000 (Year 1) 115,000 (Year 2) 200,000 (Year 3) It increase each year (Years 4-15) $ 4,329,000 (Years 1-15) • Funding for Crime Watch Cable -Logue model project $ 100.000 (Years 1-5) • Contribution to Spanish Public Television $ 100,000 • Scholarships to minority college students $ 30,000 Contribution to vocational Training protect for the Disadvantaged $ 30,000 (Years 1-5) • Funding for Cultural Arts and Ethnic Heritage Fund $ ).S00,000 (total, Years 1-15) TOTALS (13 Years) $ 50,000 $ 8,078,000 (3) ITEMS WITH NO DOLLAR VALVE SPECIFIEDt • Will provide 3 mobile communications. command control centers to Police Dept. • Will provide computer -assisted -instruction software to Fire Dept, for training • Will provide Ty transmitters for 6 EMS units • Will provide 50 remote video cameras for crime surveillance • Will provide job and skills training at convenient locations throughout the city to maximize the involvement of minorities in program production • Will provide Florida Memorial College with both a FM radio and television access production studio • Will provide specialized programming for specific audiences, dedicated channels to minority interests and insure the accessi- bility of production tools to minority areas of the city • Will produce programming of interest to minorities • Will equap a Community Relations Auditorium at the Miami -Dade Community College New World Center Campus • Will provide the Regional Access Centers, the Community Viewing Centers and sites on the Institutional Network with full inter- active capability • I 9 Ilk 111101,11jill.IA FIGURE SIX STAR NIELO -ON CABLEVISION OF MIA'il, INC rnMMTTMENTS TO PUBLIC AGENCIES AND C-MMUNITY ITEM (A) ITEMS WITH DOLLAR VALUE QUANTIFIED BY APPLICANT: None ITEMS WITH NO DOLLAR VALUE SPECIFIED: None VtSt l^ _ A19L . or IdAMI, (A) ITEMS WITH DOLLAR VALUE QUANTIFIEDBY APPLICAN—i • Donation to City for development of institutional services ° Partial funding for Public Access f Corporation • Establishment of Cable Training Center TOTALS (15 Years) (B) ITEMS WITH NO DOLLAR VALUE SPECIFIED: will encourage the Public Access Corporation to aggressively pursue minority involvement • Will purchase minority community productions for the Family Movie channels • Plans to involve minorities in the advisory responsible for program development ° Carriage of Ch. 23-WLTV (Spanish) on all tiers of service ° Paid internships in cable television for all residents of Miami, including minority groups ° Narrowcasting service on the subscriber network • 21 Viewing Centers in minority communities ° Employment practices exceeding state and federal requirements M, ESTIMATED VALM O1QSiTLME $ 100,000 $ 100,000 S 350,000 (Year 1) 150,000 (Years 2.15) $ 5,450,000 r TELECOMMUNICATIONS MANAGEMENT CORR 6380 Wilshire Boulevard Suit* 808 Los Anples, Ca titotnia 90048 (2131853-0810 July 14, 1981 Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: At the July 7 City Commission hearing on cable television, Commissioner Carollo requested information on how the Miami proposals compare with those submitted to other major cities recently. I have been the consultant to the Cities of Portland and New Orleans, both of which have granted franchises in recent months. Three of the proposals to the City of Miami (Cablesystems Miami, Miami Tele-Communications and Vision) compare favorably with the successful proposals in Portland and New Orleans. For example: o System Capacity - The proposed dual cable, 400 MHZ residential network, plus the institutional network, provides more channel capacity than either the Portland or New Orleans systems. 0 Programming andd Services - The programming and services proposed for Miami q al or exceed those that will be provided to Portland and New Orleans. o Public Rights - As noted in my accompanying letter of July 13, which tabulates the dollar value of the additional benefits offered by Cablevision Miami, Miami Tele-Communications and Vision Cable, this value ranges from about $5,500,000 to almost $9,000,000 over the life of the franchise. These commitments exceed those received by both Portland and New Orleans. In view of this, my opinion is that the three proposals listed above represent, on the average, a better offer to the City of Miami than other major cities have received recently. Sincerely, . CARL PILNICK President CP/ah 4 reJ4 t y{ -}, Alk 4 y{5�i ,`- sG i "r di" Oft MIAMI, FL01110A � .eY r ►f'd 1i gary Wirt; July 14, 1981 city Manager Random Survey of Cities Served by i Miami Cable Applicants 'rt i Ktohe Assistan City Manager Intergovernmental Affairs Random Survey Results At the request of Commissioner J. L. Plummer, on July 13, 1981, this office contacted fifteen cities that are served by the five applicants (three cities for each applicant). The results of that survey are attached for information only. No criteria was made as to which cities would be called. CM/ah Q , RANDOM SURVEY OF CITIES SERVED BY MIAMI APPLICANT'S Requested by Commissioner J. L. Plummer July 13, 1981 Questions asked City Administrators Listed as References in Companies' Proposals 3 Cities from Each Company): 1. Does your city receive services from company? 2. Have those services been satisfactory, i.e. any complaints or problems between the city and the company? 3. How long have they been serving your city and how many subscribers are served? 4. Have they fulfilled all of their commitments to the city within the time promised? Cities Contacted Ame ri cabl e Dade County, Florida Lancaster, Ohio Circleville, Ohio Ca bl esys tems Syracuse, New York S.W. Suburb of Minneapolis, Minnesota Fountain Valley, California Vision Cable Six Star Nielson Los Angeles, California Kansas City, Kansas Brighton, Michigan Miami T-efe-Communications Homewood, Alabama Sunnyvale, California Daytona Beach, Florida Fort Lee, New Jersey Morehead City, North Carolina Clearwater, Florida Page 1 e`r AME MABLE . Bade -County.,_ Florida 00) 1. Company: Americable 2. No Complaints, construction timely. 3. Since 1978, 8,907 subscribers as of March 1981. 4. yes W Anthony Bello, Cable TV Coordinator (306) 679-2984 Lancaster, Ohio Kenneth Mace, Mayor (614) 653-1201 1. Company: Fairfield Cablevision-subsidiary of Vicoa-Nermanowski, President. 2. Raised rates, not as many channels as promised. 3. Since 1972, about 9,000 subscribers. 4. Yes Circleville, Ohio Atwood Jones, Direct. -Public Services (614) 477-2551 1. Company Fairfield Cable 2. Same: not advising customers on change of service no local office as promised slow in constructing newly developed area refused to bring service to Fire Station within industrial area. 3. Approx. 7 years and 1,600-1,700 subscribers-40% penetration. 4. Franchise fee dropping, city requesting explanation. Page 2 0, t KtsYST Syracuse, New -York Michael Morning CATV (315) 473-2753 Bob Visser, City Clerk (315) 473-3216 1. Company: Syracuse Cable 5ystem(subsidiary of company in Toronto, Canada). 2. Excellent, July 7, 1981 Public Hearing for rate increase, all speakers In favor, excellent public access channel. 3. Three (3) years, approximately 50,000 to 60,000 subscribers. 4. yes S.W. Suburbs, Minneapolis, Minnesota 1. Company: Cablesystems 2. Granted franchise in March 1981--no problems. 3. Started construction 2 months ago. 4. Construction ahead of time schedule. Fountain Valley, California Mark Bernhardson, Ass't. City Mgr. (612) 927-8861 - Edina, Minnesota John Bateman, Public CATV Authority (714) 898-3311, ext. 271 Mrs. Imogene Holstein, Deputy City CirF (714) 963-8321 1. Company: Dickenson Pacific, Canadian Company 2. Complaints with installation: careless with peoples' properties. 3. Original agreement 1979, October -do not know number of subscribers. 4. yes Page 3 I ' . .. i «.r rr/�. r.,,aw.'v ntr �r...4. _ _ -. .. �. _.. � r pk .r .1 � ♦ i �. a .... _ M1AM1 M.TtCOMMUNICAT-IONS Homewood, Alabama Mike Kendick, Councilman (205) 877-8628 1. Company: Tel e-Communications 2. Few complaints: very efficient and agressive in rectifying problems. 3. Started 5 or 6 years ago, do not know number of subsribers. 4. Excellent job, standing behind what they promised. Sunnyvale, California 1. Company: Tele-Communications Jim Wahl, Direct. of Public Works (408) 738-5623 Ernie Yoshizuka, Eng. Dept. 2. Some complaints on installation and repairs. 3. Approx. 6 years, no idaea on number of subscribers. 4. Believe they have fulfilled commitments. Daytona Beach, FloridaBeach, Florida Howard D. Tipton, City Mgr. (904) 258-3100 Gordon Tiffany, Ass't. City Mgr. 1. Company: Halifax Cable TV, subsidiary of Tele-Communications 2. Services satisfactory, somewhat slow in servicing newly developed subdivisions. 3. Approx. since 1972, do not know number of subsribers. 4. CATV Company had to recalculate franchise fee payments, city underpaid for several years. Page 4 'j'' - TO 3 ,; .,t;r' a •„a'. -'r'o`;,. P �v Los Angeles, California Ron Hale-, Dept, of Trans. (213) 485-2121 �. Company: Six Star Cablevision of Los Angeles 2. Asked for extension of construction period for i 11 months because of lack of cooperation from telephone company. 3. Granted Franchise July 1979, approx. 525 houses 4. See #2. Kansas City, Kansas David T. Isabell, City Clerk (913) 371-20000 ext. 205 1. Companies: Two (2) Six Star Cablevision and Wyandotta Cablevision 2. 3. First agreement in 1966, no records on number of subscribers 4. Brighton, Michigan Mrs. Janice Morrow, City Clerk (313) 227-1911 1. Company: Six Star Cablevision 2. Various complaints: not good reception, do not followup on repairs, late sending paper work to city, late paying city fee 3. Four or five years. 4. Time for payment, see #2. Construction schedule o.k. i Page 5 A• ......... ........ JAI AA gruflfiej, Deb -AAR or -Laos N ew- Berta 692-3646 F- FAA Company: Vision Cable somewhat slow S in responding to Citizen's Calli. Service satisfactory, sometimes 3. Ten (10) years, do not know actual number of subsribers. 4. yes M A Amy Holl'ands City Clerk .7 Morehead North Carolina (919) 726 -6848 1. Company: Vision Cable 2. Very satisfactory. 3. Approx. 2 years and 1,500 subscribers 4. yes Tony Shoemaker, City Mgr. Clearwater, Florida (813) 462-6700 1. Company: Vision Cable 2. Small number of complaints most responsive to any kind of problem. 3. First customer about 9 months ago, total homes 45,000, about 80% Of system completed. 4. yes Paqe6 City OF MI;4MI, FLORIDA INTEROFFICE MEMORANDUM TO Honorable Memb s of DATE July 14, 1981 FILE. City Comm ssion SUBJECT Cable Television - Abstract of Litigation as Reported by License Applicants FROM REFERENCES Ge ge F. Knox, Jr. C ' ty Attorney ENCLOSURES Pursuant to your request, we have examined the applications of the following applicants and abstracted the following informa- tion concerning litigation: I. AMERICABLE OF GREATER MIAMI In response to the questions on Form C, Americable of Greater Miami did not report any litigation. II. CABLE SYSTEMS OF MIAMI In response to the question on Form C: (a) Has applicant or any principal ever initiated litigation against a fran- chising authority or had a franchising authority initiate litigation against it? Cable Systems of Miami responded - U.S. Cablesystems may be considered a principal of Minneapolis Cablesystems (a limited partnership). On September 28, 1979, the Minneapolis City Council duly enacted a resolution designating Minneapolis Cablesystems (a limited partnership) as the recipient of the cable television franchise for the City of Minneapolis, Minnesota. Thereafter, on December 14, 1979, the Council enacted a resolution which rescinded the franchise awarded to Minneapolis Cablesystems without apparent justification. An action was brought in Hennepin County District Court by Minneapolis Cablesystems seeking a judicial declaration of its rights as well as equitable relief enjoining the publi- cation of the resolution rescinding its franchise award. The case was tried during the latter part of December, 1979, before the Honorable Stanley Kane, Judge of District Court. On March 25, 1980, the Court issued its Findings of Fact, Conclusions of Law and Order for Judgment. Minneapolis Cablesystems appealed the Court's Order for Judgment. The Minnesota Supreme Court ruled on October 17, 1980, sub- stantially upholding Judge Kane's decision. Honorable Members of the City Commission -2- July 14, 1981 III. MIAMI TELECOMMUNICATIONS In response to the following questions on Form C: (3) Has the applicant or any principal ever been a party to a civil proceeding in which it was held liable for any of the fol- lowing or is how a party to the proceeding? (a) Unfair or anticompetitive business practices. (9) Has applicant or any principal ever initiated litiga- tion against a franchising authority or had a franchising authority initiate litigation against it? Miami Telecommunications responded - Community Communica- tions Company d/b/a Boulder Cable T.V. v. City of Boulder, Colorado, et al. In December, 1979 the City of Boulder passed on ordinance purporting to limit Community Communi- cations Company rights under a franchise issued in 1964. On January 15, 1980, the Community Communications Company filed a complaint in the captioned action claiming viola- tions of the First, Fifth and Fourteenth Amendments to the United States Constitution, the Anti -Trust laws, the City Charter and (certain other legal rights of Community Communications Company). Community Communications Company was granted a preliminary injunction. International Telemeter Corporation v. Hamlin Interna- tional Corporation and Philip D. Hamlin. U.S. District Court, Western District of Washington, No. C75-487GHB - In July, 1976 International Telemeter Corporation filed a complaint seeking a restraint of violations by Hamlin International Corporation and Philip D. Hamlin of a consent decree entered in settlement of earlier litigation and cer- tain Patent Agreements, together with damages in excess of $150,000. In May, 1977, Hamlin International Corporation and Philip D. Hamlin filed counterclaims and cross -claims against Tele-Communications, Inc., its President and others, alleging violations of certain anti-trust laws and seeking damages in the amount of $13,658,912. Case has not yet been scheduled for trial. Honorable Members of the City Commission -3- July 14, 1981 City of Millbrae, California v. Nation Wide Cablevision, Inc., et al. - City of Millbrae, California, sought specific performance and damages. Nation Wide Cablevision, Inc. filed a cross -complaint alleging inverse condemnation and breach of contract, seeking declaratory and injunctive relief. Case settled amicably including rate increases based upon construction of portions of city over 3-year period. Bay Cablevision, Inc. v. City of Berkeley, California - Bay Cablevision, Inc. sought damages and injunctive relief for breach of contract and inverse condemnation. Case settled amicably including franchise fee reduction and deregulation of CATV subscriber rates and charges. Borough of Bridgeville v. Centre Video Corporation - Borough of Bridgeville sought injunction against ces- sation of carriage of distant signals after Borough of Bridgeville had denied rate increase to Centre Video Corporation which increase had been sought based upon the provisions of such additional distant signals. Case settled amicably including CATV subscriber rate increase. Borough of Kane v. Centre Video Corporation - Borough of Kane sought injunction against cessation of car- riage of distant signals after Borough of Kane had denied rate increase to Centre Video Corporation which increase had been sought based upon the provision of such additional distant signals. Case settled amicably. Town of Glenville v. Schenectady Cablevision, Inc. - Town of Glenville sought an injunction restraining Schenectady Cablevision, Inc. from stringing cable through Glenville until completion of the transfer of fran- chise and damages. Case settled amicably. Borough of Green Tree v. Centre Video Corporation - Borough of Green Tree seeking injunction against cessa- tion of carriage of distant signals after Borough of Green Tree had denied rate increase to Centre Video Corporation which increase had been sought based upon the provision of such additional distant signals. Judgment not yet rendered. i) 117 Honorable Members of the City Commission -4- July 14, 1981 City of Pacifica v. Tele-Commununications, Inc., et al. - City of Pacifica sought declaratory judgment that it� has right to reduce rates charged for cable television service; permanent injunction from decreasing or termi- nating services, charging subscribers for converters, or implementing rate increases; and for unpaid franchise fees. Tele-Communications, Inc. cross -claimed for fraudu- lent conduct, breach of contract, malicious interference with TCI's contracts and business and permanent injunc- tion restraining same. Case settled amicably including rate increase and indexed future rate increases. TCI Cablevision, Inc. v. City of Jefferson, Missouri - In 1978, TCI Cablevision, Inc., succeeded to the rights accorded its predecessor -in -interest under a 10-year license which the City of Jefferson, Missouri, issued on April 21, 1971. At the City's request, TCI made substantial investments to improve and expand this system, which investments have not been recaptured. Subsequently, the City took actions designed to limit TCI's vested, constitutional, and civil rights. On March 16, 1981, TCI Cablevision, Inc., filed a complaint against the City, claiming violation of the antitrust laws, the First, Fifth and Fourteenth Amendments to the United States Constitution, and various other rights of TCI protected by state law. Tner.e has been no discovery in this recent action, and the City has not yet answered the complaint. IV. SIX STAR NIELSON In response to the question on Form C: (3) Has the applicant or any principal ever been a party to a Civil proceeding in which it was held liable for any of the . following or is now a party to the proceeding? (b) Vio- lations of securities laws (State and Federal). Six Star Nielson responded - On January 12, 1976, the Secu- rities and Exchange Commission filed a complaint against Stuart Harris and Charles Stuart Co., a broker -dealer wholly owned by Mr. Harris, alleging violations of anti -fraud and n Honorable Members of the City Commission =5- July 14, 1981 registration requirements of the Federal Securities Laws. The complaint was settled on October 12, 1976 by the entry of a permanent injunction against Charles Stuart Co., Inc. and Mr. Harris, who consented without admitting or denying the allegations from further violations of the registration and anti -fraud provisions of the Federal Securities laws. In addition, Mr. Harris and Charles Stuart Co., Inc. were suspended for four months from acting as a broker -dealer or investment advisor. In mid December, 1980, considerable publicity was given to a civil action by the Securities Exchange Commission charging that a group of companies including Cable/Tel and a large number of individuals had fraudulently sold unregistered securities which should have been under SEC jurisdiction. Most of the companies and some of the individuals signed consent decrees without admitting or denying allegations in the SEC complaint. Two years ago, the SEC filed a routine inquiry concerning the funding mechanism used by Cable/Tel. It is essential for you to understand that the SEC did not allege that cable systems were not built, or that any fraud or misrepresen- tation to the cities involved ever occurred. The inquiry was primarily a question of whether the method of raising capital funds involved the sale of holdings which properly belong under SEC jurisdiction. Cable/Tel's principals were assured by their law firm in New York City prior to beginning operations that the funding mechanism did not involve the sale of securities. A second Ohio opinion confirmed that belief. Cable/Tel proceeded in good faith to raise capital funds in order to build out systems at a level commensurate with or superior to that expected by the cities whose fran- chises were held. Prior to the SEC inquiry, this funding mechanism was discontinued in favor of commercial financing. With the advent of the SEC inquiry, the principals of Cable/ Tel were faced with the prospect of extensive litigation to defend an already discontinued practice. Because they would not be offering cable television interests of this type for sale in the future, it was in Cable/Tel's best interest to settle the matter. However, because they did not go to court, Cable/Tel had no arena in which to publicly explain their position. In such situations, it is not unusual for misinformation and misunderstanding to surface. Cable/Tel is providing a complete audit of their books for the time A* - Honorable Members of the City Commission -6- July 14, 1981 in question. The audit, conducted by an independent accounting firm, will be made available to the public. We believe that upon hearing the facts, it is only logical to agree with Tom Hendrickson, former assistant general counsel for NCTA and our special counsel, in his assessment of the situation: "We should place the SEC matter in per- spective, as an investigation into the technical disclosure requirements raised by a financing arrangement which is no longer in use and which has no relationship to the proposals now being submitted to franchising authorities by Six Star Nielson Cablevision." Six Star Nielson Cablevision was formed as a partnership in June, 1980. Three investors serving on the Six Star Nielson 8-member partnership board were associated with Cable/Tel. They are: Stuart C. Harris, Roger H. Maggio and Paul Skulsky. Six Star Nielson Cablevision is not now, nor was it ever a part of Cable/Tel or other com- panies named in the suit. So, while Six Star Nielson as a company was not associated in any way with the SEC in- quiry, and therefor believes the question has no legiti- macy in any of our franchise negotiations, we wanted to discuss these facts so that you may share the belief of all of our board members and of Mr. Hendrickson in the strong future of Six Star Nielson Cablevision. V. VISION CABLE In response to the question on Form C: (3) Has the applicant or any principal ever been a party to a civil proceeding in which it was held liable for any of the following or is how a party to the proceeding? (a) Unfair or anticompetitive business practices - Albrecht v. The Herald Company. In 1964, an action was brought against The Herald Company, an intermediate owner of the stock of The Newhouse Group, Inc., by a distributor of the newspaper of its St. Louis division. Plaintiff charged that The Herald Company conspired to set maximum prices for the resale of its newspapers. a - 1. i �,.'-. - - — ; � �, � �,, � 4 �e'f•r �`.1+V St �) - �{� ,,,�,�:...� �t+�'y f z { 4rV r x i* �# �F„� `;r � J,J 's �4h?, ri T: yrv%�(r�jA,,-,_ - 1�'tt:,s t�,.,, _ 8'� ?''•"�% '&'c_ ..3ifi�i s'fiV.'_ n SS }?.�'F s' y. hr j�i Y.��'�i��,t� ,i: �„ . ""y gmy'A m.ue*.�'a �-, `.: d,!,j` et �p � rt i� Z tr a.�t'�' Y ry 7baj2r�, ''xf' .;L. a -'y ' t j S�. :.F'rr';�;`^Rrt',$�v' ' t Ah .Y.F"'-Y',N. : ",•: d 4 , ice. 7 .1.. Try q}ssf , C , ... - J ,� w z,r, . ,r,i,i., ,. . . _ 1• .•,•Irw 4, ; i w.3_ a�rld,M1s�,., - i .. . .. . .. rIi ,. ,.. .. e - ,., - x - gA''�wf l,bi'f, C;Y� M��nhcrs Of � .. . � k i {' i_ �1 W {1� .� .. d � 14 i F.,,,. yy rn �� .cn , ,, '. K:, 3 N, �.., ,: . k'.. _' �I for 'the herald Compan after a jury � �;#- ` " -: Y '= ' ` M r --,' r.4: dudgment was entered "" Court and sustained i hth ,, by the :� ::' ,_ .:.,x, . , , tr.. in the bistriot t i�l ithstandin the ': `' `` � - '' 9► z«, :: ,` . it A eal�. gment Circu Court of pp dud notes ;:Y '* � ;: (�; Court ' n4">'r ranted b the United States Supreme 1,,. ,, , verdict was :.,w f, �Nr,,+r, , i.� " - , a... ,.<y.,; - r ' c:",.,; _ . • '- ... ..... }� :-1. _ it 1i'wY{5•'.:r �) w{' �- " .' rJ04:"r .%i A-�+�w� 1:. x� "? :'F (�t'+ 9 i Y _ , - ' .. -i -. .', 1 F P- - -s ;! l i �1� -I. tE�i.154 M1 ". ki � IMII.,Yi> M,. t,T 1, � l� 1,S'�T41 ' T a t f . " ' . i V'J i .L I}-JfV .. ' 71P �- i! 3 ` �,• K . , +ryi %� -w, - - - �.�. " Zia' { �. d:u t.� .j. . - - - ' , ..;S:t .. .. .�: ,: 11 ,.. - - 1. - -! J .. a , _ - - - i .. _ 'I!J' . - ..,.. ..,', r, f, y e- - ," 5 F - = ,. - ,� - 1 1. 7 i; - - 'W� f _11 3 .w - l t r i� :�: li, �' '' u J M 1 _ _ t f -, '.I. .,� , '�"'!�*"�"', >f' ii ' - .I - - " I - :"*�`� 1. , .' 11 ., ., I .1 � . - � � - - - 6 - t . , .' f L . , --'-- T., pro. iayor and Members Of the City Commission rftbM: Howard V. Gary City Manager 61" OP MIAMI, 11L6ftIbA iN TR*41tFiCE MEMORANDUM DAM July 14, 1981 nit: •uritet: Cable Television Consultant's Responses 11EFtRENCEi: 1 � tNCLOSURCS: Pursuant to requests by the Mayor and Members of the City Commission during the Special Commission Meetings of June 26 and July 7, 1981, the attached information has been submitted by Mr. Cart Pilnick re^are';nq the below topics: A. Specific breakdown of commitments the five (5) license applicants have proposed for public agencies and community programs; B. Listing of attorneys, located outside the Greater Miami area, with expertise in communications to possibly assist in negotiating a cable television ` license agreement; and C. Telecommunications Management Corporation's proposal to provide consultant assistance to the City during negotiation of a license agreement with the company selected. Of course, Mr. Pilnick will be on hand during today's meeting to discuss the attached information as may be desired by the Commission. 1 TELFECOMMUNICATIONS MANAGEMENT CORP* 6380 Wiishin Boulowd • Suite 808 • Lot AnvIft, Califami• 90048 (213)8"10 July 13, 1991 a Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Gary: At the July 7 City Commission hearing on cable television, several of the Commissioners requested a more specific breakdown of the commitments that the five license applicants have proposed for public agencies and community programs. The attached Figures 1-5 provide the requested breakdown. It should be noted that these lists exclude any expenditures that the applicants would be making for their own facilities and staff (such as studios, programming personnel, etc.) and include only those items listed as grants or benefits to the City or to various community organizations or groups. Those items for which the applicants did not indicate a specific dollar value are listed separately in category (B). We have not attempted to quantify them at this time. As can be seen, two of the applicants, Americable and Six Star Nielson, have proposed essentially no benefits of this type. The other three, however, have proposed substantial commitments. Even if no value at all is placed upon the category (B) items, the dollar co�*i..tments, over the fifteen -year license term, for the (A) category items are as follows: Cablesystems Miami $ 8,7751000* Miami Tele-Communications 8,1281000 Vision Cable 51450,000 (*Based upon calculating a 5-year interest return for the $2,500,000 advance license fee.) I trust that this breakdown will assist the Commission in its deliberations. Sincerely, � . CARL PILNICK CP/k President Attachments II IIIIIII IIII _ "�l�llilJs�. rr�■■�■W�ytfifiYiYiyiyliY�iiiiiYrlYii4iWWiiMilYtywiY ■eiee-ems -. .--,... ,.... .. ;,... ,,: 4 � .�,`� It` - s I ` FIGURE 1 AMERICABLE OF GREATER MIAMI - COMMITMENTS O PUBLIC AGENCIES AND C OI MMUN TY ESTIMATED VALUE ITEM ONE-TIME (A) ITEMS WITH DOT-'TI R •ALUE QUA�P1'IFIED BY AFk,14. �s None (B) ITEMS WITH NO DOLLAR VALUE SPECIFIED: " Interconnection to County Operations Center and Educational Telecommunications Center ° 1 Spanish local origination studio in little Havana ° 1 Black local origination studio in the black community ° Studio employees from the local area ANNUAL none I AND COMM Eyv '.1 (A) • P ndLm# tot Public Amass Corporation • lundinq for Crier Match Cable -Logue aodei project • Contribution to Spanish Public Television • Scholarships to minority college students • rAntribution to vocational Training r•;.,i,c: for the Disadvantaged • Funding for Cultural Arts and Ethnic heritage rand 50,000 1 12+3,000 (Year 1) 175,000 (Year 2) 2000000 (Year 3) U increase each -_year-(Yaars.4-1S1 0 4,328,000 (Years 1-19) S 100#000 (Years 1-01 $ 100,000 6 500000 (Years 1-5) 1,500,000 (total, Years 1-15) TOTALS (ls Years) = 30,000 1 8,078,000 (s) ITENs WITH 140 DOLLAR VALUE SPECZTMs • will provide 3 mobile caunmications, command Control Centers to Police Dept. • Will provide computer -assisted -instruction software to Fire Dept. for training • Will provide TV transmitters for 6 ERE units • will provide 50 remote video cameras for crime surveillance • will provide job and skills training at convenient locations throughout the city to aasdmise the involvement of minorities in program production • will provide Florida Memorial College with both a rM radio and television access production studio • will provide specialised programming for specific audiences, dedicated channels to minority interests and insure the accessi- bility of production tools to minority areas of the city • will produce programming of interest to minorities • will equip a Community Relations Auditorium at the Miaai-Dads Community College New world Center Campus • will provide the Regional Access Cantors, the Community viewing Centers and sites on the tastitutlonai Network with full intor- active capability Y Fu �Ryh t i� �Tino Milf� i 'r 4'U ltf3lt tC JIO t MIS A!ID COId4t>lWI'1'T ` z" MAm VAM ONE-'1In $2,500,000• (*This an sIs advance offees as due in later years, not a gift, and is therefore not included in total below.) + lnndinq for public Access Corporation $1,300,000 • rundinq for •Miami TOVither• Project ?!)ndinq for Crime Watch* pre7ect TOTALS (15 Tears) $1,300,000 (a) TTSMS WITH Novo VALUE Iffen-MM2 • -- KinorLty television production training program • Telidon input terminals at numerous minority organisations • Community production center in several predominantly minority neighborhoods • Community origination points at numerous minority organizations • Members of minority groups an every advisory board effecting local programming • Digital services time-shared in two and sometimes three languages • Community viewing centers in every minority coamanity • programming department hiring practices rrewmendeavos to exc"a which • System design allowing narrowcastinq to predominately minority neighborhood • A news production Program originating at radio station VOM • A remote Telidon input terminal at local minority newspapers • A minority business enterprise admia- istration position to ensure minority business involvement in local progr g • A cOM4l. +nt to involve local black organisations in cosmunity programming eflorts • 11 channels dedicated in whole Or Pan to minority PrOgr&MR1,09 $375,000 (Tsars 1-S)* (•Calculated an the assurip• tion that the City places the $2,500,000 advance in an account bearing 1St Interest for S yeQrm at which time the iiii fees due the City will approximate $2,300,000.) $100,000 $3,500,000 (Tears 1-13) $500,000 (Tears 1-15) $7,473,000 f •iY.'Fv ���: 1 •ai t Y � tTllt MIN ARTIAIVOWN't • prepayment 0f License tees z= i • rimdin4 for public Access Corporation • randing for •Miami Together* project +i . • =�mdinq for *Crime Match' Protect TO fGlttC ACElICIEs A(10 CO!!(tMiTY ESTIMATED VAttt'd 092-TINE aituwmr. , • ,. ,r ,s � r $2,3000000* $373,000 (Years — ) (•This is considered as an advance of fees (*Calculated on the 60s0096 tian that the City places due in later years. not a gift, and is the $2,300.000 advance in F an account bearyinng 1S%therefore not for 5 interestime in total below�oluded o which the licenseat fees due the City will approximste $2,300,000.) 3 11.300000 $100,000 $3,600,000 (Years 1•iSl $500,000 (Years 1-15) TOTALS (15 Years) $1,300,000 $7,475,000 I8) ITEMS MITE NO DOLLAR VALVE t • minority television production training Program • Teliden input terminals at numerous minority organisations • Community production center in several predominantly minority neighborhoods • Community origination points at numerous minority organisations • Members of minority groups on every advisory board affecting local programming • Digital services time-shared in two and sometimes three languages • community viewing cantors in awry minority community • programming department hiring practices which will endeavor to exceed EEO requirement • System design allowing narrowcasting to predominately minority neighborhood • A news production program originating at radio station MQeA • A remote Talidon input terminal at local minority newspapers • A minority business enterprise admin- istration position to ensure minority business invcivement in local Programs g • A commitment to involve local black organisations in Cosantnity Programming efforts • 11 channels dedicated in whole 09 part to minority programming ����� ��'� � (�pp�j�GW6lilili%IiI�IVIIIIId YI��II6�luI�III�III1dI111111111 111111i Jlll lrli d 1 11 � 1-III I Ill rf _ll . l i .III, rirrrorrri�irrllrYliiii�111Y iYriYiYlfrYlYli illlfYilYfiYi�iil ills lllY- Yiil �IIiIlt�liYYlwliMi�Mlf - .� - - .`, @;^rs ":�",�.q;ic FIGURE 4 .,, STAR NICLSON CABLEVISION OF MIAi INC. IN r v':i,,,;.;-r•.E`'zl,MZ r. ,a:.',r i SIX ► s .y �., TMENT TO PUBLIC AGENCIES AND C(J MUNITY .. �a;�.:.4e, `';i?::. , �� - '� ice, C�fLi! .� _l1 _. •�-" : (A) ITEMS WITS hO "M g'ALi� : s • Donation to City for development of institutional services • partial funding for Public Access Corporation _ • Establishment of Cable Training Canter TOTALS (is years) (8) ITEMS WITH No DOLLAR VALVE spsC2FIIDs • Wi2l encourage the Public �sCorporation to aggressively pursue iesi • Will purchase minority community productions for the Family Movie Channels • Plans to involve minorities in the advisory responsible for program development • Carriage of Ch. 23-WLTV (Spanish) on all tiers of service • Paid internships in cable television for all residents of Miami, including minority groups • Narrowcasting service on the subscriber network ° 21 Viewing Centers in minority communities • Employment practices exceeding state and federal requirements 100,000 $ 100,000 $ 350000 (year 1) 150:000 (years 2-15) $ 5,450,000 ,2 �2 V r+' /' SM Wihhin Baufw&d • Suite & lw Anwift. CNilornis 0Mj July 13, 1981 Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Decor Mr. Gary: (213)11"to During the June 29 Commission meeting, Mayor Ferre requested that we supply the City with a list of communications attorneys, located outside of the City of Miami, who might be retained to assist the City in negotiating a cable television license agreement. My first choice would be Mr. Martin E. Firestone, of the law firm of Sanford, Adams, McCullough & Beard, 1156 Fifteenth Street, N.W., Washington, D.C. 20005 (telephone (202) 223-66801. Mr. Firestone was recently retained by the City of New Orleans for the same task, and in that capacity we both parti- cipated in the franchise agreement negotiations. I can recommend Mr. Firestone unhesitatingly, as a result of this experience. A second suggestion is the firm of Cole, Raywid & Braverman, 1919 Pennsylvanis Avenue, N.W., Washington, D.C. 20006 [telephone (202) 659-97501. I am acquainted with two of the firm's senior partners, Alan Raywid and John P. Cole, Jr. Both are knowledgeable in cable television matters. I am not familiar, however, with their client list and whether there might be any potential con- flict with cable industry clients. I hope that this material is of assistance. Sincerely, CARL PILNICR President CP/k rol z COMM UNrCATANAGEMENT` + _RP* OM WiNhlre Nbulftrd $Uhl Let AtOl", CO NWhIA OW (213) W 10 •" i July 13 p 1981 - 1` M,r. Howard V. Gary City Manager _ City of Miami City Hall 3600 Pan American Drive :. Miami, Florida 33133 Dear Mr. Gary: s In response to Mayor Ferre's request during the City Commission's meeting of June 260, Telecommunications Management Corp. is pleased to submit this proposal to provide consultant the City of Miami during the process of negotiating assistance to a license agreement with the company Commission selected bylthe as the leading contender for able e We believe that the tasks outlined in the attached Scope of Work provide the framework for proceeding through the nego- tiation process in an orderly and expeditious way, while taking full account of the interests of the City, its agencies and other public and community institutions and organizations. Thank you for the opportunity to offer our services again to the City of Miami. Sincerely, CARL PILNICK President The Consultant, Telecommunications. provide consultant services to the City ofa inCeu •off the negotiation of a table television license agreement iup � shof all the City and the aPP ee contender for a licenseaawarSelected bd.y the Cityas leading en II. TASKS Work The following tasks shall be included within the Scope of ° M- -•-• - - - of The Consultant shall prepare a draft lice agreement for the Cityes review. nee went shall be based on the designated agree - license application, and shall incorporate applicant's all commitments and offers made b rpe a appli- cant It shall include specific dollar values and implementation schedules for each commit- ment, and shall provide for the necessary enforceability provisions, includin - priate penalties, to assure a high level o confidence that the applicant will meet itof s comnitmsnts in a timely fashion. ° Task 2 -- preparation of In addition to the commitments the applicant's license contained in proposal, the Consulttant shall prepare a list of additional items to negotiated. These shall include cable System features desired by various Cit departments (including but not limited to polic, Fire Computers and Communication! -departments) , and also by other public organiztions and xad groups that have an interest in future cable community services. C-z N 15'.1 byl, ft 2. &A Thd Consultant will coordinate these adds- ti0n&l items with the City, with the objec- tive of establishing the City's policy and priorities for the negotiation process. i Task.3 Participation in Negotiations The Consultant shall participate in all negotiations with the license applicant, in support of the City's negotiating team, including but not limited to the City Manager, City Attorney, and any special counsel that may be retained, or others designated by the City. The Consultant shall provide all assistance requested by the City, and shall continue to participate until a mutually satisfactory license agreement has been reached. The Consultant shall brief the City Commission, and attend relevant Commission meetings, as requested, t rough the date of final adoption by the City of the license agreement. III.. SCHEDULE Task 1 and Task 2 shall be completed within four weeks of authorization to proceed. Task 3 shall be completed in accordance with the negotiation schedule established by the City. IV. PERSONNEL Mr. Carl Pilnick, President of Telecommunications Management Corp., shall be the principal consultant responsible for all tasks, with support from other Telecommunications Management Corp. personnel as required. V. COST The cost for Tasks 1, 2 and 3 shall be $71,8001 on a firm, fixed -price basis, plus travel expenses at cost. The Consultant shall invoice $4,800 at the conclusion of Tasks 1 and 2, and $3,000 at the conclusion of Task 3. AND DIRECTIVES ROM CULE T'6LEVISION HEARIN8 1r;:: ' July is 1991 •t N111Ptes rMining from presentations and rebuttals to be used by companies fit-bo tbuetion hearing July 14, 1981: Miami 'tole+Communications 6 minutes Americable 6 minutes Vision Cable 4 Minutes Cablesystems 14 minutes Six Star Nielson 32 minutes "batting order"for use of remaining time: 1. Cablesystems 2. Six Star Nielson 3. Miami Tele-Communications 4. Americable S. Vision Cable Continue Mr. Pilnick's services by amending existing contract. Draft agreement -^ supplied by Mr. Piinick on his return, July 14, 1981. DIRECTIVES: Pilnick - Submit written report to commission in answer to questions posed during hearing. advise commission on various features offered by companies which are not presently technologically feasible. Knox - Investigate all law suits involving any of the 5 bidding companies (either past or present) Clerk - Advertise continuation of public hearing to take place: July 14, 1981 at 2:30 p.m. .......� .••w►�... j--�. -.� .,.. ..... ....r• �. �'^Y9 �r',!!.•.P YA+r.n.\...�,�'r, K•� .l .w .,.. +y p.�. C«iF Y Mli - -. .. .. ... -_. .t�.ta -, I:CA�i1:1 �. .L.. i:+.5'F[.tiilJYfiv�ivY'i�A.'.l�iCif✓il :'i`iL . .. � g 1�1�1`1�. WMS AND DIRECtIVES PRM Cti_ ,ETURISIM WMI RSCO MCNDATIONS AND NEEDS: Pilnick: Most important phase of process is negotiations subsequent to award of license ( 2 months or less) * Comparison of proposals given to Miami and other cities * Identify benefits by ethnic groups(at request of Rev. Gibson) * Contact Miami Crime Commission for their input on crime related programs * Dollar value and timetable for benefits(at request of J.L.Plummer ) * How do rates compare nationwide? * What is the minimum number of channels dedicated for City use. * Get speedy commitment from FP&L * Clarify nebulous parts of proposal * Negotiate over and above the base items in proposal such as Fire and Police Programs * Hire an outside legal counsel with expertise in cable franchises (at request of Mayor Ferre) F.. TELECOMMUNICATIONS MANAG!;VAEI,,I"'I"' CORP. 83130 Wilshire Boulevard • Suite 800 • Los Angeles, Celifomi• 90048 (213) $63. 010 July 13, 1981 Mr. Howard V. Gary City Manager City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Gary: During the June 29 Commission meetirr„g, Mayor Ferre requested that we supply the City with a list of communications attorneys, located outside of the City of Miami, who might be retained to assist the City in negotiating a cable television license agreement. My first choice would be Mr. Martin E. Firestone, of the law firm of Sanford, Adams, McCullough & Beard, 1156 Fifteenth Street, N.W., Washington, D.C. 20005 [telephone (202) 223-66801. Mr. Firestone was recently retained by the City of New Orleans for the same task, and in that capacity we both parti- cipated in the franchise agreement negotiations. I can recommend Mr. Firestone unhesitatingly, as a result of this experience. A second suggestion is the firm of Cole, Raywid & Braverman, 1919 Pennsylvanis Avenue, N.W., Washington, D.C. 20006 [telephone (202) 659-97501. I am acquainted with two of the firm's senior partners, Alan Raywid and John P. Cole, Jr. Both are knowledgeable in cable television matters. I am not familiar, however, with their client list and whether there might be any potential con- flict with cable industry clients. CP/k I hope that this material is of assistance. Sincerely, CARP, PILNICK President 7/ 13/ 81 Sh a VERBATIM COMMENTS AT CLOSE OF MEETING OF JULY 7, 1981 Mayor Ferre: Now, before we leave ... before we leave, there are several other house- keeping things I need to do. In the first place, let me officially announce that there will be a continuation of this public hearing on the 14th of July at 2:30 p.m. and I would like to ask the Clerk to so advertise that this public hearing has been continued til that time so that we're legal. Now, lastly, so that again we do not have any problems as to what the batting order is in the final presentation. I would like to do the following. When we meet at 2:30 on the 14th we will be at the question level of the questions that have been asked Mr. Pilnick's written report the commission will then be asking questions of Mr. Pilnick and I will then open it up for questions by members of the commission of each of the different groups on questions that have been unanswered. Now, after that's all done and over with assuming all of those questions will have been answered, I will then permit the five applicants to have a final statement to the commission. Now, would 10 minutes be fair? Does anybody have any objections to 10 minutes? unidentified: I do Mayor Ferre: Five minutes? You do? Mr. Ca rollo: Why are we limiting ourselves to hear so little from these five companies. I for one feel that if this is such a important decision that we are about to take then we really should give each company whatever amount of time they feel they need to present.... Mayor Ferre: Okay, I have no problems with that as long as it's kept equal. I don't want to really give anybody any more time than somebody else because that would really be unfair. unidentified: Why don't you say 30 minutes or less? Mayor Ferre: Okay. Does anybody have any objections to a 30 minute presentation, final presentation,or less. I don't want it but Commissioner Carollo's made a valid point. Mr. Carollo: I want to make sure that whatever any company has to say.... Mayor Ferre: Alright, let me put it to you this way.. Mr. Carollo:..gets said Mayor Ferre:..Does anybody want more than 10 minutes? Does anybody of the five applicants want more than 10 minutes and this is going to be after you finish the meeting is over for presentations point of view, questions point of view and hopefully at that point we will be ready to vote. Mr. Plummer: Mayor, you overlooked one point. It is scheduled as a public hearing and you did not outline any time for the public.... Mayor Ferre: As you may recall, Commissioner Plummer, when we closed the public discussion portion by a vote I stated into the record that on the 14th I would reopen it again. Mr. Plummer: In this last five minutes, sir, you did not delineate a time frame for the public... 7t.lt 11 V PLY KARINOJ P614: 2) AM COWS At ENDA COMMISSION 9 'Wr Farret No girt in the last five minute the public will not have ten the public questions have been put in, I will in tunity This is after 811 � for PUD11C discussions Often al open O& , all AILC UU11404 4^nA06 hAW& AeLDA All +h& Allaku 1" - 011 Up after Mr. Pilnitk hat had all the opportunity to Make all the statements that 4yr:A. he wants to makes then we will turn around and give each one of those applicants 10 minutes to say whatever they want to and at that point the public portion and discussion is closed and I would hope we would get to a vote at that point. Now, does anybody have any objections to that procedure? I've got Janet, are you involved with any one of these groups? Alright, you come up here and you pick and you give back to me and this will be the order you will make the presentations. Number I will be Cablesystems. Number 2 will be Six Star Nielson, Number 3 Miami Telecommunications* Number 4 will be Americable and the last obviously is Vision, is Vision Cable. Mr. Carollo: Any more paper left in there* Janet? Mayor Ferre: Does that conclude our hearing then tonight? 4 P f V n v --v 0:, A4, 7L -4, I ............. qa. MEMORANDUCh Agenda ttaia 1io. 2 (f) to Honorable Mayor and Members OAte March 3, 1981 Board of County Commissioners SUBJECT Americable Assotiates' .......,..,4 FROM 4 Cable Television M. R WP � Franchise Cou yt't�� RECOMMENDATION While Americable Associates has not applied to renew its cable television franchise with Dade County, in order that those citizens of South Dade County presently being provided cable television service by Americable Associates can continue to receive such service, it is recommended that the Board approve the attached resolution, which grants Americable Associates a temporary (up to sixteen Oh months) renewal of its cable television franchise with Dade County, and which provides that Americable Associates shall apply to renew its cable television franchise with Dade County within thirty (30) days, or Dade County shall immediately initiate cancellation of license proceedings as provided for in the Dade County Code. BACKGROUND On March 2, 1971, Americable, Inc. was granted a non-exclusive cable television franchise for a period of ten years. On October 4, 1977, Dade County approved the acquisition of Americable, Inc.'s cable television license by Americable Associates. As of the writing of this memorandum (February 17, 1981), Americable Associates has not applied to renew its cable television franchise with Dade County. To legally install and operate a cable television system in Dade County, a company must possess a valid Dade County franchise. In order that those citizens of South Dade County presently being provided cable television service by Americable Associates can continue to receive such service, it is recommended that the Board approve the attached resolution granting Americable Associates a temporary renewal of its cable television franchise with Dade County, even though such a renewal has not been applied for by the licensee. The resolution provides that Americable Associates shall apply to renew its cable television franchise with Dade County within thirty (30) days, or Dade County shall immediately initiate cancellation of license proceedings as provided for in the Dade County Code. The resolution would renew Americable Associates' cable television franchise with Dade County for a period of up to sixteen (16) months. Such a period would permit for continuation of service provision during cancellation of license proceedings, should the same be initiated and would permit staff sufficient time to conduct a detailed investigation into the merits of renewing the franchise for a ten (ID) year period, should Americable Associates in fact apply for a franchise renewal. Further, such a time period would permit the public hearing to consider granting such a franchise renewal to coincide with the public hearing to review and possibly revise the priority service areas assigned to each cable television licensee on October 7 of last year. Nothing in the resolution, however. precludes Dade County from holding the franchise renewal hearing or taking any actions deemed necessary and appropriate (such as cancellation license proceedings) at any time during the sixteen (16) month period. Agenda item Iio. N ti) �t 3►3-81 RESOLUTION NO. RESOLUTION GRANTING AMERICABLE ASSOCIATES A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE _ FOR UNINCORPORATED DADE COUNTY AND THE CITIES OF FLORIDA CITY, HOMESTEAD, AND SOUTH MIAMI WHEREAS, on March 2, 1971, by Resolution No. R-356-71, Dade County granted Americable, Inc. a non-exclusive cable television franchise for a period of ten (10) years, subject to the conditions and requirements set forth in the Code of Metropolitan Cade County, as ' it may be amended from time to time; and � WHEREAS, on October 4, 1977, by Resolution No. R-1150-77, Dade County approved the acquisition of Americable Inc.'s cable television license by Americable Associates; and WHEREAS, on December 20, 1977, by Resolution No. R-1392-77, Dade County declared Ordinance No. 74-88, as amended by Ordinance No. 77-91, to be fully applicable to Americable Associates; and WHEREAS, on October 7, 1980, by Resolution No. R-1233-80, Dade County amended Resolution No. R-356-71, expanding Americable Associates' Dade County franchise area; and WHEREAS, Americable Associates has not applied to renew its cable television franchise with Dade County; and WHEREAS, the County Manager has fully considered the above -described situation and has annexed hereto his official report and recommendation, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, that: Section 1. Americable Associates is hereby granted a non-exclusive cable television franchise for Unincorporated Dade County and the Cities of Florida City, Homestead, and South Miami for a period of up to sixteen (16) months. 2- Agenda item lio. I (i) Page ft. 2 Section 3. Pursuant to Section BA-128 of the Code of Metropolitan Dade County, Americable Associates shall apply to renew its cable television franchise with Dade County within thirty (30) days, or Dade County shall immediately initiate cancellation of license proceedings pursuant to Section BA-143 of the Code of Metropolitan Dade County. Section 3. Should Americable Associates apply to renew its cable television franchise with Dade County within thirty (30) days, ' pursuant to the provisions of Section BA-128 of the Code of Metropolitan Dade County, Dade County shall, within sixteta ;'6) months, hold a public hearing to consider granting a franchise renewal to Americable Associates for a ten (10) year period pursuant to the provisions of Section BA-127 of the Code of Metropolitan Dade County. Section 4. Americable Associates shall fully comply with the provisions of Article IV of Chapter 8A of the Code of Metropolitan Dade County, as it may be amended from time to time. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle William G. Oliver Beverly B. Phillips James F. Redford, Jr. Harvey Ruvi n Barry D. Schreiber Ruth Shack Stephen P. Clark The Mayor thereupon declared the resolution duly passed and adopted this 3rd day of March, 1981. Approved by County Attorney a form and legal sufficiency.y DADE COUNTY. FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK By: Deputy Clert December 17, 1980 January 2, 1981 April 99 1981 April 10, 1981 2:00 p.m. May 12, 1981 June 8, 1981 June 18, 1981 June 26, 1981 1:00 P.M. July 7, 1981 4:00 p.m. July 14, 1981 9.:�o P. M 7/ 10/81 TIME TABLE FOR THE CABLE TELEVISION PROCESS FOR THE CITY OF MIAMI, FLORIDA Commission approved Request for Proposals (RFP's). Advertising and release of RFP's to prospective proposers. - Commission selected Mr. Carl Pilnick, President of Telecommunications Management Corporation (TMC) to be cable t.v. consultant to Miami. Five (5) cable television proposals received by the City of Miami -Office of the City Clerk. Comparative Summary from TMC received by the City. Copies mailed to all 5 cable television applicants. Evaluation of proposals from TMC delivered to City and each of the 5 companies. Cable television applicants' responses to consultant's evaluation mailed or delivered to consultant and City. Copies distributed to all companies and commission. First Public Hearing - Special Commission Meeting - Final report by TMC submitted by Carl Pilnick. Representatives from 5 companies invited. Second Public Hearing - Special Commission Meeting - Attended by Carl Pilnick, each company will make a presentation and public may comment. Continuation of Public Hearing held on July 7, 1981. Continuation of: Questions and Answers between Mr. Pilnick and the Commission; Questions and Answers between the Commission and the Company Represen- tatives. ............... Lo II Culture and the Arts i EENEPITS TO MIAMI Contributions Value Culture and the Arts Services e Cultural Arts and $1,500,000 a Obtained the language rights to Ethnic Heritage Fund BBC programming to cablecast on the Spanish -Language local e Staff for Cable * origination channel, Comunidad Miami Hispana Cable TV, and its Spanish -language premium *Royalty Fees and 195,000 service, Cine Latino. Copyright Fees *Automated schedule of events e Remote Keyboards 18,000 and activities in the arts and culture communities in three e Satellite Uplink 500,000 languages on the cultural channel when there is no video $2,213,000 programming. * Induded In $13,100,OW gaff figure, page 4. *Arts and culture groups access to color studios, mobile vans equipped with remote studio equipment, portable video production units and editing facilities to create programming for the cultural access, M-PACT, and other public access channels. e Technical assistance and training In video production through our access studios for members of arts and culture organizations. e Produce several series on local origination channel that will give exposure to local cultural groups and artists. e A number of satellite services to respond to the needs of the arts and culture community. - SPN - a composite of documentary and entertainment (includes Telefrance USA and Studio I, a new service featuring Italian programming) - CBS Cable - a new service of cultural programming - A.R.T.S. - a new cultural programming service from ABC - Cine Latino - the Spanish language premium service - Alpha - a new service of performing and visual arts programming - The Entertainment Channel - Rockefeller Center television and BBC programming. 1 BlaCk Community Contributions • Liberty City Access Studio • Mobile Production Van • Staff for Access Center • Florida Memorial College TV Studio is Florida Memorial College FM Studio • Staff for FMC is Staff for Cable Miami • Four Community Viewing Centers • Three Remote Keyboards is Miami Public Access Cable Value $ 110,000 50,000 45,000 15,000 * 18,000 18,000 1,500,000 $1,756,000 * Included in $13,100.000 staff figure, page 4. Jobs Jobs in the cable system for Blacks will be in at least the same proportion as the black population in the city. These jobs will be in all levels of the operation. In other words, at least 25% of the cable system employees will be members of the Black Community. MTC will provide necessary funding to train Blacks to fill these positions in cooperation with OIC and other Miami agencies. GIEWITE TO MIAMI Black Community Services • Free training of residents at Access Center • Dedicated channel for Blacks • Three designated seats on the Board of Directors of M-PACT, the public access non-profit corporation. • Dedicated channel to be shared by Florida Memorial College and Black Entertainment Television satellite service. is Channel space reserved for City Venture Corporation to aid its efforts to provide jobs in Liberty City. • Dedicated radio access channel for Florida Memorial College • Ongoing community ascertainment, the "Public Pulse", to insure continuing updated response to the needs of the minority community. • CableLogue, a special feature of the MTC design to provide live, face-to-face dialogues between people at various locations throughout the City, including the North Regional Access Center and the Community Viewing Centers located in Black neighborhoods. • Programming of interest to Blacks will be produced on Cable Miami, MTC's local origination channel, such as "Business and You", "Blacks of Diaspora", "Career and Educational Development", "Parenting", "Pre - School Readiness", "You and the Law". 2 • i i Yr f 1TY1 YY ���' Hispanic Community Contributions • Access Studio in Little Havana • Mobile Production Van • Staff for Access Studio • Spanish Radio Studio • Two Community Viewing Centers • Two Remote Keyboards • Spanish Public Television Production and Training Jobs Jobs in the cable system for Hispanics will be in at least the same proportion as the Hispanic population in the city. These jobs will be in all levels of the operation. In other words, at least 59% of the cable system employees will be members of the Hispanic Community. MTC will provide necessary funding to train Hispanics to fill these positions in cooperation with OIC and other Miami agencies. Hispanic Community Services • Free training for residents at Little Havana Access Center. $1,500,000 • Local origination program featuring artistic and cultural Hispanic events and individuals (1 $2,068,000 hour/week). Value $ 400,000 135,000 15,000 9,000 9,000 * Included in $13,100,000 staff figure, page 4, • Local origination program series focusing on all elements of Miami's Hispanic population. • An English language series produced in cooperation with educational organizations and bilingual experts. • Work with organizations such as Refugee Assistance Program to provide GED, ESL, and citizenship classes on cable television. • Work with Centro Mater to develop a valuable package of programming for Friendly City, our local origination channel for new immigrants. • Ten channels will be devoted to full time video programming in Spanish while four others will carry Spanish programming on a part-time basis. 13ENEFITS TO N1IAMI • A fully programmed, Spanish - language local origination channel has been developed -- Tele-Cable Hispano-Miami, on the free Palmetto tier. • A dedicated channel for Spanish Public Television will include entertainment, educational, and informational programming. • Three Spanish -language services to Miami's Hispanic community of updated world news and information 24 hours a day. • MTC will provide a Spanish - language cable radio studio at its central access facility and a full time FM station for Spanish Cable Radio. 3 u DSNVITS TO MIAMI General Assistance to Community at Large - Disadvantaged Contributions Value Contributions Value Value of • Scholarship Fund $ 50,000 • Foundation for $ 150,000 contributions listed $28,180,000 - institutional Network • Vocational Training 250,000 Development There are other contributions to the Miami Community, both in terms of • Foresee Crime System 400,000 real dollars and the effects of $ 300,000 associated business enterprises. • Surveillance Cameras 100,000 For example, MTC commits to utilizing Black and Hispanic _ • Miami - Public 2,800,000 contractors, installers, suppliers and Access Cable ancillary services which will funnel millions of dollars into the economy. • Crime Watch 500,000 The listings above should not be considered complete. Many other • Maintenance and 900,000 areas of contributions are included Repair of Production in our proposal. Equipment • Upgrading and 2,000,000 Repairing Studios 9 Insurance for 1,000,000 Studios • Staff for Crime Watch • Community Studios 893,000 and Vans • Staff and Materials 13,100,000 for Studios (includes minority assistance) $21,843,000 4 PATF I SecreterV MICHAEL E. LEPP Treasurer BOARD OF DIRECTORS: JUDY ALEXANDER CRYSTAL AXON MARY BABCOCK ANITA BJORK MARIAMNE BRAUZER, ACSW THEOLA BRIGHT I BARBARA BROEDER EVELYN COHAN g CAROLYN DUBOIS SHEILA FREEMAN JOSE E. FUENTE THE HOW JUDGE WILLIAM E. GLADSTONE CHARLOTTE GREENBARG CHARLES HALL i MARY HELEN HAYDEN { LT. LEONARD HUARD A. LESTER LANGER. ESQ. j JOHN MOTION SYLVIA OBERSTEIN HAZEL LEFLEUR ROLLE HORTENSIA SANCHEZ NEW RICARDO SANCHEZ REBECCA JONES•WALKER —; EUGENIA WEAVER STAFF: MARY D. TAYLOR Executive Director MERYLE S. WEISS, MSW Social Worker PATRICIA A. HOWARD, M.S. Social Worker GLORIA SIMMONS Crisis Nursery Program Director DORA O. RODRIGUEZ Administrative Auiatent EUNICE HANESS Bookkeeper Directors zn agency --- education, to urge your consideration of CABLESYSTEMS MIAMI. In awarding the Cable TV franchise, you and your fellow commissioners have a chance to impact on the social problems of Miami without the need for additional tax dollars - particularly on prevention programs focused on community education. As Commissioners, who will be struggling with enormous cuts in Federal funds and the increased community tensions that will forced upon an already overstrained community, I feel it is imperative that you consider the potential benefits and dollars saved to the city through effective preventative education programs such as through effective parenting skills and coping skills programs; through programs that seek to reduce those community tensions through greater intercultural understanding; and through programs that seek to reduce the isolation of the elderly and of other groups. These prevention programs have the highest cost benefits, are among the most cost effective of solutions, and are the first to be cut when money is tight. CABLESYSTEMS MIAMI is the one applicant I believe is serious about its commitment to the community: 1. It sought out our agency, as it did 1,100 community groups for input and specific programming plans. 2. It set up five Advisory Boards prior to its application to ensure community input. 3. CABLESYSTEMS also has the most experience of any Cable TV company in community programming. 4. It has made a significant financial commitment to Miami of 3.7 million in specific grants to specific groups 10 A United Way Agency through its intercultural programming component "Miami Together". 30 SOUTHEAST EIGHTH STREET, SUITE 104 / MIAMI, FLORIDA 33131 / PHONE (305) 358-8238 _40:,- 1tsoul?c '0 0 OFFICERS: TERESA S. ZOHN President PATRICIA EVERETT-JOHNSON 1st Vice President CAROL VON ARX 2nd Vice President GARLIN LEWIS Secretary MICHAEL E. LEPP Treasurer BOARD OF DIRECTORS: JUDY ALEXANDER CRYSTAL AXON MARY BABCOCK ANITA BJORK MARIAMNE BRAUZER, ACSW THEOLA BRIGHT BARBARA 8ROEDER EVELYN COHAN CAROLYN DUBOIS SHEILA FREEMAN JOSE E. FUENTE THE HON. JUDGE WILLIAM E. GLADSTONE CHARLOTTE GREENBARG CHARLES HALL MARY HELEN HAYDEN LT. LEONARD HUARD A. LESTER LANGER, ESQ. JOHN MOTION SYLVIA OBERSTEIN HAZEL LEFLEUR ROLLE HORTENSIA SANCHEZ RICARDO SANCHEZ REBECCA JONES•WALKER EUGENIA WEAVER STAFF: MARY D. TAYLOR Executive Director MERYLE S. WEISS, MSW Social Worker PATRICIA A. HOWARD. M.S. Social Worker GLORIA SIMMONS Crisis Nursery Program Director DORA 0. RODRIGUEZ Administrative Assistant EUNICE HANESS Bookkeeper July 9, 1981 The Honorable Maurice A. Ferre Mayor of the City of Miami P.O. Box 33-0708 Miami, Fla. 33133 Dear Mayor Ferre: I can writing to you as a member of the Board of Directors of the Parent Resource Center of Dade County, Inc., an agency concerned with child abuse prevention and parenting education, to urge your consideration of CABLESYSTEMS MIAMI. In awarding the Cable TV franchise, you and your fellow commissioners have a chance to impact on the social problems of Miami without the need for additional tax dollars - particularly on prevention programs focused on community education. As Commissioners, who wilt be struggling with enormous cuts in Federal funds and the increased community tensions that will forced upon an already overstrained cormmunity, I feel it is imperative that you consider the potential benefits and dollars saved to the city through effective preventative education programs such as through effective parenting skills and coping skills programs; through programs that seek to reduce those community tensions through greater intercultural understanding; and through programs that seek to reduce the isolation of the elderly and of other groups. These prevention programs have the highest cost benefits, are among the most cost effective of solutions, and are the first to be cut when money is tight. CABLESYSTEMS MIAMI is the one applicant I believe is serious about its commitment to the community: 1. It sought out our agency, as it did 1,100 community groups for input and specific programming plans. 2. It set up five Advisory Boards prior to its application to ensure community input. 3. CABLESYSTEMS also has the most experience of any Cable TV company in community programming. 4. It has made a significant financial commitment to Miami of 3.7 million in specific grants to specific groups 0A L"ted My Agemy through its intercultural programming component "Miami Together". 30 SOUTHEAST EIGHTH STREET, SUITE 104 / MIAMI, FLORIDA 33131 / PHONE (305) 358.8238 a�:„ ,a.,., »-eps,;,+ic ,�:'n,:p ,( � e?.�i.::•`",,,t;,,,.��,`x��. �, �..t w-t , u - -., >�.�,k •e$a`•r`uw�•="�'hry%' - � '7~' tl••�.�� "4bF?�.r�: .irt'":,L?.�` -ti tx ', i,4r: "-}Y ...;yhaF,mfik• MY, . d, r •s .i ,eE.`P,., �•i^' _ ?<•+a- ;TC:- �<E $�, . •i;,5i r's' x.nia-" k•2•��� ��<:�r�2i: •``•}.r,,-m �s- �•s-_ - 3"i��� '?�=. , k .. �'f-_ •. i±� =;1i;'y.'..�tY}y,<,��'#�,.��'"�.t•�`,�,'�kN��`"I}. ��y yy{ .,;y y�/q,��,�y, �,y� ��,t�a/p�n�y� �yt{y� y{� �y d�tty gmwa '66 be �U4 �lS s to P"a'de tratn6vi Staft and teowntoaz aumort that; krtpr'zt �tgenaies nth tight budget could n8t othemzee •.: afford - to make coOMMity PrOgr4mlino a reality. - - .fin awmwWj I urge you to consider the impact of Cab Tetevzszon on dating with community social problems. Additional tax dollars for primary prevention projects can be r ducec if the company awarded the cable contract makes that et5ri rif, ent. CABS 'SYSTEM. MIAMI i s the applicant that has slro m the greatest cowrztment to the community and deserves your nxpport. Sincerely, — v},:.;t, '-°`� • �`, k e ,:.,i;:7. _ ..1,4 ,.:�::Y�u .C.i 1'. .« h: - ri_ ? ry7 —`;•}.4 ,SI, e-; ,`.'-=g.t,., i^y'4',s,k i �7 `•N��.;,tN�;'•' •e,�n,. �. .,�i*. ..Q�- ,$'"!��.' v'ate 4:�,;..F v - x MIAMI AND THE BEACHES JUNE 4-4 1982 NEW WURLD I & MYAL, I1VC. 1235 S.W. 22ND TERRACE, MIAMI, EIDRID�A 33t43 D'f) 83A-" duly �� 19$1 IiEor 'Cim nli ssianer: Stan you will be approving the license for cable Cm mmications in Miami. i know you will make your consideration both on the history and professionalism of the eatpany as well as the campany's carp-ni.tment to Miami. As one of the leaders of the cultural. ca►4►auAty of N,,i.ami, T ask that you give the most serious consideration to the cable applicant who will do the most for Arts Programuing. Now rrore than ever, in the face of budget cuts in the Arts, the vamnmity will need all the possible help in pimmtang cultural activities. Cordially, HOWAM DANDO Artistic Coordinator HD:jf } A' _ BRANCH OFnCER& OR. WLLIAM R. PERRY. JR. President MRS. HAMSYVONNE HAS I`" Vice Pre.iderM GERALD AL WILLIAMS. EDO. Second Vke-PtetidMM ROBERT O. BEATTY. ESO. Third YKy-PnoftM MS. ARLENE R. BETHEL se emery US, SANDRA PARAMORE A"810M seas" MS. EVELYN RODRIOM Tnuurer EXECUTIVE COMMITTEE Ohm Leatrice Damue Al Dotson John Due. Esa. Robert Edwade Georpe Few*M Eddie Folds, Esp. Mn. Dory Hut Al Hope Mm Made Hope V"M Lawson, ql Dr. Jernn 0. MCOAM N. Carle NM.ak Joseph Miedl.brooke Ms. Dorelh. MW" Thomas Par.at Mn. Marie Portia Dr. POW Pa Dr, Ho&s Price Mt Jackie Spume Dr. A -chard Slrachen Clarence Thompson sorry wrium Mrs. Diane White MM Debra Wiainna W Eunice Young YOUTH GIBER Tananarive Due Mr. Curios, H.dlry MM Athebe Rape Ilk Gain R..ww Or. 0 0 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE GREATER MIAMI BRANCH 4610 N. W. Sanfam AVKNUZ MIAMI. FLORIDA 33137 13031751.6070 July 7, 1981 Mayor -Maurice Ferre' City of Miami, City Hall 3500 Pan American Drive Miami, FL 33133 Dear Mayor Ferre': cLOW eSS ... -�� ce We recognize that you and members of the City Com- mission are in the process of making a decision relative to selecting a company to contract with, for the rights to cable television. We also re- cognize, that millions of dollars will flow to the company that is finally selected, and that a sizeable portion of such monies will be derived from the Black community. Consequently, we call upon you and the Commissioners, to make sure that the Black citizens of Miami collectively receive some benefits from this major venture. As you make the selection we ask that you give favorable consideration to the company that is willing to demonstrably put forth the following: 1: Hold in reserve no less than 15 channels for future control by the Black community. 2. Work in conjunction with the Dade County Public Schools to implement specific training programs in va- rious areas of telecommunications management, operations, etc. for Black citizens of Miami. 3. Make available to the Black com- munity equipment and programming facilities. 4. Create an oversight committee to plan, implement and monitor Black access, quality and extent of Black programming, Black participation, Black employment, training and up- ward mobility. Persons to serve on this committee should be recom- mended by community based organizations. u•7�N4v that 3% of all profits p fits be laced .r L F .r. trust fund to support the momunity based te le co=nunicat ions operation. The work force of the awardee XA� reflect the racial composition of the work force of the com- „ny ttunity, and that such a dis- ttibution be reflected across all levels of employment. 7. Create Black owned and operated iA - - businesses to contract with the awardee for industry related ; materials, supplies, and equipment. ' ):a 1.3 In light of the tremendous profits to be made, we consider the above to be a minimum level contribution. '. to the well being of our community. Furthermore, such conditions serve as determinors relative to the bidders social and moral responsibilities. As our elected repres tative we ask that you work with the commissioner to liver the above. Sincerely; William R. Perry J ' President WRP:klm cc: City Commissioners City Manager w• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTAL • :"r :: i`. ..�..'. ..�.: :-g IV�i r CABLESYSTEMS MIAMI Projected License Fee Payment Schedule Fee (5% of ;ross Revenue) $ 63,600 4919300 7929900 1,033,700 1,096,900 1,299,250 1,360,200 1,586,950 1,643,900 1,900,050 1,949,850 2,249,600 2,292,050 2,644,800 29707,900 $23,112,950 4r 14 � el License Fee Accumulated Accumulation /` � of Payment Schedule Payment License Fee (Minimum Payment to the City (Credit) $500,000) A, SIo, 000 w *, 500 , 000{' $ $,d00 0000 500,000 3,90,000 5009000 JK600,000 500,000 4 J'00,000 500,000 x"800,000 5009000 5 J'00,000 1,137,650 6,137,850 1,586,950 7,724,800 1,643,900 9,368,700 1,900,050 11,268,750 1,949,850 13,218,600 2,249,600 15,468,200 2,292,050 17,760,250 2,644,800 20,405,050 2,707,900 239112,950 * First Year Payment of $2,500,000 by Proposer Note: $500,000 Minimum Annual Payment required by Cable Regulation Ordinance Value of $2,500,000 Prepaid License Fee over the life of the Agreement (15 years): @ 10% _ $10,433,120 @ 15% _ $20,342,650 FROM: RUM P. CLARK, ESQ. Deputy City Attorney H G. ONGIE City Clerk Pursuant to request contained in your memorandum dated August 14, 1981, enclosed herein please find an excerpt from the Minutes of the July 14th City Commission meeting in connection with cable television reflecting all statements made by W. Barry Kutun (who represented one of the cable television applicants) before the City Commission during the proceedings. If we can be of further assistance, please do not hesitate to call. RGO:MH:sm Encl.a /s erre Or MIAMI. r'LOa1DA IN ?!R frr`ICE MEMORANDUM bArt: August 17, 1981 sua.ttct: Special Transcript requeet re Cale Television.. REFERENCES: ENCLOsuRES: cc: Honorable Members of the City Commission Howard V. Gary, City Manager John J. Copelan, Jr., Esq., Assistant City Attorney ts, Ralph G. Ongie, City Clerk mot: August 14, 1981 +lum Attn: Matty Hirai. Asst, City Clerk surttctCable Television ROOM. 4 gefty4 Robert F. Clark Deputy City Attorney Your transcript should be made available to the City Manager and this office. COY or WA*. PL+�g1bA IN` SPI.O rirlCE MLMd1 ANDUM Pursuant to a request from Commissioner Carollo, please transcribe into written form the portion of the July 14, 1981 Special Meeting which reflects all comments pertaining to the statement from Barry Rutun (representing one of the cable television applicants) with reference to the involv ment of Charles Hermanowski or Americable "...in New Jersey Franchises ". We also request that you transcribe an refer- ences y Mr. Kutun to any other applicant's involvement n ,franchises which were not disclosed In Tie app ca on o the applicants. Your immediate attention to this request will be greatly appreciated. RFC /rr cc: Commissioner Carollo Howard V. Gary, City Manager John J. Copelan, Jr., Asst. City Attorney REf E ReN C ts: ENCLOSURES: It ;ph G Ongie, City Clerk Attiit tatty Hirai Asst, City Clerk aRoM: Robert F. Clark Deputy City Attorney tire O MIAMI. r INTEN4rrle MEMORANDUM • D OE: swum/Cable Television REFERENCES. ENCLOSURES: August 14, 1981 Pursuant to a request from Commissioner Carollo, please transcribe into written form the portion of the July 14, 1981 Special Meeting which reflects all comments pertaining to the statement from Barry Kutun (representing one of the cable television applicants) with reference to the involve- ment of Charles Hermanowski or Americable "...in New Jersey Franchises ". We also request that you transcribe any refer- ences by Mr. Kutun to any other applicant's involvement in franchises which were not disclosed in the application of the applicants. Your transcript should be made available to the City Manager and this office. Your immediate attention to this request will be greatly appreciated. RFC /rr cc: Commissioner Carollo Howard V. Gary, City Manager John J. Copelan, Jr., Asst. City Attorney