Chambers Cable Franchise AgreementCITY OF EDMONDS
CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525
890 _ 190)-
October 14, 1994
Carolyn S. Chambers, President
Chambers Communication Corporation
Post Office Box 7009
Eugene, OR 97401
Re: Chambers Cable Company - Rate Schedule
Dear Ms. Chambers:
LAURA M. HALL
MAYOR
The Edmonds City Council held the hearing on the Chambers Cable Rate Schedule on
October 4, 1994, with the findings to be approved at the following meeting. Therefore, on
October 11, 1994, the Edmonds City Council approved the following documents which
are enclosed for your file:
1) Refund Order;
2) Findings of Fact and Conclusions of Law; and
3) Accounting Order.
The Edmonds City Council Minutes of October 4, 1994 are also enclosed for your
information.
Yours very truly,
Rhonda J. March
Edmonds City Clerk
enclosures
cc: Sylvia Sycamore, Chambers Cable, Oregon
Jack Gradwohl, Chambers Cable Area Manager
Paul Mar, Community Services Director
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
BEFORE THE CITY COUNCIL OF
THE CITY OF EDMONDS
Pursuant to the power granted to the City Council of Edmonds by the Federal
Communications Commission, and in accordance with the rules and procedures of Ordinance
No. 2968, the City Council has reviewed Edmonds Cable Company's, doing business as
Chambers Cable of Edmonds, rates for basic tier cable and associated equipment and installation
charges in the Edmonds franchise area. The City Council has determined, based upon the
findings of fact attached as Exhibit 1, that Edmonds Cable Company's installation and equipment
charges have been above the allowable FCC benchmark since September 1, 1993.
THEREFORE IT IS NOW ORDERED:
1. THAT EDMONDS CABLE COMPANY REFUND TO ITS SUBSCRIBERS
WITHIN THE INCORPORATED TERRITORY OF THE CITY OF EDMONDS THAT
PORTION OF PREVIOUSLY PAID RATES AND CHARGES THAT ARE IN EXCESS OF
THE MAXIMUM PERMITTED RATES AND CHARGES AS SET FORTH IN THE
ATTACHED EXHIBIT 1 (FINDINGS OF FACT AND CONCLUSIONS OF LAW) WHICH
HAVE BEEN PAID SINCE SEPTEMBER 1, 1993.
2. THAT EDMONDS CABLE COMPANY SHALL MAKE SUCH REFUNDS IN
CONJUNCTION WITH THE BILLING PERIOD COMMENCING DECEMBER 1, 1994,
PURSUANT TO THE PROCEDURES CONTAINED IN 47 CFR SUBPART N. §76.942(d).
3. THAT EDMONDS CABLE COMPANY REPORT TO THE CITY COUNCIL
ON THE REFUNDING PROCEDURE IN CONJUNCTION WITH THE COMMENCEMENT
OF ITS REFUNDING PROGRAM ON DECEMBER 1, 1994.
PASSED BY THE EDMONDS CITY COUNCIL
DATED this ./L/6-0 day of _ _ , 1994.
CITY OF EDMONDS:
4
Mayer ra Hall
WSS85226.2WF0060.080.002 1
ATTEST/AUTHENTICATED:
CITY ATTORNEY:
6 &�
W. Scott Snyder 1,13
WSS85226.2WF0060.080.002
EXHIBIT I
FINDINGS OF EACT AND CONCLUSIONS OF LAW
BEFORE THE EDMONDS CITY COUNCII,
On October 4, 1994, the EDMONDS City Council held a public hearing in order to
review the proposed regulation of cable television rates for basic service and associated
equipment and installation charges. The City of EDMONDS (hereinafter "the City") has power
to review and regulate such rates and charges pursuant to Federal Communication Commission
(FCC) certification. The City Council considered FCC Form 393 and Form 1200, submitted
by EDMONDS CABLE COMPANY, doing business as CHAMBERS CABLE OF EDMONDS,
(hereinafter the "Company"), as well as a staff report, testimony from the public, and the
response of the Company. Based upon its record, the EDMONDS City Council enters the
following findings of fact and orders.
FINDINGS OF FACT
1. Authoriy. The City is a franchising authority within the meaning of the Cable
Television Consumer Protection and Competition Act of 1992 (" 1992 Cable Act"). Pursuant to
the adoption of Ordinance No. 2968, the City Council is authorized to conduct rate regulation.
2. Certification. The City was certified by the FCC as of October 18, 1993, to
regulate rates for the basic service tier, associated equipment and installation charges in
accordance with the FCC Rules as set forth in 47 CFR Subpart N. §§ 76.900-986 ("FCC
Rules"). The City, pursuant to FCC Rules, is charged with making a determination if the
Company's existing rates are within the FCC permitted basic service tier charge or actual cost
of equipment and installation charges, as defined in §76.922 and §76.923 of the FCC Rules.
3. Initiation of Form 393 basic rate review. In accordance with FCC Rules, on
January 24, 1994, the City initiated review of basic cable service rates and associated equipment
and installation charges of the Company in the City by requesting that the Company submit FCC
Form 393 ("Form 393") with necessary attachments. A copy of the Company's channel lineups
effective September 1, 1993 for the City is attached to these findings as Exhibit A and
incorporated herein by this reference as if set forth in full.
4. Form 393 review period. On March 14, 1994, the Company submitted its initial
Form 393 in accordance with FCC rules.
5. Form 1200 review period. In May 1994, the FCC replaced its Form 393 with
a series of new forms to reflect rule changes. These included Form 1200 (replaces Part 11 of
Form 393), Form 1205 (replaces Part III of Form 393) and Form 1215 detailing channel lineups.
On June 15, 1994 the Company submitted its Forms 1200, 1205 and 1215 in accordance with
wss.85144.2X/0060.080.003 -1-
FCC rules. A copy of the Company's lineups effective on March 31, 1994 for the City is
attached to these Findings as Exhibit B and incorporated herein by this reference as if set forth
in full. On July 12, 1994, the City Council passed Resolution No. 796 extending the 30 day
time period for review of these forms an additional 90 days to October 14, 1994.
6. Staff and financial counsel review. The information provided by the Company
has been reviewed by the City Council and staff with the assistance of a consultant. The
Company has been provided with a draft copy of these findings.
7. Consideration of the views of interested .parties. Prior to arriving at a final
determination on this matter, the City Council solicited and considered the views of the
Company and has solicited and considered the views of subscribers and interested members of
the public. The City Council agreed to hear this matter on October 4, 1994.
8. Form 393 basic tier rates. After consideration of information submitted by staff,
financial counsel, the Company and the public, the City Council finds as follows regarding rates
for the Company's basic cable service tier in the Company's franchise area for the City:
A. The maximum permitted per -channel rate under FCC Rules in effect as of
the date of this order for the Company's basic and cable programming service tiers combined
is $0.705 per channel, plus franchise fees;
B. On the initial date of regulation, the Company's basic tier of service
consisted of 29 channels;
C. Based on the basic channel count in effect as of the initial date of
regulation, the maximum permitted rate for basic service tier is $20.44, (29 channels x $0.705
per channel, plus franchise fees);
D. On the initial date of regulation, the Company's actual rate for the basic
service tier in the Company's franchise area for the City was $20.56; and
E. The Company's basic service tier rate in the Company's franchise area for
the City are currently out of compliance with FCC Rules.
9. Form 393 equipment and installation charges. After consideration of information
submitted by staff, the Company, and the public, the City Council finds as follows regarding the
Company's equipment rates and installation charges used to receive the basic service tier:
A. The maximum permitted rates, including franchise fees in conformance
with §76.922(a) of the FCC Rules, for the Company's equipment and installation charges, and
the Company's current actual rates, including franchise fees, as of the initial date of regulation,
are as follows:
Wss.85144.2X/0060.080.003 -2-
EQUIPMENT CHARGES
MAXIMUM
PERMITTED
CURRENT
ACTUAL
Monthly converter box type 1:
$0.01
$3.00
Monthly converter box type 2:
$1.38
$4.50
Monthly converter box type 3:
$2.78
$5.50
Monthly converter box type 4:
$3.84
$6.50
Hourly installation charge
$22.80
10. Form 1200 basic tier rates. After consideration of information submitted by staff,
financial counsel, the Company and the public, the City Council finds as follows regarding rates
for the Company's basic cable service tier in the Company's franchise area for the City:
A. The maximum permitted per -channel rate under FCC Rules in effect as of
the date of this order for the Company's basic and cable programming service tiers combined
is $0.589 per channel, plus franchise fees;
B. On the initial date of regulation, the Company's basic tier of service
consisted of 29 channels;
C. Based on the basic channel count in effect as of the initial date of
regulation, the maximum permitted rate for basic service tier is $17.09, (29 channels x $0.589
per channel, plus franchise fees);
D. On the initial date of regulation, the Company's actual rate for the basic
service tier in the Company's franchise area for the City was $20.56; and
E. The Company's basic service tier rate in the Company's franchise area for
the City are currently out of compliance with FCC Rules.
11. Form 1200 equipment and installation charges. After consideration of information
submitted by staff, the Company, and the public, the City Council finds as follows regarding the
Company's equipment rates and installation charges used to receive the basic service tier:
A. The maximum permitted rates, including franchise fees in conformance
with §76.922(a) of the FCC Rules, for the Company's equipment and installation charges, and
the Company's current actual rates, including franchise fees, as of the initial date of regulation,
are as follows:
Wss.85144.2x/0060.080.003 -3-
EQUIPMENT CHARGES
MAXIMUM
PERMITTED
CURRENT
ACTUAL
Monthly converter box type 1:
$0.01
$3.00
Monthly converter box type 2:
$1.38
$4.50
Monthly converter box type 3:
$2.78
$5.50
Monthly converter box type 4:
$3.84
$6.50
Hourly installation charge
$22.80
CONCLUSIONS
NOW THEREFORE IT IS ORDERED:
1. Basic Tier Rates. The Company's actual basic service tier rates, including
franchise fees in conformance with §76.922(a) of the FCC Rules, for the Company's franchise
area in the City are as follows:
PERMITTED
MAXIMUM
CURRENT
REQUIRED REDUCTION
PERMITTED
ACTUAL
Basic service tier -
$17.09
$20.56
$3.47 Reduction required
monthly
2. :quin:nent charges. Based on the City Council's findings, the City Council orders
the following rate reductions:
EQUIPMENT CHARGES
(monthly)
MAXIMUM
PERMITTED
CURRENT
ACTUAL
REQUIRED
REDUCTION
Converter box type 1
$0.01
$3.00
$2.99
Converter box type 2
$1.38
$4.50
$3.12
Converter box type 3
$2.77
$5.50
$2.73
Converter box type 4
$3.84
$6.50
$2.66
3. Installation Charges. Based on the City Council's findings, the City Council
orders the following rate reductions:
wss.85144.2xi0060.080.003 -4-
INSTALLATION CHARGES
MAXEWUM
PERMITTED
CURRENT
ACTUAL
REQUIRED
REDUCTION
Hourly charge
$22.80
4. Timing of rate adjustment and refunds: accounting of rates in issue. All rate
adjustments and refunds under this order shall be implemented on or before December 1, 1994.
Until such implementation, the Company shall keep an accurate account of all amounts received
from subscribers in the City for those equipment and installation charges which are in excess of
maximum permitted rates. Nothing herein shall prevent the Company from adjusting rates in
accordance with this order and providing refunds to subscribers earlier than December 1, 1994.
5. City Council reservation of authority.
A. The City Council reserves all rights and authority with respect to rate
regulation, including refunds, under applicable law; will continue to review the Company's rates
for basic service, any equipment used to receive basic service, and any associated installation
charges whether or not such rates or changes are identified in this order or on the Company's
schedule of rates and charges on file with the City Council; and will make appropriate
recommendations in this regard.
B. The City Council reserves all authority under the FCC revision of its basic
tier rate regulations, announced February 22, 1994, to undertake further review and order
adjustments in the Company's basic service tier rates and associated equipment and installation
charges. Pursuant to the FCC revised Rules, the City Council reserves all authority to further
order adjustments of the Company's basic service tier rate and related charges. The Company
shall be subject to providing refunds to EDMONDS subscribers if the City Council determines
under the FCC revised Rules that the Company's basic service tier rate and related charges are
in excess of maximum permitted rates under FCC revised Rules.
6. Rate increases. The City Council is authorized under FCC Rules to review and
establish rates for basic service and associated equipment and installation charges. This order
does not authorize the Company to increase any rates or charges under the jurisdiction of the
City Council. Any future rate adjustments for basic service, associated equipment and
installation charges shall be made in accordance with applicable FCC rules.
PASSED BY THE EDMONDS CITY COUNCIL.
WSS.85144.2X/0060.080.003 -5-
DATED this - _&-day of , 1994.
CITY OF EDMONDS:
ATTEST/AUTHENTICATED:
onda J. March, City Clerk
CITY ATTORNEY:
W. Scott Snyder
WSS.85144.2X/0060.080.003 -6-
EXIIBTT A
CHAMBERS CABLE -- EDMONDS, WA
CHANNEL LINE-UP
EFFECTIVE SEPTEMBER 1, 1993
Ch.
Service
Description
2
The Disney Channel
Premium Service
3
ESPN
24-Hour Sports
4
KOMO-4
ABC -Seattle
5
KING-5
NBC -Seattle
6
KTZZ-22
Ind -Seattle
7
KIRO-7
CBS -Seattle
8
Headline News
Updated News
9
KCTS-9
PBS -Seattle
10
A&E
Arts/Documentaries
11
KSTW-11
Ind -Tacoma
12
Lifetime
Women's/Self-Help
13
KCPQ-13
Ind -Tacoma
14
AMC
Classic Movies
15
CNN
24-Hour News
16
CBUT
Canadian
17
TBS
Variety/Sports
18
TNN
Country Lifestyle
19
QVC
Home Shopping
20
HBO
Premium Service
21
Showtime
Premium Service
22
The Movie Channel
Premium Service
23
USA
Variety/Sports
24
The Family Channel
Family Programs
25
Discovery
Science/Nature
26
MTV
Music
27
CABLEARN/MEU
U of Washington
28
Nickelodeon
Kid's/Vintage TV
29
The Weather Channel
24-Hour Weather
30
KTBW-20
Ind -Tacoma
31
TNT
Movies/Sports
32
Prime Sports NW
Regional Sports
33
C-Span
US House of Reps
34
KBTC-28
PSB-Tacoma
EXHIBIT B
CHAMBERS CABLE -- EDMONDS, WA
CHANNEL LINE-UP
EFFECTIVE SEPTEMBER 31, 1994
Ch.
Service
Description
2
The Disney Channel
Premium Service
3
ESPN
24-Hour Sports
4
KOMO-4
ABC -Seattle
5
KING-5
NBC -Seattle
6
KTZZ-22
Ind -Seattle
7
KIRO-7
CBS -Seattle
8
Headline News
Updated News
9
KCTS-9
PBS -Seattle
10
A&E
Arts/Documentaries
11
KSTW-11
Ind -Tacoma
12
Lifetime
Women's/Self-Help
13
KCPQ-13
Ind -Tacoma
14
AMC
Classic Movies
15
CNN
24-Hour News
16
CBUT
Canadian
17
TBS
Variety/Sports
18
TNN
Country Lifestyle
19
QVC
Home Shopping
20
HBO
Premium Service
21
Showtime
Premium Service
22
The Movie Channel
Premium Service
23
USA
Variety/Sports
24
The Family Channel
Family Programs
25
Discovery
Science/Nature
26
MTV
Music
27
CABLEARN/MEU
U of Washington
28
Nickelodeon
Kid's/Vintage TV
29
The Weather Channel
24-Hour Weather
30
KTBW-20
Ind -Tacoma
31
TNT
Movies/Sports
32
Prime Sports NW
Regional Sports
33
C-Span
US House of Reps
34
KBTC-28
PSB-Tacoma
BEFORE THE CITY COUNCIL OF
THE CITY OF EDMONDS
ACCOUNTING ORDER
Pursuant to the power granted to the City Council of Edmonds by the Federal
Communications Commission, and in accordance with the rules and procedures of Ordinance
No. 2968, the City Council has reviewed Edmonds Cable Company doing business as Chambers
Cable of Edmonds, rates for basic tier cable and associated equipment and installation charges.
The City Council believes Edmonds Cable Company may be responsible for refunds to Edmonds
franchise area customers.
THEREFORE IT IS NOW ORDERED:
EDMONDS CABLE COMPANY SHALL IMMEDIATELY BEGIN KEEPING
AN ACCURATE ACCOUNT OF ALL AMOUNTS RECEIVED BY REASON
OF BASIC TIER SERVICE, INSTALLATION AND ASSOCIATED
EQUIPMENT CHARGES. FURTHER, EDMONDS CABLE COMPANY
SHALL IDENTIFY ON WHOSE BEHALF SUCH AMOUNTS WERE PAID.
PASSED BY THE EDMONDS CITY COUNCIL
DATED this day of�� , 1994.
CITY OF EDMONDS:
ATTEST/AUTHENTICATED:
onda J. �Marc�hCityCler�k��
CITY ATTORNEY:
w,
W. Scott Snyder
WSS85231.2WF0006.080.003
(((4:
CHAMBERS
COMMUNICATIONS
CORP.
RECEIVED
VIA FEDERAL EXPRESS
J U N 1 5 1994
June 14, 1994
Paul Mar, Community Services Director
City of Edmonds
250 5th Avenue N
Edmonds, WA 98020
Dear Mr. Mar:
Enclosed please find completed FCC Forms 1200, 1205, 1215 and Attachments for
Forms 1200 and 1205 for Edmonds Cable Company. Please contact me if you have any
questions.
Sincerely yours,
i�-
Sylvia Sycamore
Senior Vice President
Policy, Planning & Administration
enc.
cc: Jack Gradwohl, Area Manager
SS/mc
2225 COBURG RD. P.O. BOX 7009 EUGENE, OR 97401 (503) 485-5611
EDMONDS CABLE COMPANY
Attachment for Forms 1200, 1205 & 1215
City of Edmonds Franchise
-------------------------
General Note as to the Level the Accounting Records are Kept:
Records for all information in this form, except revenue are kept
at the system level, not at the franchise level. Thus in performing
all computations except for equipment revenue, (which is kept at
the franchise level), a formula using the number of subscribers at
the franchise level as the numerator and the number of subscribers
in the system as the denominator was used to reduce the system
amounts to franchise level amounts. This is in accordance with the
procedure described in FCC regulation 76.924(e)(1).
Form 1205 Customer Equipment and Installation Percent:
An analysis was performed to determine the annual costs as required
by the schedule. The percentage of 100 was used as the amounts as
shown in the schedules had already been reduced to those allowable
amounts, prior to entry on the schedule.
Form 1205 Total Labor Hours for Installation and Equipment of
Customer Equipment and Service:
-------------------------------------------------------------
An analysis of annual labor hours for all employees was done to
determine the number of hours spent on the above referenced
activities. As noted at above, they were then adjusted to include
those applicable only to the basic service.
Form 1205 Total maintenance Service Hours for Remotes and
Converters, Respectively:
---------------------------------------------------------
An analysis was performed in conjunction with the labor review
noted above, to determine those hours spent maintaining the remotes
and converters referenced in these sections. The hours were then
allocated to the remotes and various types of converters.
Form 1200 Channel Lineups and Rate Cards:
-----------------------------------------
Channel Lineups and Ratecards as of September 30, 1992,
September 1, 1993 and March 31, 1994 are attached.
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective September 30,1992
Ch. Service Description
2............ The Disney Channel .............. Premium Service
3 ............
ESPN..........................................
24-Hour Sports
4 ............
KOMO-4....................................
ABC -Seattle
5 ............
KING-5......................................
NBC -Seattle
6 ............
KTZZ-22 ....................................
Ind -Seattle
7 ............
KIRO-7.......................................
CB 'Seattle
8 ............
Headline News .........................
Updated News
9 ............
KCTS-9.......................................
PBS -Seattle
10 ............
A&E............................................
Arts / Documentaries
11............
KSTW-11...................................
Ind -Tacoma
12............
KVOS.........................................
Ind -Bellingham
13 ............
KCPQ-13....................................
Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15............
CNN.... .................................--....
24-Hour News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19 ............
QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............ The Movie Channel ................
Premium Service
23............
USA ............................................
Variety/Sports
24............ The Family Channel ................
Family Programs
25............ Discovery .................................. Science/Nature
26............ MTV ...........................................
Music
27............ CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29 ............
The Weather Channel ..............
24-Hour Weather
30 ............
KTBW-20...................................
Ind -Tacoma
31............
TNT ............................................
Movies/Sports
32............
Prime Sports NW .....................
Regional Sports
33............
C-SPAN ............................... . ..
US House of Reps
Chambers Cable -- Edmonds, WA
Cable Rate Card
Effective September 30,1992
Basic Cable Rafe
BasicService............................................................................................... $18.25
AdditionalOutlets....................................................................................... $3.00
Premium Services
Showtime....................................................................................................
$13.95
HBO.............................................................................................................
$13.95
TheMovie Channel...................................................................................
$13.95
Disney..........................................................................................................
$11.95
Disney/Showtime.....................................................................................
$17.95
Disney/The Movie Channel....................................................................
$17.95
AnyOther Two...........................................................................................
$19.95
AnyThree...................................................................................................
$25.95
AllFour.......................................................................................................
$31.95
Installation Charges
Install/Reconnect/Relocation/Outlet Upgrade ................................... $29.95
PremiumUpgrade..................................................................................... $24.95
VCRHookup - Extra Trip......................................................................... $20.00
Create Outlet at Time of Initial Install .................................................... $15.00*
TripCharge................................................................................................. $10.00
NameChange............................................................................................. $10.00
(* Free at initial install if activating existing outlet)
Equipment Charges -- Converters
Rent Purchase
Basic......................................................... $3.00
Jerrold w/remote ....... $4.50*
Panasonic w/remote ............................. $5.50......................................... $55.00
Panasonic w/remote/volume ............. $6.50......................................... $85.00
Panasonic w/remote/volume/PC...... $7.50......................................... $85.00
Eauiument Charees -- Other
VCRPlus.................................................................................................... $59.95
ABSwitch.................................................................................................... $10.00
MTVTrap...................................................................................................... $5.00
*No longer available. Limited rentals still exist.
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective September 1,1993
Service Descri i n
2............
The Disney Channel ..............
Premium Service
3 ............
ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5 ............
KING-5......................................
NBC -Seattle
6............
KTZZ-22 ....................................
Ind -Seattle
7............
KIRO-7.......................................
CBS -Seattle
8 ............
Headline News .........................
Updated News
9............
KCTS-9.......................................
PBS -Seattle
10 ............
A&E ............................................
Arts / Documentaries
11............
KSTW-11...................................
Ind -Tacoma
12............
Lifetime .....................................
Women's/Self-Help
13............
KCPQ-13....................................
Ind -Tacoma
14............
AMC __ .....................................
Classic Movies
15 ............
CNN ...........................................
24-Hour News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19 ............
QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23............
USA ............................................
Variety/Sports
24............
The Family Channel ................
Family Programs
25............
Discovery ..................................
Science/Nature
26 ............
MTV ...........................................
Music
27............
CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29 ............
The Weather Channel ..............
24-Hour Weather
30............
KTBW-20...................................
Ind -Tacoma
31............
TNT ............................................
Movies/Sports
32............
Prime Sports NW .....................
Regional Sports
33 ............
C-SPAN.....................................
US House of Reps
34............
KBTC-28.................................... PBS -Tacoma
Chambers Cable -- Edmonds, WA
Cable Rate Card
Effective September 1,1993
_Basic Cable Rates
Edmonds..................................................................................................... $20.56
SnohomishCounty................................................................................... $20.50
KingCounty............................................................................................... $20.59
Woodway.................................................................................................... $20.62
Preminin Services
Showtime...................................................................................................
$13.95
HBO.............................................................................................................
$13.95
TheMovie Channel...................................................................................
$13.95
Disney..........................................................................................................
$11.95
Disney/Showtime.....................................................................................
$17.95
Disney/The Movie Channel....................................................................
$17.95
AnyOther Two.....................................................................................---..
$19.95
AnyThree...................................................................................................
$25.95
AllFour.....................................................................................................--
$31.95
Installation Charees
Install/Reconnect/Relocation/Outlet Upgrade ................................... $39.95
PremiumUpgrade..................................................................................... $29.95
VCR Hookup (Free at initial install)....................................................... $20.00
Create Outlet at Time of Initial Install ...................... .............................. $15.00*
TripCharge ............................................................................................ $15.00
NameChange......................................................................................... I ... $10.00
(* Free at initial install if activating existing outlet)
E pi meat Charges -- Converters
Rent Purchase
Basic......................................................... $3.00
Jerrold w/remote................................... $4.50*
Panasonic w/remote ............................. $5.50......................................... $55.00
Panasonic w/remote/volume ............. $6.50......................................... $85.00
Panasonic w/remote/ volume/ PC ...... $7.50......................................... $85.00
Equipment Charges -- Other
VCRPlus................................................................................................
ABSwitch...............................................................................................
MTVTrap...............................................................................................
*No longer available. Limited rentals still exist.
.. $59.95
.. $10.00
.... $5.00
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective March 31,1994
Service
Description
2............
The Disney Channel ..............
Premium Service
3- ..........
ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5............
KING-5......................................
NBC -Seattle
6............
KTZZ-22 ....................................
Ind -Seattle
7............ KIRO-7.......................................
CBS -Seattle
8............ Headline News ......................... Updated News
9 ......... .. KCTS-9.......................................
PBS -Seattle
10............
A&E............................................
Arts/Documentaries
11............ KSTW-11 ................................... Ind -Tacoma
12............ Lifetime .....................................
Women's/Self-Help
13 ............
KCPQ-13.................................... Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15 ............
CNN ...........................................
24-Hour News
16............
CBUT ............ ........................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19 ............
QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23............
USA ............................................
Variety/Sports
24............ The Family Channel ................
Family Programs
25............ Discovery .................................. Science/Nature
26 ............ MTV ........................................... Music
27............ CABLEARN/MEU .................. U of Washington
28............ Nickelodeon .............................. Kid's/Vintage TV
29 ............ The Weather Channel .............. 24-Hour Weather
30............ KTBW-20................................... Ind -Tacoma
31............
TNT ............................................ Movies/Sports
32 ............
Prime Sports NW ..................... Regional Sports
33...••--.....
C-SPAN.....................................
US House of Reps
34....... .----
KBTC-28....................................
PBS -Tacoma
Chambers Cable -- Edmonds, WA
Cable Rate Card
Effective March 31,1994
Basic Cable Rafe
Edmonds.................................................................................................... $20.56
SnohomishCounty................................................................................... $20.50
KingCounty............................................................................................... $20.59
Woodway.................................................................................................... $20.62
Premium Services
Showtime.................................................................................................... $13.95
HBO............................................................................................................. $13.95
TheMovie Channel................................................................................... $13.95
Disney............................................................................................................ $6.95
Disney/ Showtime..................................................................................... $17.95
Disney/The Movie Channel.................................................................... $17.95
AnyOther Two.................................................................................-........ $19.95
AnyThree................................................................................................... $25.95
AllFour....................................................................................................... $31.95
Installation Charges
Install/Reconnect/Relocation/Outlet Upgrade ................................... $39.95
PremiumUpgrade..................................................................................... $29.95
VCRHookup - Extra Trip......................................................................... $20.00
Create Outlet at Time of Initial Install ......... ........................................... $15.00*
TripCharge................................................................................................. $15.00
NameChange............................................................................................. $10.00
(* Free at initial install if activating existing outlet)
Eauiument Charees -- Converters
y Rent Purchase
Basic......................................................... $3.00
Jerrold w/remote $4.50*
...................................
Panasonic w/remote ............................. $5.50............... I......................... $55.00
Panasonic w/remote/volume ............. $6.50......................................... $85.00
Panasonic w/remote/volume/PC...... $7.50......................................... $85.00
Eauiom.ent Charizes.-- Other
VCRPlus..................................................................................................... $59.95
ABSwitch.................................................................................................... $10.00
MTVTrap...................................................................................................... $5.00
*No longer available. Limited rentals still exist.
Federal Communications Commission, Washington, i..C. 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
FCC FORM 1200
SETTING MAXIMUM INITIAL PERMITTED RATES FOR REGULATED CABLE SERVICES
PURSUANT TO RULES ADOPTED FEBRUARY 22, 1994
"FIRST—TIME FILERS FORM"
Community Unit Identifier (CUID) of cable system
Date of Form Submission (mm/dd/yy)
WA-0099
06/15/94
Name of Cable Operator
Edmonds Cable Company
Mailing Address of Cable Operator
2225 Coburg Road
City
State ZIP Code
�7401
Eugene
OR
Name and Title of person completing this form:
Michael Kchoe Controller
Telephone number
Number
7(503)342-1568
(503) 485-5611
Name of Local Franchising Authority
City of Edmonds
Mailing Address of Local Franchising Authority
250 5th Avenue N.
City State ZIP Code
Edmonds A �8020
1_ Place an "x" in the appropriate box:
A. Is this form being filed for the first time anywhere?
YES 1 X
B. If you answered "no" to 1A., is this an exact copy of the FCC form 1200 submitted elsewhere?
YES
C. If you answered "yes" to 113., enter the date on which the FCC form in 1B. was filed.
(mm/dd/yy)
2. Enter the date of the rates you are seeking to justify with this filing 1 09/0l/93 (mm/dd/yy)
3_ Indicate which of the following forms are attached by placing an "x" in the appropriate bax(es)
FCC Form 1205 'Equipment Form" completed for the fiscal year closing: 06/30/93 (mm/dd/yy)
77 FCC Form 1205 'Equipment Form" completed for the fiscal year closing: 7 (mm/dd/yy)
FCC Form 1210, "Update Form" covering the period from: to
FCC Form 1215, "A Is Carte Offerings".
NO
NO
(mm/dd/yy)
Page 1 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, j,.C. 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE A: CALCULATING YOUR MONTHLY REGULATED REVENUES PER SUBSCRIBER AS OF MARCH 31, 1994
a b
c
d e
L'rna
Line De 'on
Basic Ticr 2
Tier 3
Ticr 4 Tier 5
Al
Channels per Tier as of 3/31/94
29.0000
A2
Subscribers per Tier as of 3/31/94
9952.0000
A3
Subscriber —Channels per Tier [A1xA2]
288608:0000
A;QQQO::
:'Q:E1(1 ;
O:AD[10:
$tfiQ:
A4
Sum of Subscriber —Channels sum A3 col. a—e
288608:0(1E1fI
.:'•::'•s
s'
-""1
A5
Percentage of Sub. —Channels per Tier [A3/A4]
1;000U:
O.O1t04::..........
O;QQ
:... - :4 fl00¢:•0000
;
A6
Monthly Charge per Tier as of 3/31/94
$20.5600
A7
Subscriber Revenue per Tier [A2xA6]
$209;6:Y3:1204::
$0:000
$0:0000'
;
$D;0000
40:
A8
Total Subscriber Revenue sum A7 col. a—e
$204;61I ... (i;
°¢;?< .: ::::> :::::::::...::iisi:....
i:..............
r!'
i •,, ; • •i•
A9
Total Equipment Revenue as of 3/31/94
$11,000.0000
...............
;`t'• _- _ f_"�_=-
A10 Any Franchise Fees included in A8 or A9
$0.0000
All Total Regulated Revenue [A8+A9—A10]
S.21S;G13;1�fJ0:,.?'
rAl2
7Total Regulated Revenue per Sub. [All/A2 col. a]
Page 2 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, , .C. 20554
Approved by: OMB 3060-0601: Expires: 4/30/97
= If you indicated your March 31, 1994 CPS rates included all allowable external costs, an "X" will appear in the box to the left.
To change the status of this box, you must re -run the macro by pressing alt-m.
MODULE B: ADJUSTMENTS FOR CERTAIN EXTERNAL COSTS THROUGH MARCH 31, 1994
a EI c d
Lease Line eseri Lion ic Tier2 Tier 3 Tier 4 Tier 5
i]e
Beginning Date External Cost Data
B1 Enter the Beginning Date mm/dd/ See Instructions
02/28/94
'`' ''=' =`=-
B2 Programming Cost per Tier on Beginning Date
$37,145.0500
B3 Taxes per Tier on Beginning Date
$0.0000
B4 Franchise Related Costs per Tier on Beginning Date
$0.0000
B5 Total External Costs per Tier [B2+B3+B4]
$37i45:0500;
' 0 0000
$......
'$0-.0000::;
.................
• • • • • • . $0:0000;
B6 Subscribers per Tier on Beginning Date
10052.0000
B7 Avg. Ext. per Sub. per Tier on Beginning Date [85/136]
54;000�:
March 31, 1994 External Cost Data
B8 Programming Costs per Tier on 3/31/94
$37,039.8700
B9 Taxes per tier on 3/31/94
$0.0000
B10 Franchise Related Costs per Tier on 3/31/94
$0.0000
B11 Total External Costs per Tier [B8+B9+B10]
$b;6U09
$0i1
• $9•0:
B12 Subscribers per Tier on 3/31/94 [A2]
----- ----..
:::.....•9952.000
..
- - - - - - - --:0:0000::,
- , ;0:0000-
• • • • • , , , , O;DD00......
B13 Avg. Ext. Costs per Sub. per Tier on 3/31/94
S3 714-
$O:OOfifl::
SQ:QOQQ
$0.0000::
.f 40i1;
Change in External Costs
B14 Net External Costs per Sub per Tier [1313-137]
...........
.......
::::::: $fit+U26G:
....
461
$Op0000:
.5
J0:Q000: 50$Ek
B15 Net External Costs per Tier [B12 x B14]
$2Ct43¢$�::
$0;000(7=
-- — -
= 0,0000:
-
$0:.(ig00: $peOAP=
B16 Total Net External Costs [sum B15 col. a -el
$264:34$9
}�:•>• --------------------= ° °ifi�
s --
'iY - -
.•'li•3 >=====>=====>=====> 3 > {
hF - �; Y
'r'ii` ""'I' ??:.i$i•' A c,-- _
17 Avg. Change in Ext. Costs per Sub. 1316 B12 col. a
. SO:Q
B18 Current Rate without External Costs [Al2]Lt
1 Costs B17+B18
B19 Current Rate with External 7
$21:6919-:::-.::--,:
Page 3 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, D.C. 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
If you indicated you qualify as a "Small Operator" an " N' will appear in the box to the left, then skip Module C
Your
To change the status of this box, you must re —run the macro by pressing alt—m.
MODULE C: CALCULATING YOUR BENCHMARK USING MARCH 31, 1994 DATA
a b
c
d e
Liao
Line De ' Liao
Basic Tier 2
Tier 3 Tier 4 Tier 5
Cl
Channels per Tier as of 3/31/94 [Al]
29:0004:.
. •O:OOQ6.:
....:� 1i00(1'
' ......:4:QDpi}
- - - - -O UU00:
C2
Number of Regulated Non —Broadcast Channels per Tier
20.0000
C3
Subscribers per Tier as of 3/31/94 [A2]
- :: 9952.MQ
4:DQ00;
: O:000Q-
0:6606: _ ::Qom'
C4
Number of Tier Changes in Fiscal Year 93
0.0000
= i,
�!IRE_=?s
C5 Census Income Level
$40,515.0000
C6
Number of Additional Outlets in Fiscal Year 93
3967.0000
C7
Number of Remotes Rented in Fiscal Year 93
654.0000
C8
Number of System Subscribers
21165.0000
C9a
Were you part of an MSO on 3/31/94? (1=Y, 0=N)
YI' : ��-'•�k _}fFro` :Y:•`:I•;•:I,viYi:'):i"iYil---x�-.
• _= Y�
C9b Number of S —stems in MSO as of 3/31/94
7
C10 Benchmark Rate
COMPARISON OF MARCH 31, 1994 RATE WITH BENCHMARK RATE
If B19 (your 3/31/94 rate adjusted for external changes) is larger than C10 (your benchmark rate), skip Module D, and complete Module E.
If C10 (your benchmark rate) is larger than B19 (your 3/31/94 rate adjusted for external changes), complete Module D, and skip Module E.
....................
'f(QUR-CUF,RENT RAT : AVITH-"TA9NA 1C:OSTS IS A!$0VF,-TM PENCH*AXK:. - - - - - - - - - - - - --- -
...................
913t:MODULE. D. AND TO MObU1E 3 E. .................. .
Page 4 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, , .C. 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE D: RESTRUCTURED MARCH 31, 1994 RATES
a
TO BE COMPLETED IF LINE B19 < CIO
b c d
Line
Line Description
ilassc
Tier 2
Tier 3
----
Tier 4
- --------
Tier 3..
D1
Total Regulated Revenue per Sub. [line Al2]
:i0t-
-------
- - ---- ---
V�
D2
Monthly Equipment Cost per Sub. [From Form 12051
D3
Monthly Service Revenue per Sub. [D1 - D2]
........
....
..........
D4
Number of Subscribers per Tier as of 3/31/94 [A2]
�-70
..... .
Th/A
. ...............
.
D5
Total Regulated Service Revenue (D3 x 134, col. a]
................
-- --- -----
--- ---
--- ............
......
. . ........
D6
Percentage of Subscriber -Channels per Tier[AS]
.....
......
...............
.................
-----------
........
.
..........
..........
MAL
.........
-----------
D7
Regulated Revenue per Tier [D5 x D6, col. a-e]
................
..
......
...........
D8
Regulated Revenue per Tier per Sub. [D7/D4]
-7
-
- ------
...................
-:h
D9
Net External Cost per Tier per Sub. [B14]
f
- --------- —
---
D10
Restructured 3/31/94 Rates [D8 + D9]
Iva
If you completed Module D, go to Module F, and enter Line D10, columns a-e, on Line Fl.
MODULE E: RESTRUCTURED BENCHMARK RATES TO BE COMPLETED IF B19>C10
a b c d
Line Line Description Basic — ------------ Per 2 Tier 3. ------ Tier-4 .... Tier 5
El Benchmark Rate [C10]
E2 Monthly Equipment Cost per Sub. [From Form 1205] $0.9031 ....... .......
. . ...............
........ . . .
E3 Benchmark Rate minus Equipment Cost [El - E2] ... .... . ... M ............ .
...................
-------------------------- ------ ------ - -------- ---------- ------
...... ....... --- ------------- ......
--- ..... ...... .
E4 Number of Subscribers per Tier as of 3/31/94 [A2]
...... ....... . ... ...
---------------------------- ....... ........
...................
....... . . ....... .
E5 Total Regulated Service Revenue [E3xE4, col. a]
.............. ------- -------------- --
. ... . ............ . ...... ------------------ ------
.................
E6 Percentage of Subscriber -Channels per Tier [A5] f.o.b. .0
...........
. ... ...... .. ....
E7 Regulated Revenue per Tier [E5xE6, col. a -e] W4 54$;ZW Kgmo: $P:QNQ: • MOW I %P-M;
E8 Regulated Revenue per Tier per Sub. [E7/E4] So;9358T subdo: 50'.0000:W000:
If you completed Module E, go to Module F and enter Line E8, columns a - e, on Line Fl.
MODULE F: PROVISIONAL RATE
a b e d
Line Line Desetiption Basic Tier 2 Tier 3 Tier 4 Tier 5
----- - -- -- . ..................
L
F1 Provisional Rate per Tier 11.6�9!L - - w0wa ... 0:0 .... .... $Q-AOOQ 1 .......
------------
Page 5 Lotus 3.1 +;Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, —. . 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE G: CALCULATING YOUR FULL REDUCTION RATE USING SEPTEMBER 30, 1992 DATA
a b c d e
Line Line Deseri 4ian Basic Tier 2 'Pier 3 Tier 4 Tier 5
Gl Subscribers per Tier as of 9/30/92 9723.0000
G2 Monthly Charge per Tier as of 9/30/92 $18.2500
G3 Subscriber Revenue per tier [G1 x G21 $ 77;444:751i?; ;=:;:::::::;:$0;0000:::::::::.:•$0:0000• :: .............. :S0.6600•:
-------------------
G4 Total Subscriber Revenue [sum G3, col. a—e] $177;444:7S09-
G5 Total Equipment Revenue as of 9130/92 $26,132.0000--------------------------
w _• _•, % :; i,,
r,..
0.0000 Fees eluded in G4 or GS above $ _ G6 An Franchise Fe included
.............. _- - ��`........,.......,. i. ":--
_
G7 Total Regulated Revenue [G4+G5—G6]
y
G8 Avg. Regulated Revenue per Sub. [G7/Gl, col. a]
G9 Adjusted for 17%Competitive Diff. [G8 x .83] $17:3782� ' 1.� >r;. • �; =_ ___,, __-
G10 Avg. Reg. Rev. with Inflation to 9/30/93 G9 x 1.03 $1'%;�44�(� '�" I Fq ::•=_ =_' �"� "
w"
MODULE H: ADJUSTMENTS FOR CHANNEL CHANGES FROM SEPTEMBER 30, 1992 TO THE
EARLIER OF THE DATE OF INITIAL REGULATION OR 17FBRUARY 28.1994
a b c d e
Line Line DcwAiplion Basic Ticr 2 Tier 3 Tier Tier 5
September 30, 1992 Data
HI
Total Regulated Channels 9/30/92
28.0000
H2
Subscribers to the System as of 9/30/92
20515.0000
H3
Total Regulated Satellite Channels as of 9/30/92
17.0000
Data
from the Earlier of the Date oflnitial Regulation or February 28, 1994
H4
Enter the Start Date [See Instructions]:
02/28/94
H5
Total Regulated Channels
29.0000
H6
Subscribers to the System
21335.0000
H7
Total System Regulated Satellite Channels
17.0000
Adjustment for Channel Changes
H8
Adjustment Factor from Benchmark Formula
H9
Gross Full Reduction Rate [G10 x 148]
...... -------------------- - -------------
. ... . . .....
..... ... . . ....... . . .....
........ . ... . . ... ...
........... . . ......
. ... ... . ......
. . ... ... ... . .....
. .......
................. V.
............... . .......
.... .....................: .
y
Page 6 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, 20554 Approved by: OMB 3060-0601; Expires: 4/30/97
IMODULE I: RESTRUCTURED FULL REDUCTION RATE
a b e d e
Line Line De=i lion Bari. Tier 2 Tier 3 Tier 4 Tier 5
Il Gross Full Reduction Rate [H9] $iZ.9700: •, # ;.; �j ;; '•'': •f =-
I2 Monthly Equip. Cost per Sub. [From Form 1205] $0.9031 '•'' • • %>:; ,.:. __ _
------ j
, %`4•,•1�.'•,'<`�r:=i'='�-:-iei �� i�=i:=:=i:=:=iccn-�"
I3 Full Reduction Rate [I1-I2 11-7:066 ;i;i; > ' == = ¢___ ;:>::>::>::>:=>:=--------
.. ..
. .. .....
I4 Subscribers per Tier as of 3/31/94 [A2] . ..::0:0000:::::::::::::•0:0000 :: ::::::::0.0000::::::. .. OUOb.
ISRegulated Revenue I3 x I4 col. a 9 4
] :>
I
I6 Percentage of Subscriber -Channels [A5] :1;OOOU:: :: 6:1]Q0p E O OOOQ: •DA000- Axe'
I7 Regulated Revenue per Tier [I5 x I6 col. a -el Skb9 844 f095:O OilbO.: S0,0d0p .............. SDIOi30.
I8 Regulated Revenue per Tier per Sub. [I7/I4, col. a-e]
Data from the Earlier of the Date of Initial Regulation or February 28, 1994
----------------
I9 Enter Start Date mm dd see instructions 02/28/94 `i - - -- _ -
I10 Programming Cost per Tier at Start Date $37,145.0500
Ill Taxes per Tier at Start Date $0.0000
I12 Franchise Related Costs per Tier at Start Date $0.0000
I13 Total External Costs per Tier [IlO+Ill+I12] $37�ia$aF1S 1e • $0:0000:•: $O:.0000.. $0.0000:::::::
I14 Subscribers per Tier at Start Date 10052.0000
I15 Avg. Ext. Costs per Sub. per Tier at Start Date [Il3/I14](I: ; ry0:0000: - �:000Q .. rrU.f3000
Change in External Costs
I16 Avg. Ext. Costs per Sub. per Tier as of 3/31/94 [B13] :$D.QL1w: $010MO: 50:0000 f $f10000
I17 Net Externals per Tier per Subscriber [I16-I15] S0:0?66- • • •30 0000:.• • • • • •.: :•$0:0000. • $0-.0900: sI.0000;'
I18 Full Reduction Rate + Externals [I8+I17] :Sk7;0934.:: $0,[IUDO:: $O:OOfIQ: -- - - - - ::.:.$O A000:.:....... :$OI.0000.
Page 7 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, .... 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE J: COMPARISON OF PROVISIONAL RATE WITH FULL REDUCTION RATE
a b c d e
Line Line Description Basic Tier 2 Tier 3 Tier 4 Tier 5
Jl Subscribers per Tier as of 3/31/94 [A2]
_993?fl006.
0:0009
6660
- 4 0,0000
0.M00:
J2 Weighting Factor [J1 col. a—e / J1 col. a]
......:t:vv00
€: o:a�66
....-0.0000::
- - AA
... - ... - - :0,66M.
J3 Provisional Rate [F1]
Sk&9358;.
50;0000:
=- - - - - - - --$O:o00U:
- 5ti;0000:
, , --*9.pUOQ
A Weighted Provisional Rate [J2 x J31
: $16:9338
:::::::::: i ODD:.
$0:0000-
"I^ ;'
:::;
S0 0000: �-0OOfl
-
�r
J5 Aggregate Provisional Rate [sum J4 col. a—e]
$iG;93:5:8
j;<=:::---
r.r - - - - -
- - -ss - 4!: ssyr --=-- -------- -
J6 Full Reduction Rate [I18]
......
S0,0090
SD;0000::;
• • • • • • • ;�0.400p; • , 50:0000
J7 Weighted Full Reduction Rate [J6 x J21
$1/:0934
S0:OC1
B�slH36Q::
$R1:UQ0 : 5B9fl0:
J8 Aggregate Full Reduction Rate [sum J7 col a —el
;$17:0934
- ry3;hi,„rr;;�
COMPARE LINES J5 AND J8_
If J5 is larger than J8, enter the amounts from Line J3 (your provisional rate) in Line KI below.
If J8 is Inrjker than J5, enter the amounts from Line J6 our full redactionrate) in Line KI below.
MODULE K: MAXIMUM PERMITTED RATES BY TIER
Kl MAXIMUM PERMITTED RATES SI7:09 .. - - - .. .- - .: 6,tni::.........:. $U:�D_ :_:_::- -::WA .:::.:::TDB$:
........... ... ......
Note 1: The maximum permitted rate figures do not include franchise fees. The amounts billed to your subscribers will be the sum of the appropriate
permitted rate and any applicable franchise fee.
Note 2: The maximum permitted rate figures do not take into account any refund liability you may have. If you have previously been ordered by the Commission
or your local franchising authority to make refunds to subscribers, you are not relieved of your obligation to make such refunds regardless of whether
the permitted rate may be higher than the contested rate or your current rate.
CERTIFICATION STATEMENT
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good faith.
Name of the Cable Operator
Edmonds Cable Company
Date
06/13/94
President
Page 8 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, .... 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
FCC FORM 1205
DETERMINING REGULATED EQUIPMENT AND INSTALLATION COSTS
"EQUIPMENT FORM"
Community Unit Identifier (CUID) of cable system Date of Form Submission
WA-0099 06/15/94
Nameot tree Uperator
Edmonds Cable Compi
b .1 E g Addmss of Cahle
2225 Cotmrg Road
City
Eugene
Name and Title of person co3
Michael Keboe Controller
Telephone number
(503) 495-5611
Code
Name of tp l FranchlimgAutborAy
City of Edmonds
Mallissg Addmss of Local Franchising Auibority
250 5th Avenue N.
city State 2IP Cvdo
Edmonds A
1. This form is being filed: [Enter an "x" in the appropriate boa]
N—lin conjunction with FCC Form 1200, FCC Form 1220, or FCC Form 1225
Attach the completed FCC Form 1200, FCC Form 1220. or FCC Form 1225 to the front of this form.
OR
to order to fulfill FCC mles requiring an annual filing of this form
Enter the date on which you last filed this form �(mm/dd/yy)
Note: This should be the date on which the rates lastjustified, by using either FCC Form 393 or the priorfilmg of this form, were in effect.
2. Enter the date on which you closed your books for the fiscal year reflected in this form o6739193 muuddryy)
Note: This will indicate the end of the 12—month fiscal year for which you are filing this form.
3. Indicate the corporate status of your cable system [Enter an "e in the correct boa]
C—Corporation
X Subchapter S corporation
Partuerahip
Sole Proprietorship
Other [Pleaseexplam below]
Page 1 Lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, Lj.G. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
Box 1.
Specify: Other 1.
Specify: Orb er 2.
SCHEDULE B: ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
Salaries Otber 1. Other 2.
&Beaefits Su lies Utilities Other Taxes S c' below iLpn�bvlow)
A Annual Op. Expenses for Service Install. and Maiat of Equip. $124506.0000 $21,676.0000 $1,399.0000 $720.0000 $15,197.0000 $6,967.0000
B IDRAND TOTAL Isum of Line A entries] $170.667.0000
Box 2.
Specify: Other 1. Auto & Truck
Specify: Other 2. Converter
Page 2 Lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, tr.,;. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
SCHEDULE C: CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
A
]Equipment
Remote 1
Remote 2
Remote 3
Converter 1 I
Converter 2
Converter 3
Otbar u
B
otal Maintenance/Service Hours (Attach Explanation)
0.0000
80.0000
251.0000
605.0000
C
Total# of Units in Service
1560.0000
110.0000
345.0000
830.0000
D
Gross Book Value
$61,460.0000
$11,660.0000
$20.506.0000
$79.418.0000
E
AccurnulatedDepreciatiou
$61,460.0000
$11,660.0000
$6,857.0000
$32,451.0000
F
Deferred Taxes
*
et Book Value [D—(E+F)]
$0.0000
50.0000
$O.D000
$0.0000
f0.0M
$13,649.0000
546,967.0000
H
3rossed—Up Rate of Return [From Schad. A, Line H]
$0.1125
$0,0000
F• i,� :e::
$0.0000
$0.0000
$0.0000
$0.0000
$1,535.5125
$5,283.7875
I
PLeturn on Investment Grossed —Up for Taxes ]GxH]
7
Current Provision for Depreciation
$199.0000
$0.0000
$4,229.0000
$19,148.0000
K
Annual Capital Costs [I + J]
$0.0000
50.0000
$0.0000
5399.0000
50.0000
55,764.5125
$24,431.7875
L
GRAND TOTAL [sum of Line K entries]
$30,395.3000
Box 3.
SCHEDULE D: AVERAGE HOURS PER INSTALLATION
A Average Hours per Unwired Home Installation (attach an explanation)
B. Average Hours per Pre —Wired Home Installation (attach an explanation)
C Average Hours per Additional Connection Installation at Time of Initial Installation (attach an oxplanatlon)
D. Average Hours per Additional Connection Installation Requiring Separate Installation (attach an explanation)
E. Other Installation (byhow7ly1v):
Item 1. (Spcclfy)
Average Hours per Installation (attach an explanation)
Item 2. (Specify)
Average Hours per Installation (attach an explanation)
Item 3. (Specify)
Average Hours per Installation (attach an explanation)
Page 3 Lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, U.C. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
WORKSHEET FOR CALCULATING PERMITTED EQUIPMENT AND INSTALLATION CHARGES
STEP A —Hourly Sendce Char a
k
1 Total Capital Costs of Installation and Maintenance IScbeduleA.Box 1
317,451200n
2 Total Annual Operatinji Expensesfor Installation and Maintenance fSchedule B, Box 21
5170.667.0000
3 Total Capital Costs and Operating Expenses for Installation and Maintenance Line 1 + Liue 2 .
$188.11&2000
4 Customer Equipment and Installation Percentage attach an a laaation .
1.0000
5 Annual Customer Equipment Maintenance and Installation Costs. Excluding Costs of Leased Equipment Line 3 xLine 41
SIA 2=
li Total Labor Hours for Maintenance and Installation of Customer E ui meat and Services attachexplanation)
8251.0000
7 HourJ Service C3iar a HSC Line SILine 6
522.7994
METHOD OF BILLING FOR INSTALLATIONS (place an "x" in the appropriate bax)
X Installations billed by the hour based on the HSC calculated in Line?.
lutilkilgan Wad a a itandard cha
STEP B. Installation Charge
8 Uniform HSC for all installations From Ste A. line? 522-7994
OR
9 Average Charefor Installation Types
a. Unwired Home Installation
al. HSC fLin. 71 522.799d'
a2. Averngoliouls nerUnwired Home Installation Schedule D. Line A OAODO <
a3. ChaLse per Unwired Home Installation fal x a2 n+•
b. Pre—adred Home Installation
bl. HSC Line 7
522.7994 =:=
b2. AveEMeHours perPre —wired Home Installation Schedule D, Line B
0.0000
W. Charge perPre — wire d Home Installation 1xb2 af+
a Addition aI Connection Installation at Time of Initial Insta➢ation
cl. HSC fUre, 71
a Avers eHours porAdditiouni Connection Installation at Time of Init. Install. fSchedule D, Line C
M-7994 •; ;;F '3
0.0000 •� �'
r,3. Chit rpa perAdditional Connection Installation at Time of Snitlal InMLbLtl0njyLxC2l a4
d. Additional Connection Installation Requiring Sa arate Installation
dL HSC UAw 31 M,7994�;� • 2%2 2;�+��Jfy �•.
d2 Av Hours rAdditiona] Connection Installation Reg. Separate Installation Schedule D. Liu. D 0.0000 '•`'z''�^`'•"'``�i
d3. Charge per Additional Connection Installation Requiring Separate Installation[di xd2l oe
e. Otherinstallatioas fAss cified in Schedule D, Line E):
el. HSC Line 7
$22.7994
e2. AVera a Hours per Installation of Item 1 fScbedule D, Line E, Item 11
O.f1000 Am
O.Cbargoper Installation of Item 1 fel x e2
e4. HSC fLin. 71
522.7994
e5. Avenge Hours per Installation of Item 2 ISchedule D, Line E, Item 2
0.0000
e6. Char e per Installation of Item 2 e4 x e5 ■
e7. HSC fLine 7
$22.7994 • •�;s
e8. Avara a Hours r Insta➢anon of Item 3 ISchodule D, Line E, Item 3
___ 0.0000 k� <� •;` •''••5:
e9. Char e per Installation of Item 3 fe7 x e8 a
Page 4 Lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, U.C. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
STEP C. Charges for leased Remotes
Calculate separately for each significantly different
a
Remote 1
b
Remote 2
c
Remote 3
10 Total Maiutceaa Service Hours lCorrespording column from Schedule C. Line BI
OA000
0,0000
Q000O-
11 HSC Line 7
$22-7994
$22.7994
522.7994
12 Total Maintenance/ServiceCost ILine10xLine Ill
SWOOPCI
3=00
50.0000
13 Annual Capital Costs [Correspondiagoolumn from Schedule C, Line KI
MODO0
S.A0000
50.0000
14 Total Cost of Remote Line 12 + Line 13
$0.0000
$10.0000
f0.O000
15 Number of Units in Service lCorreWonding column from Schedule C, Line Cl_
A0000
0.0000
0.0000
16 Unit Cost fLine 14/Line 151
MONO
I S&DOW➢•
17 Rate r MnnIh Line 16/ 12
0.00001
$0,0wa
STEP D. Charges for leased Converter Boxes
Calculate separately for each sW ificantly different
a
Caoverter]
b
Caavetter2
c
Converter3
lg Total Maintenaure/SomiceHours [Correspondin column from Scbedule C Line BI
0.0000
90.0000
251.0000
19 HSC fLine 71
5217994
522.7994
$22.7994
20 Total Maintenance/Service Cost fLine 18 x 19
$MO➢p
$JW.95S4
55.721660J
21 Annual Capital Costs fCorresponding column from Schedule C, Line K
$199.0000
S➢.ODOO
15,764.5125
22 Total Cost of Converter Line 20+ Line 21
$199.0000
$1823.9554
$11.487.1726
23 Number of Units in Service [Corresponding column from Schedule C. Line C
1560A000
110.0000
345.0000
24 Unit Cost Line 22/1.ine 23
0.1276
3.2962
25 Rate per Month JLino 24/ 12
G
.7747
26 Total Maintenance/Service Hours
27 HSC rLine 71
29 Anuua] Ca ital Costs 'Corresponding column from Schedule C. Line K 524,411,7675
30 Tota] Cost of E ui vent Line 28+Line 29 � .4502
'Al Number of r mite in Service fCorresmndine column from Schedule C. Line Cl 930.0000
33 Rate per Month Line 32 /
METHOD OF BILLING FOR CHANGING SERVICE TIERS OR EQUIPMENT ]place an "x" in the appropriate box]
as a Nominal Charge (Enter the nominal charge in Line 34)
X as a Uniform Hourly Service Charge
a-auu Awyjt,�,cn --- (Enter the Avoca pq Rau Tion En In* b.
STEP F. Charges for Changing Service Tiers or Equipment
34 Nominal Charge for Changing Service Tiers _
if you use an escalating scale of charges, place an'Lx" in the box at the right.
OR
35 Uniform Hourly Service Char e
OR
36 Average Charefor Changina Service Tiers
36a. HSC Line 7 $22.7.994
36b. Average Hours to Change Service Tiers
36c. Avenge Charge for Chan&inA Service Tiers fLine 36a x Line 36b n;a
Page 5 Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, _ 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
WORKMEET FOR CALCULATING TOTAL EQUIPMENT AND INSTALLATION COSTS
1 Total Ca itel Costs of Installation and Maintenancs Schedule A. Box 1
Sk7 iSi:7ASB
2 Total Annual O ratio nsesforInstallationandMaintenance Schedule B. Box 21
L s1x0wAEg0
3 Total Annual Ce Qal Costs of Installation and Maintenaara Line 1 +Line2l
110141,1UM
4 Customer E ui meut and Installation Percentaa�(attacb explanation).
1.0000
5 Annual CustmBrEpipment Mainteaance and Installation Costs. Excludtal Costs of Leased E ui want
k n
Line 3 x Line 4
_
6 Total Capital Costs of Leased Customer Eu' ment fSchaduleC,Box 3
s3g395.3000
7 Annual Custo .TRquiproant andlnstallstion Costs Line 5 + Line 6
SEka L3S000
8 Percentage Allocation to Franchise Area seeiustmctions
_ 0.4706
9 Allocated Annual E ui meat and Installation Cost Line 7 x Line 8
$IOiEW%7
10 Monthly Eguil2merit and Installation Cost ILIne 9 / 12
S8,569.4663
11 Numberof Basic5uhscribersin Fmncbise
9774.0000
.12 Month] E ui meat and Installation Cost r Subscriber Line 10 / Line 11
$0.8768
A Inflation A 'ustment Factor fSee Instructions
1.0300
14 Adjusted Monthly Equipment and Installation Cost per Subscriber Line 12 x Line 131
50.9at
Page 6 Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
SUMMARY SCHEDULE
Current Equipment and Installation Rates
Permitted
Actual
1. Charges for Cable Service Insta➢ations
a. Hourly Rate [Step A, Line 71
S22.80
b. Average Installation Charges:
1. Installation of Unwired Homes [Step B, Line 9a3
n/a
$39.95
2. Installation of Prewired Homes (Step B, Line 9b3j
We
$39.95
3. Installation of Additional Connections at Time of Initial Installation Step B, Line 9c3]
n/a
$15.00
4. Installation of Additional Connections Requiring Separate Instal] Step B, Line 9,131
$39.95
5. Other Installations specify Step B, Lines 9e3, 9c6, 9e9
a.
b.
EVA
C
2 Monthly Charge for Lease of Remote Controls [Step C, Line 17, columas a-c]
Remote Control Type 1:
$0.00
Remote Control Type 2:
$0.00
Remote Control Type 3:
$0.00
.
3 Monthly Charge for Lease of Converter Boxes IStep D. Line 25. columns a-c
Converter Box Type 1:
$0.01
$3.00
Converter Box Type 2:
$1.36 1
$4.50
Converter Box Type 3:
$2.771
$5.50
4 Monthly Charge for Lease of Other Equipment Step E, Line 33
O.orE ui ment S c'
$3.941
$6.50
5 Charge for Changing Tiers if any Step F, Line 34.35 or 36c
S27-90
$0.00
LABOR COST AND POLICY CHANGES
Indicate your answer to the following three questions by placing an'SK" in the appropriate box
1. Have you included the labor costs associated with subscriber cable drops in your charges for initial installation?
YES
X NO
2. Have you capitalized the labor costs associated with subscriber cable drops?
B YES
NO
3. If you have filed this form before, have you changed any policy, e.g., cost accounting or cost allocation that causes an increase in the costs
included in the computation of equipment and installations charges?
YES (You must attach a full explanation)
NO
CERTIFICATION STATEMENT
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
I cu that the statements made in Wo form ■re true and correct to the best of my knowlod o and boliet; and ate mado in good lai .
Name of the Cable Operator Signature
Edmonds Cable Company
Date Title - - - - -
06/13/94 President
Page 7 Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
EDMONDS CABLE COMPANY
Form 1215
City of Edmonds Franchise
-------------------------
The information on this and the following pages comprises the data
required by the FCC instructions for Form 1215. Below are the
references to the specific insructions.
2) Channel lineups for each tier of service. There is only
the Basic tier of service, please see pages 2A & 2B for
the attached lineup of those channels as of March 31,
1994 and April 1, 1993. Pay Channels are separately noted
as Premium. The Company has no financial interest in any
of those channels.
3 & 4) Please see page 3 for the information requested in these
two instructions.
5 & 6) Please see page 4 for the information requested by this
instruction.
PAGE 1
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective April 1,1993
Ch.
Service
Description
2............
The Disney Channel ..............
Premium Service
3 ............
ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5 ............
KING-5......................................
NBC -Seattle
6 ............
K17ZZ-22 ....................................
Ind -Seattle
7............
KIRO-7.......................................
CBS -Seattle
8............
Headline News .........................
Updated News
9 ............
KCTS-9.......................................
PBS -Seattle
10 ............
A&E............................................
Arts / Documentaries
11............
KSTW-11 ...................................
Ind -Tacoma
12............
KVOS.........................................
Ind -Bellingham
13 ............
KCPQ-13....................................
Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15 ............
CNN ...........................................
24-Hour News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19 ............
QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23............
USA ............................................
Variety/Sports
24............
The Family Channel ................
Family Programs
25............
Discovery ..................................
Science/Nature
26 ............
MTV ...........................................
Music
27............
CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon .............................. Kid's/Vintage TV
29 ............ The Weather Channel .............. 24-Hour Weather
30............ KTBW-20...................................
Ind -Tacoma
31............ TNT ............................................
Movies / Sports
32............ Prime Sports NW ..................... Regional Sports
33 ............ C-SPAN..................................... US House of Reps
Page 2A
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective March 31,1994
Ch.
Service
Description
2............ The Disney Channel ..............
Premium Service
3 ............ ESPN..........................................
24-Hour Sports
4............ KOMO-4....................................
ABC -Seattle
5 ............ KING-5......................................
NBC -Seattle
6 ............ KTZZ-22....................................
Ind -Seattle
7............
KIRO-7.......................................
CBS -Seattle
8 ............
Headline News .........................
Updated News
9 .........:..
KCTS-9.......................................
PBS -Seattle
10 ............
A&E............................................
Arts / Documentaries
11............
KSTW-11...................................
Ind -Tacoma
12............
Lifetime .....................................
Women's/Self-Help
13............
KCPQ-13....................................
Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15 ............
CNN ...........................................
24-Hour News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19 ............
QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23............
USA ............................................
Variety/Sports
24............
The Family Channel ................
Family Programs
25............
Discovery ..................................
Science/Nature
26............
MTV ...........................................
Music
27............
CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29 ............
The Weather Channel ..............
24-Hour Weather
30............
KTBW-20...................................
Ind -Tacoma
31............
TNT ............................................
Movies/Sports
32 ............
Prime Sports NW .....................
Regional Sports
33 ............
C-SPAN.....................................
US House of Reps
34............ KBTC-28.................................... PBS -Tacoma
Page 2B
APRIL 1, 1993
CITY OF EDMONDS COUNTS RATES
MARCH 31, 1994
COUNTS RATES
DISNEY
292
11.95
476
6.95
HOME BOX OFFICE
541
13.95
446
13.95
SHOWTIME
237
13.95
280
13.95
THE MOVIE CHANNEL
47
13.95
48
13.95
DIS/ST
61
19.95
51
17.95
DIS/TMC
6
19.95
9
17.95
HBO/DIS
92
19.95
97
19.95
HBO/ST
370
19.95
395
19.95
HBO/TMC
57
19.95
51
19.95
TMC/ST
28
19.95
27
19.95
DIS/TMC/ST
4
25.95
4
25.95
HBO/DIS/ST
68
25.95
77
25.95
HBO/DIS/TMC
13
25.95
10
25.95
HBO/TMC/ST
71
25,95
70
25.95
HBO/DIS/TMC/ST
62
31.95
59
31.95
Page 3
EDMONDS CABLE COMPANY
Form 1215
City of Edmonds Franchise
-------------------------
Instruction No. 5:
--------------------
Describe any equipment necessary to receive a la carte channels or
a package of a la carte channels.
No equipment is necessary to receive the above mentioned channels.
This was true at both April 1, 1993 and March 31, 1994.
Instruction No. 6:
------------------
Describe any upgrade or downgrade charge you assess for adding or
dropping an a la carte channel or package of a la carte channels.
There is an upgrade charge of $29.95, there is no downgrade charge.
This was true at both April 1, 1993 and March 31, 1994.
PAGE 4
CHAMBERS
COMMUNICATIONS
CORP.
March 14, 1994
Paul Mar, Director
City of Edmonds
Community Services Department
250 5th Avenue, N.
Edmonds, WA 98020
Dear Mr. Mar:
MAR 2 1 1994
COWMIUMTY SERVICES
DIRECTOR
Enclosed please find form 393 from Edmonds Cable Company, for our City of Edmonds
Franchise. If you have any questions please call.
Sincerely yours,
Sylv Sycamore
Senior Vice President
Policy, Planning & Administration
enc.
SS/mf
2225 COBURG RD, - PO. BOX 7009 EUGENE, OR 97401 (503) 485-5611
raddi+ C---..ratan.. cA-..d.
W-#J,Ml«i. D. C. 20554
AppaOMA
xwosrt
tad "t3W%
FCC 393 - PART 1
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Identification Code
Date
WA-0099
2/28/94
Name of table Operator
Edmonds Cable Company
Mailing Address
2225 Coburg Road,
city Eugene
Eugene
OR
ZIP Code
97401
Person to contact regarding this form: Sylvia Sycamore
Telephone
Fax Number
11(503
( 503)485-5611
)342-1568
Local Franchising Authority
City of Edmonds
Mailing Address
250 5th Ave N.
City State ZIP Code
Edmonds WA 98020
This form is being filed with respect to: (check one)
abasic rate regulation or
cable programming service rate regulation
If this form is beirig filed in response to a complaint about your cable programming service rates, please attach a copy of the
complaint io this cover sheet.
The following sections are to be completed after you have filled out the worksheets in PARTS II and III and
calculated your actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIPMENT
Proeram Service Rate
(1) Number of channels on basic service tier:
29
(2) Current rate for basic service tier. (do not include any franchise fees)
$ 20.56
(3) Maximum permitted per channel rate: (from Line 600, Part Iq
S 0.71
(4) Maximum permitted rate for basic service tier (exclusive of any franchise fee):
(multiply (1) by (3) above)
20.60
$
NOTE: If your current rate for the basic service tier (entry 2) exceeds the maximum permitted rate for that tier (entry 4), you must
submit a cost -al -service showing or your basic service rate will be reduced to the maximum permitted level shown in entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the basic service tier to the
maximum permitted level. Whether you itemize them or not, any franchise fees you pay for the basic service tier should be added
to your monthly rate as part of the service when billing your subscribers. See 47 C.F.R. Section 76.98S.
FCC 393 (Page 7)
August 1993
FCC 393, Part 1, Page 2
EQUIPMENT AND INSTALLATION RATES
NOTE: Your equipment and installation rates for the basic '"vice tier must not be included in your program service rate for iisa[
lien, but rather must be comp{eldy unbund(cd In addition, those equipment and installation rates must not exceed your actual
costs, including a reasonable profit. The method for unbundling your equipment and installation rates from the basic service
PParl III rogramming rate, and far determining your permitted equipment and installation rates, is prescribed in Part tl (unbundling) and
actual basic iervice�equipment of ts form. d in"la! oin ncharges aces y n t exceed thow the Tate eserates,allh g theyou have ated may in
lower! of this farm. Your
(1) Charges for basic service installations• (from Lines 6 or 7 of Equipment and Installation PERMITTED ACTUAL
Worksheet)
(a) Hourly rate: OR
$ 280 $
(b) Average installation charges:
(1) Installation of unwired homes $
f
(2) Installation of prewired homes $
S
(3) Installation of additional connection at time of initial installation f
$
(4) Installation of additional connection requiring separate installation $ $
(5) Other installations (specify):
Item 1.
1f
$
Item 2.
$
$
(2) Charge for changing tiers (if any) (from Line 29, 30 or 31 of Equipment and Installation
Worksheet)
(3) Monthly charge for lease of remote controls (from Line 14 in Equipment and In stallation
f
S
Worksheet)
Remote control type 1:
$
S
Remote control type 2:
$
S
Remote control type 3:
f
f
(4) Monthly charge for lease of converter boxes (from Line 21 in Equipment and Installation
Worksheet)
Converter box type 1:
$ 0.01
$3.00
Converter box type 2:
51.38
$4.50
Converter box type 3:
$ 2.78 S 5.50
(5) Monthly charge for lease of other equipment (from Line 28 in Equipment and Installation
Worksheet)
0
Other equipment (specify): Converter Box 4
f 3.84 $6.50
p you have further charges for additional connecItons beyond those reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment
Instructions in Part III of this farm. q pment and Installation Worksheet
FCC 393 (race Q
A.g.0 1993
FCC 393 , Part 1, Page 3
FOR CABLE PROGRAMMING SERVICE RATES AND EQUIPMENT
Program Service Rates
NOTE If you have mare than one cable programming service tier, attach additional sheets with the following information for each
tier and provide brief dtscriptio^ of the tier.
(1) Number of channels on cable programming service tier.
(2) Current rate for cable programming service tier. (do not include any franchise fees) $
(3) Maximum permitted per channel rate: (from Line 600, Part IU $
(4) Maximum permitted rate for cable programming service tier (exdus'nre of any franchise fees):
(multiply (1) by (3) above) S
NOTE~ If your current rate for the cable programming services tier (entry 2) exceeds the maximum permitted rate (entry 4), you
must submit a costof-&ervice showing or your cable programming service rate will be reduced to the maximum permitted level
shown in entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the cable ogramming service tier
xi to the mamum permitted level. Whether you itemize them or not, any franchise fees you par for the cable programming service
lien should be added to your monthly rate as part of the service charge when billing your subs¢rber;. See 47 C.F.R. Section 76.985.
Equipment and Installation Rates
NOTE: if equipment used for cable programming service is also used to receive the basic tier, then it must be included in basic
service equipment. 5imil.ady, if an installatiosr involving cahie programming services also involves the basic service tier, it must be
included in basic service installations. We anticipate that virtually all equipment and installations will involve the basic service tier
and there wilt thus be no need to complete this part of the cover sfrcer- however, if you least equipment and/or provide some
installation -related service that involves ONLY your cattle programming services, you should complete the following section.
As for basic service, your equipment and installation rates for cable programming service must not be included in your program
service rate, but rather must be completely unbundled. In addition, those equipment and installation rates must not exceed your
actual costs, including a reasonable profit The method for unbundling your e4juipment and installation rates from cable
programming service rates, and for determining your permitted equipment and instal [at ion rates, is prescribed in Part II (unbundling)
and Part III (rate -setting) of this form. Enter in the spaces below the rate figures you have calculated in Part III of this form. Your
actual cable programming service equipment and installation charges may not exceed these rates, although they may be lower.
Permitted
Actual
(1) Charge(s) for cable programming service installations' (from Lines 6 or 7 of Equipment
and Installation Worksheet)
S
$
(a) Hourly rate OR
$
$
$
$
(b) Average installation charges:
1. Installation of unwired homes
2. Installation of prewired homes
$
$
3. Installation of additional connection at time of initial installation
$
S
4. Installation of additional connection requiring separate installation
$
$
5. Other installations (specify)
$
S
(2) Charge for changing tiers (if any) (From Line 29, 30 or 31 of Equipment and
Installation Worksheet)
S
$
*If you have further charges for additional connections beyond those reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment and Installation Worksheet
Instructions.
FCC 393 Rare 5)
AvrvA 1993
FCC 393, Part 1, Page 4
Permitted Actwl
(3) Monthly charge for lease of remote controls (from Line 14 in Equipment and Installation
Wo&heet)
$ S
Remote control type 1:
Remote control type 2:
$
$
Remote control type 3:
$
$
(4) Monthly charge for lease of converter boxes (from Line 21 in Equipment and Installation
Worksheet)
Converter box type 1:
$
S
Converter box type 2:
$
$
Converter box type 3:
$
$
(5) Monthly charge for lease of other equipment (from Line 28 in Equipment and Installation
Woricsheet)
$
S
Other equipment (specify):
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(US. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION S03).
1 certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good
faith.
Name of Cable Operator
Signature
Edmonds Cable Company
Date
Tittle
2/28/94
President
FCC 393 (rare Q
Augo ( 1993
FCC 393, PART II
WORKSHEETS FOR CALCULATING MAXIMUM INITIAL PERMITTED RATE PER CHANNEL FOR
BASIC TIER OR CABLE PROGRAMMING SERVICE
Cable Operator Name:
Edmonds Cable Company
munity Unit ID (CUID): WA-0099
2/28/94
Franchise Authority: This form is
City of Edmonds b hingk oled)for Basic Tier Cable Programming
ri Service
Worksheet 1
Calculation of Rates in Effect on Initial Date of Regulation and Benchmark Comparison
Line
Line Description
Instruction
A
Basic
B
Tier 2
C
Tier 3
D
Tier 4
E
Total
101
Tier Charge (Monthly)
Enter for all tiers offered
$20. 56
$
$
S
102
Tier Channels
Enter for all tiers offered
29
103
Tier Subscribers
Enter for all tiers offered
9,893
104
Equipment Revenue (Monthly)
Enter in Basic Column only
$9 , 138,
105
Charge Factor
(Line 101 x Line 103) + 104A
212,538
212,538
106
Channel Factor
Line 102 x Line 103
286,897
I
286,897
107
Charge per Channel
Line 105E / Line 106E
$0. 741
108
Franchise Fee Expense (Monthly)
Enter only fees Included in Line 101 charges (See Worksheet Instructions)
S
109
Franchise Fee Deduction
Line 108E / Line 106E
S
110
121
Base Rate per Channel
Benchmark Channel Rate
Line 107E - Line 109E
Enter from Attachment A, Benchmark Cable Rate Tables
S 0.741
S 0.713
122
GNP -PI (Current)
Enter from Survey of Current Business, Table 7.3, Line 5, most recent quarter
126.2
123
Inflation Factor
(Line 122E / 121.8) - 1 [121.8 — 3rd Quarter 1992 GNP -PI)
0,036
124
Adjustment Time Period
Enter number of months from 9/30/92 to date of current rate
17
125
GNP -PI Time Period
Enter number of months from 9/30/92 to the end of most recent GNP -PI quarter
12
126
Time Factor
Line 124E / Line 125E
1.417
127
Inflation Adjustment Factor
(Line 123E x Line 126E) + 1
1.051
128
Adjusted Benchmark Rate
Line 121E x Line 127E
$ 0.750
FCC 393, Part II, Page 2
Cable Operator Name: Community Unit ID (CUID): WA-0099
Edmonds Cable Company
Date: 2/28/94
Franchise Authority: This form is
City of Edmonds being filet! for El Basic Tier � Cable Programming
(check one); Service
Worksheet 2
Calculation of Rates in Effect on September 30, 1992 and Benchmark Comparison
Line
line Description
Instruction
Basic
BA
B
Tier 2
C
Tier 3
D E
Tier 4 Total
201
Tier Charge (Monthly)
Enter for all tiers offered
$
S
S
S
202
Tier Channels
Enter for all tiers offered
203
Tier Subscribers
Enter for all tiers offered
204
Equipment Revenue (Monthly)
Enter in Basic Column only
$
205
Charge Factor
(Line 201 x Line 203) + 204A
206
Channel Factor
Line 202 x Line 203
207
Charge per Channel
Line 205E / Line 206E
S
208
Franchise Fee Expense (Monthly)
Enter only fees included in Line 201 charges (See Worksheet Instructions)
$
209
Franchise Fee Deduction
Line 208E / Line 206E
S
210
220
Base Rate per Channel
Benchmark Channel Rate
Line 207E - Line 209E
Enter from Attachment A, Benchmark Cable Rate Tables
$
S
If Line 210E is less than or equal to Line 2201c, go to Worlsheet 3 and enter Line 220E on Line 300.
If line 210E is greater than Line 220E, go to Llne 230.
230
Reduced Base Rate per Channel
Line 210E x 0.9 [ten percent reduction]
$
Enter greater of Lines 220E and 230E on Worksheet 3, line 300.
FCC 313 (Pare 81
FCC 393, Part Il, Page 3
Cable Operator Name:
Edmonds Cable Company
Franchise Authority:
City of Edmonds
Community Unit ID (CUID): WA-0099
)ate: 2128194
This form is
being filed for Basic Tier
(check one): 11
Worksheet 3
Removal of Equipment and Installation Costs
ElCable Programming
service
Line
Line Description
Instruction
300
Base Rate per Channel
Enter from Worksheet 1 (Line 1 10E) or Worksheet 2 (Line 220E or 230E)
$0. 741
301
Equipment & Installation Cost (Monthly)
Enter from Line 34 of Equipment Worksheet (Step G)
$8 780
302•
Channel Factor
Enter from Worksheet 1 (Line 106E) or Worksheet 2 (Line 206E)
286,897
303
Cost per Subscriber -Channel
Line 301 / Line 302
$0. 031
304
Base Service Rate per Channel
Line 300 - Line 303
$0. 710
If Line 300 was entered from Worksheet 1, go to Line 600 and enter Line 304.
If Line 300 was entered from Worksheet 2, go to Worksheet 4.
Worksheet 4
Adjustment for Inflation
Line Line Description Instruction
400 Base Service Rate per Channel Enter from Worksheet 3 (Line 304)
S
401 Inflation Adjustment Factor Enter from Worksheet 1 (Line 127E)
402 Adjusted Base Service Rate per Channel Line 400 x Line 401
S
Worksheet 5 should be completed if Line 121E is different than Line 220E.
If Line 121E is the same as Line 220E, go to line 600 and enter Line 402.
Worksheet 5
Adjustment for Changes in Number of Regulated Channels
Line
Line Description
Instruction
500
Adjusted Base Service Rate per Channel
Enter from Worksheet 4 (Line 402)
S
501
Benchmark Channel Rate (Baseline)
Enter from Worksheet 2 (Line 220E)
$
502
Benchmark Channel Rate (New)
Enter from Worksheet 1 (Line 121 E)
S
503
Channel Adjustment Factor
(Line 502 - Line 501) / Line 501
504
Channel Adjusted Base Ser. Rate per Chan.
Line 500 x 0 + Line 503)
S
If Worksheet 5 was used, enter Line 504 on Line 600.
600 Maximum Initial Permitted Rate Enter from Line 304; 402, or 504.
per Channel s 0.710
FCC FORM 393 — PART 11.
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
Cable Operator Name:
Edmonds Cable Company
Community Unit ID (CUID)- WA-0099
Date
2/28/94
Franchise Authority.
Thy (,,r, is bang ® ❑ Cable Proarammin
filed for (c ve6 one) Basic Tier
City of Edmonds
service
J.
LINE 1. Annual cost of maintenance and installation of cable facilities and servioes (exclude purchase
cost of customer equipment) (Box 1 of Schedule A + Box 2 of schedule B)
$ 188, 118
LINE 2. Customer equipment and installation percentage (attach explanation)
100.0 %
LINE 3. Annual customer equipment maintenance and installation costs, excluding cost of (eased equipment
(Line 1 x Line 2)
$188, 118
LINE 4. Total labor hours for maintenance and installation of customer equipment and service (attach explanation)
8,251 hrs.
LINE S. Hourly service charge (HSQ (Line 3 / Line 4)
$ 22.80 /hr.
STFP R_ Indallatinn Charrr_e
LINE 6. Uniform HSC for all installations (insert amount from Line 5)
$ 22.80
OR
$
LINE 7. Average charge for installation type (see Schedule D for average installation charge calculations)
a. Unwired home installation (Schedule D, Line a.2.)
b. Prewired home installation (Schedule D, Line b.2.)
$
c. Additional connection installation at time of initial installation (Schedule D, Line c.2.)
$
d. Additional connection installation requiring separate installation (Schedule D, Line d.2.)
$
e. Other installations (specify): (Schedule D, Line e.2.)
Item 1.
S
Item 2.
S
STEP C. Charges for Leased Remotes (� Iculat separately for each significantly different type and
attach additionalsheets as necessary)
LINE 8. Annual capital costs (Column ) of Schedule Q
$
LINE 9. Total maintenance(service hours (attach explanation)
hrs.
LINE 10. Total maintenancelservice cost (Line S x Line 9)
$
LINE 11. Total cost of remote (Line 8 + Line 10)
$
LINE 12. Number of units in service (Column I of Schedule Q
LINE 13. Unit Cost (Line 11 / Line 12)
S
LINE 14. Rate per month (Line 13 / 12 months)
S /mo•
FCC "I trace 25)
August 1»3
FCC 393, Part III, Page 2 (page 1 of 4 )
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary) Type 1
LINE 15. Annual capital costs (Column) of Schedule Q
s
199
LINE 16. Total maintenancetservice hours (attach explanation)
hrs.
LINE 17. Total maintenancelservice cost (Line 5 x Line 16)
S
LINE 18. Total cost of converter box (Line 15 + Line 17)
S
199
LINE 19. Number of units in service (Column I of Schedule Q
1,560
LINE 20. Unit cost (Line 18 / Line 19)
s
0.13
LINE 21. Rate per month (Line 20 / 12 months)
$
0.01 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column J of Schedule Q
S
LINE 23. Total maintenance/service hours (attach explanation)
hrs.
LINE 24. Total maintenancelservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column I of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27 / 12 months)
$ /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR
$
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR
S
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers)
$
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q
$218 , 514
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method.
105,364
$
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301.
s 8,780
FCC 393 (Page 261
Aug-f 1993
FCC 393, Part Ill, Page 2 (Page 2 of 4 )
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary) Type 2
LINE 15. Annual capital costs (Column) of Schedule Q
S
LINE 16. Total maintenancefservice hours (attach explanation)
80 hm.
LINE 17. Total maintenancdservice cost (Line 5 x Line 16)
S1,827
LINE 18. Total cast of converter box (Line 15 + Line 17)
S 1,827
LINE 19. Number of units in service (Column I of Schedule Q
110
LINE 20. Unit cost (Line 18 / Line 19)
S 16.61
LINE 21. Rate per month (Line 20 / 12 months)
$
1.38 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column J of Schedule Q
$
LINE 23. Total maintenancetservice hours (attach explanation)
hrs.
LINE 24. Total maintenancelservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 12 + Line 24)
$
UNE 26. Number of units in service or number or subscribers (Column 1 of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27/ 12 months)
$ /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR ! $ 1
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR Is
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) S
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q $
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. $
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301. $
KC 393 (Page 261
August 1993
FCC 393, Part fit, Page 2 (page 3 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets -as necessary)
3
LINE 15. Annual capital costs (Column) of Schedule Q
S 5,765
LINE 16. Total maintenance(service hours (attach explanation)
251 hrs.
LINE 17. Total maintenance/service cost (Line 5 x Line 16)
S 5,729
LINE 18. Total cost of converter box (Line 15 + Line 17)
$11, 49 4
LINE 19. Number of units in service (Column I of Schedule Q
345
LINE 20. Unit cost (Line 18 / Line 19)
S 33.32
LINE 21. Rate per month (Line 20 / 12 months)
$ 2. 7 8 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column J of Schedule Q
$
LINE 23. Total main tenancelservice hours (attach explanation)
hrs.
LINE 24. Total maintenance/service costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
S
LINE 26. Number of units in service or number or subscribers (Column I of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27112 months)
S /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR I $
I LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR Is
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) Is
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q ! 3
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. 1 $
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301. I $
FCC 393 (Page 26)
August 1993
FCC393, Part III, Paget (Page 4 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary)
Converter Box
LINE 15. Annual capital costs (Column) of Schedule Q
s
24,432
LINE 16. Total maintenancefservice hours (attach explanation)
605 hrs.
LINE 17. Total maintenanoelservicecost (Line 5 x Line 16)
s
13,784
LINE 18. Total cost of converter box (Line 15 + Line 17)
$
38,216
LINE 19. Number of units in service (Column I of Schedule Q
830
LINE 20. Unit cost (Line 18 / Line 19)
s
46.04
LINE 21. Rate per month (Line 20/ 12 months)
s
3. 84 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column ) of Schedule Q
S
LINE 23. Total maintenance/service hours (attach explanation)
hrs.
LINE 24. Total maintenancetservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column 1 of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27112 months)
$ /coo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR I $
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR I $
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) I $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q I $
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. 1 $
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worlcsheet 3, Line 301- I $
FCC 393 (Page 26)
August 1993
SCHEDULE A
CAPITAL COSTS OF SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
G
Txps
H
Equipment
B
Gross Book
C
Accumulated
Depreciation
D
Deferred Taxes
E
Net Book
B-(C+D)
F
Return on
Investment
Federal
Income
State
Income
Current
Provision for
Depreciation
TOTAL
(add F, G, H)
Tax
Tax
Vehicles
609706
36,267
24,439
2,749
13,249 1
15,998
Tools
6,240
3,735
2,505
282
1,171
1,453
Maintenance
Facility
Other (specify)
Other (specify)
66,946
40,002
26,944
3,031
14,420
7,451
TOTAL
Box 1
SCHEDtLE B
ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
(Excluding Depreciation)
Salaries &Benefits Supplies Utilities Other Taxes
Other (Specify) Other (Specify) TOTAL
124,508 1 21,876 1 1,399 1 720 15,197 1 6,967 1 17
Box 2
FCC 393 WageM
I ...... I inns
SCHEDULE C
CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
A
Equipment
C
D
E
F
G
H
Annual
I
TOTAL
�
(add additional
B
Gross Book
Accumulated
Depreciation
Deferred
Taxes
Net Book
B-(C+D)
Return on
Investment
Federal
Income
State
Income
Depreciation
xpense
Provision on
N
of Units
in Service
TOTAL
(add F, G, H)
lines as
necessary)
Tax
Tax
Investment
Remote 1
Remote 2
Remote 3
Converter Box 1
61,460
61,460
199
1,560
199
Convener Box 2
11,660
11,660
110
Convener Box 3
20,506
6,857
13,649
1,536
4,229
345
5,765
Rer Equipment
79,418
32,451
46,967
5,284
19,148
830
24,432
TOTAL
173,044
112,428
60,616
6,819
23,576
2,845
30,395
Box 3
rcc 393 (Page 31)
SCHEDULE D
AVERAGE INSTALLATION CHARGES
Cable Operator Name: Community Unit ID (CUID)
WA-0099
Edmonds Cable Company Date: 2/28/94
Franchise Authority This form is being (� Cable Programming
City of Edmonds f® led for (check one): Basic Tier L Service
a. Unwired Home Installation:
1. Average Hours per Installation (attach explanation)
hrs.
2. Unwired Home Installation Charge (Line a.1 x HSQ
$
b. Prewired Home Installation:
1. Average Hours per Installation (attach explanation)
hrs.
2. Prewired Home Installation Charge (Line b.1 x HSQ
c. Additional Connection Installation at Time of Initial Installation:
1. Average Hours per Additional Connection (attach explanation)
hrs.
2. Additional Connection - Initial Installation Charge (Line c.1 x HSQ
$
d. Additional Connection Installation after Initial Installation:
1. Average Hours per Additional Connection (attach explanation)
hrs.
2. Additional Connection - Separate Installation Charge (Line d.1 x HSQ
S
e. Other Installation (by Item Type):
Item 1. (Specify)
1. Average Hours per Installation (attach explanation)
hrs•
2. Item 1 Installation Charge (Line e.1 x HSQ
S
Item 2. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 2 Installation Charge (Line e.2 x HSQ
$
Item 3. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 3 Installation Charge (Line e.3 x HSQ
b
NOTE: For HSC (hourly Service Charge) use amount from Line 5 of the Worksheet for Calculating Equipment and
Installation Charges , page 25 of FCC Form 393.
FCC 393 (Page 321
August 1993
EDMONDS CABLE COMPANY
Attachment for Form 393
City of Edmonds Franchise
-------------------------
General Note as to level at which the accounting records kept:
Records for all information in this form, except revenue are kept
at the system level, not at the franchise level. Thus in performing
all computations except for equipment revenue, (which is kept at
the franchise level), a formula using the number of subscribers at
the franchise level as the numerator and the number of subscribers
in the system as the denominator was used to reduce the system
amounts to franchise level amounts. This is in accordance with the
procedure described in FCC regulation 76.924(e)(1).
Equipment revenue data:
Current FCC regulations at 76.922 allow for using a recent
representative month if there has been an unusual change in
operations. Effective September 1, 1993 all charges for additional
outlets were dropped, thus the equipment revenue numbers from the
prior fiscal year have been adjusted accordingly to remove those
revenues.
Part III, Step A, Line 2, Customer equipment and installation
percent:
-------------------------------------------------------------
An analysis was performed to determine the annual costs as required
by the schedule. The percentage of 100 was used as the amounts as
shown•in the schedules had already been reduced to those allowable
amounts, prior to entry on the schedule.
Part III, Step A, Line 4, Total labor hours for maintenance and
installation of customer equipment and service:
----------------------------------------------------------------
An analysis of annual labor hours for all employees was done to
determine the number of hours spent on the above referenced
activities. As noted at step A line 2, they were then adjusted to
include those applicable only to the basic service.
Part III, Step D, Line 16, Total maintenance service hours:
An analysis was performed in conjunction with the labor review
noted at step A line 4, to determine those hours spent maintaining
the converters referenced in this section. The hours were then
allocated to those types of converters.
0006.080.003
WSS/are
04/13/94
Rev: 05/20/94
ORDINANCE NO. 2982
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING AND RENEWING A ONE (1)
YEAR NON-EXCLUSIVE COMMUNITY ANTENNA
TELEVISION SYSTEM FRANCHISE TO EDMONDS CABLE
COMPANY; AND FIXING A TIME WHEN THE SAME SHALL
BE EFFECTIVE
WHEREAS, in 1994 the City received notice from Edmonds
Cable Company that it desired to renew its existing franchise with
the City, and
WHEREAS, the parties began negotiations in 1990 in an
attempt to negotiate a franchise which combined the long term
assurances sought by the franchisee with the protections the City
Council felt necessary to protect the subscribers within the City
of Edmonds, and
WHEREAS, in October of 1990 the City Council authorized
its negotiators to notify the applicant that a franchise package
had been approved subject to their acceptance, and
WHEREAS, such package was rejected by the franchisee, and
WHEREAS, after considerable further negotiation, the
franchisee on April 17, 1991, provided to the City its last best
offer with respect to a franchise, and
WHEREAS, the franchisee's last best offer in 1991
therefore did not meet the minimum standards established by the
City Council at the onset of negotiation and therefore did not meet
the needs of the public of the City of Edmonds, and
72319.1 - 1 -
WHEREAS, negotiations in 1991 reached an impasse and the
City Council granted an extension and renewal of the franchise
(Ordinance No. 2837) for a period of three (3) years that allowed
the parties the opportunity to review their positions in light of
Congressional action, the regulatory environment and changes in the
technological capabilities available to franchisees, and
WHEREAS, Congress passed the Cable TV Consumer Protection
and Competition Act of 1992 providing municipalities with greater
regulatory tools, and
WHEREAS, the City was certified as a regulating
franchising authority in October, 1993, and
WHEREAS, the City Council adopted Ordinance No. 2968 in
January, 1994 to regulate basic cable TV rates to administer other
cable related regulations, and
WHEREAS, given the current and continuing fluctuation in
the regulatory environment, the City Council deems it to be in the
public interest to extend the current franchise with limited
conditions in order to provide an adequate time for full
exploration of the public need and to better determine the
limitations of FCC regulation and the City's powers, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A franchise extension and renewal is hereby
granted to Edmonds Cable Company to operate a non-exclusive cable
television franchise in accordance with provisions of Chapter 4.68
72319.1 - 2 -
of the Edmonds City Code for a period of one (1) year commencing on
the date of passage of this ordinance.
Section 2. Effective Date. This ordinance, being an
exercise of a power specifically delegated to the City legislative
body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof
consisting of the title.
APPROVED:
MW Mil
r
ATTEST/AUTHENTICATED:
C�AiTY CLERK, RHONDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY .. I _ ► e
FILED WITH THE CITY CLERK: 05/20/94
PASSED BY THE CITY COUNCIL: 05/17/94
PUBLISHED: 05/22/94
EFFECTIVE DATE: 05/27/94
ORDINANCE NO. 2982
72319.1 - 3 -
0006.080.003E
WSS:smh:are
01/04/94
ORDINANCE NO. 2968
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, TO ADD A NEW CHAPTER 3.60
PROVIDING FOR REGULATION OF CABLE TELEVISION
RATES IN ORDER TO PROVIDE FOR THE REGULATION
OF BASIC SERVICE TIER RATES AND RELATED
EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF
ANY CABLE TELEVISION FRANCHISED BY THE CITY OF
EDMONDS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992
(hereinafter "Act"), which, among other things, provided that the
basic service tier rates and the charges for related equipment
installation and services of the cable television system
(hereinafter "Basic Service Rates and Charges") shall be subject to
regulation by a franchising authority in accordance with the
regulations prescribed by the Federal Communications Commission
(hereinafter "FCC"); and
WHEREAS, on April 1, 1993, the FCC prescribed such
regulations in the Report and Order, in the Matter of Implementa-
tion of Sections of Cable Television Consumer Protection and
Competition Act of 1992: Rate Regi1lation, MM Docket 92-266, FCC
93-177 (released May 3, 1993) (hereinafter referred to as "FCC Rate
Regulations"); and
WHEREAS, the City of Edmonds (hereinafter the "City") is
a franchising authority with the legal authority to adopt and the
WSS64361.1 - 1
personnel to administer regulations with respect to the Basic
Service Rates and Charges of any cable television system operating
in the City, including, without limitation, the system currently
being operated by the Edmonds Cable Company (hereinafter the
"Company") pursuant to applicable franchising documents (herein-
after "Franchise"); and
WHEREAS, the City desires to regulate the Basic Service Rates
and Charges of the Company and other cable television systems
operating in the City and shall do so in accordance with the FCC
Rate Regulations, notwithstanding any different or inconsistent
provisions in the Franchise; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code is hereby amended by
the adoption of a new Chapter 3.60 relating to the regulation of
basic service rates to read as follows:
Chapter 3.60 - Regulation of Basic Service
Rates of the Cable Franchise
3.60.010 ❑efinitions of Gene.rally Applicable
Terms.
A. Benchmark rate shall mean a target
(benchmark) rate established by the FCC
and currently applicable to a franchise
operating in the City of Edmonds.
B. Company shall mean any individual company
or company holding a franchise for the
operation of a cable television system
within the City limits.
C. FCC shall mean the Federal Communications
Commission.
WSS64361.1 - 2
D. FCC regulation shall mean any duly
established federal regulation covering
the activities of a cable television
franchise and its relation with the City.
Such term shall include at a minimum the
final rules promulgated as MM Docket 92-
266, FCC 93-177 codified as 47 CFR §§
76.990 - 985 as the same exist or are
hereinafter amended.
E. Equipment is hereby defined to include
converter boxes, remote control units,
connections for additional outlets and
cable home wiring.
F. Franchise shall mean all ordinances,
regulations, laws and franchise documents
governing the activities of a company
authorized by the City to provide cable
television services in the City of
Edmonds.
3.60.020 Designation of Staff Contact. In
accordance with the FCC Rate Regulations, the
Mayor has designated the Community Service
Director as the appropriate staff person to
execute on behalf of the City and file with
the FCC such certification forms or other
instruments that are now or may hereafter be
required pursuant to the FCC regulations in
order to enable the City to regulate Basic
Service Rates and other related charges.
3.60.030 Adoption of FCC Regulations. The
regulation of Basic Service Rates and Charges
of the Company shall be undertaken in
accordance with adopted FCC Rate Regulations
as the same exist or are hereafter amended.
Such regulations are generally codified at 47
Code Federal Register §§ 76.900-985. In the
event of conflict between any City procedure
or these ordinances and the Regulations, such
Regulations shall control.
3.60.040 Rates Subject to Regulations. The
City Council has been certified to regulate
Basic Service Rates which include the rate for
service for the provision of all local
broadcast signals as well as the public,
educational and governmental access channels
required pursuant to FCC regulation and any
WSS64361.1 - 3
other programming services that the Company
chooses to include in its basic service rate
along with:
A. All equipment and installation used to
receive basic service, even if that
equipment is also used to receive other
regulated and/or unregulated services;
B. The installation and monthly use of
connections for additional receivers.
3.60.050 Initial Application. Following the
written notice provided to the Company, the
cable operator shall have thirty (30) days
after receipt of such notice to file its rate
justification with the franchising authority
on FCC Form 393. The initial rate schedule
shown on Form 393 shall be considered by the
City Council within thirty (30) days after
receipt of the form. The Council may make a
rate determination or issue a brief order
within the thirty (30) day period notifying
the Company that the City Council requires
additional time to make a rate decision. If
the City Council requires additional time to
make its rate decision, it may have up to
ninety (90) additional days to review a rate
request based upon FCC benchmark regulation
and up to one hundred and fifty (150)
additional days to review a cost -of -Service
showing.
3.60.060 Future Rate Increases. Future
requests for rate increases shall be
considered in a timely fashion in accordance
with FCC regulation.
3.60.070 Rate Decisions. If the City Council
determines that any proposed rate is
unreasonable, it may:
A. Order a reduction in such rate or rates;
B. Prescribe a reasonable rate;
C. Order a rate refund; or
D. Impose fines or monetary forfeiture to
the extent permitted under state law.
WSS64361.1 - 4
Such decisions shall be based solely on the
record before the City Council.
3.60.080 Notification of Decision. The City
Council's decision shall be in writing mailed
to the company and interested party who has
filed a written objection and shall be posted
and otherwise made available to the public
through the office of the City Clerk whenever
the City Council:
A. Disapproves an initial rate for Basic
Service or for related equipment or
installation of services;
B. Disapproves a request for a rate
increase; or
C. Approves a request for an increase over
the objections ❑f an interested party.
A written decision shall not be required for
approval of an unopposed existing or proposed
rate for Basic Service or equipment.
3.60.090 Notification of Filiin. Upon
receipt of a request for establishment of
initial rate or future rate increases, the
City Clerk shall cause to be published in the
City's official newspaper notice of the said
filing. Copies of the filing shall- be
maintained in the office of the City Clerk.
Any interested party may file a written
objection to the proposed increase, provided
such written objections shall be filed in the
Office of the City Clerk ten (10) calendar
days prior to the date set for hearing.
3.60.100 Hearing Procedure: Benchmark Rate.
A. Whenever the Company shall propose
adoption of a benchmark rate the
following shall apply:
1. The City Council shall set a
hearing date, providing
published notice at least ten
(10) calendar days in advance
of such hearing by publication
in the City's official
newspaper. The Company shall
WSS64361.1 - 5 -
also provide a notification of
the pending rate or rate
increase request on its public
access or other channel devoted
to public notification.
2. Formal rules of evidence shall
not apply to the public hearing
and it shall be conducted in
accordance with normal Council
hearing procedures. Council
shall afford the Company and
all interested persons a
reasonable opportunity to be
heard.
3. If the cable company has
submitted a rate schedule based
on benchmark formulas and
calculations, the City Council
may not prescribe a rate lower
than that permitted in the FCC
Benchmark Rate Tables or more
than ten percent (10%) less
than the cable company's
September 30, 1992 per channel
rate, whichever is higher.
4. The cable company shall first
make its presentation, followed
by the presentation of the City
staff entering its analysis and
recommendations, if any. Then
all interested parties who have
filed an objection to the rate
increase shall be heard.
Finally, members of the public
shall be heard. The staff
should be given a brief
opportunity to respond and the
Company may conclude with
rebuttal, addressing new
information raised by the
staff, interested parties or
the public. The Mayor shall
set reasonable time limits for
the presentation of the
respective parties, provided
that the time established for
individual public comments may
WSS64361.1 - 6
be limited to three (3) minutes
per person.
3.60.110 Notice and Hearing Procedures: Cost
of Service Show in The general hearing
procedures outlined in S 3.60.100 shall apply
to an application by the Company for a Basic
Service Rate above the benchmark rate provided
that:
A. The Company shall submit a Cost -of -
Service showing prepared in accordance
with FCC regulations sufficient to
support a finding that the rates are
reasonable. It shall make ten (10)
copies available in conjunction with its
initial application for public inspection
and use at the hearing.
B. If the cable company submits a Cost -of -
service showing, that showing supersedes
any benchmark/rollback provisions
established by the FCC. The City Council
may prescribe whatever rate it finds
justified by the Cost -of -Service showing,
utilizing generally --accepted accounting
principles, utility rate regulation
principles, and the review of criteria in
47 CFR SS 76.922 to 76.925 as the same
exist or are hereafter amended, even if
that rate is below the system's benchmark
and more than ten percent (10%) below the
system's September 30, 1992 rates.
3.60.120 Refunds. The City may order the
Company to refund to subscribers that portion
of previously paid rates determined to be
unreasonable. However, the Company's
liability for refunds is generally limited to
a one-year period and shall not go beyond
September 1, 1993, the effective date of the
FCC rules.
3.60.130 Use of Administrative Hearin
Officer. The City Council may, in its sole
discretion, elect to have its hearing con-
ducted by its hearing examiner. In the event
that a hearing is conducted by the hearing
examiner, the hearing examiner shall present
his or her proposed findings of fact, conclu-
sions and recommendations to the City Council.
WSS64361.1 - 7
Prior to adoption of such findings, the City
Council shall hold a public hearing at which
the Company, any interested parties who filed
an objection to the rate increase, and any
member of the public may be heard. The pur-
pose of this public hearing will be for the
Company, interested parties and the public to
comment on the proposed findings and recommen-
dations and shall not itself be an evidentiary
hearing. Having heard the comments of the
Company, interested parties and the public,
the City Council may adopt the recommendations
of the hearing examiner, reverse or modify the
hearing examiner's determination based upon
the record before the hearing examiner, or
remand the matter back to the hearing examiner
for the taking of further evidence and
testimony.
3.60.140 Appeals. An appeal from any order or
decision of the City Council regarding any
rate increase shall be solely to the FCC
pursuant to 47 CFR § 76.944 as the same exists
or is hereafter amended. Such appeal shall be
filed within thirty (30) days. Appeals from
other decisions of the City Council regarding
the franchise shall be filed in the Snohomish
County Superior Court within ten (10) business
days of the date notice of decision is issued.
Nothing herein shall be interpreted to limit
the right of any citizen or the City to file a
complaint with the FCC regarding any company
activity in accordance with 47 CFR S 76.953 et
se .
Section 2. The City Clerk is hereby authorized and
directed to provide notice to any company holding a franchise from
the City of Edmonds that the City has been authorized to regulate
the rates the system charges for Basic Cable Service and all equip-
ment, installation and other services used by Basic Service and
that the City has adopted the requisite rules regarding rate regu-
lation by the adoption of this ordinance.
WSS64361.1 - 8
The City Clerk shall further instruct the franchisee
that, within thirty (30) days of receipt of a copy of this
ordinance the Company shall file a completed FCC Form 393
justifying the current rates for Basic Service and related equip-
ment, installation and other services.
Section 3. Effective Date. This ordinance, being an
exercise of a power specifically delegated to the City legislative
body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof
consisting of the title.
APPROVED:
MAY M. L
ATTEST/AUTHENTICATE:
C TY CLERK, ONDA J. MA CH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYD
FILED WITH THE CITY CL RK: 01/04/94
PASSED BY THE CITY COUNCIL: 01/18/94
PUBLISHED: 01/23/94
EFFECTIVE DATE: 01/28/94
ORDINANCE NO. 2968
WSS64361.1 - 9
0006.080.003H
WSS/are
06/03/94
R: 06/08/94
RESOLUTION NO. 793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, NOTING RECEIPT OF AN
APPLICATION FOR APPROVAL OF A RATE SCHEDULE
FROM THE CITY'S FRANCHISEE EDMONDS CABLE
COMPANY ON MARCH 15, 1994 EXTENDING TIME FOR
REVIEW BY 90 DAYS AND SETTING A HEARING DATE.
WHEREAS, FCC regulation and City Ordinance require the City to reach a
decision within thirty (30) days or extend an additional ninety (90) days for hearing, and
WHEREAS, the City Council deems it to be in the public interest to provide for
notification, comment and hearing as provided in City ordinance prior to a public hearing on the
proposed rates, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Edmonds hereby determines that it
shall require additional time to make its rate decision and elects an additional ninety (90) days
in which to review the rate proposal of Edmonds Cable Company, based upon FCC benchmark
regulations.
Section 2. The City Council establishes July 19, 1994 at 7:00 p.m. or as soon
thereafter as the matter may be heard as the hearing date on the proposed rate increases.
Pursuant to Edmonds City Code notice of the hearing shall be published by the City Clerk in
the City's official newspaper at least twenty (20) days prior to the hearing. Any interested party
76212.1 -1
may file a written objection to the proposed rates by providing such written objections to the
Office of the City Clerk ten (10) calendar days prior to the hearing date set.
Section 3.. The City Council reserves to itself the right to direct refunds as may
be appropriate retroactive to the date the City was certified for rate regulation and the right to
review any and all future rate adjustments from the Form 393 presented to the City with respect
to regulated rate categories.
Section 4. The City Clerk is hereby directed to provide a copy of this resolution
to Edmonds Cable Company and Chambers Cable, its parent corporation.
RESOLVED this 7th day of
ATTEST/AUTHENTICATED:
June , 1994
APPROVED:
MAY AURA M. HALL
FILED WITH THE CITY CLERK: 06/08/94
PASSED BY THE CITY COUNCIL: 06/07/94
RESOLUTION NO. 793
76212.1 -2-
0006.080.003H
WSS/are
08/31/94
RESOLUTION NO. 800
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, SETTING A REVISED
HEARING DATE OF OCTOBER 4, 1994 TO CONSIDER
PROPOSED RATES FOR CABLE TELEVISION SERVICES
SET FORTH IN FORMS 393 AND 1200.
WHEREAS, FCC regulation and City Ordinance require the City to reach a
decision within thirty (30) days or extend an additional ninety (90) days for hearing, and
WHEREAS, the City Council deems it to be in the public interest to provide for
notification, comment and hearing as provided in City ordinance prior to a public hearing
regarding the recently filed Form 1200 regarding the proposed rates, and
WHEREAS, there appear to be misstatements contained in the prior submittal of
Form 393 by the franchisee on March 15, 1994, and
WHEREAS, the original hearing date of September 20, 1994 conflicted with the
primary election date and the second date of September 19, 1994 conflicted with other
obligations of the City Council, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The City Council establishes as revised hearing date of October 4,
1994 at 7:00 p.m. or as soon thereafter as the matter may be heard as the hearing date on the
proposed rate increases shown on Form 393 and Form 1.2W. Pursuant to Edmonds City Code
notice of the hearing shall be published by the City Clerk in the City's official newspaper at least
76212.1
1_ EXHIBIT 8
f)6-�
twenty (20) days prior to the hearing. Any interested party may file a written objection to the
proposed rates by providing such written objections to the Office of the City Clerk ten (10)
calendar days prior to the hearing date set.
Section 2. The City Council reserves to itself the right to direct refunds as may
be appropriate retroactive to the date the City was certified for rate regulation and the right to
review any and all future rate adjustments from the Forms 393 and 12W presented to the City
with respect to regulated rate categories.
Section 3. The City Clerk is hereby directed to provide a copy of this resolution
to Edmonds Cable Company and Chambers Cable, its parent corporation.
RESOLVED this 6th day of September , 1994
APPROVED:
ATTEST/AUTHENTICATED:
FILED WITH THE CITY CLERK: 08/31/94
PASSED BY THE CITY COUNCIL: 0 9/ 0 6/ 9 4
RESOLUTION NO. 8 0 0
2_ 064
76212_I
0006.080.003H
WSS/are
06/03/94
R: 07/08/94
RESOLUTION NO. 7 9 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, NOTING RECEIPT OF AN
APPLICATION FOR APPROVAL OF A RATE SCHEDULE
ARISING FROM FORM 1200 FROM THE CITY'S
FRANCHISEE EDMONDS CABLE COMPANY ON TUNE 15,
1994 EXTENDING TIME FOR REVIEW BY 90 DAYS AND
SETTING A HEARING DATE.
WHEREAS, FCC regulation and City Ordinance require the City to reach a
decision within thirty (30) days or extend an additional ninety (90) days for hearing, and
WHEREAS, the City Council deems it to be in the public interest to provide for
notification, comment and hearing as provided in City ordinance prior to a public hearing
regarding the recently filed Form 1200 regarding the proposed rates, and
WHEREAS, there appear to be misstatements contained in the prior submittal of
Form 393 by the franchisee on March 15, 1994, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Edmonds hereby determines that it
shall require additional time to make its rate decision and elects an additional ninety (90) days
in which to review the rate proposal incorporated in Form 1200 and Form 393 of Edmonds
Cable Company, based upon FCC benchmark regulations.
76212.1
-1-
EXHIBIT 7
L! 61
Section 2. The City Council establishes September 20 , 1994 at 7:00
p.m. or as soon thereafter as the matter may be heard as the hearing date on the proposed rate
increases shown on Form 393 and Form 1200. Pursuant to Edmonds City Code notice of the
hearing shall be published by the City Clerk in the City's official newspaper at least twenty (20)
days prior to the hearing. Any interested party may file a written objection to the proposed rates
by providing such written objections to the Office of the City Clerk ten (10) calendar days prior
to the hearing date set.
Section 3. The City Council reserves to itself the right to direct refunds as may
be appropriate retroactive to the date the City was certified for rate regulation and the right to
review any and all future rate adjustments from the Form 393 presented to the City with respect
to regulated rate categories.
Section 4. The City Clerk is hereby directed to provide a copy of this resolution
to Edmonds Cable Company and Chambers Cable, its parent corporation.
RESOLVED this 12th day of July , 199 4
APPROVED:
MAYO A RA HALL
ATTEST/AUTHENTICATED :
C TY CLERK, ONDA 7. MARCH
FILED WITH THE CITY CLERK: 07/08/94
PASSED BY THE CITY COUNCIL: 07/12/94
RESOLUTION NO. 796
76212.1
062
0006.080.003H
WSS/are
08/ 16/94
RESOLUTION NO. egg' �9y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, NOTING RECEIPT OF AN
APPLICATION FOR APPROVAL OF A RATE SCHEDULE
ARISING FROM FORM 1200 FROM THE CITY'S
FRANCHISEE EDMONDS CABLE COMPANY ON JUNE 15,
1994 EXTENDING TIME FOR REVIEW BY 90 DAYS AND
SETTING A HEARING DATE.
WHEREAS, FCC regulation and City Ordinance require the City to reach a
decision within thirty (30) days or extend an additional ninety (90) days for hearing, and
WHEREAS, the City Council deems it to be in the public interest to provide for
notification, comment and hearing as provided in City ordinance prior to a public hearing
regarding the recently filed Form 1200 regarding the proposed rates, and
WHEREAS, there appear to be misstatements contained in the prior submittal of
Form 393 by the franchisee on March 15, 1994, and
WHEREAS, the original hearing date of September 20, 1994 conflicts with the
primary election date, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Edmonds hereby determines that it
shall require additional time to make its rate decision and elects an additional ninety (90) days
in which to review the rate proposal incorporated in Form 1200 and Form 393 of Edmonds
Cable Company, based upon FCC benchmark regulations.
76212.1 -1
Section 2. The City Council establishes as revised hearing date of September 19,
1994 at 7:00 p.m. or as soon thereafter as the matter may be heard as the hearing date on the
proposed rate increases shown on Form 393 and Form 1200. Pursuant to Edmonds City Code
notice of the hearing shall be published by the City Clerk in the City's official newspaper at least
twenty (20) days prior to the hearing. Any interested party may file a written objection to the
proposed rates by providing such written objections to the Office of the City Clerk ten (10)
calendar days prior to the hearing date set.
Section 3. The City Council reserves to itself the right to direct refunds as may
be appropriate retroactive to the date the City was certified for rate regulation and the right to
review any and all future rate adjustments from the Forms 393 and 1200 presented to the City
with respect to regulated rate categories.
Section 4. The City Clerk is hereby directed to provide a copy of this resolution
to Edmonds Cable Company and Chambers Cable, its parent corporation.
RESOLVED this 23rd day of __-August , 199 4
APPROVED:
f
MA RA M. + ALL
ATTEST/AUTHENTICATED:
4C Y CLERK, BONDA J. MARCH
FILED WITH THE CITY CLERK: 08/ 16/94
PASSED BY THE CITY COUNCIL: 08/23/94
RESOLUTION NO. 299
76212.1 _2_
0006.080.003
WSS/r1n/are
12/05/94
RESOLUTION NO. 804
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, APPROVING RATE
ADJUSTMENT PROPOSED PURSUANT TO FCC FORM 1210
AS PREPARED BY EDMONDS CABLE COMPANY, DOING
BUSINESS AS CHAMBERS CABLE OF EDMONDS, FOR THE
PERIOD APRIL 12 1994, THROUGH SEPTEMBER 30, 1994.
WHEREAS, City of Edmonds has directed its franchisee, Edmonds Cable
Company, d/b/a Chambers Cable of Edmonds, to submit information pursuant to FCC Form
1210, and
WHEREAS, City Council has held a public hearing and has determined that the
rate adjustments proposed are in conformance with FCC regulations, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The rate adjustments proposed pursuant to FCC Form 1210, a copy
of which is attached by this reference and incorporated as fully as if herein set forth by the
City's cable franchisee, Edmonds Cable Company, d/b/a Chambers Cable of Edmonds, are
hereby approved.
RESOLVED this 13thday of
December , 1994 .
APPROVED:
s _ ,
-�.4 ► � _ /���/fir � �
■M. HALL
89688.1 _ 1_
ATTEST/AUTHENTICATED:
FILED WITH THE CITY CLERK: 12/5/94
PASSED BY THE CITY COUNCIL: 12/13/94
RESOLUTION NO. 804
89688.1 -2-
0006.080.003
WSS/are
04/ 10/95
ORDINANCE NO.
3020
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING AND RENEWING A SIX (6)
MONTH NON-EXCLUSIVE COMMUNITY ANTENNA
TELEVISION SYSTEM FRANCHISE TO EDMONDS CABLE
COMPANY AND FIXING A TIME WHEN THE SAME SHALL
BE EFFECTIVE.
WHEREAS, in May of 1994 the City granted a one (1) year extension per
Ordinance No. 2982 to the Edmonds Cable Company, and
WHEREAS, negotiations in 1991 reached an impasse and the City Council
granted an extension and renewal of the franchise (Ordinance No. 2837) for a period of three
(3) years that allowed the parties the opportunity to review their positions in light of
Congressional action, the regulatory environment and changes in the technological capabilities
available to franchisees, and
WHEREAS, Congress passed the Cable TV Consumer Protection and Competition
Act of 1992 providing municipalities with greater regulatory tools, and
WHEREAS, the City was certified as a regulating franchising authority in
October, 1993, and
WHEREAS, the City Council adopted Ordinance No. 2968 in January, 1994 to
regulate basic cable TV rates to administer other cable related regulations, and
WHEREAS, given the current and continuing fluctuation in the regulatory
environment, the City Council deems it to be in the public interest to extend the current
99308.1 -1
franchise with limited conditions in order to provide an adequate time for full exploration of the
public need and to better determine the limitations of FCC regulation and the City's powers, and
WHEREAS, the City has entered into the franchise renewal process, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A franchise extension and renewal is hereby granted to Edmonds Cable
Company to operate a non-exclusive cable television franchise in accordance with provisions of
Chapter 4.68 of the Edmonds City Code for a period of six (6) months commencing on the date
of passage of this ordinance.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
PP •
�.
ATTEST/AUTHENTICATED:
4CYZC�LE �,RHONDA�JM=RCH�
99308.1 -2-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO._
3020
04/10/95
04/25/95
04/30/95
05/05/95
99308.1 -3-
I HEREBY r--RTIFY THIS TO BE A TRUE AND
CORRECT t-,jPY OF THE ORIGINAL ON FILE IN
MY OFFICE AS PART OF THE OFFICIAL RECORDS
OF THE CITY OF EDMONDS.
ld
0006.080.003 CITY CLERK OA E
WSS/bjs
10/06/95
ORDINANCE NO. 3050
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING AND RENEWING A NON-
EXCLUSIVE COMMUNITY ANTENNA TELEVISION
SYSTEM FRANCHISE TO EDMONDS CABLE COMPANY
FOR A PERIOD OF NINETY (90) DAYS; AND FIXING A
TIME WHEN THE SAME SHALL BE EFFECTIVE.
WHEREAS, negotiations in 1991 reached an impasse and the City Council
granted an extension and renewal of the franchise (Ordinance No. 2837) for a period of three
(3) years that allowed the parties the opportunity to review their positions in light of
Congressional action, the regulatory environment and changes in the technological capabilities
available to franchisees, and
WHEREAS, in May of 1994 the City Council granted a one (1) year extension
under Ordinance No. 2982 to the Edmonds Cable Company, and
WHEREAS, in May of 1995 the City Council granted a six (6) month extension
under Ordinance No. 3020 to Edmonds Cable Company, and
WHEREAS, Congress passed the Cable TV Consumer Protection.and Competition
Act of 1992 providing municipalities with greater regulatory tools, and
WHEREAS, the City was certified as a regulating franchising authority in
October, 1993, and
113483.1 -1-
WHEREAS, the City Council adopted Ordinance No. 2968 in January, 1994 to
regulate basic cable TV rates to administer other cable related regulations, and
WHEREAS, given the current and continuing fluctuation in the regulatory
environment, the City Council deems it to be in the public interest to extend the current
franchise with limited conditions in order to provide an adequate time for full exploration of the
public need and to better determine the limitations of FCC regulation and the City's powers, and
WHEREAS, the current franchise is preparing a proposal in response to the City's
request for proposals but has not yet submitted its proposal; and
WHEREAS, the City Council desires to extend the franchise for an additional
ninety (90) days to permit submittal of a proposal and negotiation toward renewal of the
franchise, and
WHEREAS, the City has entered into the franchise renewal process, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A franchise extension previously granted to Edmonds Cable Company
to operate a non-exclusive cable television franchise in accordance with provisions of Chapter
4.68 of the Edmonds City Code is hereby renewed and extended for a period of ninety (90) days
commencing on the date of passage of this ordinance. All terms and conditions of the current
franchise shall remain in full force and effect. Neither party waives any right which it may have
under federal or state law, including but not limited to the Cable Act, resulting from this
extension of the franchise term.
113483.1 -2-
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
on November 5, 1995, said date being more than five (5) days after passage and publication of
an approved summary thereof consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
113483.1 -3-
APPROVED AS TO FORM:
OFFICE OF THE I TY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 10/13/95
PASSED BY THE CITY COUNCIL: 10/17/95
PUBLISHED: 10/22/95
EFFECTIVE DATE: 11/5/95
ORDINANCE NO. 3050
113483.1 -4-
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
SU MMARY OF
ORDINANCE No. 3050
o1 the Clty of
Edmonds, Washington
on the 17th day at October,
1995, the City Council or the
Cityy o1 Edmonds. Ssed
ordlAna"a No. 3050. sum-
mary o1 the content o1 said
ofdlnanca. consisting at the
lithe, provides as lollOws:
AN ORDINANCE OF 7HE
CITY -OF EDMONDS, WASH-
r_rnre s TcurnNG AND
!hi lull 10x1 of this Oedi-
nance will be mailed upon
re SATvest.
ED this 18th day of
October, 1995.
SANDRA S. CHASE
City Clerk
Publlshod: October 22. 1995.
ss.
Affidavit -of Publication
RICE C-EIVED
0 C T 2 6 1995
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice....:.:.:
City of Edmonds
................. .............- ......
Ordinance 3050
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
October 22, 1995
and that s newspaper was regularly distributed to its subscribers
duringt ally said period. A
Principal Clerk
Subscribed and sworn to before me this--------24th
October 95
da*Notary
...............................tthst�
19.--••----
Public in and fof Washington,
residing at Everett, Snlznty.
gE J
t%OTAq y,
N, PU B LAG Z
WASO
B-2-1
0006.080.003
WSS/naa/srh/klt
05/23/91
R:05/29/91
ORDINANCE NO. 2837
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
EXTENDING AND RENEWING A THREE-YEAR (3) NON-
EXCLUSIVE COMMUNITY ANTENNA TELEVISION SYSTEM
FRANCHISE TO EDMONDS CABLE COMPANY; PURSUANT TO
CHAPTER 4.68 OF THE EDMONDS CITY CODE; AMENDING
ECC SECTION 3.20.040 AND 3.20.050 TO ADD
SUBPARAGRAPH (C) ADDING CABLE TELEVISION AS
OCCUPATIONS SUBJECT TO THE UTILITY BUSINESS
LICENSE AND OCCUPATION TAX IN ORDER TO EQUALIZE
THE RATES PAID BY THE CITY'S FRANCHISEES; AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, in 1988 the City received notice from Edmonds
Cable Company that it desired to renew its existing franchise
with the City, and
WHEREAS, the City Council then engaged a consultant and
through his services and a series of public hearings has
determined that:
1. The qualifications of Edmonds Cable
Company meets the City's minimum criteria
relating to its experience, legal status,
character, financial stability and basic
technological proficiency;
2. The applicant franchisee's staff,
equipment and facilities available for
service are adequate to meet the basic
needs of the City;
3. The applicant is currently meeting the
minimum technological standards
established by Federal Communications
Commissions;
4. The programming available is generally
consistent with that sought by the
citizens of the City of Edmonds;
WSS53338O -1-
5. In order to approve the 10-15 year
franchise sought by the applicant, the
City requires assurances that in the event
rate regulation is once again permitted by
Congress and the Federal Communication
Commission, the City will be able to
regulate rates with respect to those
services subscribed to by the average
Edmonds consumer, and that technological
developments will be incorporated in the
franchisee's system at the same time as
they are available in other systems of
comparable size in the Puget Sound region.
WHEREAS, following the period of evaluation, the parties
began negotiations in 1990 in an attempt to negotiate a franchise
which combined the long term assurances sought by the franchisee
with the protections the City Council felt necessary to protect
the subscribers within the City of Edmonds; and
WHEREAS, in October of 1990 the City Council authorized
its negotiators to notify the applicant that a franchise package
had been approved subject to their acceptance; and
WHEREAS, such package was rejected by the franchisee;
and
WHEREAS, after considerable further negotiation, the
franchisee on April 17, 1991, provided to the City its last best
offer with respect to a franchise; and
WHEREAS, this last franchise proposal limits the
definition of basic service and therefore those rates which would
be subject to regulation by the City in the event Congress again
authorized rate regulation to a minimum level that would not be
meaningful to the average Edmonds' consumer, and also reserves to
the franchisee the right to determine whether or not technological
improvements would be incorporated in the system; and
WSS53338O -2-
WHEREAS, the franchisee's last best offer therefore does
not meet the minimum standards established by the City Council at
the onset of negotiation and therefore does not meet the needs of
the public of the City of Edmonds; and
WHEREAS, pursuant to Chapter 3.20 of the Edmonds City
Code the utilities of the City of Edmonds, such as the Snohomish
County Public Utility District, telephone businesses, natural gas
purveyors and other utilities which utilize the City's rights -of -
way and do business within the City, are subject to utility taxes
in the form of business and occupation taxes ranging from 5-1/4%
to 5-3/4%; and
WHEREAS, the franchisee is currently paying a franchise
tax of 3%; and
WHEREAS, the City Council in order to defray the tens of
thousand dollars which have been spent in the assessment of the
franchisee and fruitless negotiations with the franchisee, as well
as its upcoming and continued negotiations, and in order to
equalize the taxes paid by various franchisees who utilize the
City rights -of -way does hereby determine it appropriate to levy an
additional utility equalization tax under Chapter 3.20 of 2% in
order to bring the taxes paid by each utility franchisee into the
same general range; and
WHEREAS, the two critical issues of rate regulation and
technology are both in a state of change which may be subject to
clarification by Congress and the market place in the near term;
and
WSS53338O -3-
WHEREAS, negotiations are at an impass and the Council
finds that extension and renewal of the franchise for a period of
three (3) years would allow the parties an opportunity to review
their positions in light of Congressional action, the regulatory
environment and changes in the technological capabilities
available to franchisees, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A franchise extension and renewal is
hereby granted to Edmonds Cable Company to operate a non-exclusive
cable television franchise in accordance with provisions of
Chapter 4.68 of the Edmonds City Code for a period of three (3)
years commencing on the date of passage of this ordinance. The
City Code Chapter has been in effect during and throughout the
franchisee's prior period of operation, provided, however, that
the ordinance provides in section 4.68.040 for the regulation of
rates by the City. The rate regulation authority under section
4.68.040 has been voluntarily suspended by the City Council due to
the actions of Congress in superseding the City's rate regulation
authority. The City hereby reserves its right to again regulate
rates in accordance with the pre-existing franchise and its
current extension should Congress again authorize the City to
regulate rates.
Section 2. Section 3.20.040 "License tax year" of
Chapter 3.20 "Business License and Occupation Tax" is hereby
WSS53338O -4-
amended by the addition of a new subparagraph (C) to read as
follows:
C. The occupation license levied on the
City's cable television franchisee(s)
shall include for the initial period of
franchise if less than one calendar year,
a partial tax year dating from the date of
franchise approval or extension through
December 31 of that calendar year. The
franchisee shall pay a tax for the initial
period equal to the pro -rated portion of
the annual tax determined in accordance
with the provisions of this chapter. Any
partial concluding year shall be similarly
prorated.
Section 3. Section 3.20.050 "Occupations Subject to
Tax - Amounts" is hereby amended by the addition of a new
subsection (E) relating to Communication antenna television
systems - franchisee - utilities equalization tax to read as
follows:
E. Pursuant to chapter 4.68 of the Edmonds
City Code, Community Antenna Television
Systems, commonly known as cable
television franchisees, pay a franchise
tax of 3%. In addition thereto, a tax is
hereby levied equal to 2% of the gross
receipts collected by the franchisee from
the sale of its services in the City of
Edmonds. This additional 2% is intended,
when combined with the franchise fee of
3%, to provide a total of franchise fees
and utility tax equalization amounts equal
to 5% of the gross revenues of the
franchisee derived from the sale of its
cable television services within the City
of Edmonds. Services shall include the
sale of all broadcast services to
subscribers, but shall not include
revenues derived from the sale of
advertising or other minor miscellaneous,
incidental revenue unrelated to the sale
of subscriber services or equipment
rental.
WSS53338O -5-
Section 4. The Edmonds City Attorney and City's cable
television consultant are hereby directed to prepare for Council
review technical goals and consumer protection provisions. The
technical goals may be adopted pursuant to ordinance and shall
guide the City in evaluating during the next franchise term, the
service provided by the franchisee. Establishment of these goals
shall not be interpreted as an attempt to supersede the technical
standards established by the Federal Communication Commission but
rather to determine the franchisee's compliance with the
representations which it has made to the City regarding the level
of services which it can and will provide to its citizens. If in
the future the City is permitted to impose higher standards, such
standards shall control.
A separate free-standing consumer protection ordinance
shall be prepared by the City Attorney subject to the Council's
review. This ordinance shall delineate both the rights of the
subscriber and the obligations of the franchisee.
Section 5. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROV
MAY AUGHTEN
WSS53380O -6-
ATTEST/AUTHENTICATED:
TYeCLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY S-1V dZ
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: June 9, 1991
EFFECTIVE DATE: June 14, 1991
ORDINANCE NO. 2837
May 30, 1991
May 28, 1991
WSS533380 -7-
CErI V E ..'
N 0V 2 1 1995
EDI5 ONDS CITY CLERK
=<
MEMORANDUM
Date: November 21, 1995
To: City Council
Via: Mayor Half
From: Paul Mar 1--\
Subject: Tentative Schedule for Cable TV Franchise Renewal
Negotiations
At the October 17th City Council meeting, Mayor Hall indicated that staff would be
forthcoming with a schedule for the franchise renewal negotiations. Up to now, staff
has not been able to set a schedule , since it had not received the franchise renewal
proposal from any of the cable operators. I am happy to report that, on November
15th(the 60th and last day for response), Chambers Cable Co. submitted its proposal.
Staff has sent copies of this document to 3-H Cable Communications Consultants and
to the City Attorney and have had follow-up conversations with each. Staff has also
been contacted by Chambers Cable about dates and their availability. Here is a
tentative schedule of activities:
11/17 to 11/24: Consultant comparatively analyzes proposal with RFRP
2. week of 11/27: Consultant, City Attorney and staff review analysis
3. 12/5: City Council convenes executive session to provide
directions for the negotiating team
4. 1216 thru 12/15: City Council sets two -to -three consecutive dates for all -
day negotiating sessions with Chambers Cable
5. 12/19 thru 1/5/96 recess negotiations due to unavailability of Chambers
team members
Upon City Council's selection of the key dates noted in item #4 and approval of the
other items, staff will notify all parties of the negotiation schedule.
cc: Scott Snyder, City Attorney
City of Edmonds cQ Cominunity Services
F-CEIVED
14 0 V 17 1995
E;tiiONCS CITY CLERK
November 13, 1995
City of Edmonds
ID # WA 0099
250 5th Avenue N
Edmonds, WA 98020
To Whom It May Concern:
I have just received my new cable bill and once again they have enclosed
a new rate card. The only new channels that we have had are Lifetime,
Channel 12, VH1 when school is not in session and now Northwest
Cable News. We have limited PPV, and the network channels do not
always come in clear.
I think that the City of Edmonds should deny the newest quarterly increase
until Chambers Cable becomes more competitive with other services.
I also think that if Chamber Cable keeps increasing their rates that
we the consumer should have the option of going with another cable
service.
Sincerely,
S. Anderson
21520 73rd PL W
Edmonds, WA 98026
cc: Federal Communication Commission
Cable Services Bureau Consumer Protection Division
CITY OF EDMONDS LAURA M. HALL
CIVIC CENTER • EDMONDS, WA 96020 - • (206) 775-2525 MAYOR
. 8 9 0 - 1 9()-
October 31, 1995
Sylvia Sycamore, Senior Vice President
Policy, Planning & Administration
Chambers Communication Corporation
Post Office Box 7009
Eugene, OR 97401
RE: Edmonds Cable Company
Dear Ms. Sycamore:
Enclosed for your official records is a certified copy of Ordinance No. 3050 extending
and renewing the non-exclusive community antenna television system franchise to
Edmonds Cable Company for a period of ninety days.
Sincerely,
Sandra S. Chase
City Clerk
ssc
Enclosure
cc: Carolyn S. Chambers, President, Chambers Communication Corp.
Jack Gradwohl, Chambers Cable Area Manager
Paul Mar, Community Services Director
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
RECEIVED
DPN -lY I
O
U1L�LACE
0 C T 1 6 1995
EUMIONDS CITY CLERK
P. L. L. C. ATTORNEYS AT LAW
2100 Westlake Center Tower • 1601 Fifth Avenue • Seattle, WA 98101-1686 • (206) 447-7000 • Fax (206) 447-0215
W. Scott Snyder
October 13, 1995
Ms. Sylvia Sycamore
Senior Vice President
Policy Planning Administration
CHAMBERS COMMUNICATION
2225 Coburg Road
Eugene, Oregon 97401
Re: Renewal Proposal
Dear Ms. Sycamore:
Enclosed is a copy of the revised franchise extension ordinance. If you have any questions,
please contact me.
Very truly yours,
OGDEN HY WALLACE, P.L.L.C.
W. Scott Snyder
cc: Ms. Sandra S. Chase
WSS/bjs
WSS114150.1LF0006.060.0031B0006.
Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 • (509) 662-1954 • Fax (509) 663-1553
CITY OF EDMONDS
CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525
8g0-19
May 8, 1995
Sylvia Sycamore, Senior Vice President
Policy, Planning & Administration
Chambers Communication Corporation
Post Office Box 7009
Eugene, OR 97401
Re: Chambers Cable Company
Dear Ms. Sycamore:
LAURA M. HALL
MAYOR
Enclosed for your official records is a certified copy of Ordinance 3020 extending
and renewing a six-month non-exclusive community antenna television system
franchise to Edmonds Cable Company. This extension is effective commencing
on April 25, 1995.
Sincerely,
R onda J. March, CMC
City Clerk
enclosure
cc: Carolyn S. Chambers, President
Jack Gradwohl, Chambers Cable Area Manager
Paul Mar, Community Services Director
Scott Snyder, City Attorney
• Incorporated August 11, 1890 ■
Sister Cities International — Hekinan, Japan
��%..!`.�-'� �-•t_n.-, � r � ►fin_ .•+
(((C
CHAMBERS
COMMUNICATIONS
CORP.
April 25, 1995
The Honorable Laura M. Hall and
Members of the City Council of Edmonds
City of Edmonds
Civic Center
Edmonds, WA 98020
Dear Mayor Hall and Members of the Council:
Edmonds Cable Company, dba Chambers Cable of Edmonds, has been informed that the City
of Edmonds is proposing to grant a six-month extension to the current extended Chambers Cable
franchise for the purposes of completing the franchise renewal process. In the event that the City
proceeds to grant this extension, Edmonds Cable Company will accept the extension with the
understanding that in doing so, Edmonds Cable Company does not waive or release any rights
it has under applicable state or federal law, including all rights regarding the renewal of this
franchise under the federal cable act.
In addition, Edmonds Cable Company accepts this extension with the very strong expectation that
at the end of this six-month extension period, no further extensions will be necessary and
Edmonds Cable Company will be granted a franchise renewal of acceptable length.
We are extremely concerned that continued extensions with no renewal will not only be harmful
to our business, but may ultimately have a negative effect on the City as well.
A delay in renewing our franchise puts us at a serious competitive disadvantage with the
unregulated competition to cable television. Our competitors and future competitors do not have
to put their business plans on hold during a franchise renewal process as we do. Competitors
to cable television are aggressively moving ahead. Some of these competitors will not use the
public rights -of -way and are unlikely to be regulated to any considerable degree by local
jurisdictions. If these competitors are able to gain inroads into the Edmonds cable subscriber
base, the City stands to lose both revenue and the ability to regulate in the public interest.
Edmonds Cable Company does not resist competition per se. But we are very concerned about
remaining in a status quo situation, awaiting franchise renewal, while our competitors move
forward.
-I-
2225 COBURG RD. PO. BOX 7009 EUGENE, OR 97401 (503) 485-5611
The next stage of development of cable television in Edmonds will likely require considerable
financial investment. As a regulated company, we cannot make such an investment without the
assurance of a franchise term long enough to provide a sufficient return on that investment.
We understand the City's interest in pursuing the ascertainment plans of the City's cable
consultants, and we have been working with them. We urge the City to encourage the swift
completion of that process so that we can move into the final phases of franchise renewal.
We are eager to move ahead, and we believe that to do so will benefit both the City and
Chambers' subscribers as well as Edmonds Cable Company. We fear, however, that continued
delay will damage our business and is not in the public interest.
Sincerely yours,
EDMONDS CABLE COMPANY
By
Sylvi S camore
Its Seri ice President
Policy, Planning & Administration
SS/mc
- 2 -
CITY OF EDMONDS
CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525
89p-19c,
December 22, 1994
Carolyn S. Chambers, President
Chambers Communication Corporation
Post Office Box 7009
Eugene, OR 97401
Re: Chambers Cable Company
Dear Ms. Chambers:
LAURA M. HALL
MAYOR
Enclosed for your information is a copy of Resolution No. 804 passed by the
Edmonds City Council on December 13, 1994, approving the rate adjustment
proposed in FCC Form 1210. This rate adjustment covers the period of April 1,
1994 through September 30, 1994.
Sincerely,
Rhonda J. March, CIVIC
City Clerk
enclosure
cc: Sylvia Sycamore, Chambers Cable, Oregon
Jack Gradwohl, Chambers Cable Area Manager
Paul Mar, Community Services Director
Scott Snyder, City Attorney
■ Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
CHAMBERS
COMMUNICATIONS
CORP.
March 14, 1994
Paul Mar, Director
City of Edmonds
Community Services Department
250 5th Avenue, N.
Edmonds, WA 98020
Dear Mr. Mar:
RE�E1VED
COMMUNITY SER VICES
DIRECTOR
Enclosed please find form 393 from Edmonds Cable Company, for our City of Edmonds
Franchise. If you have any questions please call.
Sincerely yours,
Sylv ycamore
Senior Vice President
Policy, Planning & Administration
enc.
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FCC 393 - PART 1
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Identification Code
Date
WA-0099
2/28/94
Name of Cable Operator
Edmonds Cable Company
Mailing Address
2225 Coburg Road,
city
State
I
LP Code
97401
Eugene
OR
Person to contact regarding this form: Sylvia
Sycamore
Telephone
Fax Number
( 503)485-5611
( 503 )342-1568
Local Franchising Authority
City of Edmonds
Mailing Address
250 5th Ave N.
City State ZIP Code
Edmonds WA 98020
This form is being filed with respect to: (check one)
abasic rate regulation or
cable programming service rate regulation
If this forth is being filed in response to a complaint about your cable programming service rates, please attach a copy of the
complaint to this cover sheet.
The following sections are to be cocVleted after you have filled out the worksheets in PARTS 11 and III and
calculated your actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIPMENT
Program Service Rate
(1) Number of channels on basic service tier.
29
(2) Current rate for basic service tier: (do not include any franchise fees)
$ 20.56
(3) Maximum permitted per channel rate: (from Line 600, Part 11)
$ 0.71
(4) Maximum permitted rate for basic service tier (exclusive of any franchise fee):
(multiply (1) by (3) above)
S 20.60
NOTE: If your current rate for the basic service tier (entry 2) exceeds the maximum permitted rate for that tier (entry 4), you must
submit a cost -of -service showing or your basic servict rate will be reduced to the maximum permitted level shown in entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the basic service tier to the
maximum permitted level. Whether you itemize them or not, any franchise fees you pay for the basic service tier should be added
to your monthly rate as part of the service when billing your subscribers. See 47 C.F.R. Section 76.98S.
'0 0 7 FCC A.g.0 1993
FCC 393, Part 1, Pose 2
EQUIPMENT AND INSTALLATION RATES
NOTE. Your equipment and irrsta[Eation rates for the baskscrv;ce tier must oat be includeur d in yoprogram ice rate for that
lice, but
rather roust he completely unbundled. In additwn, those equipmcn[ and Lgstalta[" rates rues( not exceed your actual
costs, including a rcasoaabfe profit Tlx mehod for unbundling your equipment and installation rates from the basic
programming rale, and for detrsrnining your permitted egtApntcnt and installation rates, is prescribed in Part It (unbundling) and
Part III (rate -setting of this form. &titer in the spaces below tim rate frgures you love catcutatcd in Part tit of this form. Your
actual Basic servtec equipment and "ensta "ion Charges nuy not exceed these ra[c�, although they may be tower_
III Charges for basic service installations - (from Lines 6 or 7 of Equipment and Installation PERMITTED ACTUAL
WorkshecW
(a) Hourly rate: OR
S 22.80 S
(b) Average installation charges:
(1) Installation of unwired homes S S
(2) Installation of prewired homes $ S
(3) Installation of additional connection at time of initial installation $ S
(4) Installation of additional connection requiring separate installation S S
(5) Other installations (specify):
Item 1. S S
Item 2. S S
(2) Charge for changing tiers (4'f any) (from Line 29, 30 or 31 of Equipment and Installation
Worksheet)
(3) Monthly charge for lease of rertote Controls (from Line 14 in Equipment and Installation
Workshect�
Remote control type 1: S S
Remote control type 2: $
S
Remote control type 3: $
S
(4) Monthly charge for lease of convener boxes (from Line 21 in Equipment and 777$4.50
Worksheet)
Converter box type I --
$3.00
Converter box type 2:
Converter box type 3:
s 2.78 $5.50
(5) Monthly charge for lease of other equipment (from Line 28 in Equipment and Installation
Worksheet)
Other equipment(specify) :Converter Box 4
s 3.84 5 6.50
i! you }lave further c{larges {or additianai connections beyond tivosc reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment and Installation Worksheet
Instructions in Part III of this form.
FCC 393 (rate 41
".nisi 1193
FCC 393 , Part 1, Pate 3
FOR CABLE PROGRAMMING SERVICE RATES AND EQUIPMENT
Program Service Rates
NOTE: If you have more than one cable programming service tier, Attach additional sheets with the following information for each
tier and provide laid desaripiion of the tier.
(1) Number o(channels on cable programming service tier
(2) Current rate for cable programming service tier. (do not include any franchise fees)
S
(3) Maximum permitted per channel rate: (from lane 600, Part II)
$
(4) Maximum permitted late for cable programming service tier (exclusive of any franchise fees):
(multiply (1) by (3) above)
S
NOTE If your current rate for the cable programming services tier (entry 2) exceeds thrc rru.ximum permitted rate (entry 4), you
must submit a cost-oftervicr showing or your cable programming service rate will be reduced to the maximums permitted level
shown In ertry 4_
Franchise fees have been exduded from this analysis in order to compare your monthly rate for the able pprrogramming service tier
to the maximums }xi itted level- Whether you itemiae't4em car not, any franchise fees you par foc the cable programming service
tier sfhoceld be added to your monthly rate as part of the service clsargc whrn bailing your sahscribers_ See 47 CF.IL. Section 76.985.
Equipment and Installation Rates
NOT1r If equipment used for cable proggrrmming service Is also used to rec[ire tfre basic tier, then it must be included in tunic
service equipment. SirraaWy, if an installation involving table programming cervices also involves the basic terrace tier, it must be
included in basic service instaltations. We anticipate that virtually all equipment and insWtations w:iE involve the basic service tier
and there will thus be no need to complete this part of the cover duvet_ However, if you lease equipment and/or provide tame
insta(tat ion -related service 6%at involves ONLY your cable programming services, you shaufd complcfe the following tertian.
As for basic service, your equipment and installation rates for cable Programming service must not be included in your program
service rate, but rather mast be compleiel unbundled. In add'Riora, thane equipment and installation rates must not exceed your
actual costs, including a reasonable profit The mcdtod for unbundling your ejuipment and installation rates from cable
programming service rates, and for determining your permitted equipment and insta(tataon rates, is prescribed in Part It (un6undting)
and Part III (fate -setting) of this form_ Enter in the spaces below the rate figures you have calculated in Part Ill of this form. Your
act uat cable programming service equipment and installation cf,•uges may not exceed these rates, although they may be tower_
Permitted
Actual
(1) Charge(s) for cable programming service installations' (from Lines 6 or 7 of Equipment
and Installation Worksheets
S
$
(a) Hourly rate OR
S
S
S
$
(b) Avenge installation charges:
1. Installation of unwired homes
2. Installation of prewired homes
S
S
3. Installation of additional connection at time of initial installation
$
$
4. Installation of additional connection requiring separate installation
S
S
5. Other installations (specify)
S
S
(2) Charge for changing tiers (if any) (From Line 29, 30 or 31 of Equipment and
Installation Worksheet)
S
S
'If you have further charges for additional connections beyond those reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment and Installation Worksheet
Instructions.
G9 FCC 393 (roe 5)
AIR 1113
FCC 393, Part 1, Page 4
Permitted I Actual
(3) Monthly charge for lease of remote controls (from Line 14 in Equipment and Installation
Workshee0
S
$
Remote control type 1:
Remote control type 2:
S
S
Remote control type 3:
$
$
(4) Monthly charge (or lease of converter boxes (from Line 21 in Equipment and Instillation
Worksheet)
Converter box type 1:
S
S
Converter box type 2:
$
S
Converter box type 3:
$
$
(5) Monthly charge for lease of other equipment (from Line 28 In Equipment and InstallaCron
Worksheet)
S
$
Other equipment (specify):
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION S09).
I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good
faith.
Name of Cable Operator
Signature
Edmonds Cable Company
/ -0
Date
Title
2/28/94
President
tf I
FCC 393 rrarc 061
Aurutr 1193
FCC 393, PART II
WORKSHEETS FOR CALCULATING MAXIMUM INITIAL PERMITTED RATE PER CHANNEL FOR
BASIC TIER OR CABLE PROGRAMMING SERVICE
Cable Operator Name:
Edmonds Cable Company
Community Unit ID (CUID): WA-0099
Date; 2/28/94
Franchise Authority:
City of Edmonds
This form Is
being led (or ElBasle Tier Cable Programming
Service
Worksheet 1
Calculation of Rates In Effect on Initial Date of Regulation and Benchmark Comparison
Line
line Description
Instruction
- A
Basic
B
Tier 2
C
Tier 3
D
Tier 4
E
Total
101
Tier Charge (Monthly)
Enter for all tiers offered
$20. 56
$
S
$
102
Tier Channels
Enter for all tiers offered
29
103
104
Tier Subscribers
Equipment Revenue (Monthly)
Enter for all tiers offered
Enter In Basic Column only
9,893
$9,138.
105
Charge Factor
(Line 101 x Line 103) + 104A
212,538
212,538
106
Channel Factor
Line 102 x Line 103
286.897
286,897
107
Charge per Channel
Line tOSE/Line 106E
$0.741
108
Franchise Fee Expense (Monthly)
Enter only fees Included In Line 101 charges (See Worksheet Instructions)
$
109
Franchise Fee Deduction
Line 108E / Line 106E
S
110
121
Base Rate per Channel
Benchmark Channel Rate
Line 107E - Line 109E
Enter from Attachment A, Benchmark Cable Rate Tables
S 0.741
$ 0.713
122
GNP -PI (Current)
Enter from Survey of Current Business, Table 7.3, Line S, most recent quarter
126.2
123
Inflation Factor
(Line 122E / 121.8) -1 1121.8 - 3rd Quarter 1992 GNP -PI)
0.036
124
Adjustment Time Period
Enter number of months from 9/30/92 to date of current rate
17
12S
GNP -PI Time Period
Enter number of months from 9/30/92 to the end of most recent GNP -PI quarter
12
126
Time Factor
Line 124E / Line 12SE
1.417
127
Inflation Adjustment Factor
(line 123E x Line 126E) + 1
1.051
128
Adjusted Benchmark Rate
Line 121E x Line 127E
$ 0.. 750
FCC 393, Part II, Page 2
Cable Operator Name: CommunityUnit ID (CUID):
WA-0099
Edmonds Cable Company
Date: 2/28/94
Franchise Authority: This form is
City of Edmonds being filed for XD Basic Tier Cable Programming
(check one): Service
Worksheet 2
Calculation of Rates In Effect on September 30, 1992 and Benchmark Comparison
Line
line Description
Instruction
A
Basle
B
Tier 2
C
Tler 3
D
Tier 4
E
Total
201
Tier Charge (Monthly)
Enter for all tiers offered
S
S
S
S
202
Tier Channels
Enter for all tiers offered
203
Tier Subscribers
Enter for all tiers offered
204
20S
Equipment Revenue (Monthly)
Charge Factor
Enter in Basic Column only
(Line 201 x Line 203) + 204A
s
206
Channel Factor
Line 202 x Line 203
I
I
207
Charge per Channel
Line 20SE / Line 206E
s
208
Franchise Fee Expense (Monthly)
Enter only fees Included in Line 201 charges (See Worksheet instructions)
s
209
Franchise Fee Deduction
Line 208E / Line 206E
s
210
220
Base Rate per Channel
Benchmark Channel Rate
line 207E • Line 209E
Enter from Attachment A, Benchmark Cable Rate Tables
s
s
If Line 210E Is less than or equal to line 220E, go to Worksheet 3 and enter line 220E on line 300.
If Line 210E is greater than line 220E, go to line 23D.
230
Reduced Base Rate per Channel
line 210E x 0.9 [ten percent reduction]
s
Enter greater of lines 220E and 230E on Workshect 3, line 300.
rcc 113 tr,re at
FCC 393, Part II, Page 3
Cable Operator Name:
Edmonds Cable Company
Community Unit ID (CUID): WA-0099
Date: 2/28/94
Franchise Authority- Y
This form Is
being filed for ® Basic Tier 1:1Cable Programming
City of Edmonds
(check one): Service
Worksheet 3
Removal of Equipment and Installation Costs
Line
Line Description
Instruction
300
Base Rate per Channel
Enter from Worksheet 1 (Line 1 100 or Worksheet 2 (Line 220E or 230E)
$0. 741
301
Equipment & Installation Cost (Monthly)
Enter from Line 34 of Equipment Worksheet (Step G)
$8 780
302•
Channel Factor
Enter from Worksheet 1 (Line 106E) or Worksheet 2 (Line 206E)
286,897
303
Cost per Subscriber -Channel
line 301 / Line 302
1 $0. 031
304
Base Service Rate per Channel
Line 300 - Line 303
1 $0. 710
If Line 300 was entered from Worksheet 1, go to Line 600 and enter line 304.
If Line 300 was entered from Worksheet 2, go to Worksheet 4.
Worksheet 4
Adjustment for Inflation
Line Line Description Instruction
400 Base Service Rate per Channel Enter from Worksheet 3 (Line 304)
S
401 Inflation Adjustment Factor Enter from Worksheet 1 (Line 127E)
402 Adjusted Base Service Rate per Channel Line 400 x line 401
S
Worksheet S should be completed if Line 121E is different than Line 220E.
If Line 121E is the same as line 220E, go to Line 600 and enter Line 402.
Worksheet 5
Adjustment for Changes In Number of Regulated Channels
Line
line Description
Instruction
500
Adjusted Base Service Rate per Channel
Enter from Worksheet 4 (Line 402)
S
501
Benchmark Channel Rate (Baseline)
Enter from Worksheet 2.(Line 220E)
S
502
Benchmark Channel Rate (New)
Enter from Worksheet 1 (Line 121 E)
S
503
Channel Adjustment Factor
(Line 502 - Line 501) / Line 501
504
Channel Adjusted Base Ser. Rate per Chan.
Line 500 x (1 + Line 503)
S
If Worksheet S was used, enter Line SO4 on Line 600.
600 Maximum Initial Permitted Rate Enter from line 304; 402, or 504.
per Channel S 0.710
FCC FORM 393 — PART 111
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
Cable Operator Name:
Edmonds Cable Company
Commuarty Unit 10 (Cut ft WA-0099
Orate
2/28/94
franchise Authority:
This fo m is bring Basic Tier Cable Prosrarnmin
fikd for (die&oad_ t x)
City of Edmonds
service
CTCP 6 Cn ;er i"h2rvP
LINE 1. Annual cost of maintenance and installation of cable facilithrs and services (exclude purchase
cost of customer equipment) (Box 1 of Schedule A + Box 2 of Schedule 8)
$ 188 , 118
LINE 2. Customer equipment and insullation percentage (attach explanation)
100.0 X
LINE 3. Annual customer equipment maintenance and installation costs,, excluding cost of leased equipment
(Line 1 x Line 2)
$188, 118
LINE 4. Total labor hours for maintenance and installation of customer equipment and service (attach explanation)
8, 251 hrs.
LINE S. Hourly service charge (HSQ (Line 3 / Line 4)
S 22. 80 /hr.
STFP fi_ Indallatinn Charee
LINE 6. Uniform HSC for all installations (insert amount from Line 5)
S 22.80
OR
LINE 7. Average charge for installation type (see Schedule O for average installation charge calculations)
a. Unwired home installation (Schedule D, Line a.2J
$
b. Prewired home installation (Schedule D, Line b2a
$
c. Additional connection installation at time of initial installation (Schedule D, Line c2J
S
d. Additional connection installation requiring separate installation (Schedule D, Line d2J
$
e. Other installations (specify): (Schedule D, Line e.23
$
Item 1.
Item 2.
S
STEP C. Charges for Leased Remotes ( Iculatg separately for each significantly different type and
attach additional sheets as necessary)
LINE B. Annual capital costs (Column ) of Schedule Q
$
LINE 9. Total maintenance/service hours (attach explanation)
hrs.
LINE 10. Total maintenance/service cost (Line 5 x Line 9)
$
LINE 11. Total cost of remote (Line 8 + Line 10)
S
LINE 12. Number of units in service (Column 1 of Schedule Q
LINE 13. Unit Cost (Line 11 / Line 12)
S
LINE 14. Rate per month (Line 13 / 12 months)
S /mo.
if 14
rCc NI (rate 25)
A.V.4 1"3
FCC393, Part fit, Page2 (page 1 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary) Type 1
LINE 15.
Annual capital costs (Column J of Schedule Q
$
199
LINE 16.
Total maintenance/servioe hours (attach explanation)
hm
LINE 17. Total maintenaneelserviee cost (Line 5 x Line 16)
S
LINE 18.
Total cost of converter box (Line 15 + Line 17)
S
199
LINE 19.
Number o(unitt in service (Column 1 of Schedule Q
1,560
LINE 20.
Unit cost (Line 18 / Line 19)
S
0.13
LINE 21.
Rate per month (Line 20 / 12 months)
S
0.01 /,no.
STEP E. Charges for Other Leased Equipment
LINE 22.
Annual capital costs (Column J of Schedule Q
S
LINE 23.
Total maintenance/service hours (attach explanation)
hrs.
LINE 24.
Total maintenance/service costs (Line 5 x Line 23)
S
LINE 25.
Total cost of equipment item (Line 22 + Line 24)
S
LINE 26.
Number of units in service or number or subscribers (Column I of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
S
LINE 28.
Rate per month (Line 27 / 12 months)
S /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR
LINE 30. Uniform HSC for changing service tiers (Insert amount fnxn Line 5) OR I S
Line 31. Average charge for changing service tiers (Line 5 x Avenge hours to change tiers) S
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q
$ 218, 514
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method.
105,364
$
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301.
S 8,780
0 15
FCC 393 (r.st 261
A.%.,( 1993
FCC 393, Part III, Pagc 2 (Page 2 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary)
Type 2
LINE 1 S. Annual capital costs (Column f of Schedule Q
S
LINE 16. Total maintenancetservice hours (attach explanation)
80 hrs.
LINE 17. Total maintenanoahervice cost (Line 5 x Line 16)
S 1,827
LINE Ia. Total cost of converterbox (Line 15 + Line 17)
S 1,827
LINE 19. Number of units in service (Column I of Schedule Q
110
LINE 20. Unit cost (Line 18 / Line 19)
S 16.61
LINE 21. Rate per month (Line 20 / 12 months)
$
1. 38 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column ) of Schedule Q
S
LINE 23. Total maintenanonfservice hours (attach explanation)
his.
LINE 24. Total maintenaneelservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column 1 of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
S
LINE 28. Rate per month (Line 27/ 12 months)
S /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR S
LINE 30. Uniform HSC for changing service tiers pnsert amount from Line 5) OR S
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q
LINE 33. Adjustment of Line 32 to franchise area level_ See Instructions. Attach explanation of adjustment k
method_ l S
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Wo&sheet 3, Line 301.
FCC 393 (rase 261
Auguo 1993
FCC 393, Part III, Pagc 2 (Page 3 of 4 )
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary)
Tine_ 3
LINE 1 S. Annual capital costs (Column I of Schedule Q
S 5,765
LINE 16. Total maintenancetservice hours (attach explanation)
251 hrs.
UNE 17. Total maintenancefservice cost (Line 5 x Line 16)
S 5,729
LINE 18. Total cost of converter box (Line 15 + Line 17)
$11, 49 4
LINE 19. Number of units in service (Column 1 of Schedule Q
345
LINE 20. Unit cost (Line 18/Line 19)
S 33.32
LINE 21. Rate per month (Line 20 / 12 months)
S 2. 78 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column I of Schedule Q
S
LINE 23. Total maintenance/service hours (attach explanation)
hrs.
LINE 24. Total maintenaneelserviee costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column 1 of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
S
LINE 28. Rate per month (Line 27/ 12 months)
$ /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for lunging service tiers OR is
I LINE 30. Uniform HSC (or changing service tiers pnsert amount from line 5) OR Is
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) Is
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
I LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q I $
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. I S
LINE 34. Monthly equipment and installation cost (Line 33 112 months). Enter on Worksheet 3, Line 301. 1 $
1
KC 393 (rase 26)
AuEuq 1993
FCC393, Part tlt, Paget (Page 4 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary) Converter Box
LINE 15. Annual capital costs (Column) of Schedule Q
S
24,432
LINE 16. Total maintenancidservice hours (attach explanation)
605 hrs.
LINE 17. Total maintenanodserviee cost (Line 5 x Line 16)
S
13,784
LINE 18. Total cost of converter box (Line 15 + Line 17)
S
38,216
LINE 19. Number of units in service (Column I of Schedule Q
830
LINE 20. Unit cost (Line 18 / Line 19)
s
46.04
LINE 21. Rate per month (Line 20/ 12 months)
S
3. 84 /mo.
STEP E. Charges for Other Leased Equipment
UNE 22. Annual capital costs (Column ) of Schedule Q
S
LINE 23. Total maintenance/service hours (attach explanation)
hrs.
LINE 24. Total maintenanodservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column 1 of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
S
LINE 26. Rate per month (Line 27 / 12 months)
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR is
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR is
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) I $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q { S
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. 1 $
LINE 34. Monthly equipment and installation cost (Line 33 112 months). Enter on Worksheet 3, Line 301 _ I $
018
FCC 393 (F.ge 261
AutuR 1993
SCHEDULE A
CAPITAL COSTS OF SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
A
Equipment
I
e
Gross Book
C
Accumulated
Depreciation
p
Deferred Taxes
E
Net Book
B•(C+D)
F
Return on
Investment
G
TaZot
H
Current
Provision for
Depreciation
TOTAL
(add F, G, H)
Federal
Income
Slate
Income
Tax
Tax
Vehicles
60,706
36,267
24,439
2,749
13,249
15,998
Tools
6,240
3,735
2,505
282
1,171
1,453
Maintenance
Facility
Other (specify)
Other (specify)
TOTAL
66,946
40,002
26,944
-T
3,031
14,420
17,451
SCHEDULE B
ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
(Excluding Depreciation)
Salaries 6 Benefits Supplies Utilities Other Taxes Other (Specify)
124,508 21,876 1,399 720 15,197
Other (Specify)
6,967
TOTAL
170,667
Box 2
FCC 393 (P,se)01
I n....I inns
SCHEDULE C
CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
A
Equipment
(add additional
lines as
necessary)
B
Gross Book
C
Accumulated
Depreciation
D
Deferred
Taxes
E
Net Book
B•(C+D)
f
Return on
Investment
G
H
De Annual
reciation
en
xise
Ptovlslon on
Investment
I
TOTAL
A
of Units
in Service
TOTAL
(add F, G, H)
federal
Income
Tax
Stale
Income
Tax
Remote I
Remote 2
Remote 3
Convener Box 1
61,460
61,460
199
1,560
199
Convener Box 2
11,660
11,660
110
Convener Box 3
20,506
6,857
13,649
1,536
4,229
345
5,765
8ttier Lquipment
79,418
32,451
46,967
5,284
19,148
830
24,432
TOTAL
173,044
112,428
60,616
6,819
23,576
2,845
30,395
Box 3
rCC 393 (Page 311
SCHEDULE O
AVERAGE INSTALLATION CHAR(-,cS
Cable Operator Name: -
Edmonds Cable Company
Community Unit ID (CUID)
WA-0099
Datc 2/28/94
Franchise Authority:
This form is being Cable Programming
® Bask Tier ❑ Service
City of Edmonds
filed for (check one):
a. Unwired Home Installation:
1. Average Hours per Installation (attach explanation)
hrs-
2. Unwired Home Installation Char" (Line a.1 x HSQ
S
b. Prewired Home Installation:
1. Average Hours per Installation (attach explanation)
hrs.
2. Prewired Home Installation Charge (Line b.1 x HSQ
S
c. Additional Connection Installa(ion at Time of Initial Installation:
1. Average Hours per Additional Connection (attach explanation)
hrs.
2. Additional Connection - Initial Installation Charge (Line c.I x HSQ
$
d. Additional Connection Installation after Initial Installation:
1. Average Hours per Additional Connection (attach explanation)
hrs.
2. Additional Connection -Separate Installation Charge (Line d.1 x HSQ
S
e. Other Installation (by Item Type):
Item 1. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 1 Installation Charge (Line e.1 x HSQ
S
Item 2. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 2 Installation Charge (Line e.2 x HSQ
S
Item 3. (Specify)
1. Average Hours per Installation (attach explanation)
2. Item 3 Installation Charge (Line e.3 x HSQ
hrs.
S
NOTE: For HSC (Hourly Service Charge) use amount from Line S of the Worksheet for Calculating Equipment and
Installation Charges , page 25 of FCC Form 393.
021 FCC 393 (Page 321
AugLtA 1993
EDMONDS CABLE COMPANY
Attachment for Form 393
City of Edmonds Franchise
-------------------------
General Note as to level at which the accounting records kept:
Records for all information in this form, except revenue are kept
at the system level, not at the franchise level. Thus in performing
all computations except for equipment revenue, (which is kept at
the franchise level), a formula using the number of subscribers at
the franchise level as the numerator and the number of subscribers
in the system as the denominator was used to reduce the system
amounts to franchise level amounts. This is in accordance with the
procedure described in FCC regulation 76.924(e)(1).
Equipment revenue data:
Current FCC regulations at 76.922 allow for using a recent
representative month if there has been an unusual change in
operations. Effective September 1, 1993 all charges for additional
outlets were dropped, thus the equipment revenue numbers from the
prior fiscal year have been adjusted accordingly to remove those
revenues.
Part III, Step A, Line 2, Customer equipment and installation
percent:
-------------------------------------------------------------
An analysis was performed to determine the annual costs as required
by the schedule. The percentage of 100 was used as the amounts as
shown -in the schedules had already been reduced to those allowable
amounts, prior to entry on the schedule.
Part III, Step A, Line 4, Total labor hours for maintenance and
installation of customer equipment and service:
----------------------------------------------------------------
An analysis of annual labor hours for all employees was done to
determine the number of hours spent on the above referenced
activities. As noted at step A line 2, they were then adjusted to
include those applicable only to the basic service.
Part III, Step D, Line 16, Total maintenance service hours:
An analysis was performed in conjunction with the labor review
noted at step A line 4, to determine those hours spent maintaining
the converters referenced in this section. The hours were then
allocated to those types of converters.
CHAMBERS
COMMUNICATIONS
CORP.
June 15, 1994
Paul Mar
Community Services Director
City of Edmonds
250 5th Avenue N
Civic Center
Edmonds, WA 98020
Re: Resolution No. 793
Dear Mr. Mar:
RECEIVED
OAREGTOA
We have received a copy of Resolution No. 793 passed by the City Council on June
7, 1994. It appears to us that this Resolution directly contradicts the FCC
rules for rate regulation.
Edmonds Cable Company submitted its form 393 filing to the City of Edmonds on
March 15, 1994. The FCC has been very clear and adamant that a franchisor must
expedite rate regulations proceedings so as not to cause harm to the cable
operator. In order to avail itself of an additional 90 days in which to review
the Form 393 filing, the City would have had to pass Resolution No. 793 within
30 days after our filing. The FCC rules are explicit that, having taken no
action within that time, no further action on that filing is possible.
I am enclosing copies of pages from MM Docket 92-266, Report and Order and
Further Notice of Proposed RulemakiRg covering Section 3.b.(1)(b). I have
highlighted the significant portions of the relevant paragraphs.
Since the City can take no further action on the March 15 393 filing, the public
hearing on that filing as scheduled by Resolution No. 793 would seem to be
unnecessary.
Please call me if I can provide you with additional information.
Sincerely yours,
Sylvia Sycamore
Senior Vice President
Policy, Planning & Administration
encs.
SS/mc
EXHIBIT 4
2225 COBURG RD. PO. BOX 7009 EUGENE, OR 97401
(503) 485-561 1
to ensuring compliance, most franchising authorities argue that
the 1992 Cable Act gives them authority to establish reasonable
rates together with the authority to order rebates and rollbacks
if needed.301 Cable operators, on the other hand, argue for a
more limited role in actual rate setting for franchise
authorities. With some exceptions,303 most parties believe
that the FCC should be the forum for review of local authorities'
basic rate decisions.304
iii. Discussion
1. Review by Local Franchising Authorities
(a) Initiation of Basic Cable Rate Review
116. As a threshold matter, we must select an
expeditious way to trigger initial review of a cable operator's
current rates for the basic service tier and accompanying
equipment once a local franchising authority has been certified
to regulate those rates. As proposed in the Notice, we believe
an operator should file its schedule of rates for the basic
service tier and.accompanying equipment with the franchising
authority within a relatively brief period after receiving notice
from the franchising authority that it has been certified by the
Commission and has adopted appropriate regulations that are
consistent with our own rules and that give interested parties a
reasonable opportunity to comment.305 We will thus require a
cable operator to file its schedule of rates for the basic
service tier and accompanying equipment with the local
franchising authority within 30 days after receiving such notice.
Information on its own rates and the data needed to assess the
rate increases that are under the Commission's benchmarks and an
additional 60 days for increases that exceed the benchmarks so that
they may obtain additional information.
301 Meritor Reply Comments at 3; Charlotte Reply Comments at
3; Coffeyville Reply Comments at 2; CalCities Reply Comments at 3.
302 TCI Reply Comments at 65; Time Warner Reply Comments at 37;
NCTA Reply Comments at 66.
303 See Connecticut Comments at 13; see also NYSCCT Comments
at 2 (state agency should be forum for appeals of local rate
decisions).
304 See, e.g., Continental Comments at 47; CFA Comments at 157;
Nashoba Comments at 92; Miami Comments at 16.
305 Notice, 8 FCC Rcd at 528, para. 80; see discussion at
section II.A.3.a. (2) (c) , supra.
77
reasonableness of those rates are readily available to the cable
operator. Thus, this 30-day period should afford sufficient time
to cable operators to submit their current basic tier rates and
any necessary supporting materials such as how their rates
conform to the Commission's rate standards.306 In addition,
taken in conjunction with the time periods we establish for
decisions on basic service rates, this 30-day period ensures that
neither local franchising authorities nor cable operators delay
in starting the rate review process, thereby benefitting
subscribers in that community.
(b). Franchising Authority Review of Basic
Cable Rates
117. Franchise authority review of a cable operator's
current rates for the basic service tier and accompanying
equipment, and proposed increases in these rates, require
expedition so that protracted proceedings and concomitant
uncertainty do not injure an operator's ability to serve the
community. At the same time, franchising authorities are
required by the 1992 Cable Act to provide a reasonable
opportunity for consideration of views of interested parties. In
addition, some rate determinations may be more difficult than
others because, for example, the proposed rates exceed the
Commission's reasonable rate standards and require a more
detailed cost -of -service analysis.
306 We note, in this regard, that operators will have been on
notice that their basic tier rates might be subject to regulation
in the near future since the franchising authority's filing of a
request for certification with us. See supra at Section
II.A.3.a. (2) (c) , (requiring the franchising authority to serve the
operator with its certification request); see also Appendix D,
containing Form 393, for discussion of information that is to be
submitted by cable operator_
307 See, e.g., Continental Comments at 45-46; Cole Comments at
35.
308 The reasonableness of a given rate will be assessed by
applying an FCC -prescribed benchmark formula using characteristics
of the cable system at issue. Rates below the "benchmark" rate
produced by the formula will be deemed reasonable; rates above the
benchmark must either be reduced by a specified amount or justified
by a cost -of -service showing in order to be found reasonable under
the Commission's standards. Increases in basic service rates will
then be subject to a price cap scheme. The mechanics of this
approach are discussed in detail infra section II.A.3.c.(2)(f).
78
0 .9 r
118. To reconcile these competing interests, we will
adopt a two-step approach.309 Under the first step, if a
franchising authority is able to determine that a cable
operator's current rates for the basic service tier and
accompanying equipment are reasonable under the Commission's rate
standards, the rates will go into effect 30 days after they are
submitted. Similarly, if the franchising authority finds that a
proposed increase in these rates is reasonable under the FCC's
rules, the increase will go into effect 30 days after filing with
the franchising authority.
119. Under the second step, if the franchising
authority is unable to determine whether the proposed rates for
the basic service tier and accompanying equipment are reasonable,
based on the material before it, or if the cable operator has
submitted a cost -of -service showing seeking to justify a rate
above the reasonable level, the franchising authority may toll
the effective date of the proposed rates for an additional' period
of time to make a final determination. Specifically, a
franchising authority may toll the effective date of the proposed
rates for 90 additional days if it needs additional time to
ensure that a proposed rate is within the Commission's
reasonableness standard. A franchising authority may, however,
toll the effective date of the proposed rates for 150 days to
evaluate a cost -of -service showing seeking to justify a basic
service rate or rate increase above the presumptively reasonable
level.31' To toll the effective date of the proposed rates, the
franchising authority must issue a brief order, within the
initial 30-day period, explaining that the franchising authority
needs additional time to review the proposed rates.311 During
these 90 or-150-day periods, the franchising authority can
solicit additional information from the cable operator, if
necessary, and consider the views of all interested parties.
However, the franchising authority must take action on the
309 See generally Northland Comments at 28-29; Cole Comments
at 34.
310 If a cable operator submits a proposed rate increase for
review that appears to exceed the presumptively reasonable level
and does not include a cost -of -service showing to justify the rate,
the franchising authority must permit the cable operator to cure
this deficiency and submit a cost -of -service showing.
311 If the franchising authority is unable to determine whether
the proposed rate complies with the Commission's reasonable rate
standard, then the order tolling the effective date of the proposed
rate should explain why the franchising authority could not make
such a determination. The order should also provide the cable
operator an opportunity to cure any deficiencies in its original
filing.
79
C�
t1
proposed rate within these additional 90 or 150 days. If no
action is taken within these time periods, the proposed rates
will go into effect, subject to subsequent refund orders.312
Nevertheless, a franchising authority may issue a written
decision after the additional 90 or 150 days have lapsed and
order refunds for any portion of the proposed rates that are
found to be unreasonable and are not sufficiently justified. In
such situations, a franchising authority must issue a brief
written order at the end of the 90 or 150 day periods requesting
the cable operator to keep accurate account of all amounts
received by reason of the proposed rate and on whose behalf such
amounts are paid.313
120. This two-step approach appropriately balances the
cable industry's desire for expedition --in the rate determination
process and the franchising authorities' need for a sufficient
amount of time to obtain the views of interested parties and to
make an informed and reasoned judgment on proposed rates. The
first step promotes the goal of expedition to the fullest extent
possible by requiring franchise authorities to evaluate a cable
operator's showing within 30 days. If the franchising authority
takes no action within this 30-day period, the proposed rate will
go into effect . 314
121. The second step permits franchising authorities
sufficient time to make informed decisions by providing
additional time in those cases that are likely to be complex --
i.e., where it cannot be determined, based on the material
submitted, whether the operator's rates are reasonable or where a
cost -of -service showing is necessary to justify a rate above the
permitted levels.315 We believe that a total of 120 days (i.e.,
3" As explained in Section II.A.3.b. (2) (a) , infra, any refunds
ordered by the local franchising authority may extend back only to
the effective date of our rules in this proceeding or one year,
whichever is shorter.
313 See infra id. for a discussion of refunds and accounting
orders.
314 We note that where a proposed rate increase goes into
effect due to franchise authority inaction, of the authoprity fails
to take any action regarding the reasonableness of current rates,
the authority lacks the power to order refunds. If the authority
wishes to retain the right to order such refunds, it must at
minimum issue an order stating that it will need additional time to
reach a decision on the merits.
315 At least one commenting party interprets Section 623 (b) (6)
of the Cable Act as requiring local franchise authorities to review
and render a decision on a proposed rate increase within 30 days
80
30 initial days plus 90 additional days) should be a sufficient
amount of time to resolve cases requiring further analysis or
documentation to ensure that a proposed rate is within the
{ presumptively reasonable level. We are also of the view that 180
days (i.e., 30 initial days plus 150 additional days) should be
enough time to review cost -of -service showings seeking to justify
rates above the reasonable level. We believe that delaying rate
determinations in either of these instances for more than 120-or
180 days, and the uncertainties likely to result therefrom, may
have an adverse effect on a cable operator's operations, planning
and financial stability. Consequently, we believe that tolled
rates that are alleged to be within our reasonableness standard -
should go into effect after 120 days and that tolled rates
proposed in a cost -of -service showing that exceed the
presumptively reasonable level should go into effect after 180
days. While we are permitting these rates to go into effect, we
recognize, as suggested by some franchising authorities316, that
in unusually complex cases, an even greater period of time may be
necessary to prepare a rate decision. Consequently, we will
permit a franchising authority to issue a written decision after
120 or 180 days and to order -refunds for up to a one year period
for any amounts later found to be inconsistent with the Cable Act
or our rules.
122. We also believe that there are deficiencies in the
other options proposed in the Notice that make them less
desirable than the two-step approach we adopt. For example, the
proposal to have all proposed rate increases become effective
within 30 days, subject to refunds,31' could undermine the intent
of Congress -- as expressed in the legislative history of the Act
-- to protect consumers' interests against potentially
unreasonable rate increases.318 Our two-step approach seeks to
avoid this result by permitting franchising authorities to toll
proposed rates and to analyze them for 120 or 150 days before the
rates become effective. In addition, as discussed above, 30 days
is probably not a sufficient time period to resolve complex rate
cases where the presumptively reasonable rate level is being
after receiving notice from the cable operator of the proposed
increase. See Caribbean Comments at 16. We disagree with this
view. The explicit language of this section requires a cable
operator to give advance notice of 30 days to a franchising
authority of an intent to raise rates, but has no specific
application to franchising authority decisions on such proposed
increases.
316 See, e.g., NATOA Comments at 56.
317 See, e.g., CATA Comments at 30-31.
318 See Conference Report at 60-62; House Report at 79.
030
exceeded. Also, the second proposed option, to use the
Commission's tariff model and require all rate determinations to
be made in 90 or 120 days, would likely cause needless delays in
simple cases where the rates are readily determined to be
reasonable under the Commission's rate standards."9 Finally, we
believe that the two-step approach should apply to both initial
and subsequent reviews of rates because the same concerns
regarding the need for expedition and for sufficient time for
meaningful review by the franchising authorities are present in
both contexts and because the two-step approach provides the
necessary flexibility to accommodate these competing concerns.
(c) Due Process Concerns
123. Having established expeditious time periods for
local franchising authorities to review rates for the basic
service tier and accompanying equipment, we next must ensure that
all parties receive the due process to which they are entitled.
First, to ensure that interested parties have an adequate
opportunity to comment, the Notice proposed that a cable operator
notify subscribers in writing of a'proposed rate increase at
approximately the same time it notifies the franchising
authority, i.e., at the billing cycle closest to 30 days before
any proposed increase is effective.320 While there was
widespread support for this proposal from both municipalities and
cable operators,321 there was disagreement among the commenters
as to the content and manner in which this notice should be
provided. For example, NATOA contends that cable operators
should provide notice not only to subscribers but also to
potential subscribers through local newspapers or other means,
because they are interested parties.3n In addition, NATOA
suggests that "such notice also should inform subscribers where
and how they might contest the rate increase."m On the other
hand, one MSO that addressed this issue contends that requiring
cable operators to publish proposed rate increases in newspapers
is unnecessary, since prospective subscribers do not have
standing to sue.324 Likewise, another MSO contends that
319 Notice, 8 FCC Rcd at 528, para. 80.
320 Notice, 8 FCC Rcd at 529, para. 84.
321 See, e.Q., NATOA Comments at 59; Continental Comments at
45; Cole Comments at 34; Miami Comments at 14; Minnesota Comments
at 17; and NY Consumer Comments 10.
322 NATOA Comments at 59.
323 NATOA Comments at 60; see also Minnesota Comments at 17-18.
324 See Time Warner Reply Comments at 36.
82
J
Y 890 19C)
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning • Parks and Recreation • Engineering
June 29, 1994
Sylvia Sycamore, Senior Vice President
Edmonds Cable Company
2225 Coburg Road
P.O. Box 7009
Eugene OR 97401
Dear Ms. Sycamore:
LAURA M. HALL
MAYOR
am writing in response to your June 15th letter with regards to City of Edmonds
Resolution 793 and your testimony of June 28th on cable TV rates at King
County's public hearing. While your citations in the June 15th letter are correct,
your testimony, under oath, on June 28th before the King County hearing
examiner indicates that the information provided to the City in your Form 393 is
inaccurate and will require the filing of an amended submittal.
As I recall, your Form 393 uses nineteen satellite channels to determine the non -
inflated benchmark rate, which then triggered a specific calculation of the
inflation factor to determine the inflated benchmark rate. At the June 28th
hearing, you testified that your Form 393 should have used eighteen satellite
channels, and in doing so would trigger a different inflation factor, with a
resultant different benchmark rate.
Since Edmonds Cable Co. provides the identical cable TV programming service
to customers in our franchise area as in north King County, it appears to me that
your Form 393, as submitted in March 14, 1994, is incorrect.
request that your firm submit a corrected From 393 as soon as possible. In the
meantime, we will defer taking any further action on a public hearing until we
receive the updated and correct information. Please call me if you have any
questions.
5i ere Iy,
Pau Mar ��—
Director
cc_ Scott Snyder, City Attorney
FxH,l�Ir 5
• Incorporated August 11, 1890 •
0006.080.003H
WSS/are
06/03/94
R: 06/08/94
RESOLUTION NO. 793
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, NOTING RECEIPT OF AN
APPLICATION FOR APPROVAL OF A RATE SCHEDULE
FROM THE CITY'S FRANCHISEE EDMONDS CABLE
COMPANY ON MARCH 15, 1994 EXTENDING TIME FOR
REVIEW BY 90 DAYS AND SETTING A HEARING DATE.
WHEREAS, FCC regulation and City Ordinance require the City to reach a
decision within thirty (30) days or extend an additional ninety (90) days for hearing, and
WHEREAS, the City Council deems it to be in the public interest to provide for
notification, comment and hearing as provided in City ordinance prior to a public hearing on the
proposed rates, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Edmonds hereby determines that it
shall require additional time to make its rate decision and elects an additional ninety (90) days
in which to review the rate proposal of Edmonds Cable Company, based upon FCC benchmark
regulations.
Section 2. The City Council establishes July 19, 1994 at 7:00 p.m. or as soon
thereafter as the matter may be heard as the hearing date on the proposed rate increases.
Pursuant to Edmonds City Code notice of the hearing shall be published by the City Clerk in
the City's official newspaper at least twenty (20) days prior to the hearing. Any interested party
76212.1
a
may file a written objection to the proposed rates by providing such written objections to the
Office of the City Clerk ten (10) calendar days prior to the hearing date set.
Section 3. The City Council reserves to itself the right to direct refunds as may
be appropriate retroactive to the date the City was certified for rate regulation and the right to
review any and all future rate adjustments from the Form 393 presented to the City with respect
to regulated rate"categories.
Section 4. The City Clerk is hereby directed to provide a copy of this resolution
to Edmonds Cable Company and Chambers Cable, its parent corporation.
RESOLVED this 7th day of .Tune , 1994
APPROVED:
URA M. HALL
ATTEST/AUTHENTICATED:
0
FILED WITH THE CITY CLERK: 06/08/94
PASSED BY THE CITY COUNCIL: 06/07/94
RESOLUTION NO. 793
76212.1 -2- 0
CHAMBERS
COMMUNICATIONS
CORP.
VIA FEDERAL EXPRESS
June 14, 1994
Paul Mar, Community Services Director
City of Edmonds
250 5th Avenue N
Edmonds, WA 98020
Dear Mr. Mar:
J U N 1 5 11994
L%!s:camiUF,
Enclosed please find completed FCC Forms 1200, 1205, 1215 and Attachments for
Forms 1200 and 1205 for Edmonds Cable Company. Please contact me if you have any
questions.
Sincerely yours,
Sylvia Sycamore
Senior Vice President
Policy, Planning & Administration
enc.
cc: Jack Gradwohl, Area Manager
SS/mc
EXHIBIT 6
2225 COBURG RD. P.O. BOX 7009 - EUGENE, OR 97401 - (503) 485-561 1
Federal Communications Commission, Washington, D.C. 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
FCC FORM 1200
SETTING MAXIMUM INITIAL PERMITTED RATES FOR REGULATED CABLE SERVICES
PURSUANT TO RUMS ADOPTED FEBRUARY 22, 1994
'FIRST—TIME FILERS FORM'
Community Unit Identifier (CUID) of cable system Date of Form Submission (mm/dd/yy)
WA-0099 06/15/94
Name of Cable Operator
Edmonds Cable Company
Mailing Address of Cable Operator
2225 Coburg Road
City State ZIP Code
3
Eugene R2 7401
Name and Title of person completing this form:
Michael Kehoe Controller
Telephone number
Fax Number
(503) 485-5611
(503) 342-1568
Name of Local Franchising Authority
City of Edmonds
Mailing Address of Local Franchising Authority
250 5th Avenue N.
tate ZIP Code
City �SA
Edmonds 8020
1. Place an "x" in the appropriate box:
A. Is this form being filed for the first time anywhere? YES [ XNO
B. If you answered "no" to IA., is this an exact copy of the FCC form 1200 submitted elsewhere?
YES NO
C. If you answered "yes" to 1B., enter the date on which the FCC form in 1B. was filed. _
(mm/dd/yy)
2. Enter the date of the rates you are seeking to justify with this filing 1 09/01/93 1 (mm/dd/yy)
3. Indicate which of the following forms are attached by placing an 7e in the appropriate bor(c x)
FCC Form 1205 "Equipment Form" completed for the fiscal year closing. 061W0 93 (mm/dd/yy)
FCC Form 1205 "Equipment Form" completed for the fiscal year closing: (mm/dd/yy)
I
FCC Form 1210, "Update Form" covering the period from: I to L (mm/dd/yy)
FCC Form 1215, "A la Carte Offerings".
0.14
Page 1 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, D.C. 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE A: CALCULATING YOUR MONTHLY REGULATED REVENUES PER SUBSCRIBER AS OF MARCH 31.1994
a b c d
Line Line Description Basic Tier 2 Tier 3 Tick- 4 Tier 5
Al Channels per Tier as of 3/31,94
29.0000
A2 Subscribers per Tier as of 3/31/94
9952J0000
A3 Subscriber —Channels per Tier [AIxA2]
............ ..................
.......................
.............
A4 - Sum of Subscriber —Channels [sum A3 col. a—e]
...............
..............
...............
...........
288608 ...
........... .. ..............
............ ..................................
................ ............ ...
............ .
......
..........
.........
..
.... .... .
A5 Percentage of Sub. —Channels per Tier [A3/A4]
.....................
..................
....
A6 Monthly Charge per Tier as of 3/31/94
$20-5600
FA7 Subscriber Revenue per Tier [A2xA6]
.................
............ ...
::'::::A%64
.. ........
...........
........... ....... ...... .............. ......
A8 Total Subscriber Revenue [sum A7 col. a —e]
............. ..........
$11,000.0000
$O.00DO
................. .................
.... ...........
.:: . :::
n
A9 Total Equipment Revenue as of 3/31/94
A10 Any Franchise Fees included in A8 or A9
All Total Regulated Revenue [A8+A9—AI0]
I
i Al2 Total Regulated Revenue per Sub. [All/A2 col. a]
Page 2 Lotus 3.1 +; Version 2.0 FCC Form 1200, May 1994
Federal Communications Commission, Washington. D.C. 20554
Approved by: OMB 3060-0601; Expires: 4/30197
If you indicated your March 31. 1994 CPS rates included all allowable external costs, an "X" will appear in the box to the left
To change the status of this box, you must re —run the macro by pressing alt—m.
MODULE B: ADJUSTMENTS FOR CERTAIN EXTERNAL COSTS THROUGH MARCH 31. 1994
a b c d e
Line Line Descri Lion Basic Tier 2 Tier 3 Tier 4 Tier 5
Beginning Date External Cost Data
Bl Enter the Beginning Date (mm/dd/yy) [See Instructions]
02/28/94
B2 Programming Cost per Tier on Beginning Date
$37,145.0500
B3 Taxes per Tier on Beginning Date
$0.0000
B4 Franchise Related Costs per Tier on Beginning Date
$0.0000
BS Total External Costs per Tier [B2+B3+B4]
$ 37"I450500::
88�'
B6 Subscribers per Tier on Beginning Date
10052 0000
7 Avg. Ext. r Sub. r Tier on Beginning Date B5/B6
B g per per 8 g I ]
:: k {
:,� 6
::�Q SOD:
; ,� -
_Sfl• o-
- -- _
March 31, 1994 External Cost Data
B8 Programming Costs per Tier on 3/31/94
$37.039.8700
B9 Taxes per tier on 3/31/94
$0.0000
B10 Franchise Related Costs per Tier on 3/31/94
$0.0000
Bill Total External Costs per Tier [B8+B9+B10]
S3F:Q39$J
:-:4Qp
- ::
SfJiOtig4
50.0000
B12 Subscribers per Tier on 3/31/94 [A2]
:995i 09
:......0::
: 0:0000
::EFA[IDO:
¢4U04:
B13 Avg. Ext. Costs r Sub. r Tier on 3/31/94
8 per per
:: �3'TxL�i•
-:::::::::1::::
' ' : ' ::: SO:UOJ10-
•::::::::::SO QOOU:40t31}:
Change in External Costs
B14 Net ExternalCosts per Sub per Tier IB13-1371
•040:'
Net External Costs r Tier B12 x B14
B15 N Ext C per [ ]
::�•�
: '
B16 Total Net External Costs [sum B15 col. a—e]
: 52643489
,Sli
:.:. ; ....
::•$Z : }
-
----- :>
�-
t-.
B17 Avg. Change in Ext. Costs per Sub. [1316/1312 col. a]
B18 Current Rate without External Costs JA121
FCurrent
B Rate with External Costs [B17+1318]
0:i6
Page 3 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, D.C. 20554
C
Approved by: OMB 3060-0601; Expires: 4/30197
If you indicated you qualify as a "Small Operator" an ")0 will appear in the box to the left, then strip Module C.
To change the status of this box, you must re —run the macro by pressing alt—m.
[MODULE C: CALCULATING YOUR BENCHMARK USING MARCH 31. 1994 DATA
a b c
line Lisa Ilcccri [inn Bssic Tier 2 Tier 3
Cl Channels per Tier as of 3/3104 [Al]
C2 Number of Regulated Non —Broadcast Channels per Tier
C3 Subscribers per Tier as of 3/31194 [A2]
C4 Number of Tier Changes in Fiscal Year 93
CS Census Income Level
C6 Number of Additional Outlets in Fiscal Year 93
C7 Number of Remotes Rented in Fiscal Year 93
CS Number of System Subscribers
C9a Were you part of an MSO on 3/31/947 (1=Y, 0=N)
C9b Number of Systems in your MSO as of 3/31/94
C10 Benchmark Rate
20.0000
::........:.:-0oua
0.0000
$40,515.0000
3967.0000
654.0000
21165.0000
1
7
d o.
Tier 4 Tier 5
a:aoiiu::::::.o-ii
COMPARISON OF MARCH 31, 1994 RATE WITH BENCHMARK RATE
If B19 (your 3/31/94 rate adjusted for external changes) is larger than C10 (your benchmark rate), skip Module D, and complete Module E.
If C10 (your benchmark rate) is larger than B19 (your 3/31/94 rate adjusted for external changes], complete Module D, and skip Module E.
N
'f(Q,UX-C !RF?FNT'RATE--W>-I'IX l XT.1sizt'f�;1:.CJMTA^-XS:4 ? XT9 AR
ill:I;: .:-:.:•:•
.... .. _ -
0 •1
Page 4
Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0601; Expires: 4/30197
MODULE D: RESTRUCTURED MARCH 31.1994 RATES TO BE COMPLETED IF LINE B19 < C10
a b c d
Line Line DcREdption Bazie Tier 2 Ti" 3 Tier 4 Tier 5
.................
............... I I .................
DI Total Regulated Revenue per Sub. [line Al2]
D2 Monthly Equipment Cost per Sub. [From Form 1205]
.................
---------------
------------
-------------
D3 Monthly Service Revenue per Sub. [Dl—D2] ......
---------------- ------- ---------
.............. ............. . .................. ....... .........
D4 Number of Subscribers per Tier a's of 3/304 JA21 .
.... .............. ..... ........
DS Total Regulated Service Revenue [133 x D4, cot. a]
---------- ....
...............
...........
- - - - - - - - - - - - - -
................
.................
*•n ............
. (*,.*:::"+"+,+�.:."::::::::::::�
.............................. ............. ..........
................ ..........
"/�:' � --- — . I ....
D6 Percentage of Subscriber —Channels per TierJA51
.................
,::::
............ •
D7 Regulated Revenue per Tier [D5 x D6, cot. a—e]
..................... ....................
.................
..... ...................
...............
............
....... .. ..............
........
...... .. ..............
D8 Regulated Revenue per Tier per Sub. [D7/D4]
.......... .............. --
................
..............
.... ---
...............................
. ....
..
.......... — ..
.................. .................
.............
D9 Net External Cost per Tier per Sub. [B141
...........
.. ................
..........
'nfa . :
............
X!
......... ...
.. -- ...........................
. .....
.........
...
........ .......................
....................
......... .. ....
. ..............
I ...... ..............
.. .............
..............
;��. ......
...............
......
....... ...............
rD.....•
IO Restructured 3131/94 Rates [D8 + D9]•
. .............
------
..
.......
...............
......
If you completed Module D, go to Module F, and enter Line D10, columns a—c. on Line FI.
MODULE F— RESTRUCTURED BENCHMARK RATES TO BE COMPLETED IF B19>C10
a c d
Line Line Dcsc!jetion Basic Tier 2 Tier 3 Tier 4 Tier 5
El Benchmark Rate [CIO]
................. .................
$0.9031
.................
.................
............
...............
....................
.......... ... . . . . . . . . . . . . . . . . . .
-------
... .......... .... . .
.. ........ ...... . ........
E2 Monthly Equipment Cost per Sub. [From Form 1205]
E3 Benchmark Rate minus Equipment Cost [El — E21
E4 Number of Subscribers per Tier as of 3/31/94 [A21RQ4Q..............
E5 Total Regulated Service Revenue [E3xE4. col. a]
............
---------------
E6 Percentage of Subscriber— Channels per Tier (AS]
E7 Regulated Revenue per Tier IE5xE6. col. a—e]
E8 Regulated Revenue per Tier per Sub. [E7/E4]
..................
......
.
..........................
.......
Q-0000:
.... — --1
...............
...........
.......................
.....
........... 1— ..........
.
....... ...
.......... :$PAM. Q::
...
...........................
...............
....
- - : 96
...................
.............
If you completed Module E, go to Module F and enter Line E8, columns a—c. on line Fl.
MODULE F- PROVISIONAL RATE
b d
a r
Line line Descr Basic Tier 2 Tier 3 Tier 4 Tier 5
............. ......
Provisional Rate per Tier ...... M0
F1 T§A. I I � I I I 'A44w:
-------------
Page 5 Lotus 3.1 +; Version 2.0 FCC Form 1200; May 1994
FederM Communications Commission, Washington, D.C- 20554 Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE G: CALCULATING YOUR FULL REDUCTION RATE USING SEPTEMBER 30.1992 DATA
a b C d e
Bessie
Tier 2 Tier 3 Tier 4 Tier 5
G1
Subscribers per Tier as of 9/30/92
9723.0000
G2
Monthly Charge per Tier as of 9/30/92
$18.2500
G3
Subscriber Revenue per tier [GI x G21
.............
......T17......................
...............
.. . . .............
. . .
G4
Total Subscriber Revenue [sum G3, col. a—e]
...............
- --- ---------
G5
Total Equipment Revenue as of 9/30/92
$26,132.0000
$0.0000
..........
................. ................
G6 Any Franchise Fees included in 04 or G5 above
G7 Total Regulated Revenue [G4+GS—G6]
G8 Avg. Regulated Revenue per Sub. [G7/G1, col. a]
G9 Adjusted for 17% Competitive Diff. [G8 x.83]
..............
.................
GIO Avg. Reg. Rev. with Inflation to 9/30/93 [G9 z 1.03]
..........
MODULE H: ADJUSTMENTS FOR CHANNEL CHANGES FROM SEPTEMBER 30,1992 TO THE
EARLIER OF THE DATE OF INITIAL REGULATION OR FEBRUARY 28, 1994
b
cd "
Line Line Description
Basic Tier 2
Ticr 3 Tier 4 Tier 5
September 30,1992 Data
HI Total Regulated Channels 9/30/92
28.0000
H2 Subscribers to the System as of 9/3002
20515.0000
H3 Total Regulated Satellite Channels as of 9/30192
17.0000
Data from the Earlicrof the Date oflnitial Regulation orFebruary28. 1994
H4 Enter the Start Date [See Instructions]:
02/28/94
H5 Total Regulated Channels
29.0000
H6 Subscribers to the System
21335.0000
H7 Total System Regulated Satellite Channels
17.000
Adjustment for Channel Changes
.............
H8 Adjustment Factor from Benchmark Formula
-----------
H9 Gross Full Reduction Rate [GIO x H81
..................
.................
02
Page 6 Lotus 3.1 +; Version 2.0 FCC Form 1200; May 1994
- Feaeral Communications Commission, Washington, , ... 20554
Approved by: OMB 3060-0601; Expires: 4/30/97
MODULE I: RESTRUCTURED FULL REDUCTION RATE
a b c d e
Line Line Descri tion Basic Tier 2 Tier 3 Tier 4 Tier 5
Il Gross Full Reduction Rate [H9]-:.14
.... 9700
$0.9031
4952 ttftil8
" : �:iiiiou:: ....... . : i¢
000:: 0000 :
12 Monthly Equip. Cost per Sub. [From Form 12051
I3 Full Reduction Rate 111-121
I4 Subscribers per Tier as of 3/31194 [A2]
15 Regulated Revenue [I3 x I4, col. a]
—
I6 Percentage of Subscriber Channels [A5]
--------------
0000:
::......
::......:: :......•' .:41600
I7 Regulated Revenue per Tier (IS x I6 col. a —el
>60:dOt)0"
::SOOOb#
:.�Q.1..
e r Sub. I7I4 col. a—e
I8 Regulated Revenue per Tier per S [ / ]
::5i7:0661
::-'-'-'�' • • ...
........
:: 0�000:::::::::::::::::::50:0000
?:�:�:•:�:�:�:. $......
.� .. -
:: =: =:=:::::SOODDO:
........
-_:::: ;: :::::; .......
...-.�, ..,-.-
Data from the Earlierofthe Date oflnitia/Regulation or February28,1994
19 Enter Start Date (mmldd/yy) [see instructions]
02/28/94
I10 Programming Cost per Tier at Start Date
$37,145.0500
Ill Taxes per Tier at Start Date
$0.0000
I12 Franchise Related Costs per Tier at Start Date
$0.0000
1 External Costs r Tier I10+Ill+I12
I13 Tote Exte per [ ]
:: �3 1;�30S0fI
.
:: 0-0000::::.
, .:. $0:00�0S0DD00:
I14 Subscribers per Tier at Start Date
10052.0000
I15 Avg. Ext. Costs per Sub. per Tier at Start Date [I13/I14]
;,'$,F' .fi95.3:
sd:
. 9419�::
oad:
-:�'��:4 .
onoo
'-'�- .
:v
..�744•:
Change in External Costs
Avg. Ext Costs r Sub. r Tiers o[ 3 31/94 B13
I16 g pe pe / [ 1
71$
. : xQ;
: SU,9�:
' : $o-00RQ
3Dt10A
I17 Net Externals per Tier per Subscriber 1116-1151
SOA?bfi
•: :::$0 000:::::::;:::':::
50.0000:
'r SO,U004:
I18 Full Reduction Rate + Externals [18+117]
:: Si9:494:
;-
:
::::::::.00i10
: $O.t1000:
pin
Page 7 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
Fedeial Communications Commission. Washington.
Approved by: OMB 3060-0601; Expires:4130197
MODULE J: COMPARISON OF PROVISIONAL RATE WITH FULL REDUCTION RATE
a b c d e
line Line Description Basic Tier Tier 3 Tier 4 Tier 5
_
Jl Subscribers per Tier as of 3/31/94 [A2]
51952i}kOQ::
:fl.'000(t
- -:O0iiU::
: A:OUflU-
9AU9[]:
J2 Weighting Factor [Jl col. a—e / Jl col. a]
:�:1.1fQ0(}::
:�:��1QQQ
•':$���::
: �
4 0000:
J3 Provisional Rate [Fl]
&1�:9358
O�OQLi::
•:�..
_ : fiQ:00fi0;
;=SPiN[OU:
t.ODOfl
J4 Weighted Provisional Rate [J2 x J31
: 51351!4[(00:
J5 Aggregate Provisional Rate [sum J4 col. a —el
::-ST4�3SS
: : SU:0000
:S0 0000:
" : 0000: ::UJI000:
•:�. - -
J6 Full Reduction Rate [I18]
SL7fl934
J7 Weighted Full Reduction Rate [J6 x J214113=
tis3a.:
>;4i10(9i=
= d4drf
; ..........
................
J8 Aggregate Full Reduction Rate [sum J7 col a—e] 517:0Q36
COMPARE LINES 15 AND J8.
If J5 is larger than J8, enter the amounts from line J3 (your provisional rate) in line Kl below.
If 38 is larger than J5, enter the amounts from Line J6 our full reduction rate in Line Kl below.
MODULE K_ MAXIMUM PERMITTED RATES BY TIER
Kl MAXIMUM PERMITTED RATES
Note 1: The maximum permitted rate figures do not include franchise fees. The amounts billed to your subscribers will be the sum of the appropriate
permitted rate and any applicable franchise fee.
Note 2: The maximum permitted rate figures do not take into account any refund liability you may have. If you have previously been ordered by the Commission
or your local franchising authority to make refunds to subscribers, you are not relieved of your obligation to make such refunds regardless of whether
the permitted rate may be higher than the contested rate or your current rate.
CERTIFICATION STATEMENT
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001� AND/OR FORFEITURE (U.S. CODE. TITLE 47. SECTION 503).
I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good faith.
Name of the Cable Operator
Edmonds Cable Company
i Date
041.
Page 8 Lotus 3.1+; Version 2.0 FCC Form 1200; May 1994
'Federal 6otnmunications Commission, Washington, D. _. 20554
Approved by. OMB 3060-0592; Expires: 4/30/97
FCC FORM IL205
DETERMINING REGULATED EQUIPMENT AND INSTALLATION COSTS
-EQUIPMENT FORM"
CommunYy tiatt ldeetiinr(CIIID) of able sysrnm
Da[e.vf Form 5ubm'es;�
WA-0099
060/94
Name of Cobb Operator
Edmonds Cable Comps my
Maibag Addn of Cabl=Operator
222S Coburg Road
I
Cry
State
�Zlr Cods
Eugene
Oti
7401
N. me .od Tide of person completing th 6 form:
Michael Kehoe Controller
Telephone Dumber
Fax Number
(501) 405-5611
(S81) 342-1569
Nameof Local FranchLingAuthority
City of Edmonds
Mailing Address of 1.ocat Franchising Authority
2SO 5th Avenue N.
fyry, ate IZIPCsdr
Edmonds A Ipg020
1. This form is being filed: [Ester am Y In the appropriate boa]
1AIn eomjunction with FCC Form 120% FCC Form 1220. or FCC Form 1225
Attach the completed FCC Form 1200. FCC Form 1220. or FCC Form 1225 to the front of this fora.
OR
Ella order to fulfill FCC rules requiring an annual filing of this form
Euterthe date on which you last filed this form
Note: This should be the date no which the sates lastjustified, by using either FCC Form 393 or the prior filing of this form wen in effect.
i Ester the date on which you dosed your books for the fiscal year reflected In this form 1 06/30N[t._�mns'ddhY}
Note: This will indicate the and of the 12—mouth fiscal yearfor which you . re filing this form.
3. Indiate the corporate status of your able system (Ester on Y is the correct boa[
C—Carpomtion
X SubdsapterScorporation
Partnership
Sob. Proprietorship
Other (Please explain below]
04?
Page 1 Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, L..—. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
BOX 1.
Specify: Other 1.
Specify. Other 2.
I SCHEDULE B: ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT I
A I Annual Op. Expenses for Service Install. and Maint of
TOTAL [sum of Lime A
Salaries Other I- Other 2.
k Benefits Supplies Utilities Other Taxes _ _[S a below) SSpe Uybelow]_
S124S06A000 $21,876.0000 S1,399A000 $720.0000 1 $15,197.00(N K%7.0000
Box 2.
Specify: Other 1. Auto & Truck
Specify. Other2 Couverter
043
Page 2 Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
-Federal Communications Commission, Washington!,20554 Approved by: OMB 3060-0592; Expires: 4/30/97
SCHEDULE C: CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
p
i moot
Remote ]
Remote 2
Ramate 3
Converter 1
Converter 2
Converter 3
Otbar Eq.1p,
B
alal Mainim a nmc Sc mic i Sorrs(Attach Explanation)
0.0000
SM0000
251.0000
605.0000
C
otal * of Units in Service
1560.0000
110.0000
345.0000
930.0000
D
3ross Boole Value
561,460.0000
$111660.o000
$2050&0000
$79,41&0000
E
k=mulated Deprodatlm
$61,460.0000
$11,660.0000
S6A&S7.0000
$3745L0000
F
Deferred Taxes
G
H
14at Book Value [D—(E+F)l
rwsed—Up Rate of Return [From Stbed. A. Line H]
t
4 j0.00tM
. 50.1173
AA).0-M
SO.OU00::::
:".. S0.0000
MOW)
4 4900P,;
SOW
somw
30.9tlIZQ
`<-:: ";; Si36&t9.0000
tl�3s 5125.
-' ; A.
:.,::544967.900.0
jS jars 71ri5.
[
etum m Investmant Grossed—UpforTaxes [G x H]
50.0440
J
went Provisim for Depredation
S199.0000
$0.0000
$4.229.0000
$19,14&0000
K
ownual Capital Costs[I+ J]
MOM
Mow
S0.0000
319wai
SOd1400
�� �55,7445l75
.� 521.411.7873
L
RAND TOTAL [sum of Line K entries].S7Q}9i.7000
Box 3.
SCHEDULE D.-AVERAGE HOURS PER INSTALLATION
A. Awnge Hours par Unwired Home Installation(anal w oxpbuwtlm)
B. Avenge lours per Pre— Wired Home bstallatlan (anack an expiaaatim)
C. Asbmgn Hours yet Additional Connection Installation at Time of Initial lasts llativa (attach an explanstina)
D. Awrage Hours per Additional Connection Installation Rogairing Separate Installation (attah an ettplwation)
E. Otherinstallation (byltemType):
Item 1. (Specify)
Awrage Hours per Installatim (attach an explanation)
Item2.(Specify)
Avenge Hours per Installatim (attach an espbmati=)
Item 3. (Specify)
Average Hours per Installation (attach an explwatim)
044
Page 3 Lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
-Federal Communications Commission, Washington, D. 20554 Approved by. OMB 3060-0592; Expires: 4/30/97
WOR MH EET FOR CALCULATING rER 11A rrMD EO UI V)d ENT AND INSTALLATIOS CHARGES
STEP A- Hoer Sorvim Ch e
1 TotalG tRlCgsupflnrtallaq= and Malotm Rnoo Sebodule A, Boil
i51.79011
2 Tabd Annual Oporadutm for tox"Ba0w Rod Me btensnee FS64dule B. Box2
SS70.6G3.4700:
3 Total Capital Cwts a nd Ora dox Expmzseafa LuaulEmloaaadMaln[ouanan LSaa1+I3nn2.
Cu ssomor EAui nr so d lnttalbtirm Force on go atrsch ane ianatieo
S1bRrti6.20d4
1'�0
5 Annual Llntomer ul t Maiosenaa" aad Iartallarkc EvJad'o Cants of Lcased i t e 3:1100A
:. SlER,13l.7.000
6 Total Labor Hm n for Mabroa a oco Rod In mBsrlon o4Csunmoar i nt and Se n3 a lk --min
9251.0000
7 Hour SerAoo Cho a 1i Line 5/13ae 6
42199� 5
METHOD OF BILLING FOR INSTALLATIONS (place an Y In the appmprnte bos)
X Installations bi0ed by the hour based on the HSC calculated in line 7.
Insta lbl lan. bined a s a au nda rd [ba
r.-
Al .a )
Page 4
Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.Q. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
STEP C_ Charges for leased Remotes
Ghaml.te se rate for each si vKi-.0 different
•
Remote 1
b
_ Remote 2
c
Remote
10 Total Maintanavm/Service Hours Correa nd' coin® from Schedule C, Ise B
OA000
_._ _ aiift
— �52L7994
G•0000
11 HSC fame 7S2L7944
.. :I22.7994
12 Taul b4aintro.noNService Cott fine 10 xllaa Ill
50.0000
SOAm
13 Annual Ca italCosts [Corresponding column from Schedule G Lee KI
50.0000
SOA000
14 Total Cost of Remote Line 12 + Line 13
S0-iraw
.,., 540904
SD.
15 NumberofUeltait; SOrvice [OarnspondiaA caluam from Schedule C.Llan 423
MOM.
16 Unit Cast Line14/Line15
=.=S6;OdvD
: SOLO=
S0.06w
17 Rate r Month Line 16/ 12
S1Y.Lr30D
SO.000D
STEP D. Charges for based Converter Boma
Gleulate "prately foreachi nifia.0 differe.t
■
Conwrterl
b
Cwverter2
c
Ctmverter3
18 TotalMainteoanm/Servim Hours Cones dinacolumnfrom ScheduleGL'meB
0.0000
90-0000
251-0000
19 HSC fllu. 7
522:7994
5227991
=7994
20 Total Maintmance/Service Cost Live 18x19
:OA000
SIMM4
-S5.722.6601
21 Annual Capital Costs nnesponding rolumnfrom Schedule C.Line K
f19p.0000
.:' S0.0UC10
fS,764112f
22 Total Cost of Converter l-int, 20+ Line 211
3199.000D
f1,b2 Z54
S31.487.1726
23 Numberof Units in Service [Conespoudinscolumn from Schedule C, Line
1560:0000
Il"IW
345.0000
24 Unit Cost Ilua2VLLue23
O:i276
S16.5814
533.2962
25 Rate rMoutb Ilue24/ 12
0.0
! 38 8
7.747
STEP I- Cb. e. for Other I.e.sed 1 meet
26
Total Maintaanm/Service Hours Corms ndiu column from Schedule C. Line II
. 60S.i}000
27
HSC Line 7'
57.27994
28
Total M.Inlenmce/Service Cost 11ne 26 x Line 27
313 793.8627•
29
AnauaIG phnt Cows fCormspondingoolu am fmm Srhedu le C Line KI
324;431.787S
30
Total Cost of Equi meat lLWe2g+11ne29
AMP5A502
31
Numberof Units to Service jCorrv!ppndingcolunm from Schedule C, lice
830.OWO
32
Unit Cost[Ijna301Uw.3ll
$46.U5491
33
Rate parMonth Lloe32/ 12
s.
METHOD OF BILLING FOR CHANGING SERVICETIERS OR EQUIPMENT ]pl.— sn Y is the appropriste boa]
as . Nominal Charge (Faster the nominal charge In L'me 34)
JC ■s a Uniform Hourly Service Charge
qes wp Am"jLq Chn. e Fit er the Aran aHvurs for ao In Sa rviw in l.1ae 36b.
STEP F. Cb Rr ea for Ch- pxi-jt Service Tiers or f,5ui meet
34 Nominallfiar efor Chao m Service Tiers
I[ use as —lath scale of charges. lace an "e In the boat at the right -
OR
35 Uniform Hourly Swdoe Cbargo
OR
34 Areas CLa FROforCb.a ie Service Tiers
36a. HSC Gina 7
HSC f
522-799i
366. a Hours to Change Service Tiers
3lie Awry a Char a for Chan io Service Tiers Line 36a x Line 36b 7�
0 4 CA
Page 5 Lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
.Federal Communications Commission, Washington, D.— 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
WORKSHFIrr FOR CALCUTATING TOTAL EQUIPMENT AND INSTALLATION COSTS
1
TotalCaphaICAvits of Inatallation and Malatesance Schedule A. BMI)
::Sk7 1--tow-
2
TotalAnnual OperatinaFxpeamsfor lnaaBation and Mobtenance Schedule B. Box2
i1S0667.0000
3
Total Annual CBpkaJCUcflnstaJhtkn"dMaiDnauwm el+Une2
:31sklm2w
4
Customer Equipmnt endlastallation Percen a attach explonatical1.0000
S
AnnuaMustomer i tMabtanao-andJastalbtlan FxcbdiaCasbafleased 1 t
:::SI I1S:2000.
e3x Uno4
6
Tcftl CapftalCostsofLeasedCustomer Egubment fSchadulaC.R=3
>3 91.T000
7
Annual Customer EquipsmentandlnstallabouCosts McS+Une6
S2I5,5133000
a
Permnta eAllmation to Franchise Area see instructions
0.4706
9
Allocated Annual Eqult and lnstalhdonCmt fUne7xLine&
flp2;l333.917
10
McwthLvEqujRE=t mod Installation Cast Llne9/ 12
19,569A663
11
Numberof BasbcSub—ibers In Franchim
9774.00W
12
AgmthlyFquipummat and Installation Cast rSubscdber a 101Line III
10.57U
13
IafLtinoAdjustmentFactor Seelustructious
1.0300
14
sWMonthEquipmentandIc4aBaa bonCorSubscriber Une12xLne13
SR903il
04
Page 6 lotus 3.1+; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington,, 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
SUMMARY SCHEDULE
Current Equipment and Installation Rates
Permitted
Actual
L Char es for Cable Service Installations
a. Hourly Rate [Step A. Line 7)
S2.2ati0,
b. A—mge Installation Charges:
1. Installation of Unwired Homes [Step B, Line 901
cola
$39.95
2. Installation of Prewired Homes [Step B, Lone 9b3]
ah
-
S39.95
3. Lusts llatiom of Additional Connections at Time of Initial Installation [Stop B. Une 9e3]
nl.
$15.00
4. Installation of Additional Connections Requiring Separate Install fStep B, line 9d3
ula
$39.95
5. Other Installations (specify) [Step B, Lines 9e3. %6, 9e9]
a.
m/a
b.
as
I
c
rep
2 Monthly Charge for Lease of Remote Controls fStep C, Une 17, columms a—c]
Remote Control Type 1:
S0.00
Remote Control Type 2:
10.00
Remote Control Type 3:
50.00
3 Monthlymarge for Lease of Conwrtar Boxes IStep D, Line 25. columns a—c
Conwrter Box Type 1:
so,01.
$3.00
Converter 9axTypo 2:
SL3S
S4S0
Coawcter Bax Type 3:
52:77
-So
4 Monthly Charge for Lease of Other Equipment [Step E, Une 33
Other Equipment (Specify
$3.0
S6S0
5 Charge formangingTien if any Step F. Line 34.35 or 36c]
S22.90
$0.00
LABOR COST AND POLICY CHANGES
Indicate your answer to the following three questious by placing an "r in the appropriate box
1. Haw you included the labor costs associated with subscriber cable drops in your charges for initial Installation?
RXYES
NO
2. Haw you mpkaliaed the labor costs associated with subscriber cable drops?
e YES
NO
3. If you haw filed this form before, baw you changed any polity, e.g, cost accounting or cost allocation that muses an increase In the costs
rracluded in the computation of equipment and installations charges?
1 YES (You must attaa a fu ll explanation)
INO
CERTIFICATION STATEMENT
WIUFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE IS, SECTION 1001N AND/OR FORFErrURE(U.S. CODE, Trn.F 47, SECTION 503}
I eanifv that the srareaenu made in this form are tnen and correct to tbebest of my knowkdgo andbalkC and uo made is gor
Name of the Cable Operator
Edmonds Cable Company
Date
Signature
Title
06/13t% I President
04'`1
I
Page 7 Lotus 3.1 +; Version 2.0 FCC Form 1205; May 1994
EDMONDS CABLE COMPANY
Form 1215
City of Edmonds Franchise
-------------------------
The information on this and the following pages comprises the data
required by. the FCC instructions for Form 1215. Below are the
references to the specific insructions.
2) Channel lineups for each tier of service. There is only
the Basic tier of service, please see pages 2A & 2B for
the attached lineup of those channels as of March 31,
1994 and April 1, 1993. Pay Channels are separately noted
as Premium. The Company has no financial interest in any
of those channels.
3 & 4) Please see page 3 for the information requested in these
two instructions.
5 & 6) Please see page 4 for the information requested by this
instruction.
PAGE 1
0 4 q
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective April 1,1993
�h. Service Description
2............ The Disney Channel ............. Premium Service
3
.......:.... ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5............
KING-5......................................
NBC -Seattle
6............
KTZZ-22....................................
Ind -Seattle
7............
KIRO-7.......................................
CBS -Seattle
8
............ Headline News .........................
Updated News
9............
KCTS-9.......................................
PBS -Seattle
10............
A&E............................................
Arts/Documentaries
11............
KSTW-11 ...................................
Ind -Tacoma
12............
KVOS ..........................................
Ind -Bellingham
13............
KCPQ-13....................................
Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15
. _ ......... CNN ...........................................
24-Hour News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18
-........... TNN...........................................
Country Lifestyle
19
........... - QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23
............ USA ............................................
Variety/Sports
24............
The Family Channel ................
Family Programs
25............
Discovery ..................................
Science/Nature
26.-.........
MTV ...........................................
Music
27............
CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29............
The Weather Channel ..............
24-Hour Weather
30............
KTBW-20 ...................................
Ind -Tacoma
31............
TNT ............................................
Movies/Sports
32............
Prime Sports NW .....................
Regional Sports
33
............ C-SPAN .....................................
US House of Reps
050
Page 2A
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective March 31,1994
Service Description
2............ The Disney Channel .............. Premium Service
3 ...:........ ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5............
KINGS ......................................
NBC -Seattle
6 ............
KTZZ-22 ....................................
Ind -Seattle
7............
KIRO-7.......................................
CBS -Seattle
8 ............
Headline News ....................
Updated News
9 .........:..
KCTS-9.......................................
PBS -Seattle
10............
A&E............................................
Arts/Documentaries
11............
KSTW-11 .-.__ ..........................
Ind -Tacoma
12............
Lifetime .....................................
Women's/Self-Help
13 ............
KCPQ-13....................................
Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15 ............
CNN ...........................................
24-Hour News
16 ............
CBUT.........................................
Canadian
17._..........
TBS........................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19............
QVC...........................................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23 ............
USA ............................................
Variety/Sports
24............
The Family Channel ................
Family Programs
25............
Discovery ..................................
Science/Nature
26...........
- MTV ...........................................
Music
27............
CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29............
The Weather Channel ..............
24-Hour Weather
30............
KTBW-20 ...................................
Ind -Tacoma
31............
TNT ............................................
Movies/Sports
32 ............
Prime Sports NW .....................
Regional Sports
33 ............
C-SPAN.....................................
US House of Reps
34............
KBTC-28 ..............................
PBS -Tacoma
051
Page 2B
CITY OF EDMONDS
DISNEY
HOME BOX OFFICE
SHOWTIME
THE MOVIE CHANNEL
DIS/ST
DIS/TMC
HBO/DIS
HBO/ST'
HBO/TMC
TMC/ST
DIS/TMC/ST
HBO/DIS/ST
HBO/DIS/TMC:
HBO/TMC/ST
HBO/DIS/TMC/ST
APRIL 1,-1993
COUNTS RATES
292
11.95
541
13 .95
237
13.95
47
13.95
61
19.95
6
19 .95
92
1.9.95
370
19.95
57
19.95
28
19.95
4
25.95
68
25 .95
13
25.95
71
25 .95
62 31.95
MARCH 31, 1994
COUNTS RATES
476
6.95
446
13.95
280
13.95
48
13 .95
51
17.95
9
17.95
97
19.95
395
19.95
51
19.95
27
19.95
4
25.95
77
2.5 .95
10
25.95
70
2S.95
c:.9 31.95
C �1
0 J ..
Page 3
'EDMONDS CABLE COMPANY
Form 1215
City of Edmonds Franchise
Instruction No. 5:
------------------
Describe any equipment necessary to receive a la carte channels or
a package of a la carte channels.
No equipment is necessary to receive the above mentioned channels.
This was true at both April 1, 1993 and March 31, 1994.
Instruction No. 6:
------------------
Describe any upgrade or downgrade charge you assess for adding or
dropping an a la carte channel or package of a la carte channels.
There is an upgrade charge of $29.95, there is no downgrade charge.
This was true at both April 1, 1993 and March 31, 1994.
PAGE 4
05q
EDMONDS CABLE COMPANY
Attachment for Forms 1200, 1205 & 1215
City of Edmonds Franchise
-------------------------
General Note as to the Level the Accounting Records are Kept:
Records for all information in this form, except revenue are kept
at the system level, not at the franchise level. Thus in performing
all computations except for equipment revenue, (which is kept at
the franchise level), a formula using the number of subscribers at
the franchise level as the numerator and the number of subscribers
in the system as the denominator was used to reduce the system
amounts to franchise level amounts. This is in accordance with the
procedure described in FCC regulation 76.924(e)(1).
Form 1205 Customer Equipment and Installation Percent:
------------------------------------------------------
An analysis was performed to determine the annual costs as required
by the schedule. The percentage of 100 was used as the amounts as
shown in the schedules had already been reduced to those allowable
amounts, prior to entry on the schedule.
Form 1205 Total Labor Hours for Installation and Equipment of
Customer Equipment and Service:
-------------------------------------------------------------
An analysis of annual labor hours for all employees was done to
determine the number of hours spent on the above referenced
activities. As noted at above, they were then adjusted to include
those applicable only to the basic service.
Form 1205, Total maintenance Service Hours for Remotes and
Converters, Respectively:
---------------------------------------------------------
An analysis was performed in conjunction with the labor review
noted above, to determine those hours spent maintaining the remotes
and' converters referenced in these sections. The hours were then
allocated to the remotes and various types of converters.
Form 1200 Channel Lineups and Rate Cards:
-----------------------------------------
Channel Lineups and Ratecards as of September 30, 1992,
September 1, 1993 and March 31, 1994 are attached.
05A
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective September 30,1992
Service Description
2............
The Disney Channel ..............
Premium Service
3 ............
ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5 ............
IIQNGS......................................
NBC -Seattle
6 ............
KTZZ-22 ....................................
Ind -Seattle
7............ IQRO-7.......................................
CBS -Seattle
8 ............ Headline News .........................
Updated News
9 ............ KCTS-9.......................................
PBS -Seattle
10............ A&E............................................
Arts/Documentaries
11............ KSTW 11 ...................................
Ind -Tacoma
12............ KVOS .........................................
Ind -Bellingham
13 ............ KCPQ-13....................................
Ind -Tacoma
14 ............
AMC ..........................................
Classic Movies
15 ............
CNN ...........................................
24-Hour News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
INN ...........................................
Country Lifestyle
19............
QVC...........................................
Home Shopping
20............ HBO ........................................... Premium Service
21............ Showtime.................................. Premium Service
22............ The Movie Channel ................ Premium Service
23............ USA ............................................ Variety/Sports
24............ The Family Channel ................ Family Programs
25............ Discovery ..................................
Science/Nature
26 ............ MTV ...........................................
Music .
27............
CABLEARN/MEU ..................
U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29 ............
The Weather Channel ..............
24-Hour Weather
30 ............
KTBW-20...................................
Ind -Tacoma
31............
TNT ............................................ Movies/Sports
32............
Prime Sports NW ..................... Regional Sports
33............
C-SPAN..................................... US House of Reps
055
Chambers Cable -- Edmonds,
Cable Rate Card
Effective September 30,1992
Basic Cable Rates
BasicService............................................................................................... $18.25
AdditionalOutlets....................................................................................... $3.00
Premium Services
Showtime.................................................................................................... $13.95
HBO............................................................................................................ $13.95
TheMovie Channel................................................................................... $13.95
Disney...................................... $11.95
Disney/Showtime..................................................................................... $17:95
Disney/The Movie Channel.................................................................... $17.95
AnyOther Two........................................................................................... $19.95
AnyThree................................................................................................... $25.95
AllFour....................................................................................................... $31.95
installation Char e
Install/Reconnect/Relocation/Outlet Upgrade ................................... $29.95
PremiumUpgrade..................................................................................... $24.95
VCRHookup - Extra Trip..............................................:.......................... $20.00
Create Outlet at Time of Initial Install .....................................---......... $15.00*
TripCharge................................................................................................. $10.00
NameChange............................................................................................. $10.00
(* Free at initial install if activating existing outlet)
Equipment Charges -- Converters
Rent Purchase
Basic...................................................... $3.00
Jerrold w/remote................................... $4.50*
Panasonic w/remote ............................. $5.50......................................... $55.00
Panasonic w/remote/volume ............. $6.50......................................... $85.00
Panasonic w/remote/volume/PC...... $7.50......................................... $85.00
Equipment Charges — Other
VCRPlus.................................................................................................... $59.95
ABSwitch.................................................................................................... $10.00
MTVTrap...................................................................................................... $5.00
*No longer available. Limited rentals still exist.
05-6
Chambers Cable -- Edmonds, WA
Channel Line-up -
Effective September 1,1993
Service Description
2............ The Disney Channel .............. Premium Service
3 ............
ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5............
KING-5......................................
NBC -Seattle
6............
KTZZ-22 ....................................
Ind -Seattle
7............
KIRO-7.......................................
CBS -Seattle
8............
Headline News .........................
Updated News
9............
KCTS-9.......................................
PBS -Seattle
10............
A&E............................................
Arts/Documentaries
11............
KSTW-11...................................
Ind -Tacoma
12............
Lifetime .....................................
Women's/Self-Help
13 ............
KCPQ-13....................................
Ind -Tacoma
14 ............
AMC ..........................................
Classic Movies
15 ............
CNN ...........................................
24-110ur News
16............
CBUT.........................................
Canadian
17............
TBS.............................................
Variety/Sports
18............
TNN..........................................
Country Lifestyle
19............
QVC................. I.........................
Home Shopping
20............
HBO ...........................................
Premium Service
21............
Showtime..................................
Premium Service
22............
The Movie Channel ................
Premium Service
23............
USA ............................................
Variety/Sports
24............
The Family Channel ................
Family Programs
25............
Discovery ..................................
Science/Nature
26 ............ MTV ...........................................
Music
27............ CABLEARN/MEU .................. U of Washington
28............ Nickelodeon .............................. Kid's/Vintage TV
29 ............ The Weather Channel .............. 24-Hour Weather
30............ KTBW-20................................... Ind -Tacoma
31............ TNT ............................................
Movies /Sports
32............
Prime Sports NW .....................
Regional Sports
33 ............
C-SPAN.....................................
US House of Reps
34............
KBTC-28....................................
PBS -Tacoma
057
Chambers Cable -- Edmonds, WA
Cable Rate Card .
Effective September 1,1993
Basic Cable Rate
Edmonds..................................................................................................... $20.56
SnohomishCounty.................................................................................... $20.50
KingCounty.............................................................................................. $20.59
Woodway.................................................................................................... $20.62
Premium Services
Showtime....................................................................................................
$13.95
HBO.............................................................................................................
$13.95
TheMovie Channel...................................................................................
$13.95
Disney..........................................................................................................
$11.95
Disney/Showtime
$17.95
.....................................................................................
Disney/The Movie Channel....................................................................
$17.95
AnyOther Two...........................................................................................
$19.95
AnyThree........................................................................................... • .......
$25.95
AllFour.......................................................................................................
$31.95
Installation Charzes
Install/Reconnect/Relocation/Outlet Upgrade ..............-- ................ $39.95
PremiumUpgrade..................................................................................... $29.95
VCR Hookup (Free at initial install)...................................................... $20.00
Create Outlet at Time of Initial Install .................................................... $15.00*
TripCharge................................................................................................. $15.00
NameChange............................................................................................. $10.00
(* Free at initial install if activating existing outlet)
Equipment Charees — Converters
Rent Purchase
Basic......................................................... $3.00
Jerrold w/remote $4.50*
Panasonic w/remote ............................. $5.50......................................... $55.00
Panasonic w/remote/volume ............. $6.50......................................... $85.00
Panasonic w/remote/volume/PC...... $7.50......................................... $85.00
Equipment Charges — Other
VCRPlus..................................................................................................... $59.95
ABSwitch ...................................................... ............................... $10.00
MTVTrap...................................................................................................... $5.00
*No longer available. Limited rentals still exist. 0 15 8
Chambers Cable -- Edmonds, WA
Channel Line-up
Effective March 31,1994
Ch. Service Description
2............ The Disney Channel .............. Premium Service
3 ............
ESPN..........................................
24-Hour Sports
4............
KOMO-4....................................
ABC -Seattle
5............
KING-5 ......................................
NBC -Seattle
6............
KTZZ-22 ....................................
Ind -Seattle
7............
MO-7 .................-....................
CBS -Seattle
8 ............
Headline News .........................
Updated News
9............
KCTS-9.......................................
PBS -Seattle
10............
A&E............................................
Arts/Documentaries
11............
KSTW-11 ...................................
Ind -Tacoma
12............
Lifetime .....................................
Women's/Self-Help
13............
KCPQ-13....................................
Ind -Tacoma
14............
AMC ..........................................
Classic Movies
15 ........ - -..
CNN ...........................................
24-Hour News
16 ............
CBUT .........................................
Canadian
17............
TBS.............................................
Variety/Sports
18 ............
TNN...........................................
Country Lifestyle
19 ............
QVC...........................................
Home Shopping
20............
HBO ......................... _................
Premium Service
21............
Showtime.................................. Premium Service
22............
The Movie Channel ................ Premium Service
23............
USA ............................................ Variety/Sports
24............
The Family Channel ................ Family Programs
25---.........
Discovery ..................................
Science/Nature
26 ............
MTV ........................................... Music
27............
CABLEARN/MEU .................. U of Washington
28............
Nickelodeon ..............................
Kid's/Vintage TV
29 ............
The Weather Channel .............. 24-Hour Weather
30............ KTBW-20 ...................................
Ind -Tacoma
31............
TNT................ ............................
Movies/Sports
32............ Prime Sports NW .....................
Regional Sports
33 ............ C-SPAN.....................................
US House of Reps
34............ KBTC-28....................................
PBS -Tacoma
059
Chambers Cable -- Edmonds, WA
Cable Rate Card
Effective March 31,1994
Basic Cable Rates
Edmonds.............................................
Snohomish County ............................
KingCounty .......................................
Woodway............................................
................................................. $20.56
................................................. $20.50
................................................. $20.59
................................................. $20.62
Premium Services
Showtime.................................................................................................... $13.95
HBO............................................................................................................. $13.95
TheMovie Channel................................................................................... $13.95
Disney............................................................................................................ %.95
Disney/Showtime..................................................................................... $17.95
Disney/The Movie Channel.................................................................... $17.95
AnyOther Two........................................................................................... $19.95
AnyThree................................................................................................... $25.95
AllFour....................................................................................................... $31.95
Installation Charge
Install/Reconnect/Relocation/Outlet Upgrade ...............
PremiumUpgrade .......................---- ..-..................... ...........
VCR Hookup - Extra Trip .....................................................
Create Outlet at Time of Initial Install ................................
TripCharge............................................................ .......
NameChange.........................................................................
(* Free at initial install if activating existing outlet)
Eauiument Charges — Converters
Rent
Basic......................................................... $3.00
Jerrold w/remote................................... $4.50*
Panasonic w/remote ............................. $5.50 ...............
Panasonic w/remote/volume ............. $6.50 ...............
Panasonic w/remote/volume/PC...... $7.50 ...............
Eauivment Charges -- Other
................... $39.95
................... $29.95
................... $20.00
................... $15.00*
................... $15.00
................... $10.00
Purchase
......................... $55.00
......................... $85.00
......................... $85.00
VCRPlus..................................................................................................... $59.95
ABSwitch.................................................................................................... $10.00
MTVTrap...................................................................................................... $5.00
*No longer available. Limited rentals still exist. 0 G n
1
RATE PROCEEDINGS FAR CEUMRS
COMMUNCATIONS CORPOR&TION
Prepared Nyz
Grindle CAW Financial Consulting
September 29, 1994
This report contains our analysis of Chambers Communications
Corporation's rate filings for the City of Edmonds, Washington.
In this report, we provide background on the FCC's rate regulation
requirements, a summary of our qualifications, a brief description
of our findings, and our analysis of the rate refunds entitled by
the citizens of Edmonds.
Contained in this report are the analyses of two rate submittals
by Chambers: the FCC Form 393 and the FCC Form 1200 aeries. The
findings for each submittal are presented separately.
Background
In October 1992, Congress passed the Cable Television Consumer
Protection and Competition Act of 1992 which authorized local
governments to regulate certain rates of the cable companies.
Congress also directed the FCC to promulgate rules for this
process..
The FCC's Rules divided cable services into throe classes, each
with aapaxate regulatory requirements. The "basic service tier"
is regulated by local franchising authorities using FCC -developed
formulae. The basic tier usually consists of local broadcast
stations, required public, educational, or governmental access
programming and other programming the operator wishes to include.
It is this tier, and equipment and service charges related to that
tier, which are the subject of local government rate regulation.
The "cable programming service tier", sometimes called the
expanded basic or satellite tier, and pay per view/pay per channel
programming, are not locally regulated.
In order to regulate the basic service tier, a local franchising
authority must first be certified by the FCC. The City of Edmonds
has obtained this certification.
Report to the City of Edmonds, WA. f V3;s
EXHIBIT 10
2
le CATV Financial a sul i cep
To assist the City of Edmonds in analyzing the Chambers rate
filings, the City ham retained the services Grindle CATV Financial
Consulting Services, a company specialising in cable television
financial services exclusively to local governments.
Deborah Grindle, President, has worked with local governments in
the field of cable television finance mince 1980. Ma. Grindle most
recently haft analyzed the rate filings for nine franchise
jurisdictions within King County. Ms. Grindle is a summa cum laude
graduate ❑f Goucher College and MBA graduate of George Mason
Univeraity. Mo. Grindle will serve as the main witness for the
City in the rate hearings and has prepared the rate analysis and
recommendation.
Grindle CATv Financial Consulting services did not conduct an audit
of the financial data presented in the filing. However, it did
examine the information submitted for reasonableness based on
subscriber Counts, previously submitted franchise fee information
and other financial information obtained from the franchisee. The
accuracy and methodology used by the franchisee in preparing the
forms was also examined.
Report to the City of Edmonds, WA.
3
FCC Form 393
on March 21, 1994, the City of Edmonds received Chambers' FCC Form
393 filing. The FCC Form 393 was the first set of rules devised by
the FCC to address Congress' mandate to establish a regulatory
procedure. The Form 393 is used to justify cable rates prior to May
15, 1994. If the rates under the Form 393 are not justified,
subscribers may be entitled to refunds for the period of September
30, 1993 to May 15, 1994.
Two sets of rates are considered using Form 393: Basic Tier Rates
and Equipment and Installation Charges.
A. Basic Tier Service Rates
Under the FCC's initial regulation, regulated cable systems were
subject to a benchmark formula to determine whether they needed to
reduce their current rates for service for the basic tier. The
formula .for benchmark rates is calculated on a "per channel" basis
and varies with the number of subscribers in the system,the number
of channels on the basic tier of service,and the number of
satellite -delivered channels on that tier. ESPN, C-SPAN, and TNT
are examples of satellite -delivered channels.
Systems whose rates were at or below the benchmark rate on
September 30, 1993 were required to take their existing per -channel
rate, separate out all costs associated with equipment and them
establish cost -based rates for equipment and rates for serviCes
that are reduced appropriately to reflect the removal of equipment
charges. Systems whose rates were above the benchmark on September
30, 1993 were additionally required to examine whether their Fates
were above or below the benchmark on September 30, 1992. If they
were below the benchmark on that date, their permitted regulated
rate was doomed to be the benchmark rate. If they were above the
benchmark on September 30, Ig92, they were required to reduce their
September 30, 1992 per -channel rate by 10 percent or to the
benchmark, whichever reduction was less. Those systems then were
required to go through the process of backing out equipment
charges from per -channel rate$ to establish a final rate.
Cable syatams that used the Septomber 30, 1992 rates as basics rates
in applying the benchmark approach werg allowad to adjust those
rates forward to reflect cahang" in inflation and in the number of
regulated channels offered by the cyctem since September 30, 1992.
Report to the City of Edmonds, WA-
4
The specific calculations used to apply the old benchmark system
are set forth in FCC Form 393.
B. Squipmant and installation Charges
The FCC rules state that "regulated equipment includes equipment
used to receive basic service even if used to receive other
programming aQrvLcQc." This includes, but is not limitad to,
converter boxers, remote control units, connections for additional
television receivers, and cable home wiring. Equipment and
installation charges are not eatabl.ishod by benchmarks but are
derived separately or unbundled from basic service rates. Separate
rates roust be established for each type or category of installation
and equipment .
C. Analysis of Chambers' Form 393 -- WA 099
subscriber !P,-oMnt: 9093
1: Channel Data
Number Channels Regulated Tier
Number of Satellite Channels
Currant
Chambern Calc QCFC Calc
29 29
19 17
Chambers Cale OCFC Calc
2. Basic Service Rates $20.56 $20.60 $20.44
3. Reported equipment and Installation Rates
Permitted Actual variance
Hourly installation charge $22.80
Monthly
Charge for convert 1
$.01
$3.00
+$2.99
Monthly
Charge far Convert 2
$1.38
$4.50
+$3.12
Monthly
Charge for Convert 3
$2.78
$5.50
+$2.72
Monthly
Charge for Convert 4
$3.84
$6.50
+$2.66
No rates for installation were submitted by franchisee.
Franchisee states that it will use the hourly Installation charge
in all future installation projects.
Report to the City of Edmonds, WA.
�d
4. Sunnaiy of Findings
We disagree with Chambers calculation of the maximum permitted
rate for the basic service tier. -Our calculation yields a $20.44
per month maximum permitted rate for the basic service tier rather
than the $20.60 rate presented in the filing. Our calculation
would require that Chambers reduce its monthly basic service fee
from $20.56 to $20.44.
The source of the difference between our calculation is two -fold.
one, we determined that chambers system has 17 satellite
channels on its basic service tier compared with 19 used by
Chambers to calculate its benchmark rate. Specifically, it appears
that Chambers classified two channels, CBUT and CABLELEARN/MEU as
satellite signals. In fact, CBUT is received off -air from Canada.
CABLELr;ARN/mEU is programming obtained from the University of
Washington. Some of this programming is derived from satellite
sources. However, the majority of the programming is not.
The second item of difference in our calculation has to do with
the applicable inflation factor. The inflation factor used by
Chambers was reported as .036. We believe that the correct factor
is .032,
We derived the $20.44 maximum permitted rate by determining the
correct benchmark channel rate for a system with greater than
10,000 subscribers with 29 channels of regulated services and 17
satellite signals. Because the redetermined benchmark was below
the actual channel rate of Chambers, it was necessary to complete
Worksheet 21 which had been previously left uncompleted. Worksheet
2 requires calculation of the Basic Rate per channel at September
30, 1992.
Our recommended rates for tier service and other regulated services
are as follows:
Basic Service
$20.44
Hourly Charge for Installation Service $22.80
Lease Rate for Converter Type 1 $.01
Report to the City of Edmonds, WA.
a
Lease
Rate
for
Converter
Type
2
$1.38
Lease
Rate
for
Converter
Type
3
$2.78
Lease
Rate
for
Converter
Type
4
$3.84
In Mdy 1994 r -the FCC replaced its Form 393 with a series of new
forms to reflect the rule changes. The new forms pertinent to this
filing are FCC 1200, FCC 1205, and FCC 1215,
The FCC 1200 replaces Fart 11 of the F C 393 for the purpose of
determining the maximum permitted rates. The principal differences
between Fart II of FCC 393 and FCC 1200 are the ability of the
operator to pass through some external costs in the rate structure.
Form 1200 allows the operator to recover increases in certain
,external- costs, specifically programming costa, franchise costs
and taxes during the year ended 3/31/94. In addition, Form 1200
increases the competitive differential from 10% below September
1992 rates to 17t below September 1992 rates.
Part III of Form 393, which calculates maximum permitted fees for
equipment rental and service charges, is replaced by FCC 1205.
This form corrects and clarifies certain accounting issues
problematic with the FCC 393.
Form 1215 requires that the operator present detailed channel
lineups for current and previous periods as well as subscriber and
rate detail on premium services. Disclosure of equipment
requirements and charges for a a 1a carte service and changes in
service are also required.
Companies subject to rate regulation were given two choices: 1]
file Form 1200 within the normal 30-day period after may 15, 1994
and adjust rates and issue refunda after the franchising authority
has reviewed the forms or 2) restructure rates as of .duly 15, 1994
to reflect new calculations of Form 1200 and file Form 1200 on
August 15, 1994.
Companies who chase to have new rates in effect on July 15, 1994
would only be liable for refunds back to that date. Companies who
chose to wait to change rates until after the franchising authority
reviewed their forms and would be liable for refunda back to May
15, 1994. Chambers Cable, therefore, will be liable for refunds
dating from the time a decision by the franchising authority is
made back to May 15, 1994.
Report to the City of Edmonds, WA.
7
Analysis of Chambers' FCC Fors 1200 Filing - WA 0099
subscriber Counts 9952
1. Channel Data
Chambara Calc CCFC Calc
Number Channels Regulated Tier 29 29
Number of Regulated Signals 20 20
Current Ctrs Calc ocpC Calc
2. Basic Service Rates $20.56 $17.09 $17.09
3. Reported Equipment and Installation Ratea
Hourly Installation ChargQ
Monthly Charge for Convert
Monthly Charge for Convert
Monthly Charge for Convert
Monthly Charge for Convert
Permitted Actual Variance
$22.80
1 $.01
03.00
+$2.99
2 $1.38
$4.50
+$3.12
3 $2.77
$5.50
+$2.73
4 $3.84
$6.50
+$2.66
No rates for installation were submitted by franchisee.
Franchisee states that it will use the hourly installation Charge
in all future installation projects.
4. Ou=ary of Findings
We concur with Chambers' cnlculntion of the maximum permitted basic
service rate as pxesented in its Form FCC 1200 filings. The impact
of this filing is to require Chambers to reduce the monthly charge
for its ha3ic eservice tier by $3.47 from its Current rate and $3.35
from its rate as ebtabli$hed in the From 393. The magnitude of the
Report to the City of Edmonds.. wA.
ff it .11
8
adjustmont ie the result of the FCC revision of the benchmark rules
in May 19941 re£leating a higher competitive differential.
The FCC 1200 filing results in no change in the hourly installation
rate as required in the FCC 393 filing. only a I.01 reduction is
required in the rental fee of Converter 3. Rental fees for
Converters 1,2, and 4 remain the same as presented. in the FCC 393
filing.
We concur with Chambers' calculation of the number of channels and
satellite signals as presented in Form 1215 as well as the
inflation rate utilized in determining the maximum permitted rate.
There were areas of difference in the analysis of the FCC 393
filing.
our recommended maximum rates for tier service and other regulated
services as followst
Basic Tier Service
Hourly charge for installation Service
Lease Rate for Converter Type 1
Lease Rate for Converter Type 2
Lease Rate for Converter Type 3
Lease Rate for Converter Type 4
Report to the City of Edmmnds, CIA.
$17.09/mo
$22.80/hr
$.O1/mo
$1.38/mo
$2.77/mo
$3.84/mo
F1
It is our opinion that Edmonds subscribers are entitled to refunds
by Chambers. Subscribers should receive a $.12 per month refunds
for the period September 30, 1993 through May 14, 1S94 based on
rates established under the Form 393. Using average suhacriber
counts, the total amount due back to subscribers for this period
is approximately $9,000.
in addition, subscribers are due a refund for the period May 15,
1994 through September 30, 1994 based on the rates established
under the Form 1200_ Refunds due for this period should total
approximately $150,000.
We recommend that subscribers in Edmonds receive their refunds for
the 393 and 1200 adjustmants in one lump sum distribution as are
adjuatment to their monthly subscriber bil:.. Those individuals
who area no longer subscribers but entitled to a portion of the
refund as a result of their previous aubeaription should receive
a ' ire fund check.
Report to the City of Edmonds, WA
MEMORANDUM
October 4, 1994
TO: Mayor and City Council
FROM: Paul Mar
RE: Additional Information on Item #7, Cable TV Rate Hearing of
October 4th City Council Meeting
The Council packet for item #7 for the October 4th meeting contains all of the
relevant information for the public hearing on the proposed cable TV rate
schedule. In developing the findings and conclusions, the City, along with its
consultant, worked closely with Chambers Communications Corporation to
ensure that the information was accurately documented.
On Monday, October 3rd, I received a request from Chambers to include their
written comments on an earlier draft version of the consultant's report in the
Council packet. To ensure that the City fairly decimates information submitted
by Chambers, I have included their September 29th letter to Deborah Grindle,
consultant. I have also included Deborah's note to me commenting on each of
the line items contained in the Chambers letter.
09/29/94 13:24 $503 342 1568 CHAMBERS CORP. U 002
«<C
CHAMBERS
COMMUNICATIONS
CORP.
VIA FAX (703) 471-0013
September 29, 1994
Deborah Grindle
Grindle CATV Financial Consulting Services
12016 Meadowville Court
Herndon, VA 22070
Re: Edmonds Cable Company dba Chambers Cable of Edmonds
Dear Nis. Grindle:
We have reviewed the draft copy of your report for the City of Edmonds, and we
have the following comments:
1) The correct name of the franchisee in Edmonds which has submitted the forms
you have reviewed is Edmonds Cable Company.
Chambers Communications Corp. provides certain administrative services to
Edmonds Cable Company, but is not otherwise associated with the franchise.
Edmonds Cable Company is not a subsidiary of Chambers Communications Corp.
2) There appears to be a typographical error on p.5 where the HSC is listed
as $20.80, instead of $22.80 as it is in all other instances.
3) As you know from your work with Edmonds Cable Company for King County, our
channel count of 19 satellite services was a good faith effort to
accurately apply the FCC rules as we understood them at that time.
Cablearn/MEU does carry satellite programming during prime viewing time,
and therefore we thought it was reasonable to list it as a satellite
channel. After we submitted our Form 393 to the City of Edmonds and King
County, the FCC clarified the matter by declaring that satellite
programming must comprise over 50% of the programming on the channel_ With
that clarification, which did not occur until June 1, 1994 in the FCC's Q
and A of that date in Q1/A1, Edmonds Cable Company conceded that
Cablearn/MEU cannot be listed as a satellite channel as the MEU portion is
less than 50%.
CBUT, a distant broadcast signal from Canada, is another matter. The
signal 1R= received off -air as your report asserts. This is the crux
of the whole matter_ If CUT were a simple off -air broadcast signal, there
would be no controversy_ The C6UT situation is not specifically addressed
in the FCC rules for Form 393_ The nearest equivalent we found was in
their treatment of services like WTES or WGN which are distant broadcast
signals distributed by satellite, and then in some cases, further
distributed by microwave. CBUT was originally received in the Edmonds
cable system via microwave from Viacom. More recently, as Viacom's cable
2225 COBURG RO. RQ, BOX 7005 EUGENE, OR 97401 (5031 4B5-5511
00/20/04 13;24 e6u3 A42 1668 CR"BERS CORP. 0 003
Letter to: Deborah Grfndle
September 29, 1994
Page 2.
plant was extended, it became more cost effective to provide GOUT to us
via cable. Distant copyright signal costs are paid for CBUT, and Viacom
could at any time charge us for delivering the signal to us. We still
think that our thinking was reasonable, under the circumstances. We chose
not to pursue the matter further in King County because we foresaw that the
costs of that pursuit would outweigh the benefits, given that the issue of
"satellite services" was moot going forward.
We are disappointed that your report does not adequately explain the
reasons for the channel count discrepancy.
4) As you are also aware in the matter of the applicable inflation factor,
Edmonds Cable Company used the percentage factor which was supplied to us
In the FCC Fora 393 software package. The inflation factor was later
changed by the FCC, but the software was not altered. The cable operator
was required to modify the percentage only if there were any changes in the
filing. Otherwise, the FCC allowed the use of the earlier inflation
Factor. Chambers acknowledges the requirement to use the correct factor
of .032.
5) We believe there is an error in dates established for the 393 refund period
on page 3. Our thinking is supplemented by footnote #376 appended to
paragraph 142 of MM92-266. (p.96) We may need to discuss this with you
further.
6) On page 7, in your analysis of Form 1200. perhaps .a more appropriate
listing instead of number of satellite_cbann¢is would be number of
Regulated - Chambers CALC would be 20, and presumably
GCFC would concur.
The CBUT issue is moot for Form 1200, since the terminology and calculation
for regulated non -broadcast signal differs from that of 393.
The satellite channel count at 17 is given on tha 1200, but is used only
to update the satellite channel count to February 28, 1994. Satellite
channels are not used in any calculation going forward.
7) In footnote #378 appended to paragraph 143 (p.97) of MM 92-266 it clearly
sets forth the option for the cable operator to implement the refund
through a ono -time credit issued to the class of subscribers that was
charged tha unreasonable rate. This is the option Edmonds Cable Company
will pursua. The FCC made further clarification in its Q & A dated May 18,
1994 in Q4/A4. Once a refund order has been made, Edmonds Cable Company
will prepare to issue a refund in the form of a one-time credit to all
subscribers currently in each class of service for which a refund is
mandated.
09/29/94 13;25 'B503 342 1508 CHAMBERS CORP.
la 004
Letter to: Deborah Grindle
September 29, 1994
Page 3.
We are available to discuss any of these points with you and Paul Mar, should you
wish it.
Sincerely yours,
*- 2
a5ycaimonree P��
Senior Vice President
Policy, Planning & Administration
CC., Paul Mar - Via Fax
Jim Plummer
Mike Kehoe
Roger Saydack
SS/mc
RECEIVED
MEMORANDUM
March 24, 1994
TO: Mayor and City Council
FROM: Paul Mar, Community Services Director q'__11
RE: Summary Report on Cable TV Franchising Activity
MAR 2 4 1994
EDMONDS CITY CLEW
Per the request of City Council, this memo summarizes recent past activity
leading to the current three year extension of the franchise agreement with
Edmonds Cable Company; this extension expires on June 13, 1994. Staff
suggests that the City grant an additional one-year extension with some
definitive conditions; these are documented here. Staff also has enclosed a
suggested workplan and timeframe for the franchise renewal process.
A. Chronology of Franchise Negotiations with Edmonds Cable
Co.(Chambers Cable)
1. On August 5, 1975, the Edmonds City Council passed Ordinance No. 1783
to regulate the operation of cable TV and granted Liberty TV Cable, Inc. a fifteen
year contract to provide cable TV services in the City.
2. In 1983, the cable TV system serving Edmonds was acquired from Liberty TV
Cable, Inc. by Edmonds Cable Co.(dba Chambers Cable).
3. In 1984, the Federal Communications Commission(FCC) enacted the 1984
Cable Act which deregulated the cable industry, with a goal to reduce cable TV
rates. However, rates increased, consumer complaints increased, and the larger
cable operators "swallowed up" the smaller ones.
4. Anticipating the August 1990 expiration of the cable TV franchise agreement,
the City entered into an agreement contract with Les Page, consultant, on
September 6, 1989, to assist the City in the cable TV refranchising process. His
scope of work included review of the franchisee's technical/engineering and
economic performances, conducting a subscriber satisfaction survey, evaluate
the franchise renewal proposal(s), and assisting in negotiating a franchise. Total
cost of these services was $10,000.
5. In November, 1989, Consultant Les Page submitted a report on his review of
Chambers Cable's performance. His conclusions are summarized here:
a. The technical performance is satisfactory -to -excellent; there is need to
pay closer attention to operational details.
b. The current system capacity is 35 video channels with the soon -to -be
completion of all planned upgrades. An estimated $2.5 to $3.0 million is
required to upgrade the system to a 60 channel capacity.
c. The operator can meet all required system upgrade(to 60 video
channels) and cable related needs without undue financial hardship.
d. The subscriber survey indicated that the system is generally well
maintained; however there is need to reduce system service outages, to
improve signal quality and to provide a broader selection of programmir
6. In early 1990, the City issued a Request for Proposal(RFP) for renewing the
cable TV franchise.
7. On March 15, 1990, Chambers Cable submitted its application for renewal of
its franchise to operate a cable TV system in Edmonds. No other applications
were received by the City.
8. In April, 1990, consultant Les Page submitted a report evaluating the March
15th proposal submitted by Chambers Cable. His report concluded that the
proposal fell sufficiently short of meeting the City's cable related needs and
interests. Some specific shortfalls were:
a. The proposal called for a 20 year franchise duration, as opposed to the
RFP's ten year duration.
b. The proposal was less than fully responsive to the requirement of
upgrading the system to a 60 channel capacity.
c. The proposal did not demonstrate an intention to appreciably increase
basic service program offerings.
d. The proposal would have only met 50% of the lawful responsibilities for
meeting public, education, government(PEG) access requirements.
e. The proposal was unclear as to how two-way communications would be
available between schools and libraries for cablecasting.
2
f The proposer wanted to limit the breadth of cable TV revenues subject
to franchise fees.
g. The proposer stated that the customer service standards in the RFP
were unnecessarily broad and burdensome, and suggested that such
could be resolved through negotiation.
h. The proposer stated that the technical standards in the RFP were not
attainable, and wanted to only meet the FCC standards as written.
9. On October 26, 1990, the City Council awarded the renewal of the cable TV
franchise to Chambers Cable, with specific terms and conditions.
10. In early November, 1990, Chambers Cable rejected the approved renewed
franchise agreement.
11. On May 28, 1991, the Edmonds City Council, via Ordinance No. 2837,
enacted a three-year extension to Chamber Cable's existing contract for
operating a cable TV system in Edmonds. The ordinance cited that negotiations
had reached an impasse.
12. On May 28, 1991, Chambers Cable requested tabling the renewal extension
and pursuing further negotiation.
13. On May 30, 1991, the City consented to pursue further negotiations, but left
in place the three-year contract extension.
14. Ordinance No. 2837, extending the cable TV franchise to Chambers Cable
for three years, was made effective on June 14, 1991.
15. Up through September, 1991, discussions continued, but there were no
further resolution on the two outstanding issues --the potential for future
meaningful rate regulation and an assurance that the cable TV system will
remain technically competitive with those systems in surrounding communities.
16. In 1992, the FCC enacted the Cable TV Consumer Protection and
Competition Act. This Act provided municipalities, as local franchising
authorities, with greater regulatory tools, including regulating basic cable TV
rates and protecting consumers from cable operator monopolies.
17. On August 17, 1993, City Council adopted a resolution authorizing the
Community Services Director to initiate the process for certifying the City of
Edmonds as the local cable TV franchising authority.
3
18. The City was certified as a franchising authority by the FCC in late October,
1993.
19. On January 18, 1994, the City Council adopted Ordinance No. 2968 to
enable the City to regulate basic cable television rates and administer other
related cable service regulations.
B. Suggested Terms and Conditions for Additional Extension
In order to adequately develop the appropriate scope of the franchise renewal
RFP, it is suggested that the City grant Edmonds Cable Co. an additional
extension to the current contract with the following conditions:
1. Term of extension should be one year.
2. Suggested conditions:
-if and when City Council meetings are videorecorded, such will be played
back on the public access channel within 24 hours of the meeting.
-if and when City Council meetings are telecast live, such will be provided
on the public access channel.
-notices and agendas for public meetings appearing on the public access
channel will be removed from the television screen by 8 AM the day
following such meetings.
provide capability to cablecast college telecourses from Edmonds
Community College.
-Others??
Staff will prepare an ordinance for this extension and present it to City Council
for approval within the next four weeks.
4
C. Suggested Timeframe for Franchise Renewal Process
Listed below is a suggested workplan and timetable for the cable TV franchise
renewal process which could require the following work elements. Community
Services Administration will be responsible for conducting this workplan:
1. Advertise for consulting services -June, 1994. Services could include
evaluation of the franchise's technical performance, financial analysis of the
franchise, consumer protection survey, and ascertainment of community needs.
2. Select consultant -early July, 1994.
3. Convene work session to delineate parameters, process and team
organization for franchise renewal negotiation -July, 1994.
4. Conduct franchise analysis, survey of public satisfaction and/or assessment
of community need for educational and governmental access-August/October,
1994.
5. Conduct public hearings regarding renewal of the franchise and assessment
of community needs -November, 1994.
6. Conduct negotiation -December 1994/April, 1995.
7. Presentation and approval of new/renewed cable TV f ranch ise-Apri I/May,
1995.
The above discussion has provided a capsule summary of the recent history of
cable TV franchising activity in Edmonds and a brief glimpse of what sequence
of actions will be needed to complete the franchise renewal process. It is of
interest to note that, on March 20, 1994(one day after Mr. Jack Gradwohl
appeared at the City Council retreat), Chambers Cable submitted a written
request for the City to grant a fifteen -year renewal to their franchise. The City
has not yet responded to this latest request.
cc: Scott Snyder, City Attorney
Rhonda March, City Clerk
5
CHAMBERS
COMMUNICATIONS
CORP.
March 14, 1994
Paul Mar, Director
City of Edmonds
Community Services Department
250 5th Avenue, N.
Edmonds, WA 98020
Dear Mr. Mar:
RECEIVED
MAR 2 1 1994
COMMUNITY SEWCES
GIFiECTGR
Enclosed please find form 393 from Edmonds Cable Company, for our City of Edmonds
Franchise. If you have any questions please call.
Sincerely yours,
Sylv Sycamore
Senior Vice President
Policy, Planning & Administration
enc.
SS/mf
2225 COBURG RD. P.O. BOX 7009 EUGENE, OR 97401 (503) 4B5-561 1
wat,t.,s<a.1 0, r_ zossa
Appr-ed by OAY
30604s"
bV& "rW%
FCC 393 - PART 1
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Identification Code
Date
WA-0099
2/28/94
Name of gable Operator
Edmonds Cable Company
Mailing Address
2225 Coburg Road,
City
State
FZIP Code
Eugene
OR
97401
Person to contact regarding this form: Sylvia Sycamore
Telephone
Fax Number
( 50311485-5611
( 503 )342-1568
Local Franchising Authority
City of Edmonds
Mailing Address
250 5th Ave N.
City State zIP Code
Edmonds WA 98020
This form is being filed with respect to: (check one)
LD basic rate regulation or cable programming service rate regulation
If this farm is being filed in response to a complaint about your cable programming service rates, please attach a copy of the
complaint )o this cover sheet.
The following sections are to be completed after you have filled out the worksheets in PARTS If and III and
calculated your actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIPMENT
Program Service Rate
(1) Number of channels on basic service tier:
29
(2) Current rate for basic service tier. (do not include any franchise fees)
$ 20.56
(3) Maximum permitted per channel rate: (from Line 600, Part Iq
$ 0.71
(4) Maximum permitted rate for basic service tier (exclusive of any franchise fee):
(multiply (1) by (3) above)
20.60
$
NOTE: If your current rate for the basic service tier {entry 2) exceeds the maximum permitted rate for that tier (entry 4), you must
submit a cost -of -service showing or your basic service rate will be reduced to the maximum permitted level shown in entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the basic service tier to the
maximum permitted level. Whether you itemize them or not, any franchise fees you pay for the basic service tier should be added
to your monthly rate as part of the service when billing your subscribers. See 47 C.F.R. Section 76.96S.
FCC 393 (Page 3)
August 1993
FCC 393, Part 1, Page 2
EQUIPMENT AND INSTALLATION RATES
NOTE: Your equipment and installation rates for the basic serviceservice tier, but rather must be completely unbundled. In addition, those tequiipmentand instalmr to es n not exceed your Actual
costs, including a reasonable profit. The method for unbundling your equipment and installation rates from the basic service
PPart rogramming rate, and for determining etting) of thisyour permitted equipment and installation rates, is prescribed in Part 11 {unbundling] and
actuallbasiceservi a equipment and installatioform- Enter in n charges ges maces ay not exceed thow the rate ese rates although theyyou have amay in Pa
I rtIII of this farm. Your
(1) Charges for basic service installations, (from Lines 6 or 7 of Equipment and Installation PERMITTED ACrt1AL
Worksheet)
(a) Hourly rate: OR
$ 22.80 S
(b) Average installation charges:
(1) Installation of unwired homes
(2) Installation of prewired homes
$ IS
$ IS
(3) Installation of additional connection at time of initial installation T:::4$
(4) Installation of additional connection requiring separate installation
(5) Other installations (specify):
Item 1.
Item 2.
(2) Charge for changing tiers (if any) (from Line 29, 30 or 31 of Equipment and Installation
Worksheet)
(3) Monthly charge for lease of remote controls (from Line 14 in Equipment and Installation
Wodcsheet)
Remote control type 1:
Remote control type 2:
Remote control type 3:
(4) Monthly charge for lease of converter boxes (from Line 21 in Equipment and Installation
Worksheet)
Converter box type 1:
Converter box type 2:
$ IS
$ I$
$ I$
$ 1$
$ !S
$ IS
$0.01 $3.00
$1.38 1$4.50
M
onverter box type 3:
charge for lease of other equipment (from Line 28 in Equipment and InstallationS 2.%8 E5.50
t)her equipment (specify): Converter Box 4
$ 3.84 S 6.50
If you have further charges for additional connections beyond those reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment and Installation Worksheet
Instructions in Part III of this form.
rCC 393 (Pate 4)
Augud 1993
FCC 393, Part 1, Pase 3
FOR CABLE PROGRAMMING SERVICE RATES AND EQUIPMENT
Program Service Rates
NOTE: if you have more than one cable programming service tier, attach additional sheets with the following information for each
tier and provide brief description of the tier.
(1) Number of channels on cable programming service tier.
(2) Current rate for cable programming service tier. (do not include any franchise fees)
$
(3) Maximum permitted per channel rate: (from Line 600, Part Iq
S
(4) Maximum permitted rate for cable programming service tier (exclusive of any franchise fees):
(multiply (1) by (3) above)
$
NOTE: If your current rate for the cable programming services tier (entry 2) exceeds the mximurn permitted rate (entry 4), you
must submit a cost -of -service showing or your cable programming service rate will be reduced to the maximum permitted levd
shown in entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the cable programming service tier
to the itted level. Whether you itemize them or not, any franchise fees you pay for the cable programming service
tier should be addrd to your monthly rate as part of the service charge when billing your subscribers. See 47 C_F3L Section 76.985.
Equipment and Installation Rates
NOTE: If equipment used for cable pro ggrramming service is also used to receive the basic tier, then it must be included in basic
service equipment. Similarly, if an insta[latkm involving cable programming services also involves the basic service tier, it must be
included in bait service installations. We anticipate that virtually all equipment and installations will involve the basic service tier
and there will thus be no need to complete this part of the cover sheet However, if you (ease equipment andlar provide some
installaIian-related service that involves ONLY your cable programming services, you should complete the following section.
As for basic service, your equipment and installation rates for cable programming service must not be included in your program
service rate, but rather must be completely unbundled. In addition, those equipment and installation rates must not exceed your
actual costs, including a reasonable profit. The method for unbundling your equipment and installation rates from cable
programming service rates, and for determining your permitted equipment and mstalIatton rates, is prescribed in Part II (unbundling)
and Part Ill (rate -setting) of this form. Enter in the spaces below the rate figures you have calculated in Part Ill of this form. Your
actual cable programming service equipment and installation charges may not exceed these rates, although they may be lower.
Permitted
Actual
(1) Charge(s) for cable programming service installations' (from Lines 6 or 7 of Equipment
and Installation Worksheet)
$
$
(a) Hourly rate OR
$
$
(b) Average installation charges:
1. Installation of unwired homes
$
$
2. Installation of prewired homes
S
3
3. Installation of additional connection at time of initial installation
$
$
4. Installation of additional connection requiring separate installation
$
$
5. Other installations (specify)
S
$
(2) Charge for changing tiers (if any) (From Line 29, 30 or 31 of Equipment and
Installation Worksheet)
$
b
*If you have further charges for additional connections beyond those reflected in your installation charge, attach a sheet
explaining your calculations and setting forth those additional charges. SEE Note to Equipment and Installation Worksheet
Instructions.
FCC 393 (rare 5)
August 1993
FCC 393, Part I, Page 4
Permitted
A bW
(3) Monthly charge for lease of remote controls (from Line 14 in Equipment and Installation
Worksheet)
Remote control type 1:
$
S
Remote control type 2:
$
$
Remote control type 3:
$
$
(4) Monthly charge for lease of converter boxes (from Line 21 in Equipment and Installation
Worksheet)
Converter box type 1:
$
$
Converter box type 2:
$
$
Converter box type 3:
$
$
(5) Monthly charge for lease of other equipment (from Line 28 in Equipment and Installation
Worksheet)
Other equipment (specify):
$
$
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE TITLE 18, SECTION 1001), AND/OR FORFErFURE (U.S. CODE, TITLE 47, SECTION S03).
I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good
faith.
Name of Cable Operator
Signature
Edmonds Cable Company
Date
Title
2/28/94
President
FCC 393 (rare 6)
Au" 1993
FCC 393, PART II
WORKSHEETS FOR CALCULATING MAXIMUM INITIAL PERMITTED RATE PER CHANNEL FOR
BASIC TIER OR CABLE PROGRAMMING SERVICE
Cable Operator Name:
Edmonds Cable Company
Community Unit ID (CUID): WA-0099
Date: 2 / 28 /94
Franchise Authority:
City of Edmonds
This form Is
being Filed for Basic Tier Cable Programming
El ❑
(check one): Service
Worksheet 1
Calculation of Rates in Effect on Initial Date of Regulation and Benchmark Comparison
Line
Line Description
Instruction
A
Basic
B
Tier 2
C
Tier 3
D
Tier 4
E
Total
101
Tier Charge (Monthly)
Enter for all tiers offered
$20. 56
$
$
$
102
Tier Channels
Enter for all tiers offered
29
103 Tier Subscribers Enter for all tiers offered
9,893
104
Equipment Revenue (Monthly)
Enter in Basic Column only
$9,13$
105
Charge Factor
(Line 101 x Line 103) + 104A
212,538
212,538
106
Channel Factor
Line 102 x Line 103
286,897
I
286,897
107
Charge per Channel
Line 105E / Line 106E
$0. 7 41
108
Franchise Fee Expense (Monthly)
Enter only fees included in Line 101 charges (See Worksheet Instructions)
$
109
Franchise Fee Deduction
Line 108E / Line 106E
$
110
121
Base Rate per Channel
Benchmark Channel Rate
Line 107E - Line 109E
Enter from Attachment A, Benchmark Cable Rate Tables
$ 0.741
$ 0.713
122
GNP -PI (Current)
Enter from Survey of Current Business, Table 7.3, Line 5, most recent quarter
126.2
123
Inflation Factor
(Line 122E / 121.8) - 1 [121.8 — 3rd Quarter 1992 GNP -PI)
0.036
124
Adjustment Time Period
Enter number of months from 9/30/92 to date of current rate
17
125
GNP -PI Time Period
Enter number of months from 9/30/92 to the end of most recent GNP -PI quarter
12
126
Time Factor
Line 124E / Line 125E
1.417
127
Inflation Adjustment Factor
(Line 123E x Line 126E) + 1
1.051
128
Adjusted Benchmark Rate
Line 121E x Line 127E
$ 0.750
If Line 110E is less than or equal to Line 120E. skin to Wnrkahr # 't 2-1 —for 11— ++nc -- @ i-- —
FCC 393, Part II, Page 2
Cable Operator Name: Community Unit ID (CUID): WA-0099
Edmonds Cable Company
Date: 2/28/94
Franchise Authority: This form is
City of Edmonds being fitedfor X� Basic Tier Cable Programming
(check one): Service
Line
line Description
201
Tier Charge (Monthly)
202
Tier Channels
203
Tier Subscribers
204
Equipment Revenue (Monthly)
205
Charge Factor
206
Channel Factor
207
Charge per Channel
208
Franchise Fee Expense (Monthly)
209
Franchise Fee Deduction
210
Base Rate per Channel
220 Benchmark Channel Rate
Worksheet 2
Calculation of Rates in Effect on September 30, 1992 and Benchmark Comparison
A B C
Instruction Basic Tier 2 Tier 3
Enter for all tiers offered f f S
Enter for all tiers offered
Enter for all tiers offered
Enter in Basic Column only f
(Line 201 x Line 203) + 204A
Line 202 x Line 203
Line 205E / Line 206E
Enter only fees included in Line 201 charges (See Worksheet Instructions)
Line 208E / Line 206E
Line 207E - Line 209E
Enter from Attachment A, Benchmark Cable Rate Tables
If Line 210E is less than or equal to Line 220E, go to Worksheet 3 and enter Line 220E on Line 300.
If Line 210E is greater than Line 220E, go to Line 230.
230 Reduced Base Rate per Channel line 210E x 0.9 [ten percent reduction]
Enter greater of lines 220E and 230E on Worksheet 3, Line 300.
f
D I E
Tier 4 { Total
S
S
FCC 393 Rate !)
Aunts 1N1
FCC 393, Part II, Page 3
Cable Operator Name:
Edmonds Cable Company
Franchise Authority:
City of Edmonds
Community Unit ID (CUID): WA-0099
[late: 2/28/94
This form is
being filed for ® Basic Tier
(check one):
Worksheet 3
Removal of Equipment and Installation Costs
Cable Programming
Service
Line
Line Description
Instruction
300
Base Rate per Channel
Enter from Worksheet 1 (Line 110E) or Worksheet 2 (Line 220E or 230E)
$0. 741
301
Equipment & Installation Cost (Monthly)
Enter from Line 34 of Equipment Worksheet (Step G)
$g 780
302
Channel Factor
Enter from Worksheet 1 (Line 106E) or Worksheet 2 (Line 206E)
286,897
303
Cost per Subscriber -Channel
Line 301 / Line 302
$0. 031
304
Base Service Rate per Channel
Line 300 - Line 303
$0. 710
If Line 300 was entered from Worksheet 1, go to Line 600 and enter Line 304.
If Line 300 was entered from Worksheet 2, go to Worksheet 4.
Worksheet 4
Adjustment for Inflation
Line Line Description Instruction
400 Base Service Rate per Channel Enter from Worksheet 3 (Line 304)
$
401 Inflation Adjustment Factor Enter from Worksheet 1 (Line 127E)
402 Adjusted Base Service Rate per Channel Line 400 x Line 401
s
Worksheet 5 should be completed if Line 121E is different than line 220E.
If Line 121 E is the same as Line 220E, go to Line 600 and enter Line 402.
Worksheet 5
Adjustment for Changes in Number of Regulated Channels
Line
Line Description
Instruction
500
Adjusted Base Service Rate per Channel
Enter from Worksheet 4 (Line 402)
$
501
Benchmark Channel Rate (Baseline)
Enter from Worksheet 2 (Line 220E)
$
502
Benchmark Channel Rate (New)
Enter from Worksheet 1 (Line 121 E)
$
503
Channel Adjustment Factor
(Line 502 - Line 501) / Line 501
504
Channel Adjusted Base Ser. Rate per Chan.
Line 500 x (1 + Line 503)
s
If Worksheet 5 was used, enter Line 504 on Line 600.
600 Maximum Initial Permitted Rate Enter from Line 304, 402, or 504.
per Channel $ 0.710
FCC FORM 393 - PART
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
Cable Operator Name:
Edmonds Cable Company
Community unit ID (CUID): WA-0099
Date
2/28/94
Franchise Authority:
City of Edmonds
This form is being(e min
filed for (checka+e) 1:1 T'a❑ ServFce�
CTFP A Flrlrrrly CPrvirP f-haree
LINE 1. Annual cost of maintenance and installation of cable facilities and services (exclude purchase
cost of customer equipment) (Box 1 of Schedule A + Box 2 of Schedule B)
$ 188 , 118
LINE 2. Customer equipment and installation percentage (attach explanation)
100.0 %
LINE 3. Annual customer equipment maintenance and installation costs, excluding cost of leased equipment
(Line 1 x Line 2)
$188, 118
LINE 4. Total labor hours for maintenance and installation of customer equipment and service (attach explanation)
8, 251 hrs.
LINE 5. Hourly service charge (HSQ (Line 3 / Line 4)
$ 22.80 /hr.
STEP B. Installation Charre
LINE 6. Uniform HSC for all installations (insert amount from Line 5)
OR
LINE 7. Average charge for installation type (see Schedule D for average installation charge calculations)
a. Unwired home installation (Schedule D, Line a.2.)
f
b. Prewired home installation (Schedule D, Line b.2.)
f
c. Additional connection installation at time of initial installation (Schedule D, Line c.2.)
$
d. Additional connection installation requiring separate installation (Schedule D, Line d.2.)
$
e. Other installations (specify): (Schedule D, Line e.2.)
Item 1.
$
Item 2.
$
STEP C. Charges for Leased Retnote� ( Iculatg separately for each significantly different type and
attach a2itionaf sheets as necessary)
LINE 8. Annual capital costs (Column J of Schedule Q
$
LINE 9. Total maintenance(service hours (attach explanation)
hrs.
LINE 10. Total maintenance(service cost (Line 5 x Line 9)
j
LINE 11. Total cost of remote (Line 8 + Line 10)
$
LINE 12. Number of units in service (Column I of Schedule Q
LINE 13. Unit Cost (Line 11 / Line 12)
$
LINE 14. Rate per month (Line 13 / 12 months)
j /mo.
FCC »] (hse 23)
Aupat 1"]
FCC 393, Part 111, Page 2 (page 1 of 4
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary) Type 1
LINE 15. Annual capital costs (Column J of Schedule Q
s
199
LINE 16. Total maintenance(service hours (attach explanation)
hrs.
LINE 17. Total maintenancehervice cost (Line 5 x Line 16)
$
LINE 18. Total cost of converter box (Line 15 + Line 17)
$
199
LINE 19. Number of units in service (Column I of Schedule Q
1,560
LINE 20. Unit cost (Line 18 / Line 19)
s
0.13
LINE 21. Rate per month (Line 20 / 12 months)
$
0.01 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column J of Schedule Q
$
LINE 23. Total maintenancelservice hours (attach explanation)
hrs.
LINE 24. Total maintenancelservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column I of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27112 months)
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR $
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR $
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q
$218, 514
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method.
105,364
$
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worlcsheet 3, Line 301.
s 8,780
FCC 393 (Page 26)
August 1993
FCC 393, Part III, Page 2 (Page 2 Of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary) Type 2
LINE 15. Annual capital costs (Column J of Schedule Q
S
LINE 16. Total maintenancelservice hours (attach explanation)
80 hrs.
LINE 17. Total maintenance/service cost (Line 5 x Line 16)
$1,
8 27
LINE 18. Total cost of converter box (Line 15 + Line 17)
$ 1,827
LINE 19. Number of units in service (Column 1 of Schedule Q
110
LINE 20. Unit cost (Line 18 / Line 19)
S 16.61
LINE 21. Rate per month (Line 20 / 12 months)
$
1.38 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column J of Schedule Q
$
LINE 23. Total maintenancelservice hours (attach explanation)
hrs.
LINE 24. Total maintenance/service costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
S
LINE 26. Number of units in service or number or subscribers (Column I of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27 / 12 months)
$ /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR I $
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR $
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) 1 $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q I $
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. 1 $
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301. 1 $
FCC 393 (Page 26)
Augu,l 1993
FCC 393, Part 111, Page 2(Page 3 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary)
Tvne 3
LINE 15. Annual capital costs (Column) of Schedule Q
S 5,765
LINE 16. Total maintenance/service hours (attach explanation)
251 hrs.
LINE 17. Total maintenanoelservice cost (Line 5 x Line 16)
S 5,729
LINE 18. Total cost of converter box (Line 15 + Line 17)
$11, 49 4
LINE 19. Number of units in service (Column I of Schedule Q
345
LINE 20. Unit cost (Line 18 / Line 19)
S 33.32
LINE 21. Rate per month (Line 20 / 12 months)
$ 2. 7 8 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column ) of Schedule Q
$
LINE 23. Total maintenancelservice hours (attach explanation)
hrs.
LINE 24. Total maintenanceAervice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column 1 of Schedule Q
LINE 27. Unit Cost (Line 25 /Line 26)
$
LINE 28. Rate per month (Line 27 / 12 months)
$ /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR Is
LINE 30. Uniform HSC for changing service tiers (Insert amount from Line 5) OR $
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q I $
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment
method. 1 $
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301. 1 $
FCC 393 (Page 26)
August 1993
FCC393, Part III, Paget (page 4 of 4)
STEP D. Charges for Leased Converter Boxes (Calculate separately for each significantly different type and
attach additional sheets as necessary)
Converter Box
LINE 15. Annual capital costs (Column J of Schedule Q
S
24,432
LINE 16. Total maintenance/service hours (attach explanation)
605 hrs.
LINE 17. Total maintenanoetservice cost (Line 5 x Line 16)
$
13,784
LINE 18. Total cost of converter box (Line 15 + Line 17)
s
38,216
LINE 19. Number of units in service (Column I of Schedule Q
830
LINE 20. Unit cost (Line 18 / Line 19)
s
46.04
LINE 21. Rate per month (Line 20 / 12 months)
s
3. 84 /mo.
STEP E. Charges for Other Leased Equipment
LINE 22. Annual capital costs (Column J of Schedule Q
$
LINE 23. Total maintenancelservice hours (attach explanation)
hrs.
LINE 24. Total maintenancelservice costs (Line 5 x Line 23)
$
LINE 25. Total cost of equipment item (Line 22 + Line 24)
$
LINE 26. Number of units in service or number or subscribers (Column I of Schedule Q
LINE 27. Unit Cost (Line 25 / Line 26)
$
LINE 28. Rate per month (Line 27112 months)
$ /mo.
STEP F. Charges for Changing Service Tiers or Equipment
LINE 29. Nominal charge for changing service tiers OR I $
LINE 30. Uniform HSC for changing service tiers (insert amount from Line 5) OR $
Line 31. Average charge for changing service tiers (Line 5 x Average hours to change tiers) $
STEP G. Franchise Area Monthly Equipment and Installation Costs for Adjustment of Regulated Service
LINE 32. Annual customer equipment and installation costs (Line 3 + Box 3 of Schedule Q I $
LINE 33. Adjustment of Line 32 to franchise area level: See Instructions. Attach explanation of adjustment I {
method. $
LINE 34. Monthly equipment and installation cost (Line 33 / 12 months). Enter on Worksheet 3, Line 301. 1 $
FCC 393 (Page 26)
August 1993
SCHEDULE A
CAPITAL COSTS OF SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
G
A
Equipment
B
Gross Book
C
Accumulated
Depreciation
D
Deferred Taxes
E
Net Book
B_(C+D)
F
Return on
Investment
Ta Pc
H
Current
Provision for
TOTAL
(add F, G, H)
Federal
Income
State
Income
p
Depreciation
Tax
Tax
Vehicles
60,706
36,267
24,439
2,749
13,249
15,998
Tools
6,240
3,735
2,505
282
1,171
1,453
Maintenance
Facility
Other (specify)
Other (specify)
TOTAL
66,946
40,002
26,944
3,031
14,420
17,451
Box 1
SCHEDULE B
ANNUAL OPERATING EXPENSES FOR SERVICE INSTALLATION AND MAINTENANCE OF EQUIPMENT
(Excluding Depreciation)
Salaries & Benefits
Supplies
Utilities
Other Taxes
Other (Specify)
Other (Specify)
TOTAL
124,508
21,876
1,399
720
15,197
6,967
170,667
Box 2
FCC 393 Wage30)
Autuit 1993
SCHEDULE C
CAPITAL COSTS OF LEASED CUSTOMER EQUIPMENT
A
G
H
I
Equipment
C
D
E
F
Annual
TOTAL
)
Federal
State
(add additional
g
Gross Book
Accumulated
Deferred
Net Book
Return on
Depreciation
Expense
M
of Units
TOTAL
lines as
Depreciation
Taxes
B-(C+D)
Investment
Income
Income
Provision on
in Service
(add F, G, H)
necessary)
Tax
Tax
Investment
Remote 1
Remote 2
Remote 3
Converter Box 1
61,460
61.1460
199
1,560
199
Converter Box 2
11,660
11,660
110
Converter Box 3
20,506
63857
13,649
1,536
4,229
345
5,765
Other Equipment
79,418
32,451
465967
5,284
19,148
830
24,432
TOTAL
173,044
112,428
60,616
6,819
23,576
2,845
30,395
Box 3
FCC 393 (Page 31)
August 1993
SCHEDULE D
AVERAGE INSTALLATION CHAKGES
Cable Operator Name:
Community Unit ID (CUIM.
WA-0099
'Edmonds Cable Company
Date: 2/28/94
Franchise Authority:
City of Edmonds
This form is being Cable Programming
filed for (check one): ® Basic Tier ❑ Service
a. Unwired Home Installation:
1. Average Hours per Installation (attach explanation)
hrs.
2. Unwired Home Installation Charge (Line a.1 x HSC)
$
b. Prewired Home Installation:
1. Average Hours per Installation (attach explanation)
hrs.
2. Prewired Home Installation Charge (Line b.1 x HSC)
$
c. Additional Connection Installation at Time of Initial Installation:
1. Average Hours per Additional Connection (attach explanation)
hrs.
2. Additional Connection - Initial Installation Charge (Line c.1 x HSQ
$
d. Additional Connection Installation after Initial Installation:
1. Average Hours per Additional Connection (attach explanation)
hrs.
2. Additional Connection - Separate Installation Charge (Line d.1 x HSQ
$
e. Other Installation (by Item Type):
Item 1. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 1 Installation Charge (Line e.1 x HSQ
$
Item 2. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 2 Installation Charge (Line e.2 x HSQ
$
Item 3. (Specify)
1. Average Hours per Installation (attach explanation)
hrs.
2. Item 3 Installation Charge (Line e.3 x HSQ
S
NOTE: For HSC (Hourly Service Charge) use amount from Line 5 of the Worksheet for Calculating Equipment and
Installation Charges , page 25 of FCC Form 393.
FCC 393 (Page 321
nugusl 1993
EDMONDS CABLE COMPANY
Attachment for Form 393
City of Edmonds Franchise
------------------------- --
General Note as to level at which the accounting records kept:
Records for all information in this form, except revenue are kept
at the system level, not at the franchise level. Thus in performing
all computations except for equipment revenue, (which is kept at
the franchise level), a formula using the number of subscribers at
the franchise level as the numerator and the number of subscribers
in the system as the denominator was used to reduce the system
amounts to franchise level amounts. This is in accordance with the
procedure described in FCC regulation 76.924(e)(1).
Equipment revenue data:
Current FCC regulations at 76.922 allow for using a recent
representative month if there has been an unusual change in
operations. Effective September 1, 1993 all charges for additional
outlets were dropped, thus the equipment revenue numbers from the
prior fiscal year have been adjusted accordingly to remove those
revenues.
Part III, Step A, Line 2, Customer equipment and installation
percent:
-------------------------------------------------------------
An analysis was performed to determine the annual costs as required
by the schedule. The percentage of 100 was used as the amounts as
shown -in the schedules had already been reduced to those allowable
amounts, prior to entry on the schedule.
Part III, Step A, Line 4, Total labor hours for maintenance and
installation of customer equipment and service:
----------------------------------------------------------------
An analysis of annual labor hours for all employees was done to
determine the number of hours spent on the above referenced
activities. As noted at step A line 2, they were then adjusted to
include those applicable only to the basic service.
Part III, Step D, Line 16, Total maintenance service hours:
An analysis was performed in conjunction with the labor review
noted at step A line 4, to determine those hours spent maintaining
the converters referenced in this section. The hours were then
allocated to those types of converters.
ACCEPTANCE OF GRANT OF FRANCHISE
Edmonds Cable Company accepts without condition the franchise granted to it by the
City of Edmonds pursuant to the Franchise Agreement between it and the City of Edmonds
and promises to comply with and abide by all lawful provisions, terms, and conditions of the
Franchise.
EDMONDS CABLE COMPANY
Date:
STATE OF OREGON )
ss.
County of Lane )
- - - - - - - - - - - - -
-/,/, -- 96
This instrument was acknowledged before me on May &, 1996, by
, as Ores r GC.tc of Edmonds Cable
Compa
Ltat.g�L
04��
Notary Public for Oregon
My Commission Expires: S �'
Acceptance of Grant of Franchise
edk\rms\edmonds. acc\ 11878-2
DECEIVED
MAR 2 6 1996
EDMONDS CITY CLERK
EDMONDS MASTER ORDINANCE
TABLE OF CONTENTS
Section
_
Pace
1.
Definitions... ..........................................................................................
3-7
2.
Terms of Franchise..............................................................................
7,8
A. Authority to Grant Franchises Or Licenses
ForCable Television.....................................................................
7
B. Incorporation By Reference.........................................................
7,8
C. Nature and Extent of the Franchise ............................................
8,9
D. Length of the Franchise................................................................
8
3.
Application............................................................................................
8
4.
Franchise Issuance.............................................................................
8-10
A. Initial Franchise..............................................................................
8,9
B. Renewal Franchise.......................................................................
9, 10
5.
Acceptance...........................................................................................
10
6.
Police Powers......................................................................................
10, 11
7.
Rules and Regulations by the City ...................................................
11
8.
Construction Standards.....................................................................
11, 12
A. Notice of Entry on Private Property ............................................
11, 12
B. Emergency Repairs.......................................................................
12
C. Restoration of Property.................................................................
12
9.
Undergrounding and Landscaping ..................................................
12, 13
10.
Construction in Right-of-Way.............................................................
13-15
A. Notification of City Community Services Department .............
13
B. Installation.......................................................................................
13
C. Interference With Use of Streets .................................................
13, 14
D. Relocation/Removal......................................................................
14
E. Location of Facilities ..................
14, 15
11.
Safety Requirements..........................................................................
15
12.
Building Moving...................................................................................
15, 16
13.
Tree Trimming......................................................................................
16
14.
Rates......................................................................................................
16
15.
Cable Availability.................................................................................
16
16.
Franchise Fee......................................................................................
17
17.
Periodic Meetings................................................................................
17
1
TABLE OF CONTENTS
Section
_Page
18.
Cable System Evaluation..................................................................
17
19.
Record Inspection................................................................................
17,18
20.
Public, Educational and Government Access ................................
18
21.
City-wide Public, Educational and Government Access
Interconnection...................................................................................
18
22.
Institutional Networks (I-Nets)...........................................................
18, 19
23.
City-wide Institutional Networks Interconnection ...........................
19
24.
Access and Institutional Network Equipment .................................
19
25.
External Franchising Costs................................................................
19,20
26.
Non-Discrimination.............................................................................
20
27.
Continuity of Service...........................................................................
20,21
28.
Transfer of Ownership........................................................................
21,22
29.
Removal & Abandonment of Property of Franchisee ....................
22,23
30. Revocation for Cause......................................................................... 23,24
31. Effect of Termination for Non -Compliance ...................................... 24
32. Indemnity & Hold Harmless............................................................... 24,25
33. Insurance.............................................................................................. 25
34. Performance Bond.............................................................................. 25
35. Recourse Against Bonds and Other Security ................................. 25, 26
A. Recourse......................................................................................... 26
B. Restoration...................................................................................... 26
C. Rights of the City............................................................................ 26
36. Franchising Costs................................................................................ 26,27
37. Equalization of Civic Contributions.................................................. 27,28
38. Inconsistency........................................................................................ 28
39. Severability.......... ................................................................................. 28
K
1 THE CITY COUNCIL OF THE CITY OF EDMONDS DO ORDAIN AS FOLLOWS:
2 Section 1: Definitions.
3 (a) "Access Channels" means channels set aside by a franchisee exclusively
4 for noncommercial public, educational, or governmental use (commonly
5 referred to as "PEG" channels).
6 (b) The "Act" means the Cable Communications Policy Act of 1984 as
7 amended by the Cable Television Consumer Protection and Competition Act of
8 1992 and any subsequent amendments.
9 (c) "Addressability" means the ability of a system allowing a franchisee to
10 authorize specific equipment to receive, change or to cancel any or all specified
11 programming.
12 (d) "Applicant" means any person or entity that applies for a cable television
13 Franchise.
14 (e) "Basic Cable Service" means the lowest level of service regularly provided
15 to all Subscribers that includes the retransmission of local broadcast signals.
16 (f) "Cablecast" means the distribution of programing which originates within
17 the facilities of the cable television system.
18 (g) "Cable Facilities" means equipment and wiring used to transmit audio and
19 video signals to subscribers.
20 (h) "Cable Service" shall mean (1) the one-way transmission to Subscribers of
21 video programming or other services; and (2) Subscriber interaction, if any,
22 which is required for the selection of such video programming or other service.
23 (i) "Cable system" means a facility, consisting of a set of closed transmission
24 paths and associated signal generation, reception, and control equipment that
25 is designed to provide cable service and other service to subscribers.
26 (j) "Channel, " or "cable channel" means a portion of the electromagnetic
27 frequency spectrum which is used in a cable system and which is capable of
3
1 delivering a television signal as defined by the Federal Communications
2 Commission.
3 (k) "Character generator" means a device used to generate alpha numerical
4 programming to be cablecast on a cable channel.
5 (1) "City" means the City of Edmonds, a municipal corporation of the State of
6 Washington.
7 (m) "Council" means the City of Edmonds Council acting in its official capacity.
8 (n) "Data Communication" means (1) the transmission of encoded information
9 or (2) the transmission of data from one point to another.
10 (o) "Dwelling units" means residential living facilities as distinguished from
1 1 temporary lodging facilities such as hospitals, hotel and motel rooms and
12 dormitories, and includes single family residential units and individual
13 apartments, condominium units, mobile homes, extended care facilities and
14 other multiple family residential units.
15 (p) "Emergency" means a condition of imminent danger to the health, safety,
16 and welfare of property or persons located within the City including, without
17 limitation, damage to persons or property from natural consequences, such as
18 storms, earthquakes, riots or wars.
19 (q) "FCC" means the Federal Communications Commission, a regulatory
20 agency of the United States government.
21 (r) "Fiber Optics" means the technology of guiding and projecting light for use
22 as a communications medium.
23 (s) "Franchise" shall mean the initial authorization, or renewal thereof, issued
24 by the franchising authority, whether such authorization is designated as a
25 franchise, permit, Ordinance, resolution, contract, certificate or otherwise, which
26 authorizes construction and operation of the cable system for the purpose of
27 offering cable service or other service to subscribers.
4
1 (t) "Franchisee" means the person, firm or corporation to whom or which a
2 Franchise, as herein above defined, is granted by the Council under this
3 Ordinance and the lawful successor, transferee or assignee of said person, firm
4 or corporation subject to such conditions as may be defined in City ordinance.
5 (u) "Gross revenues" means any and all revenues (as that term is defined by
6 generally accepted accounting principles) received directly or indirectly from all
7 sources which arise out of or are derived from the operation of a Franchisee's
8 cable system in the City. When the revenue of the Franchisee includes gross
9 revenues from sources outside of the City, a Franchisee shall prorate the gross
10 revenues among its sources by multiplying such gross revenues by a fraction
1 1 the numerator of which is the number of Franchisee's subscribers in the City
12 and the denominator of which is the total number of all a Franchisee's
13 subscribers. "Gross Revenues" shall not include the following:
14 1. Fees and payments from subscribers who do not live in the City;
15 2. Taxes on services furnished by a franchisee, which are imposed on any
16 subscriber or used by any governmental unit, agency or instrumentality and
17 which are collected by a franchisee for such entity;
18 3. Bad debt write-offs;
19 4. Revenue from the sale of equipment or other assets of the cable system to
20 persons not purchasing services from the cable system;
21 5. Revenue from transactions involving real property owned or leased by the
22 franchisee;
23 6. Amounts collected from Subscribers as a franchise fee to be paid to City.
24 (v) "Headend" means the electronic equipment located at the start of a cable
25 system, usually including antennas, preamplifiers, frequency converters,
26 demodulators and related equipment.
27 (w) "Installation" means the connection of the Cable System from feeder cable
5
I to subscribers' receivers.
2 (x) "Institutional Networks (I -Nets)" means that portion of a cable system which
3 Is designated principally for the provision of non -entertainment services to
4 public schools, or public agencies such as public libraries separate and distinct
5 from the subscriber network, or en secured channels of the subsoriber network.
6 (y) °Interactive services" means services provided to subscribers where the
7 subscriber (1) receives information consisting of either television or rather signals
S and transmits signals generated by the'subsoriber or equipment under his/her
9 control for the purpose of selecting what Information shall be transmitted to the
10 subscriber or for any other purpose; and (11) -Gr has the ability to transmit signals
1 1 to any other location for any purpose.
12 (z) "Office" means the person or entity designated by the City as being
13 responsible for the administration of a Franchise for the City.
14 (aa) "Operator" means the person, firm or corporation to whom a franchise is
15 granted pursuant to the provisions of this Ordinance.
16 (bb) "Premium services" means video programming offered on a pay-per-
17 channel or pay -per -program basis.
is (cc) "Property of Franchisee' means all property owned, installed or used by a
19 Franchisee in the conduct of its business in the City under the authority of a
20 Franchise granted pursuant to this Ordinance.
21 (dd) "Proposal" means the responses. by an individual or organization, to a
22 request by the City regarding the provision of cable services; or an unsolicited
23 plan submitted by an individual or organization seeking to provide cable
24 services in the City.
25 (es) "Public Way" or "Streat" means the surface, the air space above the
26 surface and the area below than surface of any public street, including, but not
27 limited to, any public alley, boulevard, drive, easement, right-of-way or sidewalk
i•✓
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1 to subscribers' receivers.
2 (x) "Institutional Networks (I -Nets)" means that portion of a cable system which
3 is designated principally for the provision of non -entertainment services to
4 public schools, or public agencies such as public libraries separate and distinct
5 from the subscriber network, or on secured channels of the subscriber network.
6 (y) "Interactive services" means services provided to subscribers where the
7 subscriber (i) receives information consisting of either television or other signals
8 and transmits signals generated by the subscriber or equipment under his/her
9 control for the purpose of selecting what information shall be transmitted to the
10 subscriber or for any other purpose; and (ii) or has the ability to transmit signals
1 1 to any other location for any purpose.
12 (z) "Office" means the person or entity designated by the City as being
13 responsible for the administration of a Franchise for the City.
14 (aa) "Operator" means the person, firm or corporation to whom a franchise is
15 granted pursuant to the provisions of this Ordinance.
16 (bb) "Premium services" means video programming offered on a pay-per-
1 7 channel or pay -per -program basis.
18 (cc) "Property of Franchisee" means all property owned, installed or used by a
19 Franchisee in the conduct of its business in the City under the authority of a
20 Franchise granted pursuant to this Ordinance.
21 (dd) "Proposal" means the response, by an individual or organization, to a
22 request by the City regarding the provision of cable services; or an unsolicited
23 plan submitted by an individual or organization seeking to provide cable
24 services in the City.
25 (ee) "Public Way" or "Street" means the surface, the air space above the
26 surface and the area below the surface of any public street, including, but not
27 limited to, any public alley, boulevard, drive, easement, right-of-way or sidewalk
I under the jurisdiction of the City.
2 (ff) "Subscriber" means a person or entity or user of the cable system who
3 lawfully receives cable services or other service therefrom with franchisee's
4 express permission.
5 Section 2: Terms of Franchise.
6 A. Authority To Grant Franchises Or Licenses For Cable Television: It shall
7 be unlawful to engage in or commence construction, operation, or maintenance
8 of a cable system without a franchise issued under this Ordinance. The Council
9 may, by ordinance, award a non-exclusive franchise to construct, operate and
10 maintain a cable system which complies with the terms and conditions of this
1 1 Ordinance.
12 Any franchise granted pursuant to this Ordinance shall be non-exclusive and
13 shall not preclude the City from granting other or further franchises or permits or
14 preclude the City from using any roads, rights -of -way, streets, or other public
1 5 properties or affect its jurisdiction over them or any part of them, or limit the full
16 power of the City to make such changes, as the City shall deem necessary,
17 including the dedication, establishment, maintenance, and improvement of all
18 new rights -of -way and thoroughfares and other public properties. However, any
19 such changes shall not materially or substantially impair the rights granted a
20 franchisee pursuant to this Ordinance. All franchises granted subsequent to the
21 effective date of this Master Cable Ordinance shall be granted consistent with the
22 terms and conditions of this Ordinance and on materially similar terms.
23 B. Incorporation By Reference : The provisions of this Ordinance shall be
24 incorporated by reference in any franchise ordinances or licenses approved
25 hereunder. The provisions of any proposal submitted and accepted by the City
26 shall be incorporated by reference in the applicable franchise. However, in the
27 event of any conflict between the proposal, this Ordinance and the Franchise, the
1 Franchise shall be the prevailing document.
2 C. Nature And Extent Of The Franchise: Any Franchise granted hereunder by
3 the City shall authorize a Franchisee, subject to the provisions herein
4 contained:
5 1. To engage in the business of operating and providing Cable Service
6 and other services and the distribution and sale of such services to
7 Subscribers within the City;
8 2. To erect, install, construct, repair, replace, reconstruct, maintain and
9 retain in, on, over, under, upon, across and along any Street, such
10 amplifiers and appliances, lines, cables, conductors, vaults, manholes,
11 pedestals, attachments, supporting structures, and other property as
12 may be necessary and appropriate to the cable system. No privilege or
13 exemption shall be granted or conferred upon a Franchisee by any
14 Franchise except those specifically prescribed therein, and any use of
15 any Street shall be consistent with any prior lawful occupancy of the
16 Street or any subsequent improvement or installation therein.
17 D. Length Of The Franchise: The City shall have the right to grant a franchise
18 for a period of time appropriate to the circumstances of the particular grant.
19 Section 3: Application.
20 An applicant for a franchise to construct, operate, and maintain a cable
21 system within the City shall file an application in a form prescribed by the City,
22 accompanied by a non-refundable filing fee in the amount determined by the City
23 at the time of a franchise issuance.
24 Section 4: Franchise Issuance.
25 Prior to the granting of a franchise, the City Council shall conduct a public
26 hearing to determine the following:
27 A. Initial Franchise.
1 1. That the public will be benefited by the granting of a franchise to the
2 Applicant;
3 2. That the Applicant has requisite financial and technical resources and
4 capabilities to build, operate and maintain a cable television system in the
5 area;
6 3. That the Applicant has no conflicting interests, either financial or
7 commercial, which will be contrary to the interests of the City;
8 4. That the Applicant will comply with all terms and conditions placed
9 upon a franchisee by this Ordinance;
10 5. That the Applicant is capable of complying with all relevant Federal,
1 1 State, and local regulations pertaining to the construction, operation and
12 maintenance of the facilities and systems incorporated in its application for
13 a franchise;
14 6. The capacity of public rights -of -way to accommodate the cable system;
15 7. The present and future use of the public rights -of -way to be used by
16 the cable system; and
17 8. The potential disruption to existing users of the public rights -of -way to
18 be used by the cable system and the resultant inconvenience which may
19 occur to the public.
20 9. Any other condition that is in the public's best interest.
21 B. Renewal Franchise.
22 1. That the applicant has substantially complied with the material terms of
23 the existing franchise and with applicable law;
24 2. That the quality of the applicant's previous service including signal
25 quality, response to consumer complaints, and billing practices, but without
26 regard to the mix or quality of cable services or other services provided
27 over the system, has been reasonable in light of community needs;
1 3. That an applicant has the financial, legal and technical ability to
2 provide the services, facilities and equipment as set forth in the applicant's
3 proposal.
4 4. That an applicant's proposal is reasonable to meet the future cable-
5 related community needs and interests taking into account the cost of
6 meeting such needs and interests;
7 5. The capacity of public rights -of -way to accommodate the cable system;
8 6. The present and future use of the public rights -of -way to be used by
9 the cable system;
10 7. The potential disruption to existing users of the public rights -of -way to
11 be used by the cable system and the resultant inconvenience which may
12 occur to the public; and;
13 8. Any other condition that is in the public's best interest.
14 Section 5: Acceptance.
15 No franchise granted pursuant to the provisions of this Ordinance shall
16 become effective unless and until the ordinance granting same has become
17 effective.
18 Within thirty (30) days after the effective date of the Ordinance awarding a
19 franchise, or within such extended period of time as the Council in its discretion
20 may authorize, a franchisee shall file with the City Clerk its written acceptance of
21 the franchise, in a form satisfactory to the City Attorney, together with the bond
22 and insurance policies required by Sections 33. Insurance and 34: Performance
23 Bond herein.
24 Section 6: Police Powers.
25 In accepting any franchise, a franchisee acknowledges that its rights
26 hereunder are subject to the legitimate rights of the police power of the City to
27 adopt and enforce general ordinances necessary to protect the safety and
10
1 welfare of the public and it agrees to comply with all applicable general laws
2 enacted by the City pursuant to such power.
3 Section 7: Rules and Regulations by theme.
4 In addition to the inherent powers of the City to regulate and control any
5 franchise it issues, the authority granted to it by the Act, and those powers
6 expressly reserved by the City, or agreed to and provided for in a franchise, the
7 right and power is hereby reserved by the City to promulgate such additional
8 regulations as it may find necessary in the exercise of its lawful powers giving
9 due regard to the rights of the franchisee. Except as noted above, the foregoing
10 does not allow for amendment by the City of material terms of any franchise it
1 1 issues without the consent of a franchisee.
12 The City Council reserves the right to delegate its authority for franchise
13 administration to a designated agent.
14 Section 8: Construction Standards.
15 All facilities constructed under this Ordinance shall be placed and
16 maintained at such places and positions in or upon such streets, avenues, alleys
17 and public places as shall not interfere with the passage of traffic and the use of
18 adjoining property, and shall conform to the applicable section of the National
19 Electrical Code, codes of the State of Washington, and City regulations,
20 standards and policies pertaining to such construction.
21 At least ten (10) days prior to the intended construction of cable facilities, a
22 franchisee shall inform all residents in the affected area that a construction
23 project will commence, the dates and nature of the project, and a toll -free
24 telephone number which the subscriber may call for further information. A pre-
2 5 printed door hanger may be used for this purpose.
26 A. Notice of Entry on Private Property. At least twenty-four (24) hours prior
27 to entering private property or streets or public easements adjacent to or on
11
I such private property to perform new plant construction or reconstruction, a
2 notice indicating the nature and location of the work to be performed shall be
3 physically posted upon the affected property. A franchisee shall make a good
4 faith effort to comply with the property owner/resident's preferences, if any, on
5 location or placement of underground installations (excluding aerial cable lines
6 utilizing existing poles and existing cable paths), consistent with sound
7 engineering practices.
8 B. Emergency Repairs. Notice requirements of subsection A above, are
9 suspended for purposes of entry upon private property to perform repairs at the
10 subscriber's request or in the event of system outage repairs or other
1 1 emergencies in which insufficient time is available to provide notice to
12 subscribers.
13 C. Restoration of Property_. After performance of work, franchisee shall
14 restore private property as nearly as practicable to its condition prior to
15 construction. Any disturbance of landscaping, fencing, or other improvements
16 on private property shall, at the sole expense of a franchisee, be promptly
17 repaired and restored (including replacement of such items as shrubbery and
18 fencing) to the reasonable satisfaction of the property owner.
19 Section 9: Underwounding and Landscaping
20 In those areas and portions of the City where the transmission or distribution
21 facilities of the public utility providing telephone service and those of the facility
22 providing electric service are underground or where underground placement is
23 required for new or existing telephone and electrical service, then a franchisee
24 shall likewise construct, operate and maintain all of its transmission and
25 distribution facilities in the same area underground upon City approval. Such
26 activities shall be made in concurrence and cooperation with the other affected
27 utilities. Amplifiers and associated equipment in a franchisee's transmission and
12
1 distribution lines may be in appropriate housing upon the surface of the ground.
2 Section 1 0: Construction in Right -of -Way.
3 A. Notification of City Community Services Department. A franchisee shall
4 submit an application for permit to perform work in the City's rights -of -way.
5 Permits to perform work in the City's rights -of -way shall be available on the
6 basis of the most favorable terms and conditions of any other franchisee or
7 utility. The City shall provide an annual master permit process for the cable
8 system rebuild project, the fees of which will be paid out of the annual franchise
9 fees. No work, other than emergency repairs shall commence without such a
10 permit. Emergency repairs may be made immediately with notification given to
1 1 the City no later than the next business day.
12 B. Installation. In accordance with the permit issued, all transmission
13 lines, equipment, and structures shall be located and installed so as to cause
14 minimum interference with the rights and reasonable convenience of property
15 owners, and at all times shall be maintained in a safe condition, and in good
16 order and repair. Suitable barricades, flags, lights, flares, or other devices shall
17 be used at such times and places as are reasonably required for the safety of
18 the public. Any poles or other fixtures placed in any street by a franchisee shall
19 be placed in such manner as not to interfere with the usual travel on such public
20 way.
21 C. Interference With Use of Streets. A franchisee must obtain an
22 application for permit to perform work in the rights -of -way for all work performed
23 by the franchisee in such areas. When installing, locating, laying, or
24 maintaining facilities, apparatus, or improvements, a franchisee shall not
25 interfere with the use of any street to any greater extent than is necessary, and
26 shall leave the surface of any such street in as good condition as it was prior to
27 performance by franchisee of such work. Any facility, apparatus, or
13
1 improvement under this Ordinance shall be laid, installed, located, or
2 maintained in conformance with instructions given by, and to the reasonable
3 satisfaction of the City. In any event, a franchisee shall, at its oven expense, and
4 to the reasonable eatiefaction of the City in accordance with the terms of the
5 application for permit to perform work in the rights -of -way, restore to City
6 standards and specifications any damage or disturbance caused to streets as a
7 result of franchisee's construction or operations.
8 D. Upon receipt of thirty (30) days prior written
9 notice, a franchisee, at its own expense, shall protect, support, temporarily
10 disconnect, relocate, or remove any of its property when, in the judgement of the
1 1 Community Services Director, the same is required by reason of traffic
12 conditions, public safety, and/or improvements by governmental agencies.
13 Nothing herein shall be deemed a taking of the property of a franchisee, and
14 franchisee shall be entitled to no surcharge by reason of this section. After
15 receipt of thirty (30) days prior written notice, upon[ failure of a franchisee to
16 commence, pursue, or complete any work required by the provisions of this
17 Ordinance to be performed on any street, within the reasonable time prescribed
18 and to the reasonable satisfaction of the City, the City may, at Its option, cause
19 such work to be done, and a franchisee shall pay to the City the reasonable cost
20 thereof, within thirty (30) days after receipt of demand.
21 E. vocation of Facilities. A franchisee agrees to provide the City with a
22 map or maps which shall show the vertical and horizontal location of its facilities
23 within the Franchise Area using a minimum scale of one inch equals one
24 hundred feet (V T 100`), measured from the center- line of the right-of-way,
25 which maps shall be in hard copy plan form acceptable to the City and in
26 Geographical Information System (GIS) format. This information shall be
27 provided within ninety (90) days of the effective date of this Ordinance and shall
14
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1 improvement under this Ordinance shall be laid, installed, located, or
2 maintained in conformance with instructions given by, and to the reasonable
3 satisfaction of the City. In any event, a franchisee shall, at its own expense, and
4 to the reasonable satisfaction of the City in accordance with the terms of the
5 application for permit to perform work in the rights -of -way, restore to City
6 standards and specifications any damage or disturbance caused to streets as a
7 result of franchisee's construction or operations.
8 D. Relocation/Removal. Upon receipt of thirty (30) days prior written
9 notice, a franchisee, at its own expense, shall protect, support, temporarily
10 disconnect, relocate, or remove any of its property when, in the judgement of the
11 Community Services Director, the same is required by reason of traffic
12 conditions, public safety, and/or improvements by governmental agencies.
13 Nothing herein shall be deemed a taking of the property of a franchisee, and
14 franchisee shall be entitled to no surcharge by reason of this section. After
15 receipt of thirty (30) days prior written notice, upon failure of a franchisee to
16 commence, pursue, or complete any work required by the provisions of this
17 Ordinance to be performed on any street, within the reasonable time prescribed
18 and to the satisfaction of the City, the City may, at its option, cause such work to
19 be done, and a franchisee shall pay to the City the reasonable cost thereof,
20 within thirty (30) days after receipt of demand.
21 E. Location ❑f Facilities. A franchisee agrees to provide the City with a
22 map or maps which shall show the vertical and horizontal location of its facilities
23 within the Franchise Area using a minimum scale of one inch equals one
24 hundred feet (V = 100'), measured from the center line of the right-of-way,
25 which maps shall be in hard copy plan form acceptable to the City and in
26 Geographical Information System (GIS) format. This information shall be
27 provided within ninety (90) days of the effective date of this Ordinance and shall
14
1 be updated at least every twelve (12) months thereafter.
2 Section 11: Safety Requirements.
3 A franchisee, in accordance with applicable National, State, and Local
4 safety requirements shall, at all times, employ ordinary care and shall install and
5 maintain and use commonly accepted methods and devices for preventing
6 failures and accidents which are likely to cause damage, injury, or nuisance to
7 the public.
8 All structures and all lines, equipment and connections in, over, under, and
9 upon the streets, sidewalks, alleys, and public ways or places of a franchise area,
10 wherever situated or located, shall at all times be kept and maintained in a safe,
1 1 suitable condition, and in good order and repair.
12 The City reserves the general right to see that the system of a franchisee is
13 constructed and maintained in a safe condition. If a violation of the National
14 Electrical Safety Code or other applicable regulation is found to exist by the City,
15 the City will, after discussions with a franchisee, establish a reasonable time for a
16 franchisee to make necessary repairs. If the repairs are not made within the
17 established time frame, the City may make the repairs itself or have them made
18 and collect all reasonable costs thereof from a franchisee.
19 Section 12: Building Moving.
20 Whenever any person shall have obtained permission from the City to use
21 any street for the purpose of moving any building, a franchisee, upon seven (7)
22 days written notice from the City, shall raise or remove, at the expense of the
23 permittee desiring to move the building, any of a franchisee's wires which may
24 obstruct the removal of such building; provided, that the moving of such building
25 shall be done in accordance with regulations and general ordinances of the City.
26 Where more than one street is available for the moving of such building, the
27 building shall be moved on such street as shall cause the least interference. In
15
1 such event, the City shall be responsible for determining the path of least
2 interference. It is further provided that the person or persons moving such
3 building shall indemnify and save harmless said franchisee of and from any and
4 all damages or claims of whatsoever kind or nature caused directly or indirectly
5 for such temporary arrangement of the lines and poles of a franchisee.
6 Section 13: Tree Trimming.
7 In accordance with City ordinances, a franchisee shall have the authority to
8 trim and remove trees upon and overhanging streets, public ways and places in
9 the franchise area so as to prevent the branches of such trees from coming in
10 contact with the wires and cables of a franchisee and, if necessary, to clear a
1 1 microwave path. A franchisee shall be responsible for debris removal from such
12 activities.
13 Section 14: Rates.
14 Within thirty (30) days after the grant of any franchise hereunder, a
15 franchisee shall file with the City a complete schedule of all present rates charged
16 to all subscribers.
17 Prior to implementation of any change in rates or charges for any service or
18 equipment provided by a franchisee, a franchisee shall provide the City and all
19 subscribers a minimum of thirty (30) days prior written notice of such change.
20 Subject to the Act and resultant FCC regulations, the City may regulate the
21 rates or charges for providing cable service and other equipment and may
22 establish rate regulation review procedures as delegated by Federal law.
23 Section 15: Cable Availabilit
24 Cable service shall not be denied to any group of potential residential
25 cable subscribers because of the income of the residents of the local area in
26 which such group resides.
27
16
I Section 16: Franchise Fee.
2 A franchisee shall pay to the City quarterly, on or before the thirtieth (30th)
3 day after the end of each calendar quarter a percentage of gross revenues as
4 defined herein for the preceding calendar quarter. Such remittances shall be
5 accompanied by forms furnished by the City to report reasonably detailed
6 information as to the sources of such revenues.
7 Section 17: Periodic _Meetings.
8 Upon request, but not more than once during any calendar year, a
9 franchisee shall meet with designated City officials and/or designated
10 representative(s) of the City to review the performance of a franchisee for the
1 1 preceding period. The franchisee shall be given not less than thirty (30) days'
12 prior written notice of any such meeting. The subjects may include, but are not
13 limited to, those items covered in the periodic reports and performance tests.
14 Section 18: Cable System Evaluation.
15 In addition to periodic meetings, and with written notice of not less than five
16 (5) business days so that a franchisee can arrange to have necessary personnel
17 present, the City may require reasonable evaluation sessions at any time during
18 the term of a franchise.
19 It is intended that such evaluations cover areas such as customer service,
20 response to the community's cable -related needs, and a franchisee's
21 performance under and compliance with the terms of a franchise.
22 Section 19: Record Inspection.
23 Subject to statutory and constitutional limits and upon not less than ten (10)
24 business days' advance written notice, the City reserves the right to inspect the
25 records of a franchisee, which are not a part of its public files but which are
26 necessary for the enforcement of a franchise, during normal business hours
27 provided that the City shall maintain the confidentiality of any trade secrets or
17
1 other proprietary information in the possession of a franchisee. Such documents
2 shall include such information as financial records, subscriber records and plans
3 pertaining to a franchisee's operation in the City. Provided, nothing in this
4 Ordinance shall be read to require a franchisee to violate state or federal law
5 respecting Subscriber privacy, nor shall this Ordinance be read to require a
6 franchisee to disclose confidential or proprietary information without adequate
7 safeguards to protect its confidential or proprietary nature.
8 Section 20: Public, Educational and Government Access
9 The City may require, as a condition of a franchise granted pursuant to this
10 Ordinance, provisions for Public, Educational and Government (PEG) Access.
1 1 Section 21: City-wide Public, Educational and Government Access
12 Interconnection.
13 The City may request a franchisee to begin negotiations to interconnect
14 PEG access channels of a cable television system with any and all other
15 contiguous and compatible cable systems. Interconnection of system may be
16 accomplished by direct cable connection, microwave link, or other technically
17 feasible method.
18 Upon receiving request of the City to interconnect, if a franchise has not
19 already done so, a franchisee shall initiate negotiations with other affected
20 system(s), and shall report to the City the results of such negotiations no later
21 than sixty (60) days after such initiation. Any costs of interconnection may be
22 passed through to Subscribers by a franchisee.
23 Section 22: Institutional Networks(I-Nets)
24 A franchisee's cable system shall have the capability of serving designated
25 educational and public buildings with uni- or bi-directional video/audio signals.
26 The linkage may be by cable, microwave or other means deemed appropriate by
27 a franchisee. If required, suitable encoding and decoding devices shall be made
18
1 available by a franchisee to assure transmission security.
2 A public entity desiring the activation of such service shall make application
3 thereof to a franchisee. Activation of such services to a public entity shall not be
4 unduly denied.
5 A public entity in the City denied such service may request a public hearing
6 to evaluate such denial. Both the requestor and the franchisee shall be provided
7 the opportunity to present the reasons for the request and the reasons for the
8 denial. Upon a finding by the City Council that these services are reasonably
9 required to meet community needs, taking into account the cost of meeting such
10 needs, the City Council may require the activation of such services for the public
1 1 entity in a reasonable time and on the same basis that other public entities in the
12 City receive the same service.
13 Section 23: City-wide Institutional Networks Interconnection
14 A Franchise Agreement may require a franchisee to make such
15 interconnections as necessary to connect certain designated institutions on a
16 City-wide basis. The same conditions as enumerated in Section 21 City-wide
17 Public. Educational, and Government Access Interconnection shall prevail.
18 Section 24: Access and Institutional Network E ui ment
19 A Franchise Agreement may require a franchisee to contribute either
20 specified goods and services and/or a specified sum of money for the purpose
21 of providing facilities and equipment for PEG access programming and the
22 Institutional Networks.
23 Section 25: External Franchising Costs
24 Prior to expenditure of capital for any franchise related requirements that
25 would be treated as an external cost passed through to customers, the Operator
26 shall notify the City of its intent to exercise its right and the amount to be passed
27 through to customers. The City may waive the franchise related requirement if,
19
1 in the City's opinion, the increase in rates would be a burden on City rate
2 payers.
3 Section 26: Non -Discrimination.
4 A franchisee shall not, as to rates, charges, service facilities, rules,
5 regulations or in any other respect, make or grant any preferences or advantage
6 to any person nor subject any person to any prejudice or disadvantage; provided,
7 that nothing in this Ordinance shall be deemed to prohibit the establishment of a
8 graduated scale of charges and classified rate schedules to which any customer
9 coming within such classification would be entitled, and provided further that
10 connection and/or service charges may be waived or modified during
11 promotional campaigns of a franchisee.
12 A franchisee will not deny access to cable service to any group of potential
13 residential subscribers because of the income of the residents of the local area in
14 which the group resides.
15 Section 27: Continuity of Service.
16 It shall be the right of all subscribers to continue receiving service so long as
17 their financial and other obligations to a franchisee are fulfilled. In this regard a
18 franchisee shall act so far as it is reasonably within its control to provide all
19 subscribers with continuous uninterrupted service during the term of the
20 franchise, subject to applicable law.
21 In the event a franchisee fails to operate a system for seventy-two (72)
22 continuous and consecutive hours without prior notification to and approval of the
23 City Council or without just cause such as an impossibility to operate the system
24 because of the occurrence of an act of God or other circumstances reasonably
25 beyond a franchisee's control, the City may, after notice and an opportunity for a
26 franchisee to commence operations at its option, operate the emergency alert
27 system or designate someone to operate the emergency alert system until such
NEI
1 time as a franchisee restores service or a replacement franchisee is selected. If
2 the City is required to fulfill this obligation for a franchisee, a franchisee shall
3 reimburse the City for all reasonable costs or damages that are the result of a
4 franchisee's failure to perform.
5 Section 28: Transfer of Ownershi .
6 A franchise shall not be sold, transferred, leased, assigned, or disposed of in
7 whole or in part either by sale, voluntary or involuntary merger, consolidation or
8 otherwise, unless approval is granted by the City Council to ensure a review of
9 unforeseen circumstances not present at the time of the original franchise. The
10 City's approval shall not be unreasonably withheld. Such costs associated with
1 1 this review process shall be reimbursed to the City by a new prospective
12 franchisee.
13 An assignment of a franchise shall be deemed to occur if there is an actual
14 change in control or where ownership of fifty percent (50%) or more of the
15 beneficial interests, singly or collectively, are obtained by other parties. The word
16 "control" as used herein is not limited to majority stock ownership only, but
17 includes actual working control in whatever manner exercised.
18 A franchisee shall promptly notify the City prior to any proposed change in,
19 or transfer of, or acquisition by any other party of control of a franchisee's
20 company. Every change, transfer, or acquisition of control of a franchisee's
21 company shall cause a review of the proposed transfer. In the event that the City
22 adopts a resolution denying its consent and such change, transfer or acquisition
23 of control has been effected, the City may cancel the franchise. Approval shall
24 not be required for mortgaging purposes or if said transfer is from a franchisee to
25 another person or entity controlling, controlled by, or under common control with
26 a franchisee.
F
21
1 The City will exercise such regulatory control 96 it has under the Act to
2 monitor ownership, control, utilization and transfer of a franchise,
3 Section29: nnent of PMp2rty of IFranchlae .
4 The City may direct a franchisee to temporarily disconnect or bypass any
5 equipment of a franchisee in order to complete street construction or modification,
6 install and remove underground utilities, or for other reasons of public safety and
7 efficient operation of the City. Such removal, relocation or other requirement
8 shall be at the sole expense of a franchisee.
9 In the event that the use of any part of the cable system is discontinued for
10 any reason for a continuous period of twelve (12) months, or in the event such
1 1 system or property has been installed in any street or public place without
12 complying with the requirements of the Franchise or other City ordinances or the
13 Franchise has been terminated, cancelled or has expired, a franchisee shall
14 promptly, upon being given ten (10) days' notice, remove within ninety (90) days
15 from the streets or public places all such property and poles of such system other
16 than any which the City may permit to be abandoned in place which permission
17 shall not be unreasonably withheld. In the event of such removal, a franchisee
18 shall promptly restore the street or other areas from which such property has
19 been removed to a condition reasonably satisfactory to the City.
20 Any property of a franchisee remaining in place ninety (90) days after the
21 termination or expiration of the franchise shall be considered permanently
22 abandoned unless the franchisee has commenced removal within a reasonable
23 amok -of -time,
24 Any property of a franchisee to be abandoned in place shall be abandoned
25 in such manner as the City shall prescribe. Upon permanent abandonment of the
26 property of a franchisee in place, the property shall become that of the City, and a
27 franchisee shall submit to the City Clerk an instrument in writing, to be approved
22
M
1 The City will exercise such regulatory control as it has under the Act to
2 monitor ownership, control, utilization and transfer of a franchise.
3 Section 29: Removal & Abandonment of Property of Franchisee.
4 The City may direct a franchisee to temporarily disconnect or bypass any
5 equipment of a franchisee in order to complete street construction or modification,
6 install and remove underground utilities, or for other reasons of public safety and
7 efficient operation of the City. Such removal, relocation or other requirement
8 shall be at the sole expense of a franchisee.
9 In the event that the use of any part of the cable system is discontinued for
10 any reason for a continuous period of twelve (12) months, or in the event such
1 1 system or property has been installed in any street or public place without
12 complying with the requirements of the Franchise or other City ordinances or the
13 Franchise has been terminated, cancelled or has expired, a franchisee shall
14 promptly, upon being given ten (10) days' notice, remove within ninety (90) days
15 from the streets or public places all such property and poles of such system other
16 than any which the City may permit to be abandoned in place which permission
17 shall not be unreasonably withheld. In the event of such removal, a franchisee
18 shall promptly restore the street or other areas from which such property has
19 been removed to a condition reasonably satisfactory to the City.
20 Any property of a franchisee remaining in place ninety (90) days after the
21 termination or expiration of the franchise shall be considered permanently
22 abandoned unless the franchisee has commenced removal within a reasonable
23 amount of time.
24 Any property of a franchisee to be abandoned in place shall be abandoned
25 in such manner as the City shall prescribe. Upon permanent abandonment of the
26 property of a franchisee in place, the property shall become that of the City, and a
27 franchisee shall submit to the City Clerk an instrument in writing, to be approved
22
1 by the City Attorney, transferring to the City the ownership of such property. None
2 of the foregoing affects or limits franchisee's rights to compensation for an
3 involuntary abandonment of its property under State, or Federal law.
4 Section 30: Revocation for Cause.
5 Any franchise granted by the City may be terminated during the period of
6 such franchise for repeated failure by a franchisee to comply with material
7 provisions of this Ordinance, the Franchise or FCC Regulations.
8 The procedure to be followed resulting in termination for any of the above
9 reasons, save franchisee's request, shall be:
10 1. The City Council shall identify the deficiencies or noncompliance and
1 1 shall direct a franchisee, in writing, to correct such deficiencies or comply
12 with such regulations within thirty (30) days or a reasonable period of
13 time.
14 2. Failure to comply with the provision of (a) above will cause the matter of
15 noncompliance to be brought before the City Council for hearing.
16 3. At such hearing a franchisee and other interested parties shall be given
17 fair opportunity for full participation, including the right to introduce
18 evidence, to require the production of evidence, and to question
19 witnesses. The City Council, or its designee, acting as hearings officer,
20 will make the determination as to whether any non-compliance or
21 deficiency was without just cause. In the event the City Council finds that
22 such non-compliance or deficiency was without just cause, the City
23 Council may in its sole discretion fix an additional time period to cure
24 such deficiency(ies). If the deficiency has not been cured at the
25 expiration of any additional time period or if the Council does not grant
26 any additional period, the City Council may by ordinance declare the
27 franchise to be terminated and forfeited.
23
1 4. If a franchisee appeals revocation and termination, such revocation may
2 be held in abeyance pending judicial review by a court of competent
3 jurisdiction, provided a franchisee is otherwise in compliance with the
4 Franchise.
5 5. Nothing contained in the above subsections of this Section shall prevent
6 the issuance of a new franchise containing terms substantially the same
7 or identical to a franchise which previously was revoked, upon
8 satisfactory assurances made to the City Council that the terms and
9 conditions of this Ordinance can be met by the new franchisee.
10 Section 31: ,Effect of Termination for Non -Compliance.
1 1 If any franchise is terminated by the City by reason of a franchisee's non-
1 2 compliance, that part of the system under such franchise located in the streets
13 and public property, shall, at the election of the City, become the property of the
14 City in accordance with the City's as well as a franchisee's rights and remedies
15 under State and Federal law. If the City, or a third party, does not purchase the
16 system, a franchisee shall, upon order of the City Council, remove the system as
17 required under ,Section 29, Removal & Abandonment of Property of Franchisee
18 of this Ordinance.
19 Section 32: Indemnity & Hold Harmless.
20 A franchisee will indemnify and hold harmless the City from any and all
21 liabilities, fees, costs and damages, except in the case of judicially determined
22 gross negligence and/or willful misconduct of the City, whether to person or
23 property, or expense of any type or nature which may occur to the City by reason
24 of the construction, operation, maintenance, repair and alteration of a
25 franchisee's facilities or any other actions of a franchisee in the City. In any case
26 in which suit or action is instituted against the City by reason of damage or injury
27 caused by a franchisee, the City shall cause written notice thereof to be given to a
24
I franchisee and a franchisee thereupon shall have the duty to appear and defend
2 any such suit or action, without cost or expense to the City.
3 Section 33: Insurance.
4 A franchisee shall furnish the City with a certified copy or original of a
5 comprehensive liability insurance policy naming the City as an additional
6 insured. The amount of such policy shall be established in the Franchise
7 Agreement. Such insurance must be in place no later than the date of
8 acceptance of a franchise by a franchisee. This insurance shall be maintained in
9 full force at the franchisee's expense throughout the period of the franchise. The
10 City may delineate more specific details concerning such insurance in the
1 1 Franchise Agreement.
12 Section 34: Performance Bond.
13 A franchisee shall promptly repair or cause to be repaired any damage to
14 City property caused by a franchisee or any agent of a franchisee. A franchisee
15 shall comply with all present and future ordinances and regulations regarding
16 excavation or construction and, if deemed necessary by the City, shall be
17 required to post a performance bond or other surety acceptable to the City in an
18 amount specified by the City in favor of the City warranting that all restoration
19 work will be done promptly and in a workmanlike manner and that penalties, if
20 any, after final adjudication are paid to the City within ninety (90) days of such
21 finding.
22 Section 35: Recourse Against Bonds and Other Security
23 Bonds and other security may be utilized by the City for the purposes,
24 including, but not limited to, reimbursement of the City by reason of a
25 franchisee's failure to pay the City any sums due under the terms of this
26 Ordinance or the franchise, reimbursement of the City for reasonable costs
27 borne by the City to correct franchise violations not corrected by a franchisee
25
1 after due notice; and monetary remedies or damages assessed against a
2 franchisee due to default or violations of the franchise requirements or this
3 Ordinance.
4 A. Recourse. In the event franchisee has been declared to be in default by
5 the City under Section 30: Revocation For Cause, and if a franchisee fails,
6 within thirty (30) days of mailing of the City's finding, to pay the City any
7 franchise fee, penalties, or monetary sanctions, or fails to perform any of the
8 conditions of the franchise, or fails to file for judicial review of the City's findings,
9 the City may thereafter foreclose against the performance bond and/or withdraw
10 from any other security an amount sufficient to compensate the City's damages,
11 with interest at the legal rate. Upon such foreclosure or withdrawal, the City
12 shall notify a franchisee in writing, by First Class Mail, postage prepaid, of the
13 amount and date thereof.
14 B. Restoration. Within thirty (30) days after mailing notice to a franchisee
15 that the City has foreclosed franchisee's performance bond or that any amount
16 has been withdrawn by the City from the other security pursuant to subsection
17 "A" above, a franchisee shall deposit such further bond or sum of money, or
18 other security, as the City may require, sufficient to meet the requirements of this
19 Ordinance and the Franchise Agreement.
20 C. Rights of theme. The rights reserved to the City with respect to any
21 bond or security are in addition to all other rights of the City whether reserved by
22 this Ordinance or authorized by law, and no action, proceeding, or exercise of a
23 right with respect to any bond or other security shall constitute an election or
24 waiver of any rights or other remedies the City may have.
25 Section 36: Franchising Costs
26 The Operator shall pay to the City upon acceptance of any initial franchise
27 or renewal franchise granted hereunder, the City's reasonable out-of-pocket
26
1 costs associated with the franchising process up to a maximum amount
2 specified in the Franchise Agreement. The amount of the filing fee shall be a
3 credit against these out-of-pocket costs. Costs shall include such items as
4 consulting fees, expenses, and the costs of publishing notices and ordinances,
5 etc. Such payment is not to be considered in lieu of franchise fee payments.
6 Payment is due within thirty (30) days of receipt of appropriate invoice from the
7 City.
8 Section 37: Equalization of Civic Contributions
9 In the event of one or more new franchises being granted, the City may
10 require that such subsequent franchisees pay to the City an amount
1 1 proportionally equal to franchising costs contributed by the initial franchisee.
12 These costs may include but are not limited to such features as access and
13 institutional network costs, bi-directional or equivalent cable installed to
14 municipal buildings and similar expenses.
15 Additional franchisees shall provide all PEG access channel(s) currently
16 available to the subscribers of existing franchisees. In order to provide these
17 access channels, additional franchisees shall interconnect, at their cost, with
18 existing franchisees, subject to any reasonable terms and conditions that the
19 existing franchisee providing the interconnection may require. These
20 interconnection agreements shall be made directly between the franchisees.
21 The City Council, in such cases of dispute of award, may be called upon to
22 arbitrate regarding these arrangements.
23 Additional franchisees shall contribute towards costs of PEG access paid
24 by a prior franchisee by paying to the prior franchisee on each anniversary of
25 the grant of the subsequent franchise an amount equal to a proportionate share
26 of the amount contributed by the prior franchisee for PEG access costs in
27 constant dollars. This proportion shall be based upon the number of
27
1 subscribers in the City held by each franchise and shall be contributed until
2 such time as equal contributions towards the cost of PEG access have been
3 made.
4 Section 38: Inconsistency.
5 If any portion of this Ordinance should be inconsistent or conflict with any
6 rule or regulation now or hereafter adopted by the FCC or other Federal law, then
7 to the extent of the inconsistency or conflict, the rule or regulation of the FCC or
8 other Federal law shall control for so long, but only for so long, as such rule,
9 regulation, or law shall remain in effect; provided the remaining provisions of this
10 Ordinance shall not be effected thereby.
11 Section 39: Severability.
12 Each section, subsection or other portion of this Ordinance shall be
13 severable and the invalidity of any section, subsection, or other portion shall not
14 invalidate the remainder.
W.
RECEIVED
MAR 2 6 1996
EDMONDS CITY CLERK
EDMONDS FRANCHISE
TABLE OF CONTENTS
Section
Page
1.
Purpose..............................................................................................
3
2.
Length of Franchise. ... _ ...................................................................
3
3.
Application.........................................................................................
3
4.
Service Area......................................................................................
3
5.
Franchise Fee...................................................................................
4,5
A. Late Payment..............................................................................
4,5
B. Financial Reports........................................................................
5
C. Audit by City.................................................................................
5
D. Non-waiver..................................................................................
5
E. Taxes............................................................................................
6.
Technical Standards........................................................................
6
7.
Technical Evaluation.......................................................................
6,7
8.
Reports...............................................................................................
7,8
9.
Customer Service.............................................................................
8
10.
Telephone Response......................................................................
8,9
11.
Failure to Improve Customer Service ...........................................
9
12.
Refunds for Outages........................................................................
10
13.
Termination of Subscriber Service ...............................................
10, 11
1. Subscriber Termination.............................................................
10
2. Prompt Disconnection or Downgrade Upon Request:
Charges.. ......................................................................................
10
3. Subscriber Return of Equipment .............................................
10
4. Charges Upon Failure to Recover Equipment ......................
10, 11
5. Equipment Returns ..................
11
14.
Future Provisions..............................................................................
11, 12
A. Upgrade.......................................................................................
11
B. Other Services............................................................................
11, 12
15.
Emergency Override........................................................................
12, 13
16.
Standby Power.................................................................................
13
17.
Programming....................................................................................
13
1
TABLE OF CONTENTS
:tion
Page
18.
Access Channels..............................................................................
13, 14
A. Public Access..............................................................................
13, 14
B. Educational Access....................................................................
14
C. Government Access ....................................... ..........................
14
D. Additional Channels..................................................................
14
19.
Access Cablecasting Equipment ...................................................
14, 15
A. Government.................................................................................
14
B. Public/Educational.....................................................................
15
20.
Public Buildings................................................................................
15
21.
Institutional Networks (I -Nets) ........................................................
15, 16
A. City Facilities Network...............................................................
16
B. Educational Facility....................................................--------........
16
22.
Interconnection.................................................................................
16
23.
Coverage...........................................................................................
16, 17
24
Cable Availability..............................................................................
17
25.
Extraordinary Installation Charges ................................................
17
26.
Penalties........................................................................................ ...
17-20
27.
Performance Review Extension.....................................................
20,21
28.
Insurance...........................................................................................
21,22
29.
Independent Contractors................................................................
22
30.
Franchising Costs.............................................................................
22
31.
Entire Agreement..............................................................................
22
32.
Successors or Assigns....................................................................
23
33.
Acceptance........................................................................................
23
34.
Effective Date....................................................................................
23
35.
Notice. ....................................................... .........................................
23
Appendix A ......................................... FCC Customer Service Standards
Appendix B.. ......................... Government Access Cablecast Equipment
Appendix C............................................................... Educational Facilities
AppendixD.........................................................................Public Buildings
2
1
2 Section 1: Purpose
3 This Agreement shall establish a non-exclusive Franchise and shall
4 constitute an agreement between the City of Edmonds (hereinafter the "City")
5 and Edmonds Cable Company (hereinafter the "Operator"). The Operator
6 promises to construct, maintain, and operate a cable television system for the
7 distribution of television and other electronic signals pursuant to the terms of
8 this Franchise. The City agrees to grant the Operator all necessary rights and
9 privileges to use public rights of way necessary for a cable television system.
10 This agreement shall, as of its effective date, supersede and replace all
1 1 existing franchises previously granted by the City to the Operator or any of its
1 2 predecessors, subsidiaries or affiliated companies.
13 Section 2: Length of Franchise.
14 The length of this Franchise shall be for a term of fifteen (15) years from
1 5 _ _ through midnight subject
16 to the conditions specified in Section 27; Performance Review Extension.
17 Section 3: Application.
18 An Operator making application for such a franchise shall submit the
19 application on applicable forms and furnish a non-refundable filing fee of
20 Five Thousand Dollars ($5,000.00) which is not in lieu of franchise fees or
21 other contributions to the City.
22 Section 4: Service Area.
23 The Operator's service area shall be the entire incorporated area of the
24 City of Edmonds, in its present incorporated form or in any later reorganized,
25 consolidated, enlarged, or re -incorporated form.
26
3
1 Section 5: Franchise Fee.
2 The Operator shall pay to the City quarterly, on or before the thirtieth
3 (30th) day of each calendar quarter, a sum equal to five percent (5%) of
4 Gross Revenues, for the preceding three calendar months, as defined in
5 Ordinance . Gross revenues that are derived as a portion of a national
6 or regional service shall be computed on a per subscriber basis if such
7 determination cannot be achieved by other means.
8 The franchise fee payable by a franchisee to the City on Gross
9 Revenues derived from any new, non -cable television -related programming
10 product or other communication services such as interactive data, telephone
1 1 transmission or other communications products or services, which is
12 delivered to the subscriber by using public rights -of -way, shall be at the same
1 3 rate as the fee, tax, assessment or other revenue payable to the City by other
14 providers of the same product or services within a franchisee's franchise
15 service area. As used in this section, a non -programming product or service
16 shall be considered new if a franchisee was not already providing it as of the
17 enactment of its franchise.
18 The City may modify the franchise fee if so permitted by Federal and
19 State law. Prior to implementation of any modification in franchise fees the
20 Operator may request a public hearing by the City Council to discuss said
21 modification. Following such a hearing the City Council may require the
22 implementation of such modification in accordance with the provisions of this
23 Ordinance.
24 A. Late Payment. Any quarterly franchise fee not paid by the Operator
25 within thirty (30) days after the end of a calendar quarter shall bear interest at
26 the rate of twelve percent (12%), per annum or whatever maximum amount is
4
I allowed under State law, whichever is greater, from the due date until paid.
2 B. Financial Reports. Each franchise fee payment shall be
3 accompanied by a financial report on a form provided by the City showing the
4 basis for the Operator's computation for each income segment as indicated.
5 Gross revenue sources which may not be applicable shall be clearly
6 delineated on the report.
7 C. Audit by City The City shall have the right, upon reasonable notice
8 of no less than ten (10) working days, to inspect the books and records of the
9 Operator during normal business hours, for the purpose of ascertaining the
10 actual Gross Revenues collected by the Operator during any of the five (5)
1 1 previous calendar years. In the event a discrepancy exists of more than ten
1 2 percent (10%) between the financial report submitted by the Operator with a
1 3 quarterly payment and the actual Gross Revenues collected by the Operator,
1 4 the Operator agrees to pay to the City the costs of such audit. In the event
1 5 that additional franchise fees are due the City, the Operator further agrees to
16 pay interest as required for late payment on such additional franchise fees
17 computed from the date on which such additional franchise fees were due
18 and payable.
19 D. Non -waiver. Acceptance of any franchise fee payment by the City
20 shall not be construed as an agreement by the City that the franchise fee paid
21 is in fact the correct amount, nor shall acceptance of payment by the City be
22 construed as a release or waiver of any claim the City may have for further or
23 additional sums payable under the provisions of this Ordinance.
24 E. Taxes. Nothing in this Section shall limit the Operator's obligation to
25 pay applicable local, State, or Federal taxes.
26
5
I Section 6: Technical Standards.
2 Subject to Federal, State and local law, the Operator shall comply with
3 FCC ruffles, Part 76, Subpart K, Section 76.601 through 76.610 as amended,
4 hereafter, and, at the minimum, the following:
5 1. Applicable City, State and National/Federal Codes and Ordinances;
6 2. Applicable Utility Joint Attachment Practices:
7 3. The National Electric Safety Code; ANSI 02;
8 4. City Utility Code Requirements;
9 5. City Rights -of Way Procedures;
10 6. Bell System Code of Pale Line Construction
1 1 The Operator shall notify the City prior to the date of the semi-annual FCC
12 Proof of Performance Test so that the City, as authorized by FCC regulations,
13 may, at its option, monitor the taking of such tests. The Operator shall in any
14 event make available a copy of the results of the system evaluation to the City
15 at the same time as submission to the FCC.
16 Section 7: T 1 Evaluation
17 If deemed necessary, the City may at any time, upon not lose than ten (10)
18 days written notice to the Operator, review the cable system's technical
19 performance, During such technical evaluation, the Operator shall fully
20 cooperate with the City and shall provide without cost such reasonable
21 information and i in documents as the City may request to enable the
22 City to perform technical evaluations.
23 If the City has concerns because of reoccurring technical problems with the
24 operatoes cable system it may retain an independent consultant to conduct an
25 analysis of the cable system and its technical performance and submit a report
2 6 of such analysis to the City. The City shall take into consideration any efforts
6
1 Section 6: Technical Standards.
2 Subject to Federal, State and local law, the Operator shall comply with
3 FCC rules, Part 76, Subpart K, Section 76.601 through 76.610 as amended,
4 hereafter, and, at the minimum, the following:
5 1. Applicable City, State and National/Federal Codes and Ordinances;
6 2. Applicable Utility Joint Attachment Practices;
7 3. The National Electric Safety Code; ANSI C2;
8 4. City Utility Code Requirements;
9 5. City Rights -of -Way Procedures;
10 6. Bell System Code of Pole Line Construction
1 1 The Operator shall notify the City prior to the date of the semi-annual FCC
1 2 Proof of Performance Test so that the City, as authorized by FCC regulations,
1 3 may, at its option, monitor the taking of such tests. The Operator shall in any
14 event make available a copy of the results of the system evaluation to the City
15 at the same time as submission to the FCC.
16 Section 7: Technical Evaluation
17 If deemed necessary, the City may at any time, upon not less than ten (10)
18 days written notice to the Operator, review the cable system's technical
19 performance. During such technical evaluation, the Operator shall fully
20 cooperate with the City and shall provide without cost such reasonable
21 information and documents as the City may request to enable the City to
22 perform technical evaluations.
23 If the City has concerns because of reoccurring technical problems with the
24 Operator's cable system it may retain an independent consultant to conduct an
25 analysis of the cable system and its technical performance and submit a report
26 of such analysis to the City. The City shall take into consideration any efforts
0
1 taken to correct such deficiencies.
2 The report prepared by the consultant in response to the City's request for
3 a system evaluation shall include:
4 1. A description of the technical problem in cable system performance
5 which precipitated the special tests;
6 2. What cable system components were tested;
7 3. The equipment used and procedures employed in testing;
8 4. The method, if any, by which specific performance problems may be
9 resolved;
10 5. Any other information pertinent to said tests and analyses which may
1 1 be required by the City.
12 If the system is not in compliance with FCC standards or the requirements
13 of the Franchise, and if information concerning such noncompliance was not
14 made available to the City by the Operator before the tests were conducted, the
1 5 Operator shall reimburse the City for any costs involved in conducting such
1 6 tests, such as consultant fees or other expenses.
17 Section 8: Reports.
1 8 The Operator shall furnish, upon written request, made by the City not
19 more often than once each calendar year a report of its activities as
20 appropriate. Such report shall include:
21 1. Most recent annual report of the Operator, if the Operator is required
22 to file annual reports with the Securities Exchange Commission.
23 2. The number of homes passed.
24 3. The number of subscribers with basic services.
25 4. The number of subscribers with premium services.
26 5. The number of hook-ups in period.
1 6. The number of disconnects in period.
2 7. Total number of miles of cable in City.
3 8. A summary of written complaints received by category.
4 9. Copies of all FCC complaint logs.
5 10. A statement of its current billing practices, and a sample copy of the
6 bill format.
7 11. A current copy of its subscriber service contract.
8 12. Report on operations - Such other reports with respect to its local
9 operation, affairs, transactions or property as are necessary to monitor
10 compliance with this Agreement and the Ordinance.
1 1 The Operator shall have not less than sixty (60) days to prepare and
12 submit this report.
13 Section 9: Customer Service.
14 At a minimum, the Operator shall at all times be in compliance with FCC
15 Customer Service obligations 76.309, Subpart II, or as may be amended. The
16 City, however, reserves the unilateral right to impose more stringent
17 requirements if it so deems necessary. Such standards are appended in
18 Appendix "A".
19 Section 10: Tel e hone Res onse.
20 In order that the City may be informed of the Operator's success in
21 achieving satisfactory customer relations in its telephone answering
22 functions, the Operator shall, upon the completion of the upgrade and
23 thereafter upon written request by the City, not more often than once each
24 calendar quarter, provide the City with a summary that will provide, at a
25 minimum, the following information for the immediately preceding calendar
26 quarter:
0
1 1. Number of calls received per hour;
2 2. Time taken to answer;
3 3. Average talk time;
4 4. Number of calls abandoned by the caller;
5 5. Average hold time;
6 6. Percentage of time all lines busy.
7 The Operator shall have not less than forty-five (45) days to prepare and
8 submit the report. This data will be compared to minimum standards of the
9 FCC Customer Service obligations 76.309, Subpart II or as amended
1 0 incorporated herein by reference.
1 1 Calls for service generated during periods of system outages which effect
12 more than twenty-five (25) customers may be excluded from the service
1 3 response calculations.
14 Section 11: Failure to Improve Customer Service.
15 The City or its designee shall review telephone response and customer
16 service information with the Operator. It will be assumed that improvements
17 will be made by the Operator in the areas of material and repeated non-
1 8 compliance with FCC standards from the last reporting period. Failure to do
19 so may result in the calling of a public hearing by the City Council for the
20 purpose of examining the reasons, if any, why such improvements were not
21 achieved by the Operator.
22 Record of such non-compliance with FCC Standards may be alleged by
23 the City as grounds for denying a renewal of the Operator's franchise under
24 Section 626(c)(1)(A) and (8) of The Act.
25
26
1 Section 12: Refunds for Outages
2 No charge for the period of a system outage shall be made to the
3 subscriber if the subscriber was without service for a period exceeding twenty-
4 four (24) hours and requests a refund for the period of outage within 30 days
5 thereafter. It will be the responsibility of the Operator to notify a Subscriber of
6 the right to a refund.
7 Section 13: Termination of Subscriber Service
8 1. Subscriber Termination. A Subscriber may terminate service at any
9 time unless the Subscriber has agreed in writing to accept service for a
10 specified time.
1 1 2. Prompt Disconnection or Downgrade upon Request: Charges. The
12 Operator shall promptly disconnect or downgrade any Subscriber who so
1 3 requests from the Operator's Cable System. No period of notice prior to
14 voluntary termination or downgrade of service may be required of
15 Subscribers by the Operator. No charge may be imposed for any voluntary
16 disconnection, and downgrade charges must comply with the requirements
1 7 of federal law. No charge for monthly subscription fees shall be imposed
18 after the requested date of disconnection so long as the Subscriber returns
19 equipment necessary to receive a service on or before the date of the
20 disconnection. For the purposes of this section, a requested date of
21 disconnection must be a date on or after the date on which the Subscriber
22 notifies the Operator of its desire to disconnect.
23 3. Subscriber Return of Equipment. A Subscriber may return the
24 Operator's equipment to the Operator's business office.
25 4. Charges Upon Failure to Recover Equipment. Upon termination of
26 services, should the Operator not promptly collect any equipment from the
10
1 premises of the Subscriber which the Operator has agreed to remove within
2 an agreed amount of time, the Subscriber shall not be charged for continued
3 services, nor for failure to return any equipment.
4 5. E uq ipment Returns. Should the Operator require the subscriber to
5 return the equipment, the Operator shall establish convenient hours including
6 evening and weekend hours, for return of the equipment, and the subscriber
7 shall have a reasonable length of time in which to return the equipment. The
8 subscriber shall be advised of the date by which the equipment must be
9 returned before a charge may be imposed for failure to return equipment.
10 Section 14: Future Provisions
1 1 A. Upgrade. The Operator shall begin design of its proposed system
1 2 upgrade promptly following the effective date of this agreement and shall
1 3 complete the design no later than six (6) months after the effective date of this
14 agreement. The Operator shall complete the upgrading of the cable
15 television system to a minimum of seventy (70) channel capacity no later than
1 6 thirty six (36) months from the effective date of the franchise. Such increased
17 channel capacity may be by whatever method suitable to the operator's
1 8 engineering analysis provided that such upgrades meet the requirements of
19 Section 6: Technical Standards.
20 Following the commencement of construction of the upgrade, the
21 Operator shall meet, upon request, with the City to discuss its progress until
22 the upgrade is complete.
23 B. Other Services. Because of the quickening pace of electronic
24 communication development it is essential that the City be provided with
25 such new features when they become technologically and economically
26 feasible. While such potential services are too numerous to enumerate, they
11
I would include, but not be limited to, computer Interaction, interactive video on
2 demand, interactive shopping, and similar developments. Recognizing that
3 these types of services are not generally available at the present and that the
4 City's future franchise term expiration may not coincide with the advent of
5 such services, the City shall require that those features be made available to
6 the City within a reasonable time after 41. Fifty-one percent (51 %) of Other
7 franchised areas in the Snohomish -King County area in Washington state
S have been furnished such services by the Cable Operator in those areas for
9 twenty-four (24) months.
10 However, prior to the implementation, the Operator may request a public
1 1 hearing to review the economic feasibility and cost/benefit to the City's
12 subscribers of such options. The City Council then, at its discretion, may
13 require the activation of such feature(s), extend the time requirement, or
14 postpone the event until further hearing.
15 Section i5: E!ngraency Override
16 The Operator shall be in compliance by no later than twelve (12) months
17 from the effective date of a Franchise, with FCC Regulations requiring
18 installation of an Emergency Alert System (EAS) and provide an audio
19 interrupt on all channels and video message on at least one channel during
20 an emergency.
21 The Operator shall establish a process which will provide a character
22 generated scroll and will make its best effort to furnish a voice override
23 notifying viewers and listeners of an emergency. Subject to federal and state
24 laws and regional planning authorities, the City may preempt the operation of
25 the system in the event of an emergency. The City, at its option may elect to
26 share this service with adjoining communities in the event of an emergency if
12
1 would include, but not be limited to, computer interaction, interactive video on
2 demand, interactive shopping, and similar developments. Recognizing that
3 these types of services are not generally available at the present and that the
4 City's future franchise term expiration may not coincide with the advent of
5 such services, the City shall require that these features be made available to
6 the City within a reasonable time after:
7 1. Fifty-one percent (51 %) of other franchised areas in the Snohomish-
8 King County area in Washington state have been furnished such
9 services by the Cable Operator in those areas for twenty-four (24)
10 months.
1 1 However, prior to the implementation, the Operator may request a public
1 2 hearing to review the economic feasibility and cost/benefit to the City's
1 3 subscribers of such options. The City Council then, at its discretion, may
1 4 require the activation of such feature(s), extend the time requirement, or
1 5 postpone the event until further hearing.
16 Section 15: Emergency Override
17 The Operator shall be in compliance by no later than twelve (12) months
18 from the effective date of a Franchise, with FCC Regulations requiring
19 installation of an Emergency Alert System (EAS) and provide an audio
20 interrupt on all channels and video message on at least one channel during
21 an emergency.
22 The Operator shall establish a process which will provide a character
23 generated scroll and will make its best effort to furnish a voice override
24 notifying viewers and listeners of an emergency. Subject to federal and state
25 laws and regional planning authorities, the City may preempt the operation of
26 the system in the event of an emergency. The City, at its option may elect to
12
1 such sharing is feasible with then existing technology in the system.
2 The City shall holy! the Operator, its agents, employees, officers,
3 directors, shareholders and assigns harmless from any olaims arising out of
4 the emergency use of its transmitting facilities by the City.
5 Section 1A: Standby Power
6 No later than the completion of the upgrade,.the Operator shall install
7 standby alternate electrical power sources in the event of power failures so
8 as to provide uninterrupted service to subscribers for a limited period of time
9 In the event of a temporary power outage.
10 Section: Progra ming.
1 1 For Informatlonal purposes the Operator shall file with the City a listing of
12 its programming and the tiers In which they are placed. The Operator shall
13 consider suggestions of general program categories as determined from time
14 to time in residential questionnaire polls conducted by the Operator or other
15 general information obtained by the Operator from the Subscriber. If in the
16 future the City`s regulatory authority over programming selection may be
17 broadened, the City and the Operator agree to discuss the addition of
18 programming suggested by residential .questionnaire polls to the system's
19 channel carriage.
20 section 18: Access Qhannals
21 The Operator shall designate a total of seven (7) channels for Public,
22 Educational and Government Access use. Such use may be shared among
23 the several local contiguous jurisdictions where the Operator provides cable
24 service except as provided below:
25 A. Public Access. Upon request, one (1) channel upon completion of
26 the upgrade, but no later than thirty-six (36) months from the effective date of
is
1 share this service with adjoining communities in the event of an emergency if
2 such sharing is feasible with then existing technology in the system.
3 The City shall hold the Operator, its agents, employees, officers,
4 directors, shareholders and assigns harmless from any claims arising out of
5 the emergency use of its transmitting facilities by the City.
6 Section 16: Standby Power
7 No later than the completion of the upgrade the Operator shall install
8 standby alternate electrical power sources in the event of power failures so
9 as to provide uninterrupted service to subscribers for a limited period of time
1 0 in the event of a temporary power outage.
11 Section 17: Programming
12 For informational purposes the Operator shall file with the City a listing of
13 its programming and the tiers in which they are placed. The Operator shall
14 consider suggestions of general program categories as determined from time
15 to time in residential questionnaire polls conducted by the Operator or other
16 general information obtained by the Operator from the Subscriber. If in the
17 future the City's regulatory authority over programming selection may be
18 broadened, the City and the Operator agree to discuss the addition of
19 programming suggested by residential questionnaire polls to the system's
20 channel carriage.
21 Section 18: Access Channels
22 The Operator shall designate a total of seven (7) channels for Public,
23 Educational and Government Access use. Such use may be shared among
24 the several local contiguous jurisdictions where the Operator provides cable
25 service except as provided below:
26 A. Public Access. Upon request, one (1) channel upon completion of
13
I this Franchise, whichever cornea sooner. Such channel(z) may be shared by
2 the jurisdictions Indicated above.
3 B. Fducationai Access. One (1) channel under the same slate specific
4 conditions as above upon a showing to the Operator by community educators
5 of the need for such a channel and the availability of appropriate programing.
6 C. QoverLluient Access. Upon request, one (1) channel upon
7 completion of the upgrade, but no later than thirty-six (36) months from the
8 effective date of this Franchise, whichever comes sooner. This channel shall
9 be for the sole and exclusive use of the City and shall not be shared with any
10 other franchising authority.
11 0. Additional Channsls �Of
12 60ditionaLch_annel5, up tip the maximum total of seven (7), shalt be made
13 available when a channel is used for access purposes with programing of any type
14 during fifty percent (501/11D) of the hours between 10:00 a.m, and 10:00 p.m., during any
15 consecutive tan (10) week period. Except for character generated announcements, the
16 programing of additional channels required shall be distinct and non -repetitive of the
17 previous channel. Based upon this criterion the Operator shall,yA+hsw thinly days
18 (34)-within thirty M days following a request by the City, provide another
19 designated access channel for this purpose.
20 Section 1+9; &gga% Caiblecastinq Equipment
21 A. Government, The Operator shall furnish equipment at its cost for
22 cablecasting of taped and/or live coverage of Council meetings and other
23 events from City Hall. This equipment is listed in Appendix "B". Such
24 designated equipment shall be furnished upon the request of the City no later
25 than six (6) months of the effective date of the Franchise.
26 8_ Pa
hliclEducationa(_ The Operator shall support the cable casting
14
1 the upgrade, but no later than thirty-six (36) months from the effective date of
2 this Franchise, whichever comes sooner. Such channel(s) may be shared by
3 the jurisdictions indicated above.
4 B. Educational Access. One (1) channel under the same date specific
5 conditions as above upon a showing to the Operator by community educators
6 of the need for such a channel and the availability of appropriate programing.
7 C. Government Access. Upon request, one (1) channel upon
8 completion of the upgrade, but no later than thirty-six (36) months from the
9 effective date of this Franchise, whichever comes sooner. This channel shall
10 be for the sole and exclusive use of the City and shall not be shared with any
1 1 other franchising authority.
12 D. Additional Channels. Over and above these, up to the maximum of
13 seven (7) additional channels shall be made available when a channel is
1 4 used for access purposes with programing of any type during fifty percent
15 (50%) of the hours between 10:00 a.m. and 10:00 p.m., during any
16 consecutive ten (10) week period. Except for character generated
17 announcements, the programing of additional channels required shall be
1 8 distinct and non -repetitive of the previous channel. Based upon this criterion
19 the Operator shall, within thirty days (30) following a request by the City,
20 provide another designated access channel for this purpose.
21 Section 19: Access Cablecasting Equipment
22 A. Government. The Operator shall furnish equipment at its cost for
23 cablecasting of taped and/or live coverage of Council meetings and other
24 events from City Hall. This equipment is listed in Appendix "B". Such
25 designated equipment shall be furnished upon the request of the City no later
26 than six (6) months of the effective date of the Franchise.
14
1 facility located at Edmonds Community College which will serve as a studio
2 for both public and educational purposes. The Operator shall provide the
3 amount of Forty Thousand Dollars ($40,000.00) to the college tar purchasing
4 new equipment towards this and.
5 At such time as there is demonstrated community interest in public cablecasting,
6 the City may at its expense elect to construct and equip a separate studio for this
7 purpose or to sh,Are a facility with other nearby communities,i
9 aection._24.: Public I�wllldin_gs
10 The Operator shall provide Basic Cable Service without charge for
x 1 installation or monthly rate to such public buildings and schools as specified in
12 Appendices "C" and 'V as well as other such public buildings or schools that
13 may be constructed during the period of the Franchise with points of entry
14 within one hundred fifty (150) feet of the trunk or distribution system. There
15 shall be an installation charge equal to the Operator's cost for time and
16 materials for public buildings or schools with points of entry mare than one
17 hundred fifty (150) feet from the trunk or distribution system. Any necessary
18 internal wiring shall be provided on a time and materials basis at the
19 Operator's cost.
20 Section 21_: Institutional orks(I-Nets
21 The cable system serving all public buildings shall be capable of
22 upstream and downstream transmission and may use any technically
23 suitable method (e.g. hardline, microwave with scramblers/descramblers,
24 etc.) selected by an operator. New facilities constructed subsequent to the
25 date of this Ordinance shall likewise be furnished the same capability
26 providing they most the trunk and distribution line requirements.
1s
1 B. Public/Educational. The Operator shall support the cable casting
2 facility located at Edmonds Community College which will serve as a studio
3 for both public and educational purposes. The Operator shall provide the
4 amount of Forty Thousand Dollars ($40,000.00) to the college for purchasing
5 new equipment towards this end.
6 At such time as there is demonstrated community interest in public
7 cablecasting, the City may at its expense elect to construct and equip a
8 separate studio for this purpose or to share a facility with other nearby
9 communities internal wiring will be made by the Operator at its cost.
10 Section 20: Public Buildings
1 1 The Operator shall provide Basic Cable Service without charge for
12 installation or monthly rate to such public buildings and schools as specified in
13 Appendices "C" and "D" as well as other such public buildings or schools that
14 may be constructed during the period of the Franchise with points of entry
15 within one hundred fifty (150) feet of the trunk or distribution system. There
16 shall be an installation charge equal to the Operator's cost for time and
17 materials for public buildings or schools with points of entry more than one
18 hundred fifty (150) feet from the trunk or distribution system. Any necessary
19 internal wiring shall be provided on a time and materials basis at the
20 Operator's cost.
21 Section 21: Institutional Networks (I -Nets)
22 The cable system serving all public buildings shall be capable of
23 upstream and downstream transmission and may use any technically
24 suitable method (e.g. hardline, microwave with scram blers/descramblers,
25 etc.) selected by an operator. New facilities constructed subsequent to the
26 date of this Ordinance shall likewise be furnished the same capability
15
1 providing they meet the trunk and distribution line requirements.
2 A. City Facilities Network. Public buildings including public safety
3 facilities as shown on Appendix "D" shall be interconnected to each other.
4 B. Educational Facility. Those schools and libraries as indicated in
5 Appendix "C" shall be interconnected to each other. As future requirements
6 may so dictate, coordination with other regional educational entities may
7 necessitate interface with adjacent school districts and community colleges
8 as appropriate.
9 Section 22: Interconnection
10 In order to implement the cablecasting of educational and/or public
1 1 access programs in accordance with Section 18: Access Channels the
12 Operator shall exercise reasonable efforts to make arrangements with the
13 cable operator serving the City of Lynnwood to interconnect the two systems
14 for this purpose after the completion of the rebuild.
15 Section 23: Coverage
16 Subject to the density considerations in Section 24: Cable Availability,
17 the City shall be provided with cable television service in the entire Franchise
18 area. If such a condition does not now exist, the Operator shall complete such
19 wiring and be in a position to offer cable reception to all residents within six
20 (6) months from the grant of the Franchise. Areas annexed by the City after
21 the date of the Franchise which do not have cable television service at the
22 time of annexation shall be provided with cable availability within twelve (12)
23 months after the annexation.
24 The Operator shall not be required to furnish cable to subsequently
25 annexed areas which have cable service provided by another operator. In
26 those areas which are adjacent to an unbuilt area, the Operator with the
16
I nearest trunk and/or distribution line will be responsible to provide the
2 required cable service.
3 Section 24: Cable Availability
4 Cable Service shall be available to all residents within the City provided
5 there are at least thirty-two (32) dwelling units per street mile.
6 Section 25: Extraordinary installation Charges
7 All residents requesting cable service and living within one hundred fifty
8 (150) feet of existing cable distribution or trunk lines shall have the cable
9 installed at the prevailing published installation rate. Underground services
10 where aerial services are permitted shall be furnished on a time and material
11 basis.
12 In the event a request is made for service and the residence is more
1 3 than one hundred fifty (150) feet from an existing cable distribution or trunk
14 line, such installation shall be completed on a time and material cost basis for
1 5 that portion of the service line extending beyond one hundred fifty (150) feet.
1 6 In the event a request is made for service by a resident(s) living in an
17 area not meeting such density criteria in accordance with Section 24: Cable
1 8 Availability, the Operator shall enter into a contractual agreement with the
19 resident(s) requesting service wherein the Operator shall be reimbursed for
20 its construction costs. In such instance, upon request, the Operator shall
21 make a pro-rata refund if and when additional dwellings are serviced by the
22 same distribution line.
23 Section 26: Penalties.
24 The City shall notify the Operator in writing stating the nature of a
25 perceived failure by the Operator to comply with conditions of the Franchise
26 and setting forth a reasonable time within which the Operator will be allowed
17
1 extension of time if construction or other performance is suspended or
2 delayed by the City, or where unusual weather, acts of God (e.g.
3 earthquakes, floods, etc.), extraordinary acts of third parties, or other
4 circumstances which are reasonably beyond the control of the Operator
5 delay or impair performance provided that the operator has not, through its
6 own actions or inactions, contributed to the delay. The extension oT time in
7 any case shall not be greater than the extent of the actual non-contributory
$ delay experienced by the Operator.
g Failure of the Operator to correot these deficiencies, except in those
1 0 circumstances cited above, may result in the City calling a hearing to
1 1 determine if penalties should be imposed upon the Operator or if a violation
12 of the Franchise has occurred in accordance with Section 30 Revocation for
13 Ca u of the Master Ordinance_
14 Such hearing shall be informal after prior reasonable written notice, and shall be
15 conducted by the City's Community Services Director in a way which provides the
16 operator with an opportunity to be heard prior to a finding by the City regarding
1 7 violation of the Franchise. The decision shall be in writing and include findings of fact
18 and conclusions.
19 The 0ity's decision shall be based upon a preponderance of the evidence
20 and only riubstantlal and eclerco ante 'dshall ba considered. The
21 operator shall have the right to seek de novo judicial review of any adverse finding
22 py filing a written notice of appeal with the Snohomish County Suparior Court within
23 twenty (20) calendar days of receipt of the written decision. If federal jurisdictional
ator may alternatively seek review of any federal question
24 standards are met, the Oper
25 in the Federal Court of the Western District of Washington within said twenty
26 (2o) day period. In the .event of an appeal, the prevailing party shall be entitled to
is
I to rectify such alleged improper condition. The Operator may request an
2 extension of time if construction or other performance is suspended or
3 delayed by the City, or where unusual weather, acts of God (e.g.
4 earthquakes, floods, etc.), extraordinary acts of third parties, or other
5 circumstances which are reasonably beyond the control of the Operator
6 delay or impair performance provided that the Operator has not, through its
7 own actions or inactions, contributed to the delay. The extension of time in
8 any case shall not be greater than the extent of the actual non-contributory
9 delay experienced by the Operator.
10 Failure of the Operator to correct these deficiencies, except in those
1 1 circumstances cited above, may result in the City calling a hearing to
12 determine if penalties should be imposed upon the Operator or if a violation
1 3 of the Franchise has occurred in accordance with Section 30 Revocation for
14 Cause of the Master Ordinance.
1 5 Such hearing shall be informal after prior reasonable written notice, and
16 shall be conducted by the City's Community Services Director in a way which
17 provides the Operator with an opportunity to be heard prior to a finding by the
18 City regarding violation of the Franchise. The decision shall be in writing and
19 include findings of fact and conclusions. The City's decision shall be based
20 upon a preponderance of the evidence and only substantial and confident
21 shall be considered. The Operator shall have the right to seek de novo
22 judicial review of any adverse finding by filing a written notice of appeal with
23 the Snohomish County Superior Court within twenty (20) calendar days of
24 receipt of the written decision. If federal jurisdictional standards are met, the
25 Operator may alternatively seek review of any federal question in the Federal
26 Court of the Western District of Washington within said twenty (20) day
18
I period. In the event of an appeal, the prevailing party shall be entitled to its
2 reasonable costs and attorney fees.
3 If a final determination is made that the Operator is in violation of the
4 Franchise, monetary penalties of five hundred dollars ($500.00) per day will
5 be imposed for each day beyond thirty (30) days that the Operator has not
6 fulfilled the requirement(s):
7 1. Failure to conform to customer service standards as required by,
8 Section 9: Customer Service.
9 2. Upgrade and features as required by Section 14: Future Provisions.
10 3. PEG access channel allocations as required by Section 18: Access
1 1 Channels.
12 4. Public access facilities as required by Section 19: Access
13 Cablecastis n�uipment
14 5. Provision of equipment and funds for educational access
15 cablecasting as required by Section 19: Access Cablecagft
16 Equipment
17 6. Provision of equipment and funds for government access
18 cablecasting as required by Section 19: Access Cablecastina
19 Equipment
20 7. Institutional network activation as required by Section 21:
21 Institutional Networks (I -Nets).
22 8. Coverage of existing and future annexed areas as required by
23 Section 23: Coverage.
24 Monetary penalties may be assessed retroactive to the date that
25 notification was provided to the Operator in such cases where the Operator
26 has been non -responsive in correcting the situation or in the case of flagrant
19
I violations. If payment of any of these penalties is delinquent by three (3)
2 months or more, the City may require partial or total forfeiture of performance
3 bond or other surety. These provisions benefit the City. All damage awards
4 or penalties shall be paid to the City. This section does not create a private
5 right of action for the benefit of subscribers.
6 Section 27: Performance Review Extension
7 Following the tenth (10th) year of operation under the new Franchise the
8 City and the Operator shall meet for the purpose of reviewing, and at the
9 option of either party, renegotiating all or any of the following items:
10 1. Review of whether the provisions for public educational and
1 1 governmental channels set forth in Section 18: Access Channels
12 adequately meets then current public need and necessity.
13 Negotiations may result in an increase/decrease or reallocation of
14 the access channels available.
15 2. Review of Section 14: Future Provisions B. Other Services, to
16 determine whether it continues to meet the goal of the Franchise as
17 set forth in said subparagraph B. Renegotiation may include
18 potential changes in the trigger mechanism in light of the then
19 current competitive environment.
20 3. Review of condition and status of the cablecasting equipment
21 provided pursuant to Section 19: Access Cablecasting Equipment,
22 by the Operator and maintained by the City to determine whether the
23 equipment should be upgraded to reflect the current state of
24 technology in the area and any obsolete equipment replaced. The
25 cost of new equipment as well as the source of funding shall be
26 subject to negotiation.
20
I Franchise to determine whether issues not grandfathered under the
2 existing Franchise have impaired the Franchise's ability to meet
3 current publio need and necessity or the operator's ability to meet
4 business competition and receive a reasonable return on its
5 investment in the system.
6 The parties shall use their best efforts to reach agreement_ Failure of the
7 parties to reach agreement on any item found by the City to negatively impact
8 public need and necessity may result in notification by the City of its intent to
9 commence the Franchise renewal process. In the event negotiation does not
l p result in agreement, the City and Operator agree that the City may initiate
11 such review in advance of federal guidelines_Provided�however,the
12 provisions of this Franchise shall continue in full farce and effect until the
13 expiration of the Franchise as provided in the Franchise Agreement or the
14 effective date of a new Franchise.
15 Section .-M. 1nsu
16 The operator shall, concurrently with the filing of an aoceptanoe of this
17 Franchise, furnish to the City and file with the City Clerk and at all times during
18 the existence of this franchise, maintain In full farce and effect, at its own coet
19 and expense, a general comprehensive liability insurance policy, for the
20 purpose of protecting the City and all persons against liability for loss or
21 damage. for personal injury, death and property damage, and errors or
22 omissions, occasioned by the operations of the Operator under this franchise,
23 such policy to provide minimum limits of One Million Dollars ($1,000,000.00)
24 for both personal injury and/or property damage.
25 The policies mentioned in the foregoing paragraph shall name the City as
26 additional insured and shall contain a provision that a written notice of
21
1 4. Review of the current state of federal regulation and its impact on the
2 Franchise to determine whether issues not grandfathered under the
3 existing Franchise have impaired the Franchise's ability to meet
4 current public need and necessity or the Operator's ability to meet
5 business competition and receive a reasonable return on its
6 investment in the system.
7 The parties shall use their best efforts to reach agreement. Failure of the
8 parties to reach agreement on any item found by the City to negatively impact
9 public need and necessity may result in notification by the City of its intent to
10 commence the franchise renewal process. In the event negotiation does not
1 1 result in agreement, the City and Operator agree that the City may initiate
12 such review in advance of federal guidelines provided. However, the
13 provisions of this Franchise shall continue in full force and effect until the
14 expiration of the Franchise as provided in the Franchise Agreement or the
15 effective date of a new Franchise.
16 Section 28: Insurance
17 The Operator shall, concurrently with the filing of an acceptance of this
18 Franchise, furnish to the City and file with the City Clerk and at all times during
19 the existence of this Franchise, maintain in full force and effect, at its own cost
20 and expense, a general comprehensive liability insurance policy, for the
21 purpose of protecting the City and all persons against liability for loss or
22 damage, for personal injury, death and property damage, and errors or
23 omissions, occasioned by the operations of the Operator under this franchise,
24 such policy to provide minimum limits of One Million Dollars ($1,000,000.00)
25 for both personal injury and/or property damage.
26
21
I The policies mentioned in the foregoing paragraph shall name the City as
2 additional insured and shall contain a provision that a written notice of
3 cancellation or reduction in coverage of said policy shall be delivered to the
4 City thirty (30) days in advance of the effective date thereof. If such insurance
5 is provided by a policy which also covers the Operator or any other entity or
6 person other than those above named, then such policy shall contain the
7 standard cross -liability endorsement.
8 Section 29: Independent Contractors.
9 This agreement shall not be construed to provide that the Operator is the
10 agent or legal representative of the City for any purpose whatsoever. The
1 1 Operator is not granted any express or implied right or authority to assume or
1 2 create any obligation or responsibility on behalf of or in the name of the City
1 3 or to bind the City in any manner whatsoever.
14 Section 30: Franchising Costs
1 5 The Operator shall reimburse the City for franchising costs at a sum not
16 to exceed Twenty -One Thousand Dollars ($21,000.00).
17 Section 31 : Entire Agreement.
18 This agreement, including the Master Cable Ordinance and exhibits that
19 are attached hereto and incorporated herein by reference represents all of
20 the covenants, promises, agreements, and conditions, both oral and written,
21 between the parties. However, the City reserves the right to waive any of
22 these sections without affecting the applicability of other sections not so
23 specifically waived. Waiver of any Franchise requirement or Ordinance
24 Sections by the City shall be in writing in order to be effective.
25
26
22
1 Section 32: Successors or Assigns.
2 This Franchise Agreement, including all addenda, and the City's Master
3 Cable Ordinance shall be binding to the Operator, its heirs, successors, and
4 assigns.
5 Section 33: Acceptance.
6 This grant of Franchise and its terms and provisions shall be accepted
7 by the Operator by the submission of a written instrument, executed and
8 sworn to by a corporate officer of the Operator before a Notary Public, and
9 filed with the City within thirty (30) days after the effective date of this
10 Franchise. Such instrument shall evidence the unconditional acceptance of
1 1 this Franchise and the promise to comply with and abide by all its lawful
12 provisions, terms and conditions.
13 Section 34: Effective Date.
14 This Ordinance shall take effect five (5) days from and after its passage
15 and publication, provided, however, the Franchise granted by this Ordinance
16 shall not become effective until the Operator files written acceptance thereof.
17 Section 35. Notice.
18 Written notices shall be deemed to have been duly served if delivered in
19 person to the individual or entity for whom it was intended, or if delivered at or
20 sent by registered or certified United States mail to the last business address
21 known to the party who gives the notice.
22 All notices and requests shall be addressed to the City of Edmonds and
23 the Operator as follows:
24
25 CITY: City Clerk OPERATOR: Edmonds Cable
26 City of Edmonds Company
27 505 Bell Street 2225 Coburg Road
28 Edmonds, WA 98020 Eugene OR 97401
23
FCC Customer Service Standards
Title 47 CFR, Part 76 (Cable Television Service), Subpart H (General
Operating Requirements) is amended as follows:
1. The authority citation for Part 76 is revised to read as follows:
AUTHORITY: Secs. 2, 3, 4, 301, 303, 307, 308. 309, 4€i Stat., as
amended, 1064, 1065, 1066, 1081. 1082, 1083, 1094, 1085, 1101; 47
U.S.C. Secs. 152, 153, 154. 301. 303. 307, 308 30% Sees. 612, 614-615,
623, 632 as amended, 106 Stat. 1460; 47 U.S.C. Secs. 532. $33, 535,
543, 552.
2. Section 76.309 will be added to the Commission's Rules and will read
as follows:
Section 76.309 Customer Service Obligations
(a) A cable franchise authority may enforce the customer service
standards set forth in section (c) of this rule against cable operators. The
franchise authority must provide affected cable operators ninety (90) days
written notice of its intent to enforce the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1) a franchising authority and a cable operator from agreeing to
customer service requirements that exceed the standards set forth in
section (c) of this rule;
(2) a franchising authority from enforcing, through the and of the
franchise term, pre-existing customer service. requirements that exceed
the standards set forth in section (c) at this rule and are contained in
current franchise agreements;
(3) any State or any franchising authority from enacting or
enforcing any consumer protection law, to the extent not Specifically
preempted herein; or
(4) the establishment or enforcement of any State or municipal law
or regulation concerning customer service that imposes. customer service
requirements that exceed, or address matters not addressed by, the
Standards set forth in section (c) of this rule.
(c) Effective July 1, 1993, a cable operator shall be subject to the
following customer service standards:
(1) Cable system office hours and telephone availability -
(A) The cable operator will maintain a local, toll -free or collect call
telephone access line which will be available to its subscribers 24 hours
a day, seven days a week.
(i) Trained company representatives will be available to respond to
customer telephone inquiries during normal business hours.
(it) Alter normal business hours, the access line may be answered
by a service or an automated response system, including an answering
machine. inquiries received after normal business hours must be
responded to by a trained company representative on the next business
day.
(B) Under normal operating conditions, telephone answer time by a
customer representative, including wait time, shall not exceed thirty (30)
seconds when the connection Is made. If the call needs to be transferred,
transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety (90) percent of the lime under normal operating
conditions, measured on a quarterly basis.
(C) The operator will not be required to acquire equipment or
perform surveys to measure compliance with the telephone answering
standards above unless an historical record of complaints Indicates a
clear failure to comply.
(D) Under normal operating conditions, the customer will receive a
busy signal less than three (3) percent of the time.
(E) Customer service center and bill payment locations will be
open at least during normal business hours and will be conveniently
located.
(2) Installations, outages and service calls- Under normal
operating conditions, each of the following four standards will be met no
less than ninety five (95) percent of the time measured on a quarterly
basis:
(A) Standard installations will be performed within seven (7)
business days after an order has been placed. `Standard' installations ar
those that are located up to 125 legit from the existing distribution system.
(f3) Excluding conditions beyond the control of the operator, the
cable Operator will begin working on 'service Interruptions" promptly and
in no event later than 24 hours after the interruption becomes known. The
cable operator must begin actions to correct other service problems the
next business day after notification of the service problem.
APPENDIX A
(C) The 'appointment window" alternatives for Installations, service
calls, and other installation activities will be either a specific time or, at
maximum, a four-hour time block during normal business hours. (The
operator may schedule service calls and other Installation activities
outside of normal business hours for the express convenience of the
customer.)
(D) An operator may not cancel an appointment with a customer
after the close of business on the business day prior to the scheduled
appointment.
(E) If a cable operator representative is running late for an
appointment with a customer and will not be able to keep the appointment
as scheduled, the customer will be contacted. The appointment will be
rescheduled, as necessary, at a time which is convenient for the
customer.
(3) Communications between cable operators and cable
subscribers -
(A) Notifications to subscribers-
(i) The cable operator shall provide written Information on each of
the following areas at the time of installation of service, at least annually
to all subscribers, and at any time upon request:
(i) products and services offered;
(ii) prices and options for programming and conditions of
subscription to programming and other services;
(iii) installation and service maintenance policies;
(iv) instructions on how to use the cable service;
(v) channel positions of programming carried on the system; and,
(vi) billing and complaint procedures, including the address and
telephone number of the local franchise authority's cable office.
(2) Customers will be notified of any changes In rates,
programming services or channel positions as soon as possible through
announcements on the cable system and in writing. Notice must be
given to subscribers a minimum of thirty (30) days in advance of such
changes It the change is within the control of the cable operator. In
addition, the cable operator shall notify subscribers thirty (30) days in
advance of any significant changes in the other information required by
the preceding paragraph.
(B) Billing-
(1) Hills will be clear, concise and understandable. Bills must be
fully itemized, with itemizations including, but not limited to, basic and
premium service charges and equipment charges. Bills will also clearly
delineate all activity during the billing period, including optional charges,
rebates and credits.
(ii) In case of a billing dispute, the cable operator must respond to
a written complaint from a subscriber within thirty (30) days.
(C) Refunds- Refund checks will be issued promptly, but no later
than either-
(i) the customer's next billing cycle following resolution of the
request or thirty (30) days, whichever is earlier, or
(ii) the return of the equipment supplied by the cable operator if
service is terminated.
(D) Credits- Credits for service will be Issued no later than the
customer's next billing cycle following the determination that a credit is
warranted.
(4) Definitions -
(A) Normal Business Hours- The term "normal business hours "
means those hours during which most similar businesses In the
community are open to serve customers. In all cases, 'normal business
hours' must Include some evening hours at least one night per week
and/or some weekend hours.
(B) Normal Operating Conditions- The term "normal operating
conditions" means those service conditions which are within the control
of the cable operator. Those conditions which are not within the control of
the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or
unusual weather conditions. Those conditions which gg ordinarily within
the control of the cable operator Include, but are not limited to, special
promotions, pay -per -view events, rate increases, regular peak or seasonal
demand perlods, and maintenance or upgrade of the cable system.
(C) Service Interruption- The term "service interruption" means the
loss of pictures or sound on one or more cable channels.
APPENDIX B
Government Access Cablecast Equipment
CAMERA SYSTEM
Model
City. Manufacturer Description No.
3 JVC
3 Chip CCD Camera
KY-F55
3 JVC
Lens
HZ-610MDU
3 JVC
Remote Control
RMLP 56U
1 JVC
Remote Control Cable
RMLP 56U
4 VAC
Equalizing DA
EGVBNDA
1 VAC
Rackmount for DA's
VBRM4
PANITILT SYSTEM
Model
Cam, ty Manufacturer Description No.
3 Daiwa -APT
Pan Tilt Head
3DCP2
3 ESI
Cable from Pan/Tilt Head to
Camera Lens
W2
3 ESI
15" BNC Cable from Pan/Tilt
Head to Camera
110-1 WB
1 ESI
Rackmount Controller Unit for:
Pan -Tilt -Zoom & Focus
170-4R
CONTROL ROOM AND EDITING
Model
Qtv Manufacturer Description No.
1 Panasonic
Video Switcher
WJMX-50
1 Panasonic
Character Generator
WJ-KB50
1 Panasonic
S-VHS Record Deck with RM
AG 7750H
1 Panasonic
S-VHS Source Deck with RM
AG 7750H
1 Panasonic
Edit Controller
AG A 770
2 JVC
9" Color Monitors
TM9U/RK9UM9
1 Panasonic
13" Color Monitor/Receiver
CTCT1383VY
1 Mackie
Audio Mixer
1202
1 Tascam
Audio Cassette Rec with RM
112MKII
1 Panasonic
3xB&W Monitor Bridge
WV-5203B
25
APPENDIX B
FIELD EQUIPMENT
Model
Qty. Manufacturer Description No,
1 Panasonic
S-VHS 2CCD Camcorder
AG-455U
4 Panasonic
Battery for AG-455U
AGBP212
1 Bogan
Tripod with Fluid Head
3140
1 Lowell
Ambi Light Kit
TO-95
2 Sony
Lavalier Mics
ECM-44B
1 Shure
Cardiod Mic
SM58-LC
1 Electrovoice
Omni Mic
635A
1 Shure
Mic Mixer
F42
PLAYBACK VCR's
Model
gy.. _Manufacturer Descri tion No.
Panasonic S-VHS VCP with SM AG 7150/EIP7350
Panasonic S-VHS VCR with SM AG 7350/EIP7350
Panasonic 13" Color Monitor/Receiver CT1384VY
AUTOMATED PLAYBACK EQUIPMENT (VMI)
Model
sty. Manufacturer Description No.
1 Leightronix PB Controller-16 VCRs, Int. Router,
Software, 386/40cpu, 13" RGB
Monitor Pro-8
2 Leightronix Interface for AG7150/7350 PRPA
CHARACTER GENERATOR
Amiga 4000 Computer
Infochannel Presentation Software Infochannel
(Miscellaneous cables will also be included.)
26
APPENDIX C
Educational Facilities
Chase Lake Elementary
21603 84th Avenue West
Edmonds Elementary
1215 Olympic Avenue
Maplewood/Special Education
20100 84th Avenue West
Seaview Elementary
8426 188th SW
Sherwood Elementary
22901 106th Avenue
Westgate Elementary
9601 220th SW
Woodway Elementary
9521 240th SW
Madrona School
9300 236th SW
Maplewood Parent Coop
8500 200th SW
Edmonds-Woodway High School
23200 100th Avenue West
27
APPENDIX D
Public Buildings
Executive Building Wastewater Treatment Plant
505 Bell Street 200 Second Avenue S.
Finance Building Fire Station No. 6
501 Bell Street 8505 Bowdoin Way
Public Safety/ Fire Station No. 10
Community Service Building 23009 88th Avenue West
250 Fifth Avenue North
Edmonds Financial Center Building & Parks Maintenance
121 Fifth Avenue North 600 Third Avenue S.
Old Public Works Building Yost Pool
200 Dayton Street 9535 Bowdoin Way
Public Works Facility Meadowdale Clubhouse
7110 210th Street SW 6801 North Meadowdale Road
Anderson Center South County Senior Center
700 Main Street 220 Railroad Avenue
Edmonds Public Library
650 Main Street
28
0006.900000
WSS/clb
04/28/99
RESOLUTION NO. 953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, CONDUCTING AN
EVALUATION OF EDMONDS CABLE COMPANY'S
TERMS OF FRANCHISE AND SYSTEM UPGRADE AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, questions have arisen regarding whether the Franchisee,
Edmonds Cable Company, has complied with the terms of its Franchise and completed
the upgrade of its system within the time permitted under Section 14 A of the Franchise
Agreement;
WHEREAS, Section 7 of the Franchise provides for review of the
technical performance of the system by an independent consultant upon ten (10) days
written notice to the Franchisee;
WHEREAS, the City Council deems it to be in the public interest to
review the system's compliance with the terms of the Franchise and to hold a public
hearing pursuant to Section 26 of the Franchise to determine whether a violation of the
Franchise has occurred and whether penalties should be levied pursuant to Section 14
and Section 26 of the Franchise;
THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to Section 7 of the Franchise, the Franchisee is
hereby notified of the City's intent to conduct a technical evaluation of the system to
determine Franchisee's compliance with the upgrade requirements of Section 14 A of
the Franchise, to commence ten (10) days after the date that a certified copy of this
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resolution is mailed to the Franchisee at the address shown at Section 35 of the
Franchise.
Section 2. The Mayor or her designee is authorized to engage an
independent consultant to conduct the technical evaluation and to report to the City
Council its conclusions on or before the hearing date established by paragraph 4 below,
providing a copy of its final report to the Franchisee.
Section3. The Franchisee is directed to fully and immediately comply
with the terms of the Franchise Agreement and its Section 14 A.
Section 4. A hearing is hereby set on , 1999, at 7:00 p.m.
at , Edmonds, Washington, to determine if the Franchisee
completed its obligations under Section 14 A of the Franchise in a timely manner and to
determine, in the event that the Franchisee is found to have violated the terms of the
Franchise, what penalty, if any, should be levied. Failure to comply with the terms of
Section 14 A could result in monetary penalties of Five Hundred Dollars per day for
each day beyond thirty (30) days that the Franchisee (Operator) has failed to fulfill such
requirements.
RESOLVED this 4`t' day of May, 1999.
APPROVED:
MAYOR, BARBARA S. FA -
ATTEST/AUTHENTICATED:
^CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 04/30/99
PASSED BY THE CITY COUNCIL- 05/04/99
RESOLUTION NO. 953
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