HomeMy WebLinkAboutItem #06 - Discussion Itemj
CITY OF MIA -.!I, : (-L-)WPA
• INTER -OFFICE `IEt�10RANDl !1 1
_ Mayor and Members Oa-E December 10, 1980
of the City Commission
Cable Television Regulation
Ordinance and Request for
Proposals
Richard L. Fosmoen REFER E'L_FS
City Manager
Et:JLO SUPF.
Changes to the Cable Regulation Ordinance passed on first reading on
October 30, 1980, that were requested by the City Commission on
November 26, 1930 have been included in the Ordinance being presented
for second and final reading. A summary of these changes is attached.
Also included for Commission consideration and approval is a second 0,
draft of the Request For Proposals to provide Cable Television services
to Miami. A summary of those changes is also attached. An important
change in the Ordinance would permit the City to receive minimum
quarterly payments that would later be credited to future License fee
payments that exceed the minimum payment. These payments are tied to
the Consumer Price Index.
- Once these two documents have been approved the next step would be to
advertise locally and nationally, five local papers and four national
_
Trade Journals will be used.
„4<=
The attached Resolution authorizes the advertisement of this project
and sets up S9,000 to be used to pay expenses incurred to date and
cover any costs necessary in the proposal process prior to receiving
proposals in I?arch.
'ram
- The next step will be to bring to the Commission the names and qualifi-
cations of several consultants to assist the Commission in selecting a
professional proposal evaluator. All of the City's costs for the entire_
Cable Television proposal process can be recovered through the required
non-refundable bidding fees and from the successful proposer, There are
at least 15 Cable Companies that have indicated an interest in bidding
on the !•liami License. Some are among the largest Cable Companies in the
world. While many large cities have received four to five bidders it
- should be noted that the larger the number of proposals submitted the
_
more difficult it will be to make an evaluation. The attached list
shows the Cable Companies that have expressed an interest in the Miami
�=
Cable Television License.
J
SUMMARY OF CHANGES
TO THE
CABLE TELEVISION REGULATION ORDINANCE
Page 6 - Section 5. LICENSE FEE.
A. A Licensee shall pay to the City a sum equal to five percent (5°"I)
of the total gross aHHea4 revenues of the Licensee from all sedrees services in
the City which sum shall be paid quarterly as provided in the ordinance granting
the license. Licensee shall cooperate with and assist the City in seeking any
waivers necessary for obtaining a fee in an amount higher than three percent (3').
The license fee way shall be subject to renegotiation at a higher percentage rate
at such time as laws and regulations permit.
B. Not%,iithstanding the above payments required in paragraph, A,
Licensee shall pay to the City a minimum quarterly payment of S125,000, pay-
able beninnina on the effective date of the license and quarterly thereafter
as provided in the ordinance granting the license. The minimum payment shall
be adjusted quarterly to reflect chances in the Consumer Price Index. Such
payrents hereunder that are in excess of the five percent 5 , license fee,
as provided for in paragraph A, shall be credited against future license fee
payments due to the City by the licensee in excess of the minimum payment.
Page 7 - Section 7. APPLICATION PROCEDURES
B (5) A full disclosure of all agreements and understandings, whether
written, oral, or implied, between the applicant and any other person with re-
spect to the ownership interests, sale of shares and/or buy back provisions
(dealing ,iith t e proposed cable television license.) prepesed 44eeHse eF the
prepese8EaP e to ev4s4en eperatieH.
Page 8 - Section 7. APPLICATION PROCEDURES
C. No application for a license shall be acted upon by the City
Manager until a publication of intention to award such a license has been
authorized by the City Commission soliciting the filing of applications. The
City ,janager shall then specify a date for a public hearing before the Commission.
After a hearing, the City Cor,inission shall select a successful applicant award a
44EeHse based upon its findings as to the qualifications of the applicant to
render satisfactory Cable Television Service. THe E4ty 6ewffl4ss4eR s deEYsi•ep eH
a44 shalt4 be f4Ha4 aHd ceHE4Hs4ye- The City Commission has the right
to waive any irregularities in the application or reject all applications.
D.
Once the
successful applicant has been
determined, but prior to the
adoption of
a separate
ordinance awarding a snecific
license, there snail be a
full disclosur(? cat ai
agreerents and uni it3rstanriings,
wlietner written or implied,
bet:reen tha
�D,)I is -nt
?nd any other per,,-)n -.lit.) resp oct
to thQ �;osed 1 i�r'nseir
the proposed
caplte elision caerati,.n. i' anv sucn 7;ritten agreements exists,
Words underlined are new. Words stFuEk thFaugh are deleted.
a copy thereof shall be provided.
E. The City Commission after a public hearing shall adopt an ordinance
awarding a specific license to an applicant, which ordinance shall contain con-
ditions and proposals for the construction, operation, rt2gulations and conduct
of Cable Television.
Page 9 - Section 8. LIMITATIONS.
D. The company shall promptly notify the City of any actual or proposed
change in, or transfer of, or acquisition by any other party of, control of the
Company. The word "control" as used herein includes not only major stockholders,
General Partners and Limited Partners but also includes actual working control in
whatever manner exercised. Every change of control, transfer of control or acqui-
sition of control of the Company shall make the license subject to cancellation
unless and until the City shall have consented thereto, which consent will not be
unreasonably withheld. For the purpose of determining whether it shall consent
to such change, transfer, or acquisition of control, the City may inquire into the
qualification of the prospective controlling party, and the Company shall assist
the City in any such inquiry. Nothing contained herein shall attempt to limit the
transfer of stock of any Licensee whose stock is traded on recognized stock ex-
changes and under the control of the Security Exchange Commission or similar
bodies. A rebuttable presumption that a transfer of control has occurred shall
arise upon the acquisition or accumulation by any person or group of persons of
five percent 5 of the voting shares of the licensee.
E. A mort,Laje or pledge of the cable system equipment, license, or
revenues, or aev part thereof, for financin ur��oses or othen�ise, shall be made
only with thc�_pi:joL_apJproval of the City_ Commission_ and shall be subject and sub-
ordinate to the rights of the city under this ordinance or applicable law.
F. The consent or approval of the City to any assignment, lease, trans-
fer, sublease, or riortgage of any license granted to any Licensee shall not con-
stitute a waiver or release of the rights of the City in and to the City streets.
G. In the absence of extraordinary circumstances, the City Commission
will not approve the assignment of any license by a Licensee prior to completion
of construction of the Cable Television System.
H. The City Commission reserves the right to review the purchase of
any transfer- or assignment of any system, and any assignee of any Licensee express-
ly agrees that any negotiated sale value which the City Commission deems unreason-
able will not be considered in the rate base for any subsequent request for rate
increases. Recovery by seller of the costs of construction of the syster;r plus
accumulated operating losses to date of sale, if any, shall not be considered an
unreasonable sales price.
Words underlined are new. Words straek through are deleted.
H. Neth4ng herein eo nta4med sha44 be deemed to impair or a€feet the
night of the City to aegu4fe the property of the L4eensee, either by purehase
of through the exere4se of the right of effl}nent deara4H, at a prtee re€1;eet;ve
of its €a4f raafket va4ee as an enge4ng eaReern or as etheFw*se provided herein,
and nothing herein sha;l; he eenstreed to eenstitete a waiver or bars to the
exer E4se of any gevernrflepta; right or peweF of the City.
Page 15- Section 14. LETTER OF CREDIT
F. In lieu of the letter of credit provided for above, the City
Commission may approve alternative means of establishing a security fund upon
request of the Licensee.
Page 22- Section 23. LOCAL SUBSCRIBER, SERVICE - COMPLAINTS
C. Whbre-subscriber complaints have not been resolved within two (2)
business days, as- provided in Section 23(A), the City Manager or his designee is
empowered,,among other things, to adjust, settle or compromise any controversy
arising frorh operations of the Licensee in accordance with the best interest of
the public -and rAK th due: regard to the respective interests of the subscriber and
the Licensee. 131 cases where requests for service have been ignored or unfilled
or r� whatever reason, the City Manager shall have the power to compel the Licensee
to provide service to all reasonable requests as the City Manager may determine.
Provided, that any; person aggrieved by a decision of the City Manager may appeal
the matter to the City Commission for hearing and determination. The City Com-
mission may accept, reject, or modify the decision of the City t-lanager, and may
adjust, settle- orr compromise any controversy arising from the operations of the
air
Licensee under y license granted pursuant to this ordinance. No adjustment,
— settlement, or compromise, whether instituted by the City P'anager or by the City
Commission shall be contrary to the provisions of this ordinance or of the license,
and neither the City -Manager nor the City Commission, in the adjustment, settle-
ment, or compromise of any controversy shall have the right or authority to add
to, modify, or delete any provision of this ordinance or of the license,
Page 23- Section,24. SUBSCRIBER PRIVACY •. USE OF DATA.
A. The Licensee shall not initiate or use any form, procedure, or
device for procuring information or data from subscribers' premises by use of
the Cable Television System without prior valid written authorization from each
subscriber so affected. Valid authorization shall mean written approval from the
subscriber. Said authorization shall not have been obtained from the subscriber
as a condition of service. Further, it shall be unlawful for Licensee without
such authorization, to activate or utilize any "Upstream Transmission Path" in any
manner from the subscribers' premises. In any case the subscriber shall have the
Words underlined are new. Words stru6{E through are deleted.
right and opportunity to deactivate the return path from the subscribers' premises.
Nothing herein contained shall prohibit the company from utilizing the upstream
path for billing purposes and to verify the integrity and performance of the Cable
System.
Page 27- Section 33. TECHNOLOGICAL IMPROVEMENTS TO SYSTEM.
At such time as technological advances shall become available to the
_ industry and shall be considered necessary and desirable by the City, the nego-
tiations shall be reopened by the City and the Company to provide the citizens of
Miami with the benefit of said technological advances. All updating, expansion or
rebuilding of the system shall be accomplished so as to preclude interruption of
service under this license and shall be subject to the approval of the City Manager.
- The Company shall not add or delete any service without the prior approval of the
Commission.
Page 28- Section 35. ANNUAL REPORTS AND AUDITS.
A (5). A complete reporting of any ownership of one percent (1%) or
more of shares of stock.
Page 30- Section 39. TERMINATION - CITY'S RIGHT TO ACQUIRE OR TO TRANSFER OWNERSHIP.
A (3) The 64ty aeguires the Cable Television Systew of a Lieeesee upem
payment to the Lieemsee of the fain RraFket value of the Cable Telev40eR Systew as
a geipg eeHeeFH, the faith waFket value to be detewwiHed by the City 6e�rwissiep.
Q. Upon termination or expiration, the Licensee, upon notification from
the City ',."anager, shall remove its entire Cable Television System which is visible
from the City streets t•rithin a reasonable time (not to exceed one year) after
expiration or termination and shall restore the premises to substantially the same
condition as before such removal unless the City elects to acquire the property of
the Licensee or unless the City elects to require the transfer of the property of
the Licensee in accordance with subsection C of this section. If the Licensee
fails to do so, the City shall have the right to remove the property of the Licensee
and resttore the premises at the Licensee's expense.
Page 32- Section 41. BOARD OF ARBITRATION - HEARING - EXPENSES.
A. Any controversy, claim, or dispute as to the determination of Fair
Market Value of the Cable Television System as a going concern, as called for under
ection n C shal I consist of one member appointed by the Licensee, one member
appointed -by the City Commission, and tie of r mem er to be a disinterested party
appointe y agreement of the other two members.
Words underlined are new. Words stfuek tbfeagb are deleted.
B. Demand for arbitration may be made by the Licensee or the City by
written notice sent certified mail, return receipt requested. Notice of demand
to the City shall be served on the City Manager. Notice of demand to the Cif
shall be served upon the Licensee corporation by mailing to the address furnished
the City by the Licensee. The demand shall state the controversy, claim or dis-
pute of facts.
C. Upon the failure of either party to appoint an arbitrator within
15 days of receipt of notice of demand for arbitration, or upon the failure of
the two selected arbitrators to select a third arbitrator within 15 days after
their appoint ment, either party may apply to the American Arbitration Association
for the appointment of an arbitrator or arbitrators.
D. The Board of Arbitration shall hold a hearing on the controversy,
claim or dispute of facts stated in the demand for arbitration, which hearing
shall be held within 30 days after appointment of the last arbitrator, and after
15 days notice thereof given to both parties by the arbitrators by certified
mail, return receipt requested. The hearing, if not concluded, may be adjourned
from time to time. The Board of Arbitration shall consider evidence offered by
the parties relevant to the controversy, claim or disputed facts,, and may swear
witnesses. Testimony shall be taken and transcribed by a court reporter. The
record of the hearings, the decision of the Board of Arbitration, and the dissent
of any one of them shall be filed with the City Clerk, The decision of the Board
of Arbitration may be rendered by any two of them and any one of the arbitrators
may render a dissent. The decision and dissent must be limited to the controversy
or claim and based on findings of fact. Tire decision of any two of the arbitra-
tors shall be the decision of the Board and shall be final and conclusive on
both parties except as rray be provided in the rules of the American Arbitration
Association.
E. Expenses of arbitrati,)n, including without limitation, costs of
notices an_d services thereof, fees of arbitrators and witnesses, but not of legal
counsel, and the cost of taking and transcribing testimony shall be charged against
the party at fault or proportionately between the parties as the Board of Arbitra-
tion may deem equitable and just.
Page 33- Section 42. LITIGATION.
A. No Licensee shall institute suit against the City seeking either
declaratory or injunctive relief with respect to the validity of the grant of a
license under this Ordinance, nor shall any Licensee, if joined in any litigation,
seek such relief against the City.
B. Should any Licensee violate subsection A of this Section, the City,
at its option, may require the Licensee to remove its equipment from all City
streets, rights of way, etc. within thirty (30) days of receipt of notification
to remove same.
Words underlined are new. Words struck thfeugh are deleted.
a
Page 34- Section 43. ALTERNATE FEE.
Should any Court of competent jurisdiction declare that the City has no
right to grant Cable Television licenses or should the City be enjoined from col-
lecting license fees, Licensee agrees to pay the City a sum equal to five (5)
percent of all gross revenues collected by the Licensee as and for an alternate
fee, which alternate fee shall not be considered a license fee.
Page 34- Section 44. SEVERABILITY.
If any section, sentence, clause or phrase of this Ordinance is held
unconstitutional, void, or invalid, such unconstitutionality or voidance shall
not affect the validity of the remainder of the Ordinance. Provided, however,
that in the event that the Federal Communications Commission or any court of
competent jurisdiction declares any section invalid, such section or sections will
be renegotiated by the City and the Licensee.
Page 34- Section 45. CODIFICATION.
It is the intention of the City Commission and it is hereby ordained that
- the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Miami, Florida. The sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "Ordinance" may
be changed to "Article" or "Section", or to any other appropriate word as the codi-
fier deems proper.
1
SUMMARY OF CHANGES
TO THE
REQUEST FOR PROPOSALS
FOR CABLE TELEVISION
as of 12/9/80
Page 3 - UNIFORM DATA REQUIREMENT.
Delete last sentence of second paragraph
"To fae444tate Eewpar4son all applicants must ealeolate estimated aer4a4
eable plant miles as 98 pereent of street miles. Fa44ere to do se w444 be
eensidered greends for d459aa44fy4n9 an 88p44eat4en freer Eens4derat4on for
the franchise."
This language was taken from another city's proposal document and does not
relate to the Miami situation - consultant recommends.
Page 9 - BIDDING REQUIREMENTS. -
Delete Section 4)
"System design and Eenstruetien so that a network(s) serv4ng residential and'
4nst4tet4ena4 users wiii aEeemmedate 4nterae0ae data eer�aranieatiens, and
that the tetal netwerk transs4ss4en time wiii be less than one tenth of a
second"
This language was used in another Request For Proposals and refers to a
technical requirement not necessary to use in Miami's specification - consul-
tant recommends.
Page 10- ADDITIONAL SYSTEM, GUIDELINES
Add Section 9)
"Rebroadcast of South American Television Programming on special channels"
This guideline ,,gas discussed at a Commission Workshop and recognizes the
special relationship '-liami has with South American visitors.
Page 12- EVPLUATIO'; CRITERIA ,,,,D PRIORITIES
Add "Financial Criteria to 1ict of Criteria on which applicants will be
judged.
This was requested by one of the interested cable companies by letter.
Page 12- EVALU;JI_G:� CPITERIta AND PRIORITIES
Delete Section 4_).__,_.
"BewaHstr'ate $Ne systeµrs Eapak414ty w4th Eerraptiter programmed leaFR49 and
4nfer�iat4eq e�;e4p�reNt"
This was a concern of another city that does not affect the Miami proposal.
Consultant recommends.
Page 14- UNIFORM, DATA FOR THE CITY OF MIAIMI
Add demographic and physical data to provide a uniform data base for each
company to use in preparing their proposal.
Words strdek through are deleted.
Page 15- Add a map of Miami, divided into common general neighborhood areas,
showing proposers geographic areas boundaries that may be useful in deter-
mining construction areas.
Page 16- Add a listing and location sketch of City, County School Board, State
and Federal Facilities. This listing will be used in designing an Insti-
tutional Cable that can connect these facilities with commercial business
in Ili ami .
Page 33- SUCCESSFUL APPLICANT EXPENSE DISCLOSURE
Provides for successful applicant only_ to list expenses incurred in seeking
the Miami License.
Page 34- SUCCESSFUL APPLICANT PERSONiiEL
Provides for successful applicant only to list persons who have been autho-
rized to speak on behalf of the applicant in securing the license.
APPENDIX I: OFFICIAL APPLIC�J10IN FORMS: FORA A: Page 4 of 4: OWNERSHIP DISCLOSURE
_ Add ''THE SUCCESSFUL" as the first two 2 words on line one of paragraph one.
This change would require that only the successful applicant" chosen by the
City Commission to provide cable television service, rather than all applicants,
must provide the disclosure of ownership information requested on page 4 of
appendix I: Form A.
CABLE TELEVISION COMPANIES INTERESTED IN BIDDING ON MIAMI CABLE TV
1.
Name:
Americable
Address:
South Dade - Homestead etc.
20800 S.W. 167 Ave.
Miami, Fla. 33187
P.O. Box 859
2.
Name:
Cablecom - General (RKO)
Address:
8800 E. Arapahoe Rd
Englewood, Colo. 80112
3.
Name:
Cables,/stems of Miami
TCanadian Cablesystem Ltd.)
Address:
1460 Brickell Ave.
Suite 300 16
Miami, Fla. 33133
4.
Name:
Central Telephone Company
Address:
P.O. Box 2308
Hickory, North Carolina 28601
Name:
Central Communications
Subsidiary of Central Telephone Company
Address:
O'Hare Plaza
5725 East River Road
Chicago, ILL 60631
5.
Name:
Dade Cable Television Inc.
So. Central Daae County
Address:
12232 S.'el. 114 Place
Miami , Fla. 33176
6.
Name:
Dvnamic Cablevision
Colony Cormunications Inc.)
Address:
75 Fountain Street
Providence, R.I. 02902
7.
Name:
Storer Cable TV
N. Dade - Bro,:)ard etc.
Address:
Local - 3000 North 29th Court
P.O. Box A4437
Hollywood Fla. 33020
Name:
Storer Cable TV
Address:
One Storer Ave.
Thousand Oak, Calif. 91360
n
Page 15- Add a map of Miami, divided into common general neighborhood areas,
showing proposers geographic areas boundaries that may be useful in deter-
mining construction areas.
Page 16- Add a listing and location sketch of City, County School Board, State
and Federal Facilities. This listing will be used in designing an Insti-
tutional Cable that can connect these facilities with commercial business
in Miami.
Page 33- SUCCESSFUL APPLICANT EXPENSE DISCLOSURE
Provides for successful applicant only to list expenses incurred in seeking
the Miami License.
Page 34- SUCCESSFUL APPLICANT PERSONNEL
Provides for successful applicant only to list persons who have been autho-
rized to speak on behalf of the applicant in securing the license.
APPENDIX I: OFFICIAL APPLICATION FORKS: FORM A: Page 4 of 4: OlvINERSHIP DISCLOSURE
Add "THE SUCCESSFUL" as the first two 2 words on line one of paragraph one.
This change would require that only the successful applicant chosen by the
City Commission to provide cable television service, rather than all applicants,
must provide the disclosure of ownership information requested on page 4 of
appendix I: Form A.
8.
Name:
Tele-Communications, Inc.
Los Angeles, Denver
Address:
Call Box 22595
Wellshire Station
Denver, Colo. 80222
9.
Name:
Ultra Com of Dade County
East & Central Dade County
Address:
box 552
Landsdale Pa. 19446
10.
Name:
United Cable Television Corp.
Denver, Colo.
Address:
4700 South Syracuse Parkway
Denver, Colorado 80237
11.
Name:
Viacom Cormunications
Address:
1211 Ave of the Americas
New York 10036
12.
Name:
Vision Cable
Address:
110 East 59 Street
New York, New York, 10022
13.
Name:
Ularner Amex Cable Comm. Inc.
Columbus Qube) etc.
^ddress:
75 Rockefeller Plaza
Neel York 10019
14.
Name:
Six Star -Neilson Cablevision
Address:
3250 Wilshire Blvd.
Suite 607
Los Angeles, L'31if. 90010
15.
Name:
Robert Laughead, Esq.
Address:
City Attorney Office
Room 206
City Hall
San Franchisco, Calif. 94102
Physical Address
5455 South Valentia Way
Englewood, Colo. 80111
I
,
Prepared by:
Clark Mlerri l l
Office of IGA
October 22, 1980
Revised:
C,:tcber 30, 1Q8'l
0
llll Il II V.SISII Illl �C�p `
O.
APPLICATION FOR LICENSE
r.
REQUESTO PROPOSALS
PROVIDING CABLE COMMUNICATIONS SERVICES
TO THE CITY OF MIAMI ,FLORIDA
INSTRUCTIONS TO PROPOSERS
CABLE TELEVISION REGULATION 'ORDINANCE
MIAMI COMPREHENSIVE LAND USE PLAN
DECEMBER, 1980
TABLE OF CONTENTS
_e
- GENERAL INSTRUCTIONS
1=8
Filing of Application
1
Amendment to Application
2
Form of Application
2-6
Uniform Data Requirement
3
Demonstrated Experience in Operating a Cable Communications System
3
Legal Qualifications
3
— Character Qualifications
4
Financial Plan
4-6
Pro Forna
4-5
Implementation
5
Rate Structure
5-6
Clarification of Application Documents
6-7
Application Selection Procedures
7
= Disclosure Forms
7-8
SERVICES AND SYSTEM DESIGN
8-11
Bidding Requirements
8-9
Exceeding the City's Minirlum Requirements
9
Additional System Design Guidelines
10-11
Institutional Service
10-11
Interactive Services
11
EVALUATION CRITERIA AND PRIORITIES
12-13
UNIFORM DATA TABLE FOR THE CITY OF MIAMI
14-15
!-.1AP - I1IA1'I NEIGHBORHOODS
16
INSTITUTIONAL FACILITIES
17-32
SUCCESSFUL LICENSE APPLICANT EXPENSE DISCLOSURE
33
SUCCESSFUL LICENSE APPLICANT PERSONNEL
34
- APPENDIX I: OFFICIAL APPLICATION FORMS
A-N
APPENDIX II: CITY OF MIAMI CABLE TELEVISION REGULATION ORDINANCE
1-30
APPENDIX III: CITY OF MIAMI LAND USE PLAN (PROVIDED AS A SEPARATE DOCUMENT)
--
GENERAL INSTRUCTIONS
The purpose of this Request for Proposals (RFP) is to seek qualified
applicants to provide cable communications service to the citizens of the City
of Miami, Florida. This invitation contains information and instructions re-
lating to the preparation and filing of proposals; conditions and provisions
regarding the installation, operation and maintenance of a cable communications
system; and the procedure to be used in evaluating applicant proposals.
Filing of Application
Fifty (50) copies of each applicant's proposal along with a nonrefundable
filing fee in the amount of $10,000 (certified check made payable to the City of
Miami) shall be submitted to:
Ralph Ongie, City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Proposals must be notarized, may be filed in person or by registered mail,
and will be accepted at City Hall, until 2:00 p.m., 1931,
at which time all proposals will be opened. The city reserves the right to
extend the jeadline to all applicants, if necessary. The filing fee will be used
to offset expenses incurred by the city in the granting of the license The
successful applicant will be required to pay the city for expenses incurred in
the licensing process up to $100,000, in addition to the filing fee.
Page 1
Amendment to Application
Substantive amendments to proposals will not be considered except to ackne.,%ledge
involuntary changes, such as a change in ownership due to death. Correction of
inadvertent errors submitted prior to the filing deadline will be considered,
Correction of errors submitted after the filing date may be considered at the
discretion of the city or its consultant, if the applicant submits with its cor-
rection sufficient information to prove that the error is inadvertent. Additional
information or data may be requested by the city or its consultant if in their
judgment,this would aid in preparing a fair and accurate analysis.
Form of Application
Please Note: All applications must be on the official forms provided
by the City of Miami.
The application forms have been designed to furnish all the pertinent data
that will be used by the city in making its evaluation. Fourteen (14) forms
(labelled A through N) are included, and specific instructions for each form are
stated on the individual form. Space has been provided for specific and succinct
answers to all questions and requests for data. All applicants must use only
the pages of the official application forms (or identical extension pages if more
room is needed). Alternative proposal forms are neither- desired nor will they
be considered. Any attempt to merely use the official forms as an "index" to
other voluminous documents may disqualify the applicant from consideration. The
official forms have been designed to facilitate comparison of proposals. Evasive,
imprecise or incomplete responses can only serve to the disadvantage of the
applicant. Alternative proposals for services within a single application which,
in effect, constitute a separate application will not be considered and may
cause rejection of the entire application. (This does not prohibit the applicant
Page 2
c �4 M,
ull�l
from assigning channels to levels or tiers of service with differing monthly
subscriber rates.) The city reserves the right to reject any and all applica-
tions.
Uniform Data Requirement
All proposals are to be based upon the same uniform basic data supplied
herein. A reasonable attempt has been made by the city to provide as current
data as possible.
All pro forma statements are to be derived from this same basic data. All
growth projections made by applicants, including the number of subscribers and
number of dwelling units shall be justified in detail as to methodology used and
the specific statistics affected.
Demonstrated Experience in O�eratin a Cable Communications System
Information will be solicited concerning the applicant's cable television
licenses in other cities. This information will be used by the city to inquire
intp the applicant's experience in other communities in which a license is held.
Legal Qualifications
Evidence must be presented to assure the city that the applicant complies
with the applicable rules, regulations, and statutes of the FCC, and Dade County
Cable Television License requirements. The selected applicant will be expected
to strictly adhere to all federal, state and local requirements governing dis-
crimination, equal employment and affirmati�c fiction.
Page 3
C - r
Character Qualifications
Evidence shall be presented by applicant as to whether or not the applicant
or any principal has ever been convicted in a criminal proceeding where felonies
or misdemeanors were charged.
Evidence shall be presented as to whether the applicant or any principal
has ever been a party to a civil proceeding in which it was held there was unfair
or anticompetitive business practices, antitrust violations, violations of
securities laws, and false/misleading advertising. Evidence shall also be pre-
sented as to whether applicant or any principal has either initiated civil
litigation against a licensing authority or its representative (consultant) or
has been the subject of litigation by a licensing authority.
Evidence shall be presented as to whether the applicant has ever had a
business license (including FCC licenses) revoked.
Financial Plan
Pro Forma
An important feature of the application is an adequate demonstration of
financial capability to perform in accordance with the ordinance and the applicant's
proposal. Failure to provide the detailed pro forma requested may be interpreted
by the city as evidence that the applicant is not properly qualified to receive
a grant of the license. The pro forma data submitted should include plans
and terms for debt and equity participation, terms of local ownership participa-
tion (if any), financial goals as well as financial prui-ctions and assumptions.
Complete detail is required pertaining to equity participation of local ownership
and the equity of lenders, now and envisioned for the future. All understandings
for equity participation are to be provided in detail, whether written or oral;
Page 4
h
and if equity is provided by the company in exchange for services, the extent
and nature of the services are to be detailed.
Tiered service structures, if offered, must be factored into the revenue
projections. Adequate documentation of the applicant's assumption and research
methods must be provided so that a fair analysis can be made of the projections.
For purposes of the financial pro forma, Year 1 begins on the date the
license is awarded. Further, an average annual inflation rate of 9 percent
shall be used _by all applicants in preparing financial projection;.
Implementation
Applicant should present evidence of financial resources that assures the
company's ability to complete the entire initial service area within the construe"
tion period specified in the application.
Rate Structure
The city wishes to have applicants design a rate structure which:
treats Miami citizens fairly and equitably; and
maximizes the availability of cable services.
Applicants should propose uniform rates, except that they are invited to propose
discounted rates for senior citizens, recipients of public assistance, residents
of pre -wired buildings, and/or other subscriber classes. Applicants are encouraged
to propose "universal service" whereby access and other channels carrying locally
originated programs are provided to a subscriber for the installation charge,
with no monthly service charge. However, applicants must demonstrate that the
rates, including discounts for �oecial subscriber classes, will support the overall
financial capability of the system to offer services and programming.
Applicants should note that the city will require the licensee to provide
any potential subscribers with information about maximum installation and services
rates, and permissible discounts.
Page 5
C vv-,v
nn
UV ---
The rates initially proposed by the applicant must be substantiated in the
pro forma statements by use of realistic levels of penetration. The city commis-
sion reserves the right to regulate rates for basic services and such other
services as may become subject to local regulation. Applicants may indicate pro-
jected increases in the pro forma projections. In order to assure the city that
the rates proposed are realistically calculated to meet the applicant's financial
goals, initial rates proposed by the applicant must be guaranteed until all con-
struction is completed. -
Clarification of Application Documents
In the event that any applicant may have any doubt as to any terms,condi-
tions or provisions of these specifications or the meaning or interpretation
thereof, the applicant may request information or clarification thereon by sub-
mitting such request in writing to:
Clark Merrill
Assistant to the City Manager
3500 Pan American Drive
Miami, Fla. 33133
Such request for information must be submitted no later than
A written response to such request will be made as soon as possible and will be
sent to all known applicants who have been supplied applications. No other
interpretation by any other person, whether oral or in written form, shall be
binding upon the city.
The applicant, by submitting its proposal in response to this RFP, shall
have evidenced the fact that it agrees that it has no unanswered questions with
respect to these specifications and shall have no basis for withdrawal or
Page 6
s
�30.
�.,;
C cnt;
HRII-1-
modification of its proposal on the basis of misunderstanding.
Application Selection Procedures
The City of Miami will evaluate all proposals that have complied with I{,J
requirements. All applicants that have met the qualifications listed in the
RFP and have submitted proposals on the required forms will be offered the oppor-
tunity to make a formal presentation to the city council in support of their
applications. The hearing will allow members of the public to address the commis-
sion. Notice of time and place will be given to applicants and public when the city
commission is ready to conduct a public hearing for this purpose. Following the
hearing, the city commission will complete its evaluation and take final action
regarding the granting of the license and adoption of the ordinance.
Disclosure Forms
All applicants will be required to disclose expenses incurred in seeking the
license award. A form is provided herein for this purpose. The record should
show expenditures of the local company and its corporate parent, partner or joint
venturer. All expenses germane to the pursuit of the Miami license are required,
including, but not limited to, advertising, marketing, public relations, lobbying
and research. Applicants must also disclose the existence and terms of contin-
gency agreements or bonus plans relevant to the licensing process including,
but not limited to, cash, property, stock or stock options.
The city will require such information upon ten (10) days notification upon
conclusion of the public hearings and prior to the final vote and reading of the
license ordinance.
All applicants are required to provide the city with names and addresses of
all persons who have been employed or retained to speak on the company or organi-
Page 7
zation's behalf. A form to be completed for this purpose is provided. This
forms should be submitted with the application due , and on the
first day of each month thereafter until the final vote adopting the ordinance
awarding the license to the successful proposer.
NOTE: Failure to submit either the financial disclosure or personnel
form as required will disqualify the applicant from consid-
eration by the city commission.
SERVICES AND SYSTEM DESIGN
822lication Requirements
This invitation contains selected requirements as determined by the city.
The City of Miami is establishing few requirements, as it desires that all
applicants have maximum freedom to develop their own innovative and creative pro-
posals. Applicants should carefully review all requirements and conditions set
forth in the draft ordinance and familiarize themselves with the Cable Television
License Requirements of Dade County as the successful applicant will be required
to obtain a County Cable Television License prior to starting construction.
The City of lliami fully expects to enter into a firm contract with the suc-
cessful proposer for the timely delivery of all elements in the applicant propos-
als. All items being offered by proposers are considered to be freely and volun-
tarily offered and will be included in the license and become subject to the
enforcement provisions stated therein. The successful applicant must agree to
support any waiver required by the Federal Communications Commission (FCC) for
any voluntary offer of services or technical standards that may exceeds FCC
requirements.
All applicants will be required at minimum to propose:
(1) construction of a distribution system (trunk and feeder cables)
throughout all areas of the city within three (3) years of the
license ordinance adoption;
Page 8
(2) delivery of at least 42 channels to subscribers;
(3) activation of two-way capability throughout the system;
(4) provision of at least four dedicated access channels (one
each for public, governmental, educational and leased used).
Further, all residential subscribers who receive all or any
part of the total services offered on the system shall also
receive all required access channels on all tiers of service
at no additional charge for service or installation;
(5) system design that will accommodate simultaneous audio video
transmissions on at least one channel of the subscriber net-
work for narrocasting to separate audiences located in dif-
ferent geographic areas of the city;
(6) carriage of all local television broadcast stations and other
broadcast signals required by the FCC on all tiers of service
above the public access only tier;
(7) system design and maintenance practices meeting FCC technical
standards; and
(8) a system design which enables municipal officials to implement
an emergency alert via audio and/or video signal transmission
which would override or be superimposed on cablecast program-
ming.
Exceeding the City's Minimum Requirements
Miami invites applicants to exceed some of the enumerated standards by
proposing to:
(1) deliver more than 42 channels to subscribers;
(2) build a system with more stringent technical standards than those
of the FCC; and
(3) expand distant signal offerings should the FCC rules on distant
signal carriage permit.
Page 9
Additional System Design Guidelines
In addition to the above proposers should use the following guidelines in
preparing their proposals:
(1) uses for the system in time of emergencies;
(2) support for access production to include color studio and location
production equipment, equipment maintenance, post -production
facilities, access promotion plans, using existing production
facilities in Miami and the metropolitan area, plans accommodating
growth of access production, neighborhood access centers, staffing
and budget;
(3) a variety of origination (automated, special interest and local)
programming;
(4) programming meeting the needs of visually impaired and hearing
impaired subscribers;
(5) carriage of television broadcast station signals during late evening
and early morning hours;
(6) an FM service with individually processed signals;
(7) news and/or informational service via teletext and/or videotex
format; and
(8) the designation of a number of community viewing centers in public
libraries and community centers which would be provided with a
no -cost connection and monthly service for access and public service
channels.
(9) Rebroadcast of South American Television Programming on special
channels
Institutional Service
The cable communications system should be able to serve the needs of educa-
tional, governmental and nonprofit cultural institutions utilizing a separate
cable' -network. Applicants are invited to propose service to institutions by:
(1) providing installation and service to City Hall and city -
owned buildings and nonprofit educational institutions;
Page 10
nn__1�7_ r, �' S-72
(� providing institutional locations such as City Hall, City Hall
Annex, Libraries, the State Capitol Complex, Federal Office
Buildings, Schools, Educational Institutions, Cultural and
Community Centers, with the capability to transmit live video
programming on either a subscriber or institutional cable; and
(3) constructing and operating aseparate institutional network. If
applicants propose such a network, the city encourages the network
to serve businesses as well as major educational, cultural art
institutions and all government buildings located in the City
of Miami.
Applicants are expected to ascertain communications needs of institutions in
terms of video, audio and data services and to present results -of marketing
studies of potential institutional uses in their applications. Questions contain-
ed in the official application forms are designed to seek such results and plans
for institutional service.
Interactive Services
The city requires a system design that will be interactive at the time
service is initiated. The city encourages applicants to propose a two-way inter-
active channel on the basic subscribe►- system for lease at nominal rates to
profit and nonprofit organizations.
In addition to requiring a system design that will accommodate interactive
services, the city is interested in having applicant propose delivery of actual
interactive services including, but not limited to, opinion polling, video con-
ferencing, facsimile reproduction, video games, teleshopping, telebanking.
With regard to interactive home security systems, the city police and fire
departments will cooperate with those applicants investigating the feasibility of
a security/fire alarm service for Miami.
Page 11
EVALUATION CRITERIA AND PRIORITIES
The city will award the license to the applicant who can demonstrate the
best overall capability and willingness to provide cable communications service
to the citizens of Miami. All of the information requested herein will contribute
to the evaluation of applicants and the subsequent selection process.
In general, applicants will be judged according to the following criteria:
financial capability
construction schedule;
technical standards;
origination cablecasting (automated services, special interest
programming);
local origination;
access production facilities and support;
interactive services;
service to institutions;
sophistication of system;
system design;
channel capacity;
ownership structure;
performance in other systems operated by applicant;
employment practices;
rates;
rate stability; and
regional interconnection capability;
how the system relates to the needs of Miami
The following factors will be accorded a preference and will be considered
as priorities. The city seeks an applicant who will:
(1) Propcse the most co-iprehensive offering of services provided that
such an offering does not exceed the financial capability of the
applicant to construct and operate a cable communications system.
(2) Seek to maximize community participation in the ;;ianagement of the
cable system or in one or more features of that system such as the
access channels, institutional network or leased channels.
(3) Allocate adequate facilities, funding and staff support to access,
public service and local community programming
Page 12
t�) Seek to develop services to fulfill the commercial and financial
needs of the city's business and banking community and the in-
formation and communications needs of the city's service insti-
tutions.
(5) Provide services to low-income households by proposing a "univer-
sal service option which would offer the subscribers the access
and public service channels for the cost of installation alone
and/or the development of a number of community viewing centers in
public libraries and community centers.
1979
1979
Single
Census
Est.
Family
Tract
Pop.
Acres
Units
10.04
NA
NA
NA
13.00
9514
595
2474
14.00
7755
473
2095
15.01
5959
130
819
15.02
NA
NA
NA
17.01
19
8
0
17.02
0
6
3
17.03
128
22
145
18.01
695
34
197
18.02
3790
136
906
18.03
3n4
30
93
19.01
:,3''
181
769
19.02
11358
305
1904
20.01
4422
211
738
20.02
6190
295
1839
21.00
3352
341
837
22.01
3608
183
983
22.02
6708
307
1943
23,.00
8119
358
2147
24.00
10851
508
2682
25.00
6770
241
1870
26.00
4666
179
827
27.01
5965
198
904
27.02
2790
171
525
28.00
3456
173
387
29.00
2596
237
734
30.01
3266
188
828
30.02
7987
345
1308
31.00
4602
146
292
34.00
9330
127
256
36.01
2902
105
19
36.02
6870
125
429
37.01
974
103
788
37.02
1406
279
517
45.00
0
212
0
UNIFORM DATA FOR
THE CITY OF
MIAMI
nm-,v
1979
1979
'1980
1980
Multi
Multi
Total
Housing
Total
1970
1979
Family
Family
Housing
Units Per
Streets
Media
Duplexes
Structures
Units
Units
Street Mile
Miles
Inco^e
NA
NA
NA
NA
NA
1.2
226
330
3217
5691
197.60
28.8
$ 9467
461
254
1641
3736
137.35
27.2
6073
38
156
1155
1974
274.16
7.2
3893
NA
NA
NA
NA
NA
0.3
0
2
12
12
60.00
0.2
9643
0
0
0
3
15.00
0.2
r,
1
35
180
120.00
1.5
8550
13
3
31
228
126.66
1.8
6577
10
34
156
1062
252.85
4.2
59E•E
3^
14
43
136
85.00
1.6
7575
83
103
803
1572
106.21
14.8
6222
364
127
1439
3343
233.77
14.3
627E
200
177
1203
1941
159.09
12.2
5662
346
255
1121
2960
161.74
18.3
6940
28
55
606
1443
86.40
16.7
15E5-1
138
68
806
1789
161.17
11.1
8261
317
76
309
2252
122.39
18.4
655E
266
14
47
2194
86.03
25.5
7324
635
311
1931
4613
192.20
24.0
70E5
404
96
454
2324
163.66
14.2
6864
164
159
792
1619
152.73
10.6
620'
86
260
3303
4207
396.88
10.6
7274
82
129
756
1281
145.56
8.E
7157
54
97
858
1245
102.89
12.1
4430
145
28
147
881
68.29
12.9
7753
55
79
854
1682
173.40
9.7
726�
297
160
1812
3120
183.52
17.0
733E
42
256
1928
2220
270.73
8.2
4374
20
248
2874
3130
377.10
8.3
4632
7
62
835
861
92.58
9.3
5OE3
86
341
2483
2912
510.87
5.7
5522
2
16
521
1309
121.20
10.8
51E9
8
39
623
1140
150.00
7.6
5257
0
0
0
0
118E'9
Page 14
Page 2
UNIFORM
DATA FOR THE
CITY OF
MIAMI
°'
1979
1979
1979
1980
19P0
1979
Single
Multi
Multi
Total
Housing
Total
197,)
Census
Est.
Family
1979
Family
Family
Housing
Units Per
Streets
Median
Tract
Pop.
Acres
Units
Duplexes
Structures
Units
Units
St-eet Mile
Miles
Income
4b.00
f1
436
1
0
0
0
1
0
4B.00
0
12
0
0
0
0
0
0
49.00
8839
616
2038
235
156
1971
4009
211.00
19.0
9911
50.00
10032
465
3066
457
71
560
3626
156.96
23.1
8912
51.00
8309
342
1422
275
82
1854
3276
198.54
16.5
7835
52.00
9464
192
923
121
436
2876
3795
354.67
10.7
5924
53.00
16973
233
727
161
710
5389
6116
470.46
13.0
5927
54.01
7978
241
1469
399
168
1008
2477
190.53
13.0
7945
54.02
11079
°37
1046
199
327
2437
3483
259.92
13.4
6235
55.01
5012
232
1628
299
41
248
1876
146.56
12.8
P663
55.02
6095
233
1643
385
98
746
2389
182.36
13.1
8050
56.00
3262
194
1087
24
31
303
1390
114.87
12.1
975E
57,00
14948
637
2858
399
137
3861
6719
215.35
31.2
8794
58,01
5523
274
1779
62
45
257
2036
203.6
10.0
9021
58.02
7095
386
2125
36
47
533
2658
130.29
20.4
9554
63.01
6779
255
1151
282
114
1799
2950
268.18
11.0
7467
63.02
4454
257
1658
210
39
208
1866
146.92
12.7
0603
64.00
10981
369
2883
446
270
1450
4333
214.50
20.2
7223
65.00
7868
359
2397
300
74
500
2897
146.31
19.8
9394
66.00
11887
350
1683
283
395
3089
4772
207.47
23.0
7221
67.01
6147
193
29
7
46
3880
3909
953.41
'4.1
11730
67.02
4282
264
995
62
172
1133
2128
162.44
13.1
9070
68.00
6426
737
2225
128
84
1334
3559
111.56
31.9
13925
69.00
6060
279
1727
163
95
818
2545
140.60
18.1
9391
70.01
5391
254
2080
634
35
171
2251
206.51
10.9
8172
70.02
5629
277
2236
670
45
231
2467
159.16
15.5
8410
71.00
7834
303
1475
307
175
1819
3294
211.15
15.6
7269
72.00
31D8
14:)
864
132
77
438
1302
171.31
7.6
5422
73.00
3531
555
1534
70
13
64
1598
87.32
18.3
16992
TOTALS 355,408 16,278 75,007 11,543 7,934 71,768 146,782 182.33 805.7 $7,304
Median
Income
*CAUTION: Figures represent Median Income as of the 1970 Census
NOTE: 1980 Housing unit information is based
on the latest Census estimate and is not
the sum of 1979 totals for Single 6 Multi Units
Housing estimates.
Page 15
1004
nn+ = (EDGEWATER)
1502 E D I S 0 N
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fea = RIVER _- <:
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rx'xoTM.i+
17 01 a 1702 le 03 zi
17 03
AL1,ARATTAIi \ ':
CENTRAL
d Il l i' lllllll 111 II
LITTLE HAVANA 1 11
r^•r I III I� .M�I II � I I � 11j�� I
..• illl i�' 41.
5- � N41
L
Community
Development
Target Areas
N
0' 2700' $400' 6100'
MIAMI NEIGHBORHOODS
SCALE
Page 16
INSTITUTIONAL FACILITIES
0
2 24
63 '0
s.
N. 1. S
e
V = f
t f f
V
Y
s
w I • _ I j/
W V hM
37
)4 ST � + _ate, �----���—T���_sssi G1Y S1 •r1i
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i 67 i J3-Y60
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h 4. sTl- — �—
,
49 1 25 i
' 1
1---��1 '� --� —--- `J=1.uu► TutTCE
i cAust•ty
- 6 341
59 �hll
3$-- l ;
f hr to ST 81
N
4
T dust —AY U
I a7 -10-14
ii 77
I5474,3
43
41
• I I ,/,,� fi5-
35
80
� sY c �s[ ►� � � t
30
1 72,i 52 V 1 r'
49• 21CRAfto A-[
11,0I01CIAN• AVE
CITY OF MIAMI FACILITIES
Page 17
1. City Hall - 3500 Pan American Drive
2. Information & Visitors Office - 150 S.E. 2nd Avenue
3. Garage � Print Shop - 1390 N.N. 20th Street
4. Communications Maintenance - 1080 N.N. 20th Street
5. Motor Poo. - 1901 N.N. 12th Avenue
6. Property Maintenance - 1975 N.W. 12st Avenue
7. City Offices - 275 N.W. 2nd Street (Building and Zoning, Fire,
Planning and Advisory Board, Planning, Public Works).
8. City Offices - 1145 N.W. 11th Street (Civil Service, C.D., Human
Resources).
9. Little Havana Community Center - 900 S.W. 1st Street
10. Computers F Communicat-ions - 400 N.N. 2nd Avenue
11. Downtown Development Authority - 2099 One Biscayne Tower
12. Risk Management - 3318 Pan American Drive
-' 13. Treasury Management - 65 S.W. 1st Street
14. Fire Station #1 - 144 N.E. 5th Street
15. 02 - 1901 N. Miami Avenue
16. If It 03 - 1103 N.P;. 7th Street
17. to it #4 - 1105 S.N. 2nd Avenue
18. " It #5 - 1200 N.W. 20th Street.
19. it " # 6 - 3600 N J, . 7th Avenue
20 " " 47 - 314 Beacom Blvd.
21. " " #8 - 2917 Oak Avenue
22. " " #9 - 69 N.W. 62nd Street
23. " " #10 - 4101 N.N. 10th Street
24. " " #11 - 5920 1;. rlagler Street
25. " " # 1 2 - 1 4 55 N.1', . 46th Street
26. Fire Maintenance - 1151 N.W. 7th Street
27. Fire College - 3700 N.11.. 7th Avenue
28. Fire Rescue Hdgrs. - 2301 N.W. 23rd Street
29. Law Department, Management & Budget - 174 E. Flagler Street
30. Leisures Services - 2600 S. Bayshore Drive
31. Cultural Division - 2550 S. Bayshore Drive
32. Eaton Day Care - 6015 N.E. 4th Court (also Park)
33. Edison/Little River - 5411 N.E. Miami Place
34. Moore - 765 NJ.'. 36th Street (& Park)
35. Shenandoah - 1800 S.W. 21st Avenue
36. Melreese Golfcourse - 1802 N.W. 37th Avenue
Page 18
In
37.
38.
39.
40
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
African Square Park -1400 N.IV. 62nd Street
Allapattah Park - 2800 N.W. 17th Avenue
Bayfront Park - 100 Biscayne Blvd.
Bicentennial Par}. - 1075 Biscayne Blvd.
Bryan Park - 2301 S.W. 13th Street
Arboleya Campground - 7025 IV. Flagler Street
Coral Gate Park - 1415 S.IV. 32nd Avenue
Curtis Park - 1901 N.W. 24th Avenue
Dixie Park - 350 N.W. 13th Street
Dorsey Park -1701 N.W. 1st Street
Douglas Park - 2755 S.W. 37th Avenue
Eaton Park - 6015 N.E. 4th Court (under day care)..
Edison Center Park - 525 N.W. 62nd Street
& Eisenberg Youth Center
Virrick Park -3580 Day Street (Gibson Center)
Fern Isle Park - NW 22 Avenue and 11 Street
�.,._ _ .. --
51. Flagami Park - 7121 S.W. 3rd Street
52. Grand Avenue Park - 236 Grand Avenue
53. Grapeland Heights Park - 1550 N.W. 37th Avenue (Clark Comm. Center)
54. Henderson Park - 971 N.W. 2nd Street
55. Kinloch Park - 45S N.W. 47th Avenue
56. Legion Memorial Park - 6447 N.E. 7th Avenue
57.., Lummus Park - 404 N.W. 3rd Street
58. Manor Park - 1300 N.1,. 50th Street
59. Melrose Park -NV"25 A%7enue and 30 Street
Moore Park - 7,65 NIV 36 St. ( under Day' Care )
60. Morningside Park - 750 N.E. SSth Terrace
61. Peacock Park - 2820 McFarlane Road
62. Reeves Park - 600 N.11;. 10th Street -
63. High Park - 7025 IV. Flagler Street
64. Sewall Park - 1801 N.W. South River Drive
Shenandoah Park (see day care)
65. Simpsen Park - S5 SJ1 . 1 7 ch Road
66. Southside Park - 100 S.IV. 11th Street
67. Tacolcy Center - 6161 N.IV. 9th Avenue
68. Wainwright Park - 2845 Brickell Avenue
69. Watson Park - McArthur Cswy
70. Nest End Park - 260 S.IV. 60th Avenue
71. Henderson Tennis Center - 971 N.W. 2nd Street
Page 19
72. Monroe Tennis Center - 3101 Florida Avenue
Moore Tennis Center (under day care)
Morningside Tennis Center (under day care)
73. Off Street Parking - 190 N.E. 3rd Street
74. Garage #1 - 40 N.W. 3rd Street
7S. Police - 400 N.W. 2nd Avenue
76. Solid Waste - 19SO N.W. 12th Avenue
77. Stadiums & 'Marinas - 1501 N.E. 3rd Street (orange Bowl)
Bayfront Park Auditorium (under park)
78. Coconut Grove Exhibition Hall - 3360 Pan American Drive
79. Marinas Manager - 3400 Pan American Drive
80. Marine Stadium - 3601 Rickenbacker Causeway
81. Miami Baseball Stadium - 2301 N.W. 10th Avenue
82. Trade & Commerce - 100 N. Biscayne Blvd.
Page 20
Mt
DADE COUNTY PROPERTIES
Page 21
am
DADE COUNTY PROPERTIES
1. Auto Tags - 862 N.W. 23rd Street
2. Offices - 909 S.E. 1st Avenue
3. Justice Building - 1351 N.14. 12th Street
4. Human Resource Health Center - 2500 N.W. 22nd Avenue
5. New Opportunity House - 777 N.W. 30th Street
6. Clinic - 2138 Biscayne Blvd.
7. Clinic - 5g50 Biscayne Blvd.
8. Clinic - S32 N.E. 27th Street
9. Courthouse - 73 West Flagler Street
10. Allapattah Neighborhood Center - 1888 N.W. 21st Street
11. Dade County Auditorium - 2901 West Flagler Street
12. Auto Inspection Station - 261S N.W. 10th Avenue
13. Auto Inspection Station - 141 N.E. 78th Street
14. Offices - 140 West Flagler Street
15. Community Action Agency - 395 N.W. 1st Street
16. Child Development Service Centers (Allapattah) 2370 N.W. 17 Ave.
17. It 11(Tacolcy) 6161 N.W. 9th Avenue
18. It to (Carver Y I)S770 N.W. 15th Ave.
19. it (Carver Y II) 3333 N.W. 6 Ave.
2o, it " (Catholic Serv. Bureau)
4949 N.E. 2nd Avenue
21. Child Development Service Center (Centro Hispano Catolico)
130 N.E. 2nd Street
22. Child Development Serv. Center (Church of God of Prophecy)
4528 N.P; . 1st Avenue
23. Child Development Serv. Center (Coconut Grove Church of Christ)
3345 Douglas Road
24. Port of Miami.
Page 22
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DADE COUNTY SCHOOL BOARD PROPERTIES
Page 23
School Board Properties
1. Miami Edison Senior High Communit;
6161 NW 5th Court
2. Miami Jackson High School
1751 NIV 36 Street
3. Miami Northwestern Community Scho4
7007 ?SIC 12th Avenue
4. Miami Senior High
2450 SW 1 Street
S. Allapattah Junior aig;i Community
1331 Nlti 46 Street
6. Citrus Grove Junior High
2153 NW 3 Street
7•. Kinloch Park Junior High Communit!
4340 NW 3 Street .
8. Robert E. Lee Junior High
3100 ;CIS 5 Avenue
9. Miami Edison Middle School
6101 NW 2 Avenue
10. Shenandoah Junior High
1950 SIV 19 Street
11. Booker T. Washington Junior High Community School
1200 ?CIS 6 Avenue
12. Allapattah Elementary
4700 Nlti 12 Avenue
13. Auburndale Elementary
3255 SW 6 Street
14. Buena Vista Elementary
3001 NW 2 Avenue
15. Citrus Grove Elementary
2121 NVh 5 Street
16. Coconut Grove Elementary
3351 Matilda Street
Page 24
_A
17. Comstock Elementary
2450 NW 15 Avenue
18. Coral Way Elementary
1950 SW 13 Avenue
19. Douglas Elementary
312 NW 12 Street
20. Dunbar Elementary
505 NW 20 Street
21. Edison Park Elementary
500 NW 67 Street
22. Fairlawn Elementary Community School
444 5.,f' 60 Avenue
23. Flagler Elementary
5222 NW 1 Street
24. Holmes Elementary
1175 NW 67 Street
25. Kensington Park Elementary
711 NW 30 Avenue
26. Kinloch Park Elementary
4275 NW 1 Street
27. Little Fiver Elementary Community School
514 NW 77 Street
28. Morningside Elementary
6620 NE 5 Avenue
29. Orchard Villa Elementary
5720 NW 13 Avenue
30. Eiverside Elementary Community School
221 SW 12
Avenue
31.
Santa Clara
Elementary
1051 NW 29
Terrace
32.
Shadowi wn
Elementary
149 NW 49
Street
33.
Shenandoah
Elementary
1023 SW 21
Avenue
34.
Silver Bluff
Elementary
2609 SW 25
Avenue
Page 25
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35.
Southside Elementary
Y
45 SW 13 Street
36.
Tucker Elementary
-
3500 Douglas Road
37.
Wheatley Elementary
1801 NW 1 Place
38.
English Center
3501 SW 28 Street
39.
Lindsey Hopkins
1410 NE 2 Avenue
40.
Miami Skill Center
50 NW 14 Street
'
41.
Cope Center North
1749 Nip 54 Street
42.
Dade City Public Schools
1950 SW 19 Street
Page 26
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—
f STATE OF FLORIDA PROPERTIES
Page 27
STATE OF FLORIDA PROPERTIES
1.
Offices
1350
NW
12 Avenue
2.
Offices
401 NW 2
Avenue
3.
Veterans Affairs
1201
NW
16 Street
4.
Women's Adjustment
Center
7521
NE
3 Avenue
5.
Commission on Hispanic
Affairs
900
SW 1
Street
6.
Urban Forester
909
SE 1
Avenue
7.
Highway Patrol
2515
W.
Flagler St.
8.
Licensing Station -
Miami Central
3800
NW
11 St.
Leased
Space:
9.
Dept. of
Community
Affairs
10.
Dept. of
Labor & Em-
ployment
Security-
11.
Dept. of
Labor & Em-
ployment
Security
12.
Dept. of
Labor & Em-
ployment
Security
13.
HRS
14.
HRS
15.
HRS
16.
HRS
17.
HRS
18.
HRS
19.
HRS
21.
HRS
22.
HRS
23.
HRS
24.
Dept of
Corrections
25.
Dept of
Corrections
26.
-Highway
Safety & Motor
Vehicle
27.
Highway
Safety, etc.
1201 SW 16 Street
234 AV. Flagler St.
332 Hest Flagler Street
390 NW 2 Street
1150 Sjti 1 Street
315 N11; 27 Avenue
1515 NW 7 Street
518 NE 79 Street
1601 NW 12 Avenue
907 SAC 1 Street
3750 S. Dixie Highway
1897 NIC 20 Street
2902 NCI 2 Avenue
7880 Biscayne Blvd.
7521 NE 3 Avenue
800 "' 28 Street
3800 Nei 11 Street
4603 N1ti 7 Street
Page 28
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FEDERAL FACILITIES
Page 29
,�I
Federal Facility Locations
1. Agricultural and Marketing Service
1350 NW 12 Avenue
2. Home Economics and 4-4 Youth Program
Expanded Nutrition Program
1880 Biscayne Blvd.
3. Expanded Nutrition Program
3750 S. Dixie Highway
4. Food and Nutrition, R.R. Retirement
168 SE 1 Street
S. Fruit and Vegetable Quality Div.
21S4 Ntiti 10 Avenue `
6. Army Medical Personnel
Counselor District
Court Offices, Marshal
300 NE 1 Avenue
7. District Court, Bankruptcy Court
Justice Department
8. Offices
28 1,, Flagler Street
9. Federal Office Bldg.
51 Stir 1 Avenue '
10. Marine Safety
111 SW 3 Street
11. Offices
2S W. Flagler Street
12. Minority Business Enterprise
14 NE 1 Avenue
13. -Offices
1600 and 1601 Port Blvd.
14. Customs
77 SE 5 Street
15. Customs
99 SE 5 Street
16. District Court Offices
14 SIV Avenue Page 30
17..
GSA Supply Store
1000 NE 1 Avenue
18.
HEW -investigations
330 Biscayne
19.
Allapatta}l Social Security
1408 Nil. 36 Street
20.
Little Havana Social Security
1800 Stir 1 Street
21.
Little River Social Security
181 NE 82 Street
22.
Dow-ntow•n Social Security
1444 Biscarne Blvd.
23.
Social Security Hearings
150 SE 2 Avenue
— 24.
FBI
3801 Biscayne Blvd.
— 25.
Dept. of Labor Offices
1150 Stii 1 Street
26.
Marine Recruiting
1501 NW 29
27.
Personnel
1000 Brickell Avenue
28.
Allapattah Postal Service
1700 Nl 33 Street
= 29.
Buena Vista Postal Service
-
66 NE 39 Street
30.
Coconut Grove Postal Service
3191 Grand Avenue
31.
Edison Center Postal Service
•760 Nlti 62 Street
— 32.
Flagler Postal Service
500 Nh 2 Avenue
_ 33.
Riverside Postal Service
_
2285 W. Flagler St.
34.
Shenandoah Postal Service
1665 SW 22 Street
35. SEC - Dupont Plaza Page 31
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36. VA Hospital
1201 NW 16 Street
37. Offices
45 Nil 5 Street
Page 32
SUCCESSFUL LICENSE APPLICANT EXPENSE DISCLOSURE
Due Date*
Firm Name
Affiant's Signature
Official Position
DAte
INSTRUCTIONS
List total expenses incurred in seeking the Miami license by your local
company, and its parent corporation, partner or joint venturer ih each of the
following categories. Include estimates for expenses you have incurred, but
for which you have not yet been billed.
Expense Item Amount
Salaries paid to company or organization personnel
(local and national)
Contracted services --consultants, attorneys, local
spokespersons, lobbyists, etc.
Advertising and public relations (media ads, audio-
visual presentations, etc.)
Printing
Studies and survey
Travel
Other**
Total
On a separate sheet, provide information regarding any existing contingency
agreements or bonus plans relevant to the licensing process including, but not
limited to, cash, property, stock or stock options.
Signature Attest
Date
* This form is to be completed by the Successful Applicant Only and submitted
within 10 days after the award of the license by the City Commission.
** If the total exceeds $5,000 in this category, list individual categories
of expenses.
Page 33
i
a
SUCCESSFUL LICENSE APPLICANT PERSONNEL
Due Date*
Firm Name
Affiant's Signature
Official Position
Date
INSTRUCTIONS
List names and addresses of all persons (locally and nationally based
employees, attorneys, consultants, spokepersons, lobbyists, public relations
counsel, local owners, etc.) who have been employed or retained to contact
the Mayor, council members or city staff to speak on your company or organi-
zation's behalf.
* This form is to be completed by the Successful Applicant Only and
submitted within 10 days after the award of the license by the
City Commission.
Page 34
Ofluou
FLORIDA
OFFICIAL APPLICATION FORMS
FOR PPOVIDING CABLE COMMUNICATIONS SERVICES
DUZ AT: Ralph ongie, City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
CLOSING TIME AND DATE:
December, 1980
ii 671-1
'�` 72
LIST OF CONTENTS
No. of Faees
OVERVIEW AND SL'*LIARY OF PROPOSAL
2
IDENTIFICATION OF APPLICANT
1
APPLICANT'S AFFIDAVIT
1
FORM
A:
Ownership and Control Information
4
FCr-M
B.
C�,:.ership Qualifications
2
rCR:
C:
Character Qualifications
n
-OR`:
D:
Experience —Current Cable Holdings
FORM
E:
E;{perience--.crmer Franchises or Ownership
Interests
1
FCR`!
F:
Financial Resources, Existing Capital
Commitments, and
Potential Building Co=.4tments
6
FORX
G:
Financial Pro Fora
14
FCR`:
H:
Service Areas, Construction Schedules,
and Construction
Fractices
5
FOR`:
I:
L-hannel Capacity and System Design
32
FOR`:
J:
Proposed Signal Carriage and Channel
Allocations
13
FCRM.
K:
Local Prcgra=ing (Local Origination
and Access)
4
— FCRY
L:
Proposed axes
3
FCKX
M:
Emplo%Wer.t Practices
1
FRC`:
N:
Miscellaneous
1
INTRODUCTORY OVERVIEW AND SUXY.ARY OF PROPOSAL
Each applicant should present a clear and concise narrative description
of the cable television s7stem and services it proposes to provide. Please
lK if —responses to a maximum of apprcxi=ately 25 pages.
Please cover the follcwing subject areas:
• Overview of Proposal
• Cwnership and Management of System
• Financial Co=itmer.ts
• System Design and Construction (including bi-directional
capability)
• Signal Carriage and Channel allocations
• Local Crigination and access
• Rates and Pate Guarantees
• Institutional Services
• Yarketing Plans
• Other
.he purpose of this section is simply to provide the reader with an
understandable overview of the proposal, not to discuss details which will
be covered elsewhere in the application forms.
The applicant must clearly differentiate between those elements of the
prcpcsal which it is firmly committed to providing (which will be ccntrac-
tually binding) and those which may be provided.
iv
Lnnfr_,�
.. e..�
SUMMARY OF CHANNEL ALLOCATIONS
Briefly describe below the designated programming or services proposed
for each of the cable channels (i.e., Channel 10--WPLG. Washington, D.C.;
Channel 3--Public Access/Bulletin Board). Please indicate clearly the divi-
sions between various "tiers" of cable service, if appropriate, using; a for-
mat such as the sample below.
Cable Designated Prcg=a—ing
Channel Service
I
I
i
I
i
I
I
i
I
I
i
APPLICATION FOR CABLE CODDIUNICATION SYSTEM FRANCHISE
FOR THE CITY OF MIAM1, FLORIDA
IDENTIFICATION OF APPLICANT
Name of Applicant
Address of Applicant
(Street)
(City, State, Zip Code)
Telephone
(Area Code and Number)
Date
Please give name and telephone number of principal to whom inquiries
should be made:
Name
Telephone
(Area Code and Number)
Authorized Signature
(Name and Title)
Date
vi `-`-
cn-
APPttCAT10N FOR CABLE C01,12IMNICATION FRANCHISE
Applicant's Affidavit
This application is submitted in response to the Invitation for Appli-
cations of the City_ of Miami, Florida, by the undersigned who has been
duly authorized to make the representations herein on behalf of the appli-
cant.
Applicant recognizes that all representations are binding on it and
that failure to adhere to any such representations may, at the city''s option,
result in revocation of any franchise that may be granted, in consequence
of this application.
Consent is hereb%. given to the city to make inquiry into the legal, -_-
character, technical, financial and other qualifications of applicant by
contacting any persons or organizations named herein as references, or by
any other appropriate means.
Firm Name
Affiant's Signature
Official Position
Date
Attest
APPENDIX I
OFFICIAL APPLICATION FORMS
M14 A: OUMERSHIP A.\"D CONTROL INTOP-MATION
Form A Page I of 4
OWIiEASciP Aln CONTROL INFORHATZON
(Reproduce additional
fors if needed.)
To be completed by all
principals, officers and
directors of applicant, a -ad by
beneficial oa-ners of 1
(one) percenc or more of
the stock or other ownership
interest in applicant.
Beneficial owners include,
but are not I'^ita'. to,
individuals, ccroraticrs,
partnerships, joint ventures
and unincorporated
associations.
:iame (if individual)
(if organization)
Address
=_
(:1umb er)
(Street,
(City)
(State) (Zip)
-_
rc`
Nature of interest:
( ] Partner
( ] Stockholder/Caner
a_
( ] Officer
( ] Corporate Director
Profession or Occuoatiwn
Naae of F.=lover
Address of E.^,,lover
N=ber of shares of each class of stock or ownership
interest (4_-c'_ud_:.g stock octiens, stock subscriptiors,
ar.d partnership options):
Percentage of ewnersh-47 of partnership, voting stock or
equity interest: W.
Form A ?age 2 of S
Ow'hiRSe:P A,14'D CONTROL IN-FOR.uATICN (continued)
To be completed by each organization or corporation which filled out
Page 1 of Form A (not individuals).
List all principals, officers, corporate directors, and beneficial own-
ers of 3 percent or more of your own stock or ownership interest.
If any of the names below are names of organizations or corporations,
complete a new page 2 of Form A for each entity until a_' 1 curnership interest
(individuals) are identified.
Name of Organization
Address
Name
(:lumber) (Street)
(City) (State) (Zip)
Address
Ownership
Cavac_t-:(?erren
For= A
Page 3 of 4
STOCK I.WOR.*iATION
Please answer the following concerning the corporation.
1. Is the applicant a vublic17 held corporation as defined by the hues and
regulations of the Securities and Exchange Commission?
(j Yes (j No
2. Stock of corporation:
IC -"ass of I Par ( Vote Per [No. Shares[No. ShareslNo. Sharesl Total No.
Stock I Value I Share lAuthorizedl Issued ISubscr'_ed!StccK:zcl'ers
I
3. Does applicant have any other obligations or securities authorized or out-
standing which bear voti:g rights either absolutely or upon any contingency?
f ) Yes ( ) No
If "yes," submit a statement of (a) the nature of such securities, (b) the
face or par value, (c) the nunber of Lmits author'�.ed, (d) the aucber cf ;.:zits
issued and outstai llzg, (e) the aunber of units, if any, prcposed to be is-
sued, and (f) :Le conditions of contingency upon which securities may be voted.
4. Is applicant cerroraticn directly or indirectly controlled by another cor-
poration or legal entity?
(7 Yes (? No
If "yes," please explain.
Form A Page 4 of 4
014NERSHIP DISCLOSURE
The successful applicant, including all shareholders and parties with any
financial interest in the applicant, must fully disclose all agreements and
understandings with any person, firm, group, association or corporation with
respect to the license and the proposed system. This includes agreements be-
tween local investorE, attorneys, lobby groups, consultants, etc., and the appli-
cant, or its principals, affiliates or parent company. Failure to reveal such
agreements will be considered withholding of pertinent information and will be
considered cause to withold or revolve award of the license.
Please append copies of any written agreements made regarding the ownership
or control of the proposed system. Use the space provided to outline any oral
agreements or understandings regarding the ownership or control of the proposed
system.
FOLM St OtWN'r.2SF=
Fors B ,
Page 1 of 2
OS.n SEIP QCAL1.FiCA--IONS
I
1• Does the applicant, or any person or business entit7 having any interestl
is applicant, di.ec_wy ar indirectly ourn, operate, control, or have an inter-
est in any of the fo llmrirg ..4
a. A nat:�onal broadcast television network (such
as ABC, CBS, or 2C3C); or ( J yes ( J no
b. A television, broadcast stat,cn w-'r.ose predicted
Grade 3 ccnteur, C=vuted in, accoraaace %-4- th Sec-
tion 73. 68N of the FCC's riles, over'_aTs is whole
or in part the suite area of such s^ste-I, or an
applicant for a llaease to cperate such a station;
or (J yea (? no
e. A televisicc ._a stator station licensed to the
cc—..W,::_t� cf such s;:9tem; or I 1 yes (J no
d. A telephcr_e cc.panv whose service area includes
the r t J yea C J no
e. A mews;aper :^.avimg _cca-I c_:c.tlaticn • ithim the
c cat_:. i ty . C J Fes C J no
A radio station. C I yes (J no
2. I= "Yes" to aco of the above, Indicate below, vith °a'_l ide=tif— -=g
particulars, the nature a=d t--tte=t of such ow-ne_ship operation, control or
interest.
Name of Applicant, Person or Eatit7:
Nat'a a of ::terest:
Ccnpany in which _merest Ee'_d: _
Na:e of Applicant, Person or r: tit7:
(cont,--tied)
I. For purreses of tbis forts, "`'-=terest" includes, in the case of corpor-
atiots, officers, directors, and share: -orders owmimg 1 percent or acre of the
corpa=7's outstardi;g vct`�.g stock.
2. An aff_:--a_ive resxr...se to Questions 1(a) through 1(d) :.ay ccnstituta
d_seta'_if:cat_cn of an at:1 cant is Federal Cam.. %--icatiens Ccmm'_ssicn (FCC)
crcas-cvners'rip rules prohibit such a= applicant f_em i:vest_=g :n cable sps-
t=s (see 47 CYR $ 63.45 and 3 76.501).
Form B Page 2 of 2
O*wNERSHIP QUALIFICATIONS (coati=ued)
Nature of Interest:
Company in which Interest field:
3. Is the applicant a 0. S. citizen? ( yes i no
4. Is the applicant a U. S• corporaticn? ( yes t j ao
I: "no," please describe it detail•
5. If "no," above, state an-7 ownership retained by persons or entities
which are not U.S. citizens or corporations.
POM C: CHARACTER QCALIFICATION5
Form C
Page 1 of 2
CURAC:'ER QLALIICATICNS
1. Eas the applicant (including any affiliate or parent corporation if ap—
plicable) or any principal ever been convicted in a criminal proceeding (f
of the following offenses were charged?
a. Fraud ( J yes ( ] n
( ] yes [ ] n
d. Bribery ( j yes ( J n
other �'sconduet
affecting public or judicial officers' perfcr=ance
of their chic:a'_ duties) ( j yes ( ] n
it any of the foregoing
offenses � J yes [ J n
2. if "yes," attach sera:ate sta:enen: providing specifics such as date,
court, sentence or fine, etc.
0
u
0
,
1. For purpc_es of this f on, "principal" any officer or director
of applicant, acd an7 perscn, fir=, corporaticn, partnership, joint venture,
or other e=tity, who or which owns or ccntrols 3 percent or =ore of the voting
stock (or any equivalent vccizg interest of a partnership or joint vesture)
of an applicant.
Fo rm C
Page 2 of 2
CHARACTER QUALIFICATIONS (continued)
3. Ras the applicant or any principal ever been a party, to a civil proceed—
ing in which it was held liable for any of the following or is now a party
to the proceeding?
a. Unfair or anticompetitive business practices ( j yes [ j no
b. Violations of securities laws (state and federal) ( j yes [ j no
c.
False/misleading advertising
( j yes (
] no
d.
Violations of FCC regulations
( j yes [
j no
L. If "yes," attach statement providing specifics.
5. Has applicant or ar.y principal ever had a business
license (defined to include FCC licenses, alcoholic
beverage and restaurant licenses, etc.) revoked, sus—
pended or the renewal thereof denied or is a party to
a proceeding that =ay result in sa-e? ( j yes [ j no
6. If "ves," attach statement providing specifics.
i. Has applicant or any principal ever, as a result of
an adjudicated proceeding, been found in violation --other
than routine service complaints --of any franchise agree—
ment, contract, or regulation governing their cable com—
Wunicatiors systens owned or operated by them? ( j yes ( j no
8. If "yes," attach statement prcvidinng specifics.
9. Ras applicant or any principal ever initiated liti—
gation against a franchising authority or had a fran—
chising authority initiate litigation against it? ( j yes ( j no
10. If "yes," attach state--ent providing specifics.
11. Has applicant (including any affiliates or parent
company) or any principal ever defaulted on a loan? [ j yes [ j no
12. If "yes," attach statement providing specifics.
POIN. D s EM ER: i�SC E—CL I MEN. CABS Z HOI. MNGS
m
.To rm D
Page 1 of 1
CABLE HOLDINGS CIm'N= 3Y APIFLZCA,,
,VD P:ESE:r, SZBSCRI3E`IR RA::S
?lease list all holdings (franchises and s?ste=s) in which appl'_caat or any
principal* cwms 3 percent or more of equitT interest. (If additional pages
are needed, please reproduce this form.)
Location of S7stem
I
Date of Franchise Award
or Accuisit,I m
i71ant M es of S7stem
I
mate ?_rst Su*scr=�er9
Served
I
Date
CocYieter.'
?ercentage of Svstem
Cs.m e r s h_ p E e-I d
-cider of Cont_ olliag
C�.-nersh'p ;-te_ est
Current Subscriber Rote!
I
I
Date Rate Approve--'
time and Address of
i
i
Local Gcve:: rent
r
Officials Responsible
I
for Cable Cper aticns
*icr Y1z-rases of t:is :cra, "pr'sc'pa:" near any of," or d-; ec•c: cf
appl=cant, a-d any person, firm, ccrrcraticn, subs'; iar7, .4o'.-.t venture or
other entity, .to Cr :-cica c« or controls 3 percent or more of the voti=g
stock (or any ecu.ivalent vot- :r_terest of a partnership or 4olr.t venture) c_f
an appi'cazt .
�
.eta::.....
5
1
10144 Es FCMER MNCEISES OR OW ERSEIP IINTERES S
Er -AL MEENTSt
TOIL%j F: FINANCIAL RESOURCES, STING CApI A. Co--miA.
T
A,'qD POTF-TIAL Bl;!=,!N.G CO. l':-X---%;`7S
Form F
Page 1 of 6
FINANCIAL RESOURCES
Please describe in detail the financing plan for the construction and operation
of the proposed Miami, Florida cable communications system. Proof of finan-
cial capability shall include the following:
1. Source of financing:
a. Equity --,-hat is the source and amount of equity capital?
b. Pr�=a:y Debt --What is the primary source and amount of debt?
c. Secondar-7 Debt --;hat is the secondary source and amount of debt?
d. Name and title of officer in bank or lending institution who has
authorized the financing for this project:
2. Terms of financing:
a. Amount--Pri=a." S Period
Amount --Secondary S Period _
b. Under what conditions is the financing to be made available?
c. What interest rates?
d. What collateral is involved?
e. Who are gua_aatcrs?
f. Are there related agreements made in connection with financing of
this project?
Form F
Page 2 of 6
FI`iAlICIAL RESOURCES (continued)
g. Are there any limitations on the sale of stock by individual.. holders
in this project? Describe.
h. Are there any bu.,-out or buy-back stock provisions? Describe.
i. Are there any assignments or intended assignments of stock voti:g
rights? If so, describe.
l
J. If applicant is (or includes) a multiple sostem operator, will it
3
agree to countersign the franchise agreement if asked by the cit!?
r
x
'k
k. Is applicant organized as an MRS Subchapter S corporation? If yes, _
what depreciation rate will be used for tax purposes?
Form F
Page 3 of 6
FINANCIAL RESOURCES (continued)
3. Documentation: Supply correspondence that assures applicant's financial
viability, such as letters of commitment from financial institutions, which
will demonstrate the availability of sufficient funds to complete the construc-
tion of the Miami, Florida cable communications system.
If applicant is a multiple system operator, give evidence of the portion
of the company's line of credit that is presently uncommitted, and will be
applied to the construction of the City of ?Miami system.
If local investors are involved, list the amount of equity contribution
of each plus the method by which the contribution is paid (e.g., cash, cash
plus credit, services, etc.). Include financial commitment documentation for
each investor.
If applicant is a division or subsidiary of an MSO, provide the proposed
debt instrument describing terms of payment.
If capital is to be raised by a parent company, provide an annual report
for the parent company.
NATIONAL. BUILDING CWHITNHNTS--NFU PLANT*
is
To be completed by all applicants or parent organizations frenchieed in more than one community. IE ad'Jf—
tional space to neededs plesea reproduce this form.
Hiles i Cost of Committed Plant Committed Total Capital Costs jCmaplerfam
(give name of commnity) 1980 j 1981 ( 1982 (' 1983 1994 Date*a
City of Miami Hiles
Cost
Community 1: Hiles
Coat
Community 2: Miles
Cost
-----�--
-��-
____
�------
---�----
Community 9: Hiles
Coat
Community it Hiles
Cost
Common ity 5: Hiles
Cost
i
*New plant includes the miles of committed plant and construction costs for ell recently awarded franchises p
which may not have started construction and also older franchises where building program fs not yet complete- i
**Completion date as promised in the application for each franchise. V.
a
o.
COfR1MENTS TO REBOii.D--REBUILDING PLANT a
To be completed by all applicants or parent organizations franchisedIn-more than one community. If ad'd!—
tional space is needed, please reproduce this form.
Miles of Committed Rebuilding I Committed Total Capital Coats
(give name of community) I 1980 I 1981 1982 I 1983 1984
Comuuuumity 1: Miles
Coat
Community 2: Miles
Cost
Community 3: Miles
Cost
Community '4: Miles
Cost
Community S: Miles
Cost
Goammity 6: Miles
Cost
Summery
ew Plant (including the City
of Miami)
Rebuilding Plant
Total Committed Capital Costs
o+
rOTENTIAL BUILDING COHMITHENTS--CURRENT FRANCHISE ArPLICATiONS
To be completed by all applicants or parent organizations applying for franchises in other comm:t-
nities. if additional space is necded, pease reproduce this form'
Com mitt' in which i Date of { Expected, Date ( Estimsted
franchise sought ( Application ( of Award ( plant mileage
Hims
Community is Miles
Cost
Community 2: Niles
-
Cost
-
I �
Community 3: __ Miles
Cost
ComMmity 4: Hiles
Cost
I
Total Eatimated
Mileage and Cost
"r
a
a
ftx
as
a
Cm
POILM G: TTiiArtCt-AL nO FBRILA
ANTICIPATED SYSTEM GROWTH AND REVENUE STATEMENT FOR THE. CITY OF MIAMI
CABLE SYSTEM
..�
Households I Average Average ( Average j -Percentage
of Pentratlon
Year
_
lfn Franchise) Daefc* 2nd Set* I Pay Cshle*l Basic Subscribers/
JPay Cable Subscribers/
Area jSrrbacrfberalSubaeriberalSrthscrllrerallinmes Passed by Cable
1110mes Passed by Cable
Year i
Year 2
Year 3
Year 4
Year S
Year 6
Year 7
Year A
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year IS
b
tr
(continued)
'*
*If
there fit more than one tier of service offered. prnvlde Information for
cacti tier. Show
separately,
number of srrbscribere. average rate, annrrnl revenue for each tier of
basic anti pay cable
�.
and other
servfrea. Algo show total for all tiers of service.
NOTE: Year
I beg f ns on the date tine franchise to evrr rued .
�o
i i I I i h 1 11 lu I_ -- . A .. i
ANTICIPATED SYSTEM GROWTH AND REVENUE STATEMENT FOR THE CITY OF
MIA.MI-CAi1LE
SYSTEM--Continued
----------------------J---j_
PerSubscr- ----- - —_---Reven_
Revenue iber i-_-
Annl
_---_ueA- ___n_u__
Totals
_-_ -- _ ---—
Year
_ _____—
I Basic* I2nd Set*j Pay* jinstal-I I Basic* I2nd
Set* j Pay*
metal-j Other
i (Yearly) I (Yearly) I (Yearly) jlation- I- Other
--I__-__--I-___-_-I__
I lation—(Services
Year
l _---
-----
----- -
Year
2
Year
3
Year
4
—
Year
5
Year
6
Year
7
Year
H
Year
9
Year
IO
Year
II
_
Year
12
Year
13
Year
14
Year Year
15
-_ _._
ow
A
-- ----
-------- ----- - - ---- -----
--------
(continued)
*if ;Mere is more than one tier ilf service offered, provide
information
for each tier. Show
Q
separately,
number of suhscrlbera. average rate, annual revenue
for each tier
of basic and pay
cable
and other services. Also a total sheet for all tiers of
service.
NOTE:
Yenr 1 begins on the date the franchise is awarded.
Fo rta G
Page 3 of 19
REVENUE DOCUMENTATION
Using the figures of households given in "Table 1," explain how your
subscriber and penetration figures are obtained.
In brief narrative, describe the source of the information and basis
for projection. Describe the basis for projection of penetration levels.
Were there any market surveys made? If so, how was it conducted? Please
furnish copy of market studies.
0
Year 1
Year 1
Year 2
year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
1 Year I1
Year 12
Year 13
Year 14
•a
a
IHCOHE STATMENT (in 0008)
Less (4RuaLe PineCA
( Equsla
Mess Op-1
Aevenaelerating lOperatlnal
Inpenseel
Equals
Income lInterestl
Less (Oepreci-lPre-taxi
ation 11ncome
(
Income (
Taxes {
Net (Deprect-r
Income
aEion
Cash
Floe
—
i
Year 15
NOTE: Ycar 1 begins on the date the franchise is avor
Fora G Page S of 19
I. Present, in brief narrative form, applicant's financial goals. Specifi—
cally, include in your discussion financial targets for operating income, pre—
tax income, and desired rate of return. What is basis for rate of return?
How is rate of return calculated? If the discounted cash flow method is used,
what is the investment base upon which the return is calculated? what are
the items considered as cash out —flows, iz—flows? TWhat residual value is as—
suzned for the system at the end of the franchise period':
2. Please describe how i=came taxes_ are c=puted. w4_1 federal inccme taxes
be consolidated w.th a parent c=pany? If not, show treatment of loss car-y—
for-aards and investment tax credits.
I"
O
SOORCF.S AND IISYS OF FUNDS
Sottr_cee of Fnn_ ds _ _ ( Ilnea of Funde
Year (Beginning( ( ( ( Capital Oper- ittereatl- -� Loan
( Cash ( Equity ( Loans I Revenue I Total ( Fxpen- ( ating ( Pay- ( Income I Repay- IDividendal Total
Balance I Yundu I I ISourceaj ditnree IF.xpeneesl mento I Taxeu I went I I uses
Year 1
Year 2 _
Year 3
Year 4
Year S
Year 6
Year 7
Year 8
Year 9
Year 10
Year 11
Year 12
Year 13
w
Year 14
A
a.
Year 15
0
rn
Total
o
NOTE: Year I heglno on the Mate the franchise is awarded.
Page 7 of 19
ANNUAL LOAN INF0£..0 kTION
1 ._._____ T....— 4..1—a Fnr Pear I AvPrACA interest Rates for Yea
Year 1
Year 2 _
Year 3
Year 4
Year 5
Y ear 6
Year 7
Year S
Year 9
Year 10
Year 11
i
Year 12
Year 13
Year 14 _ I
I
Year 15 i
Total
NCT7—: Year 1 begi:s c❑ the date the f:anc.`.ise is awarded.
ANTTCTPATI?D CAPITAL EXPI:NMI)RES-(in $000s)
I I I ( histrihntion Ilnstfroi-I I 1 Il.easehold
IAntenna s
Year
I b
Iilicrowavelileadendl Earth I Aerial I Tinder- I Pole I tioual 1 Drops* I Conver-I Build- (Improve -
I Towers
I I Istation) I ground IArrangmt.INetwork I 1 ters* I ings I ments
A
Year
1
Year
2
Year
3
Year
4
Year
S
Year
6
Year
7
Year
it
Year
9
Year
10
Year
11
Year
12
fi
Year
13
a
Year
14
Year IS _
b
Total
00
(continued) o
*Equipment on customer's premises (including capitalized labor). '*
NOTE: lnclude projected replacement capitalization where Applicable. Year 1 begins on the date the franchise is awarded.
AN-rIC11'ATKII CAPITAL EXPENDITIIRI:S (In soon,,)--contlnoted
---- —I--------
1 ----
OrIGIuutI Ion - _- I TeIII; t--)
I
11'ay CablelCapitalizedl
Year
I I.and
i oedfos I Nohilel E(polp- IEnulpm(!nt,lVelllclesil're-ni)-IF.nl;lneer-I lllriated Inverhead & I Other
I Total
I
a
I
1 I Vans I ment ISpr. hirtsl (eratingl
Ing IFc10 1pment I Etpilpment'tI •'�
Year
Year
2
__
Year
3
Year
4
_
Year
S
Year
6
i
Year
7
S
Year
8
'
Year
9
Year
10
Year
I
Year
12
Year
13
i
Year
14*
Year
IS
--
ow
Total
A
*DfacnHs and describe the method(s) used in determining capitalized
overhead applicable to the system.
�r0w
"DeBCrihe
other capital t xpendltures.
►-
`o
140TE:
Irlclode
projected replacement capitalization where applicable. Year 1 begins on the date the franchise
is
awariicd.
n lilllll II'pul I■III miplll .II IIIS III I,IgI II i I!I6 I I I I. IIII I I IIII. IL fi , �. II I II I. I IIII. II ,I
1 11.1 P J,P I I IIII Il �,ll, 4 I I, ii I I 1I L ,�I1LL
leli l I•Ililnnrl►I p1ml+ ue I ,,
�.,,,.,.... ..a .. ... ,ui i I.III II I un I i, Lllli III. _q 1,..1,111fi,,,T,IR7�R ii •'':40'�,a'±.. ....I ..
..
.. r eE �+
..,-•r.t.1.s'1
Fors G _
Page 14 of 19:
Item
CONS InuCT; CN COSTS
IAer_&I I Cndergrcund
'str'_Sut_cn Cost
Per X le
Make Ready
S
$
Eng:neer__g
S
$
Labor
S
$
Eardvar e a :d Strand
$
$
Cable
S
$
Electrcn=cs
S
I
$
Other
S
$
Total Ccst Per vie
S
$
i
;cat Per Dr=v
I
Drop Mater_a=
S
$
Labor
$
$
Converter
S
S
Total Ccst Per Drcp
S
$
v
e
DEPRECTATION Q'
(Antenna(s)I I ( I 1)1stribition lInstItie-I I I (Leasehold
Year ( 6 IHicrowavelifeadendl Earth I Aerial I Under- I Pole I tional I Drops I Conver-I Huild- (Improve- n
I Towers 1 I IStationl I grooind IArrangmt.INetwork I I tern I inga I ments
Year
Year
2
Year
3
Yea r
4
Year
5
Year
6
Year
7
Year
8
Year
9
Year
10
Year
11
Year
12 _
Yes
13
Year
14
Year 1500
I w
Total
NOTE: Year 1 begins on the date the franchise Is awarded.
I I .-
(continued) ►n
DEPRECIATION—cont Invied
{ OrIGInatIon I Test I ( I 11'ay Cable{Capltalfzed{ {
Year I (.and*I ;tildlos { Ifohlle{ Fgntp—lEqufpment,IVehfelealPre—Op—IFngfneer—I Related (Overhead 6 I Other I Total
I I 1 Vane I ment ISpr. 1'artol leratfngl Ingo (Fgnlpmentl Equlpment I 1
Year 1 -- -
Year 2 --
Year 3 Year 4 -- _
Year S
ti --
Year
Year
7
Year
8
Year
9 -- —
Year
IO -- _
Year I -- _
Year !2 Year 13
Year J 4 Year IS -- _
Total
*14ot depreciable.
NOTE: Year I beglns on the date the frnnclifse Is awarded.
"t
0
D)
00
m
I
N
0
►h
�o
Page 13 of 19
DEPI—ECIA; ION .JDS : 'CAT ION SE~T
Item
I Depreciation Life
(years)
1. Antenna(s) b Tovers
2. Hicrovave
3. Peadend I
4. Earth Station
S. Distribution:
a. Aerial
b. indera=cu=d
e. Pc.e a=ar:_e=eat
6. Drcns
7. Ccwerters
8. Bui.dr.gs:
a. Eeadeads
b. Scud=o
C. Of=ices
9. Leasehc.d I=:prcveneats, Furniture, Fixtures I
10. Orig'r.aticn Equipment
12. 'lest Tcu_raeat, Tools, Spare Parrs b Lzventory
13. Vehicles
14. Preoperating
I
13. Eng:oeeri=g
16. Pac Cable CoQverters (and
i
related e-.ui?zest; `
17. Caai=a_' ized ?a-rcL
18. Other (data)
*trot deprec_able.
Form G Page 14 of 1.9
PAYROLL EXPENSE
Under each category below, specify actual titles of anticipated personnel le.g.,
system manager under General b AdtninistrEtive; access coordinator under Origin-
ation; etc.). In the parentheses ( ), indicate the equivalent number of full -
tine employees for each category for Years 3, 5 and 10 (e.g., an entry might ap-
pear as $97,500 (7)--indicating seven employees receiving a total of $97,500 in
that particular year).
_ A` N-UAL SALARIES k;D ;AGES
(in $OOOs)
NOTE
Category I Year 3 1 Year 5 1 Year 10
A. Plant
1.
(
)
(
)
(
)
2.
(
)
(
)
(
)
3.
(
)
(
)
(
)
4.
(
)
(
)
(
)
6.
(
)
(
)
(
)
7.
8.
C
)
(
)
(
)
9.
10.
B. Origination
2.
(
)
(
)
(
)
3.
(
)
(
)
(
)
4.
(
)
(
)
(
)
5.
(
)
(
)
(
)
6.
(
)
(
)
(
)
7.
(
)
(
)
(
)
8.
(
)
(
)
(
)
9.
(
)
(
)
(
)
10.
(
)
(
)
(
)
C. General and AdrAnistrative
2.
(
)
(
)
(
)
3.
(
)
(
)
4.
D. Other
2. ( ) ( ) ( )
Total
Year 1 becins on the date the franchise is awarded.
Form C
Page 15 of 19
EXPENSES --YEARS 3, 5 AND 10 DETAILED PROJECTIONS*
Category I Year 3 1 Year 5 1 Year 10
A. Plant:
1. Salaries
a. Overtime
2. E=ployee Benefits
3. Maintenance
4. Converter Maintenance
5. Pole and Site Rentals
6. Macrcwave Service
7. Power
8. Vehicle Expense
9. Rent
10. Payroll and Expenses
Ca;ita_ized
11. Other*
TOTAL PLANT
(continued)
*Fif teen -year totals to be reVected in Su=mar; on Fon G, page 19.
_ **For all "other" categories of a particular total operating test, s;eci!y
the individual cc=pcnents that make up the "other" category and doc=er.t these
expenses.
NOW Cn a separate sheet, please describe all assu=pticr-s made to develop
operating e_tperses such as power cost per mile, number of subscribers, per
general and adv nistrative clerk or technician, leasing cost per vehicle,
etc.
Fora G
Page 16 of 19
E.-,PrySZS--YEARS 3, 5 AND 10 DETAILED PROJECTIONS* --Continued
Categor7 I Year 3 1 Year 5 1
Year 10
B. Origination Expenses:
1. talaries
2. Overt4n.e
- 3. Benefits
4. Rent
5. ".aintemance
6. De::ic'_e Expenses
i . Cc—cn Carrier
(Terrestial)
} S. Local Progra- Materials
.� a. .T Cape �tcck
i
b. Films
i# c. Misc. Supplies
1
9. Satellite Signals-
a. :nde^endents
b. Otter
c. Pay Cac_e
10. Stand-alone Frograr
;'ateria.
a. Fil= Sen-tce
b. Otte_ Nonautorated
c. Automated Progr —ing
11. Prcnoticn (LC b Access)
12. Other Miscellaneous—
Total
(continue=)
_
*Fifteen -year totals to be reflected in Summar7 on Form G,
p. 19.
-List all imported and their correspcmding annual
cost (i.e.,
LLsignals
NL!S--S 1.$V ws P UI i-s )
separately.
..... . tip.
Fern G
Page 17 of 19
ESE::SES--:LA_DS 1, 3 AND 3 DE":AI:.ED FROT_CTIONS —continued
Ca tegory
C. General, Selling b Adaim-
istrative Expenses
Year 3 ( Year S Year 10
1. Salaries
a. Overtire
: Benefits
3• Light, Feat b Power
4. Vehicle Expense
5. Rent
6. .ravel b ..cterta!=ent
7. Ccct:_.-utions
i E. Professional Services
9. Stationer-: b Supplies
11C• Postage b c'reig t
�II
+!1 Advertising b 'rrcmction
J
12. telephone and telegraph
13. Sundry Cffice Expenses
lam• Insurance
I15. Bad Debt Accounts
i
.15. Start-up 'xpe;.ses
I17. State and Local ?axes
!
I18. Franchise Fees
119. License d ?e=lt Fees
cc al.
23. Copyright ?L-oents
121. Services ?src-aced fr=
Parett Cct:paay*
�.:. Payroll 6 Expenses
Capitalized
+23. Other**
0 rl1r. GS a r1
*If appiicac:e, fil'_ in Fe^ G,
p• 16 Jy cote dotal;
**For a.l- "ether" categories cf
a particu'_ar tota-1 operating cost, specify the
indivld:;a. cc=pcnents t:-ar =a-e
up the "other" categcr7 and doc=e=t these
expetaes
N07E: Year 1 begirs on the date
the franchise is awarded.
l, i ,1 i I , I.
SERVICES miHnIAS1!11 FROM PARENT nRr:ANUAT1n11
(If nppllcable)
(NnTM: if the applicant owns more thnn one cnbie system, describe the bosh to be weed for alloeatfng
corporate overhead. For example. Perhaps all overhend punl conte are allocated to Bydtems on the basis of
a ratio of eyetem euhecrtbere to total company eubacrlbera. From current experience, allow total amount
of corporate overhead to he ehnred by all eynteaiu.) (Ilse nOdltlonal alieeta if neceaaary.)
NOTP: Year 1 heRlna on the date the franchlaes le awnreled.
------ Nunr�Rement -__ -- fuatomer -- —Other (l'lenau � Total
Year Services Legal Accoi�ntlnR ( RI) ling �Progrnmroi�iR� detail)
1'reop—
ernting
Year i
Year 2
Year 3
Year b
Year 5
Year 6
Year 7
Year B
Year 9
Year 10
Year 11
Year 12
Year 13 _
Year 14
Year 15
M
0
EPE.
ry'tT� -P
Fxrr.NSFS--SnflftAnY (fit OOOR)
1 1 PLANT I OI(TGINhTTON 1 _ ►se►ti t
Year ITechnlcal i — - I li'rngram i'rnch►c.l---� ---- 15ivhirlea l - E E Total
(Salaries al Other ISuhtotall Salarlee 6 1 Other ISnhtotall & I Other ISuhtotatl
I Denefits 1 1 1 Renef Ito 1 f lllencfItal E 1
ptleoper-
eting _ --
Year 1 Year 2
Year 3
Year 4
Year 5
Year 6 _
Year 7
Year 8
Year 7
Year 10
Year 11 —
Year 12
Year 13
Year 14
Year 15
Total
NOTI?z Year 1 1►eelna on dote the franchise fe awarded.
SER7:C , aRMAS, C'V%NS .tUlC::ON SCa-C'1so
AND CONS ,RCC::CN-FI.UC::CES
A
Form E Page 1 of 5
SERVICE AREA
1. Supply a nap indicating the boundaries of the service area to be con-
structed in each year of construction.*
a
*Year 1 begins on the date the franchise is awarded.
Form H
Page 2 of S
CONSTRUCTION SCPEDU`LE BY AREA
(Basic Subscriber Network Only)
Referencing the demographic data provided by the city, show the proposed
schedule of system construction by Census Tracts
Year I Census Tracts
1
2
3
NOTE: Year I begins on the date the franchise is awarded.
Form H
Page 3 of 5
CONSTRUCTION SCHEDULE BY MILEAGE
(Basic Subscriber Network Only)
Category I Year 1 1 Year 2 1 Year 3
a. Aerial plant miles
b. 'Underground plant
miles with conduit
c. Underground plant
miles w/o conduit
d. Total plant miles
(for year specified)
e. Cumulative plant
miles completed
(inception to date)
f. Cumulative percent—
age completed
(inception to date)
NOTE: Year 1 begins on the date the franchise is awarded.
Form E
Page 4 of 5
CONSTRUCTION PRACTICES
1. System Construction
a. Will construction be undertaken by a turnkey
Contractor? Na
b. If "yes:"
(1) Has turnkey contractor been selected? (J Yes (J No
(2) G'ho is turnkev contractor?
I . Discuss availabili t-7 of wcrk creve and equipcent to ensure c=pliance
.t` cocst_jcticn sci:edule. retaail eutstandi=g agreements with construction
c=;anies cr equi-pment suppliers. Supply copies of any, ccm=it=ents regard-
i=g this particular proiect
3. Discuss proposed construction standards dealing with safety and relia-
bility. List co:stm-ctioc codes waith will be followed.
}
e
Form H
Page 5 of 5
CONSTRUCTION PRACTICES (continued)
4. List or discuss standards to be followed regarding tower construction,
marking and lighting.
5. Describe company's construction polity if utilities are located both
aerially and underground.
6. Do you have a manual of construction practices to be followed by con-
struction crews?
} yes ( } no
If "yes," attach a copy of the manual as an appendix to this application.
pCRti I: CIAMML CAIPACIT`. AND SYST-rw- DESIGN
rota I
Page 1 of 32
OLWAL CAPACITY AND SYSTEM DESIGN
1. Proposed System Design
Plant Miles
A. Mileage
(1) Subscriber `etwork--basic subscriber system
(conform to totals on For= H, page 3).
(a) single cable? ( j
or
(b) dual cable?
(2) institutional Network (if separate institutional
cable) .
(3) Other (exrlain).
b. Design Ty^e
Briefly describe the type o: la
yout that will be used to provide cover—
age to the franchise area. 'cxa=rle:� "hub system linked by AYI, radial trunk
laycut using a rezote headend interccrnected by super trunk, dual —trunk, dual —
feeder and separate institutional network, each using 400:•IIz equipment."
fora I - Page 2 of 32
CE_YNTL CAPACITY AND SYSTEM DESIGN (continued)
2. 'Describe distribution system, cable and equipment. Give manufacturer,
type and model number for the following.*
Please Note: If any equipment proposed for use (in this or other sec—
tions of Form I) is not presently available for purchase, this fact must be
indicated (e.g., converters in development but not yet available).
Cable:
Aerial
Buried
Drop
Active Electronics:
Trunk Amplifiers
Bridging Stations
Line Extenders
Power Supplies
Standby Power Syste_s
Distribution Systems
Institutional Systems
Alarm System
Converters
Mdressaile Taps
Other
Passive Electronics:
Splitters
Power Combiner
Subscriber laps
Connectors
Other
*It will to presn=ed that equipment described or its equivalent will be
used in actual construction. As an alternative, applicant may provide de—
tailed specifications for such equipment.
Form I Page 3 of 32
CP.ATNEL CAPACITY AIND SYSTr—% DESIGN (continued)
3. Will converters be initially provided to all subscribers,
for all tiers of basic service? Yes No
If "no," explain under what condition converters will be made available.
4 of 32
Form I
CEAINtiIED CAPACITY OD SYSTE'DESZG`t (continued)
lans to operate or contract for transmission services usia9
4. Describe p
the following bands.
a. Common Cartier
b• Cable Television Relay Se.^lice (CARS)
C. Multipoint Distribution Ser-*Iice (Ms)
d- Other
Form I Page 5 of 32
C;vEL CAPACITY AND SYSTEM DESIGN (continued)
S. Describe plans to operate or contract for any satellite earth station(s)
including appropriate technical specifications (e.g., size of antenna; manu-
facturer of antenna; low -noise amplifier make, model number and noise figure;
receiver make and model number; standby power; etc.)*
a.
Eas frequency ccordinaticn study been performed?
[ j yes [ J no
_ b.
have
on -site measurements been made?
[ J yes [ j no
c.
Eas a
link budget analysis been performed?
[ J yes ( J no
If
"yes,"
tc (a), (b) and/or (c), a;taca copy(s) as an
appendix
to this application.
d.
Will
earth station(s) be protected by FCC license?
[ J yes ; j no
*It
will
be presumed that equipment described or its equivalent will be
used in
actual
ccr.st-uction. As an altermauve, arplicant may
provide de-
tailed specificaticns
for such equipment.
Form Z Page 6 of 32
CELMNEL CAPACITY AND SYSTEM DESIGN (continued)
6. SERVICE LEVEL SEPAPATION
a. Pay Cable Isolation
Describe design specifications for the delivery of pay cable tele—
vision, including methods of security (e.g., negative —option or posi—
tive —option traps, sync suppression, addressable converters, etc.).
b. Tier Isolation
If more than one basic service tier is to be provided, describe how
lower tier subscribers will be isolated from receiving upper tier pro—
gramming.
Form I Page 7 of 32
CZ.ik.`-N—EL CAPACITY AND SYSTE.`i DESIGN (continued)
7. Describe headeud design and reception facilities (including make and
model numbers of antennas, signal processor, modulators, demodulators and Fl..
processors).* Indicate whether signal studies or measurement programs have
been undertaken in selecting the proposed site(s). Attach as an appendix to
this application a summary spectrum utilization chart for each activated
cable in the proposed system.
a. Will FRC charnelization be used? [ yes [ j no
b. Will co=on video sy-:chrcnizaticn be used? ( j yes [ j no
c. Will individual FX radio signal processing
be used? ( J yes [ j no
*i: will 5e presumed that equipment described or its equivalent w-:: be
used in actua'_ cocst:sction. As an a'_termat:ve, applicant may provide de—
tailed specifications fcr such equipment.
"7
Form I Page 8 of 32
Cip,A-N'h-EL CAPACITY AIM SYSTEM.. DESIGN (continued)
8. HC`E SECURITY SERVI:E
a. Equipment
If proposed, describe home security service to be installed (it -
elude make and model numbers).*
*It will be pres=ed that equ-=ment described or its equivalent wi:: be
used in actual construction. As analte^ ative, applicant may provide de-
tailed spec:_`ications for such equipment.
Yam-
f
Form I Page 9 of 32
CRAtiNEL CA.PACIiY AIM SYSTEM DESIGN (continued)
8. EMS SECURITY SERVICE (continued)
b. Availability
Will this service be i=ediately available as each portion of the
cable network is activated?
] yes ( 1 no
If not, when and on what basis will such service be made available?
c. Personnel
Will a separate staff be provided to operate the alarm ser-,,ice or
will cable service personnel be shared among the operating divisions?
Will contract e=;Ioyees be used? Explain.
Form I Page 10 of 32
CHANNEL CAPACITY AND SYSTEM DESIGN (continued)
9. Describe any other headend electronic and/o-- subscriber terminal equip-
ment* that will be initially installed or offered for immediate installation
which will support pay -per -view, energy management, text display, polling or
other sophisticated services. Indicate firm dates for the introduction of
any services that are described but which are not to be initially .available.
Itemize any arrangements made or agreements reached that bear directly on
the progra=,ing sources and/or data bases/software needed in connection with
the optional services described in this section of the application. Also
describe the system design's compatibility with videotext, computer pro-
grammed learning and infor--ation systems.
*It will be presumed that equipment described or its equivalent will be
used in actual construction. As an alternative, applicant may provide de-
tailed specifications for such equipment.
Form 2 Page 11 of 32
Cp.,;NN 16. CA2ACI;Y AND SYS?E'i DESIGN (continued)
10. Is status monitoring of system to be employed?. ( j yes ( J no
If "yes," describe, in detail, the status --monitoring system you plan to use.*
*It will be presumed that equipment described or its equivalent :ill be
used in actual construction. As an alterative, applicant may provide de—
tailed specifications for such equipment.
Form Page 12 of 32
C'E,;.N'�'EL CAPACITY AND SYS,EM DESIGN (continued)
11. Describe proposed Emergency Alert System including make and model num—
bers of equipment. Indicate whether system will override all audio and video
channels or only audio channels.* Also indicate how the system will be acti—
vated and from where.
*It will be pres=ed that equipment described or its equivalent 4_1: be
used in actual ccnst:sction. As an alteraative, applicant may provide de—
tailed specifications for such equipment.
D;p
Tom I Page 13 of 32
CHAMMEL CAPACITY k%,M SYSTEM DESIGN (continued)
12. Describe plans for standby power at the headend, hubs and satellite
terminal. Give cake and model numbers of equipment as well as time capacity.
Indicate whether envircnnental systems (i.e., air conditioning and lighting)
are to be powered during standby conditions.*
be pres=ed teat equipment described or its equivalent &.:1 be
used in actual construction. As an alternative, applicant aay provide de—
tailed specifications for such equipment.
Fora I page 14 of 32
CFi.AXNEL CAPACITY AND SYSTEM! DESIGN (continued)
13. Describe the equipment to be used for programming any automated channels,
including make and model numbers.*
*:t will be presumed that equipment described or its equivalent w-11 be
used in actuo: constr•sction. As an alter:lative,.applicant may provide de—
tailed speci:icat:cns for such equipment.
JYmmm'V tier �''...
i...
Form
I Page 15 of 32
CHA.`'`ii CAPACITY A.vD SYSTLM DESIGN, (continued)
14.
Channel capacity to and from subscribers (Subscriber Network).*
a. Downstream:
-
(1) Frequency Spectrum —+Z
(2) Channel Capacity
(3) Channel Capacity Initially
Activated
b. Upstrea=:
—
(1) Frequency Spectra= _ _ — :gig
(2) Mhannel Capacity
(3) will upstrear `ce initially activated from all
—
subscribers? ( ) yes ( j no
c. If "no," indicate when, under what circu.:star.ces art how future
capacity will be prow idled.
(1) TAhen and under what cir _..stances?
(2) Eon?
*I! more than one cable, indicate spectrum and capacity of each and
provide totals.
KNOWN
Forma I Page 16 of 32
CHA.%; EL CAPACITY A.vD SYSTEM DESIGN (continued)
14. Channel capacity to and from subscribers --Subscriber ,network (continued)
d. Will upstream be initially activated along any portion of Subscriber
Network?
( J yes ( J no
If yes, please explain.
e. Justify the capacities proposed for both upstream and downstream
use in tens of projected service demand.
Fora I Page 17 of 32
CF.AN'N—EL CAPACITY AND SYSTE`! DESIGN (continued)
15. Additicnal channel capacity to and from institutions (Institutional Net-
work —if proposed; see Instructions to Applicants).
a. Downstream:
(1) Frequency Spectre.:..
(2) Channel Capacity
(3) Nu--ber of channels to be
initials; activated?
b. I: full downstream capacity will not be initially activated, indi—
cate when, under what circ=stances and how future capaci•; wi-1 be
provides.
(1) When and under what circumstances?
(2) How?
Fora I Page 18 of 32
C$AV,N'EL CAPACITY jk�YD SYSTEM DESIGN, (continued)
15. additional channel capacity to and from institutions (institutional Net-
work) (continued).
C. Cpstreaa:
(1) Frequency Spectrn= (per cable) - .:'z
(2) Channel Capacity
(3) C:anre: capacity initially
act:va:ed?
d. Describe, in detail, when, under 4hat cfrc=stances, and hcw upstrea=
capacity w::l be provided to institutions.
(1) When and under what circ,=stances?
(2) Eow?
e. Is a sera:ate institutional cable to be constructed or will insti-
tutional caanne:s be carried in scce c!:Ier way? E.Ypla:a.
Fo rm I
Cc:�ti'tizL CAPACITY A.W SYSTEM DESIGN (continued)
Page 19 of 32
15. Additional channel capacity to and from institutions (Institutional Pet=
work) (continued).
f. List institutions proposed to be included in institutional network.
Fora I Page 20 of 32
CH.A.`::rLL CAPACITY MID SYSTEM DESIGN (continued)
15. Additional channel capacity to and from institutions (Institutional Net-
work) (continued).
g. Clearly indicate whether the institutions listed on the previous
page [1-15(f)] will be initially connected or simply passed by cable.
Also, discuss the provision of terminal equipment to institutions and
centralized switching equipment to support use of the proposed network.
Describe how the upstrean;downstream network will be coordinated and
managed.
M "t.
Form Z Page 21 of 32
CAPACITY AND SYS-EM DESIGN (continued)
1:. Additional channel capacity to and from institutions (Institutional Net-
work) (continued).
g. Describe anticipated uses of the institutional network. Also give
details of any agreements with or commitxents to any potential institu-
tional network user(s). (Attach any such letters or agreements as ap-
pendix to this application.) Justify your choice of the number of
tunnels to be provided in tees of projected institutional and/or ccm-
cercial user demand.
Form I
C:A_NN, c.L CAPACITY Aln SYSTEM DESIGN (continued)
Page 22 of 32
16. Discuss expansion capability with regard both to the short-term and the
long -tern, including specific references to the degree of flexibility for
adapting the proposed system to increasing or changing capacity requirements.
Fo rm I
CHAYN—EL CAPACITY AND SYSITEM DESIGN (continued)
17. System Interconnection
a. Interconnection between.headend and hubs:
(1) Xicrowave
(a) Describe the type of microwave:*
Page 23 of 32
(b) Number of channels:
(i) Downstrea=: (ii) Gpstrea=:
(c) Frequent;: spec:r-a=: z
(d) Est:cated Pcwer.
(2) Cab1e
(a) Describe the site and type of trunk cable (list make and
model n=ber):* '
*It will be presu=ed that equipment described or its equivalent w:_: be
used in actual construction. As an alternative, applicant may prcvide de—
tailed specifications for such equipment.
Form I Page 24 of 32
CH.A.\N'EL CAPACITY AND SYSTEM DESIGN (continued)
li. System Interconnectiou (continued)
(2) Cable (continued)
(b) List interconnection equipment (amplifiers, etc.), giving
flake and model number.* Indicate modulation technique to be
used.
(c) Frequency Spectr,=:
(i) DownstreaW channels
(ii) UFstre`-. channels
(d) Initial activation:
(i) Downstream channels
(ii) Upstream channels
*It will be presuyed that equipment described or its equivalent will be
used in actual const:t:cticn. As an alternative, applicant may provide de-
tailed specificaticns fcr such equipment.
Fors I Page 25 of 32
CAPACITY ASYSTE ND M DESICN, (continued)
17. System Interconnection (continued)
(3) Describe any other interconnection mechanisms intended to
provide either i=proved performance or better operational flex-
ibilitq.
Form I Page 26 of 32
CHANNEL CAPACITY AND SYSTEM DESIGN (continued)
17. System Interconnection (continued)
b. Describe proposals for interconnection with other broadband telecom-
munications systems. Include technical plans for interconnection, detail-
ing how the company will ensure compatibility with other systems. Indi-
cate any existing agreements that bear on the matter of regional inter-
connection.
*It will be presumed that equipment described or its equivalent will be
used in actual construction. As an alternative, applicant may provide de-
tailed specifications for such equipment.
Fora I
CFIA.NNEL CAPACITY A:;D SYSTEM DESIGN (continue
18. Technical Standards-
List the key system technical performance standards which will be met
_
by the -proposed cable television system. Include at least carrier -to -noise
ratio, -composite triple beat and cross modulation specifications. Provide
calculations supporting these specifications associated with the following
transmission paths.
_
a. Worst case satellite received signal to furthest subscriber, includ-
ing distribution system and super trUnK effects.
b. Worst case off -air signal to furthest subscriber, inc_ud--:ng distrib-
ution system and super t-,,;nk effects.
c. Worst case furthest institutional orginator to furthest subsc-'_ber,
including u-strea. path, distribution system and longest super tr.,=k
effects.
A11 calc•s_aticns should be related to full loading of ronsvnchrcnized
television signals. Any enhancements such as PRC channe_ization, s;ncaronous
_=
carriers or FM video =du.ation must be se;arately stated and d3 i_p:a�e�eats
individual:! listed.
=-
BE
M-
Form I
CHANNEL CAPACITY AND SYSTEM DESIGN (continued)
18. Technical Standards (continued)
Page 28 of 32
The applicant certifies and guarantees that these freely offered techni-
cal standards that exceed the minimum requirements of FCC are within the fi-
nancial capability of the proposed system as demonstrated on the pro forma
statements and will be delivered to the City of Miami, Florida system.
Signed:
Title:
Fora I
CEANWEL CAPACITY AND SYSTEM DESIGN (continued)
19. Amplifier Cascade
What will be the longest amplifier cascade
Number of amplifiers:
Number of miles:
Type of cable:
20. Per`or=ance Tests
Lescr:te prcce ales for ir.:tial woof of
rerfer-_ance tests i:,c:udiag number and general location of test points. Le —
scribe the test equipment to be used; cethod and frequency of test ecu:._e at
calibration; and forms and method of recording field data and per --anent rec-
- ordicee�' ng.
Form I Page 30 of 32
CnVNEEL CAPACITY AND SYSTEM DESIGN (continued)
21. Systems !,�ainter.ance
Describe procedures for routine preventive maintenance, including type
and fregcercy of system inspection and testing, number and qualifications of
technica.1 star: and service facilities.
Form I Page 31 of 32
C*cLkN'ti'EL CAPACITY AXD SYS.E.`i DESIGN (continued)
22. Customer Complaint Policies
Discuss procedures for responding to and resolvine customer complaints.
Give maximum response time fcr responding to and resolving customer complaints
received during nor --all business hours, after hours, weekends and holidays.
Indicate how subscribers will file trouble reports during office hours, after
hours and on weekends. will answering services or autccatic answering
Machines be used at any time?
Form I Page 32 of 32
CA-PACITY: AND SYSTEM DESIGN (continued)
-' 23. System Yap
Attach, as appendix to this application, a map indicating estimated lo=
cations of headend, tower and antenna, hubs, studio, microwave facilities
and earth station(s).
:4. Attach, as appendix to this application, a headend block diagram shoo.-ag
a*1 ca or c--cponents. Prcvide separate illustraticns for Waster headend,
sia•:e headencs, hubs, etc., as may be needed to describe Ore facilities to be
C
_ +I J! ?RorCS= 5I6: ► . C�+R.R'.3.Gz AN'J CEav; L a:,LCCa::4N5
to to j
Page 1 of 13
Pt. O$CS= SIG4, AL CAP-R-IAGE MD CH.1-NNi . ALLOCATIONS
SERVICE TZTE N0. (if applicable)
NOT2: If proposing multiple tiers of service, cccplete seoa-ate Form J (pages
1 through 10) for each tier.
1• Broadcast Television Channels
a. Local 3rcadcast S;S-als (carried
Netaorkl { Call {3rcadcast{ Cable { ?reposed
A+fiii-( C:.7 { Letters { Cha :ae! ( Cha�.el IActivaticn
Date**
- i
I
.I
i
*For' esa=;:e, CPC, CBS, NBC, PBS, inde?ecdeat, other.
**SQecif7 prvpcsed activation date i,F other than initial date.
Fors 1
Page 2 of 13
PRCPOSEn SIGNAL CARRIAGE AND CEA2rNEL ALLOCeOACNS—continued
SERVICE = NO. (if applicable)
507S: If propcsi:,g --u:t:ple tiers of service, complete separate iora J for each
tier•
1. Broadcast television Channels
b- :mpertea television broadcast signals (caried full—t'_re).
Set-.rcrkl I Call IEroadcast; Cable I P_opcsed
A.:'' i— I Cit7 I Letters I Chat :e_ I Cha=e_ (Activation
Date**
I
I
L.�
r--
i
I _
I
I '
I
*for esa :e, A'C, CBS, KaC, PBS, itcepeccent. other.
**Spec-:7 ;,-C;csed act' .,_7a._t ..`..` 1.:'ti
cn date other ...an al date.
Porz j Page 3 of 13
?RCPOS5� S'MIA-L CAP%L7-4Ci AND CPAI"= AUCCATIONS—continued
SZr%V:CE ::_r3 NO. (if applicable)
I` propos:.--g multiple tien of ser lice, complete serarate 'czz J :Oi each
tier.
1. Broadcast Television Channels
c. :'e:evts:on b:cadcast
a'--na?s prcpcsed for part-t'=e car_iase.
`et ork
! Ca11 !Brcadcast!
Cable ! Prcpcse
C:t7
! Letters ! Chaz=eII
al
at:cr* I
! ! !
! Date*-
.
I
�
I
I
I
I1
�
!
1
1
1
I
on+y, s?zd:cated
prcgr= back -cut
t=e, aer:cri :+::-
ro« J Page 6 of 13
�Cnl S r' S:G^:AL CA.;MLkGE APiD MMM AZLOCATIONS--cent uad
: 72 NIO. W applicable)
;. Sctbrcadcast C a=els (dces not include pap cab:e services)
A. Autcr.ate_' Prcgra—'- (e.g., t'.=e, weather, news, sle-scam news,
sperts, stecc:a:'.cet, et:.)
Se-:'. e I Source I Cable I Ecurs Per I Propcsed
I Channel I Da? (est.) IAc=:vat=cn Date
- i
I
I
I
— I
I
*S:ec=:,7 ;rcpcse-' act:vaticm data L other than 1=.=t_al date.
Tom J Page S of 13
PROPCSM SIGNAL C.2.R:AGE AND CEANNLIL ALLOCATIONS —continued
SZV:C,-r := NO. (if applicable)
2. Nonbroadcast C`. armels (does not include pay cable se: -vices)
b. Ncnautoma :eci Y: cg: a=!=S
(1) Received Via Sate1?ite
1 Senic e I Sou: ce I Cab le { Hours Per { P: oposed
{ Channel i Day (est.) {Activation Date*'
I
i
I
i
t
I I
1
I �
I I
l !�
I
i
*Speer prcpceed activation date '..i o:Ze: tar :--�:ia'_ date.
Tom J Page 6 of 13
PROPOSED SIGNAL CAR.'.IAGE AND CEANMEL ALUCATIONS- continued
SERVICE TAR NO. (i: applicable)
2. Xonbroadcast Channels (does not L.clude pay cable services)
b- Nonautcmated P: cgra^j.ag
(2) System orig=hated prcgra=7.':g (not via satellite) includes prcg:aa-
mimg 10call7 produced, purchased, leaded or obta_=ed f-z= other
sources (e.Icluci::S access) .
Service I
Source I Cable
I Ecurs Per
I Proposed
I Cbas.el
I Da:' (est.)
IALt::-a==cn --atE
I
I
i
.I
I
I
1
*Spec:_7 proposed activation date i= other than i=itial date.
Tom J Page 7 of 13
PRIOPOSED SIGNAL CAP_RZAGL AND ALLOCATIONS (ccnt:aued)
SMP:CP T=1 :i0. (if appl f eable)
2. Vonbroadcast Channels
e. Designated Access Cha-...Lets (chance -Is set aside for nenoperator-or:eti-
nated local nroara=^ --t)
* Cab le Ecurs Per. Dad ?.cpcsed
.fie ICha=&I � Available �Act!-.-a.icn Da.e** �
's.g., pub::c, lcca: gcver✓ent, ecucaticnai, leases', ccmposi.e (:.-,.St c.
pesite Laes), or aLq other s-pecific &.1locattom cantenplated.
"Specify prcpesed activation date if other than in -It -al date.
Page 8 of 13
?DCPOS= SIOAL CA.?RL-%G2 AND AS�'.00ATIC,4S (cottiaued)
sz:% .CP, ._E3 NO. (if applicable) .
3. Pav Cable Se sic e
a. Per c.ba :net ser7ice
:7- ( Source + Cable �Eours�Per Day Proposed
Channel Ava_-able activaticm :ate** �
I
j
I
I
I
I
i
i
M
*Fcr esa_p.e, =cvies, regior-al sports, c'_assic mcvies, ett
"SFeci47 prcpcsr� activatic= datc 11 other than i..ritial date.
1►ot� .�
nOPOS= SIGNAL CA_U. AGE AND A.LLOCA':IONS (contiaued)
SERVICE T:T_:. 1110. (if applicable)
3. Pay Cale Service
b. Per program service (if applicable)
Page 9 of 13
Cable.
Hcurs
Per Dap
Proposed
':'?pe* I SourceChannel
Available
IActivaticn Dat
i I
I
i
I
i
I
t
L
*For eza:ple, `_irst-r= movies, regiona: r-icrts, classic movie's, etc.
**Speci:y proposed activaticz date if other than initial date.
Form J
Page 10 of 13
SiJ IARY OF CHANNEL ALLOCATIONS
SERVICE TIER NO. (if applicable)
On the chart below, briefly describe the designated allocation of each
channel on the proposed system (e.g., VXYZ-TV,ch_10 ABC; 24-hr sports,
automated; educational access; Pay TV; etc.). Indicate with an asterisk (*)
any channel (s) that will not be activated or available initially.
n, annel! Description o. Channel
No.
1
2
3
Y
[C !
i
� 8 _
12 _
13
14
19
16 1
i 1'
1?
1�
2J
21
23 I
i4 !
w � 1
26
2 • i
!
29
3^
V
31 !
32 i 33
34
35
36
l� 37 I
f 38
g
a
v
40
41
42
a
Fora J Page 11 of 13
PRCP^S= SIGNAL CARRIAGE AND ALLOCATIONS (contizued)
4. Audio Se--7ice
a. Broadcast Radio Statio" (A`!, F'i, Sbortwave aad other frequencies)
(1) FIX brcadband I ) ; or
(2) Individual,v pzoc"sed signals I I
For3.at* Ecu: s Per IPrcpcsed Act:.va-• I Call City
Dal (es t.)I tics Late" I Letters
(coat_=uec)
*For example, count:-?, rock, etc.
**Specl.f7 propcsed act_vat_on rate i` other than i--itia'_ date.
Page 12 of 13
MPOS3D SIGNAL CAFLRUAG'c AND ALLOCATIONS (continued)
s. Audio Ser7ice (cc=timued)
a. 3roadcast Radio Stations (AM, FM, Short-aave and other frequencies)
(continued)
I Fc=at* I Ecur3 Per 1?- cposed Active- I Call I CiL
I I Lav (est.)I tion Date** I Letters I '�
*For e_-caz :e, cc= .7, rock, etc.
**Spec_:9 prcpcaed ac.ivat:on date i-I other than initial date.
s'on J Page 13 of 13
PRCPOSED SIGNAL CARR:AGr.. AND AILOCA ICINS (continued)
A. Audio Service
b• Nonbroadcast Audio P:ogra=ming
Fcr=at* I Nours Per Day (est.) I Proposed Activation Date**
r
*For e_ta=:e, co=t--:, rcck, etc.
**Spec'-? proposed act:'aticn date is other tan 'witia:: date.
rcm*�! K: tocAL n. cc,?-'ml'=G
Form K
Page 1 of 4
LOCAL. P.RCGc' ,kV—v NG
LOCAL AND FAC '-! 1T: S
Applicants should list all studio facilities and equipment winch will
be prov;ded for local program production. Although fac " ties =ay be ava'1—
able to all classes of users. please note that ac^.ess studies and equipment
(L'sted cc page 2) are for ^r'_ory use of access channel users, and should
exclude any facilities or equ,pce:�t listed on page I.
?:ease indicate location of production facilities and List :take, =ode:
tuner and your a;: rcxt=ate cost for each piece or grouping of a ut� ment.
1. Lcca.: Cr'_ginaticn Studio:
a• Location (apprcx'iate):
b. Size (apprcx'rate):
c. W:+1 this Racilit.7 also se -7e as an access studio? ( j yes ( 1 to
Local Or_g_natica Fqu_?=ent List (provide =aloe and model nu=ber*)• :c
not include equi;=e_t ava:rable to access channel users on as exclusive er
pricrit? basis.
*It v'l be pre9:.:c;ed that e:u.ir=ect described or its e;::=va.:e=t w:_ be
pr:v_ded. As an al:er=at_ve, arp_;ca=. Wa—, ;rov_de deta':ed srec_°:car_..-s
!:r such equ:rse=t.
Fora K
Page 2 of 4
ACCESS PRODUCTION EQUIP! -ENT AIdD FACILITIES
Please describe local origination facilities and list equipment, if any,
that will be available to access channel users on an exclusive or priority
basis. Do not include local origination equipment listed on Form K, page 1.
1. Access Studios:
a. Locations (approximate):
b. Size (approximate):
.. L:st access equipment that will be made available to access channel users
cr, an exclusive or priority basis (provide make and model number and your cost).*
3. Explain maintenance policies and plans for equipment that will be avail—
ab:e to access channel users on an exclusive or priority basis.
4. Explain plans for integrating existing production facilities in St. Paul
and the metropolitan area in your overall access facilities plan.
Submit policies on your relationship to a com=unity access corporation
that =at be reccgnized by the city to promote and provide access programming.
E. Describe policies on your relationship to independent producers (purchas—
inr, propra^..aing, employment, etc.) working in the metropolitan area.
be presumed that equipment described or its equivalent will be
.rovided.
Form X Page 3 of 4
COI_%M,%. .YT TO LOCAL ORIG^tATIO:I Ln ACCESS PRCGRA_%C NG*
I. Operatimg Budget (include only salaries, benefits, maintenance of pro-
duction equipment, tape and fill stock, miscellaneous supplies and promotion):
a. First year $
b. Third year
C. Fifth year
d. Tend year
2. Staff Cc== =ent :
a.
First
year
b •
='airs
year
C.
rift_.
year
d.
Tenth
year
S
Full-time Part -tire
3. Bow many part-ti=e positto:.s ecua-' one full person yea-.
K• Apprcz;=ata:v a how -any hours per week cf local crtgisatict prcgra--'--
v'_l be preseoted� by syste= operator? Do not '�.c?ude automated prcgra-4-2
access prcgra—l=g, ray progra—'ag or prcgrar �'ng received v=a satel ite.
A.:so, do not inc=ude re:eat s:.cL:-.gs of a particu:ar program.
a. Prog= --'tg produced lecal:y by operator• hrs/week
b- Progra--.4:4 obtained fr= other sources. hrs/Reek
Total hrs/week
S. What percectage of o-erating budget listed above wil'_ be allocated to
access charnel preducticc assistance?
percent
*This specifically excludes progra--.g obtained v`a satell.-Ite.
Fora K Page 4 of 4
ACCESS CHANNELS AND ADMINIS"11UTION
1. Applicant is to attach a complete set of rules and procedures for the
operation of public, educational, government and leased access channels.
The rules must describe:
o availability of
channels
to various users;
o availability of
equipment
and rules governing use of equipment;
o scheduling procedures for
reserving equipment and channel time;
o any rates to be
charged,
including deposits;
o copies of contract forms
and application forms; and
o availability of
production
assistance, etc.
MINORITY PROGR-k%MlSG
1. Describe plans for funding, production and transmission of minority
programming, and plans for involving minorities in research and decisio=ak—
ing in local prcgracc..:ng.
[Xinority progra= .in.g is programming that is "by and about" minorities
and is sensitive to the values, needs and concerns of the particular minority
group w� cse perspective the program is intended to reflect. With the excep—
tion of linguistic programming, it should not necessarily be perceived as
"for minorities only," in that programming oriented toward a specific target
=a, we:l have a broader audience appeal. Furthermore, a minority
program is a program that closely reflects the social, economic and cultural
exTerience and perspective of a minority group, and focuses on a need or an
interest of the specific minority group with which the program identifies.)
gCP,1 to. PROPOSED W =5
r
Form L Page 1 of 3EMT
MOWS -
PROPOSED M7_rS
Rate Schedule: Consideration will be given to applicants with the most rea—
sonable installation and subscriber rate schedule that is at the sane time_
justified in the financial pro forma statements by use of realistic levels
Of penetration.
PERIOD OF RA':':: S^ABILL1 '. -
1. Bces applicant guarantee that no changes in an•, rates
;rill be made until the cempietion of system construction,
as indicated in For= H?
I yes to
(authorized Signature)
:. other, please state.
e
2. List below proposed rate schedule for basic fcr basic subscriber ser—
vices, cc=ercial rates, multiple dwellings, etc. If different tiers and
options a:t ;.-fired, detail charges for specific tiers as desigalled in
For_ .
Proposed Rates Cf:e.ec
i
By Applicant
Installation I Mcnt-i
For- L
Page 2 of 3
OT RATES
1. t= deposit is required for converter, state amount and describe condii
tiotis :dating to ownership, use, repair and replacezent•
2. ?a7 Cable: ^eta!-' proposed rates that will be Charged for pay cable
9e:-:ices. include charge, i= any, for lock -out devices and eSaipce=t izstal-
laticn. %dicate whether charges are mont,a7 or assessed on a ote-c'-e
bass.
1
Fora L
Page 3 of 3
OTFIR RA7ES
3. Studio and Equipment Usage
Describe studio and equipment usage rates for commercial and noncommer-
cial users. Include rates for such services as studio production time,
remote production time, supervision and instruction, leased channel costs,
system playback ccsts, and editing costs.
Service to Cover W:ental and Educational Facilities
a. I-stallaticn Fees:
(1) One cable outlet ( per facility)
(2) More than one outlet (per facility) $
b. Monthly Rate $
5. ndvertising
Describe on separate page all proposed advertising policies.
6. Cther Rates or ?olicies Not Mentioned Above.
7. If offering a two-way interactive channel on the basic subscriber syste=
(Cable "A") for lease as desired by the city, describe ?our rates for leasing.
S. Describe rates for designated leased video channe:.
?b `: Nt PSu%C:ICES
Form M
Page 1 of 1
VPLOYMT PRACTICES
1. Present plans for compliance with all federal, state and local laws per—
taining to discrimination, equal opportunity employment programs and affir--ma-
tive action programs. Include your policies on hiring and utilization of
minorities in job training, management, engineering, search committees, an—
nouncing and filling job vacancies and contracting policies.
2. Zescribe policies on using union labor for syste= construction, opera—
tion. and/or =zintenance.
rofM V... X'sm"LLActs
Page 1 of 1
MI S CZLLLI4E OUS
Pease' briefly s=aarixe any elements of the proposal which have not
beta adeeuatel-v covered in other parts of the application fcrxs.
Artici.ate? future develeFaents may be discussed, but should clearly be
:dead:ice: as such. Please li.=it respor�es to apFrcx'.=ateiy S pages.
W;
APPENDIX II
CITY OF MIAMI CABLE TELEVISION
REGULATION ORDINANCE
JJC/wpc
10/21/80
R-12/9/80
ORDINANCE NO.
AN ORDINANCE PRrWICING FOR THE CONSTRUCTION,
OPERATION, REGULATION AND C-NTIROL OF CABLE
TELEVISION SYSTEMS WITHIN THE !fUNICIPAL
BOUNDARIES OF THE CITY OF MIAMI.
WHEREAS, the City Commission is aware of the development of
Cable Television in the United States and the State of Florida
and in Dade Count:; and
WHEREAS, the City Commission wants to provide for the order-
ly development of Cattle Television in the City of !Ilami for the
enjoyment, education and protection of the citizens of the
City of !liami;
NOW, :'HEF.EFOPE, BE IT ORDAINED PY THE CO,',MISSION OF THE
CITY OF' !•;IA1:1, FLORIDA:
Section 1. SI!^FT TITLE. This Ordinance shall be known
and may be cited as the "City of Miami Cable Television R.cgulation
Ordinance". 1/.
Sectir'. Fer the rurposes of this r�rdanar.ce,
the following terns, phrases, words and their derivations shall
have the ❑eaninn giver, herein, unless the context clearly ina3i-
Cates that another neanin^ is intended. When not inconsistent
with the context, words used in the present terse ir.:ludc tl-c
future, words in the plural number include the singular
and words in a sinaular number include the plural number. The
word "shall" is always mandatory and not merely directory.
A. CABLE TELEVISION SYSTEM - Any facility, the
primary function of which is either to receive and amplify the
broadcast signals of one or more television and radio stations
or to provide signals for additional closed circuit program-
ming, and to redistribute such signals to members of the public
who subscribe thereto or to whon redistribution of such signals
is required by this Ordinance, by means of wires, cable, cor.-
1/. A Topical Index to this Ordinance is provided and attached
hereto as "Schedule A"
1
duits, or any other devices which are above, below, on, in, or
along highways or other public places in the City.
B. BASIC SUBSCPIBEP SEPVICE means the total of the
following:
(1) The transmission of all broadcast television
signals carried on the Cable Television
System.
(2) The transmission of the public, educational,
local government and special access channel
-ignals;
(3) The transmission of the local oriaination
channel signals;
(4) The installation and re -connection of sub-
scriber service outlets.
(5) Any such other programming as may be pro-
vided for in the License.
C. AUXILIAFY SERVICES - Any communications service
in addition to "basic sul:scribcr services" including but not
limited to pa_: TV, burglar alarm service, data transmission,
facsimile service, home sY,op,_inu service, etc.
D. CABLECAETINC - Prcarammina (exclusive of broad-
casting sianalE) carried cn a Ca':,le Television System.
( 1 ) Frocrammina (ex-
clusive of broadcast signals) carries on a Cable Television
System over one or more channels an,--' sutject to the exclusive
control of the cable operator.
(2) ACCESS CABLECASTING. Services provided by
a Cable Television System on its public, education, local govern-
ment, or leased channeiz:.
(a) PUBLIC ACCESS CHANNEL
A specially designated, non commercial
public access channel available on a first -
come, non discriminatory basis for program-
ming, not deemed by the Licensee to be
violative of contemporary standards of
2
community taste relating to display of ob-
scene, lewd, vulgar, prurient or violent
material, at no charge to USEPS, for which
the system shall maintain and have avail-
able for public use at least the r+inimal
equipment and facilities necessary for
the production of programr.ina for such
a channel.
(b) EDUCATIn:: ACCF:cS CHA:'::EL
A specially designated channel for use b•.
local educational authorities at no charge
to users.
(c) LOCAL :ER`:"E::? ACCESS CH.AN':EL
A specially designated channel for local
government useE at no charge to users.
(d) SPECIAL ACCESS CH.A":NFL
A channel that is dedicatee to a scecific
organization, institution or corr,nity
interest grow;-, at chance to users.
(e) LEASED ACCESS CHA':::FL
Portions of the s,•=_ter's no, -broadcast band-
width including un-:sec portions of the
specially desianate-d channels for lease4
access services.
E. CHANNEL - A bard cf frecuencies 6 megahertz hide
in the electro-magnetic spectrum capable of carrying either one
or more audio-visual television signals and a few non -video signals
or a large number of non -video signals.
F. CITY - The City of Miami, Florida.
G. CITY Cn'V!ISSION - ;,,e City Commission of the City
of Miami, Florida.
H. CITY MANAGER - The City Manager or person desig-
nated by him to act for his office in administrative natters relat-
ing to cable television.
I. CONVERTER - An electronic device which converts
signals to a frequency not susceptible to interference within the
3
television receiver of a subscriber, and by an appropriate
channel selector that permits a subscriber to view certain
signals delivered by the Cable Television System.
J. FEDERAL COIL"UNICATIOIdS CO'I'1ISSICIN OR FCC -
The present federal agency of that name as constituted by the
Communications Act of 1934, or any successor agency created by
the United States Congress.
Y. LICENSE - A grant by the City to a person or cor-
poration to allow that person or corporation to operate a Cable
Television System within the City pursuant tc subsequent ordinance.
L. LICENSEE - Any person or company, including af-
filiates or sursidiaries tc whom permission is granted by the
City to operate a Cable Television Systen withir. the City pJr-
suant to subsequent ordinance.
!?. LICENSE AREA - That portion of the License Entity
for which a License is granted under the authority of this Ordi-
nance or by subsequent ordinance.
N. LICEt_SE AUTHCPITY - The City Commission or any
person or boars designated by the City Commission.
O. LICF"_S.T'_E':71TY - The City of Miami, Florida, as
presently constitutes including any area henceforth added durinc
the terms of any License granter.
P. LICE:;SOc - The Cite of F'iar.i, Florida.
Q. CROSS F.EVr! - Any an� all compensation, in
whatever fern, exchange or otherwise, derived from all cable
services within the ccnfines cf .he City of !iani, including,
but not limited to, revenues from subscriber rates, pay cable,
advertisinn, lease-; access cl,annels, and installations, ccn-
nections and reinstatement charges; provided, however, it does
not include any grants, or taxes imposed directly on any sub-
- _ scriber or user by a local, state or federal governmental unit
and collected by the Licensee for such entity.
R. PUBLIC STPEET - The surface of and the space
above and below any street, terrace, avenue, road, highway, free-
way, bridge, land, path, alley, court, sidewalk, parkway, drive,
4
boulevard or other public way, now laid out or dedicated, and all
extensions thereof and all additions thereto, within the City.
S. SUBSCRIBER - Any person, firm, corporation, or
other legally recognized entity receiving the service of the
Licensee for any purpose.
T. UPSTREAM TRANSHISSIOt1 PATH - A signal path pro-
vided by a Cable Television System to transmit signals of any
type from a subscriber terminal to another point in the Cable
Television System.
U. LOCAL EGUCATIC`N AUTH^P.ITIF.S - Those indivi3uals,
groups, organizations or governmental entities accredite3 by the
State of Florida which provide primary, secondary or coller.e
level education, public or parochial, within. the Cit%.
Section 3 NC-N EXCLUCI`•F L'CE':SF Any i.icense ^rante r b:
the City of Miami pursuant to this Ordinance and s':bse^cent
Ordinance shall grant to the Licensee the right an: privilege tc
erect, construct, operate and maintain in, upon, alone, across,
- above, over and under the streets, alleys, public ways an-4
public places now laid out or- dedicated an3 all such extensions
thereto anc additions thereto in the City, all necesEar,•'.:ires,
cables, conduits, conductors an: fixtures for the maintenance
and operation of a Cable Television. S.•stem for the into-rcc-ticn,
sale, transmission and distribution of television programs an-
other audiovisual electrical signals, anal the ricl"t tc trans -it
same to the inhabitants of the City cn the terms and conditions
hereinafter set forth. The right to use and occupy said streets
for the purpose herein provided shall not be exclusive an3 the
City of Miami expressly reserves the right to grant a sicilar
use of said streets, alleys, public ways and places to any other
person or corporation at any time during the period of this
license. No system shall be allowed to occupy or use the streets
of the City or be allowed to operate without a Cable Television
License.
Section 4. TERN.
A. The term of any license granted by the City of
tliami pursuant to subsequent ordinance shall be fifteen (15)
5
years from and after the passage of the Ordinance awarding the
license, subject to the conditions and restrictions herein pro-
vided, and further provided that the City Commission shall have
the right to review any license periodically at such time or
times as the City Commission may from time to time elect and
as hereinafter provided.
B. A license, after public hearing and according
to the license renewal procedure as provided in Section 40
herein, may be renewed for a period not to exceed fifteen (15)
years.
Section 5. LICENSE FEE.
A. A Licensee shall pay to the City a sun equal to
five percent (5%) of the total gross revenues of the Licensee
from all services in the City which sum shall be paid quarterl}
as provided in the ordinance granting the license. Licensee
shall cooperate with and assist the City in seeking any waivers
necessary for obtaining a fee in an amount higher than three
percent (3�). The license fee shall be subject to renegotiation
at a higher percentage rate at such time as laws and regulations
permit.
B. Notwithstanding the above payments required in
paragraph A, Licensee shall pay to the City a minimum quarterly
payment of 5125,000, payable beginning on the effective date of
the license and quarterly thereafter as provided in the ordi-
nance granting the license. The minimum payment shall be a;:-
justed quarterly to reflect changes in the Consumer Price Index.
Such payments hereunder that are in excess of the five percent
'(5%) license fee, as provided for in paragraph A, shall be
credited against future license fee payments due to the City by
the Licensee in excess of the minimum payri— t.
Section 6. RIGHTS SUBJECT TO POLICE POt.ERS. In accepting
a license, each licensee acknowledges that its rights hereunder
are subject to the police power of the City to adopt and enforce
general resolutions and ordinances necessary for the safety and
welfare of the public, and each Licensee agrees to comply with ■
all applicable general laws and ordinances presently in force or
subsequently enacted by the City pursuant to such power.
6
Section 7. APPLICATION PROCEDURES.
A. This Ordinance itself grants no authority to
operate a Cable Television Systen to any person or corporation.
Such grant shall be made by the adoption of a separate ordinance
awarding specific license to an applicant who has complied or
stated it will comply with the provisions of this ordinance.
A. Any person or company interested in obtaining a
license to operate a Cable Television System in t'iami shall sub-
mit a non-refundable application, fee of Ten Thousand. Dollars
($10,000.00) and a written application to the City which cor.-
tain., the followinca information.:
(1) The name, address an, fcrr of business of
the applicant. If the applicant is a crrperation, it shall also
state the names, addresses and occupations cf its officers an
directors, and the na^es ar.d a dresses of any parent or suLsidiar.•
companies. If applicant is a corporation controlled by another
corporation, the names, ad,,':resses anC: occupations of the officers
and directors of the controllinn corporation shall also be state:.
If the applicant is a rartncrshir or ether l.:nincorperate�_ assccia-
tion, the name ar-4 a. Tess of c'9ch mcr, ber, active, cr inactive,
shall be set forth, an-4 if one or rore partners are corporations,
the names, addresses and occupations cf such corporation's offi-
cers and directors shall als^ be stated.
(Z) A list of all ether Catle-elevision Sys"o-E,
if any, in which the applicant has a substantial interest, statinc
the location., approximate rumor of hones served, and the name
and address of the local licensing bode.
(3) A thorough description of the proposed Cable
Television System to be installed and operated, the manner in
which the applicant proposes to construct, install, maintain
• and operate same, together with a map delineating dates of pro-
posed service to the various areas of the Licensed Entity.
(4) A schedule of proposed rates and charges to
all classes of subscribers for both installation and monthly
service and a copy of the proposed service agreement between
the applicant and its proposed subscribers if any.
7
(5) A full disclosure of all agreements
Ind understandings, whether written, oral, or implied, between
the applicant and any other person with respect to the owner-
ship interests, sale of shares or buy-back provisions dealing
with the proposed Cable Television operations. If such a
written agreement exists, a cony thereof shall be provided with
said application. If a license should be granted to a person
posing as an agent for an undisclosed principal or representative
of another undisclosed person, such license shall be deemed void
ab initio and of no force and effect.
(6) An estimate of the cost of constructing the
applicant's proposed systen and a financial statement prepared
in a form satisfactory to the City Manager showing applicant's
financial status and its financial ability to meet these pro-
posed costs.
(7) A sworn statement acknowledging the appli-
cant's familiarity with and eligibility under the provisions of
this ordinance and the Rules and Regulations of the FCC, and its
intention to abide by same.
(8) Any such supplementary information as the
City !tanager shall at any tine demand in order to reasonably
determine whether the requested license should be granted.
C. No application for a license shall be acted upon
by the Cit., ^tanager until a publication of intention to award
such a license has been authorized by the City Commission solicit-
ing the filing of applications. The City Manager shall then
specify a date for a public hearing before the Commission. After
A hearing, the City Commission shall select a successful appli-
cant based upon its findings as to the qualifications of the
applicant to render satisfactory Cable Television Service.
The City Commission has the right to waive any irregularities
in the application or reject all applications.
D. once the successful applicant has been deter-
mined, but prior to the adoption of a separate ordinance award-
ing a specific license, there shall be a full disclosure of all
agreements and understandings, whether written or implied, be-
tween the applicant and any other person with respect to the
8
proposed license or the proposed cable television operation.
If any such written agreements exist, a copy thereof shall be
provided.
E. The City Commission, after a public hearing,
shall adopt an ordinance awarding a specific license to an
applicant, which ordinance shall contain conditions and pro-
_ posals for the constru-tion, operation, regulation and con-
duct of Cable Television Service.
Section E. LI-ITATIONS.
A. A Licensee shall, at all times during the life of
its license, be subject to he lawful exercise of the Licensor's
police power and such reasonable regulations as the City 'tanager
or City Commissio❑ may subsequently promulgate. Nothing contained
in this ordinance shall be deemsd tc prohibit in any wa;• the rig`;'_
of the Licensor tc levy non -discriminating cccupational license
taxes on an;• activity conducted by the Licensee.
S. All privileges prescribed by any license subse-
quently granter: shall be subordinate to any prior lawful occu-
pancy of the public streets, and th-� Licensor reserves the right
to reasonably designate where a Licensee's facilities are to be
placed within the publi: rights -of -way.
C. A license shall be a privilege which is personal
to the original applicant. This license shall not be assigner
or transferee.:, either in wh cle or in part, or lease--, sublet, or
mortgaged in any manner, nor shall title thereto, either legal
or equitable, or any right, interest or preperty therein, pass or
vest in any person witheut the prior approval of the City
Commission expressed by ordinance. The propose,: assignee must
show financial responsibility as determined by the City and must
agree to comply with all prow ions of the license.
D. The company shall promptly notify the City of an%
actual or proposed change in, or transfer of, or acquisition by
any other party of, control of the Company. The word "control" as
used herein includes not only major stockholders, General Partners
and Limited Partners but also includes actual working control in
whatever manner exercised. Every change of "control", transfer
9
of "control", or acquisition of "control" of the Company shall
hake the license subject to cancellation unless and until the
City shall have consented thereto, which consent will not be
unreasonably withheld. For the purpose of determining whether
it shall consent to such change, transfe-, or acquisition of
control, the City may inouire into the qualification of the
prospective controlling party, and the Company shall assist
the City in any such inquiry. Furthermore, a rebuttable pre-
sumption that a transfer of control has occurre9 shall arise
upon the acquisition or accumulation by a-iy person or grow; of
persons of five percent (5k) of the vctina shares rl the Licensee.
Nothin4 containe.Ll herein shall attempt to limit the transfer of
stock of anv Licensee whose stock, is traded on recognize: stock
exchanges and under the control of the Security Exchange Co,
mission or similar bodies.
E. A mortgage or pledae of the Cable System equip-
ment, license, or revenues, or any part thereof, for financinc
purposes or otherwise, shall be made only with the prior approv-
al of the City Commission and shall be subject ant: sibordinate
to the rights of the City under this ordinance or applicable
law.
F. The consent or approval of the City to any assign-
ment, lease, transfer, sublease, or mortgage of any license
granted to any Licensee shall not constit.ite a waiver or re-
lease of the rights of the City in an4 to the City streets.
G. In the absence of extraordinary circumstances,
the City Commission, will not al -prove the assignment of any license
by a Licensee prior to completion of construction of the Cable
Television System.
H. The City Commission reserves the riq,,., to review
the purchase of any transfer or assignment of any system, and any
assignee of any Licensee expressly agrees that any negotiated
sale value which the City Commission deems unreasonable will not
be considered in the rate base for any subsequent request for
rate increases. Recovery by seller of the costs of construction
of the system plus accumulated operating losses to date of sale,
if any, shall not be considered an unreasonable sales price.
10
Section 9. CABLE TELEVISION SYSTEM! INSTALLATION.
A. All Cable Television Systems shall be located
so as to cause the minimum interference with the proper use of
streets and the property adjoining the streets and shall not
interfere with any gas, electric or telephone fixture, water
hydrant or main. A Licensee shall restore any street it disturbs
to as good a condition as before the disturbance and shall main-
tain the disturbed street in that condition, acts of God and
reasonable wear and tear excepted, for one year after restoration
is complete. If a Licensee fails to restore or maintain as pro-
vided 'herein, the City may do so and Licensee shall be a,sessed
and pay the cost of restoration or maintenance.
B. All wires, cables, amplifiers, and other propert%
shall be constructed an.� installed in an orderly and workmanli'r.e
manner. All cables and wires shall he installed parallel to exist-
ing telephone and electric wires whenever possible. flultile cable
configurations sh311 be arranged in parallel and bundled with due
respect to engineering an.: safety considerations. All installa-
tions shall Le un::er reur.d in thosq-• areas of the Cit where l.ct;lic
utilities_ providing both teler.hone or electric service are ur.:ier-
ground. in areas where either or bot`. telephone and electric
utility facilities are above ground at the time of installation,
the Licensee may install its service above eround with the under-
standinc that at such time as both facilities are recuired to 1:c
placed underground by the Cite, the Licensee shall likewise ;lace
its service undergroun1 without cost to the City or the residents_
of the Cit;, other than as may be allowed under the provisions of
-this Ordinance.
C. Any Cable Television System shall be installed only
on property of the Licensee, on existing pole facilities covered
by utility approval, on property of a subscriber, or on utility
easements, rights of way or streets of the City. Installation of
new poles is expressly forbidden without the prior written con-
sent of the City Manager.
D. The Licensee shall at all times install and maintain
its wires, cables, fixtures and other equipment in accordance with
11
the requirements of the Licensor's Building Code and Electrical
Safety Ordinances, and in such a manner so as not to interfere with
any installations of the Licensor or other Licensees.
E. The Licensee shall at all times keel, and maintain
in a safe, suitable, substantial condition, and in good order
and repair, all of its structures, lines, equipment and connec-
tions in, over, under, and upon the streets, sidewalks, alleys,
and in public ways or places of the Licensor, wherever situated �
or located.
F. The Licensee shall at its expense, protect, suprort,
temporarily disconnect, relocate or remove any property of the
Licensee located on streets, rights of way and/or easements of the
City, when required by the City because of traffic conditions,
public safety, street vacation, freeway and street con=_tr_;ction,
change or establishment of street grade, installation of sewers,
drains, water pipes, power lines, signal lines, or any other
type of structures or improvements by the City or for other good
cause. If Licensee fails to do sc, the Cit, ma, cause the neces-
sary work to be completer.; and Licensee shall be assessed anal
pay the City the cost thereof %•:ithin ten (10) days of receipt
of an itemizc-4 account of such cost.
G. Upon termination of services to any subscriber,
the Licensee shall, upon reauest of the subscriber, promptly
remove its facilities and cc-jipment from the premises of such
subscriber, provided however that nothing contained herein
shall be deemed to require the Licensee to remove any of its
facilities and equipment that are located inside of walls or
that have been placed underground.
H. The Licensee at the request of any person holding
a permit issued by the City, shall temporarily remove, raise
or lower its wires to permit the moving of buildings or equipment.
The expense of such temporary removal, raising or lowering shall
be paid by the person requesting same and the Licensee may re,iuire
such payment in advance. The Licensee shall be given not less
than forty-eight (46) hours advance notice to arrange for such
temporary wire charges. This provision shall not apply to requests
by the City for which movement there shall be no charge by Licensee.
12
Section 10. TECHNICAL STANDARDS.
A. Methods of construction, installation, and mainten-
Ance of the Cable Television System shall comply with the National
Electrical Safety Code, National Electrical Code of 1975, National
Bureau of Standards Handbook 81 (Part 2), or other applicable
Federal Eeaulations as amended to the extent that such Coles or
Regulations are consistent with local law affecting the construc-
tion, installation, and maintenance of supply and communications
lines. Tc the extent that such Code or Codes or Regulations are
inconsistent with other provisions of this Ordinance or with local
law, the latter shall govern.
B. Any tower constructed for use in the Cable Tele-
vision System shall comply with the standards contained in Struc-
tural Standards for Steel Antenna Towers and Antenna Supporting
Structures, EIA Standards RS-222-A as amended as published by
the Engineering Department of the Electronic Industries Associa-
tion, Washingtcn, D.C.
C. Installation and physical dimensions of any tower
constructed for use in the Cable Television System shall comply
with all a,%prcpriate Federal Aviation Agency regulations includ-
ing, but not limited to, Objectives Affecting Navigable Airspace,
14 C.F.R. 77.1 et seq. February, 1965, as amended.
D. Any antenna structure used in the Cable Television
System shall comply with Construction Marking and Lighting of
Antenna Structure, 47 C.F.R. 17.1 et sea., September, 1967, as
amended.
E. All working facilities used and conditions exist-
ing during construction, installation, and maintenance of the
Cable Television System shall comply with the standards of
the Occupati�:..-i1 Safety and Health h—ninistration, as amended.
F. The Licensee shall fully comply with the rules ,
and standards for Cable Television operations as adopted by
the Federal Communications Commission, 47 C.F.R. 76.601-76.613
(1972) and all amends thereto. In the event that such FCC regu-
lations are found to be inapplicable to the Cable Television
System, the Licensee recognizes the right of the City to adopt
13
local technical standards substantially similar to FCC regulations,
with regard given to changes in the state-of-the-art.
G. The Licensee shall tally comply with the rules
and regulations contained and promulgated within this Ordinance
and all other City ordinances or resolutions ti:hich apply to the
operation of Cable Television Systems, as amended.
H. Stray ra3iat•.r)n (Rf leakage) shall be measured
adjacent to any proposed aeronautical navigation radio sites to
prove no interference will occur to airborne navinational recep-
tion in normal flight patterns.
Section 11. CO)NSTPUCTION TIMETABLE. Service shall be ma3e
available to One Hundre3 percent (1001) of the City within three
(3) years from the date of the passage of the Ordinance awardinn
a license or such shorter perio3 as reouirea by the ordinance
awarding a license. After service has been made available to any
particular area of the City, the Licensee shall, within thirty
(30) days of a renuest, furnish service to any person or entity
requesting service.
Section 12. TIGHT TO INSPEC':. The City through its repres-
entatives may, inspect the Cable Television System during constr,:c-
tion. After completion the City shall have the right to inspect
the Cable Television System at any time.
Section 13C'STS'_'C71(�!; EO?M.
A. Licensee at its ex;.ense shall maintain in effect
for a period of five (5) years or until completion of the Cable
Television, System, whichever is lonner, a corporate surety bona
with a company satisfactory to the City and in a form approved
by the City Attorney, in the amount of One Pillion Dollars
($1,000,000.00), conditioned upon the faithful performance of
Licensee's duties under this Ordinance or subsequent reso_ l ions
• or ordinances, and providing that if the Licensee fails to comply
with the ordinances or resolutions, the City can recover up to
the full amount of the bond, jointly an3 severally from the
principal and surety, for any damage suffered by the City as a
result of such failure to comply, including the cost of removal
of the Cable Television System of the Licensee. The performance
14
bond policy shall contain a provision that the City shall be
notified in writing not less than 90 days prior to its cancella-
tion. The bond policy shall be filed with the City Clerk.
B. As an alternative to providing a construction
bond as set forth in the preceding section, a Licensee may re-
quest permission from the City 'tanager to provide some other
type or form of security or sufficient guaranty of performance,
which shall also be submitted to the City Attorney for approval.
Section 14. LETTER OF CREDIT.
A. Within ten (10) days after the award of a License,
the Licensee shall deposit with the City a letter of credit from
a financial in-tituticn in Dade County in the amount of 5100,000.00.
The form and content of such letter of credit shall be approved
by the City Attorney. The letter of credit shall to used to in-
sure the faithful performance by the Licensee cf all provisions cf
the license; and compliance with all orders, permits and direc-
tions of any agency, cormission, board, department, division or
office of the City having jurisdiction -ver its acts or defaults
under the license, an. the payment b',.' the Licensee of any claims,
liens and taxe- due the City whl&. arise 1;,' reas-n of the con-
struction, operation, or maintenance of the Systec,.
B. ':he letter of credit shall be maintained at
$100,000.00 daring the entire terr of the License, even if
amounts have to be withdrawn pursaant to subdivision A or C
of this section.
C. If the Licensee fails to pay to the City any
compensation within the time fixed herein; or any penalties
exacted under Section. 38; or fails to repay the City within tee;
(10) days, any damages, costs or expenses which the City is cor-
polled to pay by reason of any act or default of the Company in
• connection with the license; or, fails, after three (3) da:'s'
notice of such failure by the City to comply with any provision
of the license which the City reasonably determines can bo re;ne-
died by demand on the letter of credit, the City may immediately
request payment of the amount thereof, with interest and any
penalties, from the letter of credit. Upon such request for pay-
ment, the City shall notify the Licensee of the amount and date
is
thereof.
D. The rights reserved to the City with respect to
the letter of credit are in addition to all other riahts of the
City, whether reserved by the license or authorized by la::, 8--;
no action, proceeding or exercise of a right with respect to such
letter of credit shall affect any other right the City ra% have.
E. The letter of credit shall c•cntain the followina
endorsement:
"It is hereby understood an9 agreed that this
letter of credit may not be cancelled by the
surety nor the intention not to renew be exer-
cised by the surety until sixty (6G) days
after receipt by the City, hr re_istere,i nail,
a written notice of such intention to cancel
or not to renew."
F. In lieu of the letter of credit provided for
above, the City Commission may approve an alternative means of
establishing a security fun, upon re uest of the Licensee.
Section 15. LIAPILITY - INDP'N'IFICA; ION - INSURANCE.
A. The Licensee s`.al l hoI : the City harmless am:.
shall pay any an4 all ama?es w`:i c!, the Cit, may be re:;uire.4 tc
pay as a result of crantirc any right and/or authority hereunder
or under any subse•uent resolution cr rrdinance, Includini but
not limited to, damaccs arisinn cut cf cc;:;•riaht is friraern--.t ar
damages arising out of the 1nstallatior. or operatics cf Llccnscc 's
Cable Television System, whether or not an;act or omissio•: cr,T-
plalned of is auth,.rizcd, allo,:e' or prchlhitc] Ly the L1_ensc
grant. The Licensee shall ay all reasonable expenses incurre--
by the City in defc-nding itself with reaard to claima for the
foregoing damages, including, but not limited to all out-of-pocket
expenses, attorney fees for outside counsel, the reasonable value
of any services rendered by the City Attorney or his assistants,
or by any employee of the City.
B. The Licensee shall hold harmless and indemnify the
City against any and all losses or liability arising from Licen-
see's actions under any Cable Television, license subsequently
16
a
Nil
granted. No Licensee shall have any recourse against the City
for any loss, liability, or damage arising from the license.
C. The Licensee at its expense shall maintain in
effect a Comprehensive General Liability Policy in the amounts
of not less than S1,OOO,OOO.00 Bodily Injury Coverage and
$1,000,000.00 Property Damage resulting from any one occurrence
The City of Miami shall be named as an additional insured.
D. The Licensee at its expense shall maintain in
effect Automobile Liability Insurance Policies covering all
owned, non owned, hired vehicles, in the amounts of not less
than $100,000/300,000 for bodily injury and $100,000 prope-ty
damage.
E. The Licensee shall maintain statutory workmen's
compensation insurance.
F. All insurance required above shall be issue(4 in
companies authorized to do business under the Laws of the State
of Florida and be countersigned by a Local Insurance Agent or
Broker domiciled in Dade County, Florida. The minimum qualifi-
cations as to management and financial strenoth of the insur-
ance companies are to be rated a minimum of Capital A: Class
X, or above, in accordance to Best Fey Rating Guide, Latest
Edition. Certificates of Insurance provising evidences of the
above coverazes shall be furnishes to the Cit;'s Risk -,anacernent
Division of thr- Finance Denartment with copies files with the
City Clerk's Office.
Section 16. CONTINUnUS RT_'',ULAT(?PY COt • PC)I.
ADVISORY BOARD.
A. The City shall have continuing regulatory juris-ic-
tion and supervision over the operation of any license grated
and may from time to time adopt such reasonable rules and rey,.:a-
tions or amend the license in anv manner that the City may deer
necessary in the exercise of the police power for the conduct
of the Cable Television System. Such amendments and regulations
shall not be arbitrary or capricious and shall not conflict with
the rights granted herein or with federal or state legislation
and regulations.
17
■
B. The City may amend the license upon the application
of any Licensee when necessary to enable a Licensee to take
advantage of any developments in the field of Cable Television
Systems which will afford it an opportunity to serve its custom-
ers more effectively, efficiently and economically.
C. Reevaluation sessions may be held by the City
Commission at any time during the term of the license. All such
reevaluation sessions shall be open to the public and announced
in a newspaper of general circulation at least seven days before
each session. The topics which may be discussed include: service
rate structures, free or discounted services, application of new
technology, system performance, services provided, programming
offered, customer complaints, amendments to this ordinance, under -
grounding progress, and 3udicial and FCC rulings.
D. The City Commission if it so desires shall have
the authority to establish and appoint a Cable Television Advis-
ory Board consisting of seven (7) members who shall serve for
two year terms. Such board's duration shall be at the pleasure
of the City Commission. The boar: would advise the City Commis-
sior, on Cable Television and may have the respon=_ihilities and
duties as deternine4 by the City Commission.
Section 17. RECULAT')RY AUTHORITY OF THE LICE'.:SEE. A
Licensee shall have the authority to issue s_ich rules, reoula-
tions, terms and conditions governinu the conduct of its business
that may be reasonably necessary to enable the Licensee tc exer-
cise its right to perform the obligations under the license and
to assure uninterru;,te._4 service tc its customers. The rules,
regulations, terms and conditions which may be adopted by a
Licensee, however, shall not be in conflict with the provisions
of a Cable Television licer=- or amendment thereto, or other laws
and ordinances of the City, the State of Florida or of the unite;
States. All regulations issued by a Licensee shall be filed
with the City Clerk and shall not become effective until after a
sixty (60) day period following filing, within which time the
Commission may disapprove in whole or in part any regulation,
rule, term or condition issued by a Licensee. Such disapproval
18
shall be done only after the holding of a public hearing by the
City Commission. The Licensee shall be aiven seven (7) days
prior written notice of such hearing.
Section 18. FREE BI;ILDINGS. All
public buildinas shall be connected to the Cable Television Sys-
tem at no charae. Requests for service shall be initiate; h%
authorized local government officials. For planning purposes,
one service drop per facility should be anticipate:: at the City
Hall, the Police anc Fire facilities, the City Adrinis_t-atic
Building, the Court House, at all city (.arks, the Little Havana
Community Center, the city day care cenIers, all public schools,
all county, state and federal public facilities_, an4 a.ny other
public buildings subsequently designate: by resc;lition of the
City Commission. If more than one dro:_ is re?aired (per
facility), the charge shnulc be base-- on companv's costs of
time and materials. No monthly charges shall be made for provid-
ine basic subscriber services to public buildings, as enumer-
ated above.
Section, 19. SCbSCPIAEP PATE SCUDi:LE.
A. Initial rates ar.d charges authorized for service
under any license subsequently nrantel shall be set forth in, the
ordinance granting the license.
F. Initial basic sk:'.,scriber rates shall be effective
for a minimu^ of twc (21 .,ears from the date of commencing c;_era-
tions or until Licensee has corplete,� all construction as in—
, -sated in its constructicn timetable, whichever is longer.
C. Thcre may be added to any authorized charges any
applicable gross receipts, sales, service or other similar taxes,
if any, but such added charges will not include the license fee
or use taxes.
D. A Licensee may refuse to furnish or discontinue
furnishing Cable Television service to a subscriber who fails tc
pay installation fees or monthly service charges when due, or
for other good cause, but only after written notice to that sub-
scriber.
E. A Licensee may require subscribers to pay for the
19
. 19Z.
installation and for each month of basic service in advance at
the beginning of each month.
F. Nothing in this provision shall be construed to
prohibit waiver or reduction of charges for initial installation
service reconnection or other service charges that are made on
a non-discriminatory basis for prcmotional purposes.
Section 20. CHANCES TC BATE SCHEDULE - PR�)CEDUP.E -
APPROVAL.
A. A Licenser may petition. the City Commission for
a change in rates by filing a revise) or amended rate schedule
which must include its justification for sai3 propnne3 new
schedule.
B. The City Commission may call for a public hearine
0
within sixty (60) days of receipt of the petition which hearine
"
W.
shall be held within situ (50) a'a}s of receipt o_` saic n^lice.aw
The Licensee, within ter. (10) days of notification by the City
Commission of the place and time establishe6 for a hearing on the
u
petition, shall notify its subs_ribers of the day by announce-
— ment on at 1�?ast trc channels (-f its sys te,-s, between the hours
of 10:00 A.1.1. and 9:00 F. .., which an:nou-,cerent shall be ma --;c-
at least twice each da- fir five (5) consecetive days, one rf
which times must be between 6:00 P.'.. an4- 9:00 P.'1. If the City
Commission dces not set .a :ate for the hearing on the petitic•-
within sixty (60) days after receipt cf the Licensee's petiticn,
or 'f the Citv Commission take=^,c affirmative achen by either
'•
denying or al -proving the prz-pose4 rate- chances within one hum: red
eighty (I'c0) days following receipt of Licensee's petition, the
proposed changes shall he deemed approved.
C. The criteria for the City Commission decision in
such natters shall be establishment of rates which ---e "fair and
1.)•7
reasonable" to both the Licensee and its subscribers and shall
generally defined as the minimum rates necessary to meet all ap-
plicable costs of service including fair return, on all invested
capital, all assuming efficient and economical management.It
D. A Licensee's petition for rate increase shall
include in the following financial reports which shall only
20
reflect the operations of the City cf t;iani Cable Television
System.
1. Balance Sheet.
k
2. Income Statement.
3. Cash Flow Statement.
4. Statement of sources and applications of funds.
S. Detailed supporting schedules of expenses,
ithconet assets and other items as may be required,
_-
6. Statement of current and projected subscrib-
ers and penetration.
7. The documents listed shall include sufficient
detail or footnotes as may be necessary to provide the City with
all information needed to make accurate determinations as to the
WE
financial condition of the Cable Television Sister. All finan-
cial statements shall be certified as accurate by an officer of
a
the Licensee.
E. The City shall have access to Licensee's records
of financial transactions for the purpose of verifying bircen
;w
rates or other indirect costs prorated to the Cit% of I:iani
operation.
Section 21. ^UALITY OF SERVICE. The Licensee shall ;ro-
duce a Cable Television System that shall '-)e as goof as the
state of the art allows with ccmparable quality
audio on typical standard production televisicn sets in cock
re;.air. The Carle Television S-stem shall comply, tc the extent
required, with the al.plicable technical standards specified by
the FCC and co;stained in Subpart 1' of Part 76 CFF cf the rules
and regulations of the FCC or any other successor rules and
regulations. The Licensee shall render efficient service, make
repairs promptly, and interrupt service only for good cause and
for the shortest time possible. Such interruptions, if possible,
shall be preceded by notice and shall occur during periods of
minimum use of the system.
Section 22. SUBSCRIBERS' RIGHT UPON FAILURE nF SERVICE.
` *
A. In the event that service to any subscriber is in-
terrupted for 48 or more consecutive hours, except for acts of
21
,
God, reasons beyond the control of the Licensee, and except in
circumstances for which prior approval of the interruption is
obtained from the Cit,, Licensee shall provide a twenty percent
(20%) rebate of the monthly fees to affected subscribers upon
— the subscribers' request.
B. In the evert that service to any subscriber is
interrupted for 72 or more consecutive hours, except for acts of
God, reasons beyond the control of the Licensee, and except in
circumstances for which prior approval of the interruption is
obtained from the City, Licensee shall provide a one hun:red per-
cent (100i) rebate of the monthly fees to affected subscribers
upon the subscriber's request.
C. In cases where service is interrupted due to acts
of God, subs:riber service charges shall be suspended fro:, the
time notification is given to the Licensee of the interruption
until service has been restored, without any additional penalty
to Licensee.
D. For purposes of computing the time of interrupted
service, said time shall begin when a complaint for interrupted
service is received by a Licensee.
Section 23. LnCAL SCESCEIEER SERVICE - CC'!PLAINTS,
A. Licensee shall maintain a local business office
within the City to provide n
vie safe, adequate a] pronpt service
to City subscribers whicy. office shall b,: open during usual
business hours. Licensee shall have a listed local telephone
number so that complaints and re.uests for repairs or adjust-
ments may be receive] at any time. All subscriber complaints
regarding quality of service, enuipment malfinctions and similar
matters shall be acted upon by the Licensee as soon as possible,
but in no event more than two business days from the date of
• receipt. Licensee shall give each subscriber written notice of
these complaint procedures on initial subscription to the Cable
Television System which notice shall include complaint tele-
phone numbers.
B. The Licensee shall keen a record of and investigate
all complaints from subscribers. Such records shall identify the
22
;:�
subscriber, his address, the nature, location and date of the
complaint, and a technician's report on the disposition of the
complaint. The City may, at any time, inspect the subscriber coY,-
plaint records of the Licensee. Upon request from the City,
see shall, within seven (7) days after receiving such request,
send a written report to the City with respect to an; co -;;lain,.
The report to the City shall provide a fill explanation of the
investigation, finding, and corrective steps taken by the
Licensee.
C. where s.ibscriuer cor:,plaints have not been re-
solved within two (2) business days, as provided in Section
23(A), the City Manager or his designee is emp7)were,3, anonn
other things, to a31-;ust, settle or cor,pro-rise any ccntro•;ersy
arising froii operations of the Licensee in accor3ance with the
best interest of the public, and with due regard to the res-
pective interests of the Subscriler an3 the Licensee. I❑ cases
where requests for service have been ignore3 or unfilled frr
whatever reason, the City ':anager shall have the Power to
compel the Licensee to provide service to all reasonable re-
quests as the City "anager may determine. Provided, that any
person aggrieve,] by a decision of the Cit. 'ta;,aner na; appeal
the matter to the City Commission for hearing anc :;etermir•ation.
The City Commission, may accept, re;ect, or modify the decision
of the City Manager, anc nay a )ust, settle or ce-promise anv
controversy arising from the operations of the Licensee un_4er
any license granted pursuant to this ordinance. No ad;ust-
meat, settlement, or compromise, whether instituted by the
City ttanager or by the City Commission shall be contrary to
the provisions of this ordinance or of the license, and
neither the City manager nor the City Commission, in the ad-
justment, settlement, or compromise of any controversy shall
have the right or authority to add to, modify, or delete any
provision of this ordinance or of the license.
Section 24. SUBSCRIBCR PRIVACY - USE OF DATA.
A. The Licensee shall not initiate or use any form,
procedure, or device for procuring information or data from sub-
scribers' premises by use of the Cable Television Systen without
23
r
.R
a
prior valid written authorization from each subscriber so affected.
a�
Valid authorization shall mean written approval from the subscrib-
er. Said authorization shall not have been obtained from the
subscriber as a condition of service. Further, it shall be unlaw-
ful for Licensee without suet, authorization, to activate or
-
utilize any "Upstream Transmission Path" in any manner from the
subscribers' premises, In any case the subscriber shall have
the right and opportunity to deactivate the return path from the
subscribers' premises. ':other.; herein contained shall prohibit
the company from utilizing the upstream path for billing pur-
roses and to verify the integrity and performance of the Cable
System.
B. .he City or the Licensee shall not, without prior
valid written authorization, from each subscriber so affected, Pro-
vide any data identifying subscriber's name or address to any_
person except as required by law.
C. No authcrization for nrocurement or dissemination
of subscriber identifiatle information or data shall be valid
unless it does the following:
- (1) SpecificE the type or types of information
or data covered; and
(2) Identifies the parties authorized to collect,
receive, store, record, transmit, or otherwise
=
— convey this information or data.
_
All authorizations shall specify the maximum period of time that
any subscriber identifiable information or data shall be preserve.'.
WK
FL
— in any manner or form.
D. A written copy of all subscriber identifiable in-
W
formation or data which is retained and/or disclosed and the dis-
pos,,-ion of this information or data, together with any explan-
ation necessary to make it understandable to the subscriber, shall
be provided to the affected subscriber within thirty (30) days of
procurement. Further disclosures shall be fully detailed in
writing to the affected subscriber within thirty (30) days of
such disclosure.
24
Section 25. DISCPNN ECTION. There shall be no charge for
= disconnection of any installation or cutlet. If any subscriber
fails to pay a properly due month]., subscriber fee or any ocher
properly due fee or charge, the Licensee may disconnect the sub-
scriber service outlet, provided however, that such disconnection
shall not be effected until forty-five (45) days after the due
date of said delinquent fee or charge and shall include ten (10)
days written notice of the intent to disconnect delivered to the
subscriber in question. If a subscriber Frays within forty-five
(45) days after payment is due and after notice of disconnection
has been aiven, the Licensee shall not disconnect. After discon-
nection, upon payment in full of the ;:elinquent fee or charge and
the payment of the reconnection charge, a Licensee shall promptly
reinstate a subscriber's cable service.
Section 26. N1_' 1',ISCPI'!1NA7I0N
A. A Licensee shall not deny service, deny access,
or otherwise discriminate ayain.=_t subscribers, channel users, or
general citizens of the City on the basis of race, color, religion,
ancestry, national origin, ace, sex, marital status or physical
or mental handica-.
E. A Licensee shall strictly adhere to the equal emplc.-
ment opportunity requirements of the FCC as expressed in Secticr.
76.13(h) an 76.311 of Charter I of Title 47 of the Code of Feeral
Regulaticr..=_ or as subsequently amcnde:.
C. A Licensee shall comply at all times with all other
applicable federal, state and city laws, and all executive an
administrative orders relating to non-discrimination.
D. A Licensee shall make a positive effort to hire
racial minorities, women and other protected groups if available
and qualified.
• Section 27. ANTI-TAt;PERING - PENALTY.
A. It shall be unlawful for and` person, firm or cor-
poration to do any of the following:
(1) Make any unauthorized connection, whether
physically, electrically, acoustically, inductively or otherwise,
with any part of a Cable Television System within the City for
25
the purpose of taking or receiving television signals, radio sin -
pals, pictures, programs, or sounds; or
(2) Make any unauthorizerl connection, whether
physi^al:y, electrically, accoustically, inductively or otherwise,
with any part of a Cable Television System within the City for
the purpose of enabling himself or others to receive any tele-
vision signal, radio signal, picture, program or sound, without
payment to the owner of said system; or
(3) Willfully tamper with, remove or injure an,
cable wires or equipment use! by a Licensee within the City for
distribution of television signals, radio signals, pictures, pro-
grams or sound, without the consent of the owner of said system.
B. Any person, firm, or corporation violating the pro-
visions of this se --lion shall upon conviction, bo`ine not nore
than five hunre: dollars (S50C.00), or be imprisoned at hard
labor on the streets or other works of the City for not more than
sixty (60) days, or shall be bnth fined and imprisoned.
Section 28. CO'�TIt:CITY OF SERVICE.
A. The Licensee shall-:rovirie continuous service to
all subscribers in return for payment of the established fee.
B. if the Licensee OCCrb111�5, rebuilds, modifies or
sells the system, or if the Cit:• revokes or fails to rene:, a
license, or if the City elects to purc:,ase the system, the Licen-
see shall continue to operatL the system until an orderly chance
of operation is effectuate::. in the event the Licensee fails tc
operate the system for five consecutive days without first ob-
wining prior at:provai of the City Commission, the Citv or its
agent may operate the system until such time that a new operator
is selected.
Section 29. SIGNALS - CHANNELS.
A. A Licensee's Cable Television System shall be
capable of carrying at least 42 television channels. Initial
programming will include all broadcast television stations,
satellite programming including special programming, additional
television from other parts of the country, national and local
news and weather. Further, the Licensee shall make available at
26
lust one Public Access Channel, two Fd.cational Access Channel,,
two Government Access Channels, and one Lease Access Channel.
B. Additional channels to be made available as required
by the ordinance granting a Cable Television License.
Section 3C. E'tERGE' CY O VEPRIDE A':D .A LARS: 7YSTE'4S.
A. The Cable Television System shall include an
"Emergency Alert" capability which will peroit the Mayor or
the Mayor's designated representative to remotely override
the audio of all channels involves in rctransnission of tele-
vision broadcast programming or to allow for video crawl over
all channels.
B. The City may install on the Cable Television systen
at its expense, without charge by the Licensee, any equipment nec-
essary for a fire, nclice or other alar-i system if the ecui,ment
conforms tc the standards imposed on Licensee and does nct inter-
fere with operation of the Cable Television System.
Section 31. F A'_7)r1' R KER. T`:e Cable Television S;'Stem
operator shall maintain F:.•,.];;-C•nt ca.:able of standby
powering for heads';.. trans_ .rtat io.'1 an : tr'unl: a-,.-Iifiers for a
minim.: Cf t.. !-.O_.... .*-ICr C;.:iT�S`,aII h_ COnStrJCte_4 SO as
to auto-,atical ly .'."'t if f thc- caF.ie of f icc when it is in operation
and tc a.itomatical. l: revert tr the stars is r-,oce when the AC
power return. All utility safe, rec',:lati^ns must be fcllowe--
to prevent a stanch;' 3"ner fit ;r `r 7'- po.:erinc thr. °deal.° utility
line with possiLle in ury t- an urwittirg lineman.
Sect ier, 32I':TThe Licensee nay be require::
to interconnect its system, with ad.aCer.t and contiguous cornuni-
cations facilities. Such interconnection shall be made within
the time limit establishe('. by the City. The interconnection shall,
at the City's discretion, he accomplished according to the nethcd
and technical standards determined by thr City.
Section 33. TECHN^LnGICAI. 1l FPkOVF':ENTS TO SYSTEM. At such
time as technoloiical advances sh311 becone available to the
industry and shall he considere? necessary and desirable by the
City, the negotiations shall be reopene3 by the City and the
Company to provide the citizens of tlia^ni with the benefit of
27
Said technological advances. All updating, expansion or rebuild-
ing of the system shall be accomplished so as to preclude inter-
_ ruption of service under this license and shall be subject to
the approval of the City Manager. The company shall not add or
delete any service without the prior approval of the Commission.
Section 34. ANNFXATIO?:. Upon the annexation of any new
territory by the City of tliami, the portion of the Cable Tele-
vision System that may be locate,` or operate within such terri-
tory, and the streets, alleys, or public grounds thereof, shall
thereafter be subject to the terms of this Ordinance as though
it were an extension made thereunder. Should thk annexe.] area
not be served by a Cable Television System, the Licensee shall
furnish service to that area within one ,gear after a request has _
been made for service to that area by the City.
Section 35. A^:':CAL PF.POF:S AND AUDITS.
A. Not later than sixty (60) days after close of the
fiscal year of the Licensee, the Licensee shall submit an annual
written report to the City Clerk which shall include the followine:
(1) A s-immary of the previous year's activities an_ -
development of the syste^•:, includirri but nct limited to, services
begun or dropped an-4 subscriber gain or loss.
(2) Copies of the financial statements audited by
a Certified Public Accounting firr, including the Licensee's
Balance Sheet, Income Statement and working parsers relating to
subscriber accounts within the City.
(3) A current statement of costs of construction.
(4) A list of officers an' members of the boar,3
o•f directors of the Licensee and the parent corporation, if any.
(5) A complete reporting of any ownership of one
pence,.: 11%) or more of shares of stock.
B. The City shall have the right to inspect all books ,
and records of the Licensee at no cost to the City upon reasonable
_ notice during normal business hours. The City may require the
Licensee to make all such records available for audit at one office
of the Licensee in Dade County, Florida, and Licensee shall pro-
vide space and office facilities, excluding personnel, reasonably
28
s
' necessary for such audit. Alternatively, Licensee may choose, at
its sole option, to pay travel expenses, meals and lodging, and
other reasonable exrenses of the auditor chosen by the City, t,:
"`
make such inspection and audit at the various offices within the
United States or Canada, wherever such records are located.
Section 36. FILINSS WITH ANY FEDEPA.L ^P STATE A^E':CIES.
Copies of all Petitions, filings, reports ami correspondence file:
with any Federal or State Agencies shall be filed concurrently
with the City Clergy:.
Section 2IDENTIFICATIr?H CARDS. All Cable television
employees shall he re:�uirel to carry an identification, card and
present sane to any subscriber upon request when providing ser-
vice to subscribers.
Section 38. PF:':_,L=:S. For the violation (-f any of t'ie
following provisions of this ordinance and the ordinance grant-
ing the license, penalties shall be chargeable to the letter of
credit as follows:
A. For failure to complete system construction in
accordance with Section 11 of this ordinance or the ordinance
granting the license, unless the Commission specifically approves
the delay b.• m,)tion or resolution due to the occurrence of con-
ditions beyond Licensee's control, Licensee shall pay T•c Pundred
Dollars ($200.00) per day for each day, or part thereof, if the
deficiency continues.
B. Fcr failure tc provide data, documents, reports,
information, or to cooperate with the City during an application
process or any review of the performance of the Licensee, the
Licensee shall pay Fifty Dollars ($50.00) per day for each day
the violation occurs or continues.
C. F.-`v-five (45) days following adoption of a reso-
lution of the Commission determining a failure of the Licensee
to comply with operational or maintenance standards, Licensee shall
pay to the City Two Hundred Dollars ($200.00) per day for each day,
or part thereof, that such non-compliance continues.
■
D. For failure to provide access channels and the
necessary equipment and staff to activate them as provided in the
29
ordinance granting the license, the Licensee shall pay Two Hundred
Dollars ($200.00) per day for each day, or part thereof, that su^h
non-compliance continues.
E. For failure to provide in a continuing manner the
types of services proposed in the accepted application, the Com-
pany shall pay Two Hundred Dollars ($200.00) per day for each day,
or part thereof, that each non-compliance continues.
Section 39. TEPN!INATION - CITY'S RIGHT TO ACQUIRE OR TO
TRANSFER OtPi'ERSHIP.
A. A license may be terminated prior to its expira-
tion if the City Commission finds after public hearing held on
thirty (30) days notice of such proposed termination, that any
of the following has occurred:
(1) A Licensee has faile.I to comply wit`., or by
act or omission, has violated any provision of the License
Ordinance except where such failure or violation is a result Df
circumstances beyond Licensee's control or through excusable neg-
lect, and if curable, haci been cure prior to the public hearing.
For the purpose of this subsection, financial reasons alone
shall not be ccn.sidere a circumstance beyond Licensee's control.
(2) Any provision of the license has becone in-
valid or unenforceable and the City Commission finds that such
provision constitutes a consideration material to the Grant of
authority.
(3) The City ace.uires the Cahlc Televisicn Syster^
of a Licensee upon payment to the Licensee of the fair market
value of the Cable Television System as a going concern, toe fair
market value to be determined by the City Commission.
(4) Licensee has been a3judicated a bankrupt or
an insolvent by a court of cnmoetent jurisdiction or has made an
assignment for the benefit of creditors. •
B. Upon termination or expiration, the Licensee, upon
notification from the City Manager, shall remove its entire Cable
Television System which is visible from the City streets within a
reasonable time (not to exceed one year) after expiration or
termination and shall restore the premises to substantially the
30
Same condition as before such removal unless the Citv elects to
acquire the property of the Licensee or unless the City elects
to require the transfer of the property of the Licensee in ac-
cordance with subsection C of this section. If the Licensee
fails to do so, the City shall have the right to remove the
property of the Licensee and restore the premises at the Licon-
see's expense.
C. Upon termination or expiration of any license
granted, the City may require the transfer of the Licensee's
Cable Television System to the City or its designee upon payment
to the Licensee of the fair market value of the Cable Television
System as a going concern. The City must serve- an official not-
ice of its exercise of this option before the grant of authDrity
hereunder expires or is terminate:. '^he Licensee shall transfer
to the City rr the City's designee, possession and title t^ all
property of the Licensee within the Cit;• and the City or its
designee shall pay the purchase price within thirty (30) days`
after expiration or termination through appraisal by the City
Commission as set out ir. this Ordinance.
Section 40. PR?CEDLPE - C�''FIDEP LICENSE ?FXEb:ALS.
A. Not less than thirty-six (36) months before
the expiration of any Cable ':elcvisinn License, the City
L
Commission ma., itself or through the City 'tanager, review
F.4
the performance of a Licensee and the content of the Cable
Television ordinance.
_
B. After giving public notice, the City Commission
=Fj
or City Manager shall proceed to determine whether the Licensee
�e
h.as satisfactorily performed its obligations under the license.
To determine satisfactory performance, the City Commission or
City Manager shall look at the technical ,:_•elopments and per-
formance of the system, programming, other services offered,
cost of service, and any other particular requirement set forth
n
in the Ordinance such as the availability of programming equip-
ment and personnel to aid access channel users. ':he City Con -
mission or City Manager shall also consiJer the Licensee's annual
reports made to the City or the FCC. Provision shall be made
for community comment on all areas of performance by the Licensee.
31
C. A four month oeriod shall be provided to determine
the Licensee's eligibility for renewal.
D. The City Yanaaer shall rrepare any proposed amend-
hents to the License Ordinance.
E. The City "tanager shall submit recommendations to
the City Commission in reoarl to:
(1) Renewal of the license.
(2) Changes to the license, and
(3) Amendments to the License Ordinance.
F. If the City Cemnission finds the Licensee's per-
foMance satisfactory, a new license may be grante-i.
G. In the event a Licensee is determine-4 by the Cit_
Commission to have performer: unsatisfactorily, new applicants
may be sought and these applicants evaluate4 by the City 'tanager
and a license award made by the City Commission according to
Cable Television Licensing procedures adopted by the City Cor.-
mission.
Section 41. BOARD OF AP£+ITRATION - HEARI`:G - EXPENSES.
A. Any controversy, claim, or dispute as to the
determination. of Fair "arket Value of the Cable Television
System as a concern, as called for un-Jer Section 39 C
shall be referrea to a Board of Arbitration which shall con-
sist of one member appointer by the Licensee, one member
appointed by the City Commission, an the third menb_r to be
a disinterested party appointed by agreement of the other two
members.
B. Demand for arbitration may be made by the
Licensee or the City by written notice sent certified mail,
return receipt requested. Notice of demand to the City shall
be served on the City Manager. Notice of demand t. `he City
shall be served upon the Licensee corporation by mailing to
the address furnished the City by the Licensee. The demand shall
state the controversy, claim or dispute of facts.
C. Upon the failure of either party to appoint ar,
arbitrator within 15 days of receipt of notice of demand for
arbitration, or upon the failure of the two selected arbitrat-
ors to select a third arbitrator within. 15 days after their
32
appointment, either party may apply to the American Arbitration.
Association for the appointment of an arbitrator or arbitrators.
D. The Board of Arbitration shall hold a hearing on
the controversy, claim or dispute of facts stated in the denand
for arbitration, which hearing shall be held within 30 days after
appointment of the last arbitrator, and after 15 days n-)tice
thereof given to both parties by the arbitrators by certifies
mail, return receipt requested. The hearing, if not concluded,
may be adjourned from time to time. The Board of Arbitration
shall consider e•✓idence offered by the parties relevant to the
controversy, claim or r3ispute3 facts, and ma" swear %,;itnesses.
Testimony shall be taken an: transcribe' by a court reporter.
The record of the hearings, the decision, of the Boar.^ of
Arbitration, an,? the dissent of any one of them shall be filed
with the City Clerk. The decision of the Boar:: of Arbitration
may be rendere3 by any two of then and any one of the arbitra-
tors nav render a dissent. The decision and dissent must be
limited to the controversy or claim and based on findincs of
fact. The decision. of anv two of the arbitrators shall be the
decision of the Bc r an shall be final and conclusive on
both parties except as may be provi3e3 in the rules of the
American Arbitration Association.
F. Fzoenses of arbitration, including without
limitation, costs of notices an3 services thereof, fees of
arbitrators and witnesses, but net of legal counsel, and the
cost of taking and transcribing testimony shall be charge-5
against the party at fault or proportionately between the
parties as the Board of Arbitration may deem equitable and
just.
Section 42. LITIGATION.
A. No Licensee shall institute suit against the
City seeking either declaratory or injunctive relief with res-
pect to the validity of the grant of a license under this ()rdi-
nance, nor shall any Licensee, if joined in any litigation, seek. ,
such relief against the City.
33
B. Should any Licensee violate subsection A of this
Section, the City, at its option, may require the Licensee to
kemove its equipment from all City streets, rights of way, etc.
within thirty (30) days of receipt of notification to remove
same.
Section 43. ALTERNATE FEF.. Should any Court of competent
jurisdiction declare that the City has no right to grant Cable
Television licenses or shoulr? the City be enjoined fro^ collect-
ing license fees, Licensee agrees to pay the City a sun e.?ual to
five (5) percent of all gross revenues collected by the Licensee
as and for an alternate fee, which alternate fee shall not be
considered a license fec.
Section 44. _SEVERADTLITY. If any section, sentence, clause
or phrase of this Crdinance is held unconstituti-nal, void, or
invalid, such unconstitutionality or voidance shall not affect
the validity of the re^nainder of the (?rdinance. Provided, however,
that in the event that the Federal Communications Commission cr
any court of competent jlris9icticn declares any section invalid,
such section or s�_ctions will be renegotiate3 by the City and
the Licensee.
Section 45. =)IFICA':ION. It is the intention of the Cit••
Commission and it is hereby ordained that the provisions of this
Ordinance shall become and be maae a part of the Code of ^rdinan-
ces of the Cit% of !'iani, F1,rida. The sections of this ordinance
may be renumbers-3 or relettered to accomplish such intention, a-:
the word "Ordinance" may be changed to "Article" or "Section", or
to any other appropriate word as the codifier deems proper.
PASSED ON FIRST READING BY TITLE ONLY this 30th day of
October, 1980.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 1980.
ATTEST: 11 A Y 0 R
CITY CLERK
34
PREPARED AND APPROVED BY:
OHtd �- P?, JU .
Assistant CE'ity Attorney
APPROVED AS TO FORM AND CORRECTNESS:
_ GEORGE F. KNOX., JR.
City Attorney
35
Page 1 -
Page 1
Page 5 -
Page 5 -
Page 6 -
Page 6 -
Page 7 -
"SC}IEDULE A"
TOPICAL INDEX FOR CATV OPDI14ANCE
Section 1. Short Title
Section 2. Definitions
A. Cable Television System
B. Basic Subscriber Service
C. Auxiliary Services
D. Cablecasting
(1) origination Cablecasting
(2) Access Cablecasting
(a) Public Access Channel
(b) Education Access Channel
(c) Local Government Access Channel
(d) Special Access Channel
(e) Leased Access Channel
E. Channel
F. City
G. City Commission
H. City Manager
I. Converter
J. Federal Communications Commission or FCC
K. License
L. Licensee
11. License Area
N. License Authority
0. License Entity
P. Licensor
Q. Gress Revenues
R. Public Street
S. Subscriber
T. Unstream Transmission Path
U. Local Education Authorities
Section 3. Non-Excl•asive License
Section 4. ':ern
A. 15 years
B. 15 year renewal periods
Section S. License Fee
A. Five Percent (5�) of Gross Revenues
B. '!inimun Cuarterly Payment
Section 5. Rinhts Subject to Police Power
Section 7. Application Procedures
A. Ordinance Grants no operating authority
B. t:ritten Application And Fee
(1) Applicant General Information
(2) List of other related Cable Tele-
vision Systems to applicant
(3) Description of proposed system
(4) Schedule of proposed rates and char3es
(5) Disclosure of any agreement between
applicant and any other person with
respect to Ownership, Sale or huy-back
(6) Estimate cost of construction
(7) Applicant's familiarity with ordinance's
provisions and FCC rules
(8) Any supplementary information re;uest-
ed by License Authority
C. Public Hearing and Selection, of Successful
Applicant
D. Full Disclosure of All Agreements by
Successful Applicant
E. Award of Specific License
Page 9 -
Section
8. Limitations
A.
Licensee subject to Licensor's Police
Power
B.
Facilities placed within public ways
C.
Transfer of License
D.
Control of Company by any other Party
E.
Mortgage or Pledge of License
F.
Transfer of License and City rights
G.
Transfer of License and Comoletion of
Construction
H.
City Commission to review transfer of any
Cable Television System
Page 11 -
Section
9. Cable Television System Installation
A.
Cable Television System interference with
Public gays, Restoration and tSaintenanc
B.
Engineering and Safety Consideration
C.
Within property of License
D.
Building code an,'. electrical safety ordi-
nances
E.
Maintenance and repair of systen
F.
Cable Television System alteration by
City re.uirement
G.
Termination of services
H.
Removal -raising -lowering of wires
Page 13 -
Section
10. Technical Standards
A.
National Electric Safety Code and methods
of construction
B.
EIA standards and power construction
C.
Federal aviation agency regulations and
power physical dimensions
D.
Construction marking and lighting of
antenna structure
E.
Standards of the Occupaticnal Safety an'
Health Administration and conditions dur-
ing construction
F.
Licensee compliance with FCC regulations
G.
Licensee compliance with ordinance
H.
Stray ra3iation
Page 14 -
Section
11. Construction Timetable
Page 14 -
Section
12. Right to Inspect
Page 14 -
Section
13. Construction Bond
A.
$1,000,000.00 Surety Bond
B.
Other type of security
Page 15 -
Section
14. Letter of Credit
A.
Amount of Letter
B.
Maintaining Letter
C.
withdra�.ing Money from Letter
D.
Reservation of Rights
E.
Endorsement of Letter
F.
Alternative Form of Security
Page 16 -
Section
15. Liability,-Indennification-Insurance
A.
Licensee responsible for damages and legal
expenses
B.
Licensee to indemnify City
C.
Liability insurance policy
D.
Automobile Insurance
E.
Workmen's compensation insurance
F.
Copies of insurance policies filed with
City Clerk
2
Odle 17 - Section 16. Continuous Regulatory Control -
Amendment -Advisory Board
A. City Jurisdiction
S. City and License Amendments
C. Reevaluation sessions by City Commission
D. Cable Television Advisory Board appointed
by City !tanager, duties
Page 18 _ Section 17. Regulatory Authority of Licensee
Page 19 - Section 18. Free Connections for Public Buildings
Page 19 - Section 19. Subscriber Rate Schedule
A. Initial rates
B. Period Initial Rate Effective
C. Charges not included in License Fee
D. License refusal to service subscriber
E. Advance payment for services
F. Waiver of charges
Page 20 - Section 20. Changes to Rate Schedule-Prccedure-
Approval
A. Filing petition for change of rates with
Citv Commission
B. Public hearina for change rates
C. Fair and reascnarle criteria for commis-
sion decision
D. Financial reports required for rate
increase:
(1) Balance Sheet
(2) Income statement
(3) Cash flow statement
(4) Statement of sources and anplication
of funds
(5) Detaile. schecule of expenses
(6) Statement of subscribers
(7) Documents including sufficient
information
E. City access to Licensee's records of
financial transactions
Page 21 - Section 21. Quality of Service
Page 21 - Section 22. Subscriber's Right Upon Failure
of Service
A. 20E rebate for 48 hours interruption
B. 100E rebate for 72 hours interruption
C. Service interruption, due to Acts of God
D. Computing time
Page 22 - Section 23. Local Subscriber Service -Complaints
A. Licensee Local business office
B. Records and investigation of complaints
C. Resolutic- by City Manager of Complaints
Page 23 - Section 24. Subscriber Privacy -Use of Data
A. Subscriber written authorization
B. Subscriber written authorization for the
release of data
C. Dissemination of subscriber data, re-
quirements:
(1) Type specification
(2) Parties identification
D. Copy of released 'information provided to
affected subscriber
3
Page.
25
- Section
25. Disconnection No Charge, 10 Days
Written Notice to Subscriber
Page
25 -
Section
26. Non -Discrimination
A.
Against subscribers
_
B.
Equal employment opportunity
C.
Compliance with non-discrimination laws
D.
Hiring of minorities
Page
25 -
Section
27. Anti Tampering -Penalty
A.
Unlawful to:
(1) Unauthorized connection
(2) Unauthorized connection without
payment
(3) Tamper with wires
B.
General penalties
Page
26 =
Section
28. Continuity of Service
A.
Licensee to provide continuous service
B.
Change of operation
Page
26 -
Section:
29. Signals -Channels
A.
42 channels Cahlr, Television System
educational an! ether ncn-commercial
=_=
channel
B.
Additional A_-cess
Page
27 -
Section
30. Emergency Override and Alarm Systeras
�Q
A.
Emergency Alert capability
B.
City installations on Cable Television
System
:-
"n
Page
27 -
Section
31. Standby Power
Page
27 -
Section.
32 Interconnection
- Page
27 -
Section
33. Technical Improvements to System
r`
Page
26 -
Section.
34. Annexation.
Page
28 -
Section
35. Ann -.;al Reports and Audits
A.
To City Clerk and Including
(1) Prc;.ous :ear's activities
(2) Copies of financial statements
(3) Statement of construction. cost
(4) List of cfficers and members of the
board
(5) Ownership- of one percent (14) or more
B.
Inspection of Books anc? Records, etc.
g
Page
29 -
Section
36. Filings with Federal Communication
Commission,
. Page
29 -
Section
37. Identification Cards
Page
29 -
Section
38. Penalties
A.
Failure to complete system
B.
Failure to cooperate with the city
C.
Non -Compliance with standards
D.
Failure to provide channels
E.
Failure to provide services
Page
30 -
Section
39. Termination-City's Right to Acquire
or Transfer Ownership
F
4
5
A.
Public hearing for termination reasons
(1) Licensee failure to comply
(2) License provision becoming invaliA
(3) City acquires Cable Television System
(4) Bankruptc,• or insolvency of Licensee
B.
Removal of Cable Television System
C.
Transfer to Cit%- by payment to Licensee
Page 31 -
Section
40. Procedure to consider License Re-
newals
A.
Review of Licensee performance
B.
City Commissicn determination of Licensee's
performance
C.
Four month period to determine renewal
D.
City Manager and License Ordinance
Amendments
E.
City Nanaaer's recommendations in rea_ar;
to License
(1) Renewal
(2) Changes
(3) Amendments
F.
Satisfactory performance and no,., License
G.
Unsatisfactory performance
Page 32 -
Section
41. Board of Arbitration
A.
To determine fair market value of system
B.
Notice for Derand
C.
Appointment of Arbitrators
G.
Hearing
E.
Expenses of Arbitration
Page 33 -
Section
42. Litigation
A.
Relief suit against the City not per-
mitted to Licensee
B.
Violation of subsection "A" and removal
of Licensee's equipment
Page 34 -
Section
43. Alternate Fee
Page 34 -
Section.
44. Severability
Page 34 -
Section
45. Codification
0 k
5
APPENDIX III
CITY OF MIAMI COMPREHENSIVE
LAND USE PLAN