HomeMy WebLinkAboutItem #22 - Discussion ItemCITY OF MIAMI. 17-LORID4
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INTER•CFFICE MEMORANDUM
Mayor and Members November 3, 1980
of the City Commission -
= -�---Workshop Session =-
%%%% r Wednesday, November 5, 1980
_ Ange R. Be 1 amy
Assistant to LiLy F,anagoe
Please be advised that a Workshop Session is scheduled to be held on _
_ Wednesday, November 5, 1980 in the Committee of the Whole Room at
2:00 P.M. The following two items will be presented at that time:
1. Presentation by David Korte, Consultant for CATV
2. Discussion of the*Affirmative Action Semi -Annual Report -
The above itells are listed on your agenda for the November 6, 1980
City Commission Meeting as Items E and B, respectively. ►Please note
that backup material for Item L (CATV) was distributed as Item H in
your October 30, 1950 agenda packet.
U
Mayor and Members
of the City Commission
Richard L. Fosmoen ?
City Manager
October 28, 1980
Request for Cable Television
Proposals
The attached Request For Proposals (RFP) is modeled after the "Application
for Proposals" issued by the City of St. Paul, Minnesota, and was developed
based upon a design that has been used successfully in many other urban
cities. The proposal forms isolate the areas of interest in a tray that
makes the information submitted comparable from one proposal to another.
It is not necessary to go into too much detail as each of the proposers
will offer much more than what we may consider to be a minimum for Miami.
Attached is a list of services that are now capable of being provided by
cable companies. Although the list is not comprehensive, it serves as a
shopping list of what is possible in the Cable Industry. At this point,
cable companies can only tell us that their systems are capable of providing
these features. Only the best companies can and will deliver a fully active
two-way cable system providing a full array of channels and services.
The $10,000 non refundable bidding fee and the 5100,000 fee of the success-
ful proposer appears to be in line with requirements being made by other
urban cities across the nation.
The RFP is a "Draft" and will be finalized upon review of the Staff Advisory
Committee on Cable TV (Department Director, etc.). Our consultant will
also review it before it is published.
We have accelerated this process far beyond that of other major urban cities.
We have had ro public input atthis point. Eventually, this will be neces-
sary since "Public Access" will be an important feature in Community Cable
Communication; in Miami. Several of the prospective companies are planning
to hold local seminars for those interested in learning more about cable.
The RFP does rent have all of the demographic information pertaining to
Miami. It is being compiled and will be included in the RFP shortly.
Iop,
, or,
CABLE
TELEVISION CU1lPANIES 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:
Cablesystems of Miami
,
Canadian Cablesystem Ltd.)
,
Syracuse etc.
Address:
1460 Brickell Ave.
Suite 300
Miami, Fla. 33133
4.
Name:
Central Telephone Company
Address:
P.O. Box 2303
Hickory, 'forth Carolina 28601
5.
Name:
Dade Cable Inc.
_Television
So. Central Dade County
Address:
12232 S.W. 114 Place
Miami, Fla. 33176
6.
Name:
D�ynamic_Cablevisio_n
Colony Communications Inc.)
north Central Dade - Hialeah etc.
Adress:
75 Fountain Street
Local: 4587 Palm Ave.
Providence, R.I. 02902
Hialeah, Fla. 33012
7.
Name:
Storer Cablc TV
IN. Dade - Froward etc.
Address:
Local - 3000 ';orth 29th Court
One Storer Ave.
P.O. Box A4137
Thousand Oak, Calif. 91360
Holly;;ood, Fla. 33020
8.
Name:.
Tele-Co un.riiications, Inc.
Los Angeles, Denver
Address:
Box 225?5
Wellshire Station
Denver 80222
9, Name: Ultra Com of Dade County
East & Central Dade County
Address: Box 552
Landsdale, Pa. 19446
10. Name: United Cable Televisi_o_n Corgi
Denver, Colorado
Address: 40 East DTC
7995 E.. Prentice Ave.
Englewood, Colo R0111
11. Name: Viaco-m Communications
Address: 1211 Ave of the Americas
Net• York 10036
12. Name: Vision Cable
Clearwater - Jersey City
Address: 110 East 59 Street
Fle.j York, New York 10022
13. Name: Warner Amex Cable Comm. Inc.
C01UMhus Qube etc
Address: 75 Rockefeller Plaza
New York 10019
REQUEST FOR PROPOSALS
PROVIDING CABLE COMMUNICATIONS SERVICES
TO THE CITY OF MIIAMI ,FLORIDA
INSTRUCTIONS TO PROPOSERS
NOVEMBER9 1980
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TABLE OF CONTENTS
Page
GENERAL INSTRUCTIONS
1
Filing of Application
1
Amendment to Application
2
Form of Application
2-3
Uniform Data Requirement
3
Demonstrated Experience in Operating a Cable Communications System
3
Legal Qualifications
3
Character Qualifications
4
Financial Plan
4-5
Pro Forma
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
Bidding Requirements
8-9
Exceeding the City's Minimum Requirements
9
Additional System Design Guidelines
10
Institutional Service
10-11
Interactive Services
11
EVALUATION CRITERIA AND PRIORITIES
12-13
UNIFORM DATA TABLE
14
MAP
15
MIAMI LAf!D USE PLAN AND GROWTH PROJECTIONS
16
CABLE COITIUNICATIONS FRANCHISE APPLICANT EXPENSE DISCLOSURE
17
CABLE C01,1�iUNICATIONS FRANCHISE APPLICANT PERSONNEL
18
APPENDIX I: OFFICIAL APPLICATION FOR"S
A-N
APPENDIX II: CITY OF MIAMI CABLE TELEVISION REGULATION ORDINANCE
1-30
APPENDIX III: CITY OF MIAMI LAND USE PLAN
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., 1°U1,
at which time all proposals will be opened. The city reserves the right to
extend the deadline to all applicants, if necessary. The filing fee will be used
to offset expenses incurred by the city in the granting of the franchise. The
successful applicant will be required to pay the city for expenses incurred in
the franchising process up to $100,000, in addition to the filing fee.
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Amendment to Application
Substantive amendments to proposals will not be considered except to acknowl-
involuntary changes, such as a change in ownership due to death. Correction of
inadvertent errors submitted prior to the filing deadline will be considered,
Correctio; 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
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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. To facilitate comparison, all applicants must
calculate estimated aerial cable plant miles as 90 percent of street miles.
Failure to do so will be considered grounds for disqualifying an applicant from
consideration for the franchise.
Demonstrated Experience in Operating a Cable Communications System
Information will be solicited concerning the applicant's cable television
franchises in other- cities. This information will be used by the city to inquire
into the applicant's experience in other communities in which a franchise 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 affirmative action,
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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 franchising authority or its representative (consultant) or
has been the subject of litigation by a franchising 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 franchise. 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 projections 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
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
franchise is awarded. Further, an average annual_ inflation rate of 9 percent
shall be used by all anpl_icants_in preparing financial projections.
Implementation
Applicant should present evidence of financial resources that assures the
company's ability to complete the entire initial service area within the construc-
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 special 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 franchisee to provide
any potential subscribers with information about maximum installation and services
rates, and permissible discounts.
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The rates initially proposed by the applicant must be substantiated in the
pro forma statements by use of realistic levels of penetration. The city council
reserves the right to regulate rates for basic services and such other services
as may become subject to local regulation. Applicants may indicate projected
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
construction is completed.
Clarification of Application Documents
In the event that any applicant may have any doubt as to any terms con-
ditions 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
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modification of its proposal on the basis of misunderstanding.
Application Selection Procedures
The City of Miami will evaluate all proposals that have complied with its
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 council.
Notice of time and place will be given to applicants and public when the city
council is ready to conduct a public hearing for this purpose. Following the
hearing, the city council will complete its evaluation and take final action re-
aarding the granting of the franchise and adoption of the ordinance.
Disclosure Forms
All applicants will be required to disclose expenses incurred in seeking the
franchise 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 franchise 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 franchising 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
franchise 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 franchise 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 council.
SERVICES AND SYSTEM DESIGN
Bidding 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 bidder will be required to
obtain a County Cable Television License prior to starting construction.
The City of Miami fully expects to enter into a firm contract with the suc-
cessful propose►- for the timely delivery of all elements in the bidders proposals.
All items being offered by proposers are considered to be freely and voluntarily
offered and will be included in the franchise and become subject to the enforce-
ment provisions stated therein. The successful applicant must agree to support
any waiver required by the Federal Communications Commission (FCC) for any volun-
tary offer of services or technical standards that may exceed FCC requirements.
All applicants will be required to propose:
(1) construction of a distribution system (trunk and feeder cables)
throughout all areas of the city within three (3) years of the
franchise ordinance adoption;
Page 8
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m,
(2) delivery of at least 42 channels to subscribers;
(3) activation of two-way capability throughout the system;
(4) system design and construction so that a network(s) serving
residential and institutional users will accommodate interactive
data communications, and that the total network transmission
time will be less than one -tenth of a second;
(5) provision of at least four dedicated access channels (one each for
public, governmental, educational and leased use). Further, all
residential subscribers who receive all or any part of the total
services offered on the system shall also receive all access channels
on all tiers of service at no additional charge for service or
installation;
(6) system design that •rill accommodate simultaneous video transmissions
on at least one channel of the subscriber network for narrocasting
to separate audiences located in different geographic areas of
the city;
(7) 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;
(8) system design and maintenance practices meeting FCC technical
standards; and
(9) 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 programming.
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.
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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 liiami 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)
progranuning;
(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.
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 low-cost installation and service to City Hall and city -
owned buildings and nonprofit educational institutions;
Page 10
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() providing institutional locations such as City Hall, City Hall
Annex, librairies, the State Capitol Complex, 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 a separate institutional network. If
applicants propose such a network, the city encourages the network
to serve major educational and cultural art institutions as well
as 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 contained
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 the
service is initiated. The city encourages applicants to propose a two-way inter-
active channel on the basic subscriber system (Cable "A") 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 system for Miami.
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EVALUATION CRITERIA AND PRIORITIES
The city will award the franchise 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:
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) Propose the most coriprehensive 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 management 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
(4) Demonstrate the system's compatibility with computer programmed
learning and information equipment.
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(5) 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.
(6) 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 done
and/or the development of a number of community viewing centers in
public libraries and community centers.
Page 13
TABLE I: DATA TO BE USED BY APPLICANTS C� ��`�j xq"ca0 "z
IN PREPARING PROPOSALS
Census population Street Number of 1&2 Bedroom 3+ Bedroom Acres Alley
Tracts Miles Dwellings Dwellings Dwellings Miles
Page 14
1004
sG
I. rr
It501 C 1901
IS 02 70 0
rt r - �r r _ _ �• �•
5119G2 t,r• 20Gi 21
le.a
N is l t/ r
I802 ■• to r 12202 Ili 0
�-
12'' -
t �I /
17 OI 1702 � 18 03 '-''lF _-I}
17 a, 2e ! 25 2f !270
n'e2
49
49-
----
134
1/1 57 --- I--'`r-- - -- r
.� 550 540' S: 3601 370
5902 --- -- .,560 --- -�i� r 5' 02 54 G< 53 -�3E0 -
lot I*
�,Isy 45�
IE'G2 E30 IE< Ei
6' 02
7001 69
7002
i 6E
LN/{[
:72
C � -
1
ncrrtr• -, envt ,� � - �
_J
R
0• 2100• - 5400 �i00�
SCALE
I S70 CENSUS TRACTS
CITE/ OF MIAMI PLANNING OEPARTMENT MAY .1971
Page 15
„+ _ - �-�+1 *' � a �• � .h a� `l�-x.'+�7'J+.� �-}},,,, y •C¢ .} t�z�[� `y����
' t. sty FF
MIAMI LAND USE PLAN AND GROWTH PROJECTIONS
According to the Miami Land Use Plan approximately new housing units
are expected to be added within the city limits by 1990.
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CABLE COMMUNICATIONS FRANCHISE APPLICANT EXPENSE DISCLOSURE
Due Date*
Firm Name
Affiant's Signature
Official Position
Date
INSTRUCTIONS
List total expenses incurred in seeking the Miami franchise by your local
company, and its parent corporation, partner or joint venturer in 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 franchising process including, but not
limited to, cash, property, stock or stock options.
Signature Attest
Date
NOTE: FAILURE TO SUBMIT THIS FORM BY THE DATES SPECIFIED WILL DISQUALIFY
YOU FROM CONSIDERATION FOR THE FRANCHISE.
*The city will give you 10 days' notice sometime after a public hearing in
which to file this form.
**If the total exceeds $5,000 in this category, list individual categories
of expenses.
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CKALE COMMUNICATIONS FRANCHISE 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-
zations behalf.
NOTE: FAILURE TO SUBMIT THIS FORM BY THE DATES SPECIFIED WILL DIS-
QUALIFY YOU FROM CONSIDERATION FOR THE FRANCHISE.
*This form must be completed and submitted with your official applica-
tion fors.S, ac.& �a t:.e first date of each month thereafter until the final
vote and reading of the franchise ordinance.
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FLORIDA
OFFICIAL APPLICATION FORMS
FOR PROVIDING CABLE COMMUNICATIONS SERVICES
DUE AT: Ralph Ongie, City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
CLOSING TIME AND DATE:
November, 1980
LIST OF CONTENTS
N64 of Pates
OVERVIEW
AND SUM.%ARY OF PROPOSAL.
2
IDENTIFICATION OF APPLICANT
1
APPLICANT'S AFFIDAVIT
1
FOR.: A:
Ownership and Control Information
4
C�:.ers; ip Qualifications
_-- C.
Character Qualifications
c
FOR..`: D:
Exrerience--Current Cable Foldings
1
FOR.`: E:
Experience —Former Franchises or Ownership Interests
1
FCR.X F:
Financial Resources, Existing Capital Co=itments, and
Potential Building Co=itments
6
FOR.`: G:
Financial Pro Forma
14
FORX.H :
Service Areas, Construction Schedules, and Construction
Practices
5
FOFI: I:
Channel Capacity and System Design
32
FOR`: J:
Proposed Signal Carriage and Channel Allocations
13
FCF." K:
Local Prcgra=ing (Local Origination and Access)
4
FCr:: L:
Proposed RztEs
3
FOF,' u:
E=plo%—�er.t Practices
1
FRCM N:
Miscellaneous
1
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L�ITRODUCTORY OVERVIEW AND S,-,VARY CF PROPOSAL
Each applicant should present a clear and concise narrative description
of the cable television system and services it proposes to provide. Please
l:mtf-"responses to a maximum of apprcxi=ately 25 pages.
Please cover the following subJect areas:
• Overview of Proposal
4 Cum ership and Management of System
• Financial Cc=`Ltments
• Systeal Design and Cor.strvcticn (including bi-directional
capability)
• Signal Carriage and C`.annel 311ocations
• Local Crigination and access
• Rates and Rate Guarantees
• Institutional Services
• Marketing Plans
• Other
:'he purpose of this section is simply to provide the reader with an
understandable overview of the proposal, not tc discuss details wh-1ch ::ill
be covered elsewhere in the application fOtrS.
':'he applicant must clearly differentiate between those elerents of the
proposal which it is fir-ly cccmitted to providing (which vill be ccntrac-
t::ally binding) and those which .:.av be provided.
iv � tsrt
V2751-
SUMMARY OF CHANNEL ALLOCATIONS
Briefly describe below the designated programming or services proposed
for each of the cable channels (i.e., Channel 10--I%TLG. 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 beloo:.
Cable Designated
Cha=e.l Service I
I
I
i
I
nm-
APPUCATtON FOR CABLE CONIMNICATION SYSTEM FRANCHISE
FOR THE CITY OF MII�*!I , 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 _
Ivi
APPLICATION FOR CABLE COMMICATION 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 ant• such representations may, at the citr''s option,
result In re%-ccatjon o., anY frWIUMSi' that may bu grantt], in conse(]ut'nce
cf this application.
Consent is hereby 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 FOR!iS
FOM A! OtW-,tE'RS$I? A D C0NTR0L IN.70P,IA T ION
For= A Page 1 of 4
OWT'RSc1P AIn C0*i MOL INFORMATION
(Reproduce additional forks if needed.)
To be completed by all principals, officers and directors of applicant, and by
beneficial ou-mers of 1 (one) percent or more of the stock or other eurnersh:p
interest in applicant. Beceficial owners include, but are not 1'^ite: to,
individuals, corporations, partnerships, joint ventures and unincorporated
associazicns.
Na=e (if individuate)
(if organization)
Address
(Napier) (Street)
(City) (State) (Zip)
Nature of Interest: ( ? Pa:tnea ( ) Stockhoide:!C•.-ner
( Officer ( ] Corporate Director
Profession or Cccurat-a
Name of F=loyer
Address of E.-lover
Number of shares of each class of stock or ovaership
interest (including stock CptiC:S, stzCK slLscri=ticns,
and partmersaip options):
Perzentage of ewaership of partnership, vot!--g stock or
equity interest:
Fora A Page 2 of 4
Ow'N�RSfi'P AIN'D CONTROL IVFOR.u.ATION (continued)
To be completed by each organization or corp.�razion 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 Fora A for each entity until all oa=ership interest
(individuals) are identified.
Name of Organization
Address
Na--e
(Number) (Street)
(City) (State) (Zip)
Ownership
Address Cavac_t-: (Percent)
Form A
Page 3 of 4
STOCK IVFORMATION
Please answer the following concerning the corporation.
1. Is the applicant a public'_- held corporation as defined by the rules and
regulations of the Securities and Exchange CoQaission°
- [ ] Yes [ ) No
2. Stock of corporation:
— Class of Par I Vote Per lNo. Sharesl:lo. Shares(No. Shares] Total No.
Stock Value i Share I:.ut`.oriced'; Issued �Subscr'_'�ed!Stcc.K!.clders
I �
3 Does applicant have any other obligations or securities authorized or out-
standing v ich bear voting rights either absolutely or upon any contingent-'.
( ] Yes [ ] No
"yes," sub=it a state=ent of (a) the nature of such securities, (b) the
face or par value, (c) t1ne nu=ber e_` ttiits aut`cra_: ed, (d) the au=be= of ,nits
issued and outsta.`i=_, (e) the aunber of = its, if any, proposed to be is-
sued, and (f) _`.e ccrditie_s cf ccnt'_ngenc^ upon ut..ich securities may be voted.
4. Is aic'_icant ccrcraticn directly or i=di_ect_7 ccntrcliea by anether ccr-
peration or legal entity'
( l Yes (? No
I! "yes," please ex;_'ain.
Form A Page 4 of 4
OWNERSHIP DISCLOSURE
Applicants, including all shareholders and parties with any financial
interest in the applicant, must fully disclose all agreements and understand-
ings with any person, firm, group, association or corporation with respect
to the franchise and the proposed system. This includes agreements between
local investors, 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 ccnsidered cause to withold or revoke award of the franchise.
Please append copies of any written agreements Wade regarding the owner-
s:,ip 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.
MH B.' QUAL*-`ICAT-::C%-iS
Fors
Page
1 of 2
NMRSEIP gMkLIr-.Ca.ions
I. Does the applicant, or any person or business entity baving any interests
in applicant, di=ec_lq or indirectly oWn operate, control, or
have an
intez-
est in anp of the fol.lowj=g:,
- a. A national broadcast telev�s40n network (such
as ABC, CBS, cr BC); or I
yes
I no
b. A television broadcast station whose predicted
Grade 3 contour, ccmputed in accordance Grith Sec-
tion 73.68.. of the FCC's isles, overlaps in whole
or it Fart the service area of such s-:st—, or an
applicant for a license to operate such a station;
or t
I yes
c. A television tran_s'_ator station Licensed to the
cc:.:.�;=i_y c= such syste_; or
yes
I nb
d. A telephone crrpan7 whose service area includes
the Z yit-. (
1 yes
I I no
e. A newspaper :^.av{_=g loom circulation within the
cc=..Tu :=':7. I)
yes
I l no
f. A radio station. I
l yes
I l no
"yes" tc an-7 of t`:e above, indicate below, with full identifying
particulars, the nature and cvctent of such ournersh--p operation,
control
cr
''.serest
Na--e of Applicant, Person or Fntit?:
:+a :are cf interest:
Cc=pa=y in -tick _=terest Eeld:
ia--e of Applicant, Persca or .stStp:
(ccat�.ued
1. For - --roses cf this for=, "-1-terest" includes, in the case of ccrper-
aticns, cf:_ce-s, d_: ectcrs , and share^olders ow.-4.g _ percent cr acre of tde
cC ra: '5 CL ts:3 Gib 7Ct:�� stCCK. V
C An a::_:_.ati7e res�c:.se to esticns (athr=u:a . �c % 1) _ (C) Wan. CC:Sti L1tE
di9Ctn_'.FiC2t_ C_ an ar.-DIicant if Fever-_ C W...=fzatic s Cc^=lssicn (:C:
i
Cr:sS—Cwmer5 :j: ^.:_es suc:: an aro_fca:t fr= i:7esti:s .',_ cable
tP-9 (see +; CFR 1 63•45 and 9 76.5C:i.
Fors B Pap 2 of 2
OUNERSHIP QUALIFICATIONS (continued)
Nature of Interest:
Company in which Interest Held:
3. Is the applicant a U. S. citizen? ( yes ( no
4. Is the applicant, a U. S. corporaticn'. yes
W "no," please describe is detail.
5. If "no," above, state =7 ownership retained by persons or entities
which are not U.S. citizens or corporations.
o4 c: c�..axacz Qra�.�Fica:to;;s
Fora C
Page 2 of i
CR?RAC ER QUALIFICATIONS (continued)
3. Eas 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 J no
c. False/misleading advertising j J yes j J no
d. Violations of FCC regulations j j yes [ J no
4. I: "yes,'' attach statement providing specifics.
5. Has applicant or any 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 may result in same?
6. If "yes," attach statement providing specifics.
I I yes. I J to
i. Has applicant or any principal ever, as a result of
an adjudicated proceeding, been round in violation --other
than routine service complaints --of any franchise agree-
ment, contract, or regulation governing their cable com-
=unicaticns syste-s owned or operated by them? ( j yes I j no
8. if "yes," attach statement providing specifics.
9. Has applicant cr any principal ever initiated liti-
gation against a franchising authority or had a fran-
chising authority initiate litigation against it? [ J yes [ J to
10. If "yes," attach statement providing specifics.
11. Eas 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.
M
CA3LE EOL:'.%;GS
Fcr
Page I of 1
CAM! HOLDINGS OWNM BY A2.vLICav;
,= PRESF-I SBBSCR13E3 RATES
Please list all holdings (franchises and systems) in which applicant or any
_ principai* cuts 3 percent or more of equity interest. (If additional pages
are needed, please rerroduce this for-=.)
Lccation of S7stem
I
Date of Franchise Award
i cr Accuisitiz-=
._amt `"4- es of 57stem
l
mate First Su'scri!:ers
5e^red
mate Cyr=tr.:ct_.._
Cz=71 et e;
?ercentzce of Svste✓ i
Owners, =e1 d �
I
=cider of Contr^11' er
I
'
Nmersh_p interest
Current Sucscr'_oer '.ate)
Late Rate 3cpr
I '.Name and: A-6dress cf
j Local G.:ver=e,t f
Officials Respocsible If
for Cable C'rer aticns
*Fcr ruxpcses of ttis term, "pr=ccra. =ears a=7 o.z,cer cr v:
applicant, and anv persec, firm, corporation, subsidiary, ;oi:t vent•.:.-e cr
otter emit?, .nc cr w~�.ict cvr or controls 3 percent or more of the voti=&
stock (er acv equivalent vot'-- interest of a partnership or .4o'--t venture} c:
as app.-ca=_.
TOM t.6 FUUMER FP-A.NCEISES OR OUNERSEIP INTERESTS
TOL4 rt rlNANCIAL RESOURCES, EXISTING CAPITAL CO'.-M'TY-BNTS'
A',qD POTENT:kL BUILDING COM':ITvE:1TS
Form F
P496 i 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. Eaui:q----w-hat is the source and amount of equity capital?
I
b. Eebt--;'hat is the primary source and amount of debt?
c. Secondar? 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. ?e=s of financing:
a. Amount--Pri a _--7 S Period
Anount--Secondary S Period
b. ruder what conditions is the financing to be made available'
c. What interest rates.'
d. What collateral is involved?
e. ;-ho are g.ia=aatcrs?
f. are there related ag_epnents made in connection with financing of
this project?
z'ot-I f
Page 2 of 6
FINANCIAL RESOnCES (continued)
- g• Are there any li-nitatioas on the sale of stock bq individual holders
is this project? Describe.
h. Are there any bu--our, or buy—back stock prcvisiots? Describe.
i. Are there any assignments or intended assign --eats of stock voting
rights? I. sc, describe.
J. I! applicant is (cr includes) a multi;le system operator, .ill it
agree to counters_ the franchise agree=ent if asked by the cit^?
k. Is applicant o:gaa:red as as :RE Subchapter
chater S ccrporaticn? 1! yes,
what depreciatica rate ill be used for tax pu=pcses?
Form F Page S of b
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, cast,
plus credit, services, etc.). Include financial commitment documentation for
each invostor.
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.
i ►I I I I i
i� � �
NATTONAL BIJILDIM; CONMITMFNTS--HEW PLANT*
o
a
To he completed by all applicants or parent organizations franchloed /n more than one community.
If addt—
hl
tional space Is needed, please reproduce this form.
Hiles 6 Cost of Committed Plant �_ Committed Total Capitnl_Costs
�1
1Completion
_
(give name of community) 1980 1 19111 1982 1983 1984
Date**
City of Miami Hiles
------------------------------------------------------------
Cost
Commlln i ty 1: Hiles
---------------------------------------------------------------
Cos t
Community 2: Niles
Cost
Cnmovinity 3: Hiles
----------- ------------ ---------------- ---------- -------------
Cost
Community 4: tilles
------------------------------------------------------------
Cost
Community S: Hiles
Coat
*New plant Includes the miles of committed plant sad construction costs for all recently awarded
franchises
y
which may not have started construction and also older franchisee where huilding program is not yet complete.
�
*"Completion dote no promised In the application for each franchise.
0
rA
a+
CO1RiiTMA.NTS TO RF.RNii.D—RFRUILDINC PLANT' "r
o.
To be completed by all applicants or parent organizations franchised in more than one community- If addi-
.4....e1 a ace !o needed_ please reproduce this form -
Miles of Committed Rebuilding Committed Total Capital Costs
(give name of community) 1980 1981 �' 1982 [ 1983 1984
Community l: Miles ---------- ----------- --------- ---------- - --
Cost
Community 2: Miles
Cost
Community 3: Mlles--------
-----------
-
------------
-------------
Cost
Community A: Hiles
Cost
.ommumity S: Mlles
--------
--'
----------
-----------
-----------
Cost
:ommumity b: Hiles
-M--------
-------------
----- N------
----MM____
Cost
Summary
ew Plant (including the City
of Miami)
Itebufldfng Plant
Total Committed Capital Costs
CP
POTENTIAL BUILDING COMNLTHENTS--CURRENT FRANCHISE. APPLICATIONS
To be completed by all applicants or parent organizations applylug for franchises in other commie—
nitles. If additional space to needed, please reproduce this form.
Community In which Date of ( Expected Date Eatimated
franchise smight Application of Award Plant Htleage
Community 1: Niles
Cost
11 Estimated
G Cost
Community 2: Niles
Cost
Comanmity 3: _ Niles
Cost
Community 4: Miles
Coat
Total Estimated
Mileage end Cost
od
JOR-M G: FINANCIAL PRO FORA
.I 11 1 li I I I i I I I I I I I I I
ANTICIPATED
SYSTEM GROWTH AND REVENUE, STA'i'}ANENT FOR THE
CITY ()}. ?ii:1%ti
SYSTEM
--,----
I Ilouseholda--
--Average-- -Average --�--Average I
Percentage -of
Pentration—_---~-
Year
(in Pranchiael 1laalc* I 2nd Set* Pay Cahle*) Basic
Subucribers/
IPay Cable Subscribers/
Area
IStebacrlheralSul►acrlberalSuhacrlberslilomes
Passed by (:able
lllomea Passed by cable
Year
1
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
15
Alf
there is more
than one tier of service offered, provide
information for
each tier. Show
separately,
number of
si►bacribera, average rate, annual revenue for cacti tier of
baale and pay cable
anti other
ae-rvicea.
Also show total for all tiers of service.
MITE:
Year I begina
on the date the franchise is awnrded.
to
ar
00
m
r
0
re.
V
ANTTC.lPATFD SYSTEM GROWTH AND REVEN111; STATFMFNT FOR •rrlli crrY m: mi,vii
CA11J.F. S'i
STE..'.1--C ont
inued
--- -- - -�- - - --- - - Revemie Per Subscriber ----- -� -- `_-----Revenue
(Anm a 1
Total)_________
--
Year I Basic* 12nd Set*l I'ny* linstai-I ( Rnsic*l2nd Set*
Pay* 11natal-I
Other
i (Yearly) I (Yearly) ( (Yearly) l int ton I Other I
1 lat lon IServicea
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year A
Year 9
Year 10
Year 11
Year 12
Year 13
Year 14
Year f5
(continued)
*1f there is more than one tier of service offered, provide informatton
for
each tier.
Show
separately, number of subacribern, average rate, anneial revenue for each
tier of
basic and
pay
cable and other services. Also a total sheet for all tiers of service-.
NOTE: Year 1 begins on the date for franchise is awarded.
r . II .. 0. 1 " 119.1iq u ^!I'"1A�P!rr91lR"F ,l?7Wn�u . ip �. np^li no _. rm, ...., i����.������........�.�........ 9
' FS.RR �iI.E1pli'.11611!!'I�.IIi ril n �i i .
Form 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.
Form G
Page 3 of 10
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.
�r
d
INCOME. STATMENT (in OOOs)
( Tess [Equals j Less
Eguois P'Ins iru®�e
Op-1 Equals
lOperatingl less ineprect-lPre-tax{ Income
Net lRepreci_
Flow
Year
jRevennelersting
(P.xpenaeal Income {Interest(-atlon - Income I_Taxes-
C Income soon {
Year
Year 2
-- - — —
-
Year 3
-- - - _
Year4
_ ---- --- -
Year S
—
Year 6
-- —
Year 7
-- - _
Year 8
Year 9
----- -
Year 10
-
Year
-----
Year 12--
Year 13
—__ --- --
Year 14
_ --- —
a,
Year 15
NOTE: Year I heglna on the date the franchise le aworded.
o
Form G Page 5 of 19
I. Present, in brief narrative form, applicant's financial goals. Specifi-
cally, include in your discussion financial +:argets for operating income, pre-
tax income, and desired rate of return. '*hat 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, in -flows? what residual value is as-
sumed for the system at the end of the franchise period?
2. Please describe how inc=e taxes are c=puted. ki_1 federal income taxes
be consolidated with a parent cccpaa^? If not, show tr eatnent of loss carry-
for«ards a-d investment tmc credits.
0
SO1114CF.5 AND 113N.S OF FUNDS
-__ —_—
Sourcea of Fonda _
_ 11nee of_Funda
--I-
Year
18egtnningl-
_- - -- I I Capital
I Oper- Iinterestl---
Loan I
Ca eh
Egnity ( Lonna ( Revenne I Total I Fxpen-
I sting I Pay- I Income I Repay- IDIvidendsl Total
Rnlnnee I
Fundy ( ISourceal dltures
(Expenseal menta I Tex es went (lees
Year
I
Year
2
Year
3
Year
4
Year
5
Year
6
Year
7
Year
A
Year
9
Year
10
Year
II
Year
12
Year
13
.d
w
00
Year
14
a.
Year
15
O
Total
r
NOTE:
Yesr 1 heglna
on the dale the franchise In awarded.
Page 7 of 19
Form 0
t-NMAL L=S INFOR"kTION
Year Average Loan Balance for Year Average Interest Rates for Year
year 1
Year 2 I
Year 3
Year 4
year 5
Year 6 1
j Year 7
i I
� Year S
I Year
Year 10
Year 11 _
` Year 12 I
I Year 13 `
Y ear 14
Year 15
Total
Year 1 begi :s cL the care t'.^.e :: anc :se :s a arde,.
1 l i
_N
ANTICIPATED CAPITAL EXPEND ITUNK", (III $000S)
(Antenna1
1) - f str - I - 1) - tit I oil m.; I I t
Drops*
ILcaschold
Cower-1 Btiild- i Improve-
0
Year
I & Itilcrowavelileadendl
Earth I Aerial I If ider- I Pale tlotiat I I
Towers I
Stat loll I I gromid jArrangmt.lNetwork I
s
ters* I I ngs I menu
Year
Year
2
Year
3
Year
4
Year
5
Year
6
Year
7
Year
Year
9
Year
10
Year
11
Year
12
Year
13
Year
14
Year
15
09
Total
m
(continued)
00
0
*Eipilpment on customer's premises (including; capitalized labor).
NOTE:
liteltide projected
replacement capitaltzntlon where applicable. Year I begIns on the date
the franchise Is awarded.
qjwj�, y I Ji I � R1 -TIM
"NiiIINN11dNNNNI i'iI IilNll i i l it i INllh Nllh'I d iiii
��ii iii I ' i d�V ail
f,
BiY nBl it 1
N � I ,� �Iii f�i�ll I
L
h.lfllll l u �il i� �i I i h�
Ir wi
•�l�l��il i
I ,id. rr
Awri(:11'A"1'Ia1 CAPITA!.
IiXI'I'NI)1"I'iIIJI:S (in ;Illlilrt)--,
��rrt inrred
- L I
Orfgltin I Ioit
- 1- Tent ----I------- 1--- -I ---
- - -jPrY Cab lcifapltnlized l --al-- --- I �
Year I Land I Stndlne
i Mobflel ligrifp-
Il:qufpmr-n[�IVrlrlcler+IPrc-Op-IF.nl;lneer-I
16-f rted 10verhead b I Othee I 'Dotal
I I
I vans I ment
ISpr_ farts) leratlngl
fill, IE*(I IIFmentI Equipment
Year 1
s
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year N
Year 9
Year 10
Year I ,
Year 12
Year 13
I
Year 14
Year 15 .d
To I- a l °O
ro
`a
*1)1r4cnns and describe the methods) need fit determining capitalized overhead applicable Lo the system. °r�
**1lehcrlbe other capital expendltnren. r
on: Include projr'cled replacement capitalization where applicable. Year l begins on the date the franchise is
awa rdvd. i
I
11111-.PReifW4111 v`rw -'MI 'FC°"WTIla'- �...e....el! Pi.4teeVv:<a' ,�Hr' RI n n' .......—...�—..._—�..�...,...e.�.e. W-F1t4�.;x*.W�1'a�Lt5aalti ul Bi,i
Form
Page 10 of 19
CONSTRUCIMON COSTS
Item
Aerial
rcderground I
Distr'_buticn Cost
Per Mile
Make Ready
S
S
_ngineer'_zg
S
$
Labcr
S
$
Ba:dwa:e a:.d Strazd
Cable
5
S
Electrcnics
S
S
Cther
I
Total Ccst ?e: M:►e
S
S
Ccst Per Drc^
Drop Material
$
S
t
Labcr
S
S
Converter
S
t
S
Total Ccst ?er Drcp
S
I I I d I II I
I I I I I I I I I I I I I I
II
I
n.i
DEPRIiCIATION
o
IAntenna(s)I I 1 (
1)IstrIbutIon IInstltit- )
I I (Leasehold
Year
I b Ifflcrowavelllendend) Earth I
Aerial 111mler- I Pole I tional I Drops
I Conver-I wild- 11mprove-
Towers I I IStatfonl
I ground lArrangmt.INetwork I
I ters I inga I ments
YearYear
2
Year3
-- — — -- - -----
_— _-- -- - —
Year
4
Year
5
Year
6
Year
7
Yea r
R
Year
9
Year
10
Year
11
Year
12
Year
ll
Year
14
Year
15
�e
Cm
�o
Total
(continued)
6
►e
NOTE:
Year 1 beg1na mi the date the frrmclifRe
is awarded.
11-
w
11 II��,II ICI II�I,�I,� III' I"",I `•Iq �.1 af1 Ali i,I itil II sl#II��I• I III I 11
I I r„,il?1 I �I�I;II Iln , I i
�1��III�III��I�II 'I IIl L T.111l ll ��°II.,IIII�'j III III IL,PII,I IIII.JIIIn�llll'II II, IIIP�I III III �� �.,_, �I
itl•:PRECiAT] ON—cont finned
--- l-- Orlginatfnn _ I Test --------�----I---------11'ay CablelCapitaltzedl
Year 1 Land*I StudIon 1 110111e1 F.q((lp- JF.qulpment,lVehlclenlPre-Ol)-II?npineer-I Related (Overhead & I Other i Total
J J ( VanA J ment JSpr. Partr+l leratingi Inks JE(pilpmentl Egnipment i 1
YearJ -- _ — ----- --- --- -- ---- - - -- ----- ----
Year 2 -- _-- -- --
Year
Yenr 4
Yenr 5
Year 6 --
Year 7 -- _
Yenr 8
Year 9
Year 10 -- _
Year 11
Year 12 -- —
Year 13 -- _ -- Year 14---
Year 15
Total
*Not (lepreclahle.
NOTE: Year I begIns on the date the franchfse is awarded.
0
in
I I I 1 gmflm�"1'IY'nll ""R"nn�Mnq�r�ri'�0•'r7PF R,rymr�.!rvIIIi..rj"[R1"'r0�'P jL i iliil�Il p9 ln, 111 411'1 nl'i0 I. II 'I'"fillip 11I11I ill II I '11 I __`NIaPIPInM�llq!!nyuq��a�n�.I�unii.ni�niuunuuuiiii inliiinmWnnmunu�
Page 13 of 10
DEPR.CIAT:ON JCS T:r ICATION SE::z.T
Item ' Depreciation Li:e
(years)
1. Antenna(s) b Tcwers
2. Hi c rowave
3. Eeadend I
4• Earth Station
S. Distr'�ution:
a. Aerial
b. Cndergrcurd
c. Pcle ar_atze eat I
5. Drcps
i. Ccmve_ters
S• Build' --Ss:
a. Eeade=ds
b. Studio
C. Offices
9. Leasehcld :--;rcveneats, Fur=iture, Futures
10. Crig'saticn Equ=p�ea:
1:. Land*
12. ':est Ec;::Pceat, Tools, Spare Parts Z=entory 1
12. T e.h 1 e s (!
14. Precperating I
15. icg=teeri=2 !
- - i
16. Pa-7 Ca*'_e Cc�.erters . (a..d �
:i. Cac_:a.:itec ra--:cil 1
18. Other (deta"
Not. de;reciab_e.
•
Form G Page 14 of 19
PAYROLL EXPENSE
Under each category below, specify actual titles of anticipated personnel le.g.,
system vanager under General b Administrative; access coordinator under Origin-
ation; etc.). In :he parentheses ( ), indicate the equivalent number of full-
time 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).
ANNUAL SALARIES AND WAGES
(in $OOOs)
I Cateeory I Year 3 1 Year 5 1 Year 10 I
A. Plant
2.
(
)
(
)
(
)
3.
(
)
(
)
(
)
4.
(
)
(
)
(
)
5.
(
)
(
)
(
)
6.
7.9.
)
C
)
(
)
10.
(
>
(
)
C
>
B. Origination
2.
(
)
(
)
(
)
3.
(
)
(
)
(
)
4.
5.
)
(
)
(
)
6.
(
)
(
)
(
)
7.
(
)
(
)
(
)
9.
(
)
(
)
(
)
10.
(
)
(
)
(
)
C. General and Ad=inistrative
2.
(
)
(
)
(
)
3.
(
)
(
)
(
)
4.
(
)
(
)
(
)
5.
(
)
(
)
(
)
D. Other
2. ( ) ( ) ( )
Total
NOTE: Year 1 begins on the date the franchise is awarded.
Form G Page 15 of 19
EXPENSES --`_'EARS 3, 5 AND 10 DETAILED PROJECTIONS*
Category I Year 3 1 Year 5 I Year 10
A. Plant:
1. Salaries
a. Overtime
2. Employee Benefits
3. Maintenance
4. Converter Maintenance
j 5. Pole and Site Rentals
6. ;i:crcc:ave Se^.+ice �
i. Power
8. Vehicle Expense
9. Rent
10. Pavroll and Expenses
Capi_a_ized
11. Other*
TOTAL PLAN:
(continued)
*Fi:tee=—year totals to be reflected in Su--;; ry on Fo^ G, ;age 19.
**For all "other" cate2cries of a particular total operating cost, specify
the individual cc=pcnents that .-lake up the "other" category and dcc=ent these
ex;eases.
Cn a separate sheet, please describe all assumptions made to develop
operating expenses such as -ever cost per mile, number of subscribers, per
general and administrative clerk or technician, leasing cost per vehicle,
etc.
Forte G Page 16 of 19
r LPy+SZS-"'.'EARS 3, S AND 10 DETAILED PROJECTICNS*--Continued
Categor9 I Year 3 1 Year S 1 Year 10
- B. Origination Ex?enses:
- I. aalaries
2. Overt4ne
3. Benefits
4. Rent
I
- 6. Y-aintenance
6. Ve:c'_e Exrenses _
I
7. Cc: _cn Carr`er
j.er:es:�a
S. Local Prcera= Ylateria+s
i
? a. :aF.e Stcck
b. Fi=�
c. Misc. Su;; -lies
i
- 1
9. Satellite Signals-
— a.-nde^encemts
b. Other
y e. Pay Carle
10. Stand-alone Progra=
- :'aterial
- a. Films Service
b. Gt.he: Nonastoma.ed
e. Automated Progra-'n-S
11. Promotion (LC b Access)
I
12. Other ".=sce::a::eous---
:ot�l
I
(cont.nue=)
*'i_teen-:ea: totals to be reflected' _. Sur a r7 on .cry G, p• 19.
- -List all signals imported and t',Ieir ccr.espccc rg annual cost
-;.,_st seTa_atel, .
Fors G
page 17 of 19
E)TENSES--YEARS 1, 3 AND 5 DE TAILEZ MOJEC;TIONS —cot tinued
Category Year 3 Year S Year 10
C. General, Selling b Admir-
istrative Expenses
I. Salaries
a. Overtime
2. Benefits
3. Light, Eeat b Pewe:
4. Vehicle Etrense
5. Rent
6. .:ate'_ b ..ztertai=e=t
7. Cent_tbuticns
E. ?rcfessicna.l Se -.-.ices
I o, Staticze;-7 b
j1C. Fcstage b .re_g':t _
Ad•.,ertisi=2 b 'rrcmction
i2. Te:ephcne a=d Telegraph
13. Sundry Cffice `xrenses I
Insurance
Bad Debt Accou:.ts
I
6. Start-up 'xrenses
117. State and Local Taxes
118. Franchise Fees _
1:9. Licetse b ?er=it Fees
20. Cctr:ic�_ ?a-=ents
121. Services ?.:: c:^.asec :: c=
j Pa:et. Ccmrang*
I22. ?a^roll b Expetses 1
I Ca;italized
23. Otte:**
1
GSba
*=f app:ica'c:e, f it_ in Fer G, p . 1F .: crc ete Beta''= .
**Fe-. all "ct'`er" categories cf a particular total operating test, srecify the
indiv=du.a1 cc=pcnents t^at Wa-e up the "ct: er" category and dcc=ett these
ex,ez:ses.
NC:Z: Year 1 begits on the date the franchise is awarded.
"Aimt� � � �' �khbkl il,11140kdi rl 11
SF'RVICFS I'IIRCIIASI'D 1`110H PARFNT ORCANHATIOU
(If oppl lcrahl►�)
1140TV: If the applicant ow -no more than one cohle ►1,1111cm, dencrihe 11112 hnr►la to he oeed for allocating
corporate overhead. Nor example, perhapo all overhend pond coots ore allocated to uyatemo on the boats of
a ratio of uyetem nuhacrlhere to total compnny enhocrihern. From current expertence, show total amount
of corporate overl►end to he shared i,y nil ayntemo.j (118e additlonal s►heeta It neceeaory.)
NOT@: Year 1 heglna on the date the frnnchloe In avnrdell.
Nu►►ngement ( R + q ' Cuotomer J b RI Other (Please
Year Servtceo [c ai Acrountln Billing Prodetall) Total
Preop—
eraLing ---- ` - -- —`
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7 _
Year A
Year 9
Year 10
Year I
Year 12
Year 13
Year 14
Year 15
tT 1
F.XPI?NSFS--SIIflttAltY 0 0000
flits( IIIATI"It- Pro'ram i'rndnr I -- - I { ::ri':rrFeal E E Tarot
Year ITechnlcal I { 1 �, I Other ESn1�QaraitE
ISalarles 61 Other ISuhtntall Salaries 6 I Other ISohtntIII IItcnefltol E E
1 Ilencflts 1 ( I HeneFlts 1 l — __--
Ptlenper-
a t i ng --- -- -- — ---- - - - Year l — ---- — ---- ----�—
Year 2 Year 1Year 4 _-- -
Year ---
Year fiYearYear fl --- —
Year 9 — — -- —
Year i(1 —
Year I i
Year 12 _ .—_ — --- - - - --- —
Year 13Year IIIYear I5 —_ _ -- - ---- — -- —
Total — ------------ -- —. ---- — —
tJ1)TI?: Year 1 begins mi d,�te the fr:mchlse Is awarJed.
40
ON
00
r
a
r
A D CONS—.?". C-- +CN ? R.s c: _cT"s
-'�"!?��.. ,}"!'-WI+`si ..i �s..a rm ..-v::x.,. ..-.ry •;Cop.. s..e e- �_ ..
Form E
Page 1 Of 5
SERVICE AREA
1. Supply a flap indicating the boundaries of the service area to be con=
structed in each year of construction.*
Year 1 begins on the date the franchise is awarded.
Form H
Page 2 of 5
CONSTRUCTION SCHEDULE 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 II Census Tracts
I
1
2
3
NOTE: Year I begins on the date the franchise is awarded.
i
Form H Page 3 of 5
CONSTRUCTION SCHEDULE BY MILEAGE
(Basic Subscriber Network Only)
Category I Year 1 I Year 2 1 Year 3
a. Aerial plant miles
b. Underground plant
miles with conduit
c. Underground plant
miles w/o conduit
d. Tctal plant miles
(.or year specified)
e. Cumulative plant
miles completed
(inception to date)
f. Cumulative percent-
I
ace co-aleted
(inception to date)
NOTE: Year l begins on the date the franchise is awarded.
Form E
Page 4 of
CONSTRUCTION FRACTICES
I. System Construction
a• Will construction be undertaken by a turnkey
Contractor' I j Yes
b. I1 "yes:"
(1) Has turnkey contractor been selected'. I j Yes I ) No
(2) Who is turnkey contractcr°
Discuss availability c° vc:k crews and ecuipc.ent to ensure c=;:iaace
th ccr.str.:cticn sc`edule. -etas_: cut=tandinz ag:eeaents 1t.. corst:uctien
cc=;anies cr a:,.a-Went su7, 'ie_s . 5u;piv ccpies Cr an^ cc=_itt :nts rega:..
:ng this pa_ttcula_ pro ect
3. Discuss proposed construction standards dealing with sa:et9 and reli2—
bi1=t List constm ct:on codes which vill be follewed.
Form H Page 5 of S
U NS-MUC:ION PRAC?ICES (continued)
4. List or discuss standards to be followed regarding tower construction,
marking and lighting.
S. Describe company's construction policy if utilities are located both
aerially and underground.
6. Do you have a manual of construction practices to be followed by con-
struction crews?
( j yes j j no
If "yes," attach a copy of the manual as an appendix to this application.
L
MUM I: CM+..'1:iFi. CA-PACI= aND S'S MI DESIG:t
Fora I
CRANINEL CAPACITY AND SYSTEM DESIGN
Page a
1. Proposed System Design
Plant :Miles
a. "—Ieage
(1) Subscriber Network --basic subscriber system
(conform to totals or. For a, page 3).
(a) single cable?
or
(b) dual cable? ( j
(2) institutional Network (if separate I:zstitut ona_
cable).
(3) Ot:.er (explain).
b. Design Type
descriI:e the type of layout that will be used to provide cover -
ace to the :ra:ichise area. Lxa=le: "hub system linked by A.` , radial
la• -cut us:r.c a renote headend interccrnected,by super trunk, dual -trunk, dun=-
.eeder and separate institutional network, each using 400:7iz equipment."
Fora I - --
CL��tiiL CAPACITY AND SYSTEM DESIGN (continued)
Z. 'Describe distribution system, cable and equipment. Give manufacturer,
type and model number for the following.*
Please Noce: If an;: equipment propos-2d for use (in this or ocher 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 Eiectrcnics :
T:-�.-k A=plifiers
Bridging Stations
Line Extenders
Power Su plies
Standby Pcwer Eyste=s
Distribution S•:stem
Institutional Svste=
A:arm. Sys te_
Converters
Addressac:e :ars
Other
Passive lectronics:
Splitters
Power CC..iner
Subscriber :a-s
_ Connectors
Other
*Tt will be presumed that equipment described or its equiva:.ent will be
_ used in actual construction. As an alternative, applicant may provide de-
tai:ed specifications for such equipment.
s
Form I Page 3 of 32
,,rL CAPACITY AND SYST-M DESIGN (continued)
3. will converters be initially provided to all subscriberso yes Igo
for all tiers of basic service?
If "no," explain under what condition converters will be made available.
Fora I Page I of 22
CAPACITY AND SYSTr—M DESIGN (continued)
3. Will converters be initially provided to all subscribers,
for all tiers of basic service? Yes j j No
If "no," explain under what condition converters will be made available.
Fora I Page 4 8f 22
Ciir.N EL CAPACITY &ND SYSTEM DESIGN (continued)
4. Describe plans to operate or contract for transmission services using
ttie following banes.
a. Cc=on Carrier
b. Cable 7elevision belay Service (CARS)
e. Multipoiat Dist:ibut=cn Service MS)
d. Other
Form I
CRA.N;r:L CAPACITY ASID SYSTEM DESIGN (continued)
Page 3 of 32
5. 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 ( ' nc
b. have on -site Weas;:renents been made? ( j yes ( 1 cc
c. Has a 1_nf budget ana:ysis been ;er_crmed? ( j yes j J no
If "yes," to (a), (b) and/or (c), attach copy(s) as an
appendix to this application.
d. Will earth station(s) be protected by FCC license? ( j yes ; 1 cc
*It will be presumed that equipment described or its equivalent 16-i:1 be
used in actual ccr.st-uction. As an alternative, app_ica::t may provide de-
ta:led specificaticns for such equipment.
Form T Page 6 of 32
cF_-vN%EL CAPACITY AND SYSIMI DESIGN (continued)
6. SERVICE LEVEL SEPARA':ION
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 cne basic service tier is to be provided, describe hew
lower tier subscribers will be isolated from receiving upper tier pro—
gram-ing.
in
Form I Page i of 31
CAPACITY AND SYSMM DESIGN (continued)
?. Describe headend design and reception facilities (including make and
model numbers of antennas, signal processor, modulators, demodulators and F.V.
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 su=ary spect:.;= utilization chart for each activated
cable in the proposed systea.
a. Will FRC charne:lzation be used? j J yes [ j no
b. will co=on video sy-:chrcnizaticn be used? ( ] yes [ j to
c. Will individual F': radio signal processing
be used? [ j yes [ ) no
*it wi:: be pres=ed that equipment described or its equivalent w::: be
used in actual cocst:iction. As an alter-ative, applicant may provide de—
tailed spec_fications icr such ecu'_Cmemt.
Form I Page 8 of 22
Ci.AN-N-EL CAPACITY A.`-D SYSTEM DESIGN (continued)
8. HOME SECURITY SERVICE
a. Equipment
If proposed, describe home security service to be installed (it-
clude make and model numbers).*
*it will be pres=ed that ecu_=ent described or its ecuivalent wil= be
used in actual construction. As analte^ ative, applicant may provide de-
tailed specifications for such ecuircent.
Form I Page 8 of 32
c.ANNEL CAPACITY AIND SYS-EM DESIGN (continued)
g. HcxE SECURITY SERVICE
a. Equipment
If proposed, describe home security service to be installed (it -
elude make and model numbers).*
*it will be pres =ed that equ:pWent described or its equivalent wi__ be
used in actual construction. As an alternative, applicant =ay provide ce—
ta-.ed spegificatiocs for such equircent.
Form I Page 8 of 32
CHAINWEL CAPACITY kN-D SYS-LEM DESIGN (continued)
8. HGME SECURITY SERVICE
a. Equipment
If proposed, describe home security service to be installed (it-
clude make and model numbers).*
*it will be pres=ed that ecu_,nent described or its equivalent wi'-_ be
used in actual construction. As an al:er-sative, applicant may provide de-
ta::ed specifications for such: equipment.
Form I Page 9 of 32
CHA?7NEL CAPACITY AND SYSTEM DESIGN (continued)
S. HO:E SECURITY SERVICE (continued)
b. Availability
Will this service be i=ediately available as each portion of the
cable network is activated?
[ j yes ( J 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 service or
will cable service personnel be shared among the operating divisions?
Will contract a=;Ioyees be used? Explain.
Form I Page 10 of 32
CHANNEL CAPACITY AND SYSTEM DESIGN (continued)
9. Describe any other headend electronic and/o7 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 programming 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 information 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.
1
Form I Page 11 of 32
C-F_A,NN-EL CAPACITY AND SYSTE.'1 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.*
*I: :ill be presuaed t`.a: equipment described or its equivalent ::il- be
used in actual construction. As an alterative, applicant may provide de-
tailed srecifica:icns for such ecui;men:.
Fora I Page 12 of 32
Cq,,QN'ti'EL CAPACITY AN-D SYSM1 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 frcm where.
*it will be pres=ed "that equip=ent described or its equivalent be
used in actual ccnstrsctien. As an alte:^ative, applicant may provide de—
tailed specifications for such equipment.
Form I rage aj vs az
CHAIv'NEL CAPACITY tUND SYSTEM DESIGN (continued)
12. Describe plans for standby poser at the headend, hubs and satellite
terminal. Give make and model numbers of equipment as well as time capacity.
Indicate whether envircnraental systems (i.e., air conditioning and lighting)
are to be powered during standby conditions.*
*it wi11 be presu=ed that emuir=ent described or its ecuivalent k:_= be
used in actual construction. As an a:terna:ive, applicant may provide de-
tailed specifications for such equipment.
�r
Form I Page 14 of 32
CsANNEL CAPACITY A.`M 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 equiment desc:ibed or its e;uivalent gill be
used in actual construction. As an aiternative, applicant may provide de—
tailed stecif_caticns for such equipment.
Fora I Page 15 of 32
CF.A.ti'ticL CAPACITY A.N'D SYSM. DESIGN' (continued)
14. Channel capacity to and from subscribers (Subscriber Network).*
a. Downstream:
(1) Frequency Spectrum —;Hz
(2) Channel Capacity
(3) Channel Capacity Initially
.Activated
b. i;pstrea=:
(1) Fre;uency Spec:n:W
(: ) Channel Capacity
(3) Will upstrea= be initially activated from al
subscribers? [ j yes [ j no
c. L` "no," indicate when, under what circurstarces and how future
capacity will be provided.
(1) W"hen and under what c_47c .sta:.ces?
(2) Eow?
*If more tan one cable, isdicate spectr= and capacity of each and
provide totals.
Fors I
CEA.Y:%GL CAPACITY A+YD SYSTE`! DESIGN (continued)
Page 15 of 22
14. Channel capacity to and from subscribers (Subscriber Network).*
a. Downstream:
(1) Frequency Spectrum z
(2) Channel Capacity
(3) Channel Capacity Initially
Activated
b. i;pstrea=:
(1) Frequency SFectru--
(: ) Channel Capacity
(3) :ill upstrea= 'ce ir.itia:_y activated fro= a:.
subscribes? j J yes j J no
c. L` "no," indicate when, under w!:at circt=stances anc how :utu're
capacity will be provided.
(1) »; en and under what circ.=sta::ces?
(2) Eow?
*If more than one cable, indicate spect:= and capacity of each and
provide totals.
... art. +Y. hH'flx.:Mi'rtA?'tRNfi'.iY'sl°.: 1x3^TnF. 'Y' rRM. VWMW
Form I Page 16 of 22
cK9, SL CAPACITY AYD 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 ( ) no
I. yes, please explain.
e. Justify the capacities proposed for both upstream and dow strew=
use in terms of projected service de=ard.
Fora I Page 17 of 22
CL:A.ti'N7EL CAPACITY AND SYSTEM DESIGN (continued)
15. Additional channel capacity to and from institutions (Institutional Net-
work --if proposed; see Instructions to Applicants).
a. Do:.r.st:ea.y :
(1) Frequency Spectrti.:.. -: z
(2) Channel Capacity
(3) \=er of channels to be
In'tial , act-;%ated?
b. I: full dow-nstream capacity will not be initially activated, indi-
cate s:hem, under at c: =sta and to:. future capac- , ::ill be
provided.
(1) When and under ,.hat circ=stances?
(2) How?
�u r
pill 11-10"m
Form I Page 18 of 32
C3AT,' L CAPACITY A"ND SYSTEM DESIGN (continued)
15. additional channel capacity to and fro= institutions (Institutional Net-
work) (continued).
c. L:pstreaa:
(1) Frequency Spectru= (per cable) — MUt
(2) Channel Capacity
(3) Channel capacity initia:'y
activated?
d. Describe, in detail, when, under what c`_rc=stances, and hcw upst:ea=
capacity will be provided to institutions.
(1) When and under what circ;:..:.stances?
(2) Eow?
e. Is a se;arate institutional cable to be constructed or will insti—
tutional channels be carried in sc=e other way? Esplaia.
Fora I Page 19 of 32
CakN- cL CAPACITY A.YD SYSTEM DESIGN (continued)
13. Additional channel capacity to and from institutions (Institutional Net-
work) (continued).
f. List institutions proposed to be included in institutional network.
w
Form I Page 20 of 32
C:=.AN-N-EL CAPAC17Y AXD 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 (i-15(f)j will be initially connected or si--ply 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 upstream/dok-nstream network will be cocrdinated and
managed.
1
Form
I
Page 21 of 32 e
i
CFA.T^ E-L CAPACITY AND SYSTEM DESIGN (continued)
15,
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 commitments 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
channels tc be prodded in to^s of projected institutional and/or ccm-
cereal user demand.
Form I
Page
22
of
32
Cti NIN-EL CAPACITY AND SYSLEM DESIGN (continued)
e
c
16. Discuss expansion capability with regard both to the short-term and the
long-term, including specific references to the degree of flexibility for
adapting the proposed system to increasing or changing capacity requirements.
Forn I page 23 of 32
C:i YN—EL CAPACITY AND SYS7_':1 DESIGN (continued)
17. System Interconnection
a. Interconnection bet.een.headend and hubs,
(1) ".icrowave
(a) Describe the type of microwave,*
(b) Nu=ber of channels:
(i) Doa.strea=: (ii) Upstream:
(c) Frecuenc;. spec_—,=: —'
(d) Est_nated Pc::er .
(2) Cable
(a) Describe the size and tyre of t:snk cable (list make and
mode: number):*
*It will be presumed that equipment described or its equivalent wi:: be
used is actual construction. As an alternative, applicant =ay provide de—
tailed specifications for such. equipment.
Fora I Page 24 of 32
CRAN.ITEL CAPACITY AND SYSTEM DESIGN (continued)
li. System Interconnection (continued)
(2) Cable (continued)
(b) List interconnection equipment (amplifiers, etc.), giving
make and model number.* Indicate modulation technique to be
used.
(c) Frequency Spectr= :
(i) Dcw—stream channels
(ii) tpstrea.. channels
(d) Initial Activation:
(i) Downstream channels
(ii) Upstream channels
*It will be presumed that equipment described or its equivalent ;::1 be
used in actual constrn:ction. As an alternative, applicant may provide de—
tailed speciticaticns for such equipment.
17. System Interconnection (continued)
(3) Describe any other interconnection mechanisms intended to
provide either i=proved performance or better operational flex-
ibility•
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.
Form I page 28 of 52
CHANNEL CAPACITY AND SYSTEM DESIGN (continued)
18. Technical Standards (continued)
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:
I
Page 29 of 22
Fore
CnA.ti'YEL CAPACITY AND SYSTE% DESIGN (continued)
19. Amplifier Cascade'
What will be the longest amplifier cascade
in the proposed systft?
Number of amplifiers:
Number of miles:
Type of cable:
2C. Perfor--ar.ce Tests
Cescribe rrcce...res fcr in_.:a: ;r-ef of Ferfc—ante
tests and or.go_n_
-erfcrrarce tests _nc:uding r.u=ber and general
lecaticn of
test points. :e-
scr.be t`:e test ec.:ip=en_ tc be used; c.ethod anc' frequency
e_ test ecu..:=ent
ca::brati:r.; anal forms and Wet:.cd of recor'ing
f ie:d data
and pe Wa nen_ rec-
_
ordkee. g.
Form I Page 30 of 32
CcLA.YtiiL CAPAC1 Y kND SYST"M DESIGN (continued)
214. System ".aiacerance
Describe procedures for routine preventive maintenance, including type
and frequency of system ins;ection and testing, number and qualifications of
technical staff and service facilities.
Form I Page 31 of 12
CrL-:.'NTL CAPACITY AND SYSTEM DESIGN (continued)
22. Customer Complaint Policies
Discuss procedures for responding to and resolving customer complaints.
Give maxim= response time fcr responding to and resolving customer complaints
received during nc r al business hours, after hours, weekends and holidays.
Indicate how subscribers will file trouble re?orts during office hours, after
hours and on weekends. will answering ser-:ices or automatic answering
machines be used at any time?
Form I Wage 32 of 21
C-A�'ti�L CAPACITY AID SYSTEM DESIGN (continued)
23. System Map
Attach, as appendix to this application, a map indicating estimated io�-
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 shos.:ng
=a -;or cccronents. Prcvide separate illustraticns for Waster heacend,
5,; a heacencs, k:ubs, etc., as may be needed to describe the facilities to be
_�E:.
z�` ?RO OS� �i�.� l r�`-tt s�`"t A.�1`i C�'�f � e'�LCG.�:.4�i�5
Forte J Page 1 of 13
Pk.OPOSM SIGNAL CAARZACc. An CF..A,MIEL ALLOCATIONS
SERVICE TL'B NO. (if applicable)
NO""°: L proposing multiple tiers of service, ccmplete seoa-ate For= J (pages
1 through 10) for each tier.
1. Broadcast 'television Char._nels
a• Local ?rcadcast S:S..al9 (came?_'
I
Seracrdl I Call Broadcast! Cable ?rcpesed
A.:"'i—1 Ci:-� Letters C: a:.,tel. Channel (Activat_on
u
at_an*
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*For exacple, AEC, CBS, *IBC, PBS, i:.dependeat, other.
**Saeci:y przpesed activa:iot Cate 14 other than-n:tia.1 date.
For-- J Pige 2 of 13
P.CPOS= SITNAL C LRRL' kGE AND CEAh'Tr'M ALLOCA IMS--continued
Ss':LCE 1'�. NO. (if applicable)
V0 E: 1° propcsi=g tiers o! service, c=plete separate iora J for each
tier.
1. Broadcast 'television Charnels
b. 'A=ucrt--4 televaisioa broadcast signals (ca._ied
Ser,crki I Call IProa.dcast; Cable I P:cpcsed
Cit? I Letters I Cha=e; I C'aa=e; lActivaticn
atDate**
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*For esa=le, A-2C, CBS, N.-BC, PBS, icde.eccect, ctber.
**'SFeci_`p prcpcsed activaticn date 41 other tan 'y_t:i date.
a
Page 3 of 13
nCpCS= SIOA.L C VZRL4,G-c AND C -A.N M aZLCCA:1C:TS--ccntinued
:TO. (if a-PpI4cab le)
15 proposing multiplil tiers of se nice, coapiete se^crate :cry J :or each
tier.
1. Broadcast :elevisico Channels
i
c. ':e_ecision brcaccast soma'-s prcpcsed :_r part-tfr.e co=_a;e.
_ i
Neo: ! Call !Brcadcast! Cable ! Prcpose_
- Cif ! Letters Cban=el ! C:.am=el (Actwatic= I i
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- 'e.g ate -cis: on:q, s�mmdicate-- p:cgr— black -cut :te:e, ae�crz: --
.,
F
'o= J Page A of 13
;. CpOS� SICINAL C�.� kGE X-D Cl..A.�T,M A: LOCATIO, S--continued
Sri .CE .s3 SO. (i. applicable)
N,'ezbrcadcsst C;aa: e-Is (does not include pa;: cable se---7ites)
a. Autc=atecl Pregra=_g (e.g., t�—e, weataer, news, sic -scan was,
socrts, stcc=ancet, et--.)
Ser:t:e ( Source ( Cable ( Ecurs Per ( F_cpcsed
I ( C`:aane_ ( 7a? (est.) (Act vat:cn :)ate*!
I
I,
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i
;:crceea act:vat=c= date otter ttan date.
3T
Form J Page 5 of 13
pROPCs= SIMNAL CAYR1A6c AND CP.r1Pi2v AI.LOCA NNS—cottinued
(if applicable)
2. Nonbroadcast C.amaels (does net include pay cable services)
b• :lcnautcr-a=e, Pr cgra=i=g
(1) Rece'_7ed Via Sate1l-Ite '
Service I Sou;ce ( Cable j Hours Per Proposed
( ( Ciaanel Day (est.) (Acti-7at;on Date*
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'Sped.y ercpcse: ac_i-;at_en dare otce_ tra= :.ate. -
Fora J rage 6 of 13
- PROPOSED S-GNAT CAR.°.I.AGE AND CEAUT EL ALiCCATIONS--Continued
SERVICE T ZER NO. (i- applicable)
2. Nonbroadcast Channels (does not include pap cable services)
b• Nonautcmated ?:cg:a==-'ng
(2) System cr'_g'_uated prcg:a r;ng (not via satelLte) includes prcgraa-
m.ng local_v procuco.4, purchased, leased or obtained fr= other
sources (e�c'_ c ng access).
Se:-7ice I Source Caole I Ecurs ?er P:erese
i I Cha�_el Da? (est.) IAct= a:1c. DateM
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*Soec__1-7 prc;csec actisa._cn dare i_ other than 'r.it_al date.
Form J Page 7 of 13
MPOSM SIGNAL CA -kTAGi A.'ND AUCCAIIONS (ccut.nued)
NO. (if applicable)
2. Nonoreadcast Charre-ls
c. Designated Access Cha=els (chan,ne.Is set aside for ncnoperator-origi-
hated local pregra--. =S)
_ i * Cable Ecurs Per Daq Prcresed i
T;-pe IC:iazmel I Ava' L-
a-e lAct,va:_cn Late**
i
It.g., puck, Icca, gcve —eat, ec :cat:ora;:, Iease c, c=pcs:te (.ist c
pcsite Uses), or an7 other specific al:ocat_ct: ccnte;plated.
•'Kpecify prepesed act:,vat;oc rate if of-er t`an _= t=al date.
Page 8 of 13
?tiCPOSr"7. SIVAL CARRL.kGL AND A=OCATi0V5 (continued)
S%R —V6CF :«3 10. (i° applicable)
3. Pav Cable Ser.7ice
a. Per cja :nel serrice
T-r7e* I Source I Cable. IEours Per Day, Proposed
n, amne_ Avai_ab le A.Ctiva ticm :ate** �
I
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*Scr esa_p.e, :i_s: Wcvtes, reg_cca; sports, c2zssic mcvies, etc
**SFeci'7 Frcpcsec activat:�cn date '__` other t�haa +—.i:ial da:e.
Porn J Page 9 of 13
no?cS= Sii;NAL CARISM G'n Ln ALLOCATIONS (coatiaued)
SiRC.CE :-R NO. (i` applicable)
3. ?av Cale Service
b. Per pr^g_a= service (i: applicable)
rrpe* Sou:ce , Cable, 'Pcurs{Per1Dav'��Prcpese^
Chase, Ava—able Acti7at_ctt ,.ate**
I
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*iar eaawple, :first-n.^ mevies, reg:ona'_ sperts, classic movies, etc.
**Specify proposed activ at=cn date L` other than initial Cate.
Form J Page 10 of 13
SMARY 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., i,'XYZ-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.
'har..ne? ; Description of C`ia—e-
No
—
3 I
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1�
1 ..
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1
7
1°
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—
35
36 f
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..��,.: .. ,.... •cvr,. n";'.,.r>t7'@.gsp... � ' _ ._... :�eenei eae�aacQ
.:.:. .._ _:.. _. ..,... ...... :. .; a _�,
Form J Page 12 of 13
?RCPOS� SiG�1Ai CARRIAG'c AND ALLOCA:ZONS (continued)
4. audio Se^ice
a. Broadcast Radio Stations (Au, FM, Shortwave and other frequencies)
(1) 'F.. brcad--aad [ I; or
(2) indi-7idua_17 processed signals [
Eours Per I?rcpcsed Activa—I Call
Format ' :)av (est.)l ticn ',",late*" I Let_ers City
i
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1
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(cott_=ued)
'For ecan::e, cc=t---7, rock, etc
_pe :? ;.:opcsed ac__va _ca date other t as i=itiaL Late.
Page 12 of 13
?. CPCS= S.G�A;. CAR-R AGZE AND ALLOCATIONS (continued)
Audio Se*"7ice (ccntinued)
a. Broadcast Radio Stations (AM, TM, Shor,aave and other frequencies)
(c�atiaued)
Feat* I flours Per IP_cpc9ed Activa-I Call I w
ray (est.)[ tics Date** I Letters I C'"7 !
_ f
_ I I
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I
*For a --.a.' :e, c.^==--7, rock, etc. ---
*w'S;e=:", prc.csed activat�-c= date if other t!:a: izitta: date.
0
Page 13 o: 13
rscPos� sLG,A:. cA_:Lxx"zcL AN'D Al'OCA:icNS (continued)
L. Audio Ser-,ice
b. Nonbrcadcast Audio Frograning
Fcr^at* flours Per Dal (est.) Proposed Activation Date**
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*:or e_ta=le, co=tz~, rcc:c, etc.
**Spec'? propose: act=vaticu date it other than iciti&: date.
r
row x: taut ncap" -MM,
�� 44
LOCAL
Yom K Page 1 of A
LOCAL n. CGRA1-_"ri2G
LOCAL MOGPk-! ?RCDCC_-1ON EQ1017" EN.", A."+`D FAC_LIEZES
Applicants should List all studio facilities and eeuipcent which v 11
be provided fcr local prcgran production. Alt:.cugh faci'_ities day be avail-
ahle to all classes of users. please ncte that access studics and equaraent
(listed cc page 2) are for n-7'_0r'_t use or access cha=el users, and should
exclude any facilities or e,u,pnect listed on page I.
Please indicate lccat:en of producticn faci_'ities and list make, =ode;
tu-her a=d -cur a�=rcxi=ate ecst for each piece or grouping of eq;:i;eent.
1. :.cca__g_ ' cr' '=attct Studio
a. Location (apprcx._._ate):
b. Size
c. Wl-'! this !acilit-7 also sere as an access studio? j ) yes ( ) no
Local Orig'_=alien Equip=ett List (p:cv_de =ake aid =cdel cumber*). :c
act include equir=e=t ava11able to access chlzanel users on an esc'_usive cr
pr:cri-? basis.
*It v' :1 be presu=e-? that e;u_, :e=t described or its equ:va:eat v::: be
pr-vtded. As a.- al:errat_ve, app.1_1ca=t :..ay prcv:de deta_ed srec___cat_cns
!cr such equ;pmeat.
Form K Page 2 of 4
ACCESS PRODUCTION EQUIPIMNT AND 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):
t. Size (a?proximate):
Z. L_st access equipment that will be made available to access channel users
on an exclusive or priority basis (provide make and model number and your cost).*
3. Explain maintenance policies and plaits for equipment that will be avail —
to access charnel users on an exclusive or priority basis.
44 F-x;lain plans for integrating existing production facilities in St. Paul
and the xetropolitan area in your overall access facilities plan..
`. Subw:t policies on your relationship to a cow unity access corporation
t%a: ea•: be reccgniced by the city to promote and provide access progra.:.ming.
E. Describe policies on your relationship to independent producers (purchas—
ing proS:aW.ning, e=ployment, etc.) working in the metropolitan area.
•:t will be presumed that equipment described or its equivalent will be
r o: _.led.
Fora K
Page 3 of 4
COt+*r-A- E T TO LOCAL ORIG=ATIO"I &n ACCSSS PROGR-A.`^rvG*
1. Operati=g Budget (include only salaries, benefits, ^a.'=tenamce of pro-
duction equipment, tape and fila stock, miscellaneous supplies and promotion):
a. First year S
b. Third year S
c. Fifth year S
d. Tenth year $
1. Sta:: Cc==-''tneat: Full-t'r:e Pa_.-t�.e
a. First year
b. Third year
C. Fi°:.. year
d. Te=th year
5. ccv man- par: -tine posit=o:s equal cne full person yea:?
K. drprcx_=te_y how racy hours per vee_K c: local cr.g_cat_c..
v—:l be presented by s;:stey operator? Do cot include autom.ater ^r '
access prcg:a—.':g, pay progra—'4g cr prcg_ -'ng received cia satel� e.��
A:so, do act include repeat shcvi gs c: a particu:ar prcgran.
a. P:cgr=--'=g prCd'ZCe= lccal:v by operator. hzs/veex
b. Prcg:R---' obtained :rc-- other sources. hrs/wee::
Total hrsiweef
S. What percectage o: c_erating budget listed above •�:?, be allocated to
access chazael preduct_cc assistance?
percent
*:-"is speci:ica?:y excludes prcgr a—'- obta;ned via satellite.
Form K Page 4 of 4
ACCESS CHANNELS AND ADMINISTRATION
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 PROGRA.`i:ING
1. Describe pans for funding, production and transmission of cinority
_ prcgramming, and plans for involving oinorities in research and decisionWak-
ing in lcc.al progracming.
(Y.inority program.:.ing is progra=ing that is "by and about" minorities
and is sensitive to the values, needs and concerns of the particular minority
group L.-hese perspective the program is intended to reflect. With the excep-
tion of lintjistic progra=irg, it should not necessarily be perceived as
"for m:ncrities only," in that programming oriented toward a specific target
e _er.ce ma• well bare a broader audience appeal. F:.rt;erWere, a Wircrity
progra.= 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.)
YCIN L: PION= "^..IS
Fora L Page 1 of 3
PROPOSED RATE'S
Rate Schedule: Consideration will be given to applicants with the most rea—
sonable installation and subscriber rate schedule that is at the sane tine
Justified in the financial.Lro for -ma statements by use of realistic levels
of penetration.
PrRICD OF RATIE S:A9II.IT1
1. Dces a;plicant guarantee that no changes in an-Y rates
oil: be made until the completion of system construction,
as indicated in FOrr H"'
I bes I to
(Autacr_zed S.:gna.;sre)
ot'her, please state.
2. List below proposed rate schedule for basic fcr basic subscriber ser—
vices, cc=ercial rates, Wultiple dwellings, etc. If different tiers and
ortiens are ____red, detail charges for specific tiers as designated in
Fcr--
.; .
Prcrese' '.aces :::ere_
By Ap^':cam.
Installa::C 'cr._..
i
Form L Page 1 of J
PRCPOSED RA='ES
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 Lro fora statements by use of realistic levels
of penetration.
PERIOD OF RA S ABIL1.I'^:
1. Does applicant guarantee t:;at no changes in an-: rates
w':1 be made until the completion of syste= construction,
as indicated in Fo.W F.'.
(authorized Sign atu.e)
:f other, please state.
2. List below proposed rate schedule for basic fcr basic subscriber ser—
vices, cc=ercial rates, multiple dwellings, etc. If different tiers and
optiecs a_�. _____ed, detail charges for specific tiers as designated in
c r=
t
Propose,--: Fates Cffere:
By ap^l:cazt ;
Installat_cn I Xcnth
i
Form L
Page 2 of 3
OTM RATES
1. I: deposit is required -or converter, state ancunt and describe condi-
tions :e:aticg to ownership, use, repair and replace=ent•
?a< Cable: teta'l proposed rates that wa11 be charged ,or pay cable
se^:'ces. laclude tharge, i ang, :or 1cck-cut devices and ega±p=ent '_ ta'--
:atic_. +tdicate whether charges are acathI7 or assessed on a ote-t' e
basis.
Form L
page 2 of 3
OTEER RATES
3. Studio and Equipment Usage
Describe studio and equipment usage rates for co=ercial and nonco=er—
cial users. include rates for such ser;ices as studio production time,
remote production ti=e, supervision and instruction, leased channel costs,
system playback costs, and editing costs.
Service to Gove:-cectal and Educational Facilities
a. Irstallaticn Fees:
(1) One cable outlet (per facility) $
(2) Xcre thlan one outlet (per facility) $
b. Mcnth_y Rate $
5. Advertising
tescr_be or. separate page all propcsed advertising policies.
6. Cther Elates cr ?clicies Not Mentioned Above.
7. offering a t::c—way interactive channel on the basic subscriber syster
(Cable "A") for lease as desired' by the city, describe your rates for leasing.
S. Describe :aces for designated leased video channe:.
a =
lo;Li: I!: L%MLC?:A: PBnC: C$S
Form w
Page 1 of 1
e-IPLOT.. M;T PRACTICES
1. Present plans for compliance With all federal, state and local laws per—
taining to discrimination, equal opportunity employment programs and affir--a—
tive action programs. Include your policies on hiring and utilization of
W:ncrities in job training, management, engineering, search committees, an—
nouncing and :filling job vacancies and contracting policies.
w
2. Zescribe policies on using union labor for system construction, opera—
•ior. and!or =ainterance.
POIL4 X: x"SC.c l-MIiECCS
_c.r �• Page 1 of 1
MISC—z, ."ITEOUS
?1 ease' br=e=lv su==ari=e any el a=eats of the proposal which have not
been adequately ccvered in other parts of the application fcrxs.
Anticipate' f•,;ture deve-Ioraents slay be discussed, but shculd c'_ea:ly be
lee- as such. Please limit resrorses tc arrrcx'rate: 5 pages.
APPENDIX II
CITY OF MIAMI CABLE TELEVISION
REGULATION ORDINANCE
JJC/wpc
io/21/60
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION,
OPERATION, REGULATION AND CONTROL OF CABLE
TELEVISION SYSTEMS WITHIN THE MUNICIPAL
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 County; and
WHEREAS, the City Commission wants to provide for the order-
ly developnent of Cable Television in the City of !9iami for the
enjoyment, education and protection of the citizens of the
City of Miami;
NOI., THEREF^FE, BE IT ORDAINED BY THE COMMISSION OF TFF
CITY OF MIAMI, FLORIDA:
Section 1. SHORT TITLE. This Ordinance shall be known
and may be cited as the "City of Miami Cable Television Regulation
Ordinance". l/.
Section 2. DrFI':ITIONS. For the purposes of this Ordinance,
the following terms, phrases, words and their derivations shall
have the meaning given herein, unless the context clearly indi-
cates that another meanina is intended. When not inconsistent
with the context, words use] in the present tense inC!lu e the
future, worms in the plural numbt,_r include the sinaular number,
and words in a singular number include the plural number. The
word "shall" is always mandatory and not merely directory.
A. CABLE TELF%'ISIO!; SYSTE'", - 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 prograr-
ming, and to redistribute such signals to members of the public
who subscribe thereto or to whom redistribution of such sionals
is required by this Ordinance, by means of wires, cable, con-
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 SUBSCRIBER SERVICE 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
signals;
(3) The transmission of the local eriainatior.
channel signals;
(4) The installation and re -connection of sn'.,-
scriber service outlets.
(5) Any such other programming as may be pro-
vided for in the License.
C. AUXILIARY SEPVICES - Any communications service
in addition to "basic subscriber services" including but not
limited to pay T:, burglar alarm service, data transmission,
facsimile service, home shopping service, etc.
D. CABLECASTIN", - Programmina (exclusive of broad-
casting signals) carried on a Cable Television System.
(1) ORIGIKATIO': CAPLECASTINO . Programring (ey-
elusive of broadcast signals) carriec on a Cable Television.
System over one or more channels and subject 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 channels.
(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 USERS, for which
the system shall maintain and have avail-
able for public use at least the minimal
equipment and facilities necessary for
the production of programming fDr such
a channel.
(b) EDUCATION ACCESS CHANNEL
A specially designated channel for use by
local educational authorities at no charge
to users.
(c) LOCAL CnVERN'•iEN; ACCESS CHA':,:EL
A specially designated channel for loci'_
government uses at no charge to users.
(d) SPECIAL ACCESS CHANNEL
A channel that is dedicated to a specific
organization, institution or community
interest group at no charge to users.
(e) LEASED ACCESS CHANNEL
Portions of the s:'=_tem's nor,broadcast band-
width including unuse,� portions of the -
specially designated channels for lease3
access services.
E. CHA,:,:EL - A ban of frequencies 6 megahertz Wide
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 COMI!ISSION - The City Commission of the City
of Miami, Florida.
H. CITY MANAGER - The City Manager or person desio-
nated by him to act for his office in administrative matters 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 COMMUNICATIONS COMMISSION 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 Staten Congress.
K. 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 to subsequent ordinance.
L. LICENSEE - Any person or company, including af-
filiates or subsidiaries to whom permission is granted by the
City to operate a Cable Television System within the City pur-
suant to subsequent ordinance.
r;. LICENSE APEA - That portion of the License Entity
for which a License is granted under the authority of this Ordi-
nance or by subsequent ordinance.
N. LICENSE AUTHORITY - The City Commission or any
person or board designated by the City Commission.
0. LICF',SE ENTITY - The City of Miami, Florida, as
presently constituted including any area henceforth added during
the terms of any License granted.
P. LICENSOR - The City of r;iami, Florida.
Q. GF !OSS RF%'P,",E - Any ar.d all compensation, in
whatever form, exchange or otherwise, derived from all cable
services within the confines of The City of Miami, including,
but not limited to, revenues from subscriber rates, pay cable,
advertising, leased access channels, and installations, con-
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 STREET - 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 TRANSP;ISSION 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 EDUCATION AUTHORITIES - Those individuals,
groups, organizations or governmental entities accredited by the
State of Florida which provide primary, secondary or college
level education, public or parochial, within. the Cit,.
Section 3. Nn`• EX-I.USIVE LICPZ5E. Any License grante_: !y
the City of Miami pursuant to this Ordinance ana subsequent
Ordinance shall grant to the Licensee the right and privilege t-)
erect, construct, operate and maintain in, upon, along, across,
above, over and under the streets, alleys, public ways an'
public places no.: lai. out or dedicate and all such extensions
thereto ani additic7,s theretr in the City, all necessar•: wires,
cables, conduits, con.:uctors and fixtures for the maintenar..c
and operation of a Cable Television System for the interception,
sale, transmission ae distribution of television; programs any
other audiovisual electrical sinna1" a^ t'.e rig!;t to trars•-:t
same to the inhabitants of the City on the terms and conditions
hereinafter sct forth. The right to use and occupy saki streets
for the purpose herein provide: shall not be exclusive and the
City of IF;iami expressly reserves the right to grant a simila-
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. TERM.
A. The term of any license granted by the City L_
Miami 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 preview 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 Licensee shall pay to the City
a sum equal to five percent (5%) of the total gross annual reve-
nues of the Licensee from all sources in the City whit`: sup, shall
be paid quarterly as provided in the ordinance gratin; the
license. Licensee shall cooperate with and assist the Cit•,. 1-:
seeking any waivers necessary for obtaining a fee in an ar;ount
higher than three percent (38). The license fee may be subject
to renegotiation at a higher percentage rate at such tine as
laws and regulations permit.
Section 6. RIGH S SUBJECT T,? POLICE POVERS, In accepting
a license, each licensee acknowledges that its rights hereun.-r
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 coni.ly wit':
all applicable general laws ant: ordinances presently in force cr
subsequently enacted by the City pursuant to such power.
Section 7. APPLICATION PROCEDURES.
A. This Ordinance itself grants no authority to
operate a Cable Television System 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 complies: cr
stated it will comply with the provisions of this ordinance.
B. Any person or company interested in obtaining
license to operate a Cable Television System in Miami shall sub-
mit a non-refundable application fee of Ten Thousand Dollars
($10,000.00) and a written applicabtion to the City which cu,,-
tains the following information:
6
(1) The name, address and form of business of
the applicant. If the applicant is a corporation, it shall also
State the names, addresses and occupations of its officers and
directors, and the names and addresses of any parent or subsidiary
companies. If applicant is a corporation controlled by another
corporation, the names, addresses and occupations of the officers
and directors of the controlling corporation shall also be stated.
If the applicant is a partnership or other unincorporated associa-
tion, the name and address of each member, active, or inactive,
shall be set forth, and if one cr more partners are corporations,
the names, addresses and occupations of such corporation's offi-
cers and directors shall also be stated.
(2) A list of all other Cable Television Systems,
if any, in which the applicant has a substantial interest, statin-,
the location, approximate number of homes served, and the name
and address of the local licensing body.
(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 bcth installation and monthly
service and a copy of the proposed service agreement between
the applicant and its propose- subscribers if any.
(5) A full disclosure cf, all agreements
and understandings, whether written, oral, or implied, between
the applicant and any other person with respect to the proposed
license or the proposed cable television operation. If such a
written agreement exists, a copy 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 system and a financial statement prepared
7
[[F4�
4
1
in a form satisfactory to the City t4anager 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 Manager shall at any time 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 City Manager until a publication of intention to award
such a license has been authorized by the Citv Connissir)n solicit-
ing the filing of applications. The City �'anager shall
specify a date for a public hearing before the Commission. After
a hearing, the City Commission shall award a license base:; upon
its findings as to the qualifications of the applicant to render
satisfactory Cable Television Service. The City Commission's
decision on all arl-lications shall be final and conclusive. The
City Commission has the right to waive acy irregularities ir, the
application or re3ect all applications.
Section E. LI�'ITATIONS.
A. A Licensee shall, at all times during the life cf
its license, be suh,!ect to the lawful exercise of the Licensce's
police power anti such reasonable regulations as the CJ-tv
or City Commission may subsequently pro^)ulaate. Nothing'. containc-4
in this Ordinance shall be deemed to prohihit in ary the right
of the Licensor to levy non -discriminating occupational licer.sc
taxes on any activity conducted by the Licensee.
E. All privileges prescribed by any license subsc•-
quently granted shall be subordinate to any prier lawful occu-
pancy of the public streets, and the Licensor reserves the right
to reasonably designate where a Licensee's facilities are to b:
placed within the public rights -of -way.
C. A license shall be a privilege which is personal
to the original applicant. This license shall not be assigned
8
or transferred, either in whole or in part, or leased, sublet, or
mortgaged in any manner, nor shall title thereto, either legal
or equitable, or any right, interest or property therein, pass or
vest in any person without the prior approval of the City
Commission expressed by ordinance. The proposed assignee must
show financial responsibility as determined by the City and must
agree to comply with all provisions of the license.
D. The company shall promptly notify the City of any
actual or proposed change in, or transfer of, or acquisition b..-
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, transfer, or
of control of the Co~ipany shall make the license subject tc can-
cellation unless any until the City shall have consenter 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 qualifi-
cation of the prospective controlling party, any the Company shall
assist the City in anv such inquir:. Kothinc container. herein
shall attempt tc limit the transfer of stock of any Licensee
whose stock is traded on recognized stock exchanges and under the
control of the Security Exchange Cor•,rission or similar bodies.
E. The consent rr approval of the City t: any assion-
ment, lease, transfer, subleasc, nr r-rtaace of a license
granted to any Licensee shall not constitute a waiver e_ re-
lease of the rights of the City in and tc the City street=.
F. 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.
G. The City Commission reserves the right to revie.:
the purchase of any transfer or assignment of any system, and an"
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
a
fate 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.
H. Nothing herein contained shall be deemed to impair
or affect the right of the City to acquire the property of the
Licensee, either by purchase or through the exercise of the right
Of eminent domain, at a price reflective of its fair market value
as an ongoing concern or as otherwise provided herein, and nothing
herein shall be construed to constitute a waiver or bar to the
exercise of any governmental right or power of the City.
Section. 9. CAP1,F TELFVISIO!: SYSTF'' INSTALLA.7I01:.
A. All Cable Television Systems shall be located
so as to cause the minimum interference with the proper use rf
streets and the property a,ijoinin•, the streets an.i stall n .
interfere with any gas, electric or telephone fixture, N:atcr
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 am tear excepter, 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 assesse
and pay the cost of restoration or maintenance.
B. All wires, cables, anplifiers, and other property
shall be constructer an installer in an ordcrly and workmanlike
manner. All cables an, wires shall be installer parallel tc exiFt-
ing telephone an3 electric wires whenever possible. M-,1ti;.le cable
configurations shall be arranged in parallel and bundler with duc
respect to engineering and safety considerations. All installa-
tions shall be underground in those areas of the City where public
utilities providing both telephone or electric service are unier-
ground. In areas where either or both telephone and electric
utility facilities are above ground at the tine of installaticn,
the Licensee may install its service above ground with the under-
standing that at such time as both facilities are required to be
placed underground by the City, the Licensee shall likewise place
its service underground without cost to the City or the residents
10
bf the City 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
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 Licenser or other Licenses.
E. The Licensee shall at all times keep an: 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, support,
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 ccr.structicn,
change or establishment of street grade, installation Of sewers,
drains, water pipes, power lines, signal lines, or an% other
type of structures or improvements by the City or for other good
cause. If Licensee fails to do so, the City may cause the neces-
sary work to be completed and Licensee shall be assessed and
pay the City the cost thereof within ten (10) days of receipt
of an itemized account of such cost.
G. Upon termination of services to any subscriber,
the Licensee shall, upon request of the subscriber, promptly
remove its facilities and equipment from the premises of such
subscriber, provided however that nothing contained her-,ir.
shall be deemed to require the Licensee to remove any of its
11
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 require
such payment in advance. The Licensee shall be given not less
than forty-eight (48) hours advance notice to arrange for such
temporary wire changes. This provision shall not apply to requests
by the City for which movement there shall be no charge by Licensee.
Section 10. TE V;1CAL STA':DAF.DS .
A. llethoa,s of constru; tion, instal laticn, an3 malnte'.-
ance of the Cable Television Syste•, shall co:-;_ly with the
Electrical Safety Code, National Electrical Code of 1975, National
Bureau of Standards Handboo}; 81 (Part 2), or other applicable
Federal Regulations as amended to the extent that sich Codes or
Regulations are consistent with local law affecting the construc-
tion, installation, an-- maintenance of supply an-4 comm-inicationF
lines. To the extent that such Coe or Codes or arc -
inconsistent with other provisions of this Ordinan, e or v:it'n loco.
law, the latter shall govern.
B. Anv tower constructer for use in the Cade Tele-
vision Systen shall comply with the standarr.s container in Str;:c-
tural Standards for Steel Antenna sowers any Antenna Surportin-
Structures, EIA St3ndar_4s RS-222-A as amended a= publishe-3 by
the Engineering Department of the Electronic Industries Associa-
tion, Washington, D.C.
C. Installation and physical dimensions of any tower
constructed for use in the Cable Television System shall comply
with all appropriate Federal Aviation Agency regulations inclu-
ing, but not limited to, Objectives Affecting Navigable Airspacc,
14 C.F.R. 77.1 et seq. February, 1965, as anende-4.
D. Any antenna structure used in the Cable Televisicr.
System shall comply with Construction Marking and Lighting of
Antenna Structure, 47 C.F.R. 17.1 et seq., September, 1967, a
amended.
12
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 Occupational Safety and Health Administration, 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
local technical standards substantially similar to FCC regulations,
with regard given to changes in the state-of-the-art.
G. The Licensee shall fully comply with the rule -
and regulations contained an3 promulgated within this crdina:.cc
and all other City ordinances or resolutions which apply to the
operation of Cable Television Systems, as amended.
H. Stray radiation (Rf leakage) shall be measured
adjacent to any proposed aeronautical navigation radio sites to
prove no interference will occur to airborne navigational recec-
tion in normal flicht pattern.
Section: 11. CONSTRUCTION TIMETABLE. Service shall be made
available to One Hundred percent (100%) of the City within three
(3) years from the date of the passage of the ordinance awardinc
a license or such shcrter period as recuirec by the ordinance
awardina a license. After service has been made available to anv
particular area of the City, the Licensee shall, within thirty
(30) days of a recuest, furnish service to any person or entity
requesting service.
Section 12. RIGHT TO INSPECT. The City through its repres-
entatives may inspect the Cable Television System during construc-
tion. After completion the City shall have the right to inspect
the Cable Television System at any time.
Section 13. CONSTRUCTION BOND.
A. Licensee at its expense shall maintain in effect
for a period of five (5) years or until completion of the Cable
Television System, whichever is longer, a corporate surety bond
13
with a company satisfactory to the City and in a form approved
by the City Attorney, in the amount of one Million Dollars
($1,000,000.00), conditioned upon the faithful performance of
Licensee's duties under this Ordinance or subsequent resolutions
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 and 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
bond policy shall contain a provision that the City shall be
notified in writing not less than 90 days prier to its cancella-
tion. The bony p-licy shall b- file: with the City Clem:.
B. As an alternative to providing a constrli-ticr.
bond as set forth in the preceding section, a Licensee may re-
quest permission fron the City Manager 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. LF_TTEF 01' CFEI_)I':.
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 institution in Dade County in the amount of $100,000.00.
The form and content of such letter of credit shall be approves
by the City Attorney. The letter of credit shall be use: t-) in-
sure the faithful performance by the Licensee of all cf
the license; and cor7pliance with all orders, permits an-4 dire-
tions of any agency, commission, board, department, division, cr
office of the City having jurisdiction, over its acts or defaults
under the license, and the payment by the Licensee of any claims,
liens and taxes due the City which arise by reason of the con-
struction, operation or maintenance of the System..
B. The letter of credit shall be maintained at
$100,000.00 during the entire term of the License, even if
amounts have to be withdrawn pursuant to subdivision A or C
of this section.
14
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 ten
(10) days, any damages, costs or expenses which the City is com-
pelled to pay by reason of any act or default of the Company in
connection with the license; or, fails, after three (3) days'
notice of such failure by the City to comply with any provision
of the license which the City reasonably determines can be rene-
died by demand on the letter of credit, the City may immediatel,.
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 anount and date
therecf.
D. The rights reserved to the City with respect t
the letter of credit are in addition to all other rights of the
City, whether reserved by the license or authorized by law, an --
no action,, proceeding or exercise of a right with respect to sup'%
letter of credit shall affect any other right the City may have.
E. The letter of credit shall contain the followinc
endorsem_nt:
"It is hereby understood and agreed that this
letter of credit may not be cancelled by the
surety nor the intention not to renew be exor-
cised by the surety until sixty (60) days
after receipt by the City, by reyistere3 nail,
a written notice cf such intention, to cancel
or not to rene�.. "
Section 15. LIABILITY - INDEMNTFICATI0': - INSURANCE.
A. The Licensee shall hold the City harmless and
shall pay any and all damages which the City may be require: to
pay as a result of granting any right and/or authority hereunder
or under any subsequent resolution or ordinance, including but
not limited to, damages arising out of copyright infringement a ::
damages arising out of the installation or operation of Licensee's
Cable Television System whether or not any act or omission co—
plained of is authorized, allowed or prohibited by the License
15
grant. The Licensee shall pay all reasonable expenses incurred
by the City in defending itself with regard to claims 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
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 Lia:�ility Policy in the anoints
of nDt less than $1,000,000.00 Bn,a141 • Iniury Coverant, an•:
$1,000,000.00 Property Damage resulting, fro7 any one occurrence.
The City of Miami shall be named as an additional insure.
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
thar. $100,0001300,000 for bodily injury an4- $100,000 property
damage.
E. The Licensee shall maintain statutory workmen's
compensation insurance.
F. All insurance reouired above sha21 he issue: in
companies authorized to do business under the Laws of tht= Statc
of Florida and be countersigned by a Local Insurance Agent cr
Broker doriciled in Dade County, Florida. The minimum qualifi-
cations as to management and financial strength of the ins-r-
ance companies are to be rated a minimum of Capital A: Class
X, or above, in accordance to Best Key Rating Guide, Latest
Edition. Certificates of Insurance providing evidences of the
above coverages shall be furnished to the City's Risk Mananement
Division of the Finance Department with copies filed with the
City Clerk's Office.
Section 16. CONTINUOUS REGULATORY CONTROL - AMENDMENT-
ADVISORY BOARD.
A. The City shall have continuing regulatory jurisdic-
16
tion and supervision over the operation of any license granted
And may from time to time adopt such reasonable rules and regula-
tions or amend the license in any manner that the City may deem
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.
' E. 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 custon-
ers more effectively, efficiently and cconemicall,•.
C. Reevaluation sessions may be held b:• the City
_ Commission at anv 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, applicatior, of ne•:
_ technology, system performance, services provide.:, programming
--
offered, customer complaints, amendments to this ordinance, under-
_ grounding progress, and judicial and FCC rulings.
D. The City Commission if it so desires shall have
the authority to establish and aproint a Cable Television
ory Board consisting of sever. (7) members who shall serve fcr
two year terms. Such board's duration shall be at the pleasure
==
of the City Commission. The board would advise the City Cocci=-
sion on Cable Television and may have the responsibilities any
duties as determined by the City Commission.
_
Section 17. REGULATORY AUTHORITY OF THE LICENSEE. A
Licensee shall have the authority to issue such rules, reaula-
tions, terms and conditions governing the conduct of its business
that may be reasonably necessary to enable the Licensee to exer-
cise its right to perform the obligations under the license and
to assure uninterrupted service to its customers. Thsn r»lec,
e
regulations, terms and conditions which may be adopted by a
17
Licensee, however, shall not be in conflict with the provisions
of a Cable Television license or amendment thereto, or other laws
and ordinances of the City, the State of Florida or of the United
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 disaFprove in whole or in part any regulation,
rule, term or condition issued by a Licensee. Such disapproval
shall be done only after the holding of a public hearing by the
City Commission. The Licensee shall be given seven (7) days
prior written notice of such hearing.
Section 18. FP.EF CQN:,FCTIOt:S FOR PUBLIC BUILDING'S. All
public buildings shall be connected to the Cable Television Sys-
teri at no charge. R(2 utStS f::. Service s`Iail be initiate
authorize: local government officials. For planning parposest
one service drop per facility should be anticipated at the City
Hall, the Police and Fire facilities, the City Administration.
Building, the Co.irt louse, at all city parks, the Little Havana
Community Center, the city da}• care centers, all public schools,
all county, state an.: federal r,•i:_Ilic facilities, and any other
public buildings sjbse .,ently desicnate.: b.: resolution, of the
City Commission. If more than one drop is required (per
facility), the ctaree should be based on company's costs of
time and materials. t:^ monthly charges shall be made for provid-
ino basic subscriber services to public buildings, as enumer-
ated above.
Section. 19. SUBSCRIHEF RATE SCHEJ:LE.
A. Initial rates and charges autho)rized for service
under any license subsequently granted shall be set forth in the
ordinance granting the license.
B. Initial basic subscriber rates shall be effective
for a minimum of two (2) years from the date of commencing opera-
tions or until Licensee has completed all construction as indi-
cated in its construction timetable, whichever is longer.
C. There may be added to any authorized charges an}
applicable gross receipts, sales, service or other similar taxes,
18
if Shy, but such added charges will not include the license fee
Sid use taxes.
D. A Licensee may refuse to furnish or discontinue
furnishing Cable Television service to a subscriber who fails to
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
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 na:._ on
a non-discriminatory basis for promotional purposes.
- Section 20. CHAN:;ES TO FATE SCHEDULE - PROCEDURE -
APPROVAL.
A. A Licensee may petition the City Commission for
a change in rates by filing a revised or amended rate schedule
which must include its justification for said propose: ne:,
schedule.
B. The City Commission may call for a public hearing
within sixty (60) days of receipt of the petition which hearing
shall be held within sixt,,, (60) days of receipt of said notice.
The Licensee, within ter: (10) days of n�)tificatien by thy= C_ ,
Commission of the place an4 time established for a hearing on the
petition, shall notify its subscribers of the day by announce-
ment on at least two channels of its systems, between the hours
of 10:00 A.M. and 9:00 P.N.., which announcement shall be nade
at least twice each day for five (S) consecutive days, one of
which times must be between 6:00 P.M. and 9:00 P.M. If the City
Commission does not set a date for the hearing on the petition
within sixty (60) days after receipt of the Licensee's petition,
or if the City Commission takes no affirmative action by either
denying or approving the proposed rate changes within one hundred
19
eighty I180) days following receipt of Licensee's petition, the
proposed changes shall be deemed approved.
C. The criteria for the City Commission decision in
such matters shall be establishment of rates which are "fair and
reasonable" to both the Licensee and its subscribers and shall be
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.
D. A Licensee's petition for rate increase shall
include in the following financial reports which shall only
reflect the operations of. the City of Miami Cable Television
System.
1. Balance Sheet.
2. Income Statement.
3. Cash Flow Statement.
4. Statement of sources and applications of funds.
5. Detailed supporting schedules of expenses,
income, assets and other items as may be required.
6. Statement of current and proDected 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
financial condition of the Cable Television SysteF.. All finan-
cial statements shall be certified as accurate br an officer cf
the Licensee.
E. The City shall have access to Licensee's record=
of financial transactions for the purpose of verifying burden
rates or other indirect costs prorated to the City of Miami
operation.
Section 21. QUALITY OF SERVICE. The Licensee shall pro-
duce a Cable Television System that shall be as goof as the
state of the art allows accompanied with comparable quality
audio on typical standard production television sets in good
20
repair. The Cable Television System shall comply, to the extent
required, with the applicable technical standards specified by
the FCC and contained in Subpart K of Part 76 CFR of 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 OF SERVICE.
A. In the event that service to any subscriber is in-
terrupte,i for 48 or more consecutive hours, exce_)t fcr acts c'
God, reasons beyond the control of the License, an except i::
circumstances for which prior approval of the interruption is
obtained from the City, Licensee shall provide a twenty percent
(20%) rebate of the monthly fees to affected subscribers upon
the subscribers' request.
E. In the event that service to any subscriber iF
interrupted for 72 or more consecutive hours, except for acts of
God, reasons beyond the control of the Licensee, any exec,," in
circumstances for which prior approval of the interruption is
obtained from the City, Licensee shall provide a one hundred oer-
cent (100i) rebate of the monthly fees to affecte3 subscribers
upon the subscriber's rejueF�.
C. In cases where service is interrupted due to acts
of God, subscriber service charges shall be suspended fron 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 interrupte3
service, said time shall begin when a complaint for interrupted
service is received by a Licensee.
Section 23. LOCAL SUBSCRIBER SERVICE - COMPLAINTS.
A. Licensee shall maintain a local business office
within the City to provide safe, adequate and prompt service
21
to City subscribers which office shall be open during usual
business hours. Licensee shall have a listed local telephone
number so that complaints and requests for repairs or adjust-
ments may be received at any time. All subscriber complaints
regarding quality of service, equipment malfunctions 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 keep a record of and investigate
all complaints from subscribers. Such records shall identi'y the
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 con-
plaint records of the Licensee. Upon request from the City, Licen-
see shall, within seven (7) days after receiving such request,
send a written report to the City with respect to any complaint.
The report to the City shall provide a full explanation of the
investigation, finding, and corrective steps taken by the
Licensee.
C. Vhere subscriber complaints have not been re-
solved within two (2) business days, as provided in Se-tion
23(A), the City tanager or his designee is empowered, among
other things, to adjust, settle or compromise any controversy
arising frozi operations of the Licensee in accordance wit~ the
best interest of the public. In cases where requests for
service have been ignored or unfilled for 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 aggrieve-
by a decision of the City Manager may appeal the matter to
the City Commission for hearing and determination. The City
Commission may accept, reject, or modify the decision of the
22
It
City Manager, and may adjust, settle or compromise any
controversy arising from the operations of the Licensee under
any license granted pursuant to this ordinance. No adjust-
ment, settlement, or compromise, whether instituted by the
City Manager or by the City CoMTIiSsion 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. SUBSCRIBF.P PRIVACY - USE CF DA77,..
A. The Licensee shall not initiate or use any forr,
procedure, or device for procuring information or data from su!--
scribers' premisesby use of the Cable Television System without
_ prior valid written authorization from each subscriber so affecte-.
Valid authorization shall mean written approval from the subscrib-
er. Said authorization shall not have been obtaine4- from the
subscriber as a concition of service. Further, it shall be unla•,-
ful 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 right an:: opportunity to deactivate the return path frog the
subscribers' premises. Nothing herein contained shall prohibit
the company frorr utilizing the upstream path to verify the intec-
rity and performance of the Cable System.
B. The 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 authorization for procurement or dissemination
of subscriber identifiable information or data shall be valic
unless it does the following:
23
(i) Specifies the type or types of information
or data covered; and
(2) Identifies the parties authorized to collect,
receive, store, record, _ransmit, 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 preserved
in any manner or form.
D. A written copy of all subscriber identifiable in-
formation or data which is retained and/or disclosed and the dis-
position 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 cf
procurement. Further disclosures shall be fully detaile-' ir.
writing to the affecte subscriber within thirty (30) days of
such disclosure.
Section 25. DISCOta:-CTIot:. :here shall be no charge for
disconnection of any installation or outlet. If any subscriber
fails to pay a properly due monthly subscriber fee or any other
properly due fe« or charge, the Licensee may disconnect the s,:b-
scriber service outlet, provided ho..ever, 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 ter: (10)
days written notice of the intent to disconnect deliverer to t`e
subscriber in question. I'. a subscriber pays within forts-fivt
(45) days after payment is due an after notice_- of disconnection
has been given, the Licensee shall not disconnect. After discon-
nection, upon payment in full of the delinquent fee or charge and
the payment of the reconnection charge, a Licensee shall promptly
reinstate a subscriber's cable service.
Section 26, NO?; DISCRIMINATION.
A. A Licensee shall not deny service, deny access,
or otherwise discriminate against subscribers, channel users, or
general citizens of the City on the basis of race, color, religion,
ancestry, national origin, age, sex, marital status or physical
or mental handicap.
24
B. A Licensee shall strictly adhere to the equal employ-
ment opportunity requirements of the FCC as expressed in Section
76.13(h) and 76.311 of Chapter I cf Title 47 of the Code of Federal
Regulations or as subsequently amended.
C. A Licensee shall comply at all times with all other
applicable federal, state and city laws, and all executive and
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-TA';PEPING - PENALTY.
A. It shall be unlawful for any person, firm or cor-
poration to do any of the following:
(1) Hake any unauthorize connection, whether
physically, electrically, acoustically, inductively or otherwise,
with any part of a Cable Television System within the City for
the purpose of taking or receiving television signals, radio sio-
nals, pictures, programs, or sounds; cr
(2) 6;ake anv unauthorized connection, whether
physically, electrically, accoustically, inductively or otherwisc,
with any part of a Cable Television System within the City fcr
the purpose of enabling himself or others to receive any tele-
vision signal, radio signal, picture, Frograr^ or sound, without
payment to the owner of saic syster.; or
(3) willfully tamper with, remove or inDure an
cable wires or equipment used by a Licensee within the City fcr
distribution of television signals, radio signals, pictures, Fre-
grams or sound, without the consent of the owner of said syste-.
B. Any person, firm or corporation violating the pre-
visions of this section shall upon conviction, be fined not more
than five hundred dollars (S500.00), 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 both fined and imprisoned.
Section 28. CONTINUITY OF SERVICE.
A. Tli. Licensee wall provide continuous service to
all subscribers in return for payment of the established fee.
25
B. If the Licensee overbuilds, .rebuilds, modifies or
tells the system, or if the City revokes or fails to renew a
license, or if the City elects to purchase the system, the Licen-
see shall continue to operate the system until an orderly change
of operation is effectuated. In the event the Licensee fails to
operate the system for five consecutive days without first ob-
taining prior approval of the City Commission, the City 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, additiona:
television from other parts of the country, national and local
news and weather. Further, the Licensee shall make available at
least one Public Access Channel, two Educational Access Channels,
two Government Access Channels, and one Lease Access Channel.
B. Additional channels to be made available as required
by the ordinance grantin-: a Cale Television License.
Section 30. F.'".ER.GENCY OVERRIDE AND ALAR" SYSTE!'S.
A. The Cable Television S%,stem shall include an
"Emergency Alert" capability which will perrit the Nayor cr
the flayor's desionated representative tc remotely override
the audio of all channels involved in retransmission of tele-
vision broadcast programming or to allow for video crawl over
all channels.
B. The City may install on the Cable Television. System,
at its expense, without charge by the Licensee, any equipment nec-
essary for a fire, police or other alarm system if the equipment
conforms to the standards imposed on Licensee and does nDt inter-
fere with operation of the Cable Television System,.
Section 31. STANDBY POWER. The Cable Television Syster.
operator shall maintain equipment capable of providing standby
powering for headend transportation and trunk amplifiers for a
minimum of two hours. The equipment shall be constructed so as
26
to automatically notify the cable office when it is in operation
and to automatically revert to the standby mode when the AC
power returns. All utility safety regulations must be followed
to prevent a standby generator from powering the "dead" utility
line with possible injury to an unwitting lineman.
Section 32. INTERCONNECTION. The Licensee may be required
to interconnect its system with adjacent and contiguous communi-
cations facilities. Such interconnection shall be made within
the time limit established by the City. The interconnection shall,
at the City's discretion, be accomplished according to the method
and technical standards determined by the City.
Section 33. TECHNOLOGICAL IMPROVEMENTS TO SYSMI. At such
time as technological advances shall become available tc the
industry ana shall be considered necessary anc desirable by t`.c-
City, the negotiations 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 rebuild-
ing of the system shall be accomplished so as to preclude inter-
ruption of service under this license and shall be subject t^
the approval of the City Manager.
Section 34. ANNEXA-IIDN. Upon the annexation of any ne.:
territory by the City of 16iami, the portion of the Cable Tele-
vision System that may be located or operated within such terri-
tory, any the streets, alleys, or public grounds thereof, s,a:l
thereafter be subject to the terms of this Ordinance as thou'.
it were an extension made thereunder. Should the annexed area
not be served by a Cable Television System, the Licensee shall
- furnish service to that area within one year after a request has
been made for service to that area by the City.
Section 35. ANNUAL REPORTS 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 following:
(1) A summary of the previous year's activities and
development of the system, including but not limited to, services
begun or dropped and subscriber gain or loss.
27
(2) Copies of the financial statements audited by
A Certified Public Accounting firm including the Licensee's
Balance Sheet, Income Statement and working papers relating to
subscriber accounts within the City.
(3) A current statement of costs of construction.
(4) A list of officers and members of the boar
of directors of the Licensee and the parent corporation, if any.
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 ma}:e all such records available for audit at one office
of the Licensee in Dade County, Florida, an? Licensee shall pro-
vide space and office facilities, excluding personnel, reasona::l•.
necessary for s.;ch audit. Alternatively, Licensee Tna-Y at
its sole option, to pay travel expenses, meals and lodging, and
ether reasonable expenses of the auditor chosen by the City, to
make such inspection and audit at the various offices within the
United States or Canada, wherever such records are located,
Section 36. `FILItiGF l•,'ITF. ANY FEDERAL OF. STA-E AI.FNCIcc.
Copies of all petitions, filings, reports anc correspondence file::
with any Federal or State Agencies shall be file: concurrenti.,
with the City Clerk.
Section 37.�IDENTIFICATION CARDS. All Cable television
employees shall bc_ required tc carry an identification ca.-3 and
present sane to any subscriber upon re.uest when providing ser-
vice to subscribers.
Section 3E. FE'_,LTIES. For the violation, of any of the
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 approve
the delay by motion or resolution due to the occurrence of con-
ditions beyond Licensee's control, Licensee shall nay Two Hundre
28
--NOW
-�:
Dollars ($200.00) per day for each day, or part thereof, if the
deficiency continues.
B. For failure to 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. Forty-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 Hun3re Dollars ($200.00) per day for each da,:,
or part thereof, that such non-co.m.pliance continues.
D. For failure to provide access channels an: the
necessary equipment and staff to activate then as provides in the
ordinance granting the license, the Licensee shall pay Two Hundrec:
Dollars ($200.00) per day for each day, or part thereof, that such
non-compliance continues.
E. For failure to provide in a continuing manner the
types of services proposes in the accepted application, the Col-
pang shall pa; Two F'.un, re:: Dollars ($200.00) per dal fcr eac`: sa,,
or part thereof, that each non-compliance continues.
Section 39. TER'•:IN.ATION - CITY'S RIGHT TO ACQUIRE OF. 71-1
TRANSFER. 0V.*NKRSHIF.
A. A license may be terninated prior to its expira-
tion if the City Commission finds after public hearing helc on
thirty (30) days notice of such propose ternination, that an
of the following has occurred:
(1) A Licensee has failed to comply with, or b•.•
act or omission, has violated any provision of the License
Ordinance except where such failure or violation is a result ^`•
circumstances beyond Licensee's control or through excusable no -
lest, and if curable, had been cured prior to the public hearing.
For the purpose of this subsection, financial reasons alone
shall not be considered a circumstance beyond Licensee's control.
(2) Any provision of the license has bc:c-_ in-
valid or unenforceable and the City Commission finds that such
29
Provision constitutes a consideration material to the grant of
authority.
(3) The City acquires the Cable Television System
of a Licensee upon payment to the Licensee of the fair market
value of the Cable Television System as a going concern, the fair
market value to be determined by the City Commission.
(4) Licensee has been adjudicated a bankrupt or
an insolvent by a court of competent jurisdiction or has made an
assignment for the benefit of creditors.
B. Upon termination or expiration, the Licensee shall
remove its entire Cable Television Syster which is visible frog
the City streets within a reasonable time (not to exceed one year)
after expiration or termination anA shall restore the pre-ises
to substantially the sane condition as before suc'-: removal urlcs
- 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 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 restore the premises at
the Licensee'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 n^t-
ice of its exercise of this option before the grant of authority
hereunder exFires or is terminated. The Licensee shall transfer
to the City or the City's designee, possession an-? title to all
property of the Licensee within the City 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 in this Ordinance.
Section 40. PROCEDURE TO CONSIDEP LICENSE. RENEiiALS.
A. Not less than thirty-six (36) months before
the expiration of any Cable Television License, the City
Commission may itself or through the City Manager, review
30
the performance of a Licensee and the content of the Cable
Television Ordinance.
B. After giving public notice, the City Commission
or City Manager shall proceed to determine whether the Licensee
has satisfactorily performed its obligations under the license.
To determine satisfactory performance, the City Commission or
City Manager shall loot, at the technical developments and per-
formance of the system, programming, other services offered,
cost of service, and any other particular requirement set fort!
in the Ordinance such as the availability of programming equip-
ment and personnel to aid access channel users. The City Com-
mission or City N.anager shall also consider 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.
C. A four month period shall be provided to determine
the Licensee's eligibility for renewal.
D. The City manager shall prepare any proposed amend-
ments to the License Ordinance.
E. The City Manager shall submit recommendations tc
the City Commission in regard to:
(1) Renewal of the license.
(2) Changes to the license, and
(3) Amendment=_ to the License Ordinance.
F. If the City Commission finds the Licensee's per-
formance satisfactory, a new license ma: be crante-4.
G. In the event a Licensee is determined by the City
Commission to have performed unsatisfactorily, new applicants
may be sought and these applicants evaluated by the City Manager
and a license award made by the City Commission according to
Cable Television Licensing procedures adopted by the City Com-
mission.
Section 41. 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 Ordi-
nance, nor shall any Licensee, if joined in any litigation, seek
31
AUch relief against the City.
B. Should any Licensee violate subsection A of this
Section, the City, at its option, nay 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.
Section 42. 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 collecting
license fees, Licensee agrees to pay the Cit_• a sun equal to five
(5) percent of all dross annual revenues collected by the License --
as and for an alternate fee, which alternate fee shall not be
considered a license fee.
Section 43. 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 reneg^tiated by the City ar..:
the Licensee.
Section 44. CODIFICATIOI;. 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 ordinan-
ces of the City of Miami, Florida. The sections of this Ordinance
may be renumbered or relettered to accomplish such intention, an;
the word "Ordinance" may be changed to "Article" or "Section.", or
to any other appropriate word as the codifier deems proper.
Section 45. DISPENSING OF SEPARATE READING. The require-
ment of reading this Ordinance on two separate days is hereby
32
dispensed with by a vote of not less than four -fifths of the
members of the Commission.
PASSED AND ADOPTED this day Of i 1980,
ATTEST: Fj A Y O R
CITY CLERK
PREPARED AND APPROVED BY:
JON:: J. COPELAN, JR.
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR.
City Attorney
"SCHEDULE A"
TOPICAL INDEX FOR CATV ORDINANCE
Page i
i Sectian
1. Short Title
Page 1
- 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
(h) Education Access Channel
(c) Local Government Access Channel
(d) Special Access Channel
(e) Leased Access Channel
E.
Channel
F.
City
G.
City Commission
H.
Cite 1!ana:_ter
I.
Converter
J.
Fr_deral Cr)nrunications Commission or FCC
K.
License
L.
Licensee
M.
License Area
N.
License Authorit-,
0.
License Entity
P.
Licensor
Q.
Gross Revenues
R.
Public Street
S.
Subscriber
T.
Upstream Transmission Path
U.
Local Education Authorities
Page 5
- Section
3. Ncn-Exclusive License
Page 5
- Section
4. Terr
A.
15 years
B.
15 year renewal periods
Page 6
- Section
5. License Fec 5$ of Gross Annual Revenue
Page 6
- Section
6. Richts subject to Police Power
Page 6
- Section
7. Application Procedures
A.
Ordinance Grants no authority operate
B.
Vritten Application And Fee
(1) Applicant General Information.
(2) List of other related Cable Tele-
vision Systems to applicant
(3) Description of proposed syster.
(4) Schedule of proposed rates and charges
(5) Disclosure of any agreement between
applicant and any other person
respect to proposed License or Operation,
(6) Estimate cost of construction
(7) Applicant's familiarity with ordinance's
provisions and FCC rules
(8) Any supplementary information: request-
ed by License Authority
C.
Public Hearing and License Awarding
Page 8
- 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.
Transfer of License and City rights
F.
Transfer of License and Comoletion of
Construction
G.
City Commission to review transfer of any
Cable Television System
H.
City right of eminent domain
Page ib
Section
9. Cable Television System Installation
A.
Cable Television System interference wit':
Public Ways, Restoration and Maintenance
A.
Engineering and Safety Consideration
C.
Within property of License
D.
Building code and electrical safety ordi-
nances
E.
Maintenance and repair of syster,
F.
Cable Television System alteration. by
City requirement
G.
Termination of services
H.
Removal-raisina-lowering of wires
Pare 12 -
Section
10. Technical St.aniards
A.
National Electric Safety Cope and metho.s
of construction
B.
EI4 standards an pov:er construetic-.
C.
Federal aviation agency regulations and
power physical dimensions
D.
Construction marking and lighting c`_
antenna structure
E.
Standards of the Occupational Safety anC
Health Administration and conditions dur-
ing construction
F.
Licensee compliance with FCC regulations
G.
Licensee com-:liance with ordinanze
H.
Stray radiation
Page 13 -
Section
11. Construction Timetahle
Page 13 -
Section
12. Ficht to Ins;:ect
Page 13 -
Section
13. Construction Bono
A.
$1,000,000.00 Surety Bond
E.
Other type of securit•:
Page 14 -
Section
14. Letter of Credit
A.
Amount of Letter
B.
Maintaininn Letter
C.
V.ithdra.:ino llon.ey from Letter
D.
Reservation of Riahts
E.
Endorsement of Letter
Page 15 -
Section
15. Liability -Indemnification -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
Page 16 -
Section
16. Continuous Regulatory Control -
Amendment -Advisory Board
A.
City Jurisdiction
B.
City and License Amendments
C.
Reevaluation sessions by City Commission.
2
D. Cable Television Advisory Board appointed
by City Manager, duties
rpage
17 =
Section 17. Regulatory Authority of Licensee
Page
18 -
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
_ rage
19 -
Section 20. Changes to Rate Schedule -Procedure -
Approval
—
A. Filing petition for change of rates with
City Commission
B. Public hearinq for chanae rates
C. Fair and reasonable criteria for commis-
sion decision
D. Financial reports reuired for rate
increase:
(1) Balance Sheet
(2) Income statement
_
(3) Cash flow statement
(4) Statement of sources and application
of funds
(5) Detailed schedule of expenses
•
(6) Statement of subscribers
(7) Documents including_ sufficient
information
E. City access to Licensee's records of
financial transactions
— Page
20 -
Section 21. Quality of Service
Page
21 -
Section 22. Subscriber's Right Upon Failure
—
of Service
A. 20E rebate for 48 hours interruption,
B. 100% rebate for 72 hours interruption
C. Service interruption due to Acts of God
D. Computing time
Page
21 -
Section 23. Local Subscriber Service -Complaints
A. Licensee Local business office
B. Records and investigation of coriplaints
C. Resolution by City F;anaaer 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
Page
24 -
Section 25. Disconnection No Charge, 10 Days
Written Notice to Subscriber
Page
24 -
Section 26. Non -Discrimination
A. Against subscribers
B. Equal employment opportunity
3
C.
Compliance with non-discrimination laws
D.
Hiring of minorities
Pago 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 25 =
Section
28. Continuity of Service
A.
Licensee to provide continuous service
B.
Change of operation
Page 26 =
Section
29. Signals -Channels
A.
42 channels Cable Television System
educational and other non-commercial
channel
B.
Additional Access
Page 26 -
Section
30. Emergency Override an:: Alarm Systems
A.
Emergency Alert capability
B.
City installations on Cable Television
Syste-n
Page 26 -
Section
31. Standby Power
Page 27 -
Section
32. Interconnection.
Page 27 -
Section
33. Technical Improvements to System
Page 27 -
Section
34. Annexation
Page 27 -
Section
35. Annual Report= and Audits
A.
To City Clerk and Including
(1) Previous year's activities
(2) Copies of financial statements
(3) Statement of construction cost
(4) List of officers and members of the
board
B.
Inspection of Boo.:s an Records, etc.
Page 28 -
Section
36. Filings with Fe,3eral Communication
CoT-misslc7.
Page 28 -
Section
37. Identification Cards
Page 28 -
Section
36. 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 29 -
Section
39. Termination-City's Right to Acgaire
or Transfer Ownership
A.
Public hearing for termination reasonE
(1) Licensee failure to comply
(2) License provision becoming invalid
(3) City acquires Cable Television System..
(4) Bankruptcy or insolvency of Licensee
B.
Removal of Cable Television System
C.
Transfer to City by payment to Licensee
4
Pdge
30
Section
40. Procedure to consider License Re-
newals
A.
Review of Licensee performance
8.
City Commission determination of Licensee's
performance
C.
Four month period to determine renewal
D.
City ifanager and License Ordinance
Amendments
E.
City Manager's recommendations in regard
to License
-
(1) Renewal
(2) Changes
(3) Amendments
F.
Satisfactory performance and new License
G.
Unsatisfactory performance
Page
33 i
Section
41. Litigation
A.
Relief suit against the City not per-
mitted to Licensee
B.
Violation of subsection "A" and removal
of Licensee's equipment
Page
32 -
Section
42. Alternate Fee
Page
32 -
Section
43. Severabilitl
Page
32 -
Section
44. Codification
Page
32 -
Section
45. Dispensing of Separate Reading
i
i
5
_ Page 30 = Section 40. Procedure to consider License Re-
newals
A. Review of Licensee performance
B. City Commission determination of Licensee's
performance
C.
Four month period to determine renewal
D.
City tianager and License Ordinance
Amendments
E.
City Manager's recommendations in regard
to License
(1) Renewal
(2) Changes
(3) Amendments
F.
Satisfactory performance and new License
G.
Unsatisfactory performance
Page 33 ..
Section
41. Litigation
A.
Relief suit against the City not per-
mitted to Licensee
B.
Violation of subsection "A" and removal
of Licensee's equipment
Page 32 -
Section
42. Alternate Fee
Page 32 -
Section
43. Severability
Page 32 -
Section
44. Codification
Page 32 -
Section
45. Dispensing of Separate Reading
APPENDIX III
CITY Of MIAMI COMPREHENSIVE
LAND USE PLAN
' � 1
JJC/Wpc
10/21/80
A
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION,
OPERATION, REc:,ULATION AND CONTROL OF CABLE
TELEVISION SYSTEMS WITHIN THE MUNICIPAL
BOUNDARIES OF THE CITY OF MIAMI.
WHEREAS, the City Commission is aware of the development of
3 +
Cable Television in the United States and the State of Florida
and in Dade County; and
t
WHEREA4, the City Commission wants to provide forNthe order-
, ;
ly developm nt of Cable Television in the City of (ami';.for the
enjoyment, education a-g4.protection of the cititilns of the
City of Miami;
NOW, THEREFdRE, BE IT ORDAINED BY THE"C'OHNISSION OF THE
CITY OF tlIAMI,, FLORIDA: t 4
Section 1. SHORT TITLE. This'Ordinance shalt be known
and may be cit6d as the "City of Miami Cable Television Regulation
Ordina^cc". 1/.
Section 2. DEFtNITIONS. For the purposes of this Ordinance,
the following terms, phrases, words and their derivations shall
have the meaning given -herein, unless the context clearly indi-
cates that another meaning is intended. When not inconsistent
with the context, words used in the present tense include the
future, words in the plural number include the singular number,
and words in a singular 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 whc- -° L ` : - - - t _L
is required by this Ordinance,
1/. A Topical Index to this Oz
hereto as "Schedule A"
CI.I-' C:�! J' I2"3;0N
W,..L..TI!`V OF
OCTC01980
J