HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/19/1999 - PUBLIC HEARING AND RESOLUTION 99-120 CONCERNING TH AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: October 19, 1999
FORT COLLINS CITY COUNCIL STAFF: Michael Gitter
SUBJECT :
Public Hearing and Resolution 99-120 Concerning the Fifth Year Performance Evaluation of
Heritage Cablevision of Delaware,Inc.,Doing Business as AT&T Cable Services("AT&T"),Under
the Terms of the 1993 Franchise Agreement, as Amended.
RECOMMENDATION:
Staff and the Telecommunications Board recommend adoption of the Resolution.
EXECUTIVE SUMMARY:
City staff developed an extensive public process in order to gather the data necessary to review
AT&T's performance. Staff conducted three public forums and made a CityLine number and
website available for public input. Citizens were surveyed regarding AT&T's services and
operations. A technical audit was performed on AT&T's facilities and equipment, as well as a
financial audit of franchise fee payments to the City. The public process indicated that AT&T is
generally performing well in its delivery of cable TV services. Areas which indicated a need for
improvement included telephone response and cable TV system reliability. AT&T's telephone
system has been recently upgraded,and the entire cable TV system is currently being rebuilt,which
should enhance system reliability.
City staff has documented in detail the results of this evaluation in a report titled, "Fifth Year
Performance Evaluation of AT&T Cable Services", dated October 1999. A copy of this report has
been provided to City Council under separate cover.
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RESOLUTION 99-120
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING THE FIFTH YEAR PERFORMANCE EVALUATION
OF HERITAGE CABLEVISION OF DELAWARE,INC., DOING BUSINESS AS
AT&T CABLE SERVICES, UNDER THE TERMS OF THE
1993 FRANCHISE AGREEMENT, AS AMENDED
WHEREAS, on October 19 , 1993, the Fort Collins City Council (the "Council"), adopted
Ordinance No. 115, 1993,pursuant to which it granted a cable tv franchise to the World Company,
a Kansas corporation, doing business as Columbine Cablevision("Columbine"); and
WHEREAS, this cable tv franchise was granted to Columbine subject to certain terms and
conditions which are contained in the Franchise Agreement dated November 2, 1993. entered into
by and between the City and Columbine (the "Franchise Agreement"); and
WHEREAS, the Franchise Agreement granted to Columbine a non-exclusive franchise to
construct, reconstruct and maintain a cable system within the City(the "Cable System"); and
WHEREAS,on November 29, 1995,the City received from Columbine written notification
of Columbine's intent to sell the Cable System to Heritage Cablevision of Delaware. Inc.
("Heritage"); and
WHEREAS, on December 19, 1995, the Council adopted Resolution 95-178 approving
Columbine's sale of the Cable System to Heritage; and
WHEREAS,on October 26, 1998,the City and Heritage entered into their"First Addendum
to Franchise Agreement", which amends certain terms and conditions of the Franchise Agreement;
and
WHEREAS,until recently,Heritage operated the Cable System under the name"TCI of Fort
Collins"; and
WHEREAS, Heritage now operates the Cable System under the name of AT&T Cable
Services as a result of Heritage's parent holding company, TCI, being acquired by AT&T; and
WHEREAS,the Franchise Agreement,as amended,currently provides that the City may.at
its option, evaluate Heritage's cable operations and service in the fifth year of the term of the
Franchise Agreement concerning various matters, including. without limitation, customer service,
consumer protection, technical standards, and past performance of Heritage under the Franchise
Agreement, and based upon such review, to consider recommendations for changes in Heritage's
facilities, equipment and services; and
WHEREAS,the Franchise Agreement reached its fifth year anniversary as of November 6,
1998; and
WHEREAS, pursuant to the terms of the Franchise Agreement the City elected to conduct
a fifth year evaluation; and
WHEREAS, in conducting this evaluation, the City held three public forums, established
a CityLine number and web site available for public input, surveyed citizens regarding Heritage's
services and operations,performed a technical audit of the Cable System,and performed a financial
audit of the franchise fee payments made to the City by Heritage; and
WHEREAS. the results of this evaluation are contained in a report prepared by City staff
titled "Fifth Year Performance Evaluation of AT&T Cable Services" dated October, 1999 (the
"Evaluation Report"); and
WHEREAS,the Evaluation Report concludes that Heritage is generally performing well on
its delivery of cable tv services over its Cable System,but that areas of needed improvement include
telephone response and reliability of the Cable System; and
WHEREAS, the Evaluation Report makes note with respect to the reliability of the Cable
System,that Heritage is currently involved in rebuilding the Cable System,which should enhance
system reliability in the future; and
WHEREAS.the Telecommunications Board has reviewed the Evaluation Report and agrees
with the Report's conclusions and recommendations.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Evaluation Report is hereby approved.
Section 2. That the recommendations of the Evaluation Report be adopted as the
recommendations of the Council.
Section 3. That the fifth-year performance evaluation of Heritage and the Cable System
under the terms of the 1993 Franchise Agreement, as amended, is hereby deemed satisfactorily
completed.
Passed and adopted at a regular meeting of the City Council held this 19th day of October,
A.D. 1999.
Mayor
ATTEST:
City Clerk