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
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time schedule. Therefore, I would appreciate receiving your views at your earliest
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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
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At'II YPAT D U9gS_ b TKE__tMenTuTtONAL_10
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L Public Interest Programmingfnz
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a.
Municipal Programming
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council meetings.".==`:
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planning and zoning board meetings--
. city hall reports
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meeting schedules and information about all city
governmental services
. in-service training (with or without channel security)
Alfor
policemen and ftremen, personnel Indoctrination,';::'..:,<'
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supervisory training, first aid, safety and continuing
education
. public legal information on licenses, zoning, city
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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
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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
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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
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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
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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.
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to award of license ( months or less) '
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'� d other ei ti e�i
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- ; -�, * Comparison of p given to Miami an
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rou s at re oast of Revr Gibson•
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,,': `_ tr= * ti f benefits bye g p :: n'`;.
�,;L, t:: _ fission for their input on crime .: `- ',-,
=:t ; ' _ ; ,r, r, * Contact Miami Crime Comm:-
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;':zry t�:.:-0. -
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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
'„ ` - ;',
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', '`' * 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)
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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.
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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
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-
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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
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j,
s:;, 3"
�
�t„ ✓gL4�;. '�' •fit„ � .
.v1 c'G'��,�.,•.t`�'. -�'. tIF
,
0-1
fC.< 4
Y,p
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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
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X
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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
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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
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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
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"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
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� 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.
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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
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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
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e y
,3 }�
���aa .. v.(Sr., x r .. ..',M. `.'Mi KHn._l`6"'..• .
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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
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,• 3t. r.+ai
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d V_Y {
.t
_ 3 .a�
S
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�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
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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
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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
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'i ,,,,,,� ELECt�IVIIV UNICATIONS MANAGEMENT CORPS
6380 Wilshire Boulevard Suite Los Angeles, California s')004r� (213185310
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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
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Mr. Howard V. Gary
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City Manager
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City of Miami
City Hall
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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
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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.
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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.
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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.
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_ ""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. 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.
3/
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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
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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{
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y{5�i ,`-
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"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.
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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
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v --v
0:,
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-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