86-740 WHITE - CITV CLERK �
PINK - FINANCE G I TY OF SA I NT YA U L � Counci �/
CANARV - DEPARTMENT �� � Q 7�L./7J(
BIUE - MAVOR File �O. V� ` / / `�
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�� � r in�nce Ordina ce N O. �7���
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Presented �Z < �
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Referred To '� �� Committee: Date b ' � �v
Out of Committee By Date
An Ordinance a ending Ordinance No. 17 71 ,
entitled "An Ord ' nance granting a franchis to
Continental Cabl vision of Saint Paul, Inc., its
successors or as igns, to own and operate and
maintain a Cable ommunications System in S int
Paul , Minnesot , setting forth condit ons
accompanying the grant of the franchise, and
providing for the regulation and use of aid
system", adopted November 14, 1983.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Ordinance N . 17�171, adopted November 14, 1983, is
amended in Article I , Section 7 a. and b, so that he same shall
read as follows:
"SECTION 7 . TERM
a. The term of the franchise to be grant d by the City
pursuant to this ordin nce shall be for a period of fifteen (15)
years from and after t e effective dat�, excludin a� eriod of
time during which the com an is enjoined � a cour of competent
jurisdiction from erf rmin its obli:gations under the franchise.
COUNCILMEN Requested by Department of:
Yeas Nays
Drew
Nicosia [n Favor
Rettman
s�n.�nei A inst BY
Sonnen
Tedesco
Wilson
Form Approved by City Attor ey
Adopted by Council: Date
Certified Passed by Council Secretary BY q ' �t'�' S— �'3 ��°
By
Approved by Mayor: Date Approved by Mayor for Subm' sion to Council
By By
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�eel���ea� s�a��7a�ds a�� �� e�He� ��egesed aa+e�d�e�� :
8gex �l�e Ee�ga��r=s ����� s€ a �e�e�a� a�g��ea� eaT �l�e E���
sl�a�� eeas��e� a�d ae� pe� sa�d e�g�}ea��ea �� ae e��a�ee w��l�
�l�e �e��ew��� g�eee�l��et
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Ae � � eeT � e � d a g � b � � e l� ea � � r� � ea sa � d
agp��ea�}e� a�� �ke �e�e a� �e�e�� A� sa}d I�ea��ag �t�e Ee�ga��*
a�e7 e�ke� ���e�es�ed pa� �es ska�� �e a��e�eled a� e ge���a��� �e
g�eser�� e�a� e� w����e �es��x�e��*: A�e�� �l�e � e�s�s �e l�e
ee�s�ele�ed a� s�ek �ea�} � ska�� be �l�e €e��ew�ag+
{�}�eel���ea� de�e�eg�ea� a�d ge��e��a�ee e� ��e
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�ae�e�s �� dee�s �e�e�aaa ar�� �x���e Ee��as�!s eea��er� s: Eex�pa�►�
ska�� �esgead w��l��a �� ��� {3�} �1��*s �e Eet�se��!s �eq�es� �e�
add���e�a� ���e�x�a��e�:
W��k}� A��e�� {9�} a�s e� �ke p����e l�ea����� �l�e Ee�ae��
s�a��T eexs�ele���� �I�e a�e�e €ae�e�sT ��aa� s� e7e� a �eaewa�j
s�a�}�� ��s �ease�s �e� ��s �ee}s�ea �a �He �e��► e� a w����e�
�ese����e�:
��T �ased �gea Eex�p ��!s ge��e�x�a�ee ������ �ke ��ae�eH}se
�e��� �l�e �e�ewa� apg��ea��e�� �l�e E}��=s esa��a��ea l�e�ee€� �He
�e�ewa� �ege��� a�d �He g H��e kea��x� �ke Eet��e�� €� �is a
�e�ewa� s� ��e €�a�el��s w��k �ke 6e�ga�� �e be �� ��e g����e
���e�es�� �l�e� �l�e E��� � �* er��e� ���e a �eaeWa� t��de st�ek �e��s
a�d eexel���eas as ge�����ed 1�� 8�a�e a�� �ede�a� �aw: ��► s�el�
e�e��T �ke €�a�el��se x�a be �eaeWe� �e� a pe�}ed e€ t�e� �ess
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�ke� €}�e ��} �*ea�s � e�a �I�e �e��a� e�g��a��eA �a�e e€ �l�e
€�a�ek�se s�b�ee� �s �ke sa�e �e��s a�� eeael���e�s ae ee��a�aed
l�e�e�a e� er� s�ek ����e� �� e� ade7���eaa� �e��s aAd ea�}��e�s as
�a� be xe�e��a�ed ar�d ag ee� ��ea �� �ke E}�� at�el �H Ee�gaa�*:
l. During the 6 m nth Period which begins w ' th the 36th
month before expiration f the franchise, the cit s all commence
proceedings which aff rd the public in the fr nchise area
appropriate notice and rticipation for the ur ose of:
(a) identifying t e future cable-related communitY needs
and interests; and
(b) reviewin th Performance of the eom an under the
franchise durin the then current term.
2. Upon completion of proceedings under subsec ion 1 of this
section, and if it seeks renewal of the franchise the comPa�
may, on its own initiative or at the request of the cit , submit
a proposal for renewa . Such proposal must be filed in the
offices of cable commu ications and of the city c erk no later
than 10 days following the completion of roceedin s under subd.
1, which date shall be ecified � council resolut ' on.
Sub ' ect to the ovisions of Section 624 f the Cable
Communications PolicY Act of 1984, the proposal hall contain
such materials as the it m� require, including proposals for
an upgrade of the cable system.
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3. Durin the 4 m nth eP riod which begins on om letion of
proceeding under subsec ion 1 of this section, the ouncil shall
review and evaluate om ap ny's �erformance and its renewal
proposal. Exce t as oth rwise specifically rovided herein or in
the franchise ordinanc , such review and evaluation shall be
conducted in accordance ith the following rocedur s:
a. Once a renewa proposal has been filed, t e city clerk
shall �lace i u�on the next available it council
agenda.
b. The city council shall refer the proposal o committee.
c. At least 241 bu not more than 40 days afte referral to
committee, du in which time staff shall ave reviewed
and provided t e council with a written ev luation, the
committee shall consider the renewal �r �osal. Upon
staff re uest the committee chair may, t his or her
discretion, extend staff' s reporting de dline bY no
more than 10 d s.
d. No later than 3 months after completion o proceedings
under subsecti n 1 of this section, the co mittee shall
make a reco mendation to the full ouncil for
consideration �t the next scheduled counci meeting.
T—
e. Within 4 mon hs of completion of �roce dings under
subsection 1 o this section, the council shall either
renew the fra chise or issue a relimina assessment
that the franc ise should not be renewed.
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4. If the Ci� is ues a rp eliminar assessm nt that the
franchise should not be renewed, at the reguest of th comPa� or
on its own initiative, t e cit shall commence an ad inistrative
proceeding presided ov r � a hearing examiner to consider
whether
a. the com�any. as substantiallY compli d with the
material terms of the existin franchise and with
applicable law
b. the quality o the company's service, inc udin si nal
quality, res nse to consumer com laints and billing
practices, bu without regard to the mix quali_ty, or
level of cabl services or other services provided over
the system, h s been reasonable in light of communit
needs;
c. the company as the financial, legal, nd technical
ability to rovide the services, facilities, and
equipment as et forth in its proposal; a d
d. the company's proposal is reasonable to m et the future
cable-related com muni� needs and int rests, taking,
into account the cost of ineetin� such needs and
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interests.
In a� roceedin under this subsection, the comPany shall
be afforded adequate ublic notice. The com an and the cit
shall be afforded f ir opportunity for full articipation,
including the right to introduce evidence (incl din evidence
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related to issues raised in the proceeding under su section 1) ,
to require the production of evidence, and to uestio witnesses.
A transcript shall be ma e of an such proceeding.
At the completion ofla proceeding under this sub ection the
cit shall issue a wri ten decision �ranting or denyi_ng the
proposal for renewal ba ed upon the record of such Proceeding,
and transmit a co Y o such deeision to the eo pan� Such
decision shall state the reasons therefor.
A� denial of a �r osal for renewal shall be based on one
or more adverse findi �s made with res ect to the factors
described in (a) throu (d) of this subsection, u suant to the
record of the roceedin under this subsection. Th cit m� not
base a denial of rene �al on a failure to substan iall comply
with the material terms of this franchise unde (a) of this
subsection or on events considered under (b) of t is subsection
in an case in which a violation of this franchise or the events
considered under (b) o this subsection occur aft r December 31,
1984 unless the cit h s provided the comPany noti e and the
o��ortuni� to cure, or in an case in which it is documented
that the city has wai ed its ri ht to object, or as effectively
acquiesced.
5. For �ur�ose of this section, the t rm franchise
expiration means the date of the ex iration of he term of the
franchise as provided in this ordinance.
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6. Notwithstandin the provisions of subdi isions (a)
throu h (e) of subsecti n 3 of this section, the omPany m�
submit a proposal for th renewal of a franehise ur uant to this
subdivision at a� time and the ci� ma , after a fordin the
up blic adequate notice a d opportunity for comment, rant or deny
such proposal at a� ti e (including after roceedin s pursuant
to this section have co menced). The provisions o subsections
1 through 5 of this se tion shall not aPp1y to a decision to
rg ant or deny a ro osa under this subsection. Th denial of a
renewal pursuant to this subdivision shall not affeet action on a
renewal proposal that i submitted in accordance wi h subsections
1 through 5 of this sec ion.
7. upon the ranti of a renewal of a franchi e pursuant to
this section, the cit and the compa� shall submit to the
Commissioner of Comm rce documentation certif in that the
franchise and the roc ss followed conform to sta e law. While
the commissioner of Commerce is reviewin� certificate
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concernin� a franchi e renewal and durin a� eal of the
Commissioner's decis on the com�a� shall be permitted to
continue operation of the affected cable s�stem unless sooner
terminated in aceordan e with law.
8. In the event t e cit makes a final decisi n not to renew
the franchise, the com an shall have the statutor ep riod of 120
days after receiving otice of the final determi ation in which
to commence an actio . Durin such �eriod and u til a court of
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comQetent '�urisdiction h�s decided the matter and t e time for
appeal has elapsed, the f anchise shall remain in ful force and
effect, unless sooner ter �inated in accordance with 1 w.
9. I n the event the C i ty determ i nes �I�a� �ke e�gar�� l�as
�ae��e��+ee7 �asa�}s�ae�e��� T not to renew the franchi e, the City
may choose either to acq ire the System pursuant t Article I ,
Section 24 of this o dinance or to seek new ap licants in
accordance with the fran hising procedures then in f rce.
Should the City c oose not to acquire the System, but,
rather, to award a fran hise to a new applicant, the City shall
have the option to re uire the sale by the Com any and the
purchase by the new ranchisee of the System at its then
fair market value. In the event that the City de ermines that
the existing system is o be used by the new franch ' see, the City
shall direct in the ward of the franchise the sale by the
Company and the purcha e by the new franchisee of the system at
its then fair market v lue as an ongoing business oncern. Upon
exercising such option, the City shall proceed to obtain an
appraisal of the fair arket value of the system o be completed
within ninety (9Q!) day of the exercise of its op ion. No later
than sixty ( 60 ) days after completion of the
appraisal, the succes or company shall pay the C mpany the fair
market value of the s stem and, upon payment, sh 11 be entitled
to title and possession of the system. In the event that the
Com pany and the suc essor company cannot agre upon the fair
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market value of the system, they shall submit the dispute to
arbitration pursuant to th provisions of the Uniform Arbitration
Act, Minnesota Statutes Sections 572.418 - 572.30 , except the
parties shall each, with n fifteen (15) days of the notice of a
demand, appoint one ar itrator who is experienc d in cable
communications and not mployed by or in any manner affiliated
with either company. rbitrators shall each agr e upon the
selection of a third ar itrator, similarly qualified, within
f i f teen (15) days."
Section 2 .
That Ordinance No. 170171, adopted November 4, 1983, is
amended in Article I, S ction 13, so that the same hall read as
follows:
"SECTION 13 . RA E REGULATION
a. Pursuant to t. Paul City Charter Secti n 16.�13 , the
City shall regulate all rates and charges � �l�e e��e��
�e�x+���eel H� s�a�e a�� ede�a� �aw in conformi� wi h Section 623
of the Cable Communica ions Polic Act of 1984 and in accordance
with the procedures se forth in subsection c of th ' s section and
St. Paul Legislative C de Section 430.071.
b. The Company ay not amend or change such rates t�n�}� ��
ee�g�e�es s�s�e� ee�s ��e��e� e� �n��� �l��ee �3} ea�s ��ex� �l�e
e�€ee���e �a�e e€ � �s €�asel��se e����asee a�te e�agsee7T
wk�el�e�e� �e�}ed }s � �ge�:before January 1, 1987.
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c. An application f r an increase in the schedu e of rates
shall be filed in accorda ce with procedures established in St.
Paul Legislative Code Sec ion 430.071. The applicati n shall be
supported by statistica and other proof indicati g that the
existing rate is inade uate and unreasonable and that the
proposed increases there'n are required to enable th Company to
render service to fulfil its obligations under this chapter and
to derive a reas nable profit theref om . The
application shall also ' nclude a statement of facts, opinions,
substantiating documents and exhibits supportin the change
requested. The Company's petition for a rate increase shall
include the following financial reports which shal reflect the
operations of the Saint Paul system only:
(1) Balance sheet
(2) Income statem nt;
(3) Statement of sources and applications of funds;
(4) Detailed sup orting schedules of expens s, income,
assets, and ther items as may be requir d; and
(5) Statement of current and projected subs ribers and
penetration.
The Company shal answ er all City requests f r information.
The Company's a counting records applicab e to the cable
system shall be ava lable for inspection by e City at all
reasonable tim es. he City shall have access to records of
financial transactio s for the purpose of verify ng burden rates
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or other indirect costs ro-rated to the Saint Paul operation.
The documents listed abov shall include sufficient d tail and/or
footnotes as may be ne essary to provide the Cit with the
information needed to m ke accurate determination as to the
financial condition of he system. All financial statements
shall be certified as acc rate by an officer of the C mpany. The
Company shall bear the burden of demonstrating t e justness,
reasonableness and accur cy of the costs.
The Council shal consider the following factors in
approving or disapprovin the application:
(1) The ability o the Company to render sys em services
and to derive a reasona le profit therefrom under the existing
rate schedule and under the proposed rate schedule;
(2) The revenues and profits derived from sys em services;
(3) The efficienc of the Company;
(4) The guality o the service offered by the Company;
(5) The original ost of the system less depr ciation;
(6) A fair rate of return with respect t the cost of
borrowing and the rate of return on investments aving similar
risks to that of cable communications;
(7) The extent o which the Company has dhered to the
terms of this agreeme t;
(8) Fairness to ity residents, subscribers nd users;
(9) Capital ex enditures by the Compan in providing
updated technology an service to subscribers; an
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(1f�) Such other fact rs as Council may deem rele ant.
The Council will no consider any valuation based upon the
franchise right or the Co pany's goodwill. Neither he value of
the franchise nor the value of the Company's goodw ' ll shall be
amortized as an expense, or shall a return be paid o them.
�l�e Ee�xe�� ska�� ae� ee�s�de� a�� ees�s �a e��ae� w��k
ae��sa�}e� e� �l�e seeee�� s��se���e� �e�we�# eab�e �� agg�e��a� e�
��sag��e���g aA� agg�� a��ea �e� a �a�e }�e�eas a��e� �*ea�
s�� {6} e€ �ke e€�ee���* da�e e� �k}s e��}�a�see: ���l�e��e�eT
�The Council will not onsider any rate increase application
based, in whole or in part, on increased cable co munications
system value due to any type of transfer or sale.
Upon receipt of a equest for increases in rat s under this
section, the City shal have thirty (3P1) days wi hin which to
determine whether it wishes to review more fully t e request for
increases in accordance with the procedures for ra e studies and
hearings set out in St Paul Legislative Code Se tion 43�J.071.
In the event that the ouncil takes no action within thirty (30)
days, the Company may file in the Office of the ity Clerk and
the Office of Cable Com munications a new or mended rates
schedule which shall b effective and may be charg d on the tenth
(10th) day (or such la er date that the Company s all designate
on its filing) after its filing and shall cont nue in effect
until approved or den ed by Resolution or until eemed approved
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pursuant to the terms of this ordinance and the Cha ter, which
Charter requires a public hearing after proper notice.
Changes in rates tak 'ng place with or without Co ncil action
shall supersede the rat s set out in the ordinanc initially
setting forth rates after their effective date. Th City Clerk
shall prominently post a detailed listing of current rates.
Nothing herein or within this chapter shal limit the
authority of the City to regulate any rate when suc regulation
is not specifically pro ibited or preempted by fed ral or state
law or regulation."
Section 3.
That Ordinance No 174J71, adopted November 4, 1983, is
amended in Article I , S ction 19e. so that the same shall read as
follows:
"SECTION 19. INDE NIFICATION.
e. In the event t at the City awards any add ' tional cable
com munications franch se in any future franchise process to a
firm other than Compa y, then Company agrees that it will not
bring, nor cause to e brought, any action, uit or other
proceeding claiming da ages, or seeking any other elief against
City, its officials, o ficers, boards, commissions employees or
agents for any award of a franchise made in co formity with
EHag�e� �38 e� P4�s�ese a S�a�t��es a�el �l�e R��es e� �l�e P4�t��ese�a
6a��e Ee�+��r�}ea�}eas Bea�d:applicable state and fe eral law."
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ISection 4 .
That Ordinance No. 7�J71, adopted November 1 , 1983 , is -
amended in Article I, Sec ion 23a, so that the same s all read as
follows :
"SECTION 23. SALE R TRANSFER OF THE FRANCHI E; SALE OR
TRANSFER OF STOCK.
a. The franchise hall not be assigned or ransferred,
either in whole or in part, or leased, sublet, or ortgaged in
any manner, nor shall ti le thereto, either legal or equitable or
any right, interest or property therein, pass to or vest in any
person without the pri r written consent of the ity Council
which shall not be unrea onably withheld, and in co pliance with
the applicable �t��es � �l�e P4���ese�a EaH�e Ee ����ea��e�s
Bea�dstate law; provide�3, however, that no authori ation of the
Council shall be requ�red for any mortgage, pledge or other
encumbrance of this fr nchise ordinance or the Co pany's cable
system as security for financing purposes."
5ection 5.
That Ordinance N . 17071, adopted November 14 , 1983 , is
amended in Article I, ection 26, so that the same shall read as
follows:
"SECTION 26 . CER IFICATE OF CONFIRMATION
The franchise sh 11 cease to be of any force and effect if
the Company fails to btain when required by sta e law, rule or
regulation, either a regular certificate of c nfirmation or
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renewal of a certificate f confirmation from the Min esota Cable
Communications Board or its successor, provided, h wever, that
the Company may operate its cable communications syst m while the
procedure for renewal is under consideration by the oard: or its
successor.
Section 6.
That Ordinance No. 17071, adopted November 14, 1983, is
amended in Article II , Section 1 so that the same s all read as
follows:
"SECTION 1. CABLE COMMUNICATIONS REGULATORY OR INANCE.
The terms and condi ions of this franchise shall be subject
to and shall incorp ra�e the provisions of the Cable
Communications Regulator Ordinance, Saint Paul Legi lative Code,
Chapter 430 , es sa�� s�el�saaee e��s�s as e€ �l�eda�e e� aeleg��ea
e� �k�s ��aael��se e����a ee b�* �ke ee��e��as amende � Council
File No. - - unless the City and the C mpany agree
otherwise. Any conflict between provisions of th s franchise
ordinance and the regula ory ordinance shall be reso ved in favor
of the former."
Section 7 .
That Ordinance No. 17071, adopted November 4, 1983, is
amended in Article II , Section 3, so that the same hall read as
follows:
16
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. ��3��
"SECTION 3. COMPLIA CE WITH STATE AND FEDERAL L WS
���s�a�� �e P4�anese�a S�a���esT See��e�ts �38:g T S��e�: ���
aa�l �38���� �l��s ��ar�ek se e�e��aaaee sl�a�� �e s�H ' ee� �e �ke
���es e€ �l�e P4�a�ese�a Eab�e Ee��t�a�ea��er�s Bea d: 4 MCAR
Section 4.001-4.231 as s t forth in Exhibit 3 are s ecifically
adopted and incorporated herein by reference.
Notwithstanding an other provisions of this ranchise to
the contrary, the Com pa y shall at all times comply with all
state laws and rules re arding cable com municatio s not later
than one year after they ecome effective unless othe wise stated
and with all federal aws and regulations rega ding cable
communications as they b come effective. Provided, however, if
any such state or feder 1 law or regulation shall require the
Company to perform any ervice, or shall permit th Company to
perform any service, r shall prohibit the Company from
performing any service in conflict with the te ms of this
franchise or of any law r regulation of the City, hen as soon
as possible following kn wledge thereof, the Company shall notify
in writing the City Atto ney of the point of conflic believed to
exist between such regul tion or law and the laws o regulations
of the City or this fran hise.
If the City deter ines that a material provi ion of this
ordinance is affected b any subsequent action of he state or
federal government, the ity shall have the right o modify any
of the provisions here ' n to such reasonable exte t as may be
17
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� �����
necessary to carry out the full extent and purp se of this
agreement, provided such modifications do not place any greater
financial obligations on he Company than are require under this
ordinance. °
Section 8 .
That Ordinance No. 17071, adopted November 14, 1983, is
amended in Article II , S ction 11, so that the same s all read as
follows:
"SECTION 11. PEN LTIES
The franchise shal provide for the deposit o a letter of
credit to insure faithf 1 performance by the Compa y. For the
violation of any of the following provisions of th franchise,
penalties shall be char eable to the letter of cr dit and the
Company as follows:
(1 ) For failure to complete system cons ruction in
accordance with the con truction plan provided in he franchise
unless the City Council pecifically approves the de ay by motion
or resolution due to the occurrence of conditions beyond
Company's reasonable co trol , Company sHa�� ga� �g �e $��g8g:8g
�e� eaeH �a�� e� ga�� �ke�ee€T �ke �e��e�e�ey eeA� ' a�es: m� be
fined as follows:
(a) u� to $250.Rl0 per da� for the first 60 a s or part
thereof, the d ficienc continues;
(b) between 6�1 da s and 6 months, u� to $5H0. 0 per d� or
part thereof t e defieiency continues;
18
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� �7.���
(c) after 6 months, up to $1,0P1(� �er day or art thereof
the deficiency ontinues.
(2) For failure o provide data, document , reports,
information or to coop rate with City during an application
process or cable communication system review, Compa y shall pay
$541.00 per day for each day, or part thereof, t e violation
occurs or continues.
( 3) For failure to test , analyze and re ort on the
performance of the system following a request pur uant to the
franchise, the Company hall pay to the City $5Pl.41 per day for
each day, or part thereo , that such noncompliance c ntinues.
(4) Forty-five da�s following adoption of a resolution of
Council determining failure of Company to omply with
construction , operational , maintenance stand rds , or the
offering, Company shall pay to the City $20f�.00 per day for each
day, or part thereof, t at such noncom pliance conti ues.
(5) For initiati g or using a procedure o device for
procuring information or data from a subscribe 's terminal,
dwelling or business wi hout the prior valid author ' zation of the
affected subscriber as required by Section 430.�143, "Subscriber
Privacy", the Company hall pay $50.00 per day for each day, or
part thereof, the viola ion continues or occurs.
19
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' �73�a2
(6) For selling, pr viding or otherwise making vailable to
anyone any information a out subscribers obtained b monitoring
transmission of any type of signal from a subscribe 's terminal,
dwelling or place of b siness without the speci ic written
authorization of the su scriber as required by Section 430.4J44 ,
"Prohibit Compilation of Subscriber Lists for Sale", the Company
shall pay $5 ,4100.041 for each such violation. In a dition, the
total amount of funds pa d the Company for this info mation shall
be forfeited to the City by Company.
(7) For tapping, monitoring or for arrangi g to tap or
monitor , or permitting the tapping of any cable, ine, signal,
input device or subscr ber outlet or receiver fo any purpose
whatsoever without th� specific written authori ation of the
subscriber or pursuan to court order, the Comp ny shall pay
$10,00�1.00 per day for each day, or part thereof, he violation
occurs or continues.
(8) Each violatio of each provision shall b considered a
separate violation for which a separate penalty ca be imposed.
(9) Exclusive of the penalties set out bove in this
section, a violation f any provision of 5t. Pa 1 Legislative
Code Chapter 434! is y St. Paul Legislative Cod Section 1.05
deemed to be a misdem anor.
20
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(10) The rights rese ved by the City herein are in addition
to all other rights and emedies the City may have under this
franchise or any other law and are not intended to b exclusive."
ISection 9.
That Ordinance No. 17�71, adopted November 14 , 1983 , is
amended in Article II, 5 ction 12, so that the same hall read as
follows:
"SECTION 12 . ABAND NMENT OF SERVICE.
Company shall not bandon any cable communica ions service
or any portion thereo provided pursuant to th s agreement
without having given t ree (3) months' prior writ en notice to
the City. a�d �e �ke P4� �ese�a Eeb�e Eet�tt+���ea��er�s Bea��: The
Company shall not aband n any cable communications ervice or any
portions thereof with ut compensating the City for damages
resulting to it from uch abandonment. For pur oses of this
section, "service" shal� mean the aggregate cable ommunications
system.
5ection 1�.
That Ordinance N�. 17f�71, adopted November 14, 1983, is
amended in Article II , Section 1 e., f. and g. so that the same
shall read as follows:
"SECTION 1. SUBS RIBER NETWORK.
e. The Company hall make available for acc ss programming
purposes at least thi teen (13) downstream video hannels on the
Subscriber Network. At least one of the thirte n (13) channels
I
21
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. i�3y
shall be reserved for each of the following purposes :
educational access, government access, public access and leased
access.
Of the thirteen (1 ) channels, seven shall e reserved
exclusively for access program ming. On the oth r six (6) ,
channel time is to be shared between access, satellite and
broadcast programming as set forth in Section V of he Company's
application , with access program ming given p iority over
satellite delivered prog amming. Accordingly, where a scheduling
conflict arises, the ccess programming shall re-empt the
satellite or other non-broadcast programming unless the City and
the Company agree other ise.
The government acc�ss channel shall be admini tered solely
by the City. The leas d access channel shall be administered
solely by the Com pany Except as provided bove, access
channel time shall be dministered by �He Sa�r�� � �} Ee�������*
�eeess Ee�ge�a��eA �S� AE} aad�e� �ke 8a��� ga�� �s���t���e�a�
Aeeess Ee�ge�a��ea ��� �1E} Cable Access Saint Pau , Inc. (CASP)
or other designated aecess entit or in such other manner as the
City, in its sole disc etion, determines. Where t ere is shared
use of a channel, Comp ny shall administer non-access use of the
channel.
If any of the cha nels made available for access programming
purposes other than th public, ec3ucational, leas d, government,
and regional Channel 6 are not significantly u ed for access
22
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I
programming purposes, th�n the Company may request he right to
I
negotiate with the City � to reallocate such channel to be used
for other programming pu poses.
f. Rules and pr cedures governing use of all access
channels shall be devel�ped jointly and agreed upo by the City
and the Company prior to system activation. Sa d rules and
procedures shall comply with the Minnesota Cable C mmunications
Board's access requirem nts contained in 4 MCAR Section 4.204 as
such requirements ex st as of the effective ate of this
date of this Ordina ce. Any and all additional access
requirements adopted by the P4EEB state shall supe sede existing
requirements, as approp iate.
g. All program ing and/or information c rried on the
access channels, excep for the leased access cha nel, shall be
non- commercial in ature. As used herei , the term
"noncommercial" sha 1 mean that the progra ming and/or
information carried on the access channels shall be made
available free of cha ge to subscribers and/or u ers and shall
not include any advertising except such underwrit' ng credits as
may be allowed under t e aforementioned access rul s. No portion
of any access channel other than the leased acces channel shall
be leased, transferre or otherwise assigned by he City and/or
�l�e B�EAE aAd�e� S��A CASP or other designated a cess entit to
any third party for a y purpose without the Com any's written
consent. "
23
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� Section 11.
That Ordinance No. I17�71, adopted NOvember 14 , 1983, is
I
amended in Article III , �ection 2 d and e so that t e same shall
read as follows: I
"SECTION 2. INSTIT TIONAL NETWORK.
d. Fifty (5�) pe cent of the downstream nd upstream
channel capacity of the Institutional Network shal be reserved
for municipal and/or non profit uses as follows:
. Twenty (20) percent - City Department
. Fifteen (15) percent - Bg�AE a�d 6�E ECASP
or oth r designated access entity
. Ten (10) �percent - Independent 5choo District
� No. 625
. Five (5) percent - District Heating evelopment
Company
The channel capaci�y reserved for District Hea iing shall be
provided subject to Dis�rict Heating providing the ompany access
to its pipeline system.
e. The Instituti nal Network channel capacit reserved for
municipal and/or non profit uses shall be us d solely for
noncommercial purposes. No portion of the chann 1 capacity so
reserved shall be lease�d or otherwise assigned by he City and/or
�l�e B�EAET aad�e� �k� B��AETCA5P, or other des ' nated access
entity and/or the Scho�l District, and/or District Heating to any
third party for any purpose without the Com any's written
consent.
24
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` �7.��'�
Section 12.
That Ordinance No. 17071, adopted November 1 , 1983, is
amended in Article III , Section 4a, so that the sam shall read
as follows:
"SECTION 4 . INTERC NNECTION WITH NEIGHBORING C TV SYSTEMS.
a. Company shall lee�g�y w��l� ��e �t��e� aael �e���a��eas
es�a���sl�e� �� �l�e P4�ar� se�a Eab�e Ee�+����ea��eAS B a�d �EHag�e�
��T See�}eas 4:�bb �p�ea�l� 4:��g} aa� coopera e with any
interconnection corpor tion, regional interconnection authority
or city, county, state r federal regulatory agency which may be
hereafter established f r the purpose of regulatin , financing,
or otherwise providing for the interconnection of able systems
beyond the boundaries o the City."
Section 13.
That Ordinance N . 17P171, adopted November 14 , 1983 , is
amended in Article III , Sections 6d through k so that the same
shall read as follows:
"SECTION 6. COMM NITY PROGRAMMING, FACILIT ES, EQUIPMENT
AND SUPPORT.
d. Com pany sha 1 provide direct financial support of at
least ����-r���$20g,00 /year to �ke Ba�A� �a�� 6e x������ Aeeess
Ee�ge�a��e� �8�6AE}Cab e Access Saint Paul, Inc. (CASP) or other
access entit so desi natec3 � the Council. The nnual level of
financial support fo �l�e SgEAECASP or other de ignated access
entit shall increas in direct proportion to i creases in the
25
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I
Company's Basic Service subscriber rate. However, should �ke
8�6AECA5P or an other de i nated access entit ceas to perform
its primary function of de�*e�eg��� managing an promoting
com munity and institutional access programming, ompany may
request the right to n gotiate with the City to reallocate
financial support for �e 8�EA6CASP or an other designated
access entit to another access entity or to other able related
purposes for public bene�it. The City reserves the ight, at any
time, to request that c mpany reallocate financia support for
�He 8P6AECASP or an ot er designated access enti to another
access entity or to o her cable related purpose for public
benefit.
eT 8e�gaa� ska� g�e�a�e�e ���ee� �}�a�e}a� �p�e�� e� a�
�eas� $������g��ea� � �l�e Sa��� �a�� ��e���� �ee�a� Aeeess
6e��e�a��eA �SP�P,6}: ke aA��a� �e�e� e� €}aa�e� � sag�e�� �e�
�l�e B��AE ska�� ��e�eas �a ���ee� g�ege��}es �e �� �eases �A �ke
Eet�pa�Yas Bas}e Se��� e s�bse��l�e� �a�e: �Iewe� �T sl�e��el �ke
S��AE eease �e ge�€e� ��s ����a�� €��e��ea e€ e�e�e@}�� a►��
x�aAag��� }�s������ea � aeeess a�e� �����$a��ea � �l�e s�s�e�T
6e�a�ae�� x�ay �e��es� l�e ��gl�� �e ae�e��a�e w� k �l�e E��y �e
�ea��eea�e �}sa�e�a� st�g�e�� €e� �ke S��AE �e ae�He� aeeess
e�����r e� �e e�ke� e l��e �e�a�ed g+��geses €e� g�H��e �e�e�}�:
�ke e}��* �ese��es �l�e �����T a� a�y ���eT �e �eq�e � �l�a� Ee�gaa�
�ea��sea�e €}aar�e�a�l s�p�e�� €e� �l�e B��AE �e �e�fie� aeeess
ea���� e� �e e�l�e� ea��e �e�a�e� ���geses �e� g l���e He�e���:
26
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€_
e. Company shall provide additional acces operating
support including but not limited to st ff support;
training; tech ical assistance; promotiona assistance;
and repair and maintenance of equipment, s described
in Section VI f its application.
�_
f. Com pany shall rovide facilities, equipmen and support
for local or ' gination program ming as escribed in
Section VII o its application provided, owever, that
the Company r serves the right to substit te facilities
and/or equip ent of equivalent value t be used for
local originai�ion programming purposes.
k:
� All local rigination facilities a d equipment
described in Section VII of Company's app ication shall
be provided y the end of the constructi n period.
�:
h. Com pany shal maintain and repair all lo al origination
facilities a d equipment in good working condition.
3r
i . Channel 3 o the Subscriber Network sh 11 be reserved
for local rigination program ming urposes. The
channel , to be designated CITIVIS ON , shall be
I
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� 27
� � �'����-�s��'
' /73�
administered by Minnesota Public Radio as escribed in
Section VII of �the Company's application.
#:
Z An additional hannel on the Subscriber N twork shall
be reserved or "Cinemateque", a regi nal pay-tv
channel to be eveloped jointly by the Co pany; KTCA,
Twin Cities Pu lic Television; and Film-i -the-Cities,
as described in Section VII of th Company' s
application.
Section 14 .
That Ordinance No 17071, adopted November 4 , 1983, is
amended in Article IV, ection 5a so that the same shall read as
follows:
"SECTION 5. CONST UCTION AND TECHNICAL STANDA DS.
a. Compliance wi h Construction and Technica Standards
Company shall con truct, install, operate and maintain its
system in a manner consistent with all laws , ordinances,
construction standards, governmental requirements, FCC technical
standards, P4�at�ese�a E b�e Ee�x��ta�ea�}s�s Bea�el �e ��a��s�sstate
law, and detailed stan ards submitted by Company a d approved by
the City prior to acce tance of this franchise, w ich standards
are attached to this o dinance as Exhibit 8 and i corporated by
reference herein. In ddition, Company shall provide the City,
upon request, with a ritten report of the resul s of Company's
annual proof of perf rmance tests conducted p rsuant to FCC
28
WHITE - CITV CLERK 1
PINK - FINANCE CO flCll
CANARV - DEPARTMENT GITY OF SAINT PAUL FIl NO. �� ' ���
BI.UE - MqVOR
�
i .� ' •
O/ �n�nce Or inance N O. ,7�C►�
Presented By
Referred To Committee: Da e
Out of Committee By Da e
standards and requi ements. Company shall pr vide City with
credentials of perso or persons conducting said tests and shall
give the City adequat notice prior to the administration of said
tests to allow a rep esentative of the City to b present during
testing. All costs of testing shall be borne by Company. Where
special testing is r quired to determine the sou ce of technical
difficulties, the C mpany shall be liable fo all the costs
thereof. "
Section 15.
This ordinance hall take effect and be in force after the
public hearing presc ibed by law and 3(� days aft r its passage,
approval and publi ation , an� upon the Com any's written
acceptance thereof in a form to be approved by th City Attorney.
COUNCILMEN Requested by Department E:
Yeas Nays
Drew
Nicosia n Favor —
Rettman
Scheibel O
Sonnen gainst BY
Tedesco
W'��°� AUG 5 1986
Adopted by Council: Date Form Approved by City Att rney
Certified P C un '1 S t By ��� /v• G `'� Z 3 ���
By
Approved by� yor: Date AUG 6 — �986 Appro d by Mayor for Sub is n t Council
II 1 `
�
By - By
; �. L
PUBUSHEO A U G 6 1986 2 9
WHITE - CITV CLERK
PINK - FINANCE COUIIC 1
CANARV - DEPARTMENT CITY OF SAINT PALTL �� `��
BI.UE - MAVOR File NO.
, d •
indnce Ordin ce N O. �����
Presented By S �
Referred To Committee: Date
Out of Committee By Date
ACCEPTANCE
Company accept and hereby agrees to b bound by the
amendments to this fr nchise.
Dated
I
COUNC[LMEN Requested by Department f:
Yeas Nays
Drew
Nicosia �n Favor —
Rettman �
Scheibel gainst BY
Sonnen
Tedesco
Wilson
Form Approved by City At orney
Adopted by Council: Date
Certified Passed by Council Secretary By ��— �` QQ'�" ��`3 ��6
By I
Approved by Mayor: Date j Approved by Mayor for Su mission to Council
By I BY
i 30 .
� � � dla � ��
�73�a
•`'T' °• CITY OF SAINT PAUL
�~• ' � , OF ICE OF THE CITY An'ORNEY
� 2 i�.
O ,�^
' 111111'IIIII 1;
l"� ����� ����� ^° E WARD P. STARR, CITY ATTORNEY
,.,,, -
�0���'� 647 City Hall, Saint Paul,Minnesota 55102
GEORGE LATIMER 612-298-5121
MAYOR
May 23 , 1986 •-rf';��;�,;(!°';`°a.
l��l�'V�.$ '� .,�..
I�,�i KY � 3198�
COi��•lCil�fiEi�:BER KIiCI SUi�N�iv
M E M O R A N D U M
TO: Councilmember 'Kiki Sonnen
722 City Hall
FROM: Jane A. McPeal� ���;i,
Deputy City Attorney . ���
RE : Cable Franchis'e Ordinance
Enclosed for your signature and transmittal to the City Clerk
is a proposed ordinance amending the City' s fr chise ordinance
with Continental Cab�evision of St. Paul , Inc. I assume that
the ordinance will be referred to the Energy, Environment and
Utilities Committee. Within the next week I ill send you an
annotated copy for us� in Committee members ' disc ssion.
JAM: j r
Enc.
n �
` .. 1� �F .
Fi
.. � . _ :��;� �§-Q.��..�..r
I �
CITY OF SAINT PAUL
- OFP'ICE OF THE CITY COIINCIL `/ �` ���
.....i:::::.
!.`��°
, Date : June 26 , 1986
i
COMM;(TTEE RE POR
TO = Saint PQU!I City Councii
FROM � Committeie Oh ENERGY, UTILITIES & NVIRONMENT
C H A t R Co�Zncilmember Kiki Sonnen
Ordinance amending Ordinance No. 17071 , entitled "An Ordinance
granting a franchise to Continental Cablevision f Saint Paul, Inc. ,
its successors or as�igns, to own and operate an maintain a
Cable Communications' System in Saint Paul, Minne ota, setting
for�h conditions accompanying the grant of �he f anchise, and
providing for the re�ulation and use of said sys em, " adopted
November 14, 1983. �
At the June 25, � 1986 meeting of the Energy, Utilities
and Environment Committee, the committee va sed a
motion to recomrnend approval of above ordin nce.
I
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CTTY HALL 5c�EN'TH FLOOR S T PAUL, MINNESOTA �SIu1
j �.„
� C� � �
�
�����.__ ,, , CITY OF SAINT PAUL
• s DEPARTMENT OF FINANCE A D MANAGEMENT SERVICES
e , a
� ijii�i i�ii o
. ,
. �
'°�o,��,,.. LIN DA J.CAMP
GEORGE LATIMER Office of Cable Communications
MAYOR 901 Commerce Building
8 East 4th Street
Saint Paul,Minnesota 55101
(612)298-5095
� PIIBLIC NOTICE
,_..� �„ �:-� .r , i .
,
� �...�' t:.J .��, "r , .. . .. � �
.
. i ., , ' �,{��!C�}��.r , � ' : » f, f. .� ^: :,. .
_ , ` . , * . , . , ..
� . Public Hearing and final reading of amendments to f anchise
ordinance (#17071) befo�re the Saint Paul City Council, Tuesdaq,
August 5, 1986 at 10:00 a.m. in Council Chambers, 3 d floor of
City Hall. I
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NdTICE OF PUBLIC HEARING
,_
� -- _-
Notice is hereby qiven that the City Council of the City o St. Paul wi1.I -
hold a public hearing in 'the Council Chambers, 3rd floor 'ty Hall and :
Court House, �-�.���:�R��•�>���:5, °�986 0� the final eading o€
� amendments to Franchise Ordinance No. '17071 and to consid adoption of -
an Ordinance, 86-740, am�nding the franchise ordinance t Continental
Cablevision of St. Paul, Minnesota.
Dated July 11� 1986
. . . . . . � � � . . . . � 1� . .
Albert B. Olson � �_
City Clerk .
�. ;
_ . . .: i I� . . _ . . . ' . .'...�-.. .,.. . . �.
, . (July 19� 1986) _ . :
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