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O88-34ORDINANCE NO. 88-34 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING A RENEWAL OF A NON-EXCLUSIVE LICENSE TO COMCAST CABLEVISION OF WEST PALM BEACH, INC., A DELAWARE CORPORATION, TO OPERATE A COMMUNITY ANTENNAE TELEVISION SYSTEM WITHIN THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON BEACH; PROVIDING FOR THE TERMS OF SAID LICENSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, COMCAST CABLEVISION OF WEST PALM BEACH, INC., a Delaware Corporation, has requested a renewal of a non-exclusive license to furnish cable television to certain areas of the City of Boynton Beach, Florida; and WHEREAS, the City Commission has determined that it is in the best interests of the municipality to authorize installation and operation of a community antennae television system for the use of residents and inhabitants of said City; and WHEREAS, all provisions set forth in Ordinance No. 68-17 and Resolution Nos. 82-Q and 87-K which do not conflict with provisions contained in this Ordinance or are not addressed in the franchise renewal provisions shall remain in full force and effect where allowed by Federal and State laws and regulations; and WHEREAS, the proposal attached to this Ordinance as Exhibit "A" has been reviewed by the City Commission; and WHEREAS, a review of the application is found to be in conformity with the provisions of Chapter 7 of the Code of Ordinances, City of Boynton Beach, Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Comcast Cablevision 'of West Palm Beach, Inc., has submitted an application to renew the privilege of conducting community antennae television systems within the City of Boynton Beach (said application is attached hereto as Exhibit "A" of said Ordinance and made a part hereof by reference). Said Comcast Cablevision of West Palm Beach, is hereby granted and awarded a non-exclusive license to construct, license, operate and maintain a community antennae television system within the City of Boynton Beach for a period of twenty (20) years from the effective date of this Ordinance in strict compliance with the terms and provisions of the aforesaid application and in strict accordance with the provisions of Chapter 7 of the City Code of Ordinances, City of Boynton Beach, Florida, which provisions are hereby adopted by reference and made a part of this Ordinance and license hereby awarded. Section 2. City Commission's Continuing Right to Adopt Ordinances and Regulations. A. The City Commission may adopt by Resolution or Ordinance standards governing the operation of cable television systems and facilities and equipment in this City. Such standards shall apply to and shall govern the operations of the grantee of any franchise granted pursuant to Chapter 7 of the City Code of Ordinances and are expressly declared a part of any such franchise. B. Notwithstanding any provision~of Ch'apter 7 to the contrary the City Commission may increase the technical standards required of the grantee's operation at any time during the life of the franchise reasonably related to the state of the art then prevailing so long as such technical standards do not conflict with the then effect of Federal Communications Commission regulations or guidelines. Section 3. Franchise Fees. The grantee shall pay the grantor a franchise fee equal to the highest percentage allowed by federal law of the grantees gross annual revenues received from the residents of the City of Boynton Beach. Section 4. Other petitions and applications. Copies of all petitions, applications, communications and reports submitted by a licensee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters effective cable television operations authorized pursuant to a license shall be provided simultaneously to the office of the City Manager. Section 5. Annual Report No later than ninety (90) days after the end of the fiscal year of the licensee the licensee shall submit a written report to the City which shall include: 1. A summary of the previous year's activities and development of this system, including but not limited to services began or dropped and subscribers gained or lost. A statement of income covering the last fiscal year. 3. A projected estimate of construction for the next two years in terms of plant miles to be built. 4. A reconciliation between previously projected estimates of plant miles and actual results. 5. A list of officers and members of the board of the licensee and the parent corporation. Section 6. Responsibilities of the licensee. The licensee or any of his agents or employees shall not sell or otherwise make available to any party without consent of the residents: 1. Lists of the names and addresses of subscribers. 2. Any list which identifies the viewing habits of individual subscribers identified by name, address or other techniques which would alloW identification of an individual or household. This section does not prohibit the franchisee Commission. Manager in programming. from providing composite ratings of subscriber viewing to any part. Section 7. Construction and technical standards. Franchisee shall designate by map its current service area and provide a proposed schedule of construction as appropriate. The timetable for any construction shall be specified thirty (30) days prior to commencement of said construction. In general the franchisee shall place all cable distribution plants below ground. In those sections of the City where the electric and telephone utilities maintain overhead distribution facilities the poles supporting such facilities may be utilized by the franchisee to the extent authorized by the utilities. Section 8. Public Educational and Government Channels. (PEG) A. Within six (6) months after the effective date of this Ordinance, one Channel shall be activated and available for government and public educational programming. The use of the Channel may be made through the office of the City Manager, unless or until said authority is designated to another city office or board by resolution of the City Cable operators shall cooperate with the City showing educational and public government B. The Cable Operator shall have available for use as set forth herein, and except as allowed pursuant to rules and regulations later adopted, one (1) public, educational, and government programming and access Channels. The City Manager shall develop criteria for the use of such Channels and the Cable Operator's use of such Channels when not needed for public, educational, or government programming and access. In no case shall the Channel implementation schedule be more stringent than the following formula: A Public, Educational, and Government Access Channel shall be available within the time set forth in Subsection A. above. At such time as eighty percent (80%) of the available time between 8 A.M. and 10 P.M. is utilized for locally produced Public, Educational, and Government Access programming on the then-used Channel for a period of six (6) consecutive months, an additional Channel will be made available for public, educational, and government access use upon written notice to the City requesting same. C. The activated PEG channels shall be interconnected with other activated PEG channels provided by other Grantees operating in the City upon six (6) months notice from the City to the Cable Operator, provided such interconnection is technically and economically feasible. Section 9. Compliance with State and Federal Laws. A. Notwithstanding any other provisions of this Ordinance or the license to the contrary, a licensee shall at all times comply with all laws and regulations of the State and Federal governments or any administrative agencies thereof; provided, however, if any such State or Federal law or regulation shall require a licensee to perform any service, or shall permit a licensee to perform any service, or shall prohibit a licensee from performing any service in conflict with the terms of this lic~ns~.~ or of any law or regulation of the City, then as soon as possible following knowledge thereof the licensee shall notify the City of the point of conflict believed to exist between such regulation or law and the laws or regulations of the City and of this Ordinance and the License Agreement. B. If the City determines that a material provision of this Ordinance is affected by any subsequent action of the State or Federal government, the. City and the licensee shall renegotiate the terms of the License Agreement to carry out its intent as much as possible. Section 10. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 11: Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 12: This ordinance shall become effective immediately upon passage. FIRST READING this 5th day of July, 1988. SECOND, FINAL READING and PASSAGE this ~~ , 1988. day of CITY OF BOYNTON BEACH, FLORIDA Vice Mayor~ Commi~i6fier Commissioner ATTEST: (Corporate Seal) Commissioner 6 Comcast Cable Communications, Inc. Southeast Regional Office 900 South U.S. Highway # 1 Jupiter, Florida 33477 (305) 744-3900 COMCAST February 18, 1988 Mr. Peter L. Cheney City Manager CITY OF BOYNTON BEACH 120 East Boynton Beach Boulevard Boynton Beach, Florida 33435 FEB ~3 ~ CiTY MANAGER'S Dear Mr. Cheney: In accordance with Section 626 of the Cable Communications Policy Act of 1984, Comcast Cablevision of West Palm Beach, Inc. is herewith requesting a 20-year renewal of our franchise to provide cable television service to the residents of the City of Boynton Beach. The current franchise expires in August of this year. Accompanying this request is Comcast's proposal to completely rebuild the entire cable television system. Our commitment to undertake the multi-million dollar project is part of our renewal request, because the project cannot go forward without prior approval of Comcast's renewal by the City of Boynton Beach and Palm Beach County~ With regard to the renewal process, the Cable Act includes four criteria for a franchising authority to use when determining whether a renewal should be granted. We are confident that our proposal, and Comcast's performance since taking over the management and control of this system from Group W in December of 1986, meet these criteria. They are: 1. Has the cable operator substantially complied with the material terms of the existing franchise and with applicable law? 2. Has the quality of the operator's service been reasonable in light of community needs? (Service quality includes signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services of other services provided over the system.) 3. Does the operator have the financial, legal, and technical ability to provide the services, facilities and equipment described in his proposal? EXHIBIT "A" Page 2. Mr. Peter L. Cheney 4. Is the operator's proposal reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests? With regard to our proposal to rebuild the system, it is based on a year-long inspection and analysis conducted by Comcast in order to determine what changes are needed and to develop a plan. The five-point plan described below will provide Boynton Beach consumers with a state-of-the-art cable television system. The existing system is more than twenty years old and needs to be completely rebuilt. The cost of this rebuild will require an investment by Comcast of millions of dollars. However, before work can begin on this project, we need your approval of our franchise renewal. 1. System Rebuild Comcast plans to rebuild the Boynton Beach cable system including all wiring and electronics upon renewal of the franchise. This means that we will be building a brand new cable system side by side with our existing cable system. I am clarifying this fact for you since many of the rebuilds around the country have been partial rebuilds which simply replaced the hardware such as amplifiers and left the existing wiring in place. It has been the determination of our engineers that as a result of the salty atmosphere which causes corrosion, the proper way to rebuild this system is to also replace all wiring. Once all the new hardware and wiring is replaced in Boynton Beach, then the old wiring and amplifiers will be taken down by Comcast. This means that we will, in fact, be building you a brand new cable system. As I stated earlier, Comcast will commence this activity immediately upon renewal of the contracts in the City of Boynton Beach and Palm Beach County. This is necessary because this investment from Comcast will mean the beginning of a multi-million dollar project. We simply cannot begin this project without a long term commitment from Boynton Beach. The electronics we will use will be a minimum of 450 MHz (the latest in the state of technology) and eventually be able to offer the consumer over sixty (60) channels. We feel that this equipment will position our system and the consumer for future growth in television viewing. 2. New Television Studio Comcast is preparing to build a new television studio which includes the following equipment: Page 3. Mr. Peter L. Cheney ° state-of-the-art camera and recording set ups ° new editing facility to include, players, recorders, and time base correctors o complete new audio and lighting set ups ° new IBM computer system to coordinate the entire facility We have found that cable television can be an excellent vehicle for public officials and key business leaders and can assist in comminicating local information segments to constituents. Comcast would be pleased to perform this community service in Boynton Beach. We would be pleased to work with you to plan for this project. 3. Consumer Service Comcast recognizes that customer service is the key to any business. One area of the business that we feel that former Teleprompter and Group W cable system, and now the Comcast system, has fallen short in is telephone response time. As a result we have purchased the Rolm VSCBX Telephone Management system. This telephone system offers the latest in computer technology for managing the telephone volume business. We feel this telephone system will greatly assist us in managing our day-to-day business operations. 4. Standby Power Installation Comcast will install a stanby power system throughout Boynton Beach. This standby system will serve to backup our existing system and avoid outages that ordinarily are caused by power surges which blow fuses in our amplifiers. This process will be done when we rebuild the system and should serve to prevent power surge outages. 5. Beautification of Boynton Beach Tower Site As you may be aware, Comcast is performing landscaping, fencing, and sprinkler system work at our tower site in Boynton Beach. Along with the rebuild we will replace the new building structure on that site so that we can accomodate the additional equipment. This total building site and land will be significantly more presentable than the existing structure. Page 4. Mr. Peter L. Cheney In conclusion, please be assured that Comcast is prepared to cooperate with you to the fullest extent in order to expedite this project. We have been in the business of building and operating cable systems for more than 28 years and, I believe, Comcast has earned its reputation as one of the finest cable operators in the nation. Our commitment to rebuild the Boynton Beach system will provide your constituents with state-of-the-art technology and high-quality cable television service. Please do not hesitate to call me, if you have any questions. I will contact you in the near future to determine what the next step should be in this renewal process. Very truly yours, Michael A. Doyle Regional Vice President MAD: ss CC: Mayor Nick Cassandra, City of Boynton Beach Diane L. Christie, General Manager, Comcast West Palm Beach Barbara Lukens, Vice President Public Affairs, Comcast