Appendix — Nor-West Cable Communications Partnership v. City of St. Paul
Supreme Court brief1991
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Text
In The
Supreme Court of the United States
October Term, 1991
&
-
NOR-WEST CABLE COMMUNICATIONS
PARTNERSHIP,
Petitioner,
vs.
CITY OF ST. PAUL and CONTINENTAL
CABLEVISION OF ST. PAUL, INC.,
Respondents.
Ly
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Petition For A Writ Of Certiorari
To The United States Court Of Appeals
For The Eighth Circuit
hy
4
APPENDIX - VOLUME II
OF PETITION FOR WRIT OF CERTIORARI
Lp
v
Haro_p R. FARROW
SoL ScCHILDHAUSE
Rosert M. BRAMSON
FARROW, SCHILDHAUSE & WILSON
2125 Oak Grove Road, Suite 120
P.O. Box 9383
Walnut Creek, CA 94598-9383
Tel.: 415-945-0200
Attorneys For Petitioner
COCKLE LAW BRIEF PRINTING CO., (800) 225-6964
OR CALL COLLECT (402) 342-283:
TABLE OF CONTENTS
FORK APPENDIX
PAGE
APPENDIX 1:
Court Of Appeals Opinion.......... Sects.
APPENDIX 2:
District Court’s Order For Judgment (Sept. 1,
i ee Nana hie Ca eee ee AT ee eatin .. App. 27
APPENDIX 3:
District Court’s Order Denying Motions
J.N.O.V. Etc. (FEB. 27, 1989) .. eee App. 39
APPENDIX 4:
Order Of Dec. 26, 1984 App. 54
APPENDIX 5:
Order Of May 10, 1985 App. 72
APPENDIX 6:
Order Of Dec. 1, 1986 . . .... App. 83
APPENDIX 7:
United States Constitution — Article III App. 86
APPENDIX 8:
United States Constitution First Amend
eee App. 88
APPENDIX 9:
Original Complaint App.
TABLE OF CONTENTS
FOR APPENDIX - CONTINUED
PAGE
APPENDIX 10:
Amended Complaint. ...../..5..4550e App. 104
APPENDIX 11:
Excerpts From Reporter’s Transcript .......... App. 126
APPENDIX 12:
the City's RFP .....4..550 5 eee App. 187
APPENDIX 13:
Letter From City’s Attorneys............... App. 404
APPENDIX 14:
Nor-West’s Application .......... issn Sa
APPENDIX 15:
Clerk’s Notice...... 6 YN a boa a ee App. 427
APPENDIX 16:
Letters From Nor-West............... .... App. 429
APPENDIX 17:
Indemnification Agreements. ............... App. 433
APPENDIX 18:
Excerpts From Magistrate’s Order Of August 13,
br et App. 443
APPENDIX 19:
Order Of Feb. 19,1987... . App. 445
TABLE OF CONTENTS
FOR APPENDIX - CONTINUED
PAGE
APPENDIX 20:
SS | App. 447
APPENDIX 21:
Letter From Continental’s | ae App. 449
APPENDIX 22:
Excerpts From Reporter’s Transcript Of Feb. 19,
Ne ek ada vbowees App. 453
APPENDIX 23:
Beaervwes promt ifial Briel .................. App. 456
APPENDIX 24:
Excerpts From Reporter’s Transcript Of June 2,
Ot App. 462
APPENDIX 25:
Excerpts From Reporter’s Transcript Of June 3,
Ge App. 468
APPENDIX 26:
Excerpts From Reporter’s Transcript Of June 6,
Nee ye ae bs as . App. 486
APPENDIX 27:
Letter From Continental — Plaintiff's Exhibit
ES App. 496
APPENDIX 28:
a OD S| App.
497
Providing Cable Communications Services
App. 187
APPENDIX 12
The City’s RFP
PLAINTIFF’S EXHIBIT 162
CITY OF ST. PAUL, MINNESOTA
Request for Proposals
to the City of St. Paul, Minnesota
NOVEMBER 1, 1982
Prepared by: Kalba Bowen Associates, Inc.
12 Arrow Street
Cambridge, Massachusetts 02138
(617) 661-2624
REQUEST FOR PROPOSALS
CITY OF ST. PAUL, MINNESOTA
Table of Contents
1.0 INTRODUCTION
1.1
ee |
a
ed
Invitation to Applicants
Proposal Requirements and
Desired Services
Legal Qualifications
Character Qualifications
Ownership and Control of the System
Compensation to the City
Initial Coverage and Line
Extension Policy
System Design
Underground Requirements
Regional Interconnection
Emergency Override
Parental Control Devices
Page
App. 188
1.13 Subscriber Program Services 14
1.14 Local Origination Programming
and Services 16
1.15 Community Access Programming 16
1.16 Home Interactive Service 21
1.17 Use of Local Resources 22
1.18 Subscriber Rates and
Tiered Service Structure 23
1.19 Institutional Network Service 24
1.20 Municipal Government Services 26
1.21. Financial Plan 28
2.0 INSTRUCTIONS TO APPLICANTS 30
2.1 Form of Proposals 31
2.2 Clarification of Proposal Documents 31
2.3. Amendment to Proposal 32
2.4 Uniform Data Requirement 33
2.5 Standards of Ethical Conduct 33
2.6 Franchise Selection Procedure ~~ 34
2.7. +Evaluation Criteria and Priorities 36
2.8 Franchise Schedule 38
10 INTRODUCTION
The purpose of this Request for Proposals (RFP) is to
seek qualified applicants to provide cable communica-
tions service to the citizens of the City of St. Paul, Minne-
sota. This RFP contains information and instructions
relating to the preparation and filing of proposals; condi-
tions and provisions regarding the installation, operation
and maintenance of a cable communications system; and
the procedure to be used in evaluating applicant pro-
posals.
App. 189
1.1 Invitation to Applicants
The City of St. Paul (City) hereby invites qualified
applicants to submit proposals for a 15-year, non-exclu-
sive cable communications franchise, in accordance with
the applicable rules and requirements of the Federal
Communications Commission and the State of Minnesota.
The City of St. Paul is seeking proposals from com-
panies committed to the provision of high quality televi-
sion and communications services over a state-of-the-art
broadband cable system. The City recognizes that the
economic future of the cable industry is in the wider field
of telecommunications. Applicants are, therefore, asked
to make a commitment to a total communications net-
work, designed to extend beyond the delivery of pro-
gramming and entertainment services. This network
should have the capacity to provide a broad range of
telecommunications and information services, extending
maximum benefits to the citizens, institutions, and busi-
nesses in the City of St. Paul. Applicants are also encour-
aged to substantiate their proposals by presenting
evidence which supports any offers of service or facili-
ties.
1.2 Proposal Requirements and Desired Services
In preparing this RFP, the City has recognized the
value of allowing applicants to develop creative
approaches to meeting the communications needs of local
subscribers, community organizations, institutions and
businesses. Applicants, therefore, have been given sub-
stantial latitude in developing their own innovative pro-
posals for cable communications services. The City has,
App. 190
however, established a limited number of minimum
requirements and specifications related to the cable com-
munications franchise.
The following is a summary of the City’s minimum
requirements and system specifications, which requires
applicants to:
* disclose fully the ownership and control of the
cable system;
avoid the practice of “rent-a-citizen” in the
cable franchising process;
pay an initial franchise fee of five (5) percent
on all gross annual receipts;
make cable available to all homes within the
City of St. Paul within three years of the fran-
chise award;
propose a cable system with the initial capac-
ity for a minimum of 72 downstream and 8
upstream channels for residential subscriber
services;
provide the capability to receive signals from
all communications satellites originating cable
program services;
as nearly as possible, allow for narrowcasting
to the 17 Citizen Participation Planning Dis-
tricts designated by the City;
provide two-way interactive and computer
communications capability upon full system
activation;
provide, at cost, an antenna cable switch upon
subscriber request;
provide a separate institutional network;
set high standards for technical performance;
App. 191
present a plan for regional interconnection;
include emergency alert capability;
provide the capability to lock-out any and all
programming deemed unsuitable for minors;
carry all VHF and UHF “must carry” signals
as defined by the FCC television signals;
provide a local uplink facility(s) to distribute
programs and services by communication sat-
ellite to serve the needs of St. Paul residents,
institutions, and businesses.
offer a broad range of cable audio services;
present a detailed plan for local origination
programming and services;
submit detailed information regarding plans
to use local resources;
propose a comprehensive plan for access,
including allocation of channels beyond those
required by State law, facilities, equipment,
and staff;
in addition to the above, propose a minimum
funding of $100,000 per year to the St. Paul
Community Access Corp. and the St. Paul
Institutional Access Corp.;
allocate a minimum of one upstream and
downstream 6 Mhz channel on the subscriber
network for computer communications;
provide free drops to the institutional network
for selected municipal buildings, City offices, |
and schools designated by the City, and listed
in Appendix B in this RFP;
establish uniform rates for the installation and
monthly charge for all individual residential
subscriber services;
is
App. 192
submit a marketing plan including examples
of subscriber contracts and marketing mate-
rials;
propose an initial period of rate stability dur-
ing which no rate increase will be imple-
mented;
provide a detailed financial pro forma; and,
present evidence and supporting documenta-
tion which demonstrate that they have the
financial capability to perform in accordance
with the ordinance and this RFP.
The City has also requested that applicants provide
certain services and facilities which are of particular
interest to the subscribers, institutions and/or businesses
of St. Paul. These requests should not be interpreted as
requirements, however, unless specifically stated.
Applicants are encouraged to provide the following
services and facilities requested by the City:
* system-wide status monitoring capability;
place local television stations on cable chan-
nels which correspond to their broadcast
channels;
a diversity of programming and entertainment
services, including distant broadcast signals,
automated text channels and satellite deliv-
ered services;
a varied choice of premium service options,
including programming on a pay-per-view
basis;
a variety of cable audio service options on all
service tiers;
App. 193
programming which will meet the needs of a
broad range of special interest groups identi-
fied by the City, such as minorities, senior
citizens, women, the handicapped, children,
etc;
use existing local facilities and resources in
the development of the cable system;
propose increased installation fees to accom-
modate unusual circumstances, such as the
need for drop cables longer than 200 feet,
based on the actual cost of installation;
present creative plans for the orderly intro-
duction of interactive cable services;
propose a “universal service tier” without a
monthly charge; -
propose discounts on installation and/or
monthly fees where heads of households are
senior citizens on fixed incomes, handicapped,
or economically disadvantaged, as defined by
the City;
specify which institutions will be provided a
free drop, beyond those included in the City’s
minimum requirements;
propose a set of cable communications ser-
vices to increase the overall efficiency and
cost-effectiveness of government agencies;
and,
conduct a needs assessment of community
organizations, non-commercial institutions,
local business, and designated representatives
of City departments.
The City of St. Paul fully expects to enter into a firm
agreement with the successful applicant for the timely
delivery of all elements in the applicant’s proposal. All
items being offered by applicants are considered to be
App. 194
freely and voluntarily offered, and will be included in the
franchise agreement and subject to the enforcement pro-
visions stated therein.
1.3 Legal Qualifications
Evidence shall be presented assuring the City that
the applicant complies with any applicable rules and
regulations of the FCC, State of Minnesota, and the City
of St. Paul regarding ownership and control of regulated
licenses, permits or franchises. Specifically, applicants
should demonstrate that they are in compliance with the
rules of the Minnesota Cable Communications Board
regarding the cable franchising process. In addition,
applicants should present evidence of compliance with
the City’s policies regarding the registration of cable lob-
byists, and City Council resolutions regarding contact
with City officials and employees.
1.4 Character Qualifications
Evidence shall be presented by the applicant as to
whether or not the applicant or any principal has ever
been convicted or is being charged now or during the
course of the franchising in a criminal proceeding where
felonies or misdemeanors were charged. Evidence shall
be presented as to whether the applicant or any principal
has ever been party to a civil proceeding in which it was
held there were unfair or anticompetitive business prac-
tices, antitrust violations, violations of securities laws,
and false/misleading advertisements.
a
App. 195
1.5 Ownership and Control of the System
The City encourages applicants to consider creative
approaches to structuring the ownership and control of
the cable communications system. Applicants are encour-
aged to propose ownership structures which would allow
for the maximum involvement of and financial benefit to
the residents of St. Paul. The City has established a
number of specific objectives in seeking alternatives to
traditional private sector ownership of their cable com-
munications system. These objectives are:
* to distribute more equitably the financial
rewards of operating the cable system beyond
the stockholders of a private.cable company;
to allow the City to directly benefit from the
financial success of the local cable system;
to increase the level of control the City can
exercise over the franchisee; and,
to reduce the cost of capital for the system and
potentially reduce subscriber rates, by allow-
ing the City to use its ability to raise debt
funds (for example by issuing revenue bonds).
The City is familiar with many current and past
proposals regarding ownership and financing alterna-
tives. Applicants are encouraged to present a plan pro-
viding some form of participation in the ownership of the
system, either as full equity owners or partners in the
entire system or in the ownership, management and con-
trol of a specific aspect of the system, for any of the
following entitles:
* private, local corporations (with special
emphasis on minority-owned companies);
App. 196
selected private individual investors (with
special emphasis on minorities);
existing private, non-profit institutions;
the City itself, or a designated City entity;
the public, in the form of a stock offering;
the subscribers of the cable system (in the
form of a cooperative).
At a minimum, applicants are required to describe
and disclose fully those aspects of their proposal related
to the ownership and control of the cable system. Appli-
cants are also required to provide detailed information
disclosing all agreements and understandings with any
persons, shareholders, firms, groups, corporations or
associations which have a financial interest in the appli-
cant.
The City specifically seeks to prevent the practice of
“rent-a-citizen” in the cable franchising process, where
local citizens, organizations, or institutions are solicited
to participate in the ownership of a company applying for
the franchise without having to invest an amount equal to
the equity received.
Therefore, applications will not be accepted if they
contain any of the following elements;
* the percentage of stock held by local investors
is greater than the actual percentage of dollars
(or dollar value of services) actually invested
or to be invested);
* local investors have received loans from the
cable company with which to purchase stock;
* the applicant or parent company guarantees
local investors little or no financial risk;
App. 197
* the interests of local investors can be bought
out readily at a guaranteed price.
1.6 Compensation to the City
The City has established an initial franchise fee of
five (5) percent on all gross annual receipts. Applicants
should clearly indicate whether they will be willing to
support an effort by the City to obtain a waiver of the
franchise fee limits required by the Federal Communica-
tions Commission (FCC). To eliminate this fee from
becoming a bid item, the City will not consider any fee
that is different from five (5) percent, or lump-sum cash
contributions other than the schedule for the prepayment
of fees specified in the Cable Communications Regulatory
Ordinance.
The City is also interested in exploring other forms of
compensation, beyond the franchise fee. Applicants are
encouraged to be creative in proposing innovative
approaches for the City to generate revenues as a result
of cable development in St. Paul. The City is not, how-
ever, interested in obtaining revenue at the expense of
subscribers, institutions, and businesses, or through
means which could jeopardize the ability of the cable
system to maximize its potential.
The following approaches to compensation should be
considered by applicants in developing their proposals:
* the allocation of channels to the City which
could be leased to third parties who wish to
offer programming or communications ser-
vices;
* the allocation of cable system capacity without
charge to allow the City to offer services to
App. 198
third party customers, such as those who wish
to purchase time-sharing use of the City’s cen-
tral computer;
compensation to the City to cover the cost of
playing a role in the delivery of certain cable
communications services. For example, the
City could develop a local “public database”
to be offered for use by subscribers. The City
could, therefore, be compensated as would
any third party provider for an information
service;
The allocation of a percentage of the profits
generated by the franchisee above and beyond
those projected in the pro forma business plan
included in this franchise application;
A provision which would allocate a percent-
age of the ownership of the cable communica-
tions system to the City or a City-designated
entity, or which would allow the City tc pur-
chase a percentage of the ownership of the
cable system.
1.7 Initial Coverage and Line Extension Policy
The grantee will be required by the City to initially
make cable available to all homes within the City of St.
Paul. This is a minimum standard which all applicants
must meet.
Applicants are required to propose a plan which will
complete the construction of both the subscriber and the
institutional networks within three years of the franchse
award. The City places a high priority on having a con-
struction plan that is non-discriminatory. That is, in so far
as it is technically feasible, early service should be avail-
able to households of all income levels. A detailed map of
App. 199
the City is included as Appendix A in the application
forms.
1.8 System Design
The City seeks a modern, efficient, and cost-effective
cable communications system which will facilitate quality
maintenance practices, deliver a variety of marketable
services, and provide the flexibility needed to adjust to
new developments in technology, programming and ser-
vices.
The City requires that the cable system have the
initial capacity to provide a minimum of 72 downstream
and 8 upstream channels for residential subscriber ser-
vices. To ensure the full utilization of these channels,
applicants are required to provide the capability to
receive signals from all communications satellites origi-
nating cable program services.
In addition, applicants are required to provide a local
uplink facility to distribute programs and services by
communication satellite with sufficient capacity to serve
the needs of St. Paul residents, institutions, and busi-
nesses. We encourage this uplink facility be placed within
the system. The City requires that the system be designed
to allow for narrowcasting to special-interest and geo-
graphically defined groups of subscribers. Ata minimum,
as nearly as possible, the system should allow for nar-
rowcasting to the 17 Citizen Participation Planning Dis-
tricts designated by the City. Applicants are invited to
exceed these minimum requirements.
App. 200
Applicants are required to provide a separate, dedi-
cated institutional network, designed to accommodate a
wide range of services of interest to municipal depart-
ments, local institutions and businesses.
Applicants are also required to provide two-way,
interactive and computer communications capability on
both the institutional and subscriber networks upon full
system activation. The proposed system should be
designed to accommodate point-to-point, point-to-multi-
point, and multi-point data communications on both the
institutional and subscriber networks upon system acti-
vation. The residential subscriber network should include
a “shared-used data network”, designed to accommodate
data speeds up to 19.2 Kbps for computer communica-
tions. The system design should be able to accommodate
all simultaneous users.
Applicants are required to set high standards of tech-
nical performance which meet or exceed current FCC
requirements, and that conform with FAA criteria related
to RF interference. Applicants are encouraged to propose
system-wide status monitoring capability to allow for
immediate response to technical problems and system
outages.
1.9 Underground Requirements
Cables should be installed underground at the
grantee’s cost where all existing utilities are already
underground. In future underground installations, all
cables shall be installed underground and the franchisee
shall bear a pro-rata share of costs.
App. 201
1.10 Regional Interconnection
Interconnection of origination, access and/or institu-
tional channels with all other cable systems in adjacent
areas is a priority for the City. The State of Minnesota
requires that all cable systems in the 7-county metro-
politan area reserve VHF channel 6 for a regional inter-
connection channel. Applicants are encouraged to exceed
this minimum requirement for interconnection with other
cable systems in the metropolitan area. Applicants are
required to present a plan describing how such intercon-
nection would be accomplished.
1.11 Emergency Override
The cable communication system shall include an
Emergency Alert capability. This capability should permit
audio and visual override on all channels and FM signals
simultaneously, in the case of public emergencies.
Authority to override the system shall be designated by
the City. Applicants shall designate a video channel to be
used for emergency broadcasts. Such designation shall
also be included in the franchise agreement.
1.12 Parental Control Devices
The City requires that applicants provide subscribers
the capability to lock-out any and all programming they
deem unsuitable for minors. The applicant’s plan for
fulfilling this requirement should be presented in the
franchise proposal.
App. 202
1.13 Subscriber Program Services
Applicants are encouraged to be creative in their
proposals for “basic” programming to meet the variety of
interests represented in the community. Applicants are
required to carry all local VHF and RHF “must carry”
signals as defined by the FCC. The City requests that
local television stations be carried on cable channels
which correspond to their broadcast channels, as far as it
is technically feasible. Applicants will be required to pro
vide an antenna cable switch upon subscriber request.
Applicants should also offer a diversity of program.
ming and entertainment services, including distant
broadcast signals and satellite-delivered services on their
basic cable package. Applicants are encouraged to pro-
vide a varied choice of premium service options, includ
ing programming on a pay-per-view basis. Subscribers
should also be offered services such as automated text
channels, which provide news, sports, financial, and
other information. Text channels should also include the
display of local information such as calendars of events,
announcements, Classified advertising, etc.
The City reserves the right to require the franchisee
to dedicate up to 4 video channels for the transmission of
newly developed telecommunications services such as
LPTV, DBS, or other services which become available
after the franchise is awarded.
Applicants are required to offer a broad range of
cable audio services. Applicants are encouraged to
include all local FM and AM radio stations, and a variety
of satellite audio services, shortwave, and local non-
broadcast audio services. The City encourages applicants
App. 203
to make cable audio service options available to sub
scribers of all tiers.
Applicants are encouraged to provide programming
which will meet the needs cf a broad range of special
interest groups identified by the City, such as minorities,
senior citizens, women, the handicapped, children, etc. In
preparing their programming proposals, applicants are
encouraged to review the position papers submitted to
the City by a broad range of special interest groups. In
addition, applicants are encouraged to conduct their own
ascertainment studfes in preparing their programming
plans f
1.14 Local Origination Programming and Services
The City requires that applicants present a detailed
plan for local origination programming and services,
including information specifying channel allocations,
estimated programming hours, production facilities, staff,
and other resources committed to local origination pro
gram produftion
1.15 Community Access Programming
The City is strongly committed to the concept of
community access to the system and seeks applicants
who are willing to form a working partnership with the
community to foster use of the system by local organiza
tions and institutions. The City intends to create two non
profit corporations — the St. Paul Community Access Cor
poration (SPCAC) and the St. Paul Institutional Access
App. 204
Corporation (SPIAC) - to play a primary role in adminis-
tering access to the cable system. Though the two corpo-
rations will each have a different specific focus, they both
will have the same basic functions. These include, but are
not limited to, the following:
™»
conduct initial and on-going needs assess-
ments;
allocate bandwidth, facilities, equipment,
staffing, and funding;
develop and conduct public information, edu-
cation, and training programs related to com-
- munity/institutional uses of cable;
facilitate the exchange of information and
sharing of communication resources for com-
munity/institutional uses of the system;
develop and budget funding sources and reve-
nues;
work in conjunction with the cable operator to
schedule and implement use of the system;
serve in an advisory capacity to the franchisee
for development of job descriptions for access
staff, determining equipment, ascertaining
community needs, etc.
It should be noted that it is not the intent of the City
that all institutional uses of the cable system be chan-
neled through the St. Paul Institutional Access Corpora-
tion. Rather, the goal is to provide a way of administering
any video, audio, or text resources that are allocated to
stimulate institutional uses of the system. Likewise, the
St. Paul Community Access Corporation is designed to
focus on the same types of applications. The City does,
eae ee
App. 205
however, acknowledge that the communication environ-
ment is changing rapidly and that the two access corpora-
tions may wish to change the scope of their activities in
the future. The City asks applicants to remain open to
explore other types of community uses of the system with
the two corporations over the course of the franchise.
The City recognizes that the terms “institution” and
“community” can be interpreted in many different ways.
To facilitate the allocation of resources and the establish-
ment of the corporations, the City has adopted the fol
lowing guidelines covering the composition of each
corporation. Participants in the Institutional Access Cor-
poration shall include: public or private non- profit educa-
tional institutions, for-profit and non-profit health
institutions (hospitals, clinics, etc.), libraries or library
councils not operated by the City. These must be located
within the City of St. Paul or must provide an important
service to a significant portion of St. Paul residents. Local
governments and businesses are not included.
Participants in the Community Access Corporation
shall include: neighborhood organizations, religious orga
nizations, special interest groups such as women’s and
minority organizations, the handicapped and hearing
impaired, cultural organizations and entities, social ser-
vice agencies, unions, individual residents of St. Paul,
and other St. Paul organizations that would not be eligi-
ble to participate in the Institutional Corporation. Local
governments and businesses are not included.
Applicants are required to make significant ongoing
commitments to community access programming. The
App. 206
City has adopted the following guidelines for access
offerings:
* applicants are required to provide the chan-
nels mandated by State cable law (one chan-
nel each for public access, government
access, educational access, leased access, and
regional channel 6).
applicants are required to propose additional
channels to meet community needs. Some
should be allocated to the SPCAC and some
to the SPIAC. The block of institutional chan-
nels should include channels on the sub-
scriber and institutional network.
applicants are required to propose facilities,
equipment, staff and operating budgets (that
include equipment maintenance), as pre-
scribed in State cable law, based on commu-
nity needs assessments. Some of these
facilities and/or equipment should be for
priority use by institutions and some for pri-
ority use by the community.
at least one of the access facilities must be
equipped to accommodate the handicapped
and hearing impaired.
applicants are encouraged to place access
channels on lower cost tiers of service in so
far as possible.
any access facility that is established must
meet the following criteria:
a) must have flexible operating hours,
including week-day, evenings, and week-
ends.
b) adequate parking facilities.
c) with security.
App. 207
d) reasonably accessible to public transpor-
tation.
applicants are encouraged to propose a range
of equipment and facilities such as:
a) studios to accommodate different types
of uses and users.
b) audio production and video production
equipment/ facilities.
c) portable video units as well as studio
equipment.
d) cablecasting and editing facilities with
time base correctors to synchronize
equipment.
e) a pool of modulators, character genera-
tors, and keyboards dedicated to access
users.
f) provide access to, at reasonable rates,
any new technology that becomes avail-
able such as digital special effects, gener-
ators, and computer editing equipment.
applicants are required to propose funding to
support community uses of the system in
addition to the basic access resources
required above, with $100,000 as a yearly
minimum. These funds wil! be administered
by teh two access corporations, and appli-
cants should specify an amount for each.
Proposals for community and institutional access
should demonstrate an understanding of local needs and
desires arrived at through comprehensive needs assess-
ments. A broad range of local non-profit institutions and
organizations have submitted position papers to the City
describing their needs regarding access to the cable sys-
tem. Applicants are encouraged to review these and other
App. 208
materials. The City does, however, wish to avoid the
approach where-by local organizations are offered funds
or facilities for the purpose of influencing the award of
the franchise. Instead, the City will endeavor to evaluate
a company’s overall commitment to the development of
local programming within the context of the total pro-
posal.
Applicants should also propose a policy as to when,
how, and under what circumstances additional channels
will be allocated for community access use. Expansion of
the number of community access channels should be
facilitated by an automatic trigger mechanism whereby
an additional channel(s) could be made available after a
specific percentage of time (i.e., during a portion of a
day), is used for programming.
The City reserves the right to negotiate the final
details-of the access plan with the successful applicant, so
long as the terms do not impose any new financial
requirements on the applicant.
1.16 Home Interactive Service
The City invites applicants to be creative in their
plans for the orderly introduction of interactive cable
services. The City is particularly interested in keyboard
activated systems and related computers and databases.
This refers to both local information retrieval (public
databases and private school closings, etc.), home bank-
ing and shopping, electronic mail, and access to regional
and national/international information services. Appli-
cants are aiso invited to propose more typical services,
such as security and medical alert systems.
eT
App. 209
The proposed home interactive services should even-
tually be self-supporting and not subsidized by or depen-
dent upon basic subscriber revenues. However, we
realize that these services may have to be subsidized for
an initial development period. The applicant’s discussion
of the home interactive services should include a descrip-
tion of the marketing and development effort necessary
to achieve independent financial status. Any proposal for
a security service must include a separate schedule of
rates for installation and monthly service, separate from
the rates for basic and pay cable services.
The City has placed a priority on the use of cable
system for computer communications services. Appli-
cants are, therefore, required to describe fully their plans
for the interconnection of home computers on the sub
scriber network. In addition to the technical requirements
related to system design (described in Section 1.8), the
City requires that applicants allocated a minimum of one
upstream and downstream 6 Mhz channel on the sub
scriber network for computer communications. Hearing
impaired individuals should have priority access to this
bandwidth. In addition, applicants are encouraged to
provide units to interface with home terminals that have
RS232 and/or RS449 or equivalent inputs to accommo-
date home computer users.
1.17 Use of Local Resources
Applicants are encouraged to consider the use of
existing local resources in the development of their plans
for cable communications services. For example, the use
of existing local production facilities and talent should be
App. 210
considered in preparing plans for community access and
local origination programming. A yariety of possible
arrangements should be considered, including the lease
and upgrade of existing facilities, contracts with existing
production facilities for the development of a specific
amount or type of programming, and/or the purchase of
programming from local independent producers and
other local sources. The City also encourages applicants
to consider the involvement of local institutions and busi-
nesses in their plans to develop advanced cable commu-
nications services, both as service providers and in terms
of research and development. At a minimum, applicants
are required to submit detailed information regarding
their plans to use local resources, facilities, staff, and
production capability.
1.18 Subscriber Rates and Tiered Service Structure
The City requires that there be uniform rates
throughout the City for the installation and monthly
charge for all individual residential subscriber services.
These rates should be fully disclosed in the applicant’s
proposal. Applicants may, however, propose different
rates to accommodate “bulk users” provided policies and
proposed rates are specified in their proposal. Applicants
are encouraged to propose a “universal service tier”
which would provide subscribers with a minimum
number of access, community programming, and infor-
mation channels without a monthly charge. Any pro-
posed universal service should, at a minimum, provide
the four access channels required, and other program
services of interest to special audiences (minorities,
senior citizens, women, the handicapped, children, etc.).
App. 211
This universal teir of service should be designed to mini-
mize subsidization from other subscriber tiers, and
reduce the cost of installation by avoiding the use of
costly equipment.
Applicants are also invited to propose discounts on
either installation or monthly fees where heads of house-
holds are senior citizens on fixed incomes, handicapped,
or economically disadvantaged, as defined by the City.
The City encourages applicants to propose increased
installation fees to accommodate unusual circumstances,
such as the need for drop cables longer than 200 feet
These rates should also be fully disclosed, and should be
based on the actual cost of installation. Applicants may
also propose reasonable charges for regular service calls
or relocation. Applicants are required to submit a market-
ing plan in their franchise proposal, including examples
of subscriber contracts and marketing materials.
Applicants are encouraged to propose an initial
period of rate stability during which no rate increase will
be implemented. At a minimum, rates will remain stable
during the proposed construciion period, and applicants
are encouraged to exceed this minimum requirement.
Any modification of subscriber rates proposed after the
initial period of rate stability will follow the procedure
described in the Cable Communications Regulatory Ordi-
nance, including a specific response period from the City,
full documentation from the franchisee, a public hearing,
and City access to franchisee financial records.
App. 212
1.19 Institutional Network Service
Applicants are required to propose a separate, bi-
directional institutional cable network to be developed
simultaneously with the subscriber network. As a mini-
mum requirement, applicants shall provide free drops to
the institutional network for selected municipal buildings
and City offices, including public school buildings, public
libraries, fire stations, and police stations. These sites
have been designated by the City and listed in Appendix
B of this RFP. Applicants should also specify which insti-
tutions will be provided a free drop, beyond those
included in the City’s minimum requirements.
The City regards an advanted institutional cable com-
munications network to be a socially and economically
desirable resource. The proposed system should have the
capability to carry two-way video (wide-band and slow-
scan), audio and voice services, text information, and
data communications services. The system should be
capable of selective interconnection among institutions
and with the subscriber network. Provisions should also
be made to protect the privacy of data and information
transmitted on the system.
The institutional network should eventually be self-
supporting and not subsidized by or dependent upon
residential subscriber revenues. However, we realize that
such a network must be subsidized for an initial develop-
ment period. The applicant’s discussion of the institu-
tional network should include a description of the
marketing and development effort necessary to achieve
independent financial status.
App. 213
In this context, applicants are requested to provide a
comprehensive management and operational plan for the
institutional network, with specific emphasis upon
achieving maximum public benefits over the life of the
franchise. Public benefits may be defined to include any
cost-effective benefits that are expected to accrue to pub-
lic agencies, businesses, institutions, or residents of the
City. The plan should cover the activities of public and
private users of the system as well as the activities of the
franchise.
Applicants are encouraged to perform an ascertain-
ment of needs for all prospective users of the institutional
network. Such users could include municipal depart-
ments, hospitals, health care centers, private businesses,
public and private schools, cultural institutions, and any
other institution(s) the applicant feels could benefit from
use of the institutional network. A variety of position
papers have been submitted to the City by a broad range
of potential users of the institutional network. Applicants
should find these documents to be helpful in formulating
their proposals. Applicants should provide a list of insti-
tutions which have participated in their needs assessment
activities, and a description of how the network will be
organized and designed to accommodate their needs.
1.20 Municipal Government Services
The City has placed a high priority on the develop-
ment of cable communications services which will con-
tribute to the overall efficiency and cost-effectiveness of
City and other government services. A Citywide Cable
App. 214
Task Force has been appointed by the Mayor to investi-
gate the applications of cable technology to City govern-
ment operations and staff activities. This Task Force has
prepared a report on the municipal uses of cable televi-
sion. This report should provide applicants with funda-
mental information and recommendations regarding the
City’s use of the cable system.
Applicants are encouraged to supplement this infor-
mation by conducting their own assessments of the City’s
communications needs. The City Council has recently
adopted a resolution regarding contact between appli-
cants and City employees. These procedures should be
followed in conducting needs assessments of City gov-
ernment departments. The needs of other government
agencies should also be assessed in this context, and the
City has not adopted any policies regarding applicant
communication with other government officials.
The City is interested in the use of the subscriber
network to distribute information to the public, in both
alphanumeric and full video formats. Applicants are
required to provide a minimum of one upstream and one
downstream video channel on both the subscriber and
institutional networks for government access. The City
encourages applicants to exceed this minimum require-
ment, and present an overall plan for municipal govern-
ment use of the cable system. This plan should include
channel allocations, access to production facilities, staff
and financial support required for the City to obtain
maximum benefits from the development of cable com-
munications in St. Paul.
App. 215
The City is also interested in playing a significant
role in the development of public service applications of
home interactive services, especially those which may
effect the functioning of City departments (such as police,
fire, emergency medical, water, electric, etc.). Applicants
are encouraged to present plans to initiate pilot projects
and other activities to involve the City in the cost-effec-
tive delivery of these services.
The City intends to administer its own channels and
cable resources rather than participating in the institu-
tional access corporation. Any channels designated for
City use should not be considered part of the institutional
or community block of channels.
The institutional network plan should also include
provisions for municipal and other government telecom
munications services including voice and data communi-
cation. Applicants should specify the bandwidth and
facilities which will be allocated to municipal and gov-
ernment use, as well as the terms and rates for municipal
telecommunications services. The emphasis here should
be on cost-effective applications of institutional network
services which will result in cost savings for the City.
1.21 Financial Plan
An important feature of the application involves
demonstration of financial capability to perform in accor-
dance with the ordinance and this RFP. Failure provide
the detailed financial pro forma requested may be inter-
preted by the City as evidence that the applicant is not
properly qualified to receive a grant of the franchise.
App. 216
For purposes of the financial pro forma, Year 1 begins
on the date of MCCB Certification. Further, an average
annual inflation rate of 7 percent shall be used by all
applicants in preparing financial projections.
The pro forma data submitted should include plans
and terms for debt and equity participation, terms of
local ownership participation (if any), financial goals as
well as financial projections and assumptions. Tiered ser-
vice structure, if offered, must be reflected in the disag-
gregated revenue projections. Adequate documentation
of the applicant’s assumptions and processes must be
provided so that a fair analysis can be made of the
projections. The depreciation schedule and expense
should be the same as the depreciation method that the
applicant intends to use for tax purposes.
Applicants should present evidence of financial
resources that assure the company’s ability to complete
the entire initial service area within the construction
period specified in the application. The applicant should
clearly distinguish between sources of financing that are
confirmed and those that are merely potential, providing
supporting documentation (letters, agreements, etc.) for
commitments that should be considered firm.
The rates initially proposed by the applicant must be
substantiated in the pro forma statements by use of realis-
tic levels of penetration. As noted above, applicants
should provide adequate documentation of the assump-
tions and methods used in deriving these figures. To
assure the City that the initial rates proposed are real-
istically calculated to meet the applicants’ financial goals,
initial rates should be guaranteed until the applicant has
App. 217
completed all construction (as indicated by the applicant
on Form XIII-C) or for three years, whichever period of
time is longer. Applicants should, however, include any
anticipated rate increases in the pro forma projections.
2.0 INSTRUCTIONS TO APPLICANTS
All prospective applicants who plan to apply for the
St. Paul cable franchise are required to submit a registra-
tion form, which can be obtained from the City’s Cable
Communications Officer. Applications will not be
accepted from companies who have failed to register with
the City at least 30 days before applications are due.
One record copy of the applicant’s proposal must be
received by the City at the following address by 2:00
p-m., February 1, 1983:
Mr. Al Olson, City Clerk
Room 386 City Hall
St. Paul, MN 55102
Within 24 hours of filing a record copy of their pro-
posal, applicants are required to submit forty (40) copies
of their application, packaged in individual boxes, and
100 copies of the summary. Applicant proposals must be
notarized, and may be filed in person or by registered
mail. Applications must be accompanied by a non-return-
able fee of $10,000 (in the form of a certified check made
payable to the City of St. Paul) to cover the costs or
processing and evaluating the applications. In addition,
the successful applicant will be required to reimburse the
City for any and all costs expended by the City relating to
cable communications franchising subsequent to May 31,
1982, not covered by the application fees, including, but
App. 218
not limited to, any cost incurred by the City in its study
of cable communications, preparation of proposal docu-
ments, solicitation and evaluation of all applications, and
processing of the franchise agreement.
2.1 Form of Proposals
All proposals must be on the official forms provided
by the City. The application forms have been designed to
furnish all pertinent data that will be used by the City in
making its evaluation. Specific instructions for each form
are included on the form. Adequate space has been pro-
vided for specific and succinct answers to all questions
and requests for data. All applicants must use only the
pages on the official application forms (or extensions cf
these pages if, for example, more room is needed to list
equipment or provide manufacturer’s specifications).
Alternative proposal forms are neither desired nor will
they be considered. Any attempt to merely use the official
form as an “index” to voluminous “boilerplate” may
disqualify the applicant from consideration. The official
forms have been designed to facilitate comparison of
proposals. Evasive, imprecise, or incomplete responses
can only serve to the disadvantage of the applicant.
The City of St. Paul reserves the right to extend the
deadline for all applications or reject any and all applica-
tions, if necessary.
2.2 Clarification of Proposal Documents
If any applicant is unsure about any terms, condi-
tions, or provisions of these specifications or the meaning
App. 219
or interpretation thereof, the a pplicant may request infor
mation or clarification thereon by submitting such
requests In writing to:
Mr. kdward Starr
City Attorney
City Hall
St. Paul, MN 55102
Such requests for information must be submitted no later
than thirty (30) days prior to the deadline for filing
applications. The City attorney will respond in writing to
such requests as promptly as possible. Such responses
shall be sent to all known applicants who have been
supplied applications. No other interpretation by any
other person, whether oral, written or in other form, shall
be binding upon the City.
In submitting an application, the applicant shall have
evidenced the fact that it agrees that it has no
unanswered questions with respect to these specifica
tions, and shall have no basis for withdrawal or modifica
tion of its proposal on the basis of misunderstanding
2.3 Amendment to Proposal]
Substantive amendments to proposals will not be
considered except to acknowledge involuntary changes,
such as a change in ownership due to death. Correction
of inadvertent errors submitted prior to the filing dead-
line will be considered. Correction of errors submitted
after the filing date may be considered at the discretion of
the City or its consultant, if the applicant submits with its
correction sufficient information to prove that the error
was inadvertent. Additional information or data may be
App. 220
requested by the City or its consultant if, in their judg-
ment, it would aid in the preparation of a fair and
accurate analysis of the proposal.
2.4 Uniform Data Requirement
The City has compiled information with respect to
dwelling units, housing density, demographics, and
aerial/underground utilities, provided in Appendix C of
this document. For consistency, applicants are required to
use this information as the basis for all pro forma projec-
tions and system construction plans.
2.5 Standards of Ethical Conduct
The City Council has adopted two formal resolutions
establishing rules governing contact between applicants,
City officials, and City employees. These guidelines have
been established to assure complete fairness and honesty
to the citizens of St. Paul and the cable industry in
connection with the awarding of any cable franchise and
further to assure all concerned that there will be a com-
plete public record of all proceedings relating to any such
contact. The applicant should recognize that these guide-
lines are binding, and that failure to adhere to these
procedures may, at the City’s option, result in a rejection
of the proposal submitted by the applicant.
2.6 Franchisee Selection Procedure
The authority to grant a cable television franchise in
the City of St. Paul resides with the City Council. The
City has appointed a Citywide Task Force on Cable TV to
App. 221
evaluate those aspects of the proposals relating to munic-
ipal uses of the Cable system. While the Task Force will
make recommendations regarding the applications, the
final selection of a franchisee will be made by a vote of
the City Council.
The City of St. Paul has also retained the services of
Kalba Bowen Associates, Inc., to conduct an independent
evaluation of the proposals submitted by each of the
applicants responding to the RFP. Kalba Bowen will begin
with a preliminary examination of each proposal in order
to assess each applicants’ ability to construct and operate
a system that will best serve the needs and desires of the
residents and institutions of the City of St. Paul.
The preliminary assessment of each proposal submit-
ted will be completed approximately 30 days after the
proposals are due. A separate report will be prepared
regarding each applicant, including a list of specific ques-
tions which will be prepared to be responded to in writ-
ing by each of the applicants. A complete set of
preliminary assessments will be submitted to the City
and each applicant. Applicants will have ten (10) working
days to: (1) comment on the analysis of their proposal;
and, (2) respond to the questions directed to them. This
procedure will allow applicants to comment on and cor-
rect any errors in the preliminary assessment, and will
allow the consultant to ask specific questions regarding
applicant proposals. These responses will be considered
an integral part of the franchise evaluation process, and
will be incorporated into the final evaluation report.
The City will give attention to the previous history of
the applicants’ cable franchising in similar environments.
App. 222
Interviews will be conducted with municipal cable
authorities in other cities where the applicants currently
operate systems. The City will make specific inquiries as
to the fulfillment of franchising promises in cities where
an applicant currently owns and operates other cable
systems.
Applicants will be given the opportunity to present
their proposals orally at public hearings before the City
Council. Representatives of Kalba Bowen Associates will
attend the hearing(s), and these presentations will be
considered an integral part of the evaluation process. We
suggest that applicants provide a printed resume of their
presentations for Council members and others attending
the presentation hearing(s).
After receiving responses to the preliminary analysis
of each proposal, Kalba Bowen will prepare a final eval-
uation report which will include a ranking of all appli-
cants using the criteria specified by the City. These
rankings will summarize the findings of the proposal
evaluation and will serve to facilitate the final selection
process. After the City Council and applicants have
received the final evaluation report, Kalba Bowen will
make a public, oral presentation describing the findings
of its evaluation and the rankings of the applicants on the
criteria.
2.7 Evaluation Criteria and Priorities
The City will award the franchise to the applicant
who demonstrates the best overall capability and willing-
ness to provide cable communications service to the citi-
zens of St. Paul. All of the information requested herein
App. 223
will contrimute to the evaluation of applicants and the
subsequent selection process.
In general, applicants will be judged according to the
following criteria:
* compliance with the minimum requirements
of the RFP;
financial resources available to the applicant;
financial feasibility of the system as pro-
posed;
proposed rate structure and stability;
fitness of the applicant and its officers;
proven management and performance of the
applicant;
ownership structure;
commitment to education;
employment and administrative practices;
technical plan of the cable system;
technical standards specified in proposal,
timetable for construction of the system;
channel capacity and utilization of the sys-
tem;
ascertainment of community needs by the
applicant;
commitment to local origination services;
commitment to local access services;
home interactive services plan;
institutional network services plan;
municipal services development;
use Of existing local resources;
regional interconnection plan; and,
equal employment opportunity and affirma-
tive action plans.
App. 224
The City Council has determined that the following
factors will be accorded a preference and will be consid-
ered as priorities. The City seeks an applicant who will:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Propose the most comprehensive offering of ser-
vices, provided that such an offering does not
exceed the financial capability of the applicant
to construct and operate a cable communications
system.
Seek to maximize community participation in
the ownership and/or management of the cable
system or in one or more features of that system
such as the access channels, institutional net-
work or leased channels.
Allocate adequate facilities, funding and staff
support to access, public service and local com-
munity programming.
Seek to develop services to fulfill the communica-
tions and information needs of the City’s service
institutions and the needs of the City’s commercial,
business, and financial communities.
Provide service to low-income households by
proposing a “universal service” option which
would offer the subscribers the access and pub-
lic service channels for the cost of installation
alone.
Demonstrate a commitment to the development
of municipal uses of the cable system, specifi-
cally placing a high priority on those cable com-
munications services which will contribute to
the overall efficiency and cost-effectiveness of
City government services.
Makes extensive use of local resources in the
development of cable communications services,
including the use of existing local production
facilities, the involvement of local businesses
and institutions in service development, con-
App. 225
tracts with existing production facilities, the
purchase of programming from local indepen-
dent producers and other local sources.
(8) Demonstrate a commitment to the educational
community.
THE CITY RESERVES THE RIGHT TO REJECT
ANY OR ALL APPLICATIONS.
2.8 Franchise Schedule
11/1/82
2/1/83
3/1/83
3/3/83
3/14/83
3/18/83
4/22/83
4/25/83
4/29/83
5/20/83
Request for Proposals Released
Cable Company Proposals Due
Kalba Bowen Preliminary Assess-
ment and Requests for Clarifica-
tion Received by City
Kalba Bowen Preliminary Assess-
ment and Request for Clarification
Received by Applicants
Responses Received by Kalba
Bowen Associates
Public Hearing for Applicant Pre-
sentations
Final Kalba Bowen Proposal Eval-
uation Report Submitted to City
Oral Presentation of Evaluation
Report Made by Kalba Bowen to
City Council, Cable Committee
and Applicants
Final Selection Made by City
Council
Final Negotiation and Ordinance
Completion
App. 226
APPLICATION FOR A CABLE COMMUNICATIONS
SYSTEM FRANCHISE
CITY OF ST. PAUL
Application submitted to:
Due
Mr. Al Olson, City Clerk
Room 386 City Hall
St. Paul, MN 55102
Date: 2:00 p.m., February 1, 1983
Application Forms
Table of Contents
SUTRA SY OT VIII, 6 ak hae ets ene ae Kh at
Applicant Identification and Affidavit.......... 2
Character and Ownership Information......... 10
Administration and Regulation................ 24
- .Proposed Signal Carriage and Channel Alloca-
CRINB sree kos a aa a Rte mar aes 32
Community Access Programming.............. 47
Local Origination Programming............... 55
Home Interactive Services..................... 60
pmatitutiomes MGLWOTEK..... . 6... 65. cece canes 72
OUI TTC UN isct e5 ccc tw raceescaisdues 84
Financial Resources and Commitments....... 9()
Financial Pro Forma Projections............... 99
ee ee 124
XIV. Construction and Service Schedule............ 132
a 139
APPENDICES
APPENDIX A —- Official Maps..................... 161
APPENDIX B — List of Buildings to Receive Free
CO See Se Ge ee ee 164
APPENDIX C - Uniform Housing and Demo-
A ee 180
APPENDIX D - Resolutions Covering Contact with
es 184
APPENDIX E - Set-Aside Ordinance........... ...194
I. Summary of Proposal
Each applicant should present a clear and concise
narrative description of the cable television system and
services it proposes to provide. Please limit responses to a
maximum of 15 pages.
Please cover the following subject areas:
e Overview of Proposal
¢ Ownership and Management of System
e Financial Commitments
e System Design and Construction
e Signal Carriage and Channel Allocations
¢e Commitments to Local Origination and
Access Programming
e Rates and Rate Cuarantees
App. 228
e Institutional, Business and Municipal Ser-
vices
e Home Interactive Services
The purpose of this section is simply to provide the
reader with an understandable overview of the proposal,
not to discuss details which will be covered elsewhere in
the application forms.
The applicant must clearly differentiate between
those elements of the proposal which it is firmly commit-
ted to providing (which will be contractually binding)
and those which may be provided.
II. Applicant Identification and Affidavit
Table of Contents
APPLICATION FOR CABLE COMMUNICATION
PE iii a te go eR cre oe Pe tee Form II-A
APPLICATION FOR CABLE COMMUNICATION
SYSTEM FRANCHISE FOR THE CITY OF ST.
FIVE tg MEST EIR. che nae cokes Seas eee Form II-B
CABLE COMMUNICATIONS FRANCHISE
APPLICANT EXPENSE DISCLOSURE...... Form II-C
CABLE COMMUNICATIONS FRANCHIS§ ~ LIST
OF APPLICANT PERSONNEL............. Form II-D
II. Applicant Identification and Affidavit
Applicants must state the full name and legal status
of the prospective franchise as it would appear in a
subsequent license agreement. If an application is made
on behalf of another party, full disclosure of all the facts
relating to such a party is required, including the names
App. 229
and addresses of the agent and principal. Failure to fur-
nish this information may disqualify the applicant from
consideration. Where the application is submitted by an
individual, his legal name must be signed by him or his
duly authorized agent. Where the application is submit-
ted by a corporation, association, cr partnership, the legal
name and address of each principal, director and officer
must be given, and the application signed by an official
or duly authorized agent.
Form II-A
APPLICATION FOR CABLE
COMMUNICATION FRANCHISE
Applicant’s Affidavit
This application is submitted in response to the
Request for Proposals of the City of St. Paul, Minnesota,
by the undersigned who has been duly authorized to
make the representations herein on behalf of the appli-
cant.
Applicant recognizes that all representations are
binding on it and that failure to adhere to any such
representations may, at the City’s option, result in revoca-
tion of any franchise that may be granted, in consequence
of this application.
The City of St. Paul has adopted two council resolu-
tions which provide a comprehensive policy regarding
applicant contact with City officials and employees. The
applicant recognizes that these resolutions are binding on.
it, and that failure to adhere to these procedures may, at
the City’s option, result in a rejection of the proposal
submitted by the applicant.
App. 230
Consent is hereby given to the City to make inquiry
into the legal, character, technical, financial and other
qualifications of applicant by contacting any persons or
organizations named herein as references, or by any other
appropriate means.
Firm Name
Applicant's
Signature
Official Position
Date
Attest
Form II-B
APPLICATION FOR CABLE COMMUNICATION
SYSTEM FRANCHISE
FOR THE CITY OF ST. PAUL, MINNESOTA
IDENTIFICATION OF APPLICANT ng
Name of
Applicant
Address of
Applicant
(Street)
(City, State, Zip Code)
Telephone —
(Area Code and Number)
Date
App. 231
Please give name and telephone number of principal
to whom inquiries should be made:
Name
Telephone
(Area Code and Number)
Authorized
Signature
(Name and Title)
Date
Form II-C
CABLE COMMUNICATIONS FRANCHISE -
APPLICANT EXPENSE DISCLOSURE
Firm Name
Affiant’s Signature
Official Position
Date
INSTRUCTIONS
1. List total expenses incurred in seeking the cable tele-
vision franchise for the City of St. Paul by your local
company, and its parent corporation, partner or joint
venturer in each of the following categories. Include
estimates for expenses you have incurred, but for
which you have not yet been billed.*
Expense Item Amount
Salaries paid to company or
organization personnel (local
and nationa})
App. 232
Contracted services - consul-
tants, attorneys, local spokes-
persons, lobbyists, etc.
rc
Advertising and public rela-
tions (media ads, audio-visual
presentations, etc.)
Printing
Studies and surveys
Travel
Other**
TOTAL |
2. Provide jnformation regarding any existing
contingency agreements or bonus plans rele-
vant to the franchise application and selec-
‘tion process including, but not limited to,
cash, property, stock or stock options.
Signature Attest
Date
The City will give you 10 days notice sometime after the
final public hearing in which to file this form.
If the total exceeds $5,000 in this category, list individual
categories of expenses.
App. 233
Form II-D
CABLE COMMUNICATIONS FRANCHISE — LIST OF
APPLICANT PERSONNEL
Due Date*
Firm Name ——
Affiant’s Signature
Official Position —
Date
INSTRUCTIONS
NOTE: FAILURE TO SUBMIT THIS FORM BY THE
DATES SPECIFIED WILL DISQUALIFY YOU
FROM CONSIDERATION FOR THE FRAN
CHISE.
Name all employees of the applicant, and of affiliates,
subsidiaries and parent companies of the applicant,
who are based in the City or represent the applicant
in its franchising activity in the City of St. Paul
List names and addresses of all persons (locally and
nationally based employees, attorneys, consultants,
spokespersons, lobbyists, public relations counsel,
local owners, etc.) who have been employed or
retained to contact the Mayor, council members or
City staff to speak on your Company or organization's
behalf. For each, describe any compensation that 1s
contingent upon the award of the franchise.
*This form must be completed and submitted with your offi ral
application forms, and on the first date of cach month thereaf
ter until the final vote of the City Council awarding the
franchise.
App. 234
III. Character and Ownership Information
Table of Contents
CFOVINESEULE TORR LADSUIRD oon ccc ieee Form III-A
Eo ay) et | | ee Form III-B
OWNERSHIP AND CONTROL INFORMATION
Ne ee EN OE Ee ee Form III-C
CCAP aE te eee Form III-D
OWNERSHIP QUALIFICATIONS. ........... Form III-E
CHARACTER QUALIFICATIONS ........... Form III-F
CABLE HOLDINGS OWNED BY APPLICANT
AND PRESENT SUBSCRIBER RATES ..... Form IIJ-G
SPECIALIZED CABLE SYSTEM EXPERIENCE
re ey ee ee ee ee ee eT ee Form III-H
Ee eee Form III-l
Form III-A
OWNERSHIP DISCLOSURE
Applicants, including all shareholders and _ parties
with any financial interest in the applicant, must fully
disclose all agreements and understandings with any per-
son, firm, group, association or corporation with respect
to the franchise and the proposed system. This includes
agreements between local investors, attorneys, lobby
groups, consultants, etc., and the applicant or its princi-
pals, affiliates or parent company. Failure to reveal such
agreements will be considered withholding of pertinent
information and will be considered cause to withhold or
revoke award of the franchise.
— ee
App. 235
Please append copies of any written agreements
made regarding the ownership or control of the proposed
system. Use the space provided to outline any oral agree-
ments or understandings regarding the ownership or con-
trol of the proposed system.
Form III-B
LOCAL OWNERSHIP
The City specifically seeks to prevent the practice of
“rent-a-citizen” in the cable franchising process, where
local citizens, organizations or institutions are solicited to
participate in the ownership of a company applying for
the franchise without having to invest an amount equa! to
the equity received.
Therefore, an applications will not be accepted if it
contains any of the following elements:
¢ the percentage of stock held by local inves-
tors is greater than the actual percentage of
dollars (or dollar value of services) actually
invested or to be invested;
e local investors have received loans from the
cable company with which to purchase stock;
e the applicant or parent company guarantees
local investors little or no financial risk;
e the interests of local investors can be bought
out readily at a guaranteed price.
If any owners listed are considered local, in terms of
residing or having a place of business within the Twin
Cities metropolitan area, provide the following informa-
tion for each such local owner:
App. 236
e Basis for Acquiring Ownership - Indicate
whether ownership was acquired at same
per-share cost as other owners, and if not,
whether services or other in-kind contribu-
tions are included as a basis for acquiring
ownership. Provide a copy of the contractual
agreement.
e Buy-out Agreement - Indicate whether a buy-
out agreement exists, whether written or ver-
bal, giving other stockholders the right to
acquire the interest of local stockholders in
the future.
e No Risk Guarantee - Describe any guarantee
that would reduce the financial risk of loca!
investors.
e Loans — Describe any loans from the appli-
cant or parent company.
¢ Ownership in Other Communications Media -
Indicate whether any local ownership in
other mass communications media (defined
as television stations, radio stations or news-
papers) in the Twin Cities metropolitan area
Form III-€
OWNERSHIP AND CONTROL INFORMATION
(Reproduce original forms if needed)
1. To be gees by all principals, officers and direc-
tors of applicant, and by beneficial owners of 1 (one)
percent of the stock or other ownership interest in
applicant. Beneficial owners include, but are not lim-
ited to, individuals, corporations, partnerships, joint
ventures and unincorporated associations.
App. 237
Name (if individual)
(if organization)
Address
(Number) (Street)
(City) (State) (Zip)
Nature of Interest { ] Partner
[ ] Stockholder/Owner
[ | Officer
| | Corporate Director
Profession or Occupation
Name of Employer
Address of Employer
Number of shares of each class of stock or ownership
interest (including stock options, stock subscriptions and
partnership options)
Percentage of ownership of partnership, voting stock or
equity interest
To be completed by each organization corporation
which filled out Page 1 of Form A (not individuals)
2. List all principals, officers, corporate directors, and
beneficial owners of three (3) percent or more of your
own stock or ownership interest
Name of Organization
Address
(Number) (Street
(City) (State) (Z1y
App. 238
Ownership
Name Address Capacity Percent
FORM III-D
STOCK INFORMATION
Please answer the following concerning the corpora
tion
1. Isthe applicant a publicly held corporation as defined
by the rules and regulations of the Securities and
Exchange Commission? [ ] Yes [ ] No
2. Stock of corporation:
No. _ a No.
Total
Class Vote Shares No. Shares No.
of Par Per Autho- Shares Sub- Stock
Stock Value Share rized Issued _ scribed holders
sagittis ticervaneteeiubsenatie liebe adenine
App. 239
3. Does the applicant have any other obligations or
securities authorized or outstanding which bear vot
ing rights either absolutely or upon any contingency?
§ rg Pp x
{ |] Yes [ | No
If “yes,” submit a statement of (a) the nature of such
securities, (b) the face or par value, (c) the number of
units authorized, (d) the number of units issued and
outstanding, (e) the number of units, if any, proposed to
be issued, and (f) the conditions of contingency upon
which securities may be voted
4. Is applicant corporation directly or indirectly con
trolled by another corporation or legal entity?
[ ] Yes [ ] No
If “yes,” please explain
Form III-f
OWNERSHIP QUALIFICATIONS
Does the applicant, or any person or business entity
having any interest* in applicant, directly or ind:
rectly own, oper ite, control, or have an interest in any
of the following:*
a A national broadcast television network (such as
ABC, CBS, NBC); or [ |] Yes [ |] No
* For purpose of this form, “interest” includes, in the ca
of corporations, officers and directors, and stockholders own
ing 1 percent or more of the company’s outstanding voting
stock.
»*
An affirmative response to Question 1, (a)-(d) may con
stitute disqualificatiog:of an applicant if Federal Communica
tions Commission (FCC) cross-ownership rules prohibit such
an applicant from investing in cable systems (see 47 CFR s/s
63.45 and s/s 76.501)
d.
e.
App. 240
A television broadcast station whose predicted
Grade B contour, computed in accordance with
Section 73.684 of the FCC’s rules, overlaps in
whole or in part of the service area of such sys-
tem, or an applicant for a license to operate such
a station; or { ] Yes [ ] No
A television translator station licensed to the com-
munity of such system; or { ] Yes [ ] No
A telephone company whose service area
includes the community [ ] Yes [ }] No
A newspaper having local circulation within the
community [ ] Yes [ ] No
An AM or FM radio station whose broadcast sig-
nal is normally available off-air in any part of the
service area or an applicant for a license to oper-
ate such a station. [ ] Yes [ } No
If “yes” to any of the above, indicate below, with full
identifying particulars, the nature and extent of such
ownership operation, control or interest.
Name of Applicant, Person or Entity:
Nature of Interest:
Company in Which Interest Held:
Name of Applicant, Person or Entity:
Nature of Interest:
Company in which Interest Held:
App. 241
3. Is the applicant a U.S. citizen? [ ] Yes
4. Is the applicant a U.S. corporation? [ ] Yes
If “no” describe in detail.
[ |] No
[ ] No
5. If “no” above, state any ownership retained by per
sons or entities which are not U.S. citizens or corpora
tions.
Form
CHARACTER QUALIFICATIONS
II]-F
l Has the applicant (including parent corporation if
applicable) or any principal* ever been convicted in a
criminal proceeding (felonies or misdemeanors) in
which any of the following offenses were charged?
a. Fraud [ ] Yes
b. Embezzlement | | Yes
c. Tax evasion [| | Yes
d. Bribery [ | Yes
e. Extortion [| | Yes
f. Jury tampering [ ] Yes
g. Obstruction of justice
(or other misconduct affecting
public or judicial officers’
performance of their official
| Yes
>
|
|
|
}
No
No
duties)
|
No
For purposes of this form, “principal” means any officer
or director of applicant, and any person, firm, corporation,
partnership, joint venture or other entity, who or which owns
or controls 1 percent or more of the voting stock (or any
equivalent voting interest of a partnership or join venture) of
an applicant.
N
wy
App. 242
h. False/misleading advertising [ ] Yes [ } No
i. Perjury | | Yes [ ] No
j. Anti-trust violations
(state/ federal) [ ] Yes [ ] No
k. Violations of FCC regulations [ ] Yes [| ] No
l. Conspiracy to commit any
of the foregoing offenses | ] Yes [ ] No
m. Any other felony [ ] Yes [ }] No
If “yes” attach separate statement providing specifics
such as date, court, sentence or fine, etc.
Has the applicant or any principal ever been a party
to a civil proceeding in which it was held liable for
any of the following or is now a party to the proceed-
ing?
a. Unfair or anticompetitive
business practices [ ] Yes [ }] No
b. Violations of securities laws
(state/ federal) [ ] Yes |} No
c. False/misleading advertising [ ] Yes [ ] No
d. Violations of FCC regulations [ ] Yes [ ] No
If “yes”, attach statement providing specifics.
Has applicant or any principal ever had a business
license (defined to include FCC licenses, alcoholic
beverage and restaurant licenses, etc.) revoked, sus-
pended or the renewal thereof denied or is a party to
a proceeding that may result in same?
{ ] Yes [ ] No
If “yes”, attach statement providing specifics.
Has applicant or any principal ever, as a result of an
adjudicated proceeding, been found in violation -
other than routine service complaints - of any fran-
chise agreement, contract, or regulation governing
App 243
their cable communications systems owned or oper
ated by them? [ | Yes | }] No
8. If “yes”, attach statement providing specifics
9. Has applicant or any principal ever initiated litigation
against a franchising authority or had a franchising
authority initiate litigation against it?
[ ] Yes [ }] No
10. If “yes”, attach statement providing specifics
Form III-G
CABLE HOLDINGS OWNED BY APPLICANT
AND PRESENT SUBSCRIBER RATES
Please list all holdings (franchises and systems) in which
applicant or any principal* owns | percent or more of
equity interest. (If additional pages are needed, please
reproduce this form)
Location of System
Date of Franchise
Award or Acquisition
Households Passed by System
Total Subscribers to System
Plant Miles of System |
Date First Subscribers
Served
Date Construction
Completed _
* For purposes of this form, “principal” mcans any officer
or director of applicant, and any person, firm, corporation,
subsidiary, joint venture or other entity, who or which owns or
controls 1 percent or more of the voting stov k (or any equiva
lent interest of a partnership or join venture) of an applicant
App. 244
Percentage of System
Ownership Held
Holder of Controlling
Ownership Interest
Current Subscriber Rate
Date Rate Approved
Name, Address, and Phone
No. of Local Government
Officials Responsible
For Cable Operations
Form III-H
SPECIALIZED CABLE SYSTEM EXPERIENCE
List at least one, but no more than four of the applicant's
systems which are evidence of the applicant’s special
qualifications and experience in cable television opera-
tion. Provide on a separate page a brief narrative of each
system’s special features. Select, if possible, communities
with similar characteristics to St. Paul with a cable system
constructed within the past ten years.
Name of local company:
Community:
Address:
Date of award of franchise:
Date construction commenced:
Percentage of construction completed:
App
Number of subscribers
A Basic
B. Pa
y
liomes passed by cable
A At present
B. Within 5 yrs (pro}j.)
Strand or
route miles of pla
A. Aerial
B. Underground
Local programming per ty
’
f
A Automated
B Nonautomated
)
~
Institution
Locally originated
Access channels
al Network
A lrunk mileage
B. Services
Muni« ipal
Applicant
where it has received a cable t
a cable sys
( able Service
FORMER FRA
or any principal
stem without a frat
posed of all or a majority of its
are needed, pleas reproducs
also list ce
rene wed
t
mmunities where f1
* For purposes of t} {
rr director
subsidiary
of applicant ind
jon venture or other
controls 3 percent or more of the
lent voting
interest of a partne
( "
i ‘
245
pitibtta
App 246
Name Date of Date of Reason and
of Sys bFran/Perm Fran/Perm Manner of
tem Community Award | Asposition Disposition
IV. Administration and Regulation
Table of Contents
EMPLOYMENT TRAINING
AND PROCUREMENT
PRACTICES Form IV-A
CONSUMER COMPLAINT AND
REPAIR PROCEDURES Form IV-B
SUBSCRIBER RIGHTS OF PRIVACY Form IV-¢
rh
Form IV-A
EMPLOYMENT PRACTICES
Present plans for compliance with all federal, state
and local laws pertaining to discrimination, equal
opportunity employment programs and affirmative
action programs. Include your policies on hiring and
utilization of minorities in job training, management,
engineering, search committees, announcing and fill-
ing job vacancies and contracting policies
Describe policies on using union labor for system
construction, operation and/or maintenance
Appendix E contains a copy of St. Paul’s Set-Aside
Ordinance. Applicants are asked to describe to what
App. 248
2. Hours of office operation will be:
Mondays - Fridays: __ amto__ pm
Saturdays: _ amto __ pm
Sundays & Holidays: ___ amto__ pm
3. How soon after a trouble call is received will a service
employee be required to respond either by telephone
contact with subscriber for an appointment, or by a
visit to the premises, or by a doorknob hanger if no
one is home?
Within 24 hours [ ]
Same Day [ ]
Close of next business day [ ]
Within ___ hours [ ]
Other [ ]
4. How will trouble calls be received outside normal
business hours?
Company employee on 24 hour shift [ ]
Electronically recorded [ ]
Answering service [ ]
5. Describe the applicant’s plans for responding to
major system outages.
Form IV-C
SUBSCRIBER RIGHTS OF PRIVACY
The cable franchises must be especially aware of and
responsive to the privacy needs of subscribers. Appli-
cants should be aware that the Minnesota Cable Commu-
nications Board has adopted rules which govern the
App. 249
actions of communications companies regarding sub-
scriber privacy. Applicants should also review the pro-
posed franchise agreement, specifically those provisions
which relate to subscriber privacy.
1.
nN
Identify all present and projected uses of the cable
communications system where questions of sub-
scriber privacy can be expected to arise (including
such uses as electronic funds transfer; consumer pur-
chasing of goods, services and programs via cable;
opinion polling; information relating to individual
subscriber viewing data; and the transfer of medical
or other sensitive data by cable), and describe in
detail the policies and procedures designed to protect
subscriber privacy.
Describe in detail what measure will be taken initially
and on an ongoing basis to protect consumer privacy
and to inform subscribers as to how information is to
be collected, stored or used; to inform subscribers of
their privacy rights; to insure that information col-
lected is up-to-date, accurate and relevant; to guaran-
tee that information collected for one purpose is not
used for any other purpose without the subscriber’s
prior written consent; and to inform subscribers that
information is being collected about them.
Describe the remedies for breach of subscriber pri-
vacy which the applicant will make available to sub-
scribers. Detail procedures for privacy complaint
resolution.
Describe the technology to be used to ensure parental
control over programming at the subscriber end.
App. 250
V. Proposed Signal Carriage and Channel Allocations
Table of Contents
LOCAL BROADCAST SIGNALS:
FULL-TIME
IMPORTED TELEVISION BROADCAST
SIGNALS
TELEVISION BROADCAST
SIGNALS PROPOSED
FOR PART-TIME CARRIAGE
AUTOMATED PROGRAMMING
NONAUTOMATED PROGRAMMING VIA
SATELLITE
NONAUTOMATED PROGRAMMING:
SYSTEM ORIGINATED
DESIGNATED ACCESS CHANNELS
PAY CABLE SERVICE
PAY CABLE SERVICE: PER PROGRAM
SUMMARY OF CHANNEL ALLOCATIONS
AUDIO SERVICE
NON-BROADCAST AUDIO SERVICE
Form V-A
Form V-B
Form V-¢
Form V-D
Form V-E
Form V-F
Form Y-G
Form V-H
Form V-l
Form V-J
Form V-K
Form V-L
Form V-A
Proposed Signal Carriage and Channel Allocations
Service lier No
(if applic able)
Broadcast Television Channels
a. Local Broadcast Signals (carried full-time):
Network
Affiliation” City
a:
[a oe oe oo Le en SEED ee Se Ge GE
*
For example,
ABC,
Call
]
Letters | (
;
7
7
}
|
}
;
N Be
Broad | |
cast | Cable | Activation
hannel | Channel |
f
1}:
** Specity proposed activation date if other than initial date
»<
J
Proposed
Date**
;
+
|
1
+
, +
+ +
+ ?
+ 7
|
i
? +
+ +
7 q
|
7 7
] T
T 1
1 t
+ 7
+ 7
+ +
a inde pendent, other
—
App. 252 =
Form V-B
Proposed Signal Carriage and Channel Allocations (cont’d.)
Service Tier No. __ (if applicable)
1. Broadcast Television Channels
b. Imported television broadcast signals (carried full-time):
Broad- Proposed
Network Call cast Cable Activation
Affiliation* City Letters | Channel | Channel Date**
* For example, ABC, CBS, NBC, PBS, independent, other.
** Specify proposed activation date if other than initial date.
App. 253
Form V-C
Proposed Signal Carriage and Channel Allocations
Service Tier No. ___ (if applicable)
1. Broadcast Television Channels
c. Television broadcast signals proposed for part-time car-
riage.
Broad- Proposed
Network Call cast Cable Activation
Affiliation® City Letters | Channel | Channel Date
*
e.g., late-night only, syndicated program black-out time, net-
work fill-in.
App. 254
Form V-D
Proposed Signal Carriage and Channel Allocations
Service Tier No. __ (if applicable)
N
Nonbroadcast Channels (does not include pay cable ser-
vices).
a. Automated Programming (e.g., time, weather, news, sic-
scan news, sports, stockmarket, etc.)
Hours Proposed
Cable | Per Day Activation
Service Source |Channel| (est.) Date*
*Specify proposed activation date if other than initial date.
App. 255
Form V-E
Proposed Signal Carriage and Channel Allocations
Service Ties No. (if applicable)
2. Nonbroadcast Channels (does not include pay cable ser-
vices).
a. Nonautomated Programming.
(1) Received Via Satellite.
Hours Proposed
Cable | Per Day Activation
Service Source |Channel| (est.) Date*
* Specify proposed activation date if other than initial date.
App. 256
Form V-F
Proposed Signal Carriage and Channel Allocations (cont’d.)
Service Tier No. (if applicable)
2. Nonbroadcast Channels (does not include pay cable ser- |
vices).
b. Nonautomated Programming.
(2) System originated programming (not via satellite)
includes programming locally produced purchased,
leased or obtained from other sources (excluding
access).
Hours Proposed |
Cable |Per Day Activation
Service Source |Channel| (est.) Date*
a — ——4
+ —
* Specify proposed activation date if other than initial date.
App. 257
Form V-(¢
Proposed Signal Carriage and Allocations (cont’d.)
Service Tier No (if applicable)
2. Nonbroadcast Channels .
c. Designated Access Channels (channels set aside for non
operator-originated local programming)
Hlours Proposed
| Cable Per Day Activation
lype* | Channel Available Date**
} ;
|
| }
|
| | |
, + + t
+ ?
| }
sf + +
} + +
} |
+ + +
}
r + + |
7 + + 7
| | |
T T |
+ + T
q } + +
| }
‘ + + +
t | 4 }
| |
. — _ _ + + T
7 T + t
4
*
(list composite uses), or any other specific allocation contemplated
Specify proposed activation date if other than initial date
e.g., public, local government, educational, leased, composite
App. 258
Form V-H
Proposed Signal Carriage and Channel Allocations (cont’d.)
Service Tier No.
3. Pay Cable Service
a. Per channel service
Cable
lype* Source | Channel
- 4 T 4
r T
t
‘ +
,
+
+
> —+——__4+—__+—_—__+
—
» | ]
Hiours
Per Day
Available
(if applicable)
}———_+— - —+_—__+—__+—__+—_+—-
Proposed
Activation
Date**
For example, first-run movies, regional sports, classic movie:
Sr
ypecify proposed activation date if other than initial dat
App 259
Form V-1I
Proposed Signal ¢ arriage and Allocations (con’t.)
Service lier No (if applicable)
3 Pay Cable Service
b. Per program (if applicable)
I T I
| | Hilours Proposed
| | Cable | Per Day | Activation
lype* | Source | ¢ hannel | Available | late**
=e manos |
| |
} i | |
|
} + + + 4
|
> + + + 4
+ + + +
+ + + +
+ + + +
‘ ] , ri
App. 260
Form V-]
Summary of Channel Allocations
Service Tier No. (if applicable)
On the chart below briefly describe the designated alloca
tion of each channel on the proposed system (e.g., KXYZ-TV, Ch
7 ABC, 24-hr sporis, automated, educational access: Pay TV, etc.)
indicate with an asterisk (*) any channel(s) that will not be
activated or available initially
Channel No Description of Channel
App. 262
41
Form V-K
Proposed Signal Carriage and Allocations (cont’d.)
4. Audio service
a. Broadcast Radio Stations (AM, FM, Shortwave and other
frequencies)
(1) FM broadband __; or
(2) individually processed signals _
Hours Proposed
Per Day} Activation Call
Format* (est.) Date** Letters City
* For example, country, rock, ete.
** Specify proposed activation date if other than initial date.
Form V-K
(cont'd)
Proposed Signal Carriage and Ailocations (cont’d.)
Audio service (continued).
a. Broadcast Radio Stations (AM, FM, Shortwave and other
frequencies (continued)
Sg eee
Hours Proposed
Per Day} Activation Call
Format* (est.) Date** Letters City
* For example, country, rock, etc.
- Specify proposed activation date if other than initial date.
4.
App. 264
Form V-L
Proposed Signal Carriage and Allocations (cont’d.)
Audio service (continued)
b. Nonbroadcast Audio Programming.
Format*
Hours Per Day(est.)
Proposed Activation Date™*
—-
* For example, country, rock, etc.
** Specify proposed activation date if other than initial date.
App. 265
VI. Community Access
Table of Contents
PLAN FOR COMMUNITY AND
INSTITUTIONAL ACCESS Form VI-A
ACCESS CHANNELS AND
ADMINISTRATION Form VI-B
ACCESS PRODUCTION EQUIPMENT
AND FACILITIES Form VI-C
COMMUNITY ACCESS TRAINING Form VI-D
SUPPORT FOR ST. PAUL COMMUNITY
ACCESS CORPORATION (SPCAC) Form VI-E
SUPPORT FOR ST. PAUL INSTITUTIONAL
ACCESS CORPORATION (SICAC) Form VI-F
COMMITMENT TO ACCESS
PROGRAMMING Form VI-G
PLAN FOR THE USE OF
LOCAL RESOURCES Form VI-H
Form VI-A
PLAN FOR COMMUNITY AND
INSTITUTIONAL ACCESS
The City of St. Paul has expressed the desire to
include community and institutional access as a signifi-
cant element of its cable system. Applicants are required
to describe in detail their overall commitment to access
programming, including the number and nature of chan-
nels (whether the channels will be on “tiered” services,
etc.). Applicants also are required to make commitments
which will provide at various locations in the City, facili-
ties (access centers) where persons desiring to produce
access programming can (1) meet, (2) receive instruction
Ee
App. 266
on the use of equipment, (3) make use of quality studio
equipment to produce access programs, (4) borrow or
otherwise obtain the use of portable equipment, and (5)
transmit programs into the system for system-wide view-
ing and/or viewing through portions of the system.
Applicants are directed to carefully review Section 1.15 of
this document which contain a more detailed description
of the City’s requirements for access.
Describe, in a detailed narrative, the applicant's
plan for providing community access including
all access facilities (studios, access centers,
equipment, etc.) required to support that con-
cept.
Form VI-B
ACCESS CHANNELS AND ADMINISTRATION
Applicant is to attach a set of recommendations regarding
the rules and procedures which SPCAC and SPIAC
should consider for the operation of public, educational,
government and leased access channels. The rules must
describe:
e availability of channels to various users;
e availability of equipment and rules govern-
ing the use of equipment;
e scheduling procedures for reserving equip-
ment and channel time;
e any rates to be charged, including deposits;
App. 267
e copies of contract forms and application
forms;
e availability of production assistance, etc.;
and
e policy for adding additional channels as the
current allocation becomes fully utilized.
Form VI-C
ACCESS PRODUCTION EQUIPMENT
AND FACILITIES
Please describe facilities and equipment, if any, that will
be available to access channel users on an exclusive or
priority basis. Do not include local origination equipment
listed on Form VII-C.
Access Studios:
— Locations (approx.):
— Size (approx.):
Access Equipment
— Equipment
* It will be presumed that equipment described or its equiva-
lent will be provided.
App. 268
Form VI-D
COMMUNITY ACCESS TRAINING
Does the applicant propose to provide
training classes for volunteers and
other users of access services? [] Yes [ ] No
,
If “yes,” specify the curriculum, schedules and locations
for training programs and lists (if any) to the trainees and
describe what remedies will be available to the City in the
event of the applicant’s default in its promise to so pro-
vide the training.
Form VI-E
SUPPORT FOR ST. PAUL COMMUNITY
ACCESS CORPORATION (SPCAC)
The City intends to create the St. Paul Community
Access Corporation (SPCAC) to have primary respon-
sibility for the promotion and development of non-dis-
criminatory community access on a first-come, first-serve
basis throughout the City. As a part of its overall commit-
ment to the support of community access, the applicant
should describe its proposal for initial and ongoing fund-
ing, channels, facilities, and other support to the SPCAC.
Form VI-F
SUPPORT FOR ST. PAUL INSTITUTIONAL
ACCESS CORPORATION (SPIAC)
The City intends to create the St. Paul Institutional
Access Corporation (SPIAC) which will have primary
App. 269
responsibility for the development and management of
cable access resources for the benefit of institutions in the
City of St. Paul. As a part of its overall commitment to the
support of institutional access, each applicant should
describe its proposal for initial and ongoing funding,
channels, facilities, and other support to the SPIAC.
Form VI-G
COMMITMENT TO ACCESS PROGRAMMING
1. Operating Budget (include only salaries, benefits,
maintenance of production equipment, tape and film
stock, miscellaneous supplies and promotion):
First Year $
Third Year es
Fifth Year $ -
Tenth Year es
Total over Fifteen Years $
2. Staff Commitment:
Full-Ti me Pa rt-Time
First Year
Third Year
Fifth Year
Tenth Year
eT
App. 270
3. How many part-time positions equal one full person
year?
4. Discuss access programming philosophy, specifically
describing plans and objectives for access. Include
names of organizations and individuals contacted by
the applicant to assess local needs and desires.
MINORITY PROGRAMMING
Describe plans for-funding, production and transmis-
sion of minority programming, and plans for involving
minorities in research and decisionmaking in local pro-
gramming.
(Minority programming is programming that is “by
and about” minorities and is sensitive to the values,
needs and concerns of the particular minority group
whose perspective the program is intended to reflect.
With the exception of linguistic programming, it should
not necessarily be perceived as “for minorities only,” in
that programming oriented toward a specific target audi-
ence may well have a broader audience appeal. Further-
more, a minority program is a program that ciosely
reflects the social, economic and cultural experience and
perspective of a minority group, and focuses on a need or
an interest of the specific minority group with which the
program identifies.)
i
App. 271
Form VI-H
PLAN FOR THE USE OF LOCAL RESOURCES
Applicants are encouraged to consider the use of
existing local resources in the development of their plans
for community and institutional access. A variety of pos-
sible arrangements should be considered regarding the
use of existing local production facilities and talent. At a
minimum, applicants are required to submit detailed
information regarding their plans to use local resources,
facilities, staff, and production capability.
VII. Local Origination Programming
Table of Contents
PLAN FOR LOCAL ORIGINATION
PROGRAMMING Form VII-A
LOCAL PROGRAM PRODUCTION
EQUIPMENT AND FACILITIES Form VII-B
COMMITMENT TO LOCAL
ORIGINATION PROGRAMMING Form VII-C
PLAN FOR THE USE OF LOCAL
RESOURCES Form VII-D
Form VII-A
PLAN FOR LOCAL
ORIGINATION PROGRAMMING
It is the City’s hope that cable will serve as a vehicle
for sharing St. Paul’s cultural, educational arid artistic
resources with local residents. Therefore, we view the
applicants’ local origination proposals with great interest,
App. 272
and encourage applicants to provide creative and imag-
inative programing and services.
Describe the applicant’s overall plan for provid-
ing local origination programming and services,
including: proposed schedule for implementa-
tion; hours or service per week at the inception
of the license, after 5 years and after 10 years;
and the dollar figure to be provided for start-up
and yearly operations over the life of the
license.
Form VII-B
LOCAL PROGRAM PRODUCTION
EQUIPMENT AND FACILITIES
Applicants should list all studio facilities and equipment
which will be provided for local program production.
Although facilities may be available to all classes of users,
please note that access studios and equipment (listed on
Form VI-C) are for priority use of access channel users,
and should exclude any facilities or equipment listed on
this page.
Please indicate location of production facilities and list
make, model number and your approximate cost for each
piece or grouping of equipment.
Local Origination Studio:
- Location (approx.):
~
~~
owe
Y
~~
—
Nm
SJ
oy)
—- Size (approx.)
Will this facility also serve
as an access studio? [ |] Yes [| ] No
Local Origination Equipment List (provide make and model
number"). Do not include equipment available to access
channel users on an exclusive or priority basis
* It will be presumed that equipment described or its equiva
lent will be provided. As an alternative, applicant may prov ide
detailed specifications for such equipment.
Form VII-C
COMMITMENT TO LOCAL
ORIGINATION PROGRAMMING
1. Operating Budget (include only salaries, benefits,
maintenance of production equipment, tape and film
stock, miscellaneous supplies and promotion):
First Year ee eats
Third Year >
Fifth Year >
Tenth Year a
Total over Fifteen Years $
5
—_
App. 274
Staff Commitment:
Full-Time Part-Time
First Year
Third Year
Fifth Year
lenth Year
JT
Hiow many part-time positions equal one full person
Year ?
Approximately how many hours per week of local
origination programming will be presented by system
operator? Do not include automated programming,
access programing or programming received via sat
ellite. Also, do not include repeat showings of a par
ticular program.
Programming produced locally
by operator hrs/ week
>
other sources hrs/ week
- Programming obtained from
Total hrs/week
Discuss local programming philosophy, specifically
describing plans and objectives for local origination.
Include names of organizations and individuals con
tacted by the applicant to assess local needs and
desires.
App. 275
Form IX-H
INSTITUTIONAL DROPS
The City requests that a cable drop and outlet be pro-
vided at no cost to all public schools, police and fire
stations, public libraries, and public buildings listed in
Appendix B. List all institutions to be served and indicate
the timetable for providing service to each. Indicate
which institutions will receive free drops for both the
institutional and subscriber networks. Indicate which
arops include free service.
Form VII-D
PLAN FOR THE USE OF LOCAL RESOURCES
Applicants are encouraged to consider the use of
existing local resources in the development of their plans
for local origination programming. A variety of possible
arrangements should be considered regarding the use of
existing local production facilities and talent, including
the lease and upgrade of existing facilities, contracts with
existing production facilities for the development of a
specific amount or type of programming. and/or the
purchase of programming from local independent pro-
ducers and other local sources. At a minimum, applicants
are required to submit detailed information regarding
their plans to use local resources, facilities, staff, and
production capability.
App. 276
The City also encourages applicants to consider the
involvement of local institutions and businesses in their
plans to develop advanced cable communications ser-
vices, both as service providers and in terms of research
and development.
VIII. Home Interactive Services
Table of Contents
EXPERIENCE AND CAPABILITY -
HOME INTERACTIVE SERVICES Form VIII-A
HOME INTERACTIVE SERVICE PLAN Form VIII-B
COMPUTER COMMUNICATIONS
SERVICES
Form VIII-C
RATES AND CHANGES Form VIII-D
RESEARCH AND DEVELOPMENT Form VIII-E
SERVICE ASCERTAINMENT Form VIII-F
HOME SECURITY SERVICES Form VIII-G
PLAN FOR THE USE OF
LOCAL RESOURCES Form VIII-H
VIII. Home Interactive Services
The City of St. Paul seeks a cable system whose
management and design is capable of allowing sub-
scribers to gain a full and ongoing advantage from tech-
nical advancements in cable communications in the area
of developing home interactive services.
App. 277
The City is interested in participating in the develop-
ment of public service applications of these services,
especially those which may affect the functioning of City
departments such as police, fire, emergency medical,
water, electric, etc. Applicants are encouraged to present
plans to initiate pilot projects and other activities to
involve the City in the successful development of these
services.
The City cautions applicants to provide realistic
assessments of the timetables, costs, research and devel-
opment requirements, and proposed beyond those techni-
cal limitations of any services traditionally offered.
Applicants should indicate specifically whether this is a
commitment or an expectation, and if the former, what
specific steps will be taken to develop and market such
services.
The equipment specified by the applicant to provide
these services should be described and defined in the
technical section of this RFP, and all costs and revenue
projections associated with the offer of these services
should be presented in the financial section of the RFP.
Form VIII-A
EXPERIENCE AND CAPABILITY -
HOME INTERACTIVE SERVICES
Provide the following information:
1. Total number of systems now in operation
providing home interactive service:
Number of subscribers:
App. 278
Type of services:
Type of equipment:
2. Total number of systems not yet in operation, but for
which interactive service will be provided in the next
two years:
List each system and anticipated service dates. (Use
additional space if necessary.)
3. Indicate any special capability of applicant to provide
home interactive services. Such capability could
include cooperation with another firm that has spe-
cialized expertise. (Use additional space if necessary.)
Form VIII-B
HOME INTERACTIVE SERVICE PLAN
Applicants should describe their plans for offering any or
all of the following services, including the timetable for
implementation, and an analysis of eventual benefits or
returns on the investment in this service.
e Subscriber polling
e Teletext
Viewdata
Security & alarm functions
Computer-assisted instruction
Entertainment and video games
e Consumer financial or shopping services
’
App. 279
e Meter reading or energy management
e Electronic mail (voice & character) services for business
and home subscribers
e Entry modes to multiple data bases and computer ser-
vices
e Communications for home computers
e Other services
Form VIII-C
COMPUTER COMMUNICATIONS SERVICES
The City has placed a priority on the use of the cable
system for computer communications services. The City
requires that applicants allocate a minimum of one
upstream and downstream 6 MHz channel on the sub-
scriber network for computer communications and a sys,
tem design that will accommodate data speeds of up to
19.2 Kbps on either the residential or institutional net-
work. Applicants should clearly indicate what number of
simultaneous home computer users can be accommo-
dated upon system activation and present a plan to
increase that capacity to meet future needs. In addition,
applicants are encouraged to provide units to interface
with home terminals that have RS232 and/or RS449 or
equivalent inputs to accommodate home computer users.
Applicants should describe fully their plans for the
interconnection of home computers on the subscriber net-
work.
till
App. 280
Form VIII-D
RATES AND CHARGES
1. Explain the derivation of the rate structure for each
type of home interactive service to be offered. Discuss
any differences in the rates proposed for various
types of subscribers.
2. Will there be an initial demonstration period in which
no charges will be applied? [ ] Yes [ ] No
If “yes,” for how long and under what conditions?
Form VIII-E
RESEARCH AND DEVELOPMENT
Describe research and development plans for creating
new services in the future including financial provisions
for these efforts. (Use additional space if necessary.)
Form VIII-F
SERVICE ASCERTAINMENT
List the names of any individuals or organizations with
whom the applicant has consulted regarding the possi-
bility and desirability of delivering such services. (Use
additional space if necessary.)
Form VIII-G
HOME SECURITY SERVICES
If security or alarm functions are proposed, what pro-
cedures will be used to protect police and fire depart-
ments from excessive false alarms?
sateen
Ve
App. 281
Form VIII-H
PLAN FOR THE USE OF LOCAL RESOURCES
Applicants are encouraged to consider the use of existing
local resources in the development of their plans for
home interactive services. A variety of possible arrange-
ments should be considered regarding the use of local
institutions and businesses in their plans to develop
advanced cable communications services, both as service
providers and in terms of research and development. At a
minimum, applicants are required to submit detailed
‘nformation regarding their plans to use local resources,
including documentation of any agreements made with
local institutions or businesses.
IX. Institutional Network
Table of Contents
EXPERIENCE AND CAPABILITY Form IX-A
STATEMENT OF INTENT Form IX-B
NEEDS ASSESSMENT Form IX-C
RESPONSE TO INSTITUTIONAL
NEEDS Form IX-D
COMMITMENT TO INSTITUTIONAL
SERVICES Form IX-E
MARKETING PLAN Form IX-F
RATES AND CHARGES Form IX-G
INSTITUTIONAL DROPS Form IX-H
PLAN FOR THE USE OF
LOCAL RESOURCES Form IX-I
——————
App. 282
IX. Institutional Network
The City is seeking proposals offering a separate
institutional network which would be developed simul-
taneously with the subscriber network. The desired sys-
tem should be capable of interconnection with the
subscriber network, and should have the capability to
carry two-way video (wide band and slow scan) and
audio information, interactive digital computer data and
text information. While a long term goal is that the insti-
tutional network become self-supporting and indepen-
dent of subscriber revenues, it is recognized that such a
network must be subsidized for an initial development
period.
The City encourages applicants to propose a plan for
utilizing the institutional network to achieve maximum
benefits to the community over the life of the franchise.
The City has designated the St. Paul Institutional Access
Corporation (SPIAC) to have primary responsibility for
the development and management of access to the cable
system for the benefit of institutions in the City of St.
Paul. Applicants should propose a role for SPIAC in the
administration of access to the institutional network. In
addition, a broad range of public sector agencies should
be encouraged to experiment with institutional service
through the offer of free drops and other incentives.
App. 283
Form IX-A
EXPERIENCE AND CAPABILITY -
INSTITUTIONAL NETWORK SERVICES
The City is interested in learning about applicants’
experience with both institutions in general and specifi-
cally with separate institutional networks. Applicants
should clearly discuss each of these two concepts.
Provide the following information. (Use additional
space when necessary.)
1. Total number of systems in operation providing
institutional service:
Describe type of service provided and institu-
tions* utilizing service.
Describe any services specifically used by munic-
ipal government agencies.
2. Total number of systems not yet in operation, but
for which the institutional service will be pro-
vided in the next two years:
Describe the system design and services for each.
3. Indicate any special capability of applicant to
provide institutional services. Such capability
could include cooperation with another firm that
has specialized expertise.
*In the forms concerning institutional services, the word -
institution — should be read broadly to cover all public, non-
profit, and commercial users, unless the context indicates oth-
erwise.
App. 284
Form IX-B
STATEMENT OF INTENT
Will the applicant provide a dedicated institutional net-
work? [ ] Yes [ ] No
If the answer is “no,” what alternative do you
recommend that will provide the same level of
service?
If the answer is “yes,” present the overall plan
for the proposed institutional network. (Use
additional pages if necessary.)
Form IX-C
NEEDS ASSESSMENT
Concisely describe how the government, business and
institutional needs were assessed for the City of St. Paul,
including the methodology for collecting and analyzing
needs assessment data.
(Please provide samples of survey instruments used,
summary of analyses, list of contacted government, insti-
tutional and community representatives and other data.)
Form IX-D
RESPONSE TO INSTITUTIONAL NEEDS
Present an analysis of the most critical communications
needs of public agencies, institutions and businesses that
can be met by the institutional network, and specifically
how the needs could be addressed by the institutional
services proposed by applicant.
App. 285
Form IX-E
COMMITMENT TO INSTITUTIONAL SERVICES
Describe the specific commitments proposed by applicant
to meet the needs described and the public benefits that
are expected as a result. In particular, describe the poten-
tial long-range benefits in cost savings and/or improve-
ments in effectiveness. The City encourages only
commitments that have shown in the utilization plan to
be potentially cost-effective.
The commitments described should include:
* facilities, physical and personnel resources;
¢ marketing, pilot tests, and/or service develop-
ment efforts, specifically including the service
development efforts proposed to encourage
use of the service to be offered; and
* application of commitments to each category
of service, and each public user group.
Form IX-F
MARKETING PLAN
Describe marketing plans for institutional service includ-
ing plans for ensuring that the institutional network will
eventually become self-supporting.
App. 286
Form IX-G
RATES AND CHARGES
1. Explain the derivation of the rate structure for the use
of various services on the institutional network. Dis-
cuss any differences in the rates proposed for public,
non-profit, and commercial institutions.
nN
Will there be an initial demonstration period in which
no charges will be applied for use of the institutional
network?
[ ] Yes [ ] No
If “yes,” for how long and under what conditions?
Form IX-l
PLAN FOR THE USE OF LOCAL RESOURCES
Applicants are encouraged to consider the use of
existing local resources in the development of their plans
for institutional network services. A variety of possible
arrangements should be considered regarding the use of
local institutions and businesses in their plans to develop
advanced cable communications services, both as service
providers and in terms of research and development. At a
minimum, applicants are required to submit detailed
information regarding their plans to use local resources,
including documentation of any agreements made with
local institutions or businesses.
App. 287
Form X. Municipal Services
Table of Contents
MUNICIPAL NEEDS ASSESSMENT Form X-A
MUNICIPAL USE OF THE
SUBSCRIBER NETWORK Form X-B
MUNICIPAL USE OF THE HOME
INTERACTIVE SERVICES Form X-C
MUNICIPAL USE OF THE
INSTITUTIONAL NETWORK Form X-D
Municipal Services
The City has placed a high priority on the develop-
ment of cable communications services which will con-
tribute to the overall efficiency and cost-effectiveness of
City and other government services. A Citywide Cable
Task Force has been appointed by the Mayor to investi-
gate the applications of cable technology to City govern-
ment operations and staff activities. This Task Force has
prepared a report on the municipal uses of cable televi-
sion. This report should provide applicants with funda-
mental information and recommendations regarding the
City’s use of the cable system.
Applicants are encouraged to supplement this infor-
mation by conducting their own assessments of the City’s
communications needs. The City Council has recently
adopted a resolution regarding contact between appli-
cants and be followed in conducting needs assessments of
City government departments. The needs of other gov-
ernment agencies should also be assessed in this context,
App. 288
and the City has not adopted any policies regarding
applicant communication with oi.her government offi-
cials.
Form X-A
MUNICIPAL NEEDS ASSESSMENT
Concisely describe how the communications needs of the
City of St. Paul were assessed, including the methodology
for collecting and analyzing needs assessment data.
(Please provide samples of survey instruments used,
summary of analyses, list of contacted City representa-
tives and other data.)
Form X-B
MUNICIPAL USE OF THE
SUBSCRIBER NETWORK
The City is interested in the use of the subscriber
network to distribute information to the public, in both
alphanumeric and full video formats. Applicants are
required to provide a minimum of one upstream and one
downstream video channel on the subscriber network for
government access. The City encourages applicants to
exceed this minimum requirement, and present an overall
plan for municipal government use of the subscriber
network. This plan should include channel allocations.
access to production facilities, staff and financial support
required for the City to obtain maximum benefits from
the development of cable communications in St. Paul.
ata eeeeeaeieeneil
App. 289
Form X-C
MUNICIPAL USE OF THE HOME
INTERACTIVE SERVICES
The City is interested in playing a significant role in
the development of public service applications of home
interactive services, especially those which may affect the
functioning of City departments (such as police, fire,
emergency medical, water, electric, etc.). Applicants are
encouraged to present plans to initiate pilot projects and
other activities to involve the City in the cost-effective
delivery of these services.
Form X-D
MUNICIPAL USE OF THE
INSTITUTIONAL NETWORK
The City expects that significant cost savings can be
realized through the municipal use of the institutional
network to carry out a variety of communications func-
tions. Applicants are required to provide a minimum of
one upstream and one downstream video channel on the
institutional network for government access. The City
encourages applicants to exceed this minimum require-
ment, and present an overall plan for municipal govern-
ment use of the institutional network. The institutional
network plan should also include provisions for munici-
pal and other government telecommunications services
including voice and data communication.
1. Specify the bandwidth and facilities which
will be allocated to municipal and govern-
ment use, as well as the terms and rates for
municipal telecommunications services. The
emphasis here should be on cost-effective
App. 290
applications of institutional network ser-
vices which will result in cost savings for
the City.
2. Describe any provisions for assistance
(resources and equipment, financing plans,
etc.) to be offered to the City as it develops
municipal plans for innovative and poten-
tially cost-saving technologies, such as
remote computerized traffic control signals;
centralized energy management of munici-
pal buildings; information exchange
between City offices and constituents.
XI. Financial Resources and Commitments
Table of Contents
FINANCIAL RESOURCES Form XI-A
COMMITMENT TO REBUILD
EXISTING SYSTEMS Form XI-B
NEW BUILDING COMMITMENTS Form X1I-C
POTENTIAL BUILDING COMMITMENTS — Form XI-D
Form XI-A
FINANCIAL RESOURCES
Please describe in detail the financing plan for the con-
struction and operation of the proposed City of St. Paul
cable communications system. Proof of financial capa-
bility shall include the following:
1. Source of financing:
a. Equity —- What is the source and amount of equity
capital?
b. Primary Debt - What is the primary source and
amount of debt?
Cc.
App. 291
Secondary Debt - What is the secondary source
and amount of debt?
2. Terms of financing:
a.
Amount - Primary $ __ Period __
Amount - Secondary $ ____ Period __
Under what conditions is the financing to be
made available?
What interest rates? ___
What collateral is involved? —__
Who are the guarantors? __
Are there related agreements made in connection
with financing of this project?
Are there any limitations on the sale of stock by
individual holders in this project? Describe.
Are there any buy-out or buy-back stock provi-
sions? Describe.
Are there any assignments or intended assign-
ments of stock voting rights? If so, describe.
If applicant is (or includes) a multiple system
operator, will it agree to countersign the fran-
chise agreement if asked by the City?
App. 292
k. Is applicant organized as an IRS Subchapter S
corporation? If yes, what depreciation rate will
be used for tax purposes?
Documentation: Supply correspondence that assures
applicant’s financial viability, such as letters of com-
mitment from financial institutions, which will dem-
onstrate the availability of sufficient funds to
complete the construction of the City of St. Paul cable
communications system.
If applicant is a multiple system operator, give evi-
dence of the portion of the company’s line of credit
that is presently uncommitted and will be applied to
the construction of the City of St. Paul system.
If local investors are involved, list the amount of
equity contribution of each, plus the method by
which the contribution is paid (e.g., cash, cash plus
credit, services, etc.). Include financial commitment
documentation for each investor.
If applicant is a division or a subsidiary of an MSO,
provide the proposed debt instrument describing
“terms of payment.
If capital is to be raised by a parent company, provide
report for the parent company.
App. 293
Form XI-B
COMMITMENT TO REBUILD EXITING SYSTEMS
To be completed by all applicants franchised in other
communities.
Miles of committed Committed total
rebuilding capital costs
Rebuilding Plant Year 1 Year 2 Year 3 Year 4 Year 5
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
App. 294
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
(
Miles
Community Name
Cost
App. 295
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
TOTALS Year 1 Year 2 Year 3 Year 4 Year 5
Rebuild Plant-Miles
Rebuild Plant Cost
Form XI-C
NEW BUILDING COMMITMENTS
To be completed by all applicant franchise in other com-
munities.
Miles of committed plant Committed total capital costs
New Plant* Year 1 Year 2 Year 3 Year 4 Year 5
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
———
App. 296
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
App. 297
Miles
Community Name
Cost
( )
Miles
Community Name
Cost
( )
TOTALS Year 1 Year 2 Year 3 Year 4 Year 5
New Plant-Miles
New Plant Cost
* New plant includes the miles of committed plant and
construction costs for all recently awarded franchises which
may not have started construction and those other franchises
where building program is not complete.
" | ”
App. 298
Form XI-D
POTENTIAL BUILDING COMMITMENTS - CURRENT
FRANCHISE APPLICATIONS
To be completed by all applicants or parent organizations
applying for franchises in other communities. If addi-
tional space is needed, please reproduce this form.
Community Date of | Expected Estimated Estimated
in which Application Date of Plant Cost
franchise Award Mileage
sought 7
Community Name
Community Name
Community Name
Community Name
Total Estimated
Mileage & Cost
App. 299
XII. Financial Pro Forma Projections
Table of Contents
SUBSCRIBER AND REVENUE PROJECTIONS Form XII-A
ADDITIONAL REVENUE PROJECTIONS Form XII-B
SUBSCRIBER AND REVENUE DOCUMENTATION Form
XH-C
INCOME STATEMENT Form XII-D
SOURCES AND USES OF FUNDS Form XII-E
FINANCIAL PRO FORMA
DOCUMENTATION Form XII-F
ANTICIPATED CAPITAL EXPENDITURES Form XII-G
ESTIMATED CONSTRUCTION COSTS Form XII-H
DEPRECIATION SCHEDULE Form XII-I
DEPRECIATION JUSTIFICATION Form XII-J
PAYROLL EXPENSES Form XII-K
EXPENSES - YEARS 3, 5 AND 10 Form XII-L
SERVICES PURCHASED FROM PARENT
ORGANIZATION Form XII-M
EXPENSES - SUMMARY Form XII-N
———
App. 300
FINANCIAL PRO FORMA PROJECTIONS
A copy of Form XII-A should be completed for each
level or type of subscriber service to be offered (e.g., for each
service tier, pay service, home-interactive service, or other
subscriber service proposed by applicant).
Form XII-B should be completed for any additional
revenue sources projected by the applicant (e.g., institutional
network data services, local advertising, etc.).
For purposes of the financial pro forma, year one begins
on the date of MCCB certification. An average annual infla-
tion rate of 7 per cent shall be used in preparing financial
projections.
App. 301
Form XII-A
SUBSCRIBER AND REVENUE PROJECTIONS
YEAR
Households passed
by cable
Average subscribers
Avg. Additional
outlets
Avg. subscribers/
homes passed by
cable
Revenue per subscriber:
Service
Additional
outlets
Installation
Coverter/terminal
rental (if billed
separately)
Other (Describe)
Additional Revenue:
Service
Additional Outlet
Installation
Other (Describe)
TOTAL REVENUE FROM
THIS SERVICE
_
App. 302
Form XII-B
ADDITIONAL REVENUE PROJECTIONS*
YEAR
1234567891011 121314
Advertising sales
Channei leasing
Facilities & equip-
ment rental
Institutional
Network Services
Video Services ,
Data Services
Voice Services
Installation
Terminal/Modem
Rental
Other (Describe)
Other (Describe)
* List sources separately by category. Applicants must
provide rates and charges (See Section XI) for all projected
revenue sources
Ww
App. 303
Form XII-C
SUBSCRIBER AND REVENUE DOCUMENTATION
Using the figures of households provided in “Uni-
form Data” (Appendix C), explain how the subscriber
and penetration figures were obtained. In brief narra-
tive, describe the source of any additional informa-
tion and basis for projection.
Describe the basis for the projection of penetration
levels. Were any market surveys conducted? If so,
how were they conducted? Please furnish copy of
market studies.
For each source of revenue projected, describe how
the yearly revenue figures were obtained. In particu-
lar, explain any assumptions that link gross revenues
to the rates and charges presented in Section XI (e.g.,
implied levels of useage).
App. 304
Form XII-D
INCOME STATEMENT (in 000’s)
YEAR
1234567 89 10 11 12 13 14 15
Revenue’
less operating
expenses
Operating Income
less interest
less depreciation
Pre-tax income
less income taxes
plus lose carry forward
applied**
plus investment tax
credit applied**
Net income after tax
plus depreciation
Cash Flow
* Must agree with totals presented on Form(s) XII-A and
Form XII-B.
** If applicable. See Form XII-F.
App. 305
Form XII-E
SOURCES AND USES OF FUNDS (in 000’s)
YEAR
Sources of funds
Beginning cash bal.
Equity funds
Loans
Revenue
Total
Uses of funds
Capital expenditures
Operating expenses
Interst payments
Income taxes
Loan repayment
Dividends
Total
Avg. loan balance
Avg. interest rate
App. 306
Form XII-F
FINANCIAL PRO FORMA DOCUMENTATION
Present, in brief narrative form, applicant’s financial
goals. Specifically, include in a discussion financial
targets for operating income, pre-tax income, and
desired return. If Internal Rate of Return (IRR) or
Return on Investment (ROI) methods have been used
in analyzing this investment and setting financial
goals, what is the bsis for rate of return? How was the
rate of return calculated? On what investment base? If
the discounted cash flow method was used, what
items were considered as cash out-flows, in-flows?
What residual value was assumed for the system at
the end of the franchise period? What cost of capital
was used in calculating the net present value? If
alternative methods of analysis and goal-setting were
employed, please describe them.
Please describe how income taxes were computed.
Will federal income taxes be consolidated with a par-
ent company? If not, explain treatment of loss carry-
forwards and investment tax credits.
App. 307
Form XII-G
ANTICIPATED CAPITAL EXPENDITURES (in $000’s)
Antenna(s) & tower(s)
Microwave
Headend and hubs
Distribution
—Aerial
-Underground
-Pole arrangments
Drops & converters:
equipment on customer’s
premises (including
capitalized labor)
Buildings
—Headend
—Studio
—Offices
NOTE: Include projected replacement capitalization
where applicable. Year 1 begins on MCCB
App. 308
Form XII-G
(cont’d)
ANTICIPATED CAPITAL EXPENDITURES (in $000’s)
Leasehold improvements,
furniture, fixtures
Program origination”
—Remote mobiles
-Studios
—Equipment
* Must be consistent with totals on Form VI-H, Commit-
ment to Local Origination and Access Programming.
NOTE: Include projected replacement capitalization
where applicable. Year 1 begins on MCCB certi-
fication.
Form XI-G
(cont’d)
ANTICIPATED CAPITAL EXPENDITURES (in $000’s)
Land
Test equipment, tools,
spare parts & inventory
Vehicles
Pre-operating
Engineering
Pay-cable related
equipment
Capitalized overhead”**
Institutional network***
Other****
TOTAL
** Discuss and describe the method(s) used in determining
capitalized overhead applicable to the system.
*** Must be consistent with total on Form XII-G, Institu-
tional Network Detail.
**** Describe other capital expenditures.
NOTE: Include projected replacement capitalization
where applicable. Year 1 begins on MCCB certi-
fication.
App. 310
Form XII-G
(Cont'd)
ANTICIPATED CAPITAL EXPENDITURES (in $000’s)
INSTITUTIONAL NETWORK DETAIL
Antenna(s) & tower(s)
Microwave
Headend and hubs
Distribution
~—Aerial
—Underground
—Pole arrangements
Equipment on customer’s
premises (including
capitalized labor)
—Drops
—Converters
—Modulators
—Other terminal
equipment*
—Other*
* Describe other capital expenditures.
NOTE: Include projected replacement capitalization
where applicable. Year 1 begins on MCCB certi-
fication.
Form XII-G
(cont’d)
ANTICIPATED CAPITAL EXPENDITURES (in $000’s)
INSTITUTIONAL NETWORK DETAIL
Buildings
—Headend
-Studio
—Offices
Leasehold improvements,
furniture, fixtures
Program origination
-Remote mobiles
-Studios
—Equipment
Land
Test equipment, tools,
spare parts & inventory
Vehicles
Pre-operating
Engineering
Capitalized overhead**
Other***
TOTAL
** Discuss and describe the method(s) used in determining
capitalized overhead applicable to the system.
*** Describe other capital expenditures.
NOTE: Include projected replacement capitalization
where applicable. Year 1 begins on MCCB.
App. 312
Form XII-H
ESTIMATED CONSTRUCTION COSTS
Item Aerial Underground
Distribution Cost Per Mile
Make Ready
Engineering
Labor
Hardware & Strand
Cable
Electronics
Other
Total Cost Per Mile
Cost Per Drop —- Subscriber
Network Drops
APAAHAHA HHH
Drop Material
Labor
Converter
Total Cost Per Drop
Cost Per Drop - Institutional
Network Drops
Drop Material
Labor
Terminal Equipment
Total Cost Per Drop
FA AHA
Please describe the assumptions used in deriving average aerial
and underground construction estimates.
If more than one type of converter will be used for subscriber
drops, please provide estimates of converter cost and percentage
of subscribers for each converter type.
App. 313
Please detail assumptions regarding terminal equipment, cost
and percentage of users for each type of terminal equipment
projected.
Form XIlI-lI
DEPRECIATION SCHEDULE (in $000’s)
YEAR
Antenna(s) & tower(s)
Microwave
Headend and hubs
Distribution
—Aerial
—Underground
-Pole arrangements
Drops
Converters
Buildings
—Headend
—Studios
—Offices
Leasehold improvements
Origination equipment
-Remote mobiles
-Studios
—Equipment
App. 314
Form XII-l
(cont’d)
YEAR
1234567 89 10 11 12 13 14 15
Test equipment, tools,
& spare parts
Vehicles
Pre-operating
Engineering
Pay-cable related
equ i pment
Capitalized overhead
Institutional network*
Other (detail)
TOTAL
* Must be consistent with totals shown on Form XII-I, Institutional
Network Detail.
App. 315
Form XII-I
DEPRECIATION SCHEDULE (in $000’s)
INSTITUTIONAL NETWORK DETAIL
Antenna(s) & tower(s)
Microwave
Headend and hubs
Distribution
Aerial
-Underground
-Pole arrangements
Drops
Converters
Buildings
~Headend
-Studios
—Offices
Leasehold improvements
Origination equipment
-~Remote mobiles
-Studios
-Equipment
9
YEAR
3456789 10 11 12 13 14 15
App. 316
Form XII-I
(Cont’d)
DEPRECIATION SCHEDULE (in $000’s)
YEAR
Test Equipment, tools,
& spare parts
Vehicles
Pre-operating
Engineering
Capitalized overhead
Other (detail)
TOTAL
* Must be consistent with totals shown on form XH-I, Institutional
Network Detail. ¢
App. 317
Form XII-]
DEPRECIATION JUSTIFICATION SHEET
Item Depreciation Life (Years)
P= WwW
JT
NS]
Antenna(s) & Towers
Microwave
Headend
Earth Station
Distribution
a. Aerial
b. Underground
c. Pole arrangement
Drops
Converters
Buildings
a. Headends
b. Studio
c. Offices
Leasehold improvements,
furniture, Fixtures
Origination equipment
Test equipment, tools,
spare parts, and inventory
Vehicles
Pre-operating
Engineering
$5.
16.
17.
App. 318
Pay cable converters (and
related equipment)
Capitalized payroll
Other (detail)
Form XIlI-j
DEPRECIATION JUSTIFICATION SHEET
INSTITUTIONAL NETWORK DETAIL
Item
Depreciation Life (Years)
ee Poe iS
Antenna(s) & Towers
Microwave
Headend
Earth Station
Distribution
a. Aerial
b. Underground
c. Pole arrangement
Drops
Subscriber premises
equipment
a. Converters
b. Other terminal equip-
ment
Buildings
a. Headends
b. Studio
c. Offices
App. 319
9. Leasehold improvements,
furniture, Fixtures
10. Origination equipment
11. Test equipment, tools,
spare parts, and inventory
12. Vehicles ;
13. Pre-operating
14. Engineering
15. Capitalized payroll
16. Other (detail)
Form XII-K
PAYROLL EXPENSE
Under each category below, specify actual titles of anticipated
personnel (e.g., system manager under General & Administra-
tive; access coordinator under Origination; etc.). In the paren-
theses ( ), indicate the equivalent number of full-time employees
for each category for Years 1, 3, and 5 (e.g., an entry might
appear as $97,500 (7)-indicating seven employees receiving a
total of $97,500 in that particular year).
A A ee ee ee ee ed
Year 10
CE PRL PLP PPO a EE ce EE ce, EE ce, EE ce, TE cee, TE ee, ee, ee,
~~" ~" ~-" ~"" ~"" ~~ ~~" ~~" ~- ~"" ~"" ~"" ~" ~—" ~~ ~" ~~ ~~ ~"" ~-
Year 5
Fa EE ee EE ce, EE ce, ee, VE ce, ee, ee, ee ee, ee, ee, ee, ee, ee
a d eee eee ee”
Year 3
App. 320
ANNUAL SALARIES AND WAGES (in $000s)
Category
KI NM FM CO KR DW WH
Origination
Plant
—
—
—
A.
B
App. 321
C. General & Administrative
1. ( )
2. ( )
3. =
4. ( )
5. ( )
6. ( )
7. ( )
8. ( )
9. ( )
10. ( )
D. Other
1. ( )
Z ( )
—~ —_ _ — ~~ —~ —_ ~~
NOTE: Year 1 begins on MCCB certification.
App. 322
Form XIII-L
EXPENSES - YEARS 3, 5 AND 10 DETAILED PROJECTIONS
Category
Year 3 Year 5 Year 10
Pr re eS oP
_
So
11.
Plant:
Salaries
a. Overtime
Employee Benefits
Maintenance (General)
Converter Maintenance
Other Termina] Maintenance
Pole & Site Rentals
Power
Vehicle Expense
Rent
. Payroll and Expenses
Capitalized
Other*
TOTAL PLANT
Please describe all assumptions made to develop operating
expenses such as power cost per mile, number of subscribers per
general and administrative clerk or technician, leasing cost per
vehicle, etc.
* For all “Others” categories of a particular total operating cost,
specify the individual components that make up the “other” category
and document these expenses.
App. 323
Form XII-L
(Cont’d)
Category Year 3 Year 5 Year 10
B. Origination Expenses:
Salaries
Overtime
Benefits
Rent
Maintenance Gntie
Vehicle Expenses
oe oer ee a Se
Common Carrier
(Terrestial)
8. Local Program Materials
a. Tape Stock
b. Film
c. Misc. Supplies a
9. Satellite Signals+
a. Independents
b. Other
c. Pay Cable
10. Stand-alone Program
Material
a. Film Service
b. Other Nonautomated
c. Automated
Programming
a
App. 324
11. Promotion (LO & Access)
12. Other Miscellaneous++
* List all signals imported and their corresponding annual cost
(i.e. WTBS-$__, MSG-$__, UPI-$__).
++ List separately.
Form XII-L
(Cont'd)
Category Year3 Year5 Year 10
C. General, Selling & Administrative
Expenses:
1. Salaries
a. Overtime
Benefits
Light, Heat & Power
Vehicle Expenses
Rent
Travel & Entertainment
Contributions
Professional Services
Yr = eS FS Pe
Stationary & Supplies
—_
i)
. Postage & Freight
—"
—
. Advertising & Promotion
—_
N
. Telephone & Telegraph
—
WwW
. Sundry Office Expenses
App. 325
14. Insurance
15. Bad Debt Accounts
16. Start-up Expenses
17. State & Local Taxes
18. Franchise Fees
19. License & Permit Fees
(Local)
20. Copyright Payments
21. Service purchased from
parent company”
22. Payroll & expenses
capitalized
22. Other**
* If applicable, fill in Form XII-M in complete detail.
** For all “other” categories of a particular total operating cost,
specify the individual components that make up the “other” category
and document these expenses.
NOTE: Year 1 begins on MCCB certification.
Form XII-M
SERVICES PURCHASED FROM PARENT ORGANIZATION
(if applicable)
(Note: if the applicant owns more than one cable system,
describe the basis to be used for allocating corporate overhead.
For example, perhaps all overhead pool costs are allocated to
systems on the basis of a ratio of system subscribers to total
company subscribers. From current experience, show total
amount of corporate overhead to be shared by all systems.] (Use
additional sheets if necessary.)
App. 326
YEAR
Management Services
Legal
Accounting
Customer Billing
Programming
Other (Please Detail)
TOTAL
Form XII-N
EXPENSES-SUMMARY (in 000s)
YEAR
Preoperating 1234567891011 12 13 14 15
Plant
Technical Salaries
and Benefits
Other
Subtotal
|
App. 327
Origination
Program Production
Salaries & Benefits
Other
Subtotal
GS&A
Salaries & Benefits
Other
Subtotal
TOTAL
Note: Year 1 begins on MCCB certification.
Form XII-M
SERVICES PURCHASED FROM PARENT ORGANIZATION
(if applicable)
(Note: if the applicant owns more than one cable system,
describe the basis to be used for allocating corporate overhead.
For example, perhaps all overhead pool costs are allocated to
systems on the basis of a ratio of system subscribers to total
company subscribers. From current experience, show total
amount of corporate overhead to be shared by all systems.] (Use
additional sheets if necessary.)
Note: Year 1 begins on MCCB certification.
App. 328
YEAR
Management Services
Legal
Accounting
Customer Billing
Programming
Other (Please Detail)
TOTAL
XIII. Proposed Rates
Table of Contents
PERIOD OF RATE STABILITY Form, XIII-A
RATES-BASIC SERVICE Form XIII-B
RATES-PAY SERVICE Form XIII-C
RATES-HOME INTERACTIVE SERVICE Form XIII-D
RATES-STUDIO AND EQUIPMENT USAGE Form XIII-E
RATES-INSTITUTIONAL NETWORK SERVICE Form XIII-F
RATES-OTHER ; Form XIII-G
Ee
App. 329
Form XIII-A
PERIOD OF RATE STABILITY
Does applicant guarantee that no changes in any rates will be
made until after two years from the date of initially providing
cable communications service or when company has completed
the first and second years of system construction, whichever is
longer? { ] Yes [ }] No
(BA TO CHANGE)
(Authorized Signature)
If other, please state.
Explain the factor or indicator that might be used in reaching a
decision to increase rates for any of the proposed services.
Form XIII-B
RATES -— BASIC SERVICE
Rate Schedule: Consideration will be given to applicants with
the most reasonable installation and subscriber rate schedule
that is at the same time justified in the financial pro forma
statements by use of realistic levels of penetration.
List below the initial installation charges and rates for
basic services. If more than one tier or service is
offered, use a separate sheet for each tier. Explain
clearly any combination of basic services provided in
each level of basic service (e.g., level 2 includes level 1,
etc.) H
Note any depos ts required, explaining amount, pur-
pose and terms ve conditions of such deposits.
Indicate any conditions under which any of the charges
described below may be waived or discounted.
i
3 oe
3
App. 330
Describe any projected rate increases, detailing the fac-
tors you considered in planning these increases.
TIER IDENTIFICATION MONTHLY RATE
INSTALLATION CHARGE
Residential
First TV Outlet
Additional TV Outlets, each
FM (with TV)
FM (separate)
Converter* (Deposit $___)**
Relocation
Reconnection
Apartment — Bulk Rate
(Describe conditions)
Commercial
Government and Educational
Facilities “
* Complete if billed separately; describe terms and conditions if
lease or purchase options are proposed.
** If deposit is required for converter, state amount and describe
conditions relating to ownership, use, repair and replacement.
‘
‘
Form XIII-C
RATES — PAY SERVICES
Detail proposed rates\that will be charged for pay cable
services. Include charge, if any, for lock-out devices and
equipment installation. Indicate whether charges are
monthly or assessed on a one-time basis. Also indicate
whether charges are on a per-household or per-installa-
tion basis. Note any conditions under which any of the
charges described may be waived or discounted. Note
any difference in rates or service availability that depend
upon a subscriber’s level of basic service or type of
converter.
Form XIII-D
Pre,
RATES - HOME INTERACTIVE SERVICE
List below proposed rate schedule of home interactive
services, indicating type of service, installation, monthly
and/or usage rates, unites of charge, and converter/
terminal charges for any home interactive services pro-
jected on Form X-A. Note any conditions under which
any of the charges describe may be waived or discounted.
Form XIII-E
RATES - STUDIO AND EQUIPMENT USAGE
Describe studio and equipment usage rates for commer-
cial and noncommercial users. Include rates for such
services as studio production time, remote production
time, supervision and instruction, system playback costs,
ea eee aii
App. 332
and editing costs. Note any conditions under which any
of the charges described may be waived or discounted.
Form XIII-F
RATES - INSTITUTIONAL NETWORK SERVICE
List below any proposed rate schedule for institutional
network including:
a. commercial and noncommercial rates for
video, voice and data uses;
b. installation charges;
c. rates for terminal equipment including
installation, use, deposits, etc.; and
d. any other rates relating to the institutional
networks.
Note any conditions under which any of the charges
described may be waived or discounted.
Form XIII-G
RATES - OTHER
Channel Leasing Rates: Please describe the proposed pol-
icy for channel leasing. Detail terms and conditions as
well as charges for commercial and noncommercial users.
Advertising: Describe all proposed advertising policies
and rates.
Other Rates or Policies Not Mentioned Above: Describe
rates and/or any charges for any other revenue sources
listed on Form XI]I-B.
App. 333
XIV. Construction and Service Schedule
Table of Contents
CONSTRUCTION SCHEDULE AND
LINE EXTENSIONS
CONSTRUCTION SCHEDULE BY
AREA
CONSTRUCTION SCHEDULE BY
MILEAGE: SUBSCRIBER
NETWORK
CONSTRUCTION SCHEDULE BY
MILEAGE:
INSTITUTIONAL NETWORK
UNDERGROUNDING POLICY
CONSTRUCTION PRACTICES
Form XIV-A
Form XIV-B
Form XIV-C
Form XIV-D
Form XIV-E
FORM XIV-F
Form XIV-A
CONSTRUCTION SCHEDULE AND LINE EXTENSIONS
Attach an overlay to the map provided indicating the
boundaries of the service area to be constructed in each
year of construction.* Also state your policy regarding
the installation of service drops over 200 feet in length.
NOTE: Year 1 begins with State certification of the franchise.
App. 334
Form XIV-B
CONSTRUCTION SCHEDULE BY AREA
(SUBSCRIBER NETWORK ONLY)
Referencing the uniform housing data provided by the
City, show the proposed schedule of system construction
by planning districts.
Year Planning District Nwmbers
NOTE: Year 1 begins with State certification of the franchise.
App. 335
Form X IV-C
CONSTRUCTION SCHEDULE BY MILEAGE
(Subscriber Network Only)
Category Year 1
a. Aerial plant miles
Year 3 Year 4
b. Underground plant
miles with conduit
c. Underground plant
miles w/o conduit
d. Total plant miles
(for year specified)
e. Cumulative plant miles
completed (inception
to date) -
f. Cumulative percentage
completed (inception
to date)
Total construction period:
chise grant.
months from date of fran
NOTE: Year 1 begins with State certification of the franchise.
ee
App. 336
Form XIV-D
CONSTRUCTION SCHEDULE BY MILEAGE
(INSTITUTIONAL NETWORK ONLY)
Category Year 1 Year 2 Year 3 Year 4
a. Aerial plant miles
b. Underground plant
miles with conduit
c. Underground plant
miles w/o conduit
d. Total plant miles
(for year specified)
e. Cumulative plant miles
completed (inception
to date)
f. Cumulative percentage
completed (inception
to date)
Total construction period: ___ months from date of fran-
chise grant.
NOTE: Year 1 begins with State certification of the franchise.
From XIV-E
UNDERGROUNDING POLICY
Describe the policy proposed for undergrounding cable
when required by the franchising ordinance, including
cost-sharing with other utilities and proposed arrange-
ments with residential developers.
App. 337
Indicate whether any undergrounding with occur where
utilities are not undergrounded. Indicate criteria for
determining whether underground cabie with require
conduit, or can be buried directly.
Form XIV-F
CONSTRUCTION PRACTICES
1. System Construction
a. Will construction by undertaken by turnkey con-
tractor? () Yes () No
b. If “yes”:
(1) Has turnkey contractor been selected?
() Yes () No
(2) Who is turnkey contractor?
nN
Discuss availability of work crews and equipment to
ensure compliance with construction schedule. Detail
outstanding agreements with construction companies
or equipment suppliers. Supply copies of any com-
mitments regarding this particular project.
3. Discuss proposed construction standards dealing
with safety and reliability. List construction codes
which will be followed.
4. List of discuss standards to be followed regarding
tower construction, marking and lighting.
5. Do you have a manual of construction practices to be
followed by construction crews?
() Yes () No
If “yes,” attach a copy of the manual as an appendix
to official record copy of this application. Applicants
will be required to make additional copies of the
manual available upon City request. \
*It is expected that the franchisee will submit a copy of the
turnkey draft contract to the City prior to execution.
App. 338
XV. System Design
Table of Contents
PROPOSED SYSTEM DESIGN -
SUMMARY
DISTRIBUTION SYSTEM
HEADEND DESIGN AND SIGNAL
SOURCES .
SYSTEM INTERCONNECTION
SERVICE LEVEL SEPARATION
REGIONAL INTERCONNECT
HOME INTERACTIVE SERVICES
HOME SECURITY SERVICE
STATUS MONITORING
EMERGENCY ALERT SYSTEM
CHANNEL CAPACITY TO & FROM
SUBSCRIBERS (SUBSCRIBER NETWORK)
INSTITUTIONAL NETWORK DESIGN
EXPANSION CAPABILITY
TECHNICAL STANDARDS
SYSTEM MAP AND BLOCK DIAGRAM
Form XV-A
From XV-B
From XV-C
Form XV-D
Form XV-E
From XV-F
Form XV-G
Form XV-H
Form XV-I
From XV-J
Form XV-K
Form XV-L
Form XV-M
Form XV-N
Form XV-O
a.
App. 339
Form XV-A
PROPOSED SYSTEM DESIGN - SUMMARY
Strand Miles
Mileage
(1) Subscriber Network - basic subscriber system
Conform to totals on From XIII-C)
(a) Single cable? [ ]
or
(b) dual cable? [ ]
(2) Institutional Network
(if separate institutional cable)
(3) Other (explain)
Design Type
Briefly describe the type of layout that will be used to
provide to the franchise area. (EXAMPLE: “hub sys-
tem linked by AML, radial trunk layout using a
remote headend interconnected by super trunk, dual-
trunk, dual-feeder and separate institutional network,
each using 400MHz equipment.”) Indicate any use of
fiber optics in the system.
App. 340
Form XV-B
DISTRIBUTION SYSTEM
1. Describe distribution system, cable and equipment.
Give manufacturer, type and model number for the
following.*
PLEASE NOTE: If any equipment proposed from use
(in this or other sections of Form XV) is not presently
available for purchase, this fact must be indicated
(e.g., converters in development but not yet avail-
able).
Cable:
Aerial
Buried
Drop
Active Electronics:
Trunk Amplifiers
Bridging Stations
Line Extenders
Power Supplies
Standby Power Supplies
Distribution System
Institutional System
Alarm System
Converters
Addressable Taps
Other
App 34]
Passive Electronics:
Splitters
Power Combiner
Subscriber Taps
Connectors
Other
N
What will be the longest amplifier cascade in the
proposed system?
Number of amplifiers
Number of miles
Type of cable:
"It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
Form XV-C
HEADEND DESIGN AND SIGNAL SOURCES
1. Describe headend design and reception facilities
(including make and model numbers of antennas,
signal processor, modulators, demodulators and FM
processors).* Indicate whether signal studies or mea-
surement programs have been undertaken in select-
ing the proposed site(s)
a. Will HRC or IRC channelization be used?
[] HRC [] IRC [ ] No
b. Will common video synchronization be used?
[ ] Yes [ ] No
c. Will individual FM radio signal processing be
used?
[ ] Yes [ ] No
App. 342
2. Describe plans to operate or contract for transmission
services using the following bands.
a. Common Carrier
b. Cable Television Relay Service (CTRS)
c. Multipoint Distribution Service (MDS)
d. Other
3. Describe plans to operate or contract for any satellite
earth station(s) including appropriate technical speci-
fications (e.g., size of antenna; manufacturer of
antenna; low-noise amplifier make, model number
and noise figure; receiver make and model number;
standby power; etc.).*
a. Has frequency coordination study been per-
formed? [ ] Yes [ ] No
b. Have on-site measurements been made? If “yes,”
to (a) and/or (b), attach copy(s) as an appendix to
this application. [ ] Yes [ ] No
c. Will earth stations be protected by FCC license?
{ ] Yes [ ] No
4. Describe plans for standby power at the headend,
hubs and satellite terminal. Give make and model of
equipment, as well as time capacity. Indicate whether
environmental system(s) (i.e., air conditioning and
lighting) are to be powered during standby condi-
tions.*
5. Describe the equipment to be used for programming
any automated channels, including make and model
numbers.*
*It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
App. 343
Form XV-D
SYSTEM INTERCONNECTION
1. Interconnection between headend and hubs:
Microwave
(a) Describe the type of microwave* and indicate
whether spectrum availabities have been deter-
mined to support the use of this equipment.
(b) Number of channels:
Downstream Upstream
(c) Frequency spectrum: MHz
(d) Estimated power: — a
Cable
(a) Describe the size and type of trunk cable (list
make and model number) gfe
(b) List interconnection equipment (amplifiers, etc.),
giving modulation technique to be used
(c) Frequency spectrum:
Downstream channels MHz
Upstream channels MHz
(d) Initial activation:
Downstream channels -MHz
Upstream channels -~MHz
Other
Describe any other interconnection mechanisms
intended to provide either improved perfor-
mance or better operational flexibility.
"It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
App. 344
Form XV-E
SERVICE LEVEL SEPARATION
1. Will converters be initially provided to all sub-
scribers, for all tiers of basic service?
[ ] Yes [ ] No
If “no,” explain under what condition converters will
be made available.
2. Pay Cable Isolation
Describe design specifications for the delivery of pay
cable television, including methods of security (e.g,
negative or positive traps, sync suppression, address-
able converters, etc.)
3. Tier Isolation
If more than one basic service tier is to be provided,
describe how lower tier subscribers wil! be isolated
from receiving upper tier programming.
Form XV-F
REGIONAL INTERCONNECTION
Describe plans for interconnection with other broadband
telecommunications systems. Include technical plans for
interconnection, detailing how the applicant will ensure com-
patibility with other systems along with details about bud-
gets and channels that will be allocated for interconnection.
Indicate any existing agreements that bear on the matter of
regional interconnection. Applicants are encouraged to
review channel allocations of systems that are adjacent to St.
Paul and to place access and other channels in the same
locations as on these adjacent systems to facilitate intercon-
nection. Applicants should be familiar with Minnesota Cable
Communications Board rules relating to areawide intercon-
nection requirements (4 MCAR Chapter 12 § 4.166 through
4.190).
App. 345
Form XV-G
HOME INTERACTIVE SERVICES
Describe any headend electronic and/or subscriber termi-
nal equipment* that will be initially installed or offered
for immediate installation which will support pay-per-
view, energy management, text display, polling or other
sophisticated home interactive services. Indicate firm
dates for the introduction of any services that are
described but which are not to be initially available
Itemize any arrangements made or agreements reached
that bear directly on the programming sources and/or
data bases/software needed in connection with the
optional services described in this section of the applica
tion
The technical plan that you present for home interactive
services should complement the development presented
in Section VII
*It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment
App. 346
Form XV-H
HOME SECURITY SERVICE
1. If proposed, describe home security service to be
installed include make and model numbers).*
2. Will this service be immediately available as each
portion of the cable network is activated?
[ ] Yes [ ] No
If not, when and on what basis will such service be
made available?
3. Will a separate staff be provided to operate the alarm
service or will cable service personnel be shared
among the operating divisions? Will contract
employees be used? Explain.
*It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
Form XV-I
STATUS MONITORING
Is status monitoring of system to be employed?
[ ] Yes [ ] No
If “yes,” describe, in detail, the status-monitoring system
you plan to use.*
*It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
App. 347
Form XV-J
EMERGENCY ALERT SYSTEM
Describe proposed Emergency Alert System including
make and model numbers of equipment. Indicate
whether system will override all audio and video chan-
nels or only audio channels.* Also indicate how the sys-
tem will be activated and from where.
*It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
Form XV-K
CHANNEL CAPACITY TO AND FROM SUBSCRIBERS
1.
(SUBSCRIBER NETWORK)*
Downstream:
(a) Frequency spectrum** __-MHz
(b) Channel capacity
(c) Channel capacity initially
activated ane
Upstream: 7
(a) Frequency spectrum** __-MHz
(b) Channel capacity
(c) Will upstream be initially
activated from all subscribers?
If “no,” indicate when, under what circumstances, and
how future capacity will be provided.
(a) When and under what circumstances?
(b) How?
App. 348
4. If “yes,” please explain. Discuss the channelization
scheme proposed for upstream traffic. Also, discuss
any provisions made to circumvent unwanted signal
ingress (“noise”) in the upstream path.
5. Discuss the capacities proposed for both upstream
and downstream use in terms of projected service
demand. Specifically, does the proposed allocation
make adequate allowance for both current down-
stream demand and potential future upstream
demand? How do the allocations relate to the home
interactive services proposed by the applicant?
6. Attach a summary spectrum utilization chart for each
activated subscriber cable in the proposed system.
*It will be presumed that equipment described or its equivalent
will be used in actual construction. As an alternative, applicant
may provide detailed specifications for such equipment.
**Discuss frequency spectrum and channel capacity, noting in
paiticular any technical barriers that might result in a useable
channel capacity below that cited in (b).
Form XV-L
INSTITUTIONAL NETWORK DESIGN
1. Is a separate institutional cable to be constructed or
will institutional channels be carried in some other
way?’ Explain. Discuss the advantages of the method
that you propose.
2. Channel capacity to and from institutions (Institu-
tional Network).
Downstream:
(a) Frequency spectrum __-MHz
(b) Channel capacity
(c) Number of channels to be
initially activated?
App. 349
Upstream:
(a) Frequency spectrum (per cable) __-MHz
(b) Channel capacity
(c) Channel capacity to be
initially activated? —
Attach a summary spectrum utilization chart for each
activated institutional cable in the proposed system.
Describe, in detail, when, under what circumstances,
and how capacity will be provided to institutions. In
particular, address the following areas:
e Headend and hub equipment to be installed
initially for institutional services. Indicate
specifically how video, voice and data com-
munications services will be provided.
e User-premises equipment that will be avail-
able initially. Indicate the proposed policy for
providing and maintaining specialized termi-
nal and interface equipment.
e Additional equipment that will be installed on
a modular basis in the future to increase the
range of institutional services.
e Any technical features that ensure informa-
tion privacy and security.
e Method of providing user access to the Insti-
tutional Network, for both transmission and
reception capability.
e The plan for network construction and activa-
tion including descriptive and explanatory
references to any “shadow cable” that is pro-
posed for the institutional network. Will the
institutional network trunk routing follow
that of the subscriber network?
App. 350
The technical plan presented for the institutional net-
work should complement the development plan pre-
sented in Section VIII.
*Discuss frequency spectrum and channel capacity, noting in
particular any technical barriers that might result in a useable
channel capacity below that cited in (b).
Form XV-M
EXPANSION CAPABILITY
Discuss expansion capability of the subscriber and insti-
tutional networks with regard to both the short-term and
the long-term, including specific references to the degree
of flexibility for adapting the proposed system to increas-
ing or changing capacity requirements.
Form XV-N
TECHNICAL STANDARDS
List the key system technical performance standards
which will be met by the proposed cable television sys-
tem. Include at least carrier-to-noise ratio, composite tri-
ple beat and cross modulation specifications. Provide
calculations supporting these specifications associated
with the following transmission paths.
e Worst-case satellite received signal to furthest sub-
scriber, including distribution system and super
trunk effects.
e Worst-case off-air signal to furthest subscriber,
including distribution system and super trunk
effects.
App. 351
e Worst-case furthest institutional originator to furthest
subscriber, including upstream path, distribution system
and longest super trunk effects.
All calculations should be related to full loading of unmodu-
lated television signals. Any enhancements such as HRC
channelization, synchronous carriers or FM video
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