HomeMy WebLinkAboutReso - CC - 044-1981RESOLUTION NO. 81-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME, CALIFORNIA, ESTABLISHING RULES AND
REGULATIONS AND STANDARDS OF OPERATION FOR A NON-
EXCLUSIVE CABLE TELEVISION FRANCHISE TO BE GRANTED
TO CAPITAL CITIES PENINSULA CABLE, INC.
CITY OF BURLINGAME
WHEREAS, the Burlingame City Council is considering the
grantingofa non-exclusive franchise to Capital Cities Peninsula
Cable, Inc. to provide cable television services to residents and
institutions of Burlingame; and
WHEREAS, the Burlingame City Code Title 6
XXXXV5, Chapter 6.48, requires that Rules and Regulations and
Standards of Operation for cable television shall be established
by resolution as a part of the granting of a franchise;
NOW, THEREFORE, BE IT RESOLVED that the Rules and Regula-
tions and Standards of Operation set forth herein shall apply to
the franchise granted to Capital Cities Peninsula Cable, Inc.
upon acceptance of the franchise, to wit:
-SECTION 1. Rules and Regulations for Customer Service
Standards.
(a) Grantee shall utilize best efforts to establish,
operate and maintain a centrally located office in the City of
Burlingame within 60 days following franchise award.
(b) It shall be the right of all subscribers to receive
all available services insofar as their financial and other
obligations to the Grantee are honored. Neither the Council nor
the Grantee shall, as to rates, charges, service, service
facilities, rules, regulations, or in any other respect, make
or grant any preference or advantage to any person, nor subject
any person to prejudice or disadvantage.
(c) The cable television system shall be extended to
every new subdivision of the City, and the capacity to provide
cable television service shall be provided by Grantee during
the construction phase of every new subdivision. For purposes
of this paragraph, the capacity to provide cable television
service shall include the provision of conduit and other such
substructure necessary to make cable service available to sub-
division residents following completion of 60% of housing units
of each phase and within sixty (60) days after initial occupancy.
(d) There shall be no charge for service calls to sub-
scribers' home except as provided by Resolution No. 81- 45
adopting rates and charges.
(e) The loss or theft of a converter will incur a penalty
of $125.00 plus replacement cost to the .responsible subscriber
unless a police report has been filed. If a police report has
been filed, then the subscriber shall be charged only wholesale
replacement cost.
(f) In the event of service interruption or unresolved service
complaint not caused by subscriber, Grantee shall credit the
subscriber's account on a pro-rata basis to offset the monthly billing
charge for all outages, no matter what the cause, of over 72 tours.
(g) No polls or other two-way responses to subscriber
shall be conducted unless the program of which the poll is a
part shall contain explicit disclosure of the nature, purpose
and prospective use of the results of the poll. No commercial
or other use of information of subscriber viewing habits or
patterns may be made and no release of such information shall
be permitted without the prior consent of the City Council or
pursuant to rules and regulations duly adopted by the City.
(h) In the event that the Grantee elects to rebuild,
modify, or sell the system, or the Grantor revokes or fails to
renew the franchise, the Grantee shall do everything in its
power to ensure that all subscribers receive continuous, unin-
terrupted service regardless of the circumstances during the
lifetime of the franchise. In the event of system purchase by
the Grantor, or change of Grantee, the current Grantee shall
cooperate with the Grantor to operate the system for a temporary
period, in maintaining continuity of service to all subscribers.
Grantee shall be entitled to reasonable compensation for its
efforts in operating the system for such temporary period.
SECTION 2. Standards of operations: Programming.
•(a) The programming of the Basic TV, FM and Premium
(Pay TV) service shall be at minimum as proposed in Grantee's
franchise application with the following additions which are
resultant from Grantee's letter of commitment dated March 2,
1981, and Grantee's letter of April 28, 1981:
(1) WOR, New York
(2) Appalachian Community Service Network (ACSN)
(3) The Woman's Channel
(4) People That Love
(5) The English Channel
(6) CBS Cable
(7) National Christian Network .$NCN)
(8) American Educational Television Network (AETN)
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j.
(9) Public Service Satellite Consortium (PSSC)
(10) Front Row
(11) Home Theatre Network, with Simulsound
(12) Cinemax
(13) Bravo, with Simulsound
(14) Reuter's Financial Nevis
(15) USA Sports
(16) Alpha Repertory TV Service
This required programming, including that as proposed in Grantee's
franchise application, is subject to FCC Rules and Regulations
and availability of service; however, will be carried on a full-
time basis when available and permitted by FCC Rules and Regula-
tions, unless specifically approved by the City to the contrary.
(b) Any future change to the programming established by
this Resolution shall be subject to approval by the City Council.
At least once per year the Grantee shall provide all subscribers
with their monthly service statement, a complete descriptive
menu of possible programming and services, including area inde-
pendent stations and satellite carried stations and services
available to Grantee. The menu to be in the format of a mail -
back survey of the subscribers' programming preferences. The
results of the survey are to be provided the City Manager by the
Grantee with any proposed change(s) in programming to ac^.ommodate
subscribers' desired revisions as indicated by the results of the
survey. _---
(c) The Origination and Access channels carriage shall be
as proposed in the Grantee's franchise application with the
following additions which are in accordance with Grantee's letter
of commitment dated March 2, 1981:
(1) Religious Access Channel
(2) Library Channel
(d) The City will have the option to utilize, at no cost
to the City, one additional residential system full 6 MHz
forward channel and one full 6 MHz reverse channel when desired
for video, data, facsimile, and/or audio transmission in support
of City administration, public facilities and community services:
The City will. be responsible for the provision of all termination
and cable access equipments, i.e., modems, etc., for such
applications. -
(e) Additional services, e.g., Requestavision, Reuter's
IDR, etc., shall include as a minimum as proposed -in Grantee's
franchise application with the following additions which are
resultant from the Grantee's letter of commitment dated March 2,
1981:
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(1) Security services, i.e., burglar, fire, assault
and medical alert system for residences, institutions and
businesses. The system should be of comparable or greater
capacity and capability to that of the TOCOM III -A Central
Data System, and will be offered to residential, institu-
tional, and commercial subscribers no later than the time
of completion of system construction.
(2) Play Cable, when proven economically feasible
in other systems of comparable description.
(3) Energy management, when proven economically
feasible in other systems of comparable description.
(4) 87 text/data downstream channel (vertical
blanking interval) capacity and capability. A minimum_
of five channels of such service, if available, to be
provided not later than system construction completion,
utilizing TOCOM 55-Plus or equivalent state-of-the-art
equipment.
(5) Electronic interactive banking services, when
proven economically feasible in other systems of comparable
description.
These additional services are optional services and rates other
than those for Basic and Premium services are applicable.
P
(f) When demonstration is made by the survey, addressed
in Subparagraph (b) above, or other means that sixty percent
(60%) or more of Grantee's subscribers desire a modification
and/or addition to the cable television services, one for which
they have previously agreed to pay a sufficient amount of money
to Grantee to return Grantee's investment for the providing of
such service within a period not exceeding five (5) years, and
Grantee elects not to provide the modified or additional
service, the City may require Grantee to show cause why it
should not be required to modify and/or add to the service to
provide said service to the subscribers. Should Grantee not
be able to demonstrate that it could not financially and on a
technically viable basis modify and/or add to the service, the
City may require Grantee to provide such modification and/or
addition to the service.
(g) The access/origination studio shall be completed with
all equipment installed and fully operational by the time of
initial activation of the Grantee's cable plant. Grantee shall
maintain all studio equipment, including portable equipment,
in a fully operational status on a continuous basis, and to
technical standards requisite for quality performance.
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SECTION 3. Standards of operation: Technical.
(a) The cable system technical characteristics shall be a
minimum as proposed in Grantee's franchise application with the
following modifications which are resultant from Grantee's letter
of commitment dated March 2, 1981:
(1) The combined residential and institutional sub-
scriber network shall be a 400 MHz, dual cable system
capable of providing a minimum of 94 downstream and 21
upstream 6 hiHz video channels.
(2) Three earth stations for access to SATCOM I,
COMSTAR D-2 and WESTAR III satellites for satellite -
delivered programming.
(b)_ The Federal Communications Commission (FCC) Rules and
Regulations, Part 76, Subpart K (Technical Standards), shall
apply. However,, because of emphasis on interactive and other
innovative services, modifications of FCC standards, as presented
in the specifications herein, are considered necessary to meet
system design objectives. The following referenced specifica-
tions will also apply, unless exception is agreed upon between
the City and the Grantee.
a-
(1) Applicable City, County and State Codes and
`tordinances; _
(2) Applicable Utility Joint Attachment Practices;
(3) National Electrical Safety Code, NFPA.No. 70; *'
(4) Local Utility Code Requirements; t
(5) Local Right -of -Way Procedures;
(6) Grantee's franchise application proposal includ-
ing system construction, maintenance, inspection, and
testing procedures.
W Technical standards and parameters are to be
referenced to the mean temperature of the Bay area. The system
shall be designed to meet all specifications over a temperature
range of +500 F from the mean.
(d) The forward system shall be capable of carrying 94
Class I Television Channels, the full FM broadcast band and ade-
quate bandwidth for Pilot Carriers or such auxiliary signals as
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required for syst-in control. In the event _.,at future FCC
restrictions prohibit use of portions of the band (e.g., the
Aircraft Navigational frequencies from 108 to 120 MHz), a
reduction in channel capacity may be required, or modifications
made to the slope/gain control method to retain channel
capacity. The combined forward trunk and distribution system
will deliver signals to each and every customer's TV receiver
that will meet or exceed the following specifications at the
mean system temperature +500F, unless otherwise indicated.
This shall include the effects of drop cables, interior splits,
and any terminal equipment such as descramblers and set top
converters.
(1)
Peak to
Valley response, 54-400
MHz at unity gain
compensated for slope
4
dB
(2)
Peak to
Valley, any 6 MHz
Video Channel
+2.0 dB
(3)
Carrier
to Noise, 4 MHz bandwidth
40
dB
(4)
Cross -Modulation Ratio
52
dB,
(5)
Carrier
to Hum Ratio
40
dB
(6)
Carrier
to Compos�..te Triple Beat
55
dB
(7) Carrier to Discrete Triple Beat
(CKT Carriers) 58 dB
(8) Carrier to Second Order Beat 60 dB
(9) Chrominance-Luminance Delay
Distortion (All Channels) +150 ns
(10) Carrier to.Echo Ratio (greater
than 2 microseconds displacement) 40 dB
(111 Differential Gain 1.0 dB
(12) Differential Phase 3 degrees
(13) Customer Signal Levels --the signal
level delivered to the customer's TV
receiver, except as modified by peak valley 0 dBmV Min.
specifications
(14) Level Differential between
adjacent channels 3 dB Max.
(15) FM Levels shall be essentially
uniform and carried at approximately the
same level as the Channel 6 Sound Carrier
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(16) Sufficient isolation between
subscribers shall be provided to prevent 10 dB Min.
interference between terminal equipment
and other portions of the system.
(e) The dual -cable system shall have the capability of
providing and delivering return signals from each subscriber and
institutional (including all schools) tap to the extreme down-
stream end of any area in compliance with the above specifica-
tions. This capability shall include transmission of Color
video, Black and White video, and both low and high speed data,
whether analog or digital. Where applicable, the end of the
system specifications shall include the effects of any signal
reprocessing equipment necessary to achieve forward transmission.
(f) If necessary to prevent the. build-up of noise and
distortion products, the area shall be divided into sections and
sub -trunks run to a central hub within the area, prior to feeding
the interconnect system. When two or more such cables of the
same size are lashed to a common strand, they shall be distinctly
and permanently identified as to function. (Note: Equivalent
alternatives such as addressed taps or switches may also be
proposed.)
(g) Grantee provided subscriber entertainment system channel
converters shall have a minimum 54-channel capacity, digital type,
with internal decoding capability and internal A/B switches for
provision of in excess of 54 channels service when required.
(h) Grantee shall either install dual drops from the outset
of service installation, or provide the second of the dual drops
to any or all subscribers at no cost to the subscriber(s) if and
when the City, at its sole option using reasonable standards, so
directs to accommodate the activation of additional entertainment
channels, including•local origination and access channels, in
excess of the capacity (i.e., about 50 channels) of the initially
activated primarily entertainment cable of the dual cable system.
(i) Although the programming procedure of shared channel
usage for non -contrasting programming is encouraged to preclude
having numerous channels with large blank periods (i.e., infrequent
programming), it is an implicit obligation of the Grantee in
accepting the franchise award to activeIy foster development of
full usage of entertainment, access, and local origination channel
capacities, including readily activating additional channels as
necessary to fulfill this obligation.
(j) Technical specifications set forth in this Section are
intended to insure accommodation of possible multiple institutional
and residential interactive data information and cable communica-
tions applications, e.g., home management information retrievel
and educational services, as well as possibly significantly
expanded entertainment service offerings. Grantee shall make
additional channel space available including a third cable, as
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necessary, when any such institutional and/or interactive appli-
cation(s) and/or services are mutually determined by Grantor and
Grantee to be technically and economically feasible and to be
in the best interest of both parties so -as to accommodate City's
broadband communications needs for the full period of the
franchise. This caveat of mutual determination of economic
feasibility and best interest of both parties does not preempt,
override, or mitigate the sole option stipulation pertaining to
the no -cost installation of second drops as specified in sub-
paragraph (h) immediately above.
(k) Grantee may use above ground enclosures for active -
electronic devices in underground areas. Passive devices will be
placed in vaults except as otherwise directed by the City.
PASSED AND ADOPTED by the City Council of the City of
Burlingame, California, thisl5th day of June , 1981,
by the following votes:
AYES: COUNCILMEMBERS: AMSTRUP,BARTON,MANGINI,MARTIN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: CROSBY
ATTEST:
victor Mangini,: Mayor
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City Clerk