HomeMy WebLinkAboutResolution No. 041-16 (a) - ApprovalOfVariousDocs.CharterCableFranchiseRESOLUTION
APPROVAL OF VARIOUS DOCUMENTS PERTAINING TO
A NON-EXCLUSIVE CABLE FRANCHISE TO BE HELD BY
CC VIII OPERATING, LLC D/B/A CHARTER COMMUNICATIONS
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
Minnesota, that the City approve of the following documents-
1. Cable Television Franchise Ordinance between the City and Charter
Communications.
2. Resolution Consenting to the Relocation of Community Programming
Channels and Authorizing Settling Claims Related to Franchise Fee
Payments by Charter Communications and Audit Settlement.
3. Letter to the City of Rochester from Charter Communications regarding
various commitments.
4. Agreement Governing Charter Communications Business Services
Agreement.
5. Charter Communications Business Services Agreement.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the
above -described documents on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS
ATTEST:
CITY CLERK
DAY OF , 2016.
PRESIDENT OF SAID COMMON COUNCIL
APPROVED THIS DAY OF , 2016.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res 15\Approve\Cable Franch ise2016Docs
EXHIBIT A-1
Service to School and Library Buildings
Rochester School District
1.
Bamber Valley Elementary School
2001 Bamber Valley Road S.W.
2.
Bishop Elementary School
406 — 361h Avenue N.W.
3.
Churchill Elementary School
2240 Seventh Avenue N.W.
4.
Elton Hills Elementary School
1421 Elton Hills Drive N.W.
5.
Folwell Elementary School
600 — 151h Avenue S.W.
6.
Franklin Elementary School
1801 Ninth Avenue S.E.
7.
Gage Elementary School
1300 — 401h Street N.W.
8.
Gibbs Elementary School
5525 — 561h St. N.W.
9.
Hoover Elementary School
369 Elton Hills Drive N.W.
10.
Jefferson Elementary School
1201 Tenth Avenue N.W.
11.
Lincoln K-8 Elementary School
1122 Eighth Street S.E.
12.
Longfellow Elementary School
1615 Marion Road S.W.
13.
Pinewood Elementary Schooll
900 Pinewood Road S.E.
14.
Sunset Terrace Elementary School
1924 — 171h Street N.W.
15.
Washington Elementary School
1200 — 111h Avenue N.W.
16.
Friedell Middle School
1200 South Broadway
17.
John Adams Middle School
1525 — 3 1 " Street N.W.
18.
Kellogg Middle School
501 — 171h Street N.W.
19.
Willow Creek Middle School
2425 — 1 Ph Avenue S.E.
20.
Century Senior High School
2525 Viola Road N.E.
21.
John Marshall Senior High School
1510 — 141h Street N.W.
22.
Mayo Senior High School
1420 — 111h Avenue S.E.
23.
Administration Building
615 Seventh Street S.W.
24.
Educational Services Center/Phoenix Academy
334 — 161h Street S.E.
25.
Alternative Learning Center
26 Woodlake Drive
26.
Hawthorne Education Center
700 Fourth Avenue S.E.
27.
Health Sciences Career Center
3033 41st Street NW
28.
ISD 535 Maintenance Services Building
10 9-1/2 Street S.E.
Rochester Public Library 101 S.E. Second Street
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Exhibit A-2
Service to Public Buildings
City of Rochester
Rochester City Hall
201 Fourth Street S.E.
Rochester Fire Stations (all)
Recreation Center
21 N.W. Hills Dr.
Mayo Civic Center
30 S.E. Civic Center Dr.
Northrop Community Services Center
815 N.W. Second Avenue
Graham Arena
201 — 16th Street S.E.
Public Utilities Service Center
4000 N.E. River Road
Public Works/Transit Operations Center
4300 East River Road N.E.
Olmsted Co
I I Olmsted Countv Courthouse 1 151 S.E. Fourth Street I
Other Educational Institutions
Rochester Area Vo-Tech Institute — Main Bldg.
1926 Second Street S.E.
Rochester Area Vo-Tech Institute — Annex
334 — 161h Street S.E.
Winona State University — Rochester
851 — 301h Avenue S.E.
Rochester Community & Technical College
851 — 301h Avenue S.E.
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EXHIBIT B
Customer Service Standards
(a) Cable System telephone availability:
(1) Grantee will maintain a local, toll -free or collect call telephone access line which
will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a
week.
(2) Trained Grantee representatives will be available to respond to customer
telephone inquiries during Normal Business Hours.
(3) After Normal Business Hours, the access line may be answered by a service or an
automated response system, including an answering machine. Inquiries received
after Normal Business Hours must be responded to by a trained Grantee
representative on the next business day.
(4) Under Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not
exceed thirty (30) seconds. These standards shall be met no less than ninety
percent (90%) of the time under Normal Operating Conditions, measured on a
quarterly basis.
(5) Under Normal Operating Conditions, the customer will receive a busy signal less
than three percent (3%) of the time.
(b) Installations, Outages and Service Calls. Under Normal Operating
Conditions, each of the following standards will be met no less than ninety-five percent
(95%) of the time measured on a quarterly basis:
(1) Standard Installations will be performed within seven (7) business days after an
order has been placed. "Standard" Installations are those that are located up to
one hundred twenty-five (125) feet from the existing distribution system.
(2) Excluding conditions beyond the control of the Grantee, the Grantee will begin
working on "Service Interruptions" promptly and in no event later than twenty-
four (24) hours after the interruption becomes known. The Grantee must begin
actions to correct other service problems the next business day after notification
of the service problem.
(3) The "appointment window" alternatives for Installations, service calls, and other
Installation activities will be either a specific time or, at maximum, a four (4) hour
time block during Normal Business Hours. (Grantee may schedule service calls
and other Installation activities outside of Normal Business Hours for the express
convenience of the customer.)
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(4) Grantee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
(5) If Grantee's representative is running late for an appointment with a customer and
will not be able to keep the appointment as scheduled, the customer will be
contacted. The appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
(c) Communications between Grantee and Subscribers. Grantee shall comply
with the provisions of 47 CFR § 76.1601-1604 in communicating with Subscribers in the
City.
(1) Grantee will provide written information on each of the following areas at the
time of Installation of Service, at least annually to all Subscribers, and at any time
upon request:
(a) Products and Services offered;
(b) Prices and options for programming services and conditions of
subscription to programming and other services;
(c) Installation and Service maintenance policies;
(d) Instructions on how to use the Cable Service;
(e) Channel positions of programming carried on the System; and
(f) Billing and complaint procedures, including the address and telephone
number of the City's cable office.
Subscribers shall be advised of the procedures for resolution of complaints about
the quality of the television signal delivered by the Grantee, including the address
of the responsible officer of the City.
(2) Subscribers will be notified of any changes in rates, programming services or
Channel positions as soon as possible in writing. Notice must be given to
Subscribers a minimum of thirty (30) Days in advance of such changes if the
change is within the control of the Grantee. In addition, the Grantee shall notify
Subscribers thirty (30) Days in advance of any significant changes in the
information required by Section (c) 1(A) — (F) of this Exhibit B.
(3) In addition to the requirement of subparagraph (2) of this section regarding
advance notification to Subscribers of any changes in rates, programming services
or Channel positions, Grantee shall give thirty (30) Days' written notice to both
Subscribers and the City before implementing any rate or service change. Such
notice shall state the precise amount of any rate change and briefly explain in
readily understandable fashion the cause of the rate change (e.g., inflation, change
in external costs or the addition/deletion of Channels). When the change involves
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the addition or deletion of Channels, each Channel added or deleted must be
separately identified. For purposes of the carriage of digital broadcast signals, the
Grantee need only identify for Subscribers, the television signal added and not
whether that signal may be multiplexed during certain dayparts.
(4) To the extent Grantee is required to provide notice of service and rate changes to
Subscribers, the Grantee may provide such notice using any reasonable written
means at its sole discretion.
(5) Notwithstanding any other provision of this section, Grantee shall not be required
to provide prior notice of any rate change that is the result of a regulatory fee,
Franchise Fee, or any other fee, tax, assessment, or charge of any kind imposed by
any federal agency, state, or City on the transaction between the Grantee and the
Subscriber.
(d) Refunds. Refund checks will be issued promptly, but no later than either:
(1) The customer's next billing cycle following resolution of the request or thirty (30)
Days, whichever is earlier, or
(2) The return of the equipment supplied by the Grantee if service is terminated.
(e) Credits. Credits for Service will be issued no later than the customer's
next billing cycle following the determination that a credit is warranted.
(0 Billing.
(1) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and
understandable. Bills must be fully itemized, with itemizations including, but not
limited to, Basic Cable Service and premium service charges and equipment
charges. Bills will also clearly delineate all activity during the billing period,
including optional charges, rebates and credits.
(2) In case of a billing dispute, the Grantee must respond to a written complaint from
a Subscriber within thirty (30) Days.
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EXHIBIT C
Franchise Fee Payment Worksheet
TRADE SECRET — CONFIDENTIAL
Month/Year
Month/Year
Month/Year
Total
Cable Service Revenue
Installation Charge
Franchise Fee Revenue
Advertising Revenue
Home Shopping Revenue
Other Revenue
Equipment rental
REVENUE
Fee Calculated
Fee Factor: 5%
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EXHIBIT D
ANNUAL PERFORMANCE REVIEW CHECKLIST
1. RATES AND CHARGES
a. Annual Rate Cards
b. Notices sent to City and Subscriber
2. PROGRAMS AND SERVICES
a. Annual Channel Line-ups
3. PUBLIC, GOVERNMENTAL AND EDUCATIONAL ACCESS
a. Programs and Services — summary attached
b. Other highlights
4. CUSTOMER SERVICE
a. Summary of complaints
b. System outages summary
c. Examples of new customer services, promotions
5. FILING WITH FCC
a. Summary of all filings with FCC
b. Summary of performance test results
6. SUMMARY OF FRANCHISE FEE PAYMENTS
a. Franchise Fee Payments
b. PEG Fee Payments
7. TERMS AND CONDITIONS OF FRANCHISE AGREEMENT
a. All insurance, bonds and deposits are updated and filed with City
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