HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/28/2015 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor Council Information Center (CIC)
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Nelson
City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
City Council Work Session
April 28, 2015
6:00 PM
CALL TO ORDER.
1. Tax Renewals-Update and Overview. (staff: Ginny Sawyer; 10 minute staff presentation; 15
minute discussion)
The purpose of this item is to review the process, projects, and highlights related to the recently passed
Capital Improvement and Street Maintenance ¼-cent taxes.
2. Comcast Cable Franchise Renewal Update. (staff: Dan Coldiron; 15 minute presentation; 15
minute discussion)
The purpose of this item is to provide Council with an update on the process to renew the Comcast
cable franchise agreement. The renewal process has included an overall evaluation of Comcast's
compliance with the current franchise agreement; a community needs assessment to identify
community expectations, a review of the current state of the cable industry, and active negotiations
with Comcast. Negotiations have resulted in a proposed new agreement, which is ready for
consideration by Council.
3. Making Board and Commission Liaison Assignments and Various Committee, Board and Authority
Appointments. (staff: Christine Macrina, Wanda Nelson; no staff presentation; 45 minute
discussion)
The purpose of this item is to determine Councilmember liaison assignments to boards and
commissions and makes various committee, board and authority appointments. These
determinations will be discussed and made official at the Regular May 5, 2015 Council Meeting.
City of Fort Collins Page 2
OTHER BUSINESS.
ADJOURNMENT.
DATE:
STAFF:
April 28, 2015
Ginny Sawyer, Policy and Project Manager
Darin Atteberry, City Manager
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Tax Renewals-Update and Overview.
EXECUTIVE SUMMARY
The purpose of this item is to review the process, projects, and highlights related to the recently passed Capital
Improvement and Street Maintenance ¼-cent taxes.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council have any questions regarding the process or projects related to the ¼-cent tax renewals?
BACKGROUND / DISCUSSION
Capital Improvement Tax
Fort Collins has been fortunate to have a long history of voter approved sales tax initiatives to fund major capital
projects. Starting in 1973 with a 7-year, one cent tax that helped pay for the Main Library, the Lincoln Center, City
Hall, and Mulberry Pool among other improvements, these voter approved sales tax capital programs have
continually supported efforts to build the city we know and love today.
The current initiative, Building on Basics (BOB), was approved in 2005. BOB is a quarter cent tax which equates
to 25-cents on a $100 purchase. Over the 10-year period (2005 to 2015), BOB has provided almost $58 million
dollars for investment in community projects. These dollars have supported the Lincoln Center renovations, the
Museum of Discovery, new bike facilities, improvements to North College and Timberline, sidewalk upgrades, and
the Senior Center expansion. The BOB initiative will expire December 31, 2015.
During the 2013-2014 strategic planning efforts, “Planning for the Next Community Capital Program (BOB II)” was
identified as a High Performing Government key initiative. Staff worked diligently from early 2012 through
January 2015 to engage the community and work with Council to develop the project list included in the recently
passed initiative.
Council first reviewed the process and an initial project list in September 2013. There were six additional Council
work sessions and many hours and efforts dedicated to public engagement to help determine the community’s
highest priorities. Those efforts narrowed the original project list from $400 million to the $75 million in projects
that have now been approved by voters for implementation.
The projects in the initiative provide benefit to a wide variety of citizens while also addressing basic needs and
existing deficiencies. (Attachments 1 and 2.)
The package accounts for five years of Operation and Maintenance on select projects and factors in inflation on
construction projects.
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April 28, 2015 Page 2
Total Revenue $83M
Less O&M $2.6M
Remainder $80.4M Note: Estimated 45% of projects
require inflation
Less Inflation $5.3M Note: 45% of annual revenue (no
O&M) inflated at 3%
Total For
Projects
$75.1M
Highlights of the Capital Package
Term of 10 years (January 1, 2016 - December 31, 2025.)
Five years of Operation and Maintenance for select projects.
A provision that any excess revenues remaining after all projects are completed and operation and
maintenance costs provided will be directed to any capital project or additional operation and
maintenance of select projects, as directed by City Council.
A contingency on the Downtown Poudre River Kayak Park and the Visitor’s Center at the Gardens on
Spring Creek that construction will not begin until successful private fundraising efforts have been
achieved.
Street Maintenance
The Fort Collins community has also supported street maintenance through a 1/4 cent tax since 1989. The
current Street Maintenance tax will expire December 31, 2015. The Street Maintenance Program costs
approximately $15 million per year. This quarter-cent tax funds nearly half of the yearly cost at $7 million per year.
Other program funding includes Keep Fort Collins Great ($7 million) and the General Fund ($1 million.) The Street
Maintenance Program maximizes the community’s investment in the street network by performing ongoing
maintenance before much more costly repairs or replacement is necessary, extending the usable life of a street.
The program includes repair of concrete curbs, gutters, and sidewalks; construction of sidewalk access ramps;
repair of deteriorating asphalt; and the reconstruction, overlay, or seal coat operations on existing streets. Each
year, approximately 135 lane miles of Fort Collins streets are improved. The City’s policy is to keep the street
system at a Level of Service (LOS)-Grade B or better. Street Maintenance funding has also been used to help
pay to repair and replace aging bridges throughout the city. Fort Collins’ overall street network is the City’s
largest capital asset, and maintaining and preserving this asset is a key responsibility of municipal government.
FINANCIAL / ECONOMIC IMPACTS
This is a tax extension of an expiring tax, not a new tax, and as such there is not be an increase in the current tax
rate. This is a sales and use tax collected on all taxable purchases, which does not include purchases of
prescription drugs and food for home consumption. The extension results in the continued ¼-cent tax which is the
equivalent of 25 cents on a $100 taxable purchase. Current revenue projections over 10 years are approximately
$83 million.
The term of each tax extension is January 1, 2016 through December 31, 2025.
PUBLIC OUTREACH
The Capital Improvement process involved extensive public outreach that including:
Between September 2013 and January 2014, staff met with eight City boards, the Visit Fort Collins Board,
the Chamber Legislative Committee, and a CityWorks Alumni group to seek feedback on both process
and projects.
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April 28, 2015 Page 3
Major public outreach began in August 2014 and included an interactive website, a board and
commission “Super Meeting,” a CityWorks Alumni Forum, a public open house, a Community Issues
Forum, a “mini” drop-in at the Senior Center, and a booth at the Sustainable Living Fair.
In late October 2014 the on-line tool was converted to a calculator tool that allowed citizens to select up
to $75 million in projects. Staff also continued to meet with City boards and the Chamber Legislative
Committee.
The outreach, both on-line and at events, was instrumental in shaping and guiding the project narrowing.
Traditionally, the capital improvement packages have been a mix of transportation infrastructure, funds to
leverage additional dollars, signature projects, and amenities that impact large segments of our citizens. This
package reflects a similar mix.
The Street Maintenance Program was included in all outreach efforts and included asking the public their
preference on the term of the tax (10, 15, 20 years.)
ATTACHMENTS
1. Project Cost and Description (PDF)
2. Project Breakdown by Type and Location (PDF)
3. Powerpoint presentation (PDF)
Packet Pg. 5
Capital Enhancement Projects
Project Descriptions
Community Capital Improvement Program 2016-2025
Estimated Capital
Cost
(2015 dollars)
Estimated Annual
Operations and
Maintenance Cost
(2015 dollars)
Pedestrian Sidewalk/ Americans with Disabilities Act (ADA)
Compliance – Safe Routes to Everywhere
$14,000,000 No O&M Funds
This project will provide an annual fund to begin the implementation of a 52-year compliance program to eliminate
gaps in the City’s pedestrian network and improve ADA compliance.
Bicycle Infrastructure Improvements – Safe Routes to
Everywhere
$5,000,000 No O&M Funds
This project will provide an annual fund to begin implementation of the City’s 2014 Bicycle Master Plan. This project
will provide an annual fund to be used toward stand-alone bicycle infrastructure projects as well as add-on elements
to other projects that complete or enhance the City’s bicycle network. Projects will enhance safety, provide
wayfinding, and improve comfort and access for bicyclists.
Bus Stop Improvements – Safe Routes to Everywhere $1,000,000 No O&M Funds
This project will provide an annual fund to make ADA improvements and upgrade bus stops throughout the City.
Downtown Poudre River Enhancements and Kayak Park $4,000,000 $50,000
This project creates a whitewater kayak park with viewing/picnic areas, adds a pedestrian bridge over the river,
improves access to the river and enhances the river’s habitat and beauty. The project also lowers the river channel
to improve flood mitigation and prevent flooding of College Avenue.
Bike/Ped Grade Separated Crossings Fund $6,000,000 $20,000
This project will provide an annual fund to construct top priority grade-separated bicycle and pedestrian crossings
across arterial roadways.
Transfort Bus Fleet Replacement $2,000,000 No O&M Funds
This project will provide an annual fund to meet the local match needed to replace heavy duty buses over the next
10 years. This fund will be leveraged to receive an 80% match of federal and state grant funding.
Arterial Intersection Improvements Fund $6,000,000 No O&M Funds
This project will provide an annual fund for improvements to arterial intersections, prioritized by congestion, with
safety improvements for all travel modes.
Implementing Nature in the City $3,000,000 $100,000
This project will provide an annual fund to protect access to nature and the key natural spaces that define our
ATTACHMENT 1
Packet Pg. 6
Attachment1.1: Project Cost and Description (3091 : Tax Renewals-Update and Overview)
Project Descriptions
Community Capital Improvement Program 2016-2025
Estimated Capital
Cost
(2015 dollars)
Estimated Annual
Operations and
Maintenance Cost
(2015 dollars)
community by filling in gaps to achieve a 10-minute walk to nature or by enhancing species connectivity, and by
enhancing existing sites to provide greater habitat variety and natural experiences.
Gardens on Spring Creek Visitor’s Center Expansion $2,000,000 $40,000
This project will double the square footage of the Visitor’s Center at the Gardens on Spring Creek and will add
meeting rooms, a new entryway with gift shop, a conservatory, a small café, and additional office space.
Southeast Community Center with Outdoor Pool $14,000,000 $230,000
This project will build a Community Center in southeast Fort Collins focused on innovation, technology, art,
recreation and the creative process. The Center will also have a large outdoor leisure pool with water slides, sprays
and jets, decks, a lazy river and open swimming area.
Affordable Housing Fund $4,000,000 No O&M Funds
This project will fund capital costs of development or rehabilitation of one or more public or private housing projects
designated specifically for low income individuals and families.
Lincoln Avenue Bridge Design & Construction $5,300,000 $36,000
This project will fund design and construction of a new Lincoln Avenue Bridge bringing the bridge up to standards
and adding urban design elements.
City Park Train $350,000 No O&M Funds
This project will bring back the City Park train in a new, expanded location in City Park.
Renovation of the Historic Carnegie Building $1,700,000 $25,000
This project will renovate the historic 1904 Carnegie library building to enhance its use as a Community Center.
The Center will host special events, community meetings, art exhibits and symposiums in the heart of Downtown.
Linden Street Renovations Design & Construction $3,000,000 $12,000
This project will fund final design, construction, and right-of-way acquisition for the renovation of the downtown 200
block of Linden Street.
Club Tico Renovation $250,000 No O&M Funds
This project will complete the renovation of Club Tico at City Park by renovating the kitchen and restrooms and
adding a second story deck overlooking Sheldon Lake and City Park Pool.
Packet Pg. 7
Attachment1.1: Project Cost and Description (3091 : Tax Renewals-Update and Overview)
Project Descriptions
Community Capital Improvement Program 2016-2025
Estimated Capital
Cost
(2015 dollars)
Estimated Annual
Operations and
Maintenance Cost
(2015 dollars)
Willow Street Renovations Design & Construction $3,500,000 $11,000
This project will fund final design and construction of improvements to Willow Street between College Avenue and
Linden Street as identified in the River District Infrastructure Plan.
Packet Pg. 8
Attachment1.1: Project Cost and Description (3091 : Tax Renewals-Update and Overview)
Project Breakdown by Type and Location
Bike/Ped
31%
Tran
24%
Rec
22%
Env-Social
14%
Culture
9%
TOTAL BoB II Project Expenditure Forecast by
Category
Bike/Ped Tran Rec Env-Social Culture
Citywide
51%
North of Drake
28%
South of Drake
21%
TOTAL BoB II Project Expenditure Forecast by
Location
Citywide North of Drake South of Drake
ATTACHMENT 2
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Attachment1.2: Project Breakdown by Type and Location (3091 : Tax Renewals-Update and Overview)
City Council Work Session
5-24-15 April 28, 2015
Capital Improvement and Street Maintenance
Programs: ¼-Cent Renewal
ATTACHMENT 3
Packet Pg. 10
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Question
Does Council have any questions regarding the process
or projects related to either the Capital Improvement
Program or the Street Maintenance Program?
Packet Pg. 11
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Capital Improvement-Background
Current initiative is Building on Basics (BOB)
BOB expires December 31, 2015
¼ cent = 25 cents on a $100 purchase
Dedicated tax is method Fort Collins has historically
used to fund capital
Packet Pg. 12
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Process to Renewal
Sept 2013
($400M)
Dec 2014
($200M)
Oct 2014
($80M)
Jan 2015
Proposed Program
Package-$75M
April, 7, 2015
Election
Capital Program – 80.53% Approval Street Maintenance Program -84.53% Approval
Packet Pg. 13
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Capital Improvement-Revenue
Forecasting formula estimates total ¼ -cent revenue
from 2016-2025 at $83 M
Target project dollar amount: $75.1 M
4 years of O&M for select projects: $2.6 M
3% inflation on non-fund projects: $5.3 M
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Community and Neighborhood Livability
Affordable Housing Fund- $4M
Pedestrian Sidewalk and ADA Compliance Program -
Safe Routes to Everywhere -$14M
Bicycle Infrastructure Improvements - Safe Routes to
Everywhere - $5M
Bus Stop Improvements -Safe Routes to Everywhere -
$1M
Total: $24M
Capital Improvement-Projects
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Transportation
Bicycle/Pedestrian Grade-Separated Crossings Fund -
$6M
Transfort Bus Fleet Replacement - $2M
Arterial Intersection Improvements Fund - $6M
Lincoln Ave Bridge Improvements - $5.8M
Willow Street – $3.5 M
Total: $23M
Capital Improvement-Projects
Packet Pg. 16
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Environmental Health
Downtown Poudre River Enhancements-
between Shields St and Downtown - $4M
Implementing Nature in the City - $3M
Total: $7M
Capital Improvement-Projects
Packet Pg. 17
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Culture and Recreation
Southeast Community Center/Outdoor Pool - $14M
Gardens on Spring Creek Visitor’s Center - $2M
City Park Train - $350K
Club Tico Renovation - $250K
Renovation of the Carnegie Building - $1.7M
Total: $18M
Capital Improvement-Projects
Packet Pg. 18
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Capital Improvement-Projects
Economic Health
Linden Street Renovations Design & Construction/
Walnut to Jefferson - $3M
Total: $3M
Packet Pg. 19
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Term of 10 years (January 1, 2016-December 31, 2025.)
Four years of Operation and Maintenance for select
projects.
If excess revenues remain after all projects and O & M
costs are covered, Council may direct funds to capital
projects or additional O&M.
A contingency that construction will not begin until
successful private fundraising efforts have been
achieved.
Capital Improvement-
Initiative Highlights
Packet Pg. 20
Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Street Maintenance
Our street system is our largest and most costly
investment.
Includes 1,901 lane miles and 850 miles of sidewalks.
In an average year 135 lane miles are repaired.
Almost half of program’s funding ($6.5 M) comes from ¼
cent tax.
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
1/4 Cent Revenue
43%
General
Fund
11%
Keep Fort Collins
Great‐ 46%
2014 SMP Operating Budget
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Good Roads Cost Less to Maintain
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
Growth in Fort Collins
Road Miles 2000-2013
415
421
437
463
472
476
485
492
500 502
540 540 540
551
400
420
440
460
480
500
520
540
560
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Center Line Miles
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
The Difference: Before & After
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Attachment1.3: Powerpoint presentation (3091 : Tax Renewals-Update and Overview)
DATE:
STAFF:
April 28, 2015
Dan Coldiron, Chief Information Officer
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Comcast Cable Franchise Renewal Update.
EXECUTIVE SUMMARY
The purpose of this item is to provide Council with an update on the process to renew the Comcast cable
franchise agreement. The renewal process has included an overall evaluation of Comcast's compliance with the
current franchise agreement; a community needs assessment to identify community expectations, a review of the
current state of the cable industry, and active negotiations with Comcast. Negotiations have resulted in a
proposed new agreement, which is ready for consideration by Council.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Does Council have any questions regarding the negotiations process?
2. Does Council have any specific directions or concerns based upon the information presented?
BACKGROUND / DISCUSSION
In preparation for the renewal of the Comcast Cable franchise agreement, the City issued a Request for Proposal
(RFP) for assistance from consultants. The contract was awarded to Telecommunications Research Corporation
(TRC). Subcontractors included River Oaks Communication Corporation, CBG Communications, Inc, and
Karrison, LLC. Ken Fellman, Vice President of Kissinger & Fellman, P.C. a regional expert in franchise
negotiations and communications law also provided legal counsel and support for in-house legal staff.
The consulting team worked with City staff to develop and conduct a community needs assessment, a financial
audit, and a technical audit in order to inform the franchise renewal process. The final report developed by the
consultants was presented to Council at a work session in April 2014. Provided below are the high points of the
needs assessment report:
Community Needs Assessment
The initial efforts of the consulting team were to define and conduct an organizational and community needs
assessment. The assessment included an evaluation of compliance with Customer Service Standards,
community input, surveys, and outreach to our Public, Educational, and Governmental (PEG) partners. PEG
partners included Poudre School District, Fort Collins Public Access Network, and Colorado State University.
Surveys were mailed to 4,000 random citizens and 701 responses were received. The 18% response rate is 8
percent above the average response rate. Initial observations from the survey reveal:
53 percent of residents report that they subscribe to cable TV.
Overall satisfaction with Comcast services is positive, with 17 percent indicating they are "very satisfied"
and 43% indicating they are "satisfied".
13 percent are "very dissatisfied" and 27 percent are "somewhat satisfied" with Comcast service.
Those who were dissatisfied indicated that Comcast could improve by lowering prices, improving
reception and providing a la carte programming.
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April 28, 2015 Page 2
Public input included four separate focus groups that were held with the community, City staff, businesses, non-
profits, and individual PEG groups to gather feedback. Comments and feedback from those meetings cover a
wide range of wants and needs which have been compiled into a report by the consultants. Additionally, over 800
responses were received from the community via an online survey that have been promoted on fcgov.com,
Facebook and Twitter.
Financial Audit
As part of the franchise agreement, Comcast pays a franchise fee which contributes approximately $1.2 million in
revenue per year to the City's General Fund. Comcast also charges a small PEG fee to all subscribers to be used
for capital equipment by the PEG entities. To ensure that Comcast is complying with the financial obligations of
the franchise agreement, an audit was completed. The audit identified an element of the definition of gross
revenues within the current franchise agreement that could potentially have resulted in underpayment of the
franchise fee. The City’s consultants recommended that the next franchise include a better definition of gross
revenue to avoid this in the future.
Technical Audit
A technical and engineering review was also conducted. This evaluation occurred at 150 randomly selected
locations throughout the City. Items for evaluation included infrastructure, signal quality, system integrity,
undergrounding, and future capabilities. Reports indicated issues with aerial plans (lack of undergrounding),
improper attachment, grounding and bonding in some locations. A proactive, regular approach moving forward
regarding a maintenance program is advised.
Negotiations Process
The process to engage Comcast in active negotiations began with the development of a proposed cable franchise
agreement by City staff with the assistance of Ken Fellman, the City’s legal consultant for this project. The City
chose to utilize a “model agreement” that was developed in lengthy negotiations between Comcast and the
Colorado Communications and Utilities Alliance, (CCUA). The CCUA is comprised of numerous Colorado
communities and chose to develop the model agreement in order to combine their bargaining power and to
achieve a template that would hopefully lessen the amount of effort and cost incurred during individual franchise
renewal processes.
Primary representation for the City of Fort Collins in the negotiations were Ingrid Decker, Senior Assistant
Attorney, Dan Coldiron, Chief Information Officer, and Carson Hamlin, Cable Television Manager. Ken Fellman,
assisted the City during the negotiations, as well as Connie Book, Ph.D., of Telecommunications Research
Corporation. The City negotiations team reviewed the model agreement, as well as the associated Customer
Service Standards, comparing them with the City’s existing agreement with Comcast, as well as the City’s
adopted Customer Services Standards. The team made use of the model agreement whenever possible;
however, additions and changes were made when necessary to protect and forward the interests and needs of
the City and the community. Once the proposed agreement had been developed, it was provided to Comcast in
order to initiate the formal negotiations process. The formal negations process between the City’s team and
Comcast representatives required a number of months and has resulted in an agreement that is ready for review
and consideration by Council.
Items of particular interest related to the new agreement
Comcast will continue to provide the community with 5 SD channels, while also providing for 2 HD
channels.
o The overall number of channels is significant and was attributed to the uniqueness of the involved
Public, Education and Government (PEG) community within Fort Collins, as demonstrated by the
assessment.
An increase of up to 75 cents for the monthly PEG fee from the current 50 cents.
o Increase will occur in conjunction with Comcast annual rate increases in October
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April 28, 2015 Page 3
o Increase is noteworthy and uncommon in Colorado.
PEG Grant Monies of $20,000 for the Fort Collins Public Access Network (FCPAN) online programming
program.
Other FCPAN enhancements gained:
o Comcast will provide a business Internet connection to support online programming - 100 Mb
up/20 Mb down connection speeds.
o No monthly costs for the Internet connection.
o Fiber return line to FCPAN at Carnegie Building.
o Comcast will pay ½ of construction costs for above fiber line (approx. $17k)
Basic-Basic Subscription Package:
o Comcast agreed to a side letter agreement, which is the same method as current agreement
Customer Service Standards:
o City agreed to the adoption of the “model” standards that were developed in negotiations between
Comcast and the CCUA. Members of the CCUA include; Adams County, Arapahoe County,
Arvada, Brighton Broomfield, Castle Rock, Centennial, Cherry Hills Village, Commerce City,
Denver, Douglas County, Durango, Englewood, Federal Heights, Golden, Lakewood, Littleton,
Louisville, Montrose, Thornton, Westminster, and Wheat Ridge.
o The potential issue within the “model” standards is that the customer service center must only be
“conveniently located,” rather than restricted to within City limits. Comcast was notified that the
City’s interpretation of “conveniently located” would be that the customer service center must be
within the Fort Collins’ Growth Management Area.
o It should be noted that the customer service standards can be unilaterally changed and adopted
by the City should this issue, or any other element within the “model” standards become
problematic.
ATTACHMENTS
1. Comcast Cable Franchise Agreement (draft) (PDF)
2. Customer Service Standards (draft) (PDF)
3. Work Session Summary, April 25, 2014 (PDF)
4. Powerpoint presentation (PDF)
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i
CITY OF FORT COLLINS – COMCAST
Final
4-14-15
COMCAST OF CALIFORNIA/COLORADO, LLC AND
THE CITY OF FORT COLLINS, COLORADO
____________________________________________
CABLE FRANCHISE AGREEMENT
TABLE OF CONTENTS
SECTION 1. DEFINITIONS AND EXHIBITS ............................................................................1
(A) DEFINITIONS .........................................................................................................1
(B) EXHIBITS ...............................................................................................................7
SECTION 2. GRANT OF FRANCHISE ......................................................................................8
2.1 Grant ........................................................................................................................8
2.2 Use of Rights-of-Way ..............................................................................................9
2.3 Effective Date and Term of Franchise ...................................................................10
2.4 Franchise Nonexclusive .........................................................................................10
2.5 Police Powers .........................................................................................................10
2.6 Competitive Equity ................................................................................................10
2.7 Familiarity with Franchise .....................................................................................12
2.8 Effect of Acceptance ..............................................................................................12
SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS ......................12
3.1 Franchise Fee .........................................................................................................12
3.2 Payments ................................................................................................................12
3.3 Acceptance of Payment and Recomputation .........................................................13
3.4 Quarterly Franchise Fee Reports ...........................................................................13
3.5 Annual Franchise Fee Reports ...............................................................................13
3.6 Audits .....................................................................................................................13
3.7 Late Payments ........................................................................................................14
3.8 Underpayments ......................................................................................................14
3.9 Alternative Compensation .....................................................................................14
3.10 Maximum Legal Compensation .............................................................................14
3.11 Additional Commitments Not Franchise Fee Payments ........................................14
3.12 Tax Liability...........................................................................................................15
3.13 Financial Records...................................................................................................15
3.14 Payment on Termination ........................................................................................15
SECTION 4. ADMINISTRATION AND REGULATION ........................................................15
4.1 Authority ................................................................................................................15
4.2 Rates and Charges ..................................................................................................16
4.3 Rate Discrimination ...............................................................................................16
4.4 Filing of Rates and Charges ...................................................................................16
4.5 Cross Subsidization ................................................................................................17
4.6 Reserved Authority ................................................................................................17
ATTACHMENT 1
DRAFT
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Attachment2.1: Comcast Cable Franchise Agreement (draft) (3094 : Cable Franchise Renewal Update)
ii
CITY OF FORT COLLINS – COMCAST
Final
4-14-15
4.7 Time Limits Strictly Construed ............................................................................17
4.8 Franchise Amendment Procedure ..........................................................................17
4.9 Performance Evaluations .......................................................................................17
4.10 Late Fees ................................................................................................................18
4.11 Force Majeure ........................................................................................................18
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS ........................................19
5.1 Indemnification ......................................................................................................19
5.2 Insurance ................................................................................................................20
5.3 Deductibles / Certificate of Insurance ....................................................................21
5.4 Letter of Credit ......................................................................................................22
SECTION 6. CUSTOMER SERVICE ........................................................................................23
6.1 Customer Service Standards ..................................................................................23
6.2 Subscriber Privacy .................................................................................................23
6.3 Subscriber Contracts ..............................................................................................24
6.4 Advance Notice to City ..........................................................................................24
6.5 Identification of Local Franchise Authority on Subscriber Bills ...........................24
SECTION 7. REPORTS AND RECORDS .................................................................................24
7.1 Open Records .........................................................................................................24
7.2 Confidentiality .......................................................................................................25
7.3 Records Required ...................................................................................................25
7.4 Annual Reports ......................................................................................................26
7.5 Copies of Federal and State Reports ......................................................................26
7.6 Complaint File and Reports ...................................................................................26
7.7 Failure to Report ....................................................................................................27
7.8 False Statements.....................................................................................................27
SECTION 8. PROGRAMMING .................................................................................................27
8.1 Broad Programming Categories .............................................................................27
8.2 Deletion or Reduction of Broad Programming Categories ....................................28
8.3 Obscenity ...............................................................................................................28
8.4 Parental Control Device .........................................................................................29
8.5 Continuity of Service Mandatory ...........................................................................29
8.6 Services for the Disabled .......................................................................................29
SECTION 9. ACCESS ................................................................................................................29
9.1 Designated Access Providers .................................................................................29
9.2 Channel Capacity and Use .....................................................................................30
9.3 Access Channel Assignments ................................................................................32
9.4 Relocation of Access Channels ..............................................................................32
9.5 Web-Based Video on Demand and Streaming .....................................................34
9.6 Support for Access Costs .......................................................................................34
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9.7 Access Support Not Franchise Fees .......................................................................35
9.8 Access Channel on Basic Service or Lowest Priced Tier ......................................35
9.9 Change in Technology ...........................................................................................36
9.10 Technical Quality ...................................................................................................36
9.11 Access Cooperation ...............................................................................................36
9.12 Return Line/Access Origination ...........................................................................37
SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION ............................38
10.1 Right to Construct ..................................................................................................38
10.2 Right-of-Way Meetings .........................................................................................38
10.3 Joint Trenching/Boring Meetings ..........................................................................38
10.4 General Standard ....................................................................................................38
10.5 Permits Required for Construction ........................................................................38
10.6 Emergency Permits ................................................................................................39
10.7 Compliance with Applicable Codes.......................................................................39
10.8 GIS Mapping .........................................................................................................39
10.9 Minimal Interference .............................................................................................39
10.10 Prevent Injury/Safety .............................................................................................40
10.11 Hazardous Substances ............................................................................................40
10.12 Locates ...................................................................................................................40
10.13 Notice to Private Property Owners ........................................................................41
10.14 Underground Construction and Use of Poles.........................................................41
10.15 Undergrounding of Multiple Dwelling Unit Drops ...............................................42
10.16 Burial Standards .....................................................................................................42
10.17 Cable Drop Bonding ..............................................................................................43
10.18 Prewiring ................................................................................................................43
10.19 Repair and Restoration of Property........................................................................44
10.20 Use of Conduits by the City ...................................................................................44
10.21 Common Users.......................................................................................................45
10.22 Acquisition of Facilities .........................................................................................46
10.23 Discontinuing Use/Abandonment of Cable System Facilities ...............................46
10.24 Movement of Cable System Facilities for City Purposes ......................................47
10.25 Movement of Cable System Facilities for Other Franchise Holders .....................47
10.26 Temporary Changes for Other Permittees .............................................................47
10.27 Reservation of City Use of Right-of-Way .............................................................48
10.28 Tree Trimming .......................................................................................................48
10.29 Inspection of Construction and Facilities ..............................................................48
10.30 Stop Work ..............................................................................................................48
10.31 Work of Contractors and Subcontractors ...............................................................49
49
SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING .....................49
11.1 Subscriber Network ...............................................................................................49
11.2 Technical Performance ..........................................................................................50
11.3 Cable System Performance Testing .......................................................................50
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11.4 Additional Tests .....................................................................................................51
11.5 Technical Assessment ............................................................................................52
11.6 Standby Power .......................................................................................................52
11.7 Emergency Alert Capability ..................................................................................53
SECTION 12. SERVICE AVAILABILITY, INTERCONNECTION AND SERVICE TO
SCHOOLS AND PUBLIC BUILDINGS ..............................................................53
12.1 Service Availability ...............................................................................................53
12.2 Connection of Public Facilities ..............................................................................54
SECTION 13. FRANCHISE VIOLATIONS ................................................................................55
13.1 Procedure for Remedying Franchise Violations ....................................................55
13.2 Revocation .............................................................................................................56
13.3 Procedures in the Event of Termination or Revocation .........................................57
13.4 Purchase of Cable System ......................................................................................58
13.5 Receivership and Foreclosure ................................................................................59
13.6 No Monetary Recourse Against the City ...............................................................59
13.7 Alternative Remedies .............................................................................................59
13.8 Assessment of Monetary Damages ........................................................................60
13.9 Effective of Abandonment .....................................................................................60
13.10 What Constitutes Abandonment ............................................................................60
SECTION 14. FRANCHISE RENEWAL AND TRANSFER ......................................................61
14.1 Renewal..................................................................................................................61
14.2 Transfer of Ownership or Control..........................................................................61
SECTION 15. SEVERABILITY ...................................................................................................63
SECTION 16. MISCELLANEOUS PROVISIONS ......................................................................63
16.1 Preferential or Discriminatory Practices Prohibited ..............................................63
16.2 Notices ...................................................................................................................63
16.3 Descriptive Headings .............................................................................................64
16.4 Publication Costs to be Borne by Grantee .............................................................64
16.5 Binding Effect ........................................................................................................64
16.6 No Joint Venture ....................................................................................................64
16.7 Waiver ....................................................................................................................64
16.8 Reasonableness of Consent or Approval ...............................................................65
16.9 Entire Agreement ...................................................................................................65
16.10 Jurisdiction .............................................................................................................65
EXHIBIT A: Customer Service Standards
EXHIBIT B: Report Form
EXHIBIT C: Return Lines
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COMCAST OF CALIFORNIA/COLORADO, LLC AND
CITY OF FORT COLLINS, COLORADO
_____________________________________________
CABLE FRANCHISE AGREEMENT
SECTION 1. DEFINITIONS AND EXHIBITS
(A) DEFINITIONS
For the purposes of this Franchise, the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular, and words in
the singular include the plural. Words not defined shall be given their common and ordinary
meaning. The word "shall" is always mandatory and not merely directory.
1.1 “Access” means the availability for noncommercial use by various agencies, institutions,
organizations, groups and individuals in the community, including the City and its designees, of
the Cable System to acquire, create, receive, and distribute video Cable Services and other
services and signals as permitted under Applicable Law including, but not limited to:
a. “Public Access” means Access where community-based, noncommercial
organizations, groups or individual members of the general public, on a
nondiscriminatory basis, are the primary users.
b. “Educational Access” means Access where schools are the primary users having
editorial control over programming and services. For purposes of this definition,
“school” means any State-accredited educational institution, public or private, including,
for example, primary and secondary schools, colleges and universities.
c. “Government Access” means Access where governmental institutions or their
designees are the primary users having editorial control over programming and services.
1.2 “Access Channel” means any Channel, or portion thereof, designated for Access
purposes or otherwise made available to facilitate or transmit Access programming or services.
1.3 “Activated” means the status of any capacity or part of the Cable System in which any
Cable Service requiring the use of that capacity or part is available without further installation of
system equipment, whether hardware or software.
1.4 “Affiliate,” when used in connection with Grantee, means any Person who owns or
controls, is owned or controlled by, or is under common ownership or control with, Grantee.
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1.5 “Applicable Law” means any statute, ordinance, judicial decision, executive order or
regulation having the force and effect of law, that determines the legal standing of a case or
issue.
1.6 “Bad Debt” means amounts lawfully billed to a Subscriber and owed by the Subscriber
for Cable Service and accrued as revenues on the books of Grantee, but not collected after
reasonable efforts have been made by Grantee to collect the charges.
1.7 “Basic Service” is the level of programming service which includes, at a minimum, all
Broadcast Channels, all PEG SD Access Channels required in this Franchise, and any additional
Programming added by the Grantee, and is made available to all Cable Services Subscribers in
the Franchise Area.
1.8 “Broadcast Channel” means local commercial television stations, qualified low power
stations and qualified local noncommercial educational television stations, as referenced under
47 USC § 534 and 535.
1.9 “Broadcast Signal” means a television or radio signal transmitted over the air to a wide
geographic audience, and received by a Cable System by antenna, microwave, satellite dishes or
any other means.
1.10 “Cable Act” means the Title VI of the Communications Act of 1934, as amended.
1.11 “Cable Operator” means any Person or groups of Persons, including Grantee, who
provide(s) Cable Service over a Cable System and directly or through one or more affiliates
owns a significant interest in such Cable System or who otherwise control(s) or is (are)
responsible for, through any arrangement, the management and operation of such a Cable
System.
1.12 “Cable Service” means the one-way transmission to Subscribers of video programming
or other programming service, and Subscriber interaction, if any, which is required for the
selection or use of such video programming or other programming service.
1.13 “Cable System” means any facility, including Grantee’s, consisting of a set of closed
transmissions paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service which includes video programming and which is provided to
multiple Subscribers within a community, but such term does not include (A) a facility that
serves only to retransmit the television signals of one or more television broadcast stations; (B) a
facility that serves Subscribers without using any Right-of-Way; (C) a facility of a common
carrier which is subject, in whole or in part, to the provisions of Title II of the federal
Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a
Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such
facility is used in the transmission of video programming directly to Subscribers, unless the
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extent of such use is solely to provide interactive on-demand services; (D) an open video system
that complies with federal statutes; or (E) any facilities of any electric utility used solely for
operating its electric utility systems.
1.14 “Channel” means a portion of the electromagnetic frequency spectrum which is used in
the Cable System and which is capable of delivering a television channel (as television channel
is defined by the FCC by regulation).
1.15 “City” is the City of Fort Collins, Colorado, a body politic and corporate under the laws
of the State of Colorado.
1.16 “City Council” means the Fort Collins City Council, or its successor, the governing body
of the City of Fort Collins, Colorado.
1.17 “Colorado Communications and Utility Alliance” or “CCUA” means the non-profit entity
formed by franchising authorities and/or local governments in Colorado or its successor entity,
whose purpose is, among other things, to communicate with regard to franchising matters
collectively and cooperatively.
1.18 “Commercial Subscribers” means any Subscribers other than Residential Subscribers.
1.19 “Designated Access Provider” means the entity or entities designated now or in the future
by the City to manage or co-manage Access Channels and facilities. The City may be a
Designated Access Provider.
1.20 “Digital Starter Service” means the Tier of optional video programming services, which
is the level of Cable Service received by most Subscribers above Basic Service, and does not
include Premium Services.
1.21 “Downstream” means carrying a transmission from the Headend to remote points on the
Cable System or to Interconnection points on the Cable System.
1.22 “Dwelling Unit” means any building, or portion thereof, that has independent living
facilities, including provisions for cooking, sanitation and sleeping, and that is designed for
residential occupancy. Buildings with more than one set of facilities for cooking shall be
considered Multiple Dwelling Units unless the additional facilities are clearly accessory.
1.23 “FCC” means the Federal Communications Commission.
1.24 “Fiber Optic” means a transmission medium of optical fiber cable, along with all
associated electronics and equipment, capable of carrying Cable Service by means of electric
lightwave impulses.
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1.25 “Franchise” means the document in which this definition appears, i.e., the contractual
agreement, executed between the City and Grantee, containing the specific provisions of the
authorization granted, including references, specifications, requirements and other related
matters.
1.26 “Franchise Area” means the area within the jurisdictional boundaries of the City,
including any areas annexed by the City during the term of this Franchise.
1.27 “Franchise Fee” means that fee payable to the City described in subsection 3.1 (A).
1.28 “Grantee” means Comcast of California/Colorado LLC or its lawful successor, transferee
or assignee.
1.29 “Gross Revenues” means, and shall be construed broadly to include all revenues derived
directly or indirectly by Grantee and/or an Affiliated Entity that is the cable operator of the Cable
System, from the operation of Grantee’s Cable System to provide Cable Services within the City.
Gross revenues include, by way of illustration and not limitation:
• monthly fees for Cable Services, regardless of whether such Cable Services are
provided to residential or commercial customers, including revenues derived from
the provision of all Cable Services (including but not limited to pay or premium
Cable Services, digital Cable Services, pay-per-view, pay-per-event and video-on-
demand Cable Services);
• installation, reconnection, downgrade, upgrade or similar charges associated with
changes in subscriber Cable Service levels;
• fees paid to Grantee for channels designated for commercial/leased access use and
shall be allocated on a pro rata basis using total Cable Service subscribers within
the City;
• converter, remote control, and other Cable Service equipment rentals, leases, or
sales;
• Advertising Revenues as defined herein;
• late fees, convenience fees and administrative fees which shall be allocated on a
pro rata basis using Cable Services revenue as a percentage of total subscriber
revenues within the City;
• revenues from program guides;
• Franchise Fees;
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• FCC Regulatory Fees; and,
• commissions from home shopping channels and other Cable Service revenue
sharing arrangements which shall be allocated on a pro rata basis using total
Cable Service subscribers within the City.
(A) “Advertising Revenues” shall mean revenues derived from sales of advertising
that are made available to Grantee’s Cable System subscribers within the City and shall be
allocated on a pro rata basis using total Cable Service subscribers reached by the advertising.
Additionally, Grantee agrees that Gross Revenues subject to franchise fees shall include all
commissions, rep fees, Affiliated Entity fees, or rebates paid to National Cable Communications
(“NCC”) and Comcast Spotlight (“Spotlight”) or their successors associated with sales of
advertising on the Cable System within the City allocated according to this paragraph using total
Cable Service subscribers reached by the advertising.
(B) “Gross Revenues” shall not include:
• actual bad debt write-offs, except any portion which is subsequently
collected which shall be allocated on a pro rata basis using Cable Services
revenue as a percentage of total subscriber revenues within the City;
• any taxes and/or fees on services furnished by Grantee imposed by any
municipality, state or other governmental unit, provided that Franchise
Fees and the FCC regulatory fee shall not be regarded as such a tax or fee;
• fees imposed by any municipality, state or other governmental unit on
Grantee including but not limited to Public, Educational and
Governmental (PEG) Fees;
• launch fees and marketing co-op fees; and,
• unaffiliated third party advertising sales agency fees which are reflected as
a deduction from revenues.
(C) To the extent revenues are received by Grantee for the provision of a discounted
bundle of services which includes Cable Services and non-Cable Services, Grantee shall
calculate revenues to be included in Gross Revenues using a methodology that allocates revenue
on a pro rata basis when comparing the bundled service price and its components to the sum of
the published rate card, except as required by specific federal, state or local law, it is expressly
understood that equipment may be subject to inclusion in the bundled price at full rate card
value. This calculation shall be applied to every bundled service package containing Cable
Service from which Grantee derives revenues in the City. The City reserves its right to review
and to challenge Grantee’s calculations.
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(D) Grantee reserves the right to change the allocation methodologies set forth in this
Section 1.29 in order to meet the standards required by governing accounting principles as
promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging
Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”).
Grantee will explain and document the required changes to the City within three (3) months of
making such changes, and as part of any audit or review of franchise fee payments, and any such
changes shall be subject to 1.29(E) below.
(E) Resolution of any disputes over the classification of revenue should first be
attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that
reference shall be made to generally accepted accounting principles (“GAAP”) as promulgated
and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task
Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding
the forgoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues,
including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the
SEC.
1.30 “Headend” means any facility for signal reception and dissemination on a Cable System,
including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, processors
for Broadcast Signals, equipment for the Interconnection of the Cable System with adjacent
Cable Systems and Interconnection of any networks which are part of the Cable System, and all
other related equipment and facilities.
1.31 “Leased Access Channel” means any Channel or portion of a Channel commercially
available for video programming by Persons other than Grantee, for a fee or charge.
1.32 “Manager” means the City Manager of the City or designee.
1.33 “Person” means any individual, sole proprietorship, partnership, association, or
corporation, or any other form of entity or organization.
1.34 “Premium Service” means programming choices (such as movie Channels, pay-per-view
programs, or video on demand) offered to Subscribers on a per-Channel, per-program or per-
event basis.
1.35 “Residential Subscriber” means any Person who receives Cable Service delivered to
Dwelling Units or Multiple Dwelling Units, excluding such Multiple Dwelling Units billed on a
bulk-billing basis.
1.36 “Right-of-Way” means each of the following which have been dedicated to the public or
are hereafter dedicated to the public and maintained under public authority or by others and
located within the City: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks,
easements, rights-of-way and similar public property and areas.
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1.37 “State” means the State of Colorado.
1.38 “Subscriber” means any Person who or which elects to subscribe to, for any purpose,
Cable Service provided by Grantee by means of or in connection with the Cable System and
whose premises are physically wired and lawfully Activated to receive Cable Service from
Grantee's Cable System, and who is in compliance with Grantee’s regular and nondiscriminatory
terms and conditions for receipt of service.
1.39 “Subscriber Network” means that portion of the Cable System used primarily by Grantee
in the transmission of Cable Services to Residential Subscribers.
1.40 “Telecommunications” means the transmission, between or among points specified by
the user, of information of the user's choosing, without change in the form or content of the
information as sent and received (as provided in 47 U.S.C. Section 153(43)).
1.41 “Telecommunications Service” means the offering of Telecommunications for a fee
directly to the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used (as provided in 47 U.S.C. Section 153(46)).
1.42 “Tier” means a group of Channels for which a single periodic subscription fee is charged.
1.43 “Two-Way” means that the Cable System is capable of providing both Upstream and
Downstream transmissions.
1.44 “Upstream” means carrying a transmission to the Headend from remote points on the
Cable System or from Interconnection points on the Cable System.
(B) EXHIBITS
The following documents, which are occasionally referred to in this Franchise, are formally
incorporated and made a part of this Franchise by this reference:
1) Exhibit A, entitled Customer Service Standards.
2) Exhibit B, entitled Report Form.
3) Exhibit C, entitled Return Line.
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SECTION 2. GRANT OF FRANCHISE
2.1 Grant
(A) The City hereby grants to Grantee a nonexclusive authorization to make
reasonable and lawful use of the Rights-of-Way within the City to construct, operate, maintain,
reconstruct and rebuild a Cable System for the purpose of providing Cable Service subject to the
terms and conditions set forth in this Franchise and in any prior utility or use agreements entered
into by Grantee with regard to any individual property. This Franchise shall constitute both a
right and an obligation to provide the Cable Services required by, and to fulfill the obligations set
forth in, the provisions of this Franchise.
(B) Nothing in this Franchise shall be deemed to waive the lawful requirements of
any generally applicable City ordinance existing as of the Effective Date, as defined in
Subsection 2.3.
(C) Each and every term, provision or condition herein is subject to the provisions of
State law, federal law, the Charter of the City, and the ordinances and regulations enacted
pursuant thereto. The Charter and Municipal Code of the City, as the same may be amended
from time to time, are hereby expressly incorporated into this Franchise as if fully set out herein
by this reference. Notwithstanding the foregoing, the City may not unilaterally alter the material
rights and obligations of Grantee under this Franchise.
(D) This Franchise shall not be interpreted to prevent the City from imposing
additional lawful conditions, including additional compensation conditions for use of the Rights-
of-Way, should Grantee provide service other than Cable Service.
(E) Grantee promises and guarantees, as a condition of exercising the privileges
granted by this Franchise, that any Affiliate of the Grantee directly involved in the offering of
Cable Service in the Franchise Area, or directly involved in the management or operation of the
Cable System in the Franchise Area, will also comply with the obligations of this Franchise.
(F) No rights shall pass to Grantee by implication. Without limiting the foregoing, by
way of example and not limitation, this Franchise shall not include or be a substitute for:
(1) Any other permit or authorization required for the privilege of transacting
and carrying on a business within the City that may be required by the ordinances and
laws of the City;
(2) Any permit, agreement, or authorization required by the City for Right-of-
Way users in connection with operations on or in Rights-of-Way or public property
including, by way of example and not limitation, street cut permits; or
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(3) Any permits or agreements for occupying any other property of the City or
private entities to which access is not specifically granted by this Franchise including,
without limitation, permits and agreements for placing devices on poles, in conduits or in
or on other structures.
(G) This Franchise is intended to convey limited rights and interests only as to those
Rights-of-Way in which the City has an actual interest. It is not a warranty of title or interest in
any Right-of-Way; it does not provide the Grantee with any interest in any particular location
within the Right-of-Way; and it does not confer rights other than as expressly provided in the
grant hereof.
(H) This Franchise does not authorize Grantee to provide Telecommunications
Service, or to construct, operate or maintain Telecommunications facilities. This Franchise is not
a bar to the provision of non-Cable Services, or to the imposition of any lawful conditions on
Grantee with respect to Telecommunications, whether similar, different or the same as the
conditions specified herein. This Franchise does not relieve Grantee of any obligation it may
have to obtain from the City an authorization to provide Telecommunications Services, or to
construct, operate or maintain Telecommunications facilities, or relieve Grantee of its obligation
to comply with any such authorizations that may be lawfully required.
2.2 Use of Rights-of-Way
(A) Subject to the City's supervision and control, Grantee may erect, install, construct,
repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Rights-of-
Way within the City such wires, cables, conductors, ducts, conduits, vaults, manholes,
amplifiers, pedestals, attachments and other property and equipment as are necessary and
appurtenant to the operation of a Cable System within the City. Grantee, through this Franchise,
is granted extensive and valuable rights to operate its Cable System for profit using the City's
Rights-of-Way in compliance with all applicable City construction codes and procedures. As
trustee for the public, the City is entitled to fair compensation as provided for in Section 3 of this
Franchise to be paid for these valuable rights throughout the term of the Franchise.
(B) Grantee must follow City established nondiscriminatory requirements for
placement of Cable System facilities in Rights-of-Way, including the specific location of
facilities in the Rights-of-Way, and must in any event install Cable System facilities in a manner
that minimizes interference with the use of the Rights-of-Way by others, including others that
may be installing communications facilities. Within limits reasonably related to the City’s role
in protecting public health, safety and welfare, the City may require that Cable System facilities
be installed at a particular time, at a specific place or in a particular manner as a condition of
access to a particular Right-of-Way; may deny access if Grantee is not willing to comply with
City's requirements; and may remove, or require removal of, any facility that is not installed by
Grantee in compliance with the requirements established by the City, or which is installed
without prior City approval of the time, place or manner of installation, and charge Grantee for
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all the costs associated with removal; and may require Grantee to cooperate with others to
minimize adverse impacts on the Rights-of-Way through joint trenching and other arrangements.
2.3 Effective Date and Term of Franchise
This Franchise and the rights, privileges and authority granted hereunder shall take effect
on _____________, 2015 (the “Effective Date”), and shall terminate on _______________, 2025
unless terminated sooner as hereinafter provided.
2.4 Franchise Nonexclusive
This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements
or licenses granted by the City to any Person to use any property, Right-of-Way, right, interest or
license for any purpose whatsoever, including the right of the City to use same for any purpose it
deems fit, including the same or similar purposes allowed Grantee hereunder. The City may at
any time grant authorization to use the Rights-of-Way for any purpose not incompatible with
Grantee's authority under this Franchise and for such additional franchises for Cable Systems as
the City deems appropriate.
2.5 Police Powers
Grantee’s rights hereunder are subject to the police powers of the City to adopt and
enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees
to comply with all laws and ordinances of general applicability enacted, or hereafter enacted, by
the City or any other legally constituted governmental unit having lawful jurisdiction over the
subject matter hereof. The City shall have the right to adopt, from time to time, such ordinances
as may be deemed necessary in the exercise of its police power; provided that such hereinafter
enacted ordinances shall be reasonable and not materially modify the terms of this Franchise.
Any conflict between the provisions of this Franchise and any other present or future lawful
exercise of the City's police powers shall be resolved in favor of the latter.
2.6 Competitive Equity
(A) The Grantee acknowledges and agrees that the City reserves the right to grant one
(1) or more additional franchises or other similar lawful authorization to provide Cable Services
within the City. If the City grants such an additional franchise or other similar lawful
authorization containing material terms and conditions that differ from Grantee’s material
obligations under this Franchise, then the City agrees that the obligations in this Franchise will,
pursuant to the process set forth in this Section, be amended to include any material terms or
conditions that it imposes upon the new entrant, or provide relief from existing material terms or
conditions, so as to insure that the regulatory and financial burdens on each entity are materially
equivalent. “Material terms and conditions” include, but are not limited to: Franchise Fees and
Gross Revenues; insurance; System build-out requirements; security instruments; Public,
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Education and Government Access Channels and support; customer service standards; required
reports and related record keeping; competitive equity (or its equivalent); audits; dispute
resolution; remedies; and notice and opportunity to cure breaches. The parties agree that this
provision shall not require a word for word identical franchise or authorization for a competitive
entity so long as the regulatory and financial burdens on each entity are materially equivalent.
Video programming services (as defined in the Cable Act) delivered over wireless broadband
networks are specifically exempted from the requirements of this Section.
(B) The modification process of this Franchise as provided for in Section 2.6 (A) shall
only be initiated by written notice by the Grantee to the City regarding specified franchise
obligations. Grantee’s notice shall address the following: (1) identifying the specific terms or
conditions in the competitive cable services franchise which are materially different from
Grantee’s obligations under this Franchise; (2) identifying the Franchise terms and conditions for
which Grantee is seeking amendments; (3) providing text for any proposed Franchise
amendments to the City, with a written explanation of why the proposed amendments are
necessary and consistent.
(C) Upon receipt of Grantee’s written notice as provided in Section 2.6 (B), the City
and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed
Franchise modifications, and that such negotiation will proceed and conclude within a ninety
(90) day time period, unless that time period is reduced or extended by mutual agreement of the
parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such
negotiations, then the City shall amend this Franchise to include the modifications.
(D) In the alternative to Franchise modification negotiations as provided for in
Section 2.6 (C), or if the City and Grantee fail to reach agreement in such negotiations, Grantee
may, at its option, elect to replace this Franchise by opting into the franchise or other similar
lawful authorization that the City grants to another provider of Cable Services, so as to insure
that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the
City shall immediately commence proceedings to replace this Franchise with the franchise issued
to the other Cable Services provider.
(E) Notwithstanding anything contained in this Section 2.6(A) through (D) to the
contrary, the City shall not be obligated to amend or replace this Franchise unless the new
entrant makes Cable Services available for purchase by Subscribers or customers under its
franchise agreement with the City.
(F) Notwithstanding any provision to the contrary, at any time that non-wireless
facilities based entity, legally authorized by state or federal law, makes available for purchase by
Subscribers or customers, Cable Services or multiple Channels of video programming within the
Franchise Area without a franchise or other similar lawful authorization granted by the City,
then:
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(1) Grantee may negotiate with the City to seek Franchise modifications as
per Section 2.6(C) above; or
(a) the term of Grantee’s Franchise shall, upon ninety (90) days written notice
from Grantee, be shortened so that the Franchise shall be deemed to expire on
a date eighteen (18) months from the first day of the month following the date
of Grantee’s notice; or,
(b) Grantee may assert, at Grantee’s option, that this Franchise is rendered
“commercially impracticable,” and invoke the modification procedures set
forth in Section 625 of the Cable Act.
2.7 Familiarity with Franchise
The Grantee acknowledges and warrants by acceptance of the rights, privileges and
agreements granted herein, that it has carefully read and fully comprehends the terms and
conditions of this Franchise and is willing to and does accept all lawful and reasonable risks of
the meaning of the provisions, terms and conditions herein. The Grantee further acknowledges
and states that it has fully studied and considered the requirements and provisions of this
Franchise, and finds that the same are commercially practicable at this time, and consistent with
all local, State and federal laws and regulations currently in effect, including the Cable Act.
2.8 Effect of Acceptance
By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City's legal
right to issue and enforce the Franchise; (2) accepts and agrees to comply with each and every
provision of this Franchise subject to Applicable Law; and (3) agrees that the Franchise was
granted pursuant to processes and procedures consistent with Applicable Law, and that it will not
raise any claim to the contrary.
SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS
3.1 Franchise Fee
As compensation for the benefits and privileges granted under this Franchise and in
consideration of permission to use the City's Rights-of-Way, Grantee shall continue to pay as a
Franchise Fee to the City, throughout the duration of and consistent with this Franchise, an
amount equal to five percent (5%) of Grantee's Gross Revenues.
3.2 Payments
Grantee's Franchise Fee payments to the City shall be computed quarterly for the
preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each
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quarterly payment shall be due and payable no later than thirty (30) days after said dates.
3.3 Acceptance of Payment and Recomputation
No acceptance of any payment shall be construed as an accord by the City that the
amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as
a release of any claim the City may have for further or additional sums payable or for the
performance of any other obligation of Grantee.
3.4 Quarterly Franchise Fee Reports
Each payment shall be accompanied by a written report to the City, or concurrently sent
under separate cover, verified by an authorized representative of Grantee, containing an accurate
statement in summarized form, as well as in detail, of Grantee's Gross Revenues and the
computation of the payment amount. Such reports shall detail all Gross Revenues of the Cable
System.
3.5 Annual Franchise Fee Reports
Grantee shall, within sixty (60) days after the end of each year, furnish to the City a
statement stating the total amount of Gross Revenues for the year and all payments, deductions
and computations for the period.
3.6 Audits
On an annual basis, upon thirty (30) days prior written notice, the City, including the
City’s Auditor or his/her authorized representative, shall have the right to conduct an
independent audit/review of Grantee's records reasonably related to the administration or
enforcement of this Franchise. Pursuant to subsection 1.29, as part of the Franchise Fee
audit/review the City shall specifically have the right to review relevant data related to the
allocation of revenue to Cable Services in the event Grantee offers Cable Services bundled with
non-Cable Services. For purposes of this section, “relevant data” shall include, at a minimum,
Grantee’s records, produced and maintained in the ordinary course of business, showing the
subscriber counts per package and the revenue allocation per package for each package that was
available for City subscribers during the audit period.To the extent that the City does not
believe that the relevant data supplied is sufficient for the City to complete its audit/review, the
City may require other relevant data. For purposes of this Section 3.6, the “other relevant data”
shall generally mean all: (1) billing reports, (2) financial reports (such as General Ledgers) and
(3) sample customer bills used by Grantee to determine Gross Revenues for the Franchise Area
that would allow the City to recompute the Gross Revenue determination. If the audit/review
shows that Franchise Fee payments have been underpaid by five percent (5%) or more (or such
other contract underpayment threshold as set forth in a generally applicable and enforceable
regulation or policy of the City related to audits), Grantee shall pay the total cost of the
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audit/review, such cost not to exceed fifteen thousand dollars ($15,000). The City’s right to
audit/review and the Grantee’s obligation to retain records related to this subsection shall expire
three (3) years after each Franchise Fee payment has been made to the City.
3.7 Late Payments
In the event any payment due quarterly is not received within thirty (30) days from the
end of the calendar quarter, Grantee shall pay interest on the amount due (at the prime rate as
listed in the Wall Street Journal on the date the payment was due), compounded daily, calculated
from the date the payment was originally due until the date the City receives the payment.
3.8 Underpayments
If a net Franchise Fee underpayment is discovered as the result of an audit, Grantee shall
pay interest at the rate of the eight percent (8%) per annum, compounded quarterly, calculated
from the date each portion of the underpayment was originally due until the date Grantee remits
the underpayment to the City.
3.9 Alternative Compensation
In the event the obligation of Grantee to compensate the City through Franchise Fee
payments is lawfully suspended or eliminated, in whole or part, then Grantee shall pay to the
City compensation equivalent to the compensation paid to the City by other similarly situated
users of the City's Rights-of-Way for Grantee's use of the City's Rights-of-Way, provided that in
no event shall such payments exceed the equivalent of five percent (5%) of Grantee's Gross
Revenues (subject to the other provisions contained in this Franchise), to the extent consistent
with Applicable Law.
3.10 Maximum Legal Compensation
The parties acknowledge that, at present, applicable federal law limits the City to
collection of a maximum permissible Franchise Fee of five percent (5%) of Gross Revenues. In
the event that at any time during the duration of this Franchise, the City is authorized to collect
an amount in excess of five percent (5%) of Gross Revenues, then this Franchise may be
amended unilaterally by the City to provide that such excess amount shall be added to the
Franchise Fee payments to be paid by Grantee to the City hereunder, provided that Grantee has
received at least ninety (90) days prior written notice from the City of such amendment, so long
as all cable operators in the City are paying the same Franchise Fee amount.
3.11 Additional Commitments Not Franchise Fee Payments
No term or condition in this Franchise, including the funding required by Section 9, shall
in any way modify or affect Grantee's obligation to pay Franchise Fees. Although the total sum
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of Franchise Fee payments and additional commitments set forth elsewhere in this Franchise
may total more than five percent (5%) of Grantee's Gross Revenues in any twelve (12) month
period, Grantee agrees that the additional commitments herein are not Franchise Fees as defined
under any federal law, nor are they to be offset or credited against any Franchise Fee payments
due to the City, nor do they represent an increase in Franchise Fees.
3.12 Tax Liability
The Franchise Fees shall be in addition to any and all taxes or other levies or assessments
which are now or hereafter required to be paid by businesses in general by any law of the City,
the State or the United States including, without limitation, sales, use and other taxes, business
license fees or other payments. Payment of the Franchise Fees under this Franchise shall not
exempt Grantee from the payment of any other license fee, permit fee, tax or charge on the
business, occupation, property or income of Grantee that may be lawfully imposed by the City.
Any other license fees, taxes or charges shall be of general applicability in nature and shall not
be levied against Grantee solely because of its status as a Cable Operator, or against Subscribers,
solely because of their status as such.
3.13 Financial Records
Grantee agrees to meet with a representative of the City upon request to review Grantee's
methodology of record-keeping, financial reporting, the computing of Franchise Fee obligations
and other procedures, the understanding of which the City deems necessary for reviewing reports
and records.
3.14 Payment on Termination
If this Franchise terminates for any reason, the Grantee shall file with the City within
ninety (90) calendar days of the date of the termination, a financial statement, certified by an
independent certified public accountant, showing the Gross Revenues received by the Grantee
since the end of the previous fiscal year. The City reserves the right to satisfy any remaining
financial obligations of the Grantee to the City by utilizing the funds available in the letter of
credit or other security provided by the Grantee.
SECTION 4. ADMINISTRATION AND REGULATION
4.1 Authority
(A) The City shall be vested with the power and right to reasonably regulate the
exercise of the privileges permitted by this Franchise in the public interest, or to delegate that
power and right, or any part thereof, to the extent permitted under Federal, State and local law, to
any agent, in its sole discretion.
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(B) Nothing in this Franchise shall limit nor expand the City's right of eminent
domain under State law.
4.2 Rates and Charges
All of Grantee’s rates and charges related to or regarding Cable Services shall be subject
to regulation by the City to the full extent authorized by applicable federal, State and local laws.
4.3 Rate Discrimination
All of Grantee’s rates and charges shall be published (in the form of a publicly-available
rate card) and be non-discriminatory as to all Persons and organizations of similar classes, under
similar circumstances and conditions. Grantee shall apply its rates in accordance with
Applicable Law, with identical rates and charges for all Subscribers receiving identical Cable
Services, without regard to race, color, ethnic or national origin, religion, age, sex, sexual
orientation, marital, military or economic status, or physical or mental disability or geographic
location within the City. Grantee shall offer the same Cable Services to all Residential
Subscribers at identical rates to the extent required by Applicable Law and to Multiple Dwelling
Unit Subscribers to the extent authorized by FCC rules or applicable Federal law. Grantee shall
permit Subscribers to make any lawful in-residence connections the Subscriber chooses without
additional charge nor penalizing the Subscriber therefor. However, if any in-home connection
requires service from Grantee due to signal quality, signal leakage or other factors, caused by
improper installation of such in-home wiring or faulty materials of such in-home wiring, the
Subscriber may be charged reasonable service charges by Grantee. Nothing herein shall be
construed to prohibit:
(A) The temporary reduction or waiving of rates or charges in conjunction with valid
promotional campaigns; or,
(B) The offering of reasonable discounts to senior citizens or economically
disadvantaged citizens; or,
(C) The offering of rate discounts for Cable Service; or,
(D) The Grantee from establishing different and nondiscriminatory rates and charges
and classes of service for Commercial Subscribers, as allowable by federal law and regulations.
4.4 Filing of Rates and Charges
(A) Throughout the term of this Franchise, Grantee shall maintain on file with the
City a complete schedule of applicable rates and charges for Cable Services provided under this
Franchise. Nothing in this subsection shall be construed to require Grantee to file rates and
charges under temporary reductions or waivers of rates and charges in conjunction with
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promotional campaigns.
(B) Upon request of the City, Grantee shall provide a complete schedule of current
rates and charges for any and all Leased Access Channels, or portions of such Channels,
provided by Grantee. The schedule shall include a description of the price, terms, and conditions
established by Grantee for Leased Access Channels.
4.5 Cross Subsidization
Grantee shall comply with all Applicable Laws regarding rates for Cable Services and all
Applicable Laws covering issues of cross subsidization.
4.6 Reserved Authority
Both Grantee and the City reserve all rights they may have under the Cable Act and any
other relevant provisions of federal, State, or local law.
4.7 Time Limits Strictly Construed
Whenever this Franchise sets forth a time for any act to be performed by Grantee, such
time shall be deemed to be of the essence, and any failure of Grantee to perform within the
allotted time may be considered a breach of this Franchise, and sufficient grounds for the City to
invoke any relevant remedy in accordance with Section 13.1 of this Franchise.
4.8 Franchise Amendment Procedure
Either party may at any time seek an amendment of this Franchise by so notifying the
other party in writing. Within thirty (30) days of receipt of notice, the City and Grantee shall
meet to discuss the proposed amendment(s). If the parties reach a mutual agreement upon the
suggested amendment(s), such amendment(s) shall be submitted to the City Council for its
approval. If so approved by the City Council and the Grantee, then such amendment(s) shall be
deemed part of this Franchise. If mutual agreement is not reached, there shall be no amendment.
4.9 Performance Evaluations
(A) The City may hold performance evaluation sessions upon ninety (90) days written
notice, provided that such evaluation sessions shall be held no more frequently than once every
two (2) years. All such evaluation sessions shall be conducted by the City.
(B) Special evaluation sessions may be held at any time by the City during the term of
this Franchise, upon ninety (90) days written notice to Grantee.
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(C) All regular evaluation sessions shall be open to the public and announced at least
two (2) weeks in advance in any manner within the discretion of the City. Grantee shall also
include with or on the Subscriber billing statements for the billing period immediately preceding
the commencement of the session, written notification of the date, time, and place of the regular
performance evaluation session, and any special evaluation session as required by the City,
provided Grantee receives appropriate advance notice.
(D) Topics which may be discussed at any evaluation session may include, but are not
limited to, Cable Service rate structures; Franchise Fee payments; liquidated damages; free or
discounted Cable Services; application of new technologies; Cable System performance; Cable
Services provided; programming offered; Subscriber complaints; privacy; amendments to this
Franchise; judicial and FCC rulings; line extension policies; and the City or Grantee's rules;
provided that nothing in this subsection shall be construed as requiring the renegotiation of this
Franchise.
(E) During evaluations under this subsection, Grantee shall fully cooperate with the
City and shall provide such information and documents as the City may reasonably require to
perform the evaluation.
4.10 Late Fees
(A) For purposes of this subsection, any assessment, charge, cost, fee or sum,
however characterized, that the Grantee imposes upon a Subscriber solely for late payment of a
bill is a late fee and shall be applied in accordance with the City’s Customer Service Standards,
as the same may be amended from time to time by the City Council acting by ordinance or
resolution, or as the same may be superseded by legislation or final court order.
(B) Nothing in this subsection shall be deemed to create, limit or otherwise affect the
ability of the Grantee, if any, to impose other assessments, charges, fees or sums other than those
permitted by this subsection, for the Grantee's other services or activities it performs in
compliance with Applicable Law, including FCC law, rule or regulation.
(C) The Grantee's late fee and disconnection policies and practices shall be
nondiscriminatory and such policies and practices, and any fees imposed pursuant to this
subsection, shall apply equally in all parts of the City without regard to the neighborhood or
income level of the Subscriber.
4.11 Force Majeure
In the event Grantee is prevented or delayed in the performance of any of its obligations
under this Franchise by reason beyond the control of Grantee, Grantee shall have a reasonable
time, under the circumstances, to perform the affected obligation under this Franchise or to
procure a substitute for such obligation which is satisfactory to the City. Those conditions which
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are not within the control of Grantee include, but are not limited to, natural disasters, civil
disturbances, work stoppages or labor disputes, power outages, telephone network outages, and
severe or unusual weather conditions which have a direct and substantial impact on the Grantee’s
ability to provide Cable Services in the City and which was not caused and could not have been
avoided by the Grantee which used its best efforts in its operations to avoid such results.
If Grantee believes that a reason beyond its control has prevented or delayed its
compliance with the terms of this Franchise, Grantee shall provide documentation as reasonably
required by the City to substantiate the Grantee’s claim. If Grantee has not yet cured the
deficiency, Grantee shall also provide the City with its proposed plan for remediation, including
the timing for such cure.
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
5.1 Indemnification
(A) General Indemnification. Grantee shall indemnify, defend and hold the City, its
officers, officials, boards, commissions, agents and employees, harmless from any action or
claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and
reasonable attorneys' fees or reasonable expenses, arising from any casualty or accident to Person
or property, including, without limitation, copyright infringement, defamation, and all other
damages in any way arising out of, or by reason of, any construction, excavation, operation,
maintenance, reconstruction, or any other act done under this Franchise, by or for Grantee, its
agents, or its employees, or by reason of any neglect or omission of Grantee. Grantee shall
consult and cooperate with the City while conducting its defense of the City.
(B) Indemnification for Relocation. Grantee shall indemnify the City for any
damages, claims, additional costs or reasonable expenses assessed against, or payable by, the
City arising out of, or resulting from, directly or indirectly, Grantee's failure to remove, adjust or
relocate any of its facilities in the Rights-of-Way in a timely manner in accordance with any
relocation required by the City.
(C) Additional Circumstances. Grantee shall also indemnify, defend and hold the
City harmless for any claim for injury, damage, loss, liability, cost or expense, including court
and appeal costs and reasonable attorneys' fees or reasonable expenses in any way arising out of:
(1) The lawful actions of the City in granting this Franchise to the extent such
actions are consistent with this Franchise and Applicable Law.
(2) Damages arising out of any failure by Grantee to secure consents from the
owners, authorized distributors, or licensees/licensors of programs to be delivered by the
Cable System, whether or not any act or omission complained of is authorized, allowed
or prohibited by this Franchise.
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(D) Procedures and Defense. If a claim or action arises, the City or any other
indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall
be at Grantee’s expense. The City may participate in the defense of a claim, but if Grantee
provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees,
expenses or other costs that City may incur if it chooses to participate in the defense of a claim,
unless and until separate representation as described below in Paragraph 5.1(F) is required. In
that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for
City’s/County’s/Town’s attorney’s fees, expenses or other costs. In any event, Grantee may not
agree to any settlement of claims affecting the City without the City's approval.
(E) Non-waiver. The fact that Grantee carries out any activities under this Franchise
through independent contractors shall not constitute an avoidance of or defense to Grantee's duty
of defense and indemnification under this subsection.
(F) Expenses. If separate representation to fully protect the interests of both parties is
or becomes necessary, such as a conflict of interest between the City and the counsel selected by
Grantee to represent the City, Grantee shall pay, from the date such separate representation is
required forward, all reasonable expenses incurred by the City in defending itself with regard to
any action, suit or proceeding indemnified by Grantee. Provided, however, that in the event that
such separate representation is or becomes necessary, and City desires to hire counsel or any
other outside experts or consultants and desires Grantee to pay those expenses, then City shall be
required to obtain Grantee’s consent to the engagement of such counsel, experts or consultants,
such consent not to be unreasonably withheld. The City's expenses shall include all reasonable
out-of-pocket expenses, such as consultants' fees, and shall also include the reasonable value of
any services rendered by the City Attorney or his/her assistants or any employees of the City or
its agents but shall not include outside attorneys’ fees for services that are unnecessarily
duplicative of services provided the City by Grantee.
5.2 Insurance
(A) Grantee shall maintain in full force and effect at its own cost and expense each of
the following policies of insurance:
(1) Commercial General Liability insurance with limits of no less than one
million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01
1/96 or its equivalent and include severability of interests. Such insurance shall name the
City, its officers, officials and employees as additional insureds per ISO CG 2026 or its
equivalent. There shall be a waiver of subrogation and rights of recovery against the
City, its officers, officials and employees. Coverage shall apply as to claims between
insureds on the policy, if applicable.
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(2) Commercial Automobile Liability insurance with minimum combined
single limits of one million dollars ($1,000,000.00) each occurrence with respect to each
of Grantee’s owned, hired and non-owned vehicles assigned to or used in the operation of
the Cable System in the City. The policy shall contain a severability of interests
provision.
(B) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirty (30) days' written notice first provided to the
City, via certified mail, and ten (10) days' notice for nonpayment of premium. If the insurance is
canceled or materially altered so as to be out of compliance with the requirements of this
subsection within the term of this Franchise, Grantee shall provide a replacement policy.
Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts
required, for the duration of this Franchise and, in the case of the Commercial General Liability,
for at least one (1) year after expiration of this Franchise.
5.3 Deductibles / Certificate of Insurance
Any deductible of the policies shall not in any way limit Grantee's liability to the City.
(A) Endorsements.
(1) All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees
and agents are to be covered as, and have the rights of, additional insureds with
respect to liability arising out of activities performed by, or on behalf of, Grantee
under this Franchise or Applicable Law, or in the construction, operation or
repair, or ownership of the Cable System;
(b) Grantee's insurance coverage shall be primary insurance with
respect to the City, its officers, officials, boards, commissions, employees and
agents. Any insurance or self-insurance maintained by the City, its officers,
officials, boards, commissions, employees and agents shall be in excess of the
Grantee's insurance and shall not contribute to it; and
(c) Grantee's insurance shall apply separately to each insured against
whom a claim is made or lawsuit is brought, except with respect to the limits of
the insurer's liability.
(B) Acceptability of Insurers. The insurance obtained by Grantee shall be placed with
insurers with a Best's rating of no less than "A- VI."
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(C) Verification of Coverage. The Grantee shall furnish the City with certificates of
insurance and endorsements or a copy of the page of the policy reflecting blanket additional
insured status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices.
(D) Self-Insurance In the alternative to providing a certificate of insurance to the City
certifying insurance coverage as required above, Grantee may provide self-insurance in the same
amount and level of protection for Grantee and City, its officers, agents and employees as
otherwise required under this Section. The adequacy of self-insurance shall be subject to the
periodic review and approval of the City.
5.4 Letter of Credit
(A) If there is a claim by the City of an uncured breach by Grantee of a material
provision of this Franchise or pattern of repeated violations of any provision(s) of this Franchise,
then the City may require and Grantee shall establish and provide within thirty (30) days from
receiving notice from the City, to the City as security for the faithful performance by Grantee of
all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to
the City in the amount of fifty thousand dollars ($50,000).
(B) In the event that Grantee establishes a letter of credit pursuant to the procedures of
this Section, then the letter of credit shall be maintained at fifty thousand dollars ($50,000) until
the allegations of the uncured breach have been resolved.
(C) As an alternative to the provision of a Letter of Credit to the City as set forth in
Subsections 5.4 (A) and (B) above, if the City is a member of CCUA, and if Grantee provides a
Letter of Credit to CCUA in an amount agreed to between Grantee and CCUA for the benefit of
its members, in order to collectively address claims reference in 5.4 (A), Grantee shall not be
required to provide a separate Letter of Credit to the City.
(D) After completion of the procedures set forth in Section 13.1 or other applicable
provisions of this Franchise, the letter of credit may be drawn upon by the City for purposes
including, but not limited to, the following:
(1) Failure of Grantee to pay the City sums due under the terms of this
Franchise;
(2) Reimbursement of costs borne by the City to correct Franchise violations
not corrected by Grantee;
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(3) Monetary remedies or damages assessed against Grantee due to default or
breach of Franchise requirements; and,
(4) Failure to comply with the Customer Service Standards of the City, as the
same may be amended from time to time by the City Council acting by ordinance or
resolution.
(E) The City shall give Grantee written notice of any withdrawal under this
subsection upon such withdrawal. Within seven (7) days following receipt of such notice,
Grantee shall restore the letter of credit to the amount required under this Franchise.
(F) Grantee shall have the right to appeal to the City Council for reimbursement in the
event Grantee believes that the letter of credit was drawn upon improperly. Grantee shall also
have the right of judicial appeal if Grantee believes the letter of credit has not been properly
drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully
withdraws from the letter of credit shall be returned to Grantee with interest, from the date of
withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal.
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards
Grantee shall comply with Customer Service Standards of the City, as the same may be
amended from time to time by the City Council in its sole discretion, acting by ordinance. Any
requirement in Customer Service Standards for a “local” telephone number may be met by the
provision of a toll-free number. The Customer Services Standards in effect as of the Effective
Date of this Franchise are attached as Exhibit A. Grantee reserves the right to challenge any
customer service ordinance which it believes is inconsistent with its contractual rights under this
Franchise.
6.2 Subscriber Privacy
(A) The Grantee’s provision of Cable Service shall be subject to the provisions of
Applicable Law regarding limitations on the Grantee's collection and use of personally
identifiable information, and the protection of subscriber privacy.
(B) Nothing in this Franchise shall be read to limit the City's right to adopt other
consumer or customer protection laws regarding Grantee’s collection and use of personally
identifiable information and the protection of subscriber privacy consistent with Applicable Law,
and to apply those laws to Grantee.
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6.3 Subscriber Contracts
Grantee shall not enter into a contract with any Subscriber which is in any way
inconsistent with the terms of this Franchise, or any Exhibit hereto, or the requirements of any
applicable Customer Service Standard. Upon request, Grantee will provide to the City a sample
of the Subscriber contract or service agreement then in use.
6.4 Advance Notice to City
The Grantee shall use reasonable efforts to furnish information provided to Subscribers or
the media in the normal course of business to the City in advance.
6.5 Identification of Local Franchise Authority on Subscriber Bills
Within sixty (60) days after written request from the City, Grantee shall place the City’s
phone number on its Subscriber bills, to identify where a Subscriber may call to address
escalated complaints.
SECTION 7. REPORTS AND RECORDS
7.1 Open Records
Grantee shall manage all of its operations in accordance with a policy of keeping its
documents and records open and accessible to the City. The City, including the City’s Auditor
or his/her authorized representative, shall have access to, and the right to inspect, any books and
records of Grantee, its parent corporations and Affiliates which are reasonably related to the
administration or enforcement of the terms of this Franchise. Grantee shall not deny the City
access to any of Grantee's records on the basis that Grantee's records are under the control of any
parent corporation, Affiliate or a third party. The City may, in writing, request copies of any
such records or books and Grantee shall provide such copies within thirty (30) days of the
transmittal of such request. One (1) copy of all reports and records required under this or any
other subsection shall be furnished to the City, at the sole expense of Grantee. If the requested
books and records are too voluminous, or for security reasons cannot be copied or removed, then
Grantee may request, in writing within ten (10) days, that the City inspect them at Grantee's local
offices. If any books or records of Grantee are not kept in a local office and not made available
in copies to the City upon written request as set forth above, and if the City determines that an
examination of such records is necessary or appropriate for the performance of any of the City's
duties, administration or enforcement of this Franchise, then all reasonable travel and related
expenses incurred in making such examination shall be paid by Grantee.
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7.2 Confidentiality
The City agrees to treat as confidential any books or records that constitute proprietary or
confidential information under federal or State law, to the extent Grantee makes the City aware
of such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the
word "Confidential" on each page that contains confidential or proprietary information, and shall
provide a brief written explanation as to why such information is confidential under State or
federal law. If the City believes it must release any such confidential books and records in the
course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so
that Grantee may take appropriate steps to protect its interests. If the City receives a demand
from any Person for disclosure of any information designated by Grantee as confidential, the
City shall, so far as consistent with Applicable Law, advise Grantee and provide Grantee with a
copy of any written request by the party demanding access to such information within a
reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, the City
agrees that, to the extent permitted by State and federal law, it shall deny access to any of
Grantee's books and records marked confidential as set forth above to any Person. Grantee shall
reimburse the City for all reasonable costs and attorneys fees incurred in any legal proceedings
pursued under this Section.
7.3 Records Required
(A) Grantee shall at all times maintain, and shall furnish to the City upon 30 days
written request and subject to Applicable Law:
(1) A complete set of maps showing the exact location of all Cable System
equipment and facilities in the Right-of-Way, but excluding detail on proprietary
electronics contained therein and Subscriber drops. As-built maps including proprietary
electronics shall be available at Grantee's offices for inspection by the City’s authorized
representative(s) or agent(s) and made available to such during the course of technical
inspections as reasonably conducted by the City. These maps shall be certified as
accurate by an appropriate representative of the Grantee;
(2) A copy of all FCC filings on behalf of Grantee, its parent corporations or
Affiliates which relate to the operation of the Cable System in the City;
(3) Current Subscriber Records and information;
(4) A log of Cable Services added or dropped, Channel changes, number of
Subscribers added or terminated, all construction activity, and total homes passed for the
previous twelve (12) months; and
(5) A list of Cable Services, rates and Channel line-ups.
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(B) Subject to subsection 7.2, all information furnished to the City is public
information, and shall be treated as such, except for information involving the privacy rights of
individual Subscribers.
7.4 Annual Reports
Within sixty (60) days of the City’s written request, Grantee shall submit to the City a
written report, in a form acceptable to the City, which shall include, but not necessarily be
limited to, the following information for the City:
(A) A Gross Revenue statement, as required by subsection 3.5 of this Franchise;
(B) A summary of the previous year's activities in the development of the Cable
System, including, but not limited to, Cable Services begun or discontinued during the reporting
year, and the number of Subscribers for each class of Cable Service (i.e., Basic, Digital Starter,
and Premium);
(C) The number of homes passed, beginning and ending plant miles, any services
added or dropped, and any technological changes occurring in the Cable System;
(D) A statement of planned construction, if any, for the next year; and,
(E) A copy of the most recent annual report Grantee filed with the SEC or other
governing body.
The parties agree that the City’s request for these annual reports shall remain effective, and need
only be made once. Such a request shall require the Grantee to continue to provide the reports
annually, until further written notice from the City to the contrary.
7.5 Copies of Federal and State Reports
Within thirty (30) days of a written request, Grantee shall submit to the City copies of all
pleadings, applications, notifications, communications and documents of any kind, submitted by
Grantee or its parent corporation(s), to any federal, State or local courts, regulatory agencies and
other government bodies if such documents directly relate to the operations of Grantee's Cable
System within the City. Grantee shall not claim confidential, privileged or proprietary rights to
such documents unless under federal, State, or local law such documents have been determined
to be confidential by a court of competent jurisdiction, or a federal or State agency.
7.6 Complaint File and Reports
(A) Grantee shall keep an accurate and comprehensive file of any complaints
regarding the Cable System, in a manner consistent with the privacy rights of Subscribers, and
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Grantee's actions in response to those complaints. These files shall remain available for viewing
to the City during normal business hours at Grantee’s local business office.
(B) Within thirty (30) days of a written request, Grantee shall provide the City a
quarterly executive summary in the form attached hereto as Exhibit B, which shall include the
following information from the preceding quarter:
(1) A summary of service calls, identifying the number and nature of the
requests and their disposition;
(2) A log of all service interruptions;
(3) A summary of customer complaints referred by the City to Grantee; and,
(4) Such other information as reasonably requested by the City.
The parties agree that the City’s request for these summary reports shall remain effective, and
need only be made once. Such a request shall require the Grantee to continue to provide the
reports quarterly, until further written notice from the City to the contrary.
7.7 Failure to Report
The failure or neglect of Grantee to file any of the reports or filings required under this
Franchise or such other reports as the City may reasonably request (not including clerical errors
or errors made in good faith), may, at the City 's option, be deemed a breach of this Franchise.
7.8 False Statements
Any false or misleading statement or representation in any report required by this
Franchise (not including clerical errors or errors made in good faith) may be deemed a material
breach of this Franchise and may subject Grantee to all remedies, legal or equitable, which are
available to the City under this Franchise or otherwise.
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories
Grantee shall provide or enable the provision of at least the following initial broad
categories of programming to the extent such categories are reasonably available:
(A) Educational programming;
(B) Colorado news, weather & information;
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(C) Sports;
(D) General entertainment (including movies);
(E) Children/family-oriented;
(F) Arts, culture and performing arts;
(G) Foreign language;
(H) Science/documentary;
(I) National news, weather and information;
(J) Travel/outdoors; and
(K) Public, Educational and Government Access, to the extent required by this
Franchise.
8.2 Deletion or Reduction of Broad Programming Categories
(A) Grantee shall not delete or so limit as to effectively delete any broad category of
programming within its control without the prior written consent of the City.
(B) In the event of a modification proceeding under federal law, the mix and quality
of Cable Services provided by Grantee on the Effective Date of this Franchise shall be deemed
the mix and quality of Cable Services required under this Franchise throughout its term.
8.3 Obscenity
Grantee shall not transmit, or permit to be transmitted over any Channel subject to its
editorial control, any programming which is obscene under, or violates any provision of,
Applicable Law relating to obscenity, and is not protected by the Constitution of the United
States. Grantee shall be deemed to have transmitted or permitted a transmission of obscene
programming only if a court of competent jurisdiction has found that any of Grantee's officers or
employees or agents have permitted programming which is obscene under, or violative of, any
provision of Applicable Law relating to obscenity, and is otherwise not protected by the
Constitution of the United States, to be transmitted over any Channel subject to Grantee's
editorial control. Grantee shall comply with all relevant provisions of federal law relating to
obscenity.
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8.4 Parental Control Device
Upon request by any Subscriber, Grantee shall make available a parental control or
lockout device, traps or filters to enable a Subscriber to control access to both the audio and
video portions of any or all Channels. Grantee shall inform its Subscribers of the availability of
the lockout device at the time of their initial subscription and periodically thereafter. Any device
offered shall be at a rate, if any, in compliance with Applicable Law.
8.5 Continuity of Service Mandatory
(A) It shall be the right of all Subscribers to continue to receive Cable Service from
Grantee insofar as their financial and other obligations to Grantee are honored. The Grantee shall
act so as to ensure that all Subscribers receive continuous, uninterrupted Cable Service regardless
of the circumstances. For the purposes of this subsection, "uninterrupted" does not include short-
term outages of the Cable System for maintenance or testing.
(B) In the event of a change of grantee, or in the event a new Cable Operator acquires
the Cable System in accordance with this Franchise, Grantee shall cooperate with the City, new
franchisee or Cable Operator in maintaining continuity of Cable Service to all Subscribers.
During any transition period, Grantee shall be entitled to the revenues for any period during
which it operates the Cable System, and shall be entitled to reasonable costs for its services when
it no longer operates the Cable System.
(C) In the event Grantee fails to operate the Cable System for ninety-six (96) hours in
any seven (7) day period without prior approval of the Manager, or without just cause, the City
may, at its option, operate the Cable System itself or designate another Cable Operator until such
time as Grantee restores service under conditions acceptable to the City or a permanent Cable
Operator is selected. If the City is required to fulfill this obligation for Grantee, Grantee shall
reimburse the City for all reasonable costs or damages that are the result of Grantee's failure to
perform.
8.6 Services for the Disabled
Grantee shall comply with the Americans with Disabilities Act and any amendments
thereto.
SECTION 9. ACCESS
9.1 Designated Access Providers
(A) The City shall have the sole and exclusive responsibility for identifying the
Designated Access Providers, including itself for Access purposes, to control and manage the use
of any or all Access Facilities provided by Grantee under this Franchise. As used in this Section,
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such “Access Facilities” includes the Channels, services, facilities, equipment, technical
components and/or financial support provided under this Franchise, which is used or useable by
and for Public Access, Educational Access, and Government Access (“PEG” or “PEG Access”).
(B) Grantee shall cooperate with City in City’s efforts to provide Access
programming, but will not be responsible or liable for any damages resulting from a claim in
connection with the programming placed on the Access Channels by the Designated Access
Provider.
9.2 Channel Capacity and Use
(A) Grantee shall make available to City up to seven (7) Downstream Channels for
PEG use as provided for in this Section.
(B) Grantee shall have the right to temporarily use any Channel, or portion thereof,
which is allocated under this Section for Public, Educational, or Governmental Access use,
within sixty (60) days after a written request for such use is submitted to City, if such Channel is
not "fully utilized" as defined herein. A Channel shall be considered fully utilized if
substantially unduplicated programming is delivered over it more than an average of 38 hours
per week over a six (6) month period. Programming that is repeated on an Access Channel up to
two times per day shall be considered “unduplicated programming.” Character-generated
programming shall be included for purposes of this subsection, but may be counted towards the
total average hours only with respect to two (2) Channels provided to City. If a Channel
allocated for Public, Educational, or Governmental Access use will be used by Grantee in
accordance with the terms of this subsection, the institution to which the Channel has been
allocated shall have the right to require the return of the Channel or portion thereof. City shall
request return of such Channel space by delivering written notice to Grantee stating that the
institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this
subsection. In such event, the Channel or portion thereof shall be returned to such institution
within sixty (60) days after receipt by Grantee of such written notice.
(C) Standard Definition (“SD”) Digital Access Channels.
(1) Grantee shall provide five (5) Activated Downstream Channels for PEG
Access use in a standard definition (“SD”) digital format in Grantee’s Basic Service (“SD
Access Channel”), one each for the Poudre School District, Colorado State University,
and Public Access, and two for the City of Fort Collins. Grantee shall carry all
components of the SD Access Channel Signals provided by a Designated Access
Provider including, but not limited to, closed captioning, stereo audio and other elements
associated with the Programming. A Designated Access Provider shall be responsible for
providing the SD Access Channel Signal in an SD format to the demarcation point at the
designated point of origination for the SD Access Channel. Grantee shall transport and
distribute the SD Access Channel signal on its Cable System and shall not unreasonably
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discriminate against SD Access Channels with respect to accessibility, functionality and
to the application of any applicable Federal Communications Commission Rules &
Regulations, including without limitation Subpart K Channel signal standards.
(2) With respect to signal quality, Grantee shall not be required to carry a SD
Access Channel in a higher quality format than that of the SD Access Channel signal
delivered to Grantee, but Grantee shall distribute the SD Access Channel signal without
degradation. Upon reasonable written request by a Designated Access Provider, Grantee
shall verify signal delivery to Subscribers with the Designated Access Provider,
consistent with the requirements of this Section 9.2(C).
(3) Grantee shall be responsible for costs associated with the transmission of
SD Access signals on its side of the demarcation point which for the purposes of this
Section 9.2 (C)(3), shall mean up to and including the modulator where the City signal is
converted into a format to be transmitted over a fiber connection to Grantee. The City or
Designated Access Provider shall be responsible for costs associated with SD Access
signal transmission on its side of the demarcation point.
(4) SD Access Channels may require Subscribers to buy or lease special
equipment, available to all Subscribers, and subscribe to those tiers of Cable Service,
upon which SD channels are made available. Grantee is not required to provide free SD
equipment to Subscribers, including complimentary government and educational
accounts, nor modify its equipment or pricing policies in any manner.
(D) High Definition (“HD”) Digital Access Channels.
(1) After the Effective Date and with at least one hundred twenty (120) days
written notice, Grantee shall activate one (1) HD Access Channel, for which the City may
provide Access Channel signals in HD format to the demarcation point at the designated
point of origination for the Access Channel. After the first anniversary of the Effective
Date, and with at least 120 day written notice to Grantee, the City may request, and
Grantee shall provide on its Cable System, one (1) additional Activated Downstream
Channel for PEG Access use in a High Definition (“HD”) digital format (“HD Access
Channel or Channels”). Activation of such HD Access Channels shall only occur after
the following conditions are satisfied:
(a) The City shall, in its written notice to Grantee as provided for in this
Section, confirm that it or its Designated Access Provider has the capabilities to produce,
has been producing and will produce programming in an HD format for the newly
activated HD Access Channel(s); and,
(b) There will be a minimum of five (5) hours per-day, five days per-week of
HD PEG programming available for each HD Access Channel.
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(2) The City shall be responsible for providing the HD Access Channel signal
in an HD digital format to the demarcation point at the designated point of origination for
the HD Access Channels. For purposes of this Franchise, an HD signal refers to a
television signal delivering picture resolution of either 720p or 1080i, or such other
resolution in this same range that Grantee utilizes for other similar non-sport, non-movie
programming channels on the Cable System, whichever is greater.
(3) Grantee shall transport and distribute the HD Access Channels signal on
its Cable System and shall not unreasonably discriminate against HD Access Channels
with respect to accessibility, functionality and to the application of any applicable Federal
Communications Commission Rules & Regulations, including without limitation Subpart
K Channel signal standards. With respect to signal quality, Grantee shall not be required
to carry an HD Access Channel in a higher quality format than that of the HD Access
Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel
signal without degradation. Grantee shall carry all components of the HD Access
Channel signals provided by the Designated Access Provider including, but not limited
to, closed captioning, stereo audio and other elements associated with the Programming.
Upon reasonable written request by the City, Grantee shall verify signal delivery to
Subscribers with the City, consistent with the requirements of this Section 9.2(D).
(4) HD Access Channels may require Subscribers to buy or lease special
equipment, available to all Subscribers, and subscribe to those tiers of Cable Service,
upon which HD channels are made available. Grantee is not required to provide free HD
equipment to Subscribers, including complimentary government and educational
accounts, nor modify its equipment or pricing policies in any manner.
(5) The City or any Designated Access Provider is responsible for acquiring
all equipment necessary to produce programming in HD.
(6) Grantee shall cooperate with the City to procure and provide, at City’s
cost, all necessary transmission equipment from the Designated Access Provider channel
origination point, at Grantee’s headend and through Grantee’s distribution system, in
order to deliver the HD Access Channels. The City shall be responsible for the costs of
all transmission equipment, including HD modulator and demodulator, and encoder or
decoder equipment, and multiplex equipment, required in order for Grantee to receive
and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to
the video return line. The City and Grantee agree that such expense of acquiring and
installing the transmission equipment or upgrades to the video return line qualifies as a
capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section
542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG
Capital fees provided for in this Franchise.
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(E) Grantee shall simultaneously carry the two (2) HD Access Channels provided for
in Section 9.2(D) in high definition format on the Cable System, in addition to simultaneously
carrying in standard definition format the SD Access Channels provided pursuant to Subsection
9.2(C).
(F) There shall be no restriction on Grantee’s technology used to deploy and deliver
SD or HD signals so long as the requirements of the Franchise are otherwise met. Grantee may
implement HD carriage of the PEG channel in any manner (including selection of compression,
utilization of IP, and other processing characteristics) that produces a signal quality for the
consumer that is reasonably comparable and functionally equivalent to similar commercial HD
channels carried on the Cable System. In the event the City believes that Grantee fails to meet
this standard, City will notify Grantee of such concern, and Grantee will respond to any
complaints in a timely manner.
9.3 Access Channel Assignments
Grantee will use reasonable efforts to minimize the movement of SD and HD Access
Channel assignments. Grantee shall also use reasonable efforts to institute common SD and HD
Access Channel assignments among the CCUA members served by the same Headend as City
for compatible Access programming, for example, assigning all Educational Access Channels
programmed by higher education organizations to the same Channel number. In addition,
Grantee will make reasonable efforts to locate HD Access Channels provided pursuant to
Subsection 9.2(D) in a location on its HD Channel line-up that is easily accessible to
Subscribers.
9.4 Relocation of Access Channels
Grantee shall provide the City with a minimum of sixty (60) days notice, and use its best efforts
to provide one hundred twenty (120) days notice, prior to the time any Access Channel
designation is changed, unless the change is required by federal law, in which case Grantee shall
give the City the maximum notice possible. Any new Channel designations for the Access
Channels provided pursuant to this Franchise shall be in full compliance with FCC signal quality
and proof-of-performance standards.
9.5 Web-Based Video On Demand and Streaming
(A) Grantee shall provide at no cost to the City, which the City directs to be used for
one of its Designated Access Providers, the Fort Collins Public Access Network (FCPAN), at
200 Mathews Street, a business class broadband connection, broadband service and all necessary
hardware, to enable FCPAN’s delivery of web-based PEG content. If, during the term of this
Franchise, FCPAN moves its location and such new location does not have the capacity to
connect and receive the broadband service described in this Section 9.5(A), the cost of upgrading
the network to enable such service shall be incurred by the City or the Designated Access
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Provider. The broadband connection provided herein shall be used exclusively for web-based on
demand Access programming and/or web-based video streaming of Access content. Within
ninety (90) days after written request of the City, Grantee shall additionally provide a one time
grant of funding, in an amount not to exceed twenty thousand dollars ($20,000) which the City,
or at its discretion, a Designated Access Provider shall use to acquire and/or for replacement
costs for capital expenses incurred with facilitating the web-based Access programming
described in this Section 9.5.
(B) The City’s Designated Access Provider(s) shall be responsible for its own
additional costs related to a video on demand server, broadband connection and service and any
other associated equipment.
(C) For all of the web-based on demand Access programming facilitated through the
broadband connection and service described in this Section 9.5, Grantee shall be permitted to
provide its logo which shall be displayed on the main web page for the web-based Access
programming, in a manner reasonably similar to the Grantee’s logo display found on its Project
Open Voice web-based supported programming. Notwithstanding the foregoing, the size of the
City’s or Designated Access Provider’s logos may be as large as or larger than Grantee’s logo, in
the City’s or Designated Access Provider’s sole reasonable discretion.
(D) Any costs incurred by Grantee in facilitating the web-based on demand Access
programming described in this Section 9.5 may be recovered from Subscribers by Grantee in
accordance with Applicable Law.
9.6 Support for Access Costs
During the term of this Franchise Agreement, Grantee shall provide up to seventy-five
cents ($0.75) per month per Residential Subscriber (the "PEG Contribution") to be used solely
for capital costs related to Public, Educational and Governmental Access and the web based on
demand Access programming described in Section 9.5, or as may be permitted by Applicable
Law. After the Effective Date, Grantee shall change the amount provided in support of Access
costs from fifty cents ($.50) per month per Subscriber to seventy-five cents ($0.75) per month
per Subscriber. This change shall be implemented concurrent with Grantee’s annual price
increase but in no event later than December 31, 2015. To address inflationary impacts on
capital equipment or to evaluate whether the City’s PEG Access capital costs have reduced with
time, the City and Grantee may meet no more than three times after the Effective Date to discuss
whether to increase or to decrease the PEG Contribution. The primary purpose of such meetings
will be for the parties to review prior expenditures and future capital plans to determine if the
current PEG Contribution is reasonably appropriate to meet future needs. The City and Grantee
may suggest to each other, based upon their own assessments of reasonable past practices and
future anticipated needs, whether the current level of PEG Contribution is appropriate. If either
party believes that the PEG Contribution should be modified in a reasonable amount to address
such future needs the parties shall share all relevant information supporting their positions and
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negotiate in good faith to determine if the PEG Contribution should be increased or decreased,
and if so, in what amount. Such discussions regarding potential adjustment to the PEG
Contribution will be conducted pursuant to the Franchise amendment procedures in Section 4.8
of this Franchise. Grantee shall make PEG Contribution payments quarterly, following the
effective date of this Franchise Agreement for the preceding quarter ending March 31, June 30,
September 30, and December 31. Each payment shall be due and payable no later than thirty (30)
days following the end of the quarter. City shall have sole discretion to allocate the expenditure
of such payments for any capital costs related to PEG Access. The parties agree that this
Franchise shall provide City discretion to utilize Access payments for new internal network
connections and enhancements to the City’s existing network.
9.7 Access Support Not Franchise Fees
Grantee agrees that capital support for Access Costs arising from or relating to the
obligations set forth in this Section shall in no way modify or otherwise affect Grantee's
obligations to pay Franchise Fees to City. Grantee agrees that although the sum of Franchise
Fees plus the payments set forth in this Section may total more than five percent (5%) of
Grantee's Gross Revenues in any 12-month period, the additional commitments shall not be
offset or otherwise credited in any way against any Franchise Fee payments under this Franchise
Agreement so long as such support is used for capital Access purposes consistent with this
Franchise and federal law.
9.8 Access Channels On Basic Service or Lowest Priced HD Service Tier
All SD Access Channels under this Franchise Agreement shall be included by Grantee,
without limitation, as part of Basic Service. All HD Access Channels under this Franchise
Agreement shall be included by Grantee, without limitation, as part of the lowest priced tier of
HD Cable Service upon which Grantee provides HD programming content.
9.9 Change In Technology
In the event Grantee makes any change in the Cable System and related equipment and
Facilities or in Grantee's signal delivery technology, which directly or indirectly affects the
signal quality or transmission of Access services or programming, Grantee shall at its own
expense take necessary technical steps or provide necessary technical assistance, including the
acquisition of all necessary equipment, and full training of City’s Access personnel to ensure that
the capabilities of Access services are not diminished or adversely affected by such change. If
the City implements a new video delivery technology that is currently offered and can be
accommodated on the Grantee’s local Cable System then the same provisions above shall apply.
If the City implements a new video delivery technology that is not currently offered on and/or
that cannot be accommodated by the Grantee’s local Cable System, then the City shall be
responsible for acquiring all necessary equipment, facilities, technical assistance, and training to
deliver the signal to the Grantee’s headend for distribution to subscribers.
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9.10 Technical Quality
Grantee shall maintain all upstream and downstream Access services and Channels on its
side of the demarcation point at the same level of technical quality and reliability required by this
Franchise Agreement and all other applicable laws, rules and regulations for Residential
Subscriber Channels. Grantee shall provide routine maintenance for all transmission equipment
on its side of the demarcation point, including modulators, decoders, multiplex equipment, and
associated cable and equipment necessary to carry a quality signal to and from City’s facilities
for the Access Channels provided under this Franchise Agreement, including the business class
broadband equipment and services necessary for the video on demand and streaming service
described in Section 9.5. Grantee shall also provide, if requested in advance by the City, advice
and technical expertise regarding the proper operation and maintenance of transmission
equipment on the City’s side of the demarcation point. The City shall be responsible for all initial
and replacement costs of all HD modulator and demodulator equipment, web-based video on
demand servers and web-based video streaming servers. The City shall also be responsible, at its
own expense, to replace any of the Grantee’s equipment that is damaged by the gross negligence
or intentional acts of City staff. The Grantee shall be responsible, at its own expense, to replace
any of the Grantee’s equipment that is damaged by the gross negligence or intentional acts of
Grantee’s staff. The City will be responsible for the cost of repairing and/or replacing any HD
PEG Access and web-based video on demand transmission equipment that Grantee maintains
that is used exclusively for transmission of the City’s and/or its Designated Access Providers’
HD Access programming.
9.11 Access Cooperation
City may designate any other jurisdiction which has entered into an agreement with
Grantee or an Affiliate of Grantee based upon this Franchise Agreement, any CCUA member,
the CCUA, or any combination thereof to receive any Access benefit due City hereunder, or to
share in the use of Access Facilities hereunder. The purpose of this subsection shall be to allow
cooperation in the use of Access and the application of any provision under this Section as City
in its sole discretion deems appropriate, and Grantee shall cooperate fully with, and in, any such
arrangements by City.
9.12 Return Lines/Access Origination
(A) Grantee shall continuously maintain the return lines throughout the Term of the
Franchise from all existing Access broadcast facilities, as set forth in Exhibit C, to the Headend,
in order to enable the distribution of Access programming to Subscribers on the Access
Channels; provided however that Grantee’s maintenance obligations with respect to either of
these locations shall cease if a location is no longer used in the future by the City to originate
Access programming.
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(B) The City shall also send to Grantee in writing its request to provide a return line
with capacity to carry video programming to the Headend, and equipment necessary to activate
such programming, from the new studio/facility of the City’s Designated Access Provider for
Public Access, located at 200 Mathews Street, Fort Collins, Colorado. Grantee shall submit an
estimate of costs to construct the new return line to the City within thirty (30) days of receiving
the written request. The City and the Grantee shall share equally in the total cost for the
construction of this Public Access return line. Grantee reserves its right to recover this
contribution for the Public Access return line from Subscribers in a manner consistent with
Applicable Law. With respect to any production facilities of other new or relocated Designated
Access Providers delivering Access programming to Subscribers as requested in writing by the
City, Grantee shall construct and maintain such new return lines, provided however, that
Grantee’s actual costs shall be paid by the City or its Designated Access Provider(s).
(C) Grantee shall construct and maintain new Fiber Optic return lines to the Headend
from production facilities of new or relocated Designated Access Providers delivering Access
programming to Residential Subscribers as requested in writing by the City. All actual
construction costs incurred by Grantee from the nearest interconnection point to the Designated
Access Provider shall be paid by the City or the Designated Access Provider. New return lines
shall be completed within one (1) year from the request of the City or its Designated Access
Provider, or as otherwise agreed to by the parties. If an emergency situation necessitates
movement of production facilities to a new location, the parties shall work together to complete
the new return line as soon as reasonably possible.
(D) After installation pursuant to Section 9.12(B), Grantee shall, at its expense,
provide and maintain, during the Term of this Franchise, the fiber optic return line from the
Carnegie building located at 200 Mathews Street, Fort Collins, to the Headend in order to enable
the distribution of Public Access programming to Residential Subscribers on the Public Access
Channels; provided however, that Grantee’s maintenance obligations with respect to this location
shall cease if this location is no longer used in the future by the City’s Designated Access
Provider to originate Public Access programming.
SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION
10.1 Right to Construct
Subject to Applicable Law, regulations, rules, resolutions and ordinances of the City and
the provisions of this Franchise, Grantee may perform all construction in the Rights-of-Way for
any facility needed for the maintenance or extension of Grantee's Cable System.
10.2 Right-of-Way Meetings
Grantee will regularly attend and participate in meetings of the City, of which the
Grantee is made aware, regarding Right-of-Way issues that may impact the Cable System.
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10.3 Joint Trenching/Boring Meetings
Grantee will regularly attend and participate in planning meetings of the City, of which
the Grantee is made aware, to anticipate joint trenching and boring. Whenever it is possible and
reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other
providers, licensees, permittees, and franchisees so as to reduce so far as possible the number of
Right-of-Way cuts within the City.
10.4 General Standard
All work authorized and required hereunder shall be done in a safe, thorough and
workmanlike manner. All installations of equipment shall be permanent in nature, durable and
installed in accordance with good engineering practices.
10.5 Permits Required for Construction
Prior to doing any work in the Right-of Way or other public property, Grantee shall apply
for, and obtain, appropriate permits from the City. As part of the permitting process, the City
may impose such conditions and regulations as are necessary for the purpose of protecting any
structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, the
protection of the public, and the continuity of pedestrian or vehicular traffic. Such conditions
may also include the provision of a construction schedule and maps showing the location of the
facilities to be installed in the Right-of-Way. Grantee shall pay all applicable fees for the
requisite City permits received by Grantee.
10.6 Emergency Permits
In the event that emergency repairs are necessary, Grantee shall immediately notify the
City of the need for such repairs. Grantee may initiate such emergency repairs, and shall apply
for appropriate permits within forty-eight (48) hours after discovery of the emergency.
10.7 Compliance with Applicable Codes
(A) City Construction Codes. Grantee shall comply with the most currently-adopted
versions of all applicable City construction, zoning and land use codes and regulations.
(B) Tower Specifications. Antenna supporting structures (towers) shall be designed
for the proper loading as specified by the Electronics Industries Association (EIA), as those
specifications may be amended from time to time. Antenna supporting structures (towers) shall
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be painted, lighted, erected and maintained in accordance with all applicable rules and
regulations of the Federal Aviation Administration and all other applicable federal, State, and
local codes or regulations.
(C) Safety Codes. Grantee shall comply with all federal, State and City safety
requirements, rules, regulations, laws and practices, and employ all necessary devices as required
by Applicable Law during construction, operation and repair of its Cable System. By way of
illustration and not limitation, Grantee shall comply with the National Electric Code, National
Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards.
10.8 GIS Mapping
Grantee shall comply with any generally applicable ordinances, rules and regulations of
the City regarding geographic information mapping systems for users of the Rights-of-Way.
10.9 Minimal Interference
Work in the Right-of-Way, on other public property, near public property, or on or near
private property shall be done in a manner that causes the least interference with the rights and
reasonable convenience of property owners and residents. Grantee's Cable System shall be
constructed and maintained in such manner as not to interfere with sewers, water pipes, or any
other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other
facilities that may have been laid in the Rights-of-Way by, or under, the City’s authority. The
Grantee's Cable System shall be located, erected and maintained so as not to endanger or
interfere with the lives of Persons, or to interfere with new improvements the City may deem
proper to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other
public property, and shall not interfere with the travel and use of public places by the public
during the construction, repair, operation or removal thereof, and shall not obstruct or impede
traffic. In the event of such interference, the City may require the removal or relocation of
Grantee’s lines, cables, equipment and other appurtenances from the property in question at
Grantee’s expense.
10.10 Prevent Injury/Safety
Grantee shall provide and use any equipment and facilities necessary to control and carry
Grantee's signals so as to prevent injury to the City's property or property belonging to any
Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities to
keep them in good repair, and safe and presentable condition. All excavations made by Grantee
in the Rights-of-Way shall be properly safeguarded for the prevention of accidents by the
placement of adequate barriers, fences or boarding, the bounds of which, during periods of dusk
and darkness, shall be clearly designated by warning lights.
10.11 Hazardous Substances
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(A) Grantee shall comply with any and all Applicable Laws, statutes, regulations and
orders concerning hazardous substances relating to Grantee's Cable System in the Rights-of-
Way.
(B) Upon reasonable notice to Grantee, the City may inspect Grantee's facilities in the
Rights-of-Way to determine if any release of hazardous substances has occurred, or may occur,
from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as
provided in this Franchise, Grantee shall also remove all residue of hazardous substances related
thereto.
(C) Grantee agrees to indemnify the City against any claims, costs, and expenses, of
any kind, whether direct or indirect, incurred by the City arising out of a release of hazardous
substances caused by Grantee's Cable System.
10.12 Locates
Prior to doing any work in the Right-of-Way, Grantee shall give appropriate notices to
the City and to the notification association established in C.R.S. Section 9-1.5-105, as such may
be amended from time to time.
Within forty-eight (48) hours after any City bureau or franchisee, licensee or permittee
notifies Grantee of a proposed Right-of-Way excavation, Grantee shall, at Grantee's expense:
(A) Mark on the surface all of its located underground facilities within the area of the
proposed excavation;
(B) Notify the excavator of any unlocated underground facilities in the area of the
proposed excavation; or
(C) Notify the excavator that Grantee does not have any underground facilities in the
vicinity of the proposed excavation.
10.13 Notice to Private Property Owners
Grantee shall give notice to private property owners of work on or adjacent to private
property in accordance with the City’s Customer Service Standards, as the same may be
amended from time to time by the City Council acting by Ordinance or resolution.
10.14 Underground Construction and Use of Poles
(A) When required by general ordinances, resolutions, regulations or rules of the City
or applicable State or federal law, Grantee's Cable System shall be placed underground at
Grantee's expense unless funding is generally available for such relocation to all users of the
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Rights-of-Way. Placing facilities underground does not preclude the use of ground-mounted
appurtenances.
(B) Where electric, telephone, and other above-ground utilities are installed
underground at the time of Cable System construction, or when all such wiring is subsequently
placed underground, all Cable System lines shall also be placed underground with other wireline
service at no expense to the City or Subscribers unless funding is generally available for such
relocation to all users of the Rights-of-Way. Related Cable System equipment, such as
pedestals, must be placed in accordance with the City’s applicable code requirements and rules.
In areas where either electric or telephone utility wiring is aerial, the Grantee may install aerial
cable, except when a property owner or resident requests underground installation and agrees to
bear the additional cost in excess of aerial installation.
(C) The Grantee shall utilize existing poles and conduit wherever possible.
(D) In the event Grantee cannot obtain the necessary poles and related facilities
pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for
Grantee to make all needed excavations in the Rights-of-Way for the purpose of placing,
erecting, laying, maintaining, repairing, and removing poles, supports for wires and conductors,
and any other facility needed for the maintenance or extension of Grantee's Cable System. All
poles of Grantee shall be located as designated by the proper City authorities.
(E) This Franchise does not grant, give or convey to the Grantee the right or privilege
to install its facilities in any manner on specific utility poles or equipment of the City or any
other Person. Copies of agreements for the use of poles, conduits or other utility facilities must
be provided upon request by the City.
(F) The Grantee and the City recognize that situations may occur in the future where
the City may desire to place its own cable or conduit for Fiber Optic cable in trenches or bores
opened by the Grantee. The Grantee agrees to cooperate with the City in any construction by the
Grantee that involves trenching or boring, provided that the City has first notified the Grantee in
some manner that it is interested in sharing the trenches or bores in the area where the Grantee's
construction is occurring. The Grantee shall allow the City to lay its cable, conduit and Fiber
Optic cable in the Grantee's trenches and bores, provided the City shares in the cost of the
trenching and boring on the same terms and conditions as the Grantee at that time shares the total
cost of trenches and bores. The City shall be responsible for maintaining its respective cable,
conduit and Fiber Optic cable buried in the Grantee's trenches and bores under this paragraph.
10.15 Undergrounding of Multiple Dwelling Unit Drops
In cases of single site Multiple Dwelling Units, Grantee shall minimize the number of
individual aerial drop cables by installing multiple drop cables underground between the pole
and Multiple Dwelling Unit where determined to be technologically feasible in agreement with
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the owners and/or owner's association of the Multiple Dwelling Units.
10.16 Burial Standards
(A) Depths. Unless otherwise required by law, Grantee shall comply with the
following burial depth standards. In no event shall Grantee be required to bury its cable deeper
than electric or gas facilities in the same portion of the Right-of-Way. Grantee may appeal to the
City Engineer for exceptions to the following burial depths due to circumstances that may
include, but need not be limited to, difficult access or conflicts with other uses of the right-of-
way or utility easement. The burial depth standards in this section apply to new or replaced
cable drops buried after the effective date of this Franchise.
(1) New Construction.
(a) Underground cable drops shall be buried at a minimum depth of
twenty four (24) inches when in rights of way and utility easements.
(b) Underground cable drops shall be buried at a minimum depth of
twelve (12) inches when outside rights-of-way and utility easements. It is
anticipated this will only occur in a Subscriber’s property.
(2) Existing Construction.
(a) Back yards and Side yards. Underground cable drops shall be buried
at a minimum depth of twelve (12) inches when in rights-of-way and utility
easements except as otherwise required herein. Underground cable drops shall be
buried at a minimum depth of twenty-four (24) inches when in rights-of-way and
utility easements for a distance of more than twenty (20) feet.
(b) Front yards. Underground cable drops shall be buried at a minimum
depth of twenty-four (24) inches when in rights-of-way and utility easements.
(c) Streets and Alleys. Underground cable drops shall be buried at a
minimum depth of twenty-four (24) inches when in rights-of-way and utility
easements.
(3) Other burial standards.
(a) Feeder lines shall be buried at a minimum depth of twenty four (24)
inches.
(b) Trunk lines shall be buried at a minimum depth of twenty-four (24)
inches.
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(c) Fiber Optic cable shall be buried at a minimum depth of thirty-six (36)
inches.
In the event of a conflict between this subsection and the provisions of any customer service
standard, this subsection shall control.
(B) Timeliness. Cable drops installed by Grantee to residences shall be buried
according to these standards within one calendar week of initial installation, or at a time
mutually-agreed upon between the Grantee and the Subscriber. When freezing surface
conditions prevent Grantee from achieving such timetable, Grantee shall apprise the Subscriber
of the circumstances and the revised schedule for burial, and shall provide the Subscriber with
Grantee's telephone number and instructions as to how and when to call Grantee to request burial
of the line if the revised schedule is not met.
10.17 Cable Drop Bonding
Grantee shall ensure that all cable drops are properly bonded at the home, consistent with
applicable code requirements.
10.18 Prewiring
Any ordinance or resolution of the City which requires prewiring of subdivisions or other
developments for electrical and telephone service shall be construed to include wiring for Cable
Systems.
10.19 Repair and Restoration of Property
(A) The Grantee shall protect public and private property from damage. If damage
occurs, the Grantee shall promptly notify the property owner within twenty-four (24) hours in
writing.
(B) Whenever Grantee disturbs or damages any Right-of-Way, other public property
or any private property, Grantee shall promptly restore the Right-of-Way or property to at least
its prior condition, normal wear and tear excepted, at its own expense.
(C) Rights-of-Way and Other Public Property. Grantee shall warrant any restoration
work performed by or for Grantee in the Right-of-Way or on other public property in accordance
with Applicable Law. If restoration is not satisfactorily performed by the Grantee within a
reasonable time, the City may, after prior notice to the Grantee, or without notice where the
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disturbance or damage may create a risk to public health or safety, cause the repairs to be made
and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an
itemized list of those costs, including the costs of labor, materials and equipment, the Grantee
shall pay the City.
(D) Private Property. Upon completion of the work which caused any disturbance or
damage, Grantee shall promptly commence restoration of private property, and will use best
efforts to complete the restoration within seventy-two (72) hours, considering the nature of the
work that must be performed. Grantee shall also perform such restoration in accordance with the
City’s Customer Service Standards, as the same may be amended from time to time by the City
Council acting by ordinance or resolution.
10.20 Use of Conduits by the City
The City may install or affix and maintain wires and equipment owned by the City for
City purposes in or upon any and all of Grantee’s ducts, conduits or equipment in the Rights-of-
Way and other public places if such placement does not interfere with Grantee’s use of its
facilities, without charge to the City, to the extent space therein or thereon is reasonably
available, and pursuant to all applicable ordinances and codes. This right shall not extend to
affiliates of Grantee who have facilities in the right-of-way for the provision of non-cable
services. For the purposes of this subsection, "City purposes" includes, but is not limited to, the
use of the structures and installations for City fire, police, traffic, water, telephone, and/or signal
systems, but not for Cable Service or transmission to third parties of telecommunications or
information services in competition with Grantee. Grantee shall not deduct the value of such use
of its facilities from its Franchise Fee payments or from other fees payable to the City.
10.21 Common Users
(A) For the purposes of this subsection:
(1) "Attachment" means any wire, optical fiber or other cable, and any related
device, apparatus or auxiliary equipment, for the purpose of voice, video or data
transmission.
(2) "Conduit" or "Conduit Facility" means any structure, or section thereof,
containing one or more Ducts, conduits, manholes, handhole or other such facilities in
Grantee's Cable System.
(3) "Duct" means a single enclosed raceway for cables, Fiber Optics or other
wires.
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(4) "Licensee" means any Person licensed or otherwise permitted by the City
to use the Rights-of-Way.
(5) "Surplus Ducts or Conduits" are Conduit Facilities other than those
occupied by Grantee or any prior Licensee, or unoccupied Ducts held by Grantee as
emergency use spares, or other unoccupied Ducts that Grantee reasonably expects to use
within two (2) years from the date of a request for use.
(B) Grantee acknowledges that the Rights-of-Way have a finite capacity for
containing Conduits. Therefore, Grantee agrees that whenever the City determines it is
impracticable to permit construction of an underground Conduit system by any other Person
which may at the time have authority to construct or maintain Conduits or Ducts in the Rights-
of-Way, but excluding Persons providing Cable Services in competition with Grantee, the City
may require Grantee to afford to such Person the right to use Grantee's Surplus Ducts or
Conduits in common with Grantee, pursuant to the terms and conditions of an agreement for use
of Surplus Ducts or Conduits entered into by Grantee and the Licensee. Nothing herein shall
require Grantee to enter into an agreement with such Person if, in Grantee’s reasonable
determination, such an agreement could compromise the integrity of the Cable System.
(C) A Licensee occupying part of a Duct shall be deemed to occupy the entire Duct.
(D) Grantee shall give a Licensee a minimum of one hundred twenty (120) days
notice of its need to occupy a licensed Conduit and shall propose that the Licensee take the first
feasible action as follows:
(1) Pay revised Conduit rent designed to recover the cost of retrofitting the
Conduit with multiplexing, Fiber Optics or other space-saving technology sufficient to
meet Grantee's space needs;
(2) Pay revised Conduit rent based on the cost of new Conduit constructed to
meet Grantee's space needs;
(3) Vacate the needed Ducts or Conduit; or
(4) Construct and maintain sufficient new Conduit to meet Grantee's space
needs.
(E) When two or more Licensees occupy a section of Conduit Facility, the last
Licensee to occupy the Conduit Facility shall be the first to vacate or construct new Conduit.
When Conduit rent is revised because of retrofitting, space-saving technology or construction of
new Conduit, all Licensees shall bear the increased cost.
(F) All Attachments shall meet local, State, and federal clearance and other safety
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requirements, be adequately grounded and anchored, and meet the provisions of contracts
executed between Grantee and the Licensee. Grantee may, at its option, correct any attachment
deficiencies and charge the Licensee for its costs. Each Licensee shall pay Grantee for any fines,
fees, damages or other costs the Licensee's attachments cause Grantee to incur.
(G) In order to enforce the provisions of this subsection with respect to Grantee, the
City must demonstrate that it has required that all similarly situated users of the Rights-of-Way
to comply with the provisions of this subsection.
10.22 Acquisition of Facilities
Upon Grantee's acquisition of Cable System-related facilities in any City Right-of-Way,
or upon the addition to the City of any area in which Grantee owns or operates any such facility,
Grantee shall, at the City's request, submit to the City a statement describing all such facilities
involved, whether authorized by franchise, permit, license or other prior right, and specifying the
location of all such facilities to the extent Grantee has possession of such information. Such
Cable System-related facilities shall immediately be subject to the terms of this Franchise.
10.23 Discontinuing Use/Abandonment of Cable System Facilities
Whenever Grantee intends to discontinue using any facility within the Rights-of-Way,
Grantee shall submit for the City's approval a complete description of the facility and the date on
which Grantee intends to discontinue using the facility. Grantee may remove the facility or
request that the City permit it to remain in place. Notwithstanding Grantee's request that any
such facility remain in place, the City may require Grantee to remove the facility from the Right-
of-Way or modify the facility to protect the public health, welfare, safety, and convenience, or
otherwise serve the public interest. The City may require Grantee to perform a combination of
modification and removal of the facility. Grantee shall complete such removal or modification
in accordance with a schedule set by the City. Until such time as Grantee removes or modifies
the facility as directed by the City, or until the rights to and responsibility for the facility are
accepted by another Person having authority to construct and maintain such facility, Grantee
shall be responsible for all necessary repairs and relocations of the facility, as well as
maintenance of the Right-of-Way, in the same manner and degree as if the facility were in active
use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, the
City may choose to use such facilities for any purpose whatsoever including, but not limited to,
Access purposes.
10.24 Movement of Cable System Facilities For City Purposes
The City shall have the right to require Grantee to relocate, remove, replace, modify or
disconnect Grantee's facilities and equipment located in the Rights-of-Way or on any other
property of the City for public purposes, in the event of an emergency, or when the public health,
safety or welfare requires such change (for example, without limitation, by reason of traffic
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conditions, public safety, Right-of-Way vacation, Right-of-Way construction, change or
establishment of Right-of-Way grade, installation of sewers, drains, gas or water pipes, or any
other types of structures or improvements by the City for public purposes). Such work shall be
performed at the Grantee’s expense. Except during an emergency, the City shall provide
reasonable notice to Grantee, not to be less than five (5) business days, and allow Grantee with
the opportunity to perform such action. In the event of any capital improvement project
exceeding $500,000 in expenditures by the City which requires the removal, replacement,
modification or disconnection of Grantee's facilities or equipment, the City shall provide at least
sixty (60) days' written notice to Grantee. Following notice by the City, Grantee shall relocate,
remove, replace, modify or disconnect any of its facilities or equipment within any Right-of-
Way, or on any other property of the City. If the City requires Grantee to relocate its facilities
located within the Rights-of-Way, the City shall make a reasonable effort to provide Grantee
with an alternate location within the Rights-of-Way. If funds are generally made available to
users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata share of
such funds.
If the Grantee fails to complete this work within the time prescribed and to the City's
satisfaction, the City may cause such work to be done and bill the cost of the work to the
Grantee, including all costs and expenses incurred by the City due to Grantee’s delay. In such
event, the City shall not be liable for any damage to any portion of Grantee’s Cable System.
Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the
City.
10.25 Movement of Cable System Facilities for Other Franchise Holders
If any removal, replacement, modification or disconnection of the Cable System is
required to accommodate the construction, operation or repair of the facilities or equipment of
another City franchise holder, Grantee shall, after at least thirty (30) days' advance written
notice, take action to effect the necessary changes requested by the responsible entity. Grantee
may require that the costs associated with the removal or relocation be paid by the benefited
party.
10.26 Temporary Changes for Other Permittees
At the request of any Person holding a valid permit and upon reasonable advance notice,
Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a
building, vehicle, equipment or other item. The expense of such temporary changes must be paid
by the permit holder, and Grantee may require a reasonable deposit of the estimated payment in
advance.
10.27 Reservation of City Use of Right-of-Way
Nothing in this Franchise shall prevent the City or public utilities owned, maintained or
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operated by public entities other than the City from constructing sewers; grading, paving,
repairing or altering any Right-of-Way; laying down, repairing or removing water mains; or
constructing or establishing any other public work or improvement. All such work shall be done,
insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's
Cable System.
10.28 Tree Trimming
Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the
City's Rights-of-Way which interferes with Grantee's Cable System. Grantee shall comply with
any general ordinance or regulations of the City regarding tree trimming. Except in emergencies,
Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1)
week written notice has been given to the owner or occupant of the premises abutting the Right-
of-Way in or over which the tree is growing. The owner or occupant of the abutting premises
may prune such tree at his or her own expense during this one (1) week period. If the owner or
occupant fails to do so, Grantee may prune such tree at its own expense. For purposes of this
subsection, emergencies exist when it is necessary to prune to protect the public or Grantee’s
facilities from imminent danger only.
10.29 Inspection of Construction and Facilities
The City may inspect any of Grantee's facilities, equipment or construction at any time
upon at least twenty-four (24) hours notice, or, in case of emergency, upon demand without prior
notice. The City shall have the right to charge generally applicable inspection fees therefore. If
an unsafe condition is found to exist, the City, in addition to taking any other action permitted
under Applicable Law, may order Grantee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition by a time the City
establishes. The City has the right to correct, inspect, administer and repair the unsafe condition
if Grantee fails to do so, and to charge Grantee therefore.
10.30 Stop Work
(A) On notice from the City that any work is being performed contrary to the
provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or
in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the
work may immediately be stopped by the City.
(B) The stop work order shall:
(1) Be in writing;
(2) Be given to the Person doing the work, or posted on the work site;
(3) Be sent to Grantee by overnight delivery at the address given herein;
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(4) Indicate the nature of the alleged violation or unsafe condition; and
(5) Establish conditions under which work may be resumed.
10.31 Work of Contractors and Subcontractors
Grantee's contractors and subcontractors shall be licensed and bonded in accordance with
the City's ordinances, regulations and requirements. Work by contractors and subcontractors is
subject to the same restrictions, limitations and conditions as if the work were performed by
Grantee. Grantee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by it, and
shall ensure that all such work is performed in compliance with this Franchise and other
Applicable Law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors
or other Persons performing work on Grantee's behalf are familiar with the requirements of this
Franchise and other Applicable Law governing the work performed by them.
SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING
11.1 Subscriber Network
(A) Grantee’s Cable System shall be equivalent to or exceed technical characteristics
of a traditional HFC 750 MHz Cable System and provide Activated Two-Way capability. The
Cable System shall be capable of supporting video and audio, including SD and HD video on the
Effective Date of the Franchise. The Cable System shall deliver no less than 110 Channels of
SD and/or HD video on the Effective Date and be capable of delivering channels in successor
formats (such as HD4k) to Subscribers throughout the term of the Franchise, provided that the
Grantee reserves the right to use the bandwidth in the future for other uses based on local market
factors. For any use that reduces the amount of bandwidth available for Cable Services after the
Effective Date, Grantee shall provide a detailed explanation of the relevant local market factors
to the City, upon written request.
(B) Equipment must be installed so that all closed captioning and second audio
programming (SAP) received by the Cable System shall include the closed caption and SAP
signal so long as such signals are provided consistent with FCC standards. Equipment must be
installed so that all local signals received in stereo or with secondary audio tracks (broadcast and
Access) are retransmitted in those same formats.
(C) All construction shall be subject to the City's permitting process and Applicable
Law.
(D) Grantee and City shall meet, at the City's request, to discuss the progress of the
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design plan and construction.
(E) Grantee will take prompt corrective action if it finds that any facilities or
equipment on the Cable System are not operating as designed, or if it finds that facilities and
equipment do not comply with the requirements of this Franchise or Applicable Law.
(F) Grantee's construction decisions shall be based solely upon legitimate engineering
decisions and shall not take into consideration the income level of any particular community
within the Franchise Area.
(G) The foregoing requirements shall be completed in a manner that is in accordance
with Applicable Law and FCC technical standards. Grantee may substitute another transmission
material and/or modify its design provided that the same technical benefits, reliability,
functionality and picture quality are maintained.
11.2 Technical Performance
The technical performance of the Cable System shall meet or exceed all applicable
federal (including, but not limited to, the FCC), State and local technical standards, as they may
be amended from time to time, regardless of the transmission technology utilized. The City shall
have the full authority permitted by Applicable Law to enforce compliance with these technical
standards.
11.3 Cable System Performance Testing
(A) Grantee shall, at Grantee's expense, perform the following tests on its Cable
System:
(1) All tests required by the FCC;
(2) All other tests reasonably necessary to determine compliance with
technical standards adopted by the FCC at any time; and
(3) All other tests as otherwise specified in this Franchise.
(B) At a minimum, Grantee's tests shall include:
(1) Cumulative leakage index testing of any new construction;
(2) Semi-annual compliance tests in conformance with generally accepted
industry guidelines;
(3) Tests in response to Subscriber complaints;
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(4) Periodic monitoring tests, at intervals not to exceed six (6) months, of
Subscriber (field) test points, the Headend, and the condition of standby power supplies;
and
(5) Cumulative leakage index tests, at least annually, designed to ensure that
one hundred percent (100%) of Grantee's Cable System has been ground or air tested for
signal leakage in accordance with FCC standards.
(C) Grantee shall maintain written records of all results of its Cable System tests,
performed by or for Grantee. Copies of such test results will be provided to the City upon
reasonable request. All technical performance tests may be witnessed by representatives of the
City.
(D) Grantee shall be required to promptly take such corrective measures as are
necessary to correct any performance deficiencies fully and to prevent their recurrence as far as
possible. Grantee's failure to correct deficiencies identified through this testing process shall be
a material violation of this Franchise. Sites shall be re-tested following correction.
11.4 Additional Tests
Where there exists other evidence which in the judgment of the City casts doubt upon the
reliability or technical quality of Cable Service, the City shall have the right and authority to
require Grantee to test, analyze and report on the performance of the Cable System. Grantee
shall fully cooperate with the City in performing such testing and shall prepare the results and a
report, if requested, within thirty (30) days after testing. Such report shall include the following
information:
(A) the nature of the complaint or problem which precipitated the special tests;
(B) the Cable System component(s) tested;
(C) the equipment used and procedures employed in testing;
(D) the method, if any, in which such complaint or problem was resolved; and
(E) any other information pertinent to said tests and analysis which may be required.
11.5 Technology Assessment
(A) The City may notify Grantee on or after five (5) years after the Effective Date,
that the City will conduct a technology assessment of Grantee’s Cable System. The technology
assessment may include, but is not limited to, determining whether Grantee's Cable System
technology and performance are consistent with current technical practices and range and level
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of services existing in the fifteen (15) largest U.S. cable systems owned and operated by
Grantee’s Parent Corporation and/or Affiliates pursuant to franchises that have been renewed or
extended since the Effective Date.
(B) Pursuant to Section 7, Grantee shall cooperate with the City to provide necessary
information upon the City’s reasonable request as part of the technology assessment.
(C) At the discretion of the City, findings from the technology assessment may be
included in any proceeding commenced for the purpose of identifying future cable-related
community needs and interests undertaken by the City pursuant to 47 U.S.C. §546. When
confidential or proprietary information impact the City's findings, during a technology
assessment, the City must report such findings in an aggregate or other manner maintaining
confidentiality of such information.
11.6 Standby Power
In the event of loss of commercial power, Grantee’s Cable System Headend shall be
capable of providing at least twenty-four (24) hours of continuous emergency operation.
Grantee shall maintain standby power system supplies that will supply back-up power
throughout the distribution networks including all nodes and amplifiers.
In addition, throughout the term of this Franchise, Grantee shall have a plan in place, along with
all resources necessary for implementing such plan, for dealing with commercial outages of more
than two (2) hours duration so that Grantee can react to power outages prior to the standby
capabilities being exhausted. This outage plan and evidence of requisite implementation
resources shall be presented to the City no later than thirty (30) days following receipt of a
request.
11.7 Emergency Alert Capability
Grantee shall provide an operating Emergency Alert System (“EAS”) throughout the
term of this Franchise in compliance with FCC standards. Grantee shall test the EAS as required
by the FCC. Upon request, the City shall be permitted to participate in and/or witness the EAS
testing up to twice a year on a schedule formed in consultation with Grantee. Upon written
request, Grantee will advise the City of the testing schedule so that the City may be present or
witness remotely such tests of the EAS. If the test indicates that the EAS is not performing
properly, Grantee shall make any necessary adjustment to the EAS, and the EAS shall be
retested.
SECTION 12. SERVICE AVAILABILITY, INTERCONNECTION AND SERVICE TO
SCHOOLS AND PUBLIC BUILDINGS
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12.1 Service Availability
(A) In General. Except as otherwise provided in herein, Grantee shall provide Cable
Service within seven (7) days of a request by any Person within the City. For purposes of this
Section, a request shall be deemed made on the date of signing a service agreement, receipt of
funds by Grantee, receipt of a written request by Grantee or receipt by Grantee of a verified
verbal request. Except as otherwise provided herein, Grantee shall provide such service:
(1) With no line extension charge except as specifically authorized elsewhere
in this Franchise Agreement.
(2) At a non-discriminatory installation charge for a standard installation,
consisting of a 125 foot drop connecting to an inside wall for Residential Subscribers, with
additional charges for non standard installations computed according to a non discriminatory
methodology for such installations, adopted by Grantee and provided in writing to the City;
(3) At non discriminatory monthly rates for Residential Subscribers.
(4) Undergrounding of Drops. In any area where the Grantee would be
entitled to install a drop above-ground, if requested by the subscriber the Grantee will provide
the subscriber the option to have the drop installed underground, but may charge the subscriber
the difference between the actual cost of the above-ground installation and the actual cost of the
underground installation.
(B) Service to Multiple Dwelling Units. Consistent with this Section 12.1, the
Grantee shall offer the individual units of a Multiple Dwelling Unit all Cable Services offered to
other Dwelling Units in the City and shall individually wire units upon request of the property
owner or renter who has been given written authorization by the owner; provided, however, that
any such offering is conditioned upon the Grantee having legal access to said unit. The City
acknowledges that the Grantee cannot control the dissemination of particular Cable Services
beyond the point of demarcation at a Multiple Dwelling Unit.
(C) Customer Charges for Extensions of Service. Grantee agrees to extend its Cable
System to all persons living in areas with a residential density of twenty-five (25) residences per mile
of Cable System plant. If the residential density is less than twenty-five (25) residences per 5,280
cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of
a capital contribution in aid of construction, including cost of material, labor and easements. For the
purpose of determining the amount of capital contribution in aid of construction to be borne by the
Grantee and customers in the area in which service may be expanded, the Grantee will contribute an
amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator
equals the actual number of residences per 5,280 cable-bearing strand feet of its trunk or distribution
cable and whose denominator equals twenty-five (25). Customers who request service hereunder will
bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require
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that the payment of the capital contribution in aid of construction borne by such potential customers
be paid in advance.
(D) Annexations. In the event that the City annexes territory that is not being provided
Cable Service by the Grantee or an Affiliate of Grantee, Grantee agrees that it will extend its Cable
System into the newly annexed territory under the terms of this subsection 12.1. If there is another
cable operator serving the newly annexed area that has entered into a franchise agreement with the
City, Grantee has the right, but not the obligation to serve the newly annexed area. If Grantee finds
it convenient for any of the annexed territory to be served by an Affiliate versus the Grantee, the
rights, benefits and obligations of this Franchise shall apply to such Affiliate for the annexed area,
without the need for transfer approval of the City. By way of example, an Affiliate would be
permitted to serve an annexed area provided that it offered the same Cable Services at the same
prices, as offered by Grantee throughout the City.
12.2 Connection of Public Facilities
Grantee shall, at no cost to the City, provide one outlet of Basic Service and Digital
Starter Service to all City owned or leased and occupied buildings, schools and public libraries
located in areas where Grantee provides Cable Service, so long as these facilities are already
served or the interconnection point on these facilities is located within 150 feet of the distribution
point on the Cable System, from which Cable Service can be provided to these facilities. For
purposes of this subsection, “school” means all State-accredited K-12 public and private schools.
Such obligation to provide free Cable Service shall not extend to areas of City buildings where
the Grantee would normally enter into a commercial contract to provide such Cable Service (e.g.,
golf courses, airport restaurants and concourses, and recreation center work out facilities).
Outlets of Basic and Digital Starter Service provided in accordance with this subsection may be
used to distribute Cable Services throughout such buildings, provided such distribution can be
accomplished without causing Cable System disruption and general technical standards are
maintained. Such outlets may only be used for lawful purposes. The Cable Service provided
shall not be distributed beyond the originally installed outlets without authorization from
Grantee, which shall not be unreasonably withheld.
SECTION 13. FRANCHISE VIOLATIONS
13.1 Procedure for Remedying Franchise Violations
(A) If the City reasonably believes that Grantee has failed to perform any obligation
under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in
writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have
thirty (30) days from the receipt of such notice to:
(1) respond to the City, contesting the City's assertion that a default has
occurred, and requesting a meeting in accordance with subsection (B), below;
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(2) cure the default; or,
(3) notify the City that Grantee cannot cure the default within the thirty (30)
days, because of the nature of the default. In the event the default cannot be cured within
thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and
notify the City in writing and in detail as to the exact steps that will be taken and the
projected completion date. In such case, the City may set a meeting in accordance with
subsection (B) below to determine whether additional time beyond the thirty (30) days
specified above is indeed needed, and whether Grantee's proposed completion schedule
and steps are reasonable.
(B) If Grantee does not cure the alleged default within the cure period stated above, or
by the projected completion date under subsection (A)(3), or denies the default and requests a
meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection
(A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged
default. The City shall notify Grantee of the meeting in writing and such meeting shall take
place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the
meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its
defense.
(C) If, after the meeting, the City determines that a default exists, the City shall order
Grantee to correct or remedy the default or breach within fifteen (15) days or within such other
reasonable time frame as the City shall determine. In the event Grantee does not cure within
such time to the City’s reasonable satisfaction, the City may:
(1) Withdraw an amount from the letter of credit as monetary damages;
(2) Recommend the revocation of this Franchise pursuant to the procedures in
subsection 13.2; or,
(3) Recommend any other legal or equitable remedy available under this
Franchise or any Applicable Law.
(D) The determination as to whether a violation of this Franchise has occurred shall
be within the discretion of the City, provided that any such final determination may be subject to
appeal to a court of competent jurisdiction under Applicable Law.
13.2 Revocation
(A) In addition to revocation in accordance with other provisions of this Franchise,
the City may revoke this Franchise and rescind all rights and privileges associated with this
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Franchise in the following circumstances, each of which represents a material breach of this
Franchise:
(1) If Grantee fails to perform any material obligation under this Franchise or
under any other agreement, ordinance or document regarding the City and Grantee;
(2) If Grantee willfully fails for more than forty-eight (48) hours to provide
continuous and uninterrupted Cable Service;
(3) If Grantee attempts to evade any material provision of this Franchise or to
practice any fraud or deceit upon the City or Subscribers; or
(4) If Grantee becomes insolvent, or if there is an assignment for the benefit
of Grantee's creditors;
(5) If Grantee makes a material misrepresentation of fact in the application for
or negotiation of this Franchise.
(B) Following the procedures set forth in subsection 13.1 and prior to forfeiture or
termination of the Franchise, the City shall give written notice to the Grantee of its intent to
revoke the Franchise and set a date for a revocation proceeding. The notice shall set forth the
exact nature of the noncompliance.
(C) Any proceeding under the paragraph above shall be conducted by the City
Council and open to the public. Grantee shall be afforded at least forty-five (45) days prior
written notice of such proceeding.
(1) At such proceeding, Grantee shall be provided a fair opportunity for full
participation, including the right to be represented by legal counsel, to introduce
evidence, and to question witnesses. A complete verbatim record and transcript shall be
made of such proceeding and the cost shall be shared equally between the parties. The
City Council shall hear any Persons interested in the revocation, and shall allow Grantee,
in particular, an opportunity to state its position on the matter.
(2) Within ninety (90) days after the hearing, the City Council shall determine
whether to revoke the Franchise and declare that the Franchise is revoked and the letter of
credit forfeited; or if the breach at issue is capable of being cured by Grantee, direct
Grantee to take appropriate remedial action within the time and in the manner and on the
terms and conditions that the City Council determines are reasonable under the
circumstances. If the City determines that the Franchise is to be revoked, the City shall
set forth the reasons for such a decision and shall transmit a copy of the decision to the
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Grantee. Grantee shall be bound by the City’s decision to revoke the Franchise unless it
appeals the decision to a court of competent jurisdiction within fifteen (15) days of the
date of the decision.
(3) Grantee shall be entitled to such relief as the Court may deem appropriate.
(4) The City Council may at its sole discretion take any lawful action which it
deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of
the Franchise.
13.3 Procedures in the Event of Termination or Revocation
(A) If this Franchise expires without renewal after completion of all processes
available under this Franchise and federal law or is otherwise lawfully terminated or revoked, the
City may, subject to Applicable Law:
(1) Allow Grantee to maintain and operate its Cable System on a month-to-
month basis or short-term extension of this Franchise for not less than six (6) months,
unless a sale of the Cable System can be closed sooner or Grantee demonstrates to the
City's satisfaction that it needs additional time to complete the sale; or
(2) Purchase Grantee's Cable System in accordance with the procedures set
forth in subsection 13.4, below.
(B) In the event that a sale has not been completed in accordance with subsections
(A)(1) and/or (A)(2) above, the City may order the removal of the above-ground Cable System
facilities and such underground facilities from the City at Grantee's sole expense within a
reasonable period of time as determined by the City. In removing its plant, structures and
equipment, Grantee shall refill, at is own expense, any excavation that is made by it and shall
leave all Rights-of-Way, public places and private property in as good condition as that
prevailing prior to Grantee's removal of its equipment without affecting the electrical or
telephone cable wires or attachments. The indemnification and insurance provisions and the
letter of credit shall remain in full force and effect during the period of removal, and Grantee
shall not be entitled to, and agrees not to request, compensation of any sort therefore.
(C) If Grantee fails to complete any removal required by subsection 13.3 (B) to the
City’s satisfaction, after written notice to Grantee, the City may cause the work to be done and
Grantee shall reimburse the City for the costs incurred within thirty (30) days after receipt of an
itemized list of the costs, or the City may recover the costs through the letter of credit provided
by Grantee.
(D) The City may seek legal and equitable relief to enforce the provisions of this
Franchise.
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13.4 Purchase of Cable System
(A) If at any time this Franchise is revoked, terminated, or not renewed upon
expiration in accordance with the provisions of federal law, the City shall have the option to
purchase the Cable System.
(B) The City may, at any time thereafter, offer in writing to purchase Grantee's Cable
System. Grantee shall have thirty (30) days from receipt of a written offer from the City within
which to accept or reject the offer.
(C) In any case where the City elects to purchase the Cable System, the purchase shall
be closed within one hundred twenty (120) days of the date of the City's audit of a current profit
and loss statement of Grantee. The City shall pay for the Cable System in cash or certified
funds, and Grantee shall deliver appropriate bills of sale and other instruments of conveyance.
(D) For the purposes of this subsection, the price for the Cable System shall be
determined as follows:
(1) In the case of the expiration of the Franchise without renewal, at fair
market value determined on the basis of Grantee's Cable System valued as a going
concern, but with no value allocated to the Franchise itself. In order to obtain the fair
market value, this valuation shall be reduced by the amount of any lien, encumbrance, or
other obligation of Grantee which the City would assume.
(2) In the case of revocation for cause, the equitable price of Grantee's Cable
System.
13.5 Receivership and Foreclosure
(A) At the option of the City, subject to Applicable Law, this Franchise may be
revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over
and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or
other action or proceeding, unless:
(1) The receivership or trusteeship is vacated within one hundred twenty (120)
days of appointment; or
(2) The receivers or trustees have, within one hundred twenty (120) days after
their election or appointment, fully complied with all the terms and provisions of this
Franchise, and have remedied all defaults under the Franchise. Additionally, the
receivers or trustees shall have executed an agreement duly approved by the court having
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jurisdiction, by which the receivers or trustees assume and agree to be bound by each and
every term, provision and limitation of this Franchise.
(B) If there is a foreclosure or other involuntary sale of the whole or any part of the
plant, property and equipment of Grantee, the City may serve notice of revocation on Grantee
and to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise
shall be revoked thirty (30) days after service of such notice, unless:
(1) The City has approved the transfer of the Franchise, in accordance with
the procedures set forth in this Franchise and as provided by law; and
(2) The purchaser has covenanted and agreed with the City to assume and be
bound by all of the terms and conditions of this Franchise.
13.6 No Monetary Recourse Against the City
Grantee shall not have any monetary recourse against the City or its officers, officials,
boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of
any provision or requirement of this Franchise or the enforcement thereof, in accordance with the
provisions of applicable federal, State and local law. The rights of the City under this Franchise
are in addition to, and shall not be read to limit, any immunities the City may enjoy under
federal, State or local law.
13.7 Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of the City to seek or
obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation,
requirement or directive promulgated thereunder. Neither the existence of other remedies
identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the
right of the City to recover monetary damages for such violations by Grantee, or to seek and
obtain judicial enforcement of Grantee's obligations by means of specific performance,
injunctive relief or mandate, or any other remedy at law or in equity.
13.8 Assessment of Monetary Damages
(A) The City may assess against Grantee monetary damages (i) up to five hundred
dollars ($500.00) per day for general construction delays, violations of PEG obligations or
payment obligations, (ii) up to two hundred fifty dollars ($250.00) per day for any other material
breaches, or (iii) up to one hundred dollars ($100.00) per day for defaults, and withdraw the
assessment from the letter of credit or collect the assessment as specified in this Franchise.
Damages pursuant to this Section shall accrue for a period not to exceed one hundred twenty
(120) days per violation proceeding. To assess any amount from the letter of credit, City shall
follow the procedures for withdrawals from the letter of credit set forth in the letter of credit and
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in this Franchise. Such damages shall accrue beginning thirty (30) days following Grantee’s
receipt of the notice required by subsection 13.1(A), or such later date if approved by the City in
its sole discretion, but may not be assessed until after the procedures in subsection 13.1 have
been completed.
(B) The assessment does not constitute a waiver by City of any other right or remedy
it may have under the Franchise or Applicable Law, including its right to recover from Grantee
any additional damages, losses, costs and expenses that are incurred by City by reason of the
breach of this Franchise.
13.9 Effect of Abandonment
If the Grantee abandons its Cable System during the Franchise term, or fails to operate its
Cable System in accordance with its duty to provide continuous service, the City, at its option,
may operate the Cable System; designate another entity to operate the Cable System temporarily
until the Grantee restores service under conditions acceptable to the City, or until the Franchise is
revoked and a new franchisee is selected by the City; or obtain an injunction requiring the
Grantee to continue operations. If the City is required to operate or designate another entity to
operate the Cable System, the Grantee shall reimburse the City or its designee for all reasonable
costs, expenses and damages incurred.
13.10 What Constitutes Abandonment
The City shall be entitled to exercise its options in subsection 13.9 if:
(A) The Grantee fails to provide Cable Service in accordance with this Franchise over
a substantial portion of the Franchise Area for four (4) consecutive days, unless the City
authorizes a longer interruption of service; or
(B) The Grantee, for any period, willfully and without cause refuses to provide Cable
Service in accordance with this Franchise.
SECTION 14. FRANCHISE RENEWAL AND TRANSFER
14.1 Renewal
(A) The City and Grantee agree that any proceedings undertaken by the City that
relate to the renewal of the Franchise shall be governed by and comply with the provisions of
Section 626 of the Cable Act, unless the procedures and substantive protections set forth therein
shall be deemed to be preempted and superseded by the provisions of any subsequent provision
of federal or State law.
(B) In addition to the procedures set forth in said Section 626(a), the City agrees to
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notify Grantee of the completion of its assessments regarding the identification of future cable-
related community needs and interests, as well as the past performance of Grantee under the then
current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee and
City agree that at any time during the term of the then current Franchise, while affording the
public adequate notice and opportunity for comment, the City and Grantee may agree to
undertake and finalize negotiations regarding renewal of the then current Franchise and the City
may grant a renewal thereof. Grantee and City consider the terms set forth in this subsection to
be consistent with the express provisions of Section 626 of the Cable Act.
14.2 Transfer of Ownership or Control
(A) The Cable System and this Franchise shall not be sold, assigned, transferred,
leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale,
merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or
property therein pass to or vest in any Person or entity without the prior written consent of the
City, which consent shall be by the City Council/Commission, acting by ordinance/resolution.
(B) The Grantee shall promptly notify the City of any actual or proposed change in, or
transfer of, or acquisition by any other party of control of the Grantee. The word "control" as
used herein is not limited to majority stockholders but includes actual working control in
whatever manner exercised. Every change, transfer or acquisition of control of the Grantee shall
make this Franchise subject to cancellation unless and until the City shall have consented in
writing thereto.
(C) The parties to the sale or transfer shall make a written request to the City for its
approval of a sale or transfer and furnish all information required by law and the City.
(D) In seeking the City's consent to any change in ownership or control, the proposed
transferee shall indicate whether it:
(1) Has ever been convicted or held liable for acts involving deceit including
any violation of federal, State or local law or regulations, or is currently under an
indictment, investigation or complaint charging such acts;
(2) Has ever had a judgment in an action for fraud, deceit, or
misrepresentation entered against the proposed transferee by any court of competent
jurisdiction;
(3) Has pending any material legal claim, lawsuit, or administrative
proceeding arising out of or involving a cable system or a broadband system;
(4) Is financially solvent, by submitting financial data including financial
statements that are audited by a certified public accountant who may also be an officer of
the transferee, along with any other data that the City may reasonably require; and
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(5) Has the financial, legal and technical capability to enable it to maintain
and operate the Cable System for the remaining term of the Franchise.
(E) The City shall act by ordinance on the request within one hundred twenty (120)
days of the request, provided it has received all information required by this Franchise and/or by
Applicable Law. The City and the Grantee may by mutual agreement, at any time, extend the
120 day period. Subject to the foregoing, if the City fails to render a final decision on the request
within one hundred twenty (120) days, such request shall be deemed granted unless the
requesting party and the City agree to an extension of time.
(F) Within thirty (30) days of any transfer or sale, if approved or deemed granted by
the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written
instrument evidencing such sale or transfer of ownership or control, certified and sworn to as
correct by Grantee and the transferee, and the transferee shall file its written acceptance agreeing
to be bound by all of the provisions of this Franchise, subject to Applicable Law. In the event of
a change in control, in which the Grantee is not replaced by another entity, the Grantee will
continue to be bound by all of the provisions of the Franchise, subject to Applicable Law, and
will not be required to file an additional written acceptance.
(G) In reviewing a request for sale or transfer, the City may inquire into the legal,
technical and financial qualifications of the prospective controlling party or transferee, and
Grantee shall assist the City in so inquiring. The City may condition said sale or transfer upon
such terms and conditions as it deems reasonably appropriate, in accordance with Applicable
Law.
(H) Notwithstanding anything to the contrary in this subsection, the prior approval of
the City shall not be required for any sale, assignment or transfer of the Franchise or Cable
System to an entity controlling, controlled by or under the same common control as Grantee,
provided that the proposed assignee or transferee must show financial responsibility as may be
determined necessary by the City and must agree in writing to comply with all of the provisions
of the Franchise. Further, Grantee may pledge the assets of the Cable System for the purpose of
financing without the consent of the City; provided that such pledge of assets shall not impair or
mitigate Grantee’s responsibilities and capabilities to meet all of its obligations under the
provisions of this Franchise.
SECTION 15. SEVERABILITY
If any Section, subsection, paragraph, term or provision of this Franchise is determined to
be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such
determination shall have no effect on the validity of any other Section, subsection, paragraph,
term or provision of this Franchise, all of which will remain in full force and effect for the term
of the Franchise.
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SECTION 16. MISCELLANEOUS PROVISIONS
16.1 Preferential or Discriminatory Practices Prohibited
NO DISCRIMINATION IN EMPLOYMENT. In connection with the performance of
work under this Franchise, the Grantee agrees not to refuse to hire, discharge, promote or
demote, or discriminate in matters of compensation against any Person otherwise qualified,
solely because of race, color, religion, national origin, gender, age, military status, sexual
orientation, marital status, or physical or mental disability; and the Grantee further agrees to
insert the foregoing provision in all subcontracts hereunder. Throughout the term of this
Franchise, Grantee shall fully comply with all equal employment or non-discrimination
provisions and requirements of federal, State and local laws, and in particular, FCC rules and
regulations relating thereto.
16.2 Notices
Throughout the term of the Franchise, each party shall maintain and file with the other a
local address for the service of notices by mail. All notices shall be sent overnight delivery
postage prepaid to such respective address and such notices shall be effective upon the date of
mailing. These addresses may be changed by the City or the Grantee by written notice at any
time. At the Effective Date of this Franchise:
Grantee's address shall be:
Comcast of California/Colorado LLC
8000 E. Iliff Ave.
Denver, CO 80231
Attn: Government Affairs
The City's address shall be:
City of Fort Collins
300 Laporte Avenue
P.O. Box 580
Fort Collins, CO 80522
Attn: City Manager
With a copy to:
City of Fort Collins
300 Laporte Avenue
P.O. Box 580
Fort Collins, CO 80522
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Attn: City Attorney
16.3 Descriptive Headings
The headings and titles of the Sections and subsections of this Franchise are for reference
purposes only, and shall not affect the meaning or interpretation of the text herein.
16.4 Publication Costs to be Borne by Grantee
Grantee shall reimburse the City for all costs incurred in publishing this Franchise, if
such publication is required, and any notices or ordinances in connection with its adoption if
such publication is required by a generally applicable City ordinance.
16.5 Binding Effect
This Franchise shall be binding upon the parties hereto, their permitted successors and
assigns.
16.6 No Joint Venture
Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties, and neither party is authorized to, nor shall either party act toward third
Persons or the public in any manner which would indicate any such relationship with the other.
16.7 Waiver
The failure of the City at any time to require performance by the Grantee of any provision
hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the
waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any
succeeding breach of such provision, or as a waiver of the provision itself or any other provision.
16.8 Reasonableness of Consent or Approval
Whenever under this Franchise “reasonableness” is the standard for the granting or denial
of the consent or approval of either party hereto, such party shall be entitled to consider public
and governmental policy, moral and ethical standards as well as business and economic
considerations.
16.9 Entire Agreement
This Franchise and all Exhibits represent the entire understanding and agreement between
the parties hereto with respect to the subject matter hereof and supersede all prior oral
negotiations between the parties.
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16.10 Jurisdiction
Venue for any judicial dispute between the City and Grantee arising under or out of this
Franchise shall be in Larimer County District Court, Colorado, or in the United States District
Court in Denver.
IN WITNESS WHEREOF, this Franchise is signed in the name of the City of Fort
Collins, Colorado this day of , 2015.
ATTEST: CITY OF FORT COLLINS, COLORADO:
City Clerk Mayor
APPROVED AS TO FORM: RECOMMENDED AND APPROVED:
City Attorney City Manager
Accepted and approved this _____ day of _________, 2015.
ATTEST: COMCAST OF CALIFORNIA/COLORADO LLC
Public Notary
Name/Title:
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CITY OF FORT COLLINS – COMCAST
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EXHIBIT A:
CUSTOMER SERVICE STANDARDS
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Attachment2.1: Comcast Cable Franchise Agreement (draft) (3094 : Cable Franchise Renewal Update)
EXHIBIT B
Report Form
Comcast
Quarterly Executive Summary - Escalated Complaints
Section 7.6 (B) of our Franchise Agreement
Quarter Ending ___________, Year
City of Fort Collins
Number of Calls
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
Ϭ
0
Type of Complaint
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TOTAL
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Attachment2.1: Comcast Cable Franchise Agreement (draft) (3094 : Cable Franchise Renewal Update)
EXHIBIT C:
RETURN LINES
City Return Line:
300 LaPorte Avenue, Fort Collins
Poudre School District Return Line:
2407 LaPorte Avenue, Fort Collins
Colorado State University Return Line:
Information Technology Center, Clark Building, CSU Building ID: 0091 Campus Location:
Main Campus 1200 Center Avenue Mall, Fort Collins
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Attachment2.1: Comcast Cable Franchise Agreement (draft) (3094 : Cable Franchise Renewal Update)
1
CITY OF FORT COLLINS
CUSTOMER SERVICE STANDARDS
CABLE TELEVISION
I. POLICY
The Cable Operator should resolve citizen complaints without delay and interference from the
Franchising Authority.
Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the
Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or
noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure and
establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within
established deadlines, monetary sanctions should be imposed to encourage compliance and deter future
non-compliance.
These Standards are intended to be of general application, and are expected to be met under normal
operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder if it is
unable to perform due to a region-wide natural emergency or in the event of force majeure affecting a
significant portion of the franchise area. The Cable Operator is free to exceed these Standards to the
benefit of its Customers and such shall be considered performance for the purposes of these Standards.
These Standards supercede any contradictory or inconsistent provision in federal, state or local law
(Source: 47 U.S.C. § 552(a)(1) and (d)), provided, however, that any provision in federal, state or local
law, or in any original franchise agreement or renewal agreement, that imposes a higher obligation or
requirement than is imposed by these Standards, shall not be considered contradictory or inconsistent
with these Standards. In the event of a conflict between these Standards and a Franchise Agreement,
the Franchise Agreement shall control.
These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable
System, within the City of Fort Collins, County of Larimer, Colorado.
II. DEFINITIONS
When used in these Customer Service Standards (the "Standards"), the following words, phrases, and
terms shall have the meanings given below.
"Adoption" shall mean the process necessary to formally enact the Standards within the Franchising
Authority's jurisdiction under applicable ordinances and laws.
"Affiliate" shall mean any person or entity that is owned or controlled by, or under common ownership
or control with, a Cable Operator, and provides any Cable Service or Other Service.
“Applicable Law” means, with respect to these standards and any Cable Operator’s privacy policies, any
statute, ordinance, judicial decision, executive order or regulation having the force and effect of law, that
determines the legal standing of a case or issue.
ATTACHMENT 2
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"Cable Operator" shall mean any person or group of persons (A) who provides Cable Service over a
Cable System and directly or through one or more affiliates owns a significant interest in such cable
system, or (B) who otherwise controls or is responsible for, through any arrangement, the management
and operation of such a Cable System. Source: 47 U.S.C. § 522(5).
“Cable Service” shall mean (A) the one-way transmission to subscribers of (i) video programming, or
(ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service. Source: 47 U.S.C. § 522(6). For
purposes of this definition, “video programming” is programming provided by, or generally considered
comparable to programming provided by a television broadcast station. Source: 47 U.S.C. § 522(20).
“Other programming service” is information that a Cable Operator makes available to all subscribers
generally. Source: 47 U.S.C. § 522(14).
“Cable System” shall mean a facility, consisting of a set of closed transmission paths and associated
signal generation, reception, and control equipment that is designed to provide Cable Service which
includes video programming and which is provided to multiple subscribers within a community, but
such term does not include (A) a facility that serves only to retransmit the televisions signals of one or
more television broadcast stations, or (B) a facility that serves subscribers without using any public right
of way. Source: 47 U.S.C. § 522(7).
"City" shall mean the City of Fort Collins, County of Larimer, Colorado.
“Contractor” shall mean a person or entity that agrees by contract to furnish materials or perform
services for another at a specified consideration.
"Customer" shall mean any person who receives any Cable Service from a Cable Operator.
"Customer Service Representative" (or "CSR") shall mean any person employed with or under contract
or subcontract to a Cable Operator to assist, or provide service to, customers, whether by telephone,
writing service or installation orders, answering customers' questions in person, receiving and
processing payments, or performing any other customer service-related tasks.
“Escalated complaint” shall mean a complaint that is referred to a Cable Operator by the Franchising
Authority.
"Franchising Authority" shall mean the City.
"Necessary" shall mean required or indispensable.
"Non-cable-related purpose" shall mean any purpose that is not necessary to render or conduct a
legitimate business activity related to a Cable Service or Other Service provided by a Cable Operator to
a Customer. Market research, telemarketing, and other marketing of services or products that are not
related to a Cable Service or Other Service provided by a Cable Operator to a Customer shall be
considered Non-cable-related purposes.
“Normal business hours” shall mean those hours during which most similar businesses in the community
are open to serve customers. In all cases, “normal business hours” must include at least some evening
hours one night per week, and include some weekend hours. Source: 47 C.F.R. § 76.309.
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“Normal operating conditions” shall mean those service conditions which are within the control of a
Cable Operator. Conditions which are not within the control of a Cable Operator include, but are not
necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages,
and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable
Operator include, but are not necessarily limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods and maintenance or upgrade to the Cable System.
“Other Service(s)” shall mean any wire or radio communications service provided using any of the
facilities of a Cable Operator that are used in the provision of Cable Service.
"Personally Identifiable Information" shall mean specific information about an identified Customer,
including, but not be limited to, a Customer's (a) login information for the use of Cable Service and
management of a Customer’s Cable Service account, (b) extent of viewing of video programming or
Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses, (f) medical
information, (g) banking data or information, or (h) any other personal or private information.
"Personally Identifiable Information" shall not mean any aggregate information about Customers which
does not identify particular persons, or information gathered by a Cable Operator necessary to install,
repair or service equipment or Cable System facilities at a Customer’s premises.
“Service interruption” or “interruption” shall mean (i) the loss or substantial impairment of picture
and/or sound on one or more cable television channels.
“Service outage” or “outage” shall mean a loss or substantial impairment in reception on all channels.
“Subcontractor” shall mean a person or entity that enters into a contract to perform part or all of the
obligations of another's contract.
“Writing” or “written” as the term applies to notification shall include electronic communications.
Any terms not specifically defined in these Standards shall be given their ordinary meaning, or where
otherwise defined in applicable federal law, such terms shall be interpreted consistent with those
definitions.
III. CUSTOMER SERVICE
A. Courtesy
Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and
helpful and shall provide effective and satisfactory service in all contacts with customers.
B. Accessibility
1. A Cable Operator shall provide customer service centers/business offices (“Service Centers”) which
are conveniently located, and which are open during Normal Business Hours. Service Centers shall be
fully staffed with Customer Service Representatives offering the following services to Customers who
come to the Service Center: bill payment, equipment exchange, processing of change of service
requests, and response to Customer inquiries and request.
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Attachment2.2: Customer Service Standards (draft) (3094 : Cable Franchise Renewal Update)
4
Unless otherwise requested by the City, a Cable Operator shall post a sign at each Service Center,
visible from the outside of the Service Center, advising Customers of its hours of operation and of the
telephone number at which to contact the Cable Operator if the Service Center is not open at the times
posted.
The Cable Operator shall use commercially reasonable efforts to implement and promote “self-help”
tools and technology, in order to respond to the growing demand of Customers who wish to interact with
the Cable Operator on the Customer’s own terms and timeline and at their own convenience, without
having to travel to a Service Center. Without limitation, examples of self-help tools or technology may
include self-installation kits to Customers upon request; pre-paid mailers for the return of equipment
upon Customer request; an automated phone option for Customer bill payments; and equipment
exchanges at a Customer’s residence in the event of damaged equipment. A Cable Operator shall
provide free exchanges of faulty equipment at the customer's address if the equipment has not been
damaged in any manner due to the fault or negligence of the customer.
2. A Cable Operator shall maintain local telephone access lines that shall be available twenty-four (24)
hours a day, seven (7) days a week for service/repair requests and billing/service inquiries.
3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven
(7) days a week, including legal holidays.
4. If a customer service telephone call is answered with a recorded message providing the customer with
various menu options to address the customer’s concern, the recorded message must provide the
customer the option to connect to and speak with a CSR within sixty (60) seconds of the commencement
of the recording. During Normal Business Hours, a Cable Operator shall retain sufficient customer
service representatives and telephone line capacity to ensure that telephone calls to technical
service/repair and billing/service inquiry lines are answered by a customer service representative within
thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR
or chooses a menu option that pursuant to the automated voice message, leads to a direct connection
with a CSR. Under normal operating conditions, this thirty (30) second telephone answer time
requirement standard shall be met no less than ninety (90) percent of the time measured quarterly.
5. Under normal operating conditions, a customer shall not receive a busy signal more than three percent
(3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured
quarterly.
C. Responsiveness
1. Guaranteed Seven-Day Residential Installation
a. A Cable Operator shall complete all standard residential installations or modifications to
service requested by customers within seven (7) business days after the order is placed, unless a later
date for installation is requested. "Standard" residential installations are those located up to one hundred
twenty five (125) feet from the existing distribution system. If the customer requests a nonstandard
residential installation, or the Cable Operator determines that a nonstandard residential installation is
required, the Cable Operator shall provide the customer in advance with a total installation cost estimate
and an estimated date of completion.
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5
b. All underground cable drops to the home shall be buried at a depth of no less than twelve
inches (12"), or such other depth as may be required by the Franchise Agreement or local code
provisions, or if there are no applicable Franchise or code requirements, at such other depths as may be
agreed to by the parties if other construction concerns preclude the twelve inch requirement , and within
no more than one calendar week from the initial installation, or at a time mutually agreed upon between
the Cable Operator and the customer.
2. Residential Installation and Service Appointments
a. The “appointment window” alternatives for specific installations, service calls, and/or other
installation activities will be either a specific time, or at a maximum, a four (4) hour time block between
the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may schedule service
calls and other installation activities outside of the above days and hours for the express convenience of
customers. For purposes of this subsection “appointment window” means the period of time in which
the representative of the Cable Operator must arrive at the customer’s location.
b. A Cable Operator may not cancel an appointment with a customer after the close of business
on the business day prior to the scheduled appointment, unless the customer’s issue has otherwise been
resolved.
c. If a Cable Operator is running late for an appointment with a customer and will not be able to
keep the appointment as scheduled, the Cable Operator shall take reasonable efforts to contact the
customer promptly, but in no event later than the end of the appointment window. The appointment will
be rescheduled, as necessary at a time that is convenient to the customer, within Normal Business Hours
or as may be otherwise agreed to between the customer and Cable Operator.
d. A Cable Operator shall be deemed to have responded to a request for service under the
provisions of this section when a technician arrives within the agreed upon time, and, if the customer is
absent when the technician arrives, the technician leaves written notification of arrival and return time,
and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator
shall contact the customer within forty-eight (48) hours.
3. Residential Service Interruptions
a. In the event of system outages resulting from Cable Operator equipment failure, the Cable
Operator shall correct such failure within 2 hours after the 3rd customer call is received.
b. All other service interruptions resulting from Cable Operator equipment failure shall be
corrected by the Cable Operator by the end of the next calendar day.
c. Records of Complaints.
i. A Cable Operator shall keep an accurate and comprehensive file of any
complaints regarding the cable system or its operation of the cable system, in a manner
consistent with the privacy rights of customers, and the Cable Operator's actions in response to
those complaints. These files shall remain available for viewing by the Franchising Authority
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during normal business hours at the Cable Operator’s business office, and shall be retained by
the Cable Operator for a period of at least three (3) years.
ii. Upon written request a Cable Operator shall provide the Franchising Authority an
executive summary quarterly, which shall include information concerning customer complaints
referred by the Franchising Authority to the Grantee and any other requirements of a Franchise
Agreement but no personally identifiable information. These summaries shall be provided within
fifteen (15) days after the end of each quarter. Once a request is made, it need not be repeated
and quarterly executive summaries shall be provided by the Cable Operator until notified in
writing by the Franchising Authority that such summaries are no longer required.
iii. Upon written request a summary of service requests, identifying the number and
nature of the requests and their disposition, shall also be completed by the Cable Operator for
each quarter and submitted to the Franchising Authority by the fifteenth (15th) day of the month
after each calendar quarter. Once a request is made, it need not be repeated and quarterly
summary of service requests shall be provided by the Cable Operator until notified in writing by
the Franchising Authority that such summaries are no longer required. Complaints shall be
broken out by the nature of the complaint and the type of Cable service subject to the complaint.
d. Records of Service Interruptions and Outages. A Cable Operator shall maintain records of all
outages and reported service interruptions. Such records shall indicate the type of cable service
interrupted, including the reasons for the interruptions. A log of all service interruptions shall be
maintained and provided to the Franchising Authority quarterly, upon written request, within fifteen (15)
days after the end of each quarter. Such records shall be submitted to the Franchising Authority with the
records identified in Section 3.c.ii above if so requested in writing, and shall be retained by the Cable
Operator for a period of three (3) years.
e. All service outages and interruptions for any cause beyond the control of the Cable Operator
shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been
corrected.
4. TV Reception
a. A Cable Operator shall provide clear television reception that meets or exceeds technical
standards established by the United States Federal Communications Commission (the "FCC"). A Cable
Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause
and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur
during periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.).
b. If a customer experiences poor video or audio reception attributable to a Cable Operator's
equipment, the Cable Operator shall:
i. Assess the problem within one (1) day of notification;
ii. Communicate with the customer regarding the nature of the problem and the
expected time for repair;
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iii. Complete the repair within two (2) days of assessing the problem unless
circumstances exist that reasonably require additional time.
c. If an appointment is necessary to address any video or audio reception problem, the
customer may choose a block of time described in Section III.C.2.a. At the customer's request, the Cable
Operator shall repair the problem at a later time convenient to the customer, during Normal Business
Hours or at such other time as may be agreed to by the customer and Cable Operator. A Cable Operator
shall maintain periodic communications with a customer during the time period in which problem
ascertainment and repair are ongoing, so that the customer is advised of the status of the Cable
Operator’s efforts to address the problem.
5. Problem Resolution
A Cable Operator's customer service representatives shall have the authority to provide credit for
interrupted service, to waive fees, to schedule service appointments and to change billing cycles, where
appropriate. Any difficulties that cannot be resolved by the customer service representative shall be
referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve
the problem within forty eight (48) hours or within such other time frame as is acceptable to the
customer and the Cable Operator.
6. Billing, Credits, and Refunds
a. In addition to other options for payment of a customer’s service bill, a Cable Operator shall
make available a telephone payment option where a customer without account irregularities can enter
payment information through an automated system, without the necessity of speaking to a CSR.
b. A Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable
service period for payment of a customer's service bill for that period. If a customer's service bill is not
paid within that period of time the Cable Operator may apply an administrative fee to the customer's
account. The administrative fee must reflect the average costs incurred by the Cable Operator in
attempting to collect the past due payment in accordance with applicable law. If the customer's service
bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the
Cable Operator may perform a "soft" disconnect of the customer's service. If a customer's service bill is
not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable
Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the
customer that such disconnection may result.
c. The Cable Operator shall issue a credit or refund to a customer within 30 days after
determining the customer's entitlement to a credit or refund.
d. Whenever the Cable Operator offers any promotional or specially priced service(s) its
promotional materials shall clearly identify and explain the specific terms of the promotion, including
but not limited to manner in which any payment credit will be applied.
7. Treatment of Property
To the extent that a Franchise Agreement does not contain the following procedures for treatment of
property, Operator shall comply with the procedures set forth in this Section.
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a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other
landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during
installation or construction shall be restored to their prior condition or replaced within seven (7) days,
unless seasonal conditions require a longer time, in which case such restoration or replacement shall be
made within seven (7) days after conditions permit. Trees and shrubs on private property shall not be
removed without the prior permission of the owner or legal tenant of the property on which they are
located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise
agreement.
b. A Cable Operator shall, at its own cost and expense, and in a manner approved by the property
owner and the Franchising Authority, restore any private property to as good condition as before the
work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a
property owner for any damage resulting from the Cable Operator's installation, construction, service or
repair activities. If compensation is requested by the customer for damage caused by any Cable Operator
activity, the Cable Operator shall reimburse the property owner one hundred (100) percent of the actual
cost of the damage.
c. Except in the case of an emergency involving public safety or service interruption to a large
number of customers, a Cable Operator shall give reasonable notice to property owners or legal tenants
prior to entering upon private premises, and the notice shall specify the work to be performed; provided
that in the case of construction operations such notice shall be delivered or provided at least twenty-four
(24) hours prior to entry, unless such notice is waived by the customer. For purposes of this subsection,
“reasonable notice” shall be considered:
i. For pedestal installation or similar major construction, seven (7) days.
ii. For routine maintenance, such as adding or dropping service, tree trimming and
the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a
different requirement, reasonable notice shall require, at a minimum, prior notice to a property
owner or tenant, before entry is made onto that person’s property.
iii. For emergency work a Cable Operator shall attempt to contact the property owner
or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not
made. Door hangars must describe the issue and provide contact information where the property
owner or tenant can receive more information about the emergency work.
Nothing herein shall be construed as authorizing access or entry to private property, or any other
property, where such right to access or entry is not otherwise provided by law.
d. Cable Operator personnel shall clean all areas surrounding any work site and ensure that all
cable materials have been disposed of properly.
D. Services for Customers with Disabilities
1. For any customer with a disability, a Cable Operator shall deliver and pick up equipment at
customers' homes at no charge unless the malfunction was caused by the actions of the customer. In the
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case of malfunctioning equipment, the technician shall provide replacement equipment, hook it up and
ensure that it is working properly, and shall return the defective equipment to the Cable Operator.
2. A Cable Operator shall provide either TTY, TDD, TYY, VRS service or other similar service that are
in compliance with the Americans With Disabilities Act and other applicable law, with trained operators
who can provide every type of assistance rendered by the Cable Operator's customer service
representatives for any hearing-impaired customer at no charge.
3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired (if disabled, in
accordance with Section III.D.4) customers.
4. Any customer with a disability may request the special services described above by providing a Cable
Operator with a letter from the customer's physician stating the need, or by making the request to the
Cable Operator's installer or service technician, where the need for the special services can be visually
confirmed.
E. Cable Services Information
1. At any time a customer or prospective customer may request, a Cable Operator shall provide the
following information, in clear, concise written form, easily accessible and located on Cable Operator’s
website (and in Spanish, when requested by the customer):
a. Products and services offered by the Cable Operator, including its channel lineup;
b. The Cable Operator's complete range of service options and the prices for these services;
c. The Cable Operator's billing, collection and disconnection policies;
d. Privacy rights of customers;
e. All applicable complaint procedures, including complaint forms and the telephone numbers
and mailing addresses of the Cable Operator, and the FCC;
f. Use and availability of parental control/lock out device;
g. Special services for customers with disabilities;
h. Days, times of operation, and locations of the service centers;
2. At a Customer’s request, a Cable Operator shall make available either a complete copy of these
Standards and any other applicable customer service standards, or a summary of these Standards, in a
format to be approve by the Franchising Authority, which shall include at a minimum, the URL address
of a website containing these Standards in their entirety; provided however, that if the Franchising
Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall
be under no obligation to do so;
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If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information
listed in this Section by making the requested information available electronically, such as on a website
or by electronic mail.
3. Upon written request, a Cable Operator shall meet annually with the Franchising Authority to review
the format of the Cable Operator’s bills to customers. Whenever the Cable Operator makes substantial
changes to its billing format, it will contact the Franchising Authority at least thirty (30) days prior to the
time such changes are to be effective, in order to inform the Franchising Authority of such changes.
4. Copies of notices provided to the customer in accordance with subsection 5 below shall be filed (by
fax or email acceptable) concurrently with the Franchising Authority.
5. A Cable Operator shall provide customers with written notification of any change in rates for
nondiscretionary cable services, and for service tier changes that result in a deletion of programming
from a customer’s service tier, at least thirty (30) days before the effective date of change. For purposes
of this section, “nondiscretionary” means the subscribed tier and any other Cable Services that a
customer has subscribed to, at the time the change in rates are announced by the Cable Operator.
6. All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are
in personal contact with customers and/or when working on public property, shall wear on their outer
clothing identification cards bearing their name and photograph and identifying them as representatives
of the Cable Operator. The Cable Operator shall account for all identification cards at all times. Every
vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable
Operator. Whenever a Cable Operator work crew is in personal contact with customers or public
employees, a supervisor must be able to communicate clearly with the customer or public employee.
Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor and
further identified as contracting or subcontracting for the Cable Operator.
7. Each CSR, technician or employee of the Cable Operator in each contact with a customer shall state
the estimated cost of the service, repair, or installation orally prior to delivery of the service or before
any work is performed, and shall provide the customer with an oral statement of the total charges before
terminating the telephone call or before leaving the location at which the work was performed. A
written estimate of the charges shall be provided to the customer before the actual work is performed.
F. Customer Privacy
1. Cable Customer Privacy. In addition to complying with the requirements in this subsection, a Cable
Operator shall fully comply with all obligations under 47 U.S.C. Section 551.
2. Collection and Use of Personally Identifiable Information.
a. A Cable Operator shall not use the Cable System to collect, monitor or observe Personally
Identifiable Information without the prior affirmative written or electronic consent of the Customer
unless, and only to the extent that such information is: (i) used to detect unauthorized reception of cable
communications, or (ii) necessary to render a Cable Service or Other Service provided by the Cable
Operator to the Customer and as otherwise authorized by applicable law.
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b. A Cable Operator shall take such actions as are necessary using then-current industry standard
practices to prevent any Affiliate from using the facilities of the Cable Operator in any manner,
including, but not limited to, sending data or other signals through such facilities, to the extent such use
will permit an Affiliate unauthorized access to Personally Identifiable Information on equipment of a
Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a
Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable
Service. This subsection F.2.b shall not be interpreted to prohibit an Affiliate from obtaining access to
Personally Identifiable Information to the extent otherwise permitted by this subsection F.
c. A Cable Operator shall take such actions as are necessary using then-current industry standard
practices to prevent a person or entity (other than an Affiliate) from using the facilities of the Cable
Operator in any manner, including, but not limited to, sending data or other signals through such
facilities, to the extent such use will permit such person or entity unauthorized access to Personally
Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or
leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable
Operator that are used in the provision of Cable Service.
3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally
Identifiable Information without the prior affirmative written or electronic consent of the Customer,
unless otherwise authorized by applicable law.
a. A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable
Information of any Customer for any Non-Cable related purpose as provided in this subsection F.3.a,
where such Customer has not previously been provided the notice and choice provided for in subsection
III.F.9, the Cable Operator shall notify each Customer (that the Cable Operator intends to disclose
information about) of the Customer's right to prohibit the disclosure of such information for Non-cable
related purposes. The notice to Customers may reference the Customer to his or her options to state a
preference for disclosure or non-disclosure of certain information, as provided in subsection III.F.10.
b. A Cable Operator may disclose Personally Identifiable Information only to the extent that it is
necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service
provided by the Cable Operator to the Customer.
c. To the extent authorized by applicable law, a Cable Operator may disclose Personally
Identifiable Information pursuant to a subpoena, court order, warrant or other valid legal process
authorizing such disclosure.
4. Access to Information. Any Personally Identifiable Information collected and maintained by a Cable
Operator shall be made available for Customer examination within thirty (30) days of receiving a
request by a Customer to examine such information about himself or herself at the local offices of the
Cable Operator or other convenient place within the City designated by the Cable Operator, or
electronically, such as over a website. Upon a reasonable showing by the Customer that such Personally
Identifiable Information is inaccurate, a Cable Operator shall correct such information.
5. Privacy Notice to Customers
a. A Cable Operator shall annually mail or provide a separate, written or electronic copy of the
privacy statement to Customers consistent with 47 U.S.C. Section 551(a)(1), and shall provide a
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Customer a copy of such statement at the time the Cable Operator enters into an agreement with the
Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format, which
at a minimum, shall be in a comparable font size to other general information provided to Customers
about their account as it appears on either paper or electronic Customer communications.
b. In or accompanying the statement required by subsection F.5.a, a Cable Operator shall state
substantially the following message regarding the disclosure of Customer information: "Unless a
Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable
information, any disclosure of personally identifiable information for purposes other than to the extent
necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other
Service, is limited to:
i. Disclosure pursuant to valid legal process authorized by applicable law.
ii. Disclosure of the name and address of a Customer subscribing to any general
programming tiers of service and other categories of Cable Services provided by the Cable
Operator that do not directly or indirectly disclose: (A) A Customer's extent of viewing of a
Cable Service or Other Service provided by the Cable Operator; (B) The extent of any other use
by a Customer of a Cable Service; (C) The nature of any transactions made by a Customer over
the Cable System; or (D) The nature of programming or websites that a Customer subscribes to
or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general
tier of service, or a package of channels with the same type of programming), provided that with
respect to the nature of websites subscribed to or viewed, these are limited to websites accessed
by a Customer in connection with programming available from their account for Cable
Services.”
The notice shall also inform the Customers of their right to prohibit the disclosure of their names and
addresses in accordance with subsection F.3.a. If a Customer exercises his or her right to prohibit the
disclosure of name and address as provided in subsection F.3.a or this subsection, such prohibition
against disclosure shall remain in effect, unless and until the Customer subsequently changes their
disclosure preferences as described in subsection F.9 below.
6. Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic reports to
the Franchising Authority required by its Franchise Agreement information summarizing:
a. The type of Personally Identifiable Information that was actually collected or disclosed by
Cable Operator during the reporting period;
b. For each type of Personally Identifiable Information collected or disclosed, a statement from
an authorized representative of the Cable Operator certifying that the Personally Identifiable Information
collected or disclosed was: (A) collected or disclosed to the extent Necessary to render, or conduct a
legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator;
(B) used to the extent Necessary to detect unauthorized reception of cable communications: (C)
disclosed pursuant to valid legal process authorized by applicable law; or (D) a disclosure of Personally
Identifiable Information of particular subscribers, but only to the extent affirmatively consented to by
such subscribers in writing or electronically, or as otherwise authorized by applicable law.
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c. The standard industrial classification (SIC) codes or comparable identifiers pertaining to any
entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator
need not provide the name of any court or governmental entity to which such disclosure was made
pursuant to valid legal process authorized by applicable law;
d. The general measures that have been taken to prevent the unauthorized access to Personally
Identifiable Information by a person other than the Customer or the Cable Operator. A Cable Operator
shall meet with Franchising Authority if requested to discuss technology used to prohibit unauthorized
access to Personally Identifiable Information by any means.
7. Nothing in this subsection III.F shall be construed to prevent the Franchising Authority from
obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the
Communications Act, 47 U.S.C. Section 551 and applicable laws.
8. Destruction of Personally Identifiable Information. A Cable Operator shall destroy any Personally
Identifiable Information if the information is no longer necessary for the purpose for which it was
collected and there are no pending requests or orders for access to such information under subsection 4
of this subsection III.F, pursuant to a court order or other valid legal process, or pursuant to applicable
law.
9. Notice and Choice for Customers. The Cable Operator shall at all times make available to Customers
one or more methods for Customers to use to prohibit or limit disclosures, or permit or release
disclosures, as provided for in this subsection III.F. These methods may include, for example, online
website “preference center” features, automated toll-free telephone systems, live toll-free telephone
interactions with customer service agents, in-person interactions with customer service personnel,
regular mail methods such as a postage paid, self-addressed post card, an insert included with the
Customer’s monthly bill for Cable Service, the privacy notice specified in subsection III.F.5, or such
other comparable methods as may be provided by the Cable Operator. Website “preference center”
features shall be easily identifiable and navigable by Customers, and shall be in a comparable size font
as other billing information provided to Customers on a Cable Operator’s website. A Customer who
provides the Cable Operator with permission to disclose Personally Identifiable Information through any
of the methods offered by a Cable Operator shall be provided follow-up notice, no less than annually, of
the Customer’s right to prohibit these disclosures and the options for the Customer to express his or her
preference regarding disclosures. Such notice shall, at a minimum, be provided by an insert in the Cable
Operator’s bill (or other direct mail piece) to the Customer or a notice or message printed on the Cable
Operator’s bill to the Customer, and on the Cable Operator’s website when a Customer logs in to view
his or her Cable Service account options. The form of such notice shall also be provided on an annual
basis to the Franchising Authority. These methods of notification to Customers may also include other
comparable methods as submitted by the Cable Operator and approved by the Franchising Authority in
its reasonable discretion.
G. Safety
A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with
all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere
with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe
condition exists with respect to its equipment, the Cable Operator shall investigate such condition
immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.
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H. Cancellation of New Services
In the event that a new customer requests installation of Cable Service and is unsatisfied with their
initial Cable Service, and provided that the customer so notifies the Cable Operator of their
dissatisfaction within 30 days of initial installation, then such customer can request disconnection of
Cable Service within 30 days of initial installation, and the Cable Operator shall provide a credit to the
customer’s account consistent with this Section. The customer will be required to return all equipment
in good working order; provided such equipment is returned in such order, then the Cable Operator shall
refund the monthly recurring fee for the new customer’s first 30 days of Cable Service and any charges
paid for installation. This provision does not apply to existing customers who request upgrades to their
Cable Service, to discretionary Cable Service such as PPV or movies purchased and viewed On
Demand, or to customer moves and/or transfers of Cable Service. The service credit shall be provided
in the next billing cycle.
IV. COMPLAINT PROCEDURE
A. Complaints to a Cable Operator
1. A Cable Operator shall establish written procedures for receiving, acting upon, and resolving
customer complaints, and crediting customer accounts and shall have such procedures printed and
disseminated at the Cable Operator's sole expense, consistent with Section III.E.1.e of these Standards.
2. Said written procedures shall prescribe a simple manner in which any customer may submit a
complaint by telephone or in writing to a Cable Operator that it has violated any provision of these
Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator,
or reasonable business practices. If a representative of the Franchising Authority notifies the Cable
Operator of a customer complaint that has not previously been made by the customer to the Cable
Operator, the complaint shall be deemed to have been made by the customer as of the date of the
Franchising Authority’s notice to the Cable Operator.
3. At the conclusion of the Cable Operator's investigation of a customer complaint, but in no more than
ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the
results of its investigation and its proposed action or credit.
4. A Cable Operator shall also notify the customer of the customer's right to file a complaint with the
Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and
shall thoroughly explain the necessary procedures for filing such complaint with the Franchising
Authority.
5. A Cable Operator shall immediately report all customer Escalated complaints that it does not find
valid to the Franchising Authority.
6. A Cable Operator's complaint procedures shall be filed with the Franchising Authority prior to
implementation.
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B. Complaints to the Franchising Authority
1. Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not
received a decision within the time period set forth below shall be entitled to have the complaint
reviewed by the Franchising Authority.
2. The customer may initiate the review either by calling the Franchising Authority or by filing a written
complaint together with the Cable Operator's written decision, if any, with the Franchising Authority.
3. The customer shall make such filing and notification within twenty (20) days of receipt of the Cable
Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original
complaint with the Cable Operator.
4. If the Franchising Authority decides that further evidence is warranted, the Franchising Authority
shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a
written statement of the facts and arguments in support of their respective positions.
5. The Cable Operator and the customer shall produce any additional evidence, including any reports
from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and
determination of the complaint.
6. The Franchising Authority shall issue a determination within fifteen (15) days of receiving the
customer complaint, or after examining the materials submitted, setting forth its basis for the
determination.
7. The Franchising Authority may extend these time limits for reasonable cause and may intercede and
attempt to negotiate an informal resolution.
C. Security Fund or Letter of Credit
A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a
Franchise Agreement is silent on Letter of Credit the following shall apply:
1. Within thirty (30) days of the written notification to a Cable Operator by the Franchising Authority
that an alleged Franchise violation exists, a Cable Operator shall deposit with an escrow agent approved
by the Franchising Authority fifty thousand dollars ($50,000) or, in the sole discretion of the Franchising
Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers
within its jurisdiction. Alternatively, at the Cable Operator’s discretion, it may provide to the
Franchising Authority an irrevocable letter of credit in the same amount.
The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring compliance with
these Standards for the benefit of the Franchising Authority. The escrowed funds or letter of credit shall
be maintained by a Cable Operator at the amount initially required, even if amounts are withdrawn
pursuant to any provision of these Standards, until any claims related to the alleged Franchise
violation(s) are paid in full.
2. The Franchising Authority may require the Cable Operator to increase the amount of the Security
Fund, if it finds that new risk factors exist which necessitate such an increase.
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3. The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as
provided for herein and for the performance by a Cable Operator of all its obligations under these
Customer Service Standards.
4. The rights reserved to the Franchising Authority with respect to the Security Fund are in addition to
all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or
authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way
affect, or diminish, any other right the Franchising Authority may otherwise have.
D. Verification of Compliance
A Cable Operator shall establish its compliance with any or all of the standards required through annual
reports that demonstrate said compliance, or as requested by the Franchising Authority.
E. Procedure for Remedying Violations
1. If the Franchising Authority has reason to believe that a Cable Operator has failed to comply with any
of these Standards, or has failed to perform in a timely manner, the Franchising Authority may pursue
the procedures in its Franchise Agreement to address violations of these Standards in a like manner as
other franchise violations are considered.
2. Following the procedures set forth in any Franchise Agreement governing the manner to address
alleged Franchise violations, if the Franchising Authority determines in its sole discretion that the
noncompliance has been substantiated, in addition to any remedies that may be provided in the
Franchise Agreement, the Franchising Authority may:
a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be withdrawn from
the Security Fund in addition to any franchise fee until the non-compliance is remedied; and/or
b. Order such rebates and credits to affected customers as in its sole discretion it deems
reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with
these Standards; and/or
c. Reverse any decision of the Cable Operator in the matter and/or
d. Grant a specific solution as determined by the Franchising Authority; and/or
e. Except for in emergency situations, withhold licenses and permits for work by the Cable
Operator or its subcontractors in accordance with applicable law.
V. MISCELLANEOUS
A. Severability
Should any section, subsection, paragraph, term, or provision of these Standards be determined
to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard
DRAFT
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Attachment2.2: Customer Service Standards (draft) (3094 : Cable Franchise Renewal Update)
17
thereto, such determination shall have no effect on the validity of any other section, subsection,
paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force
and effect.
B. Non-Waiver
Failure to enforce any provision of these Standards shall not operate as a waiver of the
obligations or responsibilities of a Cable Operator under said provision, or any other provision of these
Standards. Revised 6/18/13.
DRAFT
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Information Technology
215 North Mason Street
3rd Floor
PO Box 580
Fort Collins, CO 80522
970.221-6790
970.221-6329 - fax
fcgov.com
Date: April 25, 2014
To: Mayor Weitkunat and City Councilmembers
Thru: Darin Atteberry, City Manager
Kelly DiMartino, Assistant City Manager
From: Dan Coldiron, Chief Information Officer
Re: April 22, 2014 Work Session Summary: Comcast Franchise Renewal Process
City Council in Attendance: Mayor Weitkunat, Mayor Pro Tem Horak, Councilmembers
Campana, Cunniff, Overbeck, and Troxell. Absent: Councilmember Poppaw
Presenting Staff: Dan Coldiron, joined by Connie Ledoux Book and Ken Fellman, consultants.
Council was provided with an update on the process to renew the Comcast cable franchise
agreement during the April 22, 2014 Work Session. The presentation included an overview of
the evaluation of Comcast's compliance with the current franchise agreement, the community
needs assessment, and the current state of the cable industry. Council identified a number of
issues to be addressed during the upcoming franchise renewal negotiations:
• A basic programming package is highly desired in the new agreement. It was noted that
although this was provided by Comcast as part of the current franchise agreement,
communication and availability of the package to customers was severely lacking.
• The needs assessment indicated a significant interest by the community in Public,
Education and Government (PEG) programming. The needs of the PEG channels point
to a need to increase the PEG fee; some Councilmembers prefer a percentage-based fee
over a flat fee.
• There is a need to have a better definition of gross revenue the new agreement. In
conjunction with this, financial reporting should enable frequent, periodic auditing.
• Technical standards and system performance testing should be required on a frequent
basis in the new agreement.
• There is a need for the City to be more proactive in monitoring the performance of
Comcast during the life of the agreement.
• More well-defined customer service standards should be developed and enforced.
• Periodic updates will be provided to Council as the negotiations progress.
ATTACHMENT 3
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Attachment2.3: Work Session Summary, April 25, 2014 (3094 : Cable Franchise Renewal Update)
1
Cable Television Franchise
Renewal Process
Dan Coldiron – Chief Information Officer
Ingrid Decker – Senior Assistant City Attorney
Carson Hamlin – Cable Television Manager
ATTACHMENT 4
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2
Current Comcast Cable Franchise
• 10 year term, extended until July 29, 2015
• Estimate 50% of households subscribe to Comcast
– Satellite 37%
– No multichannel service 10%
• 92% of subscribing households have Comcast Internet
• Public, Education and Government Fee, 50 cents paid by
subscribers to support 5 channels
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What’s Changed Since Last Renewal
• Steady subscribership rates
• Broadband services growth
• All digital system
• Comcast purchased NBC/Universal, owns significant
amount of content on system
• FCPAN developed and completely volunteer run
• Comcast ranked 15th in customer service of 17 cable
companies by Consumer Reports
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Community Input
• Surveys mailed to 4,000 random citizens:
– 701 responses
– 18% response, 8% above average
• 800 responses from online surveys:
– Promoted on fcgov.com, Facebook and Twitter
• Community focus groups:
– City staff, Business, Non-profits & Individual PEG
groups
• Work Session with Council – April, 2014
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What we learned: Residential
• Study found same satisfaction levels as 10 years ago
0% 20% 40% 60% 80% 100%
Fort Collins (2013)
Fort Collins (2004)
Portland, OR
MACC (south of
Portland)
Denver, CO
Salisbury, MD
60%
59%
75%
83%
85%
51%
Comparative Overall Positive Ratings for
Cable Service
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What we learned: Residential
• Concerns over rising rates
• Customer service by phone not meeting customer service
benchmarks
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What we learned: Residential
• Some interest in “a la carte” channel selection
• Community interest in basic channel package
• Basic-basic channel package – recent monthly rates:
– Initial offering began in 2006 at $13.90
- 2010: $18.59 - 2011: $20.35
- 2012: $22.28 - 2013: $24.39
- 2014: $26.70
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What we learned: Residential
• Strong awareness of the City’s government channel and
FCPAN, as well as educational access channels.
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What we learned: Residential
• Good viewership of PEG channels compared to other niche
cable networks.
• Customer service, technical issues are significant related to
overall satisfaction.
• Access channel viewership:
– Positively related to overall cable satisfaction,
– Customers recognize they get PEG with Comcast and
not over the air or via satellite.
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What we learned: Residential
• The majority of residents rely on Comcast for broadband
and phone service as well.
• Those without broadband service in Fort Collins are
significantly more likely to:
– be older
– earn less per household
– Not have children in the home
– Not hold advanced degree
• Franchise cannot address broadband demands or issues
based upon federal communications law.
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What we learned: PEG Needs
• Significant support for the five current access channels
• A desire for HD picture quality on the access channels
• A desire for access channels in a video on-demand format
• Need for programming information to be on channel guide
• Need cross-channel marketing of FCPAN channel position
at 97
• Cable television service needed in government, education
and other civic sponsored spaces
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What we learned: PEG Needs
• Interactive television services as needed
• New, upgraded and replacement equipment over the course
of the franchise
• Capital funds to support these improvements
• Space for FCPAN to operate needs improvement
• Permanent staffing for FCPAN desired to meet community
interests for programming
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Franchise Renewal Process
• Work session with Council
• Began with the Colorado Communications and Utilities
Alliance “Model Agreement”
• Developed proposed agreement with Fort Collins interests
• Engaged Comcast in active negotiations, beginning in the
2nd quarter, 2014
• Presentation of the proposed franchise agreement to
Council scheduled for May 19, 2015
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Franchise Renewal: Items of Interest
• Number of Public, Education, Government (PEG) channels:
– Continue to have the current 5 SD channels
– 2 additional HD channels
• An increase of up to 75 cents monthly PEG fee:
– Current is 50 cents
• PEG grant monies:
– One-time $20,000 to assist with Fort Collins Public
Access Network (FCPAN) online programming
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Franchise Renewal: Items of Interest
• Other FCPAN Enhancements:
– A business Internet connection to support online
programming
– No monthly costs for the Internet connection
– Fiber return line to FCPAN at Carnegie Building
– Comcast will pay ½ of construction costs for above fiber
line (approx. $17k)
• Basic-Basic Subscription Package:
– A side letter agreement – same method as current
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Franchise Renewal: Items of Interest
• Customer Service Standards:
– Agreed to consider adoption of “model” standards
– Substantially similar to current standards
– Council can unilaterally change and adopt as needed,
when needed
• Potential issue:
– Customer service center - “conveniently located.”
– City’s interpretation - within Growth Management Area.
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17
Franchise Renewal: Questions/Comments
• Does Council have any questions regarding the negotiations
process?
• Does Council have any specific directions or concerns
based upon the information presented?
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Attachment2.4: Powerpoint presentation (3094 : Cable Franchise Renewal Update)
DATE:
STAFF:
April 28, 2015
Christine Macrina, Boards and Commissions Coordinator
Wanda Nelson, City Clerk
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Making Board and Commission Liaison Assignments and Various Committee, Board and Authority Appointments.
EXECUTIVE SUMMARY
The purpose of this item is to determine Councilmember liaison assignments to boards and commissions and
makes various committee, board and authority appointments. These determinations will be discussed and made
official at the Regular May 5, 2015 Council Meeting.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Council Boards and Commission Liaison Assignments
BACKGROUND / DISCUSSION
After City Council is seated in odd-numbered years, Councilmembers decide which of the various board and
commission liaison assignments and committee appointments are of interest to them as individuals. At the April
28, 2015 work session, Councilmembers will discuss the liaison and committee assignments. The assignments
will be made official at the May 5, 2015 Regular Council Meeting.
Appointments to the Colorado Municipal League Policy Committee are considered in the fall of each year.
Resolution 2014-074 appointed Wade Troxell to the Colorado Municipal Leader Policy Committee.
Resolution 2014-020 appointed Ross Cunniff to the Housing Authority with a term to expire on May 1, 2017.
Resolution 2012-111 reappointed Gerry Horak as the City’s representative to the Platte River Power Authority
Board of Directors with a term to expire on December 31, 2016.
ATTACHMENTS
1. Boards and Commissions Alignment to the Seven Outcome Areas (PDF)
2. Board and Commission information (PDF)
Packet Pg. 136
Boards and Commissions Alignment to the Seven Key Outcome Areas
Community and
Neighborhood Livability Culture and Recreation Economic Health Environmental Health
High Performing
Government Safe Community Transportation
Affordable Housing Board Cultural Resources Board Art in Public Places Board Air Quality Advisory Board Retirement Committee Citizen Review Board Transportation Board
Commission on Disability Golf Board Building Review Board Energy Board
Community Development
Block Grant Commission
Building Review Board Air Quality Advisory Board
Community Development
Block Grant Commission
Parks and Recreation
Board
Economic Advisory
Commission
Land Conservation
Stewardship Board
Zoning Board of Appeals
Human Relations
Commission
Commission on Disability
Human Relations
Commission
Youth Advisory Board Parking Advisory Board
Natural Resources
Advisory Board
Citizen Review Board Water Board Senior Advisory Board
Landmark Preservation
Commission
Land Conservation
Stewardship Board
Planning and
Zoning Board
Water Board
Human Relations
Commission
Women’s Commission Affordable Housing Board
Senior Advisory Board
Natural Resources
Advisory Board
Affordable Housing Board
Parks and Recreation
Board
Youth Advisory Board
Natural Resources
Advisory Board
Women’s Commission Art in Public Places Board Cultural Resources Board Building Review Board Commission on Disability Parking Advisory Board
Zoning Board of Appeals
Landmark Preservation
Commission
Landmark Preservation
Commission
Energy Board Youth Advisory Board
Art in Public Places Board Transportation Board
Planning and
Zoning Board
Transportation Board
Citizen Review Board Zoning Board of Appeals Zoning Board of Appeals
Economic Advisory
City Council
• Boards and Commissions
• Authorities
• Council Committees
• Other Assignments
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
TABLE OF CONTENTS
CITY COUNCIL BOARDS AND COMMISSIONS
General Background 3
Types of Boards and Commissions 4
Council Liaison Role 5
General Policies and Procedures 6
Annual Reports 7
Work Plans 7
Periodic Reviews 8
Appreciation Event 11
Annual Recruitment 11
Training for Boardmembers 11
CITY COUNCIL LIAISON ASSIGNMENTS
Boards and Commissions 12
Authorities 13
Council Committees 13
Other Assignments 13
Blank Planning Grid for 2015-2017 Assignments 15
2013-2015 Assignments 19
DESCRIPTIONS
Boards and Commissions Functions 23
Council Committee Functions 29
RESOURCES 34
2
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
CITY COUNCIL BOARDS AND COMMISSIONS
General Background
The City of Fort Collins currently has 25 standing boards and commissions consisting of
approximately 200 volunteer members. All boardmembers are appointed by the Fort
Collins City Council and serve without compensation. Boards and commissions are
established for the purpose of acquiring and studying information in specific areas and to
make recommendations to City Council on issues within the board's area of expertise.
Some boards are quasi-judicial and have decision-making powers within their areas of
expertise. Decisions made by quasi-judicial boards are appealable to the City Council or
the courts.
Each board and commission is supported by a staff liaison. In addition, each board and
commission has a Council liaison. The City Clerk's Office coordinates the recruitment and
appointment process for all boards and commissions.
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Types of Boards and Commissions
There is no difference between a board or commission. Specific duties and functions are
established individually for each board or commission. The majority of boards and
commissions are advisory to the City Council and/or City administration and do not have
decision-making powers. The advisory boards are as follows:
Advisory to Council:
Affordable Housing Board
Air Quality Advisory Board
Art in Public Places Board
Commission on Disability
Community Development Block Grant Commission
Cultural Resources Board
Economic Advisory Commission
Energy Board
Golf Board
Land Conservation and Stewardship Board
Natural Resources Advisory Board Parking
Advisory Board
Parking Advisory Board
Parks and Recreation Board
Senior Advisory Board
Transportation Board
Women’s Commission
Youth Advisory Board
Advisory to Council and City Administration:
Citizen Review Board
Various boards and commissions are quasi-judicial and have decision-making powers
within their areas of expertise. Their decisions are subject to appeal to the City Council or
the courts. The following are quasi-judicial boards:
Quasi-Judicial:
Building Review Board
Human Relations Commission
Landmark Preservation Commission
Planning and Zoning Board
General Employee’s Retirement Committee
Water Board
Zoning Board of Appeals
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Council Liaison Role
Every two years, following the election of Councilmembers, the Council selects its liaisons
to the boards and commissions. Council has defined the role of Council liaisons as
follows:
1. To communicate with the board or commission when Council communication
is needed and to serve as the primary two-way communications channel
between Council and the board or commission.
2. To take the lead in filling vacancies, reviewing applications, and
interviewing candidates for the board or commission.
3. To serve as the primary informal Council contact for the board or commission.
4. To help resolve questions the board or commission may have about the role
of Council, municipal government, and the board or commission.
5. To establish formal or informal contact with the chairperson of the board or
commission and effectively communicate the role of the liaison.
6. To provide procedural direction and relay Council's position to the board or
commission, and to communicate to the board or commission that the
liaison's role is not to direct the board in its activities or work.
7. To serve as Council contact rather than an advocate for or ex- officio member
of the board or commission.
8. To review the annual work plan of the board or commission and make
recommendations to the City Council regarding the work plan.
9. To identify and help resolve any problems that may exist with respect to the
functioning of the board or commission.
10. To facilitate the training of new board and commission members by
providing suggestions and relevant information to the City staff members
responsible for providing such training.
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
The City Clerk’s Office annually prepares a Boards and Commissions Manual which
includes functions of boards and commissions, conflict of interest guidelines, appeal
procedures, membership limitations, attendance policies and other policy and procedural
information adopted by Council. The Manual can be found at: www.fcgov.com/boards.
General information about each specific board including meeting times is also available on-
line at: www.fcgov.com/boards.
The Clerk’s Office coordinates various yearly processes including annual appointments,
filling mid-year vacancies, periodic reviews, annual reports and work plans review. The
following table summarizes yearly on-going Council responsibilities to boards and
commissions:
Council Actions
January
Council Liaisons submit Work Plan comments to City Clerk *
Propose amendments to Work Plans (if desired) at 2nd meeting in January*
February
Consider Resolution to amend Work Plans (if desired) *
Review Annual Reports *
April
Following Council reorganization in April of odd-numbered years, decide
which of the various boards and commissions and committee assignments
are of interest
July Work Session Periodic Review of Boards and Commissions
October Conduct annual recruitment interviews
Host Annual Appreciation Event
November Conduct annual recruitment interviews
December Annual Appointment Resolution (2nd meeting in December)
Council Liaisons review Work Plans
* Resolution 2014-105 adopted on November 18, 2014 aligned the Boards and Commissions to the seven
(7) key outcome areas; the work plans were delayed and have not yet been reviewed and commented on.
The regular schedule will resume in 2016.
Note: Mid-year vacancy interviews are conducted as needed
The following information is provided as a brief overview of several of the yearly processes
related to boards and commissions. The City Clerk’s Office is responsible to coordinate
these processes and activities.
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Annual Reports
Each board and commission is required, by City Code, to prepare an annual report on or
before January 31 of each year for the previous year. Annual reports are filed with the City
Clerk for distribution to the City Council. Annual reports should directly correspond to the
work plan prepared by the board or commission for the year. The status of each item
identified on the work plan should be included, along with other items of business
conducted by the board or commission.
Work Plans
The City Code requires all boards and commissions to file work plans on or before
November 30 for the following year. Work plans are filed with the City Clerk and are
distributed to each Council Liaison for review and comments. Work plans should set out
major projects and issues for discussion for the following year. Timelines and scope of
review should be provided when possible. If appropriate, an estimate of action to be taken
should be included. Work plans should be concise and easily readable.
The following table includes the deadlines and action needed to complete the work plan
review process:
WORK PLAN DEADLINES
ACTIONS
November 30 #
Work plans for boards and commissions must be filed
with City Clerk
Second Thursday in December #
City Clerk forwards specific work plans with comment
forms to Council liaisons
Approximately 2 weeks after Clerk distributes work
plans with comment forms #
Council liaison comments due back to City Clerk
Early January #
City Clerk circulates all work plans with Council liaison
comments to City Council
2nd City Council meeting in January #
Councilmembers propose amendments to work plans
pursuant to previously established policy for initiating
and developing Council ordinances and resolutions.
(Support of 3 Councilmembers needed to initiate item .)
1st City Council meeting in February #
Council consideration of resolution to make
amendments (if any) to work plans.
# Delayed in 2015 only.
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Periodic Reviews
Each year several boards and commissions are reviewed at a work session. Prior to
Council’s review, each board or commission scheduled for review prepares a self-
assessment questionnaire which will be provided to the Council as a part of its work
session materials.
The chair and vice chair (or designees) of each board being reviewed attend the work
session to answer questions. The purpose of the review is to determine whether (a) the
board should continue without alteration, or (b) direction to staff to prepare legislation
making any changes (number of members, duties, etc.).
Periodic Review Schedule
2015 Community and Neighborhood Livability
Affordable Housing Board
Commission on Disability
Community Development Block Grant Commission
Landmark Preservation Commission
Senior Advisory Board, Women’s Commission
Zoning Board of Appeals
2016 Culture and Recreation, Transportation
Cultural Resources Board
Golf Board
Parks and Recreation Board
Youth Advisory Board
Transportation Board
2017 Economic Health, Safe Community
Art in Public Places Board
Building Review Board
Citizen Review Board
Economic Advisory Commission
Parking Advisory Board
Planning and Zoning Board
2018 Environmental Health, High Performing Government
Air Quality Advisory Board
Energy Board
Human Relations Commission
Land Conservation Stewardship Board
Natural Resources Advisory Board
Retirement Committee
Water Board
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
BOARDS AND COMMISSIONS
PERIODIC REVIEW QUESTIONNAIRE
BOARD/COMMISSION NAME:
DATE PREPARED:
LIST OF MEMBERS:
1. Chair 7.
2. Vice Chair 8.
3. 9.
4. 10.
5. 11.
6. 12.
1. Please indicate the Key Outcome Areas this Board/Commission is aligned with,
using (1) for the primary connection, (2) for second largest connection, and (3) for
third connection:
Community and Neighborhood Livability Culture and Recreation
Economic Health Environmental Health
High Performing Govt. Safe Community Transportation
2. How do the current duties of the board, as defined by City Code, align with the Key
Outcome Areas identified above? What duties would you suggest be added and/or
deleted?
3. Regarding the board’s annual Work Plan:
A. How is the Work Plan aligned with the Key Outcome(s) identified above?
B. How is the Work Plan aligned with the City’s Strategic Plan?
C. How is the Work Plan aligned with the Agenda Planning Calendar (Six Month
Calendar)?
D. Does the board effectively accomplish its annual Work Plan?
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
4. Are board meetings conducted in an effective manner (do the meetings start on
time? Are discussions focused around the agenda topic, etc.)? What could be
done to improve board meetings?
5. Is the current size of the board appropriate? If not, what suggestions would you
make?
6. Please describe the effectiveness of the communications between the board and
Council. What could be done to improve these communications?
7. Other comments:
10
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Appreciation Event
An annual appreciation reception is hosted by City Council to thank boardmembers for their
contributions to the City. Typically this event is held in the fall of the year. Boardmembers
who have met term limits are individually recognized. Boardmembers volunteer a
considerable amount of time, energy and expertise to the City. This is an informal event
which gives Council an opportunity to show appreciation to volunteer boardmembers.
Annual Recruitment
The City Clerk’s Office facilitates the recruitment and appointment process for filling
vacancies on boards and commissions. Advertising and recruitment runs from late August
through September of each year to fill term limit and current vacancies. Appointments to
the boards and commissions are made annually in December, with terms of new members
beginning on January 1.
Recruitment for the Youth Advisory Board runs from April to May of each year to coincide
with the school year schedule. Appointments to the Youth Advisory Board are made in
May, with terms of new members beginning on June 1.
The Clerk’s Office determines Council interview teams to include the Council liaison and
one other Councilmember. Every effort is made to balance the number of interviews
between Councilmembers. The Clerk’s Office provides Council with a summary list
including interview partners, number of applicants, and time needed to complete
interviews. The Clerk’s Office schedules all interviews after Council interview teams
confirm availability.
Throughout the year vacancies often occur due to resignations. If the pool of applications
on file from the last annual appointment process is not sufficient to fill interim vacancies,
the City Clerk's Office advertises for additional applicants.
Appointments are confirmed by Council Resolution.
Training for Boardmembers
All boardmembers are required to complete a training course which includes general
information about the City organization and the role of boards and commissions, as well
as legal issues for boardmembers. The training DVD is available online or copies can be
requested from the Clerk’s Office. The Clerk’s Office tracks the completion of training.
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
CITY COUNCIL LIAISON ASSIGNMENTS
In addition to Council liaison assignments to boards and commissions, Councilmembers
are assigned to various committee and liaison assignments by Council resolution.
Resolution 1991-100 provides that the appointments of Council liaisons, committee
members, and representatives are to be made at the regular meeting following the Council
reorganization meeting in election years. Interim appointments are made as necessary.
Boards and Commissions
A Councilmember is assigned as a non-voting liaison to each City board or commission
and is teamed with another Councilmember to screen and interview applicants for board
and commission vacancies. The interview team makes recommendations to Council for
appointments. Councilmembers interview approximately 100 applicants for an estimated
60 vacancies each year.
Councilmembers are assigned as liaisons to each of the following boards and commissions
which are wholly or partially appointed by Council:
• Affordable Housing Board
• Air Quality Advisory Board
• Art in Public Places Board
• Building Review Board
• Community Development Block Grant Commission
• Citizen Review Board
• Commission on Disability
• Cultural Resources Board
• Economic Advisory Commission
• Energy Board
• Golf Board
• Human Relations Commission
• Land Conservation and Stewardship Board
• Landmark Preservation Commission
• Natural Resources Advisory Board
• Parking Advisory Board
• Parks and Recreation Board
• Planning and Zoning Board
• Retirement Committee
• Senior Advisory Board
• Transportation Board
• Water Board
• Women’s Commission
• Youth Advisory Board
• Zoning Board of Appeals
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These authorities, which differ from boards and commissions, have varying degrees of
autonomy. They are created by the Council under the authority of the State Statutes. A
Councilmember usually serves as a voting member of the Downtown Development and the
Housing Authority.
The number in parentheses after each indicates the number of Councilmembers serving
on the various committees, authorities and boards.
• Downtown Development Authority (1 + alternate)
• Housing Authority (1)
Note: the Municipal Judge serves as the Liquor Licensing Authority
Council Committees
City Council utilizes several committees to assist the Council in making policy decisions in
various areas of concern. Councilmembers currently serve on three Council committees.
• Ethics Review Board (3 + 1 alternate)
• Finance Committee (3)
• Future’s Committee (3)
• Legislative Review Committee (3)
Other Assignments
Councilmembers may also be appointed or nominated to serve on external committees or
boards, which currently include:
• Northern Colorado Regional Airport Commission (1)
• Colorado Municipal League Policy Committee (1)
• Colorado State University Liaison Committee (2)
• Disaster Council/ Policy Coordinating Committee (Mayor)
• Forfeited Property Disposition Committee (Mayor or designee)
• Larimer County Open Lands Advisory Board (1)
• Library Trustee Selection Committee (2)
• North College Urban Renewal Plan Citizen Advisory Group (1 +alternate)
• North Front Range Metropolitan Planning Organization (MPO) (1 + alternate)
• Platte River Power Authority Board of Directors (Mayor or Designee)
• Poudre Fire Authority Board of Directors (2)
• Poudre Heritage Alliance (1)
• Poudre School District Liaison Committee (2)
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OVERBECK
MARTINEZ
CAMPANA
STEPHENS
CUNNIFF
HORAK
TROXELL
Affordable Housing Board (1)
Resolution 2015-0XX
Air Quality Advisory Board (1)
Resolution 2015-0XX
Art in Public Places Board (1)
Resolution 2015-0XX
Building Review Board (1)
Resolution 2015-0XX
Citizen Review Board (1)
Resolution 2015-0XX
Commission on Disability (1)
Resolution 2015-0XX
Community Development Block
Grant (CDBG) Commission (1)
Resolution 2015-0XX
Cultural Resources Board (1)
Resolution 2015-0XX
Economic Advisory Commission (1)
Resolution 2015-0XX
Energy Board (1)
Resolution 2015-0XX
Golf Board (1)
Resolution 2015-0XX
Human Relations Commission (1)
Resolution 2015-0XX
Land Conservation & Stewardship
Board (1)
Resolution 2015-0XX
Landmark Preservation Commission (1)
Resolution 2015-0XX
Natural Resources Advisory Board (1)
Resolution 2015-0XX
Parking Advisory Board (1)
Resolution 2015-0XX
2015-2017
COUNCIL BOARDS AND COMMISSIONS
LIAISON ASSIGNMENTS
BLANK PLANNING GRID
ASSIGNMENT
LEGISLATIVE
APPOINTMENT
REFERENCE
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OVERBECK
MARTINEZ
CAMPANA
STEPHENS
CUNNIFF
HORAK
TROXELL
LEGISLATIVE
APPOINTMENT
REFERENCE
Parks and Recreation Board (1)
Resolution 2015-0XX
Planning and Zoning Board (1)
Resolution 2015-0XX
Retirement Committee (1)
Resolution 2015-0XX
Senior Advisory Board (1)
Resolution 2015-0XX
Transportation Board (1)
Resolution 2015-0XX
Water Board (1)
Resolution 2015-0XX
Women’s Commission (1)
Resolution 2015-0XX
Youth Advisory Board (1)
Resolution 2015-0XX
Zoning Board of Appeals (1)
Resolution 2015-0XX
COUNCIL COMMITTEE ASSIGNMENTS
Ethics Review Board (3 + A)
Resolution 2015-0XX
Finance Committee (3)
Resolution 2015-0XX
Futures Committee (3)
Resolution 2015-0XX
Legislative Review Board (3)
Resolution 2015-0XX
AUTHORITY ASSIGNMENTS
Downtown Development Authority (1 + A)
Resolution 2015-0XX
Housing Authority (1)
X Resolution 2014-020
2015-2017
COUNCIL BOARDS AND COMMISSIONS
LIAISON ASSIGNMENTS
ASSIGNMENT
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OTHER ORGANIZATION ASSIGNMENTS
ASSIGNMENT
OVERBECK
MARTINEZ
CAMPANA
STEPHENS
CUNNIFF
HORAK
TROXELL
LEGISLATIVE
APPOINTMENT
REFERENCE
Colorado Municipal League (CML) Policy
Committee (1 + CM)
X Resolution 2014-074
Colorado State University Liaison
Committee (2)
Resolution 2015-0XX
Disaster Council (Mayor) Resolution 2015-0XX
Forfeited Property Disposition Committee
(Mayor or designee)
Resolution 2015-0XX
Larimer County Open Lands Advisory Board Resolution 2015-0XX
Library Trustee Selection Committee Resolution 2015-0XX
North College Urban Renewal Plan Citizen
Advisory Group
Resolution 2015-0XX
North Front Range Metropolitan Planning
Council (MPO)
Resolution 2015-0XX
Northern Colorado Airport Commission Resolution 2015-0XX
Platte River Power Authority (Mayor or
designee, City Representative
X Resolution 2012-111
Poudre Fire Authority Board of Directors Resolution 2015-0XX
Poudre Heritage Alliance Resolution 2015-0XX
Poudre School District Liaison Committee Resolution 2015-0XX
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Assignment
OVERBECK
POPPAW
CAMPANA
TROXELL
CUNNIFF
HORAK
WEITTKUNAT
Legislative
Appointment
Reference
Affordable Housing Board (1)
X
Resolution 2013-039
Air Quality Advisory Board (1)
X
Resolution 2013-039
Art in Public Places Board (1)
X
Resolution 2013-039
Building Review Board (1)
X
Resolution 2013-039
Citizen Review Board (1)
X
Resolution 2013-039
Commission on Disability (1)
X
Resolution 2013-039
Community Development Block
Grant (CDBG) Commission (1)
X
Resolution 2013-039
Cultural Resources Board (1)
X
Resolution 2013-039
Economic Advisory Commission (1)
X
Resolution 2013-039
Energy Board (1)
X
Resolution 2013-039
Golf Board (1)
X
Resolution 2013-039
Human Relations Commission (1)
X
Resolution 2013-039
Land Conservation & Stewardship
Board (1)
X
Resolution 2013-039
Landmark Preservation Commission (1)
X
Resolution 2013-039
Natural Resources Advisory Board (1)
X
Resolution 2013-039
Parking Advisory Board (1)
X
2013-2015
COUNCIL BOARDS AND COMMISSIONS
LIAISON ASSIGNMENTS AND COUNCIL COMMITTEE ASSIGNMENTS
Assignment
OVERBECK
POPPAW
CAMPANA
TROXELL
CUNNIFF
HORAK
WEITTKUNAT
Legislative
Appointment
Reference
Senior Advisory Board (1)
X
Resolution 2013-039
Transportation Board (1)
X
Resolution 2013-039
Water Board (1)
X
Resolution 2013-039
Women’s Commission (1)
X
Resolution 2013-039
Youth Advisory Board (1)
X
Resolution 2013-039
Zoning Board of Appeals (1)
X
Resolution 2013-039
COUNCIL COMMITTEE ASSIGNMENTS
Ethics Review Board (3 + A)
X X X X
Resolution 2013-039
Finance Committee (3)
X X X
Resolution 2013-039
Futures Committee (3)
X X X
Resolution 2013-039
Legislative Review Board (3)
X X X
Resolution 2013-039
AUTHORITY ASSIGNMENTS
Downtown Development Authority (1 + A)
X A
Resolution 2013-039
Housing Authority (1)
X
Resolution 2013-039
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2013-2015
COUNCIL BOARDS AND COMMISSIONS
LIAISON ASSIGNMENTS AND COUNCIL COMMITTEE ASSIGNMENTS
OTHER ORGANIZATION ASSIGNMENTS
OVERBECK
POPPAW
CAMPANA
TROXELL
CUNNIFF
HORAK
WEITKUNAT
Colorado Municipal League (CML) Policy
Committee (1 + CM)
X
Colorado State University Liaison
Committee (2)
X X
Disaster Council (Mayor) X
Forfeited Property Disposition Committee
(Mayor or designee)
X
Larimer County Open Lands Advisory Board X
Library Trustee Selection Committee X X
North College Urban Renewal Plan Citizen
Advisory Group
X
North Front Range Metropolitan Planning
Council (MPO)
X X
Platte River Power Authority (Mayor or
designee, City Representative
X X
Poudre Fire Authority Board of Directors X X
Poudre Heritage Alliance X
Poudre School District Liaison Committee X X
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BOARDS AND COMMISSIONS FUNCTIONS
Affordable Housing Board
The Affordable Housing Board advises the City Council on matters pertaining to affordable housing issues
of concern to the City. The City has established several programs designed to stimulate the construction
of additional affordable housing units and retention of existing housing units in the community. These
programs include development review priority processing, impact fee collection delay and sales tax
rebates.
Air Quality Advisory Board
The Air Quality Advisory Board advises the City Council regarding policies, plans and programs to improve
and maintain the city's air quality. The Board may, without limitation, biennially review air quality indicators;
review and recommend revisions as needed to the Air Quality Plan, and to any other City Plans that may
have significant impacts on air quality; and advise the Governor-designated lead agency for air quality
planning on matters pertaining to the Fort Collins element of the State Implementation Plan. The Board
may also convene ad hoc citizen task groups to provide additional technical expertise to the Board for the
planning of specific strategies The Board coordinates its work with the Transportation Board, Natural
Resources Advisory Board and the Planning and Zoning Board.
Art in Public Places Board
The Art in Public Places Board advises and makes recommendations to the City Council regarding
incorporation of works of art into construction projects; advises and makes recommendations to the City
Council regarding the acceptance of offers to donate art to be placed in public areas; and advises and
makes recommendations to the Executive Director of Culture, Parks Recreation and Environment
Services Unit and the City Council as to rules, regulations, guidelines, policy, administrative and
budgetary matters pertaining to the Art in Public Places Program.
Building Review Board
The Building Review Board is charged with the responsibility to hear appeals and requests for variances
related to the Fort Collins building codes and contractor licensing regulations. The BRB hearing provides a
formal recourse to building permit and contractor license applicants who disagree with an interpretation or
ruling by the Fort Collins Building Official. The BRB is authorized to rule in favor of the applicant and to
approve alternative building methods and materials that are not specifically prescribed in the building
codes. This board may also revoke or suspend a contractor license when it determines that a licensee has
violated the building codes or licensing rules. In an advisory capacity, the BRB makes recommendations
to City Council concerning the revision of existing codes or the adoption of new building codes and
contractor regulations.
Citizen Review Board
At the request of the City Manager or the Chief of Police the Citizen Review Board makes
recommendations concerning interpretation of police policies and procedures. The Board reviews internal
investigations where a peace officer is alleged to have used force, discharged a firearm, committed a
crime, when a person sustained severe injury, death, or alleged their civil rights were violated by a peace
officer, or other investigations requested by the City Manager or Police Chief. Use of deadly force would
be a mandatory review by the Board even if no complaint is filed. The Citizen Review Board also offers
reviews for outside law enforcement agencies operated within the City and makes annual reports to the
City Council and City Manager concerning activities and recommendations of the Board.
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Commission on Disability
The Commission on Disability serves as an advisor to the City of Fort Collins City Council on issues
relating to citizens with disabilities. In its role as an advocate for citizens with disabilities, the Commission
on Disability: develops educational programs to acquaint citizens with issues affecting individuals with
disabilities; forms special committees to review and address particular issues; works together with other
boards and commissions and the City Council to provide recommendations to assure compliance with
Section 504 of the Rehabilitation Act of 1973, the 1990 Americans with Disability Act (ADA), the Fair
Housing Act and other legislation relating to persons with disabilities; and serves as ombudsman between
City departments, the private business sector and the community of citizens who have disabilities.
Community Development Block Grant (CDBG) Commission
The CDBG Commission advises the City Council on matters pertaining to the City’s Competitive Process
which includes Department of Housing and Urban Development's (HUD) Community Development Block
Grant Program (CDBG) and HOME Programs and the City’s Affordable Housing Fund. HUD provides
Federal grant funds to the City to meet affordable housing and community development needs of low and
moderate income people. The City receives about $1.5 million from HUD and $500,000 from the General
Fund annually and program funds are typically used for land acquisition, rehabilitation, public facilities and
public services.
Cultural Resources Board
The Cultural Resources Board’s primary function is to advise City Council on issues relating to the Lincoln
Center and the Fort Collins Museum. In addition, the Board reviews applications and makes
recommendations for funding from the City of Fort Collins’ Cultural Development and Programming
Account and Tourism Programming Account (Fort Fund).
Economic Advisory Commission
The duties and functions of the Commission shall be:
(1) To advise the City Council on matters pertaining to the economic health and sustainability
of the city, including, but not limited to, (a) events and trends occurring outside the Fort
Collins community that may affect the local economy; (b) immediate and long-term threats
to the local economy; (c) ways in which to enhance the City's competitive position in
relation to other communities; and (d) possible partnerships with other public and private
entities;
(2) To recommend programs and strategies that may enhance the economic health and
sustainability of the city;
(3) To be aware of and coordinate with other City boards and commissions whose actions
may affect the economic health and sustainability of the City;
(4) To advise Council on existing or proposed policies, practices or regulations of the City
that may affect the local economy; and
(5) To perform other such duties and functions as provided by the City Council.
Energy Board
The City of Fort Collins Electric Board advises the City Council on policy matters pertaining to the
municipal electric system. The Board acts as the final appeal and hearing body for customer complaints,
except as is otherwise provided in Chapter 26, Article XII of the City Code regarding termination of utility
service. It acts as a sounding board to staff for the purpose of identifying the ratepayers’ service delivery
expectations and performs such other duties and functions and has such other powers as may be
provided by ordinance of the City Council.
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Golf Board
The Golf Board advises and makes recommendations to the Culture, Parks, Recreation and Environment
Services Unit Executive Director and the City Council as to rules, regulations, policies, administrative and
budgetary matters pertaining to the operation and maintenance of all City-owned golf courses. The Board
advises and makes recommendations to the Director concerning the terms and conditions of any
agreements to be entered into with golf professionals and other concessionaires in connection with
City-owned golf courses, as well as other agreements which may affect the management, operation,
maintenance, construction or acquisition of City-owned golf courses; assists in the procurement of goods
and services for City-owned golf courses, including the selection of golf professionals, concessionaires
and other contractors, as defined; and advises and makes recommendations to the City Manager
concerning approval of annual fees and charges at City-owned golf courses.
Human Relations Commission
The Human Relations Commission was established by City Council to promote the acceptance and
respect for diversity through educational programs and activities, and to discourage all forms of
discrimination based on race, religion, age, gender, disability, etc. The commission often coordinates
these efforts with such groups as the Multicultural Commission and the Women’s Commission. The
commission also oversees the activities of the Citizen Liaison Program, and presents the annual Human
Relations Awards to recognize those citizens who have advanced the cause of human rights through their
volunteer efforts.
Land Conservation and Stewardship Board
The duties and functions of the Board shall be as follows:
(1) To advise City Council regarding policy and budgetary matters pertaining to the Natural
Areas Program, including but not limited to the expenditure of Open Space, Yes! and
Larimer County Help Preserve Open Space dedicated sales tax revenues.
(2) To advise Natural Areas Program staff and the City Council in connection with the
proposed acquisition or disposition of land, interests in land, interests in water
and other interests in real property for the Natural Areas Program.
(3) To advise Natural Areas Program staff regarding the development of management plans
and public improvements for Natural Areas Program properties.
(4) Upon request of the City Manager or at the direction of the City Council, to advise City
Council regarding any positive or negative impacts that particular plans or projects of the
City or of other public or private entities may have on Natural Areas Program properties or
properties that may be of interest to the Natural Areas Program. This provision shall not
apply to development projects for which applications have been submitted to the City for
approval under the Land Use Code.
(5) Upon request of the City Manager or at the direction of the City Council, to advise City
Council in connection with the proposed acquisition or disposition of land, interests in
land, interests in water and other interests in real property for City programs other than
the Natural Areas Program.
Landmark Preservation Commission
The Commission shall perform all duties relating to preservation of historic landmarks as set out in
Chapter 14, including the designation of sites, structures, objects or districts as landmarks and the review
and approval or rejection of plans for the construction, alteration, demolition or relocation of any such site,
structure, object or district. Decisions of the Commission are final unless appealed to the City Council.
The Commission shall also perform the following additional functions:
(1) To promote awareness and understanding of, and appreciation for, the value of historic
resource preservation in contributing to the quality of life in the City, and actively
encourage property owners to voluntarily designate their properties as historic landmarks;
(2) To advise the City Council and City staff with regard to the identification and evaluation of
historic resources within the Growth Management Area and provide information regarding
the significance of the resources, the nature and degree of threat to their preservation, and
methods for their protection;
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(3) To advise the City Council and City staff with regard to appropriate policies, incentives
and regulations for encouraging and/or requiring preservation and rehabilitation of historic
resources;
(4) To coordinate with the various other City boards, commissions and City staff members
whose actions may affect the preservation of historic resources in the community; and
(5) To establish a committee of its members to provide advice and, if required under Section
2.10.2(H) of the Land Use Code, written recommendations to the owners of eligible
historic properties, and of properties located near eligible historic properties, regarding
historically appropriate design and site planning for additions, alterations, and new
construction in the City; provided, however, that any members of such committee who
provide such advice or recommendations to property owners under this provision shall
refrain from participating in any subsequent decisions of the Commission related to such
properties; and
(6) To perform such other duties and functions as may be provided by the City Council by
ordinance or resolution.
Natural Resources Advisory Board
The Natural Resources Advisory Board shall have the following functions: (1) to advise the City Council on
all matters pertaining to natural resources and environmental protection issues of concern to the city; (2) to
analyze various natural resources issues and to aid and guide the development of city-wide natural
resources programs to address currently existing and potential natural resources and environmental
issues; (3) to promote citizen participation and public education on city-wide natural resources and
environmental protection issues; (4) to be aware of and coordinate with the various Department of Natural
Resources' technical advisory committees; (5) to perform such other duties and functions and have such
other powers as provided by the City Council.
Parking Advisory Board
The Parking Advisory Board makes recommendations to the City Council regarding the implementation of
the City's parking policies and plans; provides an avenue for ongoing stakeholder input and involvement in
parking decisions that affect the public; supports and advocates for parking initiatives and programs; helps
educate the public about parking issues; works with other boards and commissions of the City or other
community organizations that have an interest in parking issues; and performs such other duties and
functions and have such other powers as provided by the City Council.
Parks and Recreation Board
The Parks and Recreation Board acts as an advisory board and advises and makes recommendations to
Culture, Parks, Recreation and Environment Services Unit and the City Council for their approval as to the
rules, regulations, policies and administrative and budgetary matters pertaining to Parks and Recreation,
excluding matters relating to the operation and maintenance of City-owned golf courses and cemeteries.
The Board assists the City in cooperating with the Poudre R-1 School District and other organizations and
individuals interested in the City's parks and recreation programs.
Planning and Zoning Board
The Planning and Zoning Board's responsibilities include making recommendations to the City Council
regarding zoning, annexations, major public and private projects and any long range planning activities
(such as City Plan or subarea plans) that require Council approval. The Board is also the final decision
making authority regarding land use proposals including overall development plans, project development
plans and any planned unit developments that remain from the City's previous land use regulations. In
addition, the Board coordinates with the Poudre R1 and Thompson school districts and the Larimer
County Planning Commission.
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Retirement Committee
The General Employees Retirement Committee’s charges are: manage/administer the Retirement Plan
for members and retirees and manage accumulated Retirement Fund money; determine the
eligibility/credited service of members under Plan rules; interpret the Plan’s provisions; and authorize
payment of retirement benefits and bills for expenses of Plan and Committee. The Committee sets the
policies and procedures for these responsibilities and directs staff personnel and actuarial consulting firm
to carry out the functions. The Committee also: seeks information and advice to benefit the Plan and
members; recommends Plan changes to City Council for approval; recommends to City Council
enhancements to the Plan’s provisions and benefits; educates Committee’s and Plan’s members; keeps
abreast of legislation that could affect the Plan; keeps the members informed of their current/projected
benefits; encourages Plan members to accumulate other sources of retirement income; and provides
minutes of each meeting and files documents as required.
Senior Advisory Board
The Senior Advisory Board is comprised of individuals of all ages who share a concern for the aging
members of our community. The primary objective is to help aging citizens in Fort Collins and the
surrounding area live full and interesting lives so that they might continue to contribute, participate and
share in the life of the community. The Board assumes responsibility for involvement in a network of
senior agencies and organizations so that they can remain aware of issues, needs and occurrences that
may be relevant to their work. Their primary concern is to provide education in this community about the
aging process, to inform and be informed, to advocate for a good quality of life, and to encourage
networking among the various groups who deal with senior issues.
Transportation Board
The Senior Advisory Board is comprised of individuals of all ages who share a concern for the aging
members of our community. The primary objective is to help aging citizens in Fort Collins and the
surrounding area live full and interesting lives so that they might continue to contribute, participate and
share in the life of the community. The Board assumes responsibility for involvement in a network of
senior agencies and organizations so that they can remain aware of issues, needs and occurrences that
may be relevant to their work. Their primary concern is to provide education in this community about the
aging process, to inform and be informed, to advocate for a good quality of life, and to encourage
networking among the various groups who deal with senior issues.
Water Board
The City of Fort Collins Water Board advises the City Council regarding water, wastewater and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and public
education, floodplain regulations, storm drainage and development design criteria. The Board reviews
and makes recommendations on Water, Wastewater and Stormwater Utilities budgets, fees, water quality
and local, state and federal water legislation. At times, the Board acts as a quasi-judicial body on
floodplain regulation variances. It cooperates with regional entities to coordinate planning and maintain a
dialogue on regional water issues. The Board is also involved in master planning and provides advice and
citizen input regarding proposed policies and actions affecting Utilities customers.
Women’s Commission
The Commission is created for the purpose of enhancing the status of and opportunities for all women in
the City. The Commission shall have the ability to:
(1) Document issues of importance to the status of women in the City;
(2) Conduct educational programs in the Fort Collins community to increase public
awareness and sensitivity to the needs and capabilities of all women;
(3) Cooperate with other organizations and individuals interested in issues affecting women in
the Fort Collins area;
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(4) Review proposed legislation, policy changes or other governmental action at the federal,
state or local level that would enhance or otherwise affect the status of women in the City
and make recommendations to the City Council regarding the same.
(5) Recommend to the City Council the adoption of local legislation or policies that would
enhance the status of women in the City.
Youth Advisory Board
The Youth Advisory Board gathers information from local youth, other groups, organizations and agencies
regarding youth-oriented issues and makes recommendations to City Council in reference to these issues.
Zoning Board of Appeals
The Zoning Board of appeals has the authority to approve variances from the requirements of the Land
Use Code and to hear and decide appeals from any decision made by an administrative official pertaining
to a specific property. The Board may grant variances when the members determine that there is some
unusual feature of a property or some other exceptional situation unique to a property which creates an
unfair burden to the applicant. Such features may include physical conditions like exceptional narrowness,
shallowness, or topography. Additionally, the Board may grant a variance upon finding that the proposal
will promote the general purpose of the standard for which the variance is requested equally well or better
than would a proposal which complies with the standard for which the variance is requested. No variance
can be granted which is determined to be a substantial detriment to the public good.
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COUNCIL COMMITTEE FUNCTIONS AND MEMBERSHIP
COLORADO MUNICIPAL LEAGUE (CML) EXECUTIVE BOARD
The Colorado Municipal League is an influential voice for municipal interests on state and federal policies
affecting municipalities and is also an important source of information for municipal officials in serving their
communities. The Executive Board is responsible for overall finances, management and policy affairs of
the League.
Membership: Membership is by election (currently the City of Fort Collins does not
have a representative on the Executive Board)
Meetings: Meetings set annually in December
COLORADO MUNICIPAL LEAGUE (CML) POLICY COMMITTEE
The Colorado Municipal League is an influential voice for municipal interests on state and federal policies
affecting municipalities and is also an important source of information for municipal officials in serving their
communities. The Policy Committee is responsible for reviewing legislative proposals and recommending
to the League Executive Board, positions of support, opposition, no position or amendment to a wide
variety of legislation affecting cities and towns.
Membership: 2 City of Fort Collins representatives (Currently 1 Councilmember and
City Manager)
Meetings: Quarterly (TBA)
COLORADO STATE UNIVERSITY LIAISON COMMITTEE
Created to discuss and address matters of mutual interest (including land use, utility and transportation
services, the enforcement of municipal ordinances, human rights) to the City and CSU.
Membership: 2 Councilmembers, the City Manager and such administrative staff as the
City Manager may deem appropriate; the President of CSU; the President
of ASCSU; the Vice-President for Administrative Services; the Vice-
President for University Advancement; and the Directory of Campus
Housing and Food Services.
Meetings: Quarterly (2:00 p.m.)
DISASTER COUNCIL – Emergency Operations Plan
Monitors implementation of the City Emergency Operations Plan and assists cooperating agencies during
all phases of an emergency/disaster.
Membership: Mayor, City Manager, Deputy City Manager, Emergency Management
Coordinator, City Clerk, City Attorney, Chief of Police, Fire Chief,
Directors of Administrative Services, CLRS, Transportation Services,
CPES, Utility Services and Risk Management.
Meetings: On an as needed basis
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DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS
The authority shall be a body corporate with all the purposes and powers authorized by Title 31, Article 25,
Part 8, C.R.S., and all additional and supplemental powers necessary or convenient to carry out and
effectuate the purposes and provisions of said statues.
Membership: 11 members, 9 of which are either residents, landowners or tenants
within the boundaries of the authority; 1 which is a member of the Board
of Larimer County Commissioners;1 which is a City Councilmember; and
1 Alternate Councilmember.
Meetings: Monthly (2nd Thursday, 7:30 a.m.)
ETHICS REVIEW BOARD
Created to assist Councilmembers and board and commission members in interpreting and applying the
definition, rules and procedures pertaining to ethics established by the Charter and Code and by the
applicable provisions of state statute.
Membership: 3 Councilmembers plus one alternate.
Meetings: Scheduled as needed
FORFEITED PROPERTY DISPOSITION COMMITTEE – Resolution 92-122
Mandated by Colorado General Assembly Senate Bill 92-204 forfeited property seized by Police Services
may not be used or expended without approval of a committee.
Membership: Mayor or designee
Meetings: On an as needed basis
FINANCE COMMITTEE
Established to consider financial policy issues facing the City and to make recommendations regarding
those issues to the City council.
Membership: 3 Councilmembers.
Meetings: Typically 1st and 3rd Mondays each month (10:30 a.m.)
FUTURES COMMITTEE
Formed to assist the City Council in their decision making process. The goal is to develop a vision for the
future of Fort Collins over the next 30 years and beyond, utilizing economic, environmental and social
modeling.
Membership: 3 Councilmembers
Meetings: 2nd Monday each month (4 p.m.)
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HOUSING AUTHORITY
The Fort Collins Housing Authority secures public and private sector funds (federal, state, and local) to
develop, maintain, and implement assisted housing programs, operating within the corporate limits of Fort
Collins. Leadership, advocacy, and policies for governing and operations are vested in the Board of
Commissioners. Members of the Authority set the goals for assisted housing in Fort Collins. Through an
intergovernmental agreement the FCHA governs the housing programs for the Larimer County Housing
Authority.
Membership: Selected by City Council as provided by state statute; Council can serve
as ex-officio as the commissioners or
appoint 7 commissioners, one of whom may be a City official. The latter
is the current membership.
Meetings: Monthly (4th Thursday, 7:30 a.m.)
LARIMER COUNTY OPEN LANDS ADVISORY BOARD – Advisory board to the Larimer County
Commissioners
Created to make recommendations regarding the County’s share of the sales and use tax approved in the
November 1995 election earmarked for open space, natural areas, wildlife habitat, regional parks and
trails.
Membership: One elected official or appointee from the municipalities of Berthoud,
Estes Park, Fort Collins and Loveland; one member from the Larimer
County Planning Commission; and four citizens appointed at large.
Meetings: Monthly, 4th Thursday (5:00 p.m.)
LEGISLATIVE REVIEW COMMITTEE
Created to review and analyze proposed state and federal legislation which may affect the City’s interests,
express the previously established policy determinations of the Council as applied to such legislation and
refer back to the Council those issues and recommendations which are not governed by existing Council
policy.
Membership: 3 Councilmembers
Meetings: Monthly, 2nd Tuesday (4:00 p.m.)
LIBRARY TRUSTEE SELECTION COMMITTEE
The IGA between the City, the Library District and the County provides for a committee of two
Councilmembers and two County Commissioners to make recommendations for Library District Trustee
appointments. Selected Trustees must be approved by a two-thirds majority of the Council and of the
Commissioners.
Membership: 2 Councilmembers, 2 County Commissioners
Meetings: On an as needed basis
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
NORTH COLLEGE URBAN RENEWAL PLAN CITIZEN ADVISORY GROUP
Created to tailor implementation of the North College Urban Renewal Plan to the unique circumstances in
the area to render advise to the URA Board of Commissioners.
Membership: 1 or 2 members of City Council, 1 member from the Planning and Zoning
Board and strong representation from owners in the North College
Corridor area. (Currently 1 Councilmember and 1 alternate
Councilmember serve on this advisory group)
Meetings: Monthly, 1st Thursday (7:30 a.m.)
NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION (MPO)
Created to work together with other local governments in Larimer and Weld Counties to develop
transportation plans and policies that will assist in managing projected growth in a sound, cost-effective
manner.
Membership: Elected officials from the cities of Fort Collins and Greeley as well as
other governmental entities in the north front range area who voluntarily
decide to participate in this process. (Currently 1 Councilmember and 1
alternate Councilmember serve on this council).
Meetings: Monthly (1st Thursday, 5:30 p.m.)
NORTHERN COLORADO AIRPORT COMMISSION
The Airport is a joint venture between the Cities of Fort Collins Loveland. The Cities have adopted an
evolution from a Steering Committee to an Airport Commission. The Commission will increase
involvement of stakeholders, streamline decision-making and routine tasks.
Membership: The Commission will be composed of seven members. Two members
appointed by the Fort Collins City Council and two by the Loveland City
Council which members shall be Council members or employees; one
“Citizen Member” appointed by each City of Fort Collins; and one “Joint
Citizen Member” appointed by agreement of each City.
Meetings: TBD
PLATTE RIVER POWER AUTHORITY
Established a separate governmental entity to be used by the Municipalities (Fort Collins, Loveland,
Longmont and Estes Park) to effect the development of electric energy resources and the production and
transmission of electric energy in whole or in part for the benefit of inhabitants of the Municipalities.
Membership: Two members from each of the four member cities, with one being the
Mayor (or another member of the municipality’s governing board
designated by the Mayor) and the other to be another individual selected
by the municipality’s governing body for “judgment, experience, and
expertise which make him or her particularly qualified to serve as the
director of an electric utility.”
Meetings: Monthly, last Thursday (9:00 a.m. - 1:00 p.m.)
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
POUDRE FIRE AUTHORITY BOARD OF DIRECTORS – Intergovernmental Agreement (IGA), dated
November 3, 1987
IGA provides for the formation of an independent governmental entity for the purpose of providing fire
protection services within the respective territorial limits of the parties hereto.
Membership: The City shall appoint 2 members and the District shall appoint 2
members. The fifth member shall be appointed by the four other
members. This fifth member has typically been the Fort Collins City
Manager.
Meetings: Monthly, 4th Tuesday (9:00 a.m.)
POUDRE HERITAGE ALLIANCE
Created to comply with the Cache La Poudre River Corridor Act (enacted by Congress) to develop an
interpretive plan for the river corridor from the eastern boundary of Roosevelt National Forest to one-
quarter mile west of the confluence of the Cache La Poudre and South Platte Rivers.
Membership: 1 Councilmember, the City Manager and representatives of Weld and
Larimer County and the cities of Loveland and Greeley.
Meetings: Monthly, 2nd Wednesday (2:00 p.m.)
POUDRE SCHOOL DISTRICT LIAISON COMMITTEE
Created to achieve products and services of a higher quality than would be achieved by the City and the
Poudre School District working separately, and by so doing provide quality education and municipal
services for citizens of all ages at the lowest possible cost.
Membership: Superintendent of Poudre School District, 1 school board member,
Larimer County Manager, Chairperson of County Commissioners, City
Manager and 2 Councilmembers.
Meetings: Quarterly (7:30 a.m.)
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
RESOURCES
Boards and Commissions Website: www.fcgov.com/boards
Boards and Commissions Manual: www.fcgov.com/boards
Christine Macrina, Boards and Commissions Coordinator
City Clerk’s Office
416-2525
cmacrina@fcgov.com
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Resolution 2013-039
Parks and Recreation Board (1)
X
Resolution 2013-039
Planning and Zoning Board (1)
X
Resolution 2013-039
Retirement Committee (1)
X
Resolution 2013-039
2013-2015
COUNCIL BOARDS AND COMMISSIONS
LIAISON ASSIGNMENTS AND COUNCIL COMMITTEE ASSIGNMENTS
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Attachment3.2: Board and Commission information (3097 : B&C Assignments)
Commission
Community Development
Block Grant Commission
Golf Board Energy Board
Parking Advisory Board Golf Board
Planning and
Zoning Board
Water Board
Air Quality Advisory Board Senior Advisory Board
Cultural Resources Board
Land Conservation
Stewardship Board
Parks and
Recreation Board
■ Largest Connection
■ Secondary Connection
■ Third Largest Connection
Updated: November 2014
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Attachment3.1: Boards and Commissions Alignment to the Seven Outcome Areas (3097 : B&C