HomeMy WebLinkAboutRESPONSE - RFP - 7466 CABLE TV FRANCHISE RENEWAL CONSULTING SERVICES (2)5FMFDPNNVOJDBUJPOT3FTFBSDI$PSQ
810 NC Highway 61 Whitsett, NC 27377
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Constance Ledoux Book, Ph.D.
Connie Book
connie.ledoux@gmail.com
Telecommunications Research Corporation
Constance Ledoux Book, Ph.D.
810 NC Highway 61 South
Whitsett, NC 27377
336-209-0894
Proposal to Provide
Cable TV Franchise Renewal
Consulting Services
To the City of Fort Collins, Colorado
Proposal No. 7466
Submitted by:
Constance Ledoux Book, Ph.D.
Elon University
Telecommunications Research Corporation
and our Team Partners
Thomas Duchen, President
Robert Duchen, Vice President
River Oaks Communications Corporation
Thomas Robinson, President
Dick Nielsen, Senior Engineer
CBG Communications, Inc.
Lou Karrison, CPA
Certified Public Accountant
February 8, 2013
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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INTRODUCTION
Constance Book, Ph.D., and President of Telecommunications Research Corporation (“Dr.
Book”), and her Team Partners are pleased to present this Proposal to provide Cable TV Franchise
Renewal consulting services to the City of Fort Collins, Colorado (“City”). Dr. Book has
assembled an outstanding team incorporating a wide range of talent, expertise and experience to
successfully carry out the project tasks. Our Team Partners include Robert and Thomas Duchen
of River Oaks Communications Corporation (“River Oaks”), Tom Robinson and Dick Nielsen of
CBG Communications, Inc. (“CBG”) and Lou Karrison, CPA.
We understand that the City is seeking a consultant with a well-established background in the cable
communications field, and a broad knowledge of the cable television franchise renewal process and
cable-related community needs assessment, including customer satisfaction surveys and public
meetings, technical evaluation, past performance and franchise compliance review, franchise fee
audit, cable franchise renewal negotiations and agreement drafting. We further understand that the
City will need timely, clear and comprehensive input from its consultant in order to properly
position the City in the analysis, review, discussion and decision-making tasks related to this
project.
After reviewing our proposal, we hope that you will share the view that our experience,
innovative methodologies, expertise, enthusiasm and extensive similar work in Colorado
including Fort Collins, Larimer County, Denver, El Paso County, Estes Park, and numerous
other Colorado Cities and Counties, as well as throughout the country, qualify us to assist you.
During the past 26 years, River Oaks and other Team Partners have extensive experience in
working on behalf of Local Governments in the Cable Renewal Process where Comcast is the
Cable Operator. This blend of Local, Regional, Statewide and National Experience can be of
great value to the City of Fort Collins.
Sincerely,
Constance Ledoux Book, Ph.D.
President
Telecommunications Research Corporation
810 NC Highway 61 South
Whitsett, NC 27377
connie.ledoux@gmail.com
336-209-0894
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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PROJECT STRATEGY AND WORK PLAN
Dr. Book and her Team Partners are well versed in providing the Cable TV Franchise Renewal
consulting services required by the City. Detailed below are the tasks that will be performed to
ensure that the City’s needs are met in this franchise renewal.
SCOPE OF WORK
Task #1. Review the City’s plan for the review process; work with staff to modify the
plan as appropriate.
Extensive detail, including innovative and creative approaches and methodologies, concerning
each project task can be found below. First, regarding establishing a detailed project plan and
strategies for implementing the plan, the following would occur:
a. Hold a “kick-off” meeting with selected leadership personnel to discuss the
project process, organizational concerns, issues and general goals of the process.
i. Overview of franchise renewal process
ii. Discuss organizational concerns and issues
iii. Identify goals of process
iv. Discuss timetable for process
v. Understanding of applicable laws, rules and regulations
b. Develop proposed plan with direction of project, emerging priorities of project
and areas of direct study.
c. Agree at Project Team level on direction of project, tasks, and timetable.
Task #2. Assist City staff with various review activities, including a community needs
assessment, customer satisfaction survey, and public meetings.
In January, 2004, Dr. Book prepared a Cable Television Community Needs & Interests
Assessment Survey Results Report which included an Executive Summary. This
institutional knowledge will be critical in the current evaluation and save time and
resources for the City.
Communities of Interest Identification
Dr. Book, with her Team Partners, would initially perform the following as part of the identification
and categorization of the City’s Communities of Interest:
Review Existing Information, Identify and Categorize Communities – River Oaks and CBG
would begin by meeting with City staff by telephone and in person, reviewing existing documents
and analyzing current information, in order to establish a baseline understanding of the City’s
Communities of Interest, so that all that are pertinent to the Project (those that have, or potentially
have, cable-related needs) can be identified and categorized such that the appropriate ascertainment
methodology is then used to determine their needs and interests. Examples of such information
would include:
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a. Demographic data for the City;
b. Descriptive documents about organizations that currently, traditionally or that could
have cable-related needs;
c. Existing organizational reports and/or position papers related to cable, video, PEG
Access and allied telecommunications subject areas;
d. Any applicable documents from Comcast pertaining to its current approach to the
needs of various Communities; and
e. Any other pertinent materials, documents, correspondence or minutes which are
germane to this process.
Based on our previous work in Fort Collins and around the country, we anticipate that targeted
Communities could include:
o City residents
o City agencies and staff
o Access Channel Program Providers and Producers
o Public schools
o Parochial and private schools
o Higher Education institutions and trade schools
o Libraries and museums
o Business and industrial organizations, including the Chamber of Commerce
o Non-Profits
o Ethnic and cultural organizations
o Hospitals, clinics, healthcare facilities and allied organizations
o Community centers
o Senior centers/organizations
o Public transportation agencies
o Other pertinent groups identified as a result of the ascertainment process
Once identified and categorized, Dr. Book and her Team Partners will work with the City to
determine any additional contact information for appropriate representatives that was not
discerned during the review process, and then schedule ascertainment activities as described
below.
Needs Assessment Information Gathering Methodologies
The most intensive part of the ascertainment process is the information gathering stage. Obtaining
clear and comprehensive input from all necessary representative constituencies is critical to the
success of the ascertainment effort and the validity and utility of the resulting information and
recommendations.
The majority of the input will be ascertained using the various tools that we would work with the
City to employ. These tools, as more fully described under various Task elements herein, include
written and web-based surveys, interviews, on-site reviews, public meetings and other assessment
methods.
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Residential Community Survey
Dr. Book, CBG and River Oaks will work as a highly effective expert team to perform and
analyze the written survey-based and/or Internet (web) survey-based ascertainment of cable-
related attitudes, opinions, needs and interests within the City. This will include all work from
sample development through survey instrument design to information gathering, results
tabulation, findings analysis and report generation. Specifically, the research team will perform
the following tasks:
1) Written Survey Sample Development – Dr. Book, River Oaks and CBG will first work with
the City to develop a random sample of City residential households. This can be developed from
the latest US Postal Service database, City water and sewer billing and connection lists, City real
estate assessment lists or other appropriate databases. Copying, printing, and sending and
receiving mailing costs will be the responsibility of the City (typically surveys are sent via first
class mail to reinforce their importance, but are received back by business mail permit or another
low cost means).
With approximately 140,000 residents in the City, and in order to ensure a valid survey response
for the City, we recommend that approximately 4,000 mailings be made, with 10% or more
surveys being returned (representing subscribers and non-subscribers). This will provide a
response rate of at least 400 with valid statistical data for the City as a whole and a margin of
error with plus or minus 5 points, giving a high degree of confidence in the findings for decision-
making and going forward with a franchise agreement.
Moreover, while many statisticians agree that mail surveys typically result in a 10% rate of
return, we have found that topics such as cable, broadband and telecommunications typically
generate more interest and have had rates of return in the 20% or higher range. That said, we
have been conservative and are using the 10% rate of return figure.
2) Survey Instrument Design – Dr. Book will work with the City to develop a survey
instrument that will provide statistically accurate data and will facilitate a thorough and
comprehensive analysis for the City.
Questions would focus on critical issues such as:
Overall satisfaction with Comcast’s service
Picture and audio quality
Satisfaction level with installation and service response times
Satisfaction level with a variety of telephone-based and other customer service issues
Satisfaction level with frequency of outages and degraded signals and the associated
repair response times
The need for recent and emerging cable television-based services, such as ITV
(interactive television) and additional digital services
Use of broadband (including types and applications)
Other issues determined through discussion with the City
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The written survey instrument would be up to 2 legal size pages in length (front and back), with
questions for both subscribers and non-subscribers and include up to four (4) open coded
questions, depending upon the final determination by the City. The web-survey discussed below
would be a companion instrument structured similarly to the written-based instrument.
A number of background questions will also be asked in the random survey to understand the
survey respondents in comparison to the demographics of Fort Collins as a whole. Questions
will be crafted such as the age of the respondent, the age of persons in the household, ethnicity,
household income, education level and gender. All of these items can be important in correlating
the results later in the analysis phase of the Project.
The survey instrument will be designed, such that most questions will allow for answers to be
recorded using a simple check box format. This typically provides for the highest degree of
accuracy in information gathering. As indicated above, in other cases, open-ended questions will
be asked to allow respondents to add their unique perspectives.
3) Survey Methodology – The survey will be mailed out using City envelopes and letterhead to
ensure the most robust possible response (more households will respond to an official invitation).
Respondents will be given two full weeks to respond. Responses will be received at the City,
copied and then set to Dr. Book for coding by her staff. Analysis will be performed on the resulting
data as described further below. Respondents are typically informed that individual responses are
held strictly confidential, with only group responses reported. All of the resulting data will be coded
and placed in data tables and provided to Dr. Book, River Oaks and CBG for analysis.
Town Hall Style Public Meetings
River Oaks and CBG will work with the City to establish and lead face-to-face and electronic (if
feasible) “town hall” style public meetings which will give the general citizens (both subscribers
and non-subscribers) another opportunity to participate in the information gathering process.
River Oaks and CBG will analyze the findings for inclusion in the Final Report. The topics
covered at the meetings will be designed to determine the cable, multimedia and broadband-
related attitudes, needs and interests of the randomly selected, invited and general attendees, and
will be similar to those in the surveys. These findings will then be incorporated into the overall
analysis.
We suggest three types of outreach efforts to ensure a diverse representation from the Fort
Collins area. Specifically, these are:
1. An invitation mailing to a random sample of households throughout the Fort Collins
franchise area. These randomly selected households will be directly invited to
participate in the town hall meeting, or file comments which can be built into the
analysis.
2. A second group of invitees can be selected from a list provided by the City that it
believes would be important to be given an opportunity to attend and provide input,
and have not provided input through any other methodology employed in the study.
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This could include, for example, neighborhood association presidents, civic leaders,
representatives from various community groups, etc.
3. The general population of the Fort Collins franchise area should be invited to attend
the town hall meeting. This would be accomplished through a variety of promotional
and advertising means using both traditional and new media tools. Such methods
would be used to promote awareness of the town hall meetings, educate, encourage
dialogue and advertise to the various Communities of Interest and the public at large.
At the outset, the various promotional elements will include:
o Public Service Announcements (PSAs) – River Oaks and CBG will work with
City staff to develop public service announcements that will provide outreach to
the community-at-large about the town hall public meeting. The PSAs for the
community-at-large would be designed so that they could be cross-promoted on
Access channels as well as run-of-schedule on commercial channels.
o Web Announcements – Similar to the PSA information designed for the Access
and commercial channels, information about the town hall meeting can be
provided over the City website and various organizations.
o Newsletters – To the extent that organizational Communities of Interest publish
newsletters, promotional materials can be placed in the newsletters to focus on the
town hall meeting for participation by that particular Community of Interest, or to
the general community-at-large, as applicable.
o News Releases – A news release about the town hall meeting, including date,
time and location of meeting will also be developed and sent to both commercial
and non-profit media outlets for publication.
o Social Networking Site Use – Dr. Book will work with the City to evaluate the
use of social media networks such as Facebook and Twitter to provide both
outreach concerning the town hall meeting as well as opportunities for providing
input about cable service both during the town hall meeting, as well as throughout
the process.
All of the information obtained from the town hall meeting will be documented and incorporated
into the overall Needs Assessment analysis and report.
Task #3. Prepare a written plan for the renewal process, accompanied by a timeline.
River Oaks and CBG will work closely with the City to develop a written plan for the renewal
process accompanied by a timeline. The following is a proposed plan which will be tailored to meet
the City’s needs and interests.
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With respect to identifying the Future Cable-Related Community Needs and Interests of the City,
Dr. Books, River Oaks and CBG will perform various facets of a Cable Television Community
Needs Assessment as follows:
Gather information from Key Stakeholders.
Prepare Survey instruments and survey City Departments, Poudre Valley and any other
relevant School Districts, K-12 Schools, CSU, Front Range Community College, the
Library and other Key Stakeholders and analyze/tabulate Survey responses.
Prepare a Residential Subscriber/Non-Subscriber Survey. This would be in the form of a
written mail-out Survey and/or Web Survey, depending upon the degree of statistical
validity desired by the City.
Hold Focus Groups and Workshops for Key Stakeholders such as the City, Schools and
Library.
Conduct Public Meetings for the Residential Community to further participate in the
franchise renewal process.
Address Public, Educational and Governmental (“PEG”) Access Channels, equipment,
facilities and funding requirements, if requested by the City.
With respect to the 2006 Cable TV Franchise Agreement, the Team will perform a Past
Performance Review:
Review existing Franchise for compliance issues.
Develop a list of goals/objectives for the new Franchise.
Address Customer Service related issues and complaints as a follow-on to the City’s
Customer Service Standards.
Lou Karrison will perform a one year Agreed-Upon Procedures Review of Comcast’s franchise fees
and PEG fees:
Work with the City to review the findings of the CPA.
Have Mr. Karrison send a final report to the City and Comcast.
CBG will perform a technical evaluation of the cable system to include:
Determine the cable system’s capabilities to provide advanced broadband services.
Advise the City as to what other comparable cable systems are providing to their
subscribers.
Prepare and deliver a report to the City regarding the technical capabilities and condition of
the cable system.
CBG could also perform a supplemental I-Net evaluation upon request of the City which is in
addition to Tasks #1 through #9 to include:
Determine if Comcast has fulfilled its I-Net obligations under the Franchise.
Assess whether additional I-Net drops are needed within the City.
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Address any technical issues currently being experienced by qualified I-Net users.
Prepare and finalize an I-Net summary report for the City.
River Oaks will provide guidance to the City, the City Attorney and Mr. Fellman regarding
regulatory requirements at the federal and State level. River Oaks is nationally recognized by its
peers as an expert in cable television regulatory requirements.
Upon request of the City Attorney and Mr. Fellman, River Oaks will work on developing and
finalizing the new Franchise. This will include the following:
Provide expertise during the franchise renewal negotiations.
Develop strategic objectives with the City based on the Needs Assessment and Past
Performance Review results.
Provide information to the City on what cable operators (for example, Comcast and Time
Warner) have agreed to in other communities in Colorado and outside of the State.
Hold a preliminary meeting and conference calls with Comcast.
Work closely with the City Attorney and Mr. Fellman in Franchise drafting.
Hold further conference calls and meetings as necessary with Comcast and their attorneys.
Attend meetings to discuss the proposed franchise with City Staff, attend City Council Work
Sessions, City Council Hearings and public meetings
Finalize the new franchise and present same to the City Council.
The Team will advise and assist on any other cable franchise renewal-related matters.
Many of the above tasks can be performed concurrently. We anticipate that the bulk of the Tasks,
excluding the development, negotiation and finalization of the new franchise, can all be
accomplished during 2013. It is difficult to predict Comcast’s stance on numerous franchise issues
and, therefore, we anticipate franchise negotiations with Comcast extending beyond this year.
Task #4. Review existing Cable TV franchise agreement and current agreements with
other communities and suggest additional elements that the City might wish
to consider including in any new franchise agreement.
River Oaks will review the Cable Television Franchise Agreement between the City of Fort
Collins and Comcast of California/Colorado LLC from January, 2006. In working closely with
the City’s outside counsel, Ken Fellman, we will apprise the City of the current and
corresponding franchises from various cities throughout the country. River Oaks would perform
the following tasks and action steps in order to meet the objectives for the general franchise
agreement review:
Review and List Obligations – As part of the review of franchise compliance in the above Task,
we will review the franchise obligations as the currently exist and provide the City with potential
additions and enhancements for a renewed franchise agreement with Comcast. Again, these
franchise provisions may include:
Overall customer service requirements
PEG Access requirements
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I-Net requirements, as pertinent
Right-of-Way (ROW) occupancy requirements and conditions
Provision of cable drops and cable services for public buildings
Overall Franchise technical requirements
Availability of emergency override and emergency alert system capability
Reporting requirements
Level of insurance and provision of insurance certification
Bonding requirements
Provision of a local office
Required upgrades of the cable system and other services
Other provisions of the Franchise
Task #5. Attend and/or assist with negotiations with the Comcast Cable TV Company
as requested by the City. Provide a technical review and engineering expertise for an
evaluation of infrastructure, signal quality, system integrity, undergrounding, future
capabilities, etc.
After the Needs Assessment tasks are completed, CBG and River Oaks will provide assistance to
Ken Fellman (outside counsel), the City Attorney and his staff regarding their development of a
proposed franchise agreement with Comcast that will provide the City with all of the benefits
and legal protections to which it is entitled. CBG and River Oaks will assist the City in
including the results of the needs ascertainment project discussed throughout this proposal,
including provisions derived from the franchise fee review, technical review, compliance review
and community needs assessment. River Oaks will also provide the City Attorney with
suggested legal provisions that will maximize the benefits to the City, advance its interests and
meet its future cable-related needs.
River Oaks and Kissinger & Fellman have a long history of working effectively together.
River Oaks would welcome the opportunity to again work with Ken to provide whatever
assistance he may need or want on this project.
Throughout the course of our work, River Oaks has reviewed and drafted hundreds of Franchises,
Right-of-Way Agreements, Leases, Ordinances and other legal documents. Based upon this level of
experience, we are very familiar on a national basis as to what substantive and procedural language
needs to be included in order to best protect the interests of the City. We will gladly assist the City
Attorney and Mr. Fellman, upon request, regarding federal communications law as it pertains to the
new Franchise, the Municipal Code (Article I Cable Communications Systems Sec. 6-1, et seq.) and
City Charter (Article XI Section 1, et seq.).
Franchise Compliance and Consumer Complaints Review
Dr. Book, River Oaks and CBG would perform the following tasks and action steps in order to
meet the objectives for the general franchise agreement compliance review:
Review and Analyze Franchise, Verify and List Obligations and Chart for Evaluation –
River Oaks would list and review pertinent franchise requirements, review City records and
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Comcast reports, make inquiries of the operator and recommend inclusion of a host of franchise
provisions including:
Overall customer service requirements
PEG Access requirements
Right-of-Way (ROW) occupancy requirements and conditions
Provision of cable drops and cable services for public buildings
Overall Franchise technical requirements
Availability of emergency override and Emergency Alert System capability
Reporting requirements
Level of insurance and provision of insurance certification
Bonding requirements
Provision of a local office
Required upgrades of the cable system and other services
Other provisions of the Franchise
Review Consumer Complaints/Resolutions to Verify Compliance with Customer Service
Standards – River Oaks would obtain a list of complaints and identified resolutions from both
Comcast and the City, compare the records for consistency and further review them for
compliance with local and national customer service standards. Additionally, CBG would cross-
reference complaints/results of a technical nature with information gleaned from the technical
review as it is performed.
Prepare and Submit Report on Evaluation of Performance of Franchise Obligations and
Determination of Areas of Non-Compliance – Dr. Book and her Team will incorporate the
findings of the compliance review into our overall report. This report will include delineation of
any non-compliance where Comcast has failed to comply with the provisions of the existing
Franchise. In these cases, beyond identifying the non-compliance, River Oaks will recommend
procedures for notifying Comcast, suggest appropriate remedies requiring Comcast to cure
defects in performance and recommend procedures to help ensure compliance in the future,
including new Franchise and Cable Ordinance provisions as needed.
Task #6. Engineering firms must be licensed in the State of Colorado.
In January, 2004, Dick Nielsen, Senior Engineer of CBG, prepared a Review of the
Comcast Fort Collins Cable System Technical Characteristics. In the context of that
review, CBG analyzed a number of documents related to the system, including system
testing and certification information. This was a paper review because CBG was not
requested to make an on-site audit of the technical qualities of the cable system. The
findings and recommendations were based solely on the review of the documents and
written materials as well as the information sought and obtained in discussions with
Comcast personnel. CBG’s prior work for the City and institutional knowledge will prove
invaluable in saving resources for the City.
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The Technical Review will be performed by Mr. Nielsen and Mr. Robinson from CBG. CBG
believes that a multi-faceted approach is the best way to arrive at a comprehensive picture of the
technical aspects of the cable system serving the City. Specifically:
The Technical Review would encompass both a paper review and physical and electronic
evaluation, thus giving a comprehensive assessment of the system’s capabilities, physical
condition and technical performance.
CBG will begin by reviewing and evaluating the system to determine its strengths and
weaknesses by developing a Request for Information (RFI) seeking a written survey response
from Comcast and then engaging in discussions with its engineering and technical staff, in order
to gain a baseline understanding of, for example, the system’s current design, age, condition,
capacity, functionality, cascade length, homes per node, headend and any interconnects as well
as historical data showing outage numbers, causes and repair times. As part of the survey effort,
CBG will request and review as-built and other system maps to determine whether the system
has been built within specifications.
1) Safety Inspection of Physical Plant - CBG will utilize the information gleaned from the
above task and work with the City to plan and refine the overall technical evaluation process
including the sampling methodology to determine safety code compliance of the cable plant
including: the fiber optic and coaxial transmission systems, subscriber installations or drops and
the central control equipment in the headend and hub(s). The Safety Inspection of the system
will encompass a representative system drive-out and review of specific areas of concern to the
City to determine the over-all condition of the system from a safety, functionality and aesthetic
standpoint. CBG will determine the level of compliance with the Franchise, Comcast’s
procedures, the National Electrical Code (NEC) and the National Electrical Safety Code (NESC)
as well as good engineering practices.
Based on discussions with the City, CBG will perform a ride-out independently, with system
technical personnel or City staff, to look at physical plant characteristics. This inspection will
include the cable distribution plant comprised of the fiber optic, trunk and feeder systems, drops
to the subscribers’ residences and the headend and hub(s) that serve the City. The outside plant
inspection will include aerial plant inspection for issues such as clearance of the cable TV plant
from the ground and other utilities, and attachments at poles and buildings including the drops to
homes and businesses. Both underground and aerial plant will be inspected for proper grounding
and bonding of the cable TV distribution system and subscriber’s drops as well as other potential
problems or violations. The headend and any pertinent hub(s) will be inspected for proper
grounding and bonding, fire suppression system(s), back-up powering, status monitoring
equipment and Emergency Alert System (EAS) implementation as well as the overall age and
condition of equipment being utilized throughout the headend and hub(s).
CBG will work with the City to develop a list or spreadsheet of all addresses in the City and then
pick addresses based on this list. For example, if the address list has 40,000 addresses in the
City, we will inspect the plant and drop, where accessible, at every 200th address on the list for a
total of 200 locations. This will allow CBG to extrapolate, in a statistically valid manner, the
level of issues and concerns throughout the City. Further explained, if a grounding issue is found
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at 10 of the 200 locations (5%), we can multiply this out to be approximately 2,000 +/- 7
percentage points or +/- 140 grounding problems throughout the City (.05 x 40,000 = 2,000 +/-
140 = between 1,860 and 2,140).
CBG will develop a list of violations of safety codes and cite the code that applies to the
infraction. This list will become an Attachment to the final report with a discussion in the Report
detailing the overall level of compliance with pertinent codes.
2) Testing of Cable Plant and FCC Compliance Review - As part of the initial document
review, CBG will also examine recent Proof of Performance (POP) results to look at noise and
distortion characteristics as spelled out in the Federal Communications Commission’s (FCC)
Rules and Regulations, Part 76. This will include requirements for RF Carrier-to-Noise (C/N),
RF carrier-to-distortion (Carrier-to-Composite [CTO and CTB]) and signal levels, as well as
other specifications required by Part 76.
CBG will also work with Comcast to determine the level of compliance with §47CFR 76.640.
This is an often unknown or overlooked set of standards that has been in place for years whereby
cable TV operators must comply with specifications for digitally transmitted channels. The
Standard does not provide for a frequency of testing or documentation process, as is required of
the analog based specifications outlined above, but it does require the system to meet the
Standards. We will then work with Comcast’s personnel to include this testing in the “over the
shoulder” testing described below. This will provide CBG with a baseline understanding of
whether the system is performing within these parameters. CBG will also review the existing
Franchise and determine compliance with other technical requirements included in the Franchise.
In addition, CBG will review additional records related to the physical plant, including signal
leakage logs, outage logs, complaint logs, etc.
We will then perform on-site “over-the-shoulder” objective testing at the headend and in the field
at several representative test locations within the City. Based on a review of the POP
documentation, subscriber complaints and other technical data, a number of subscriber system
locations will tested that will include some of the locations tested by Comcast during its twice
annual FCC tests, as well as random test points. Over-the-shoulder testing means we oversee
testing being performed by Comcast’s staff while utilizing Comcast’s test equipment. This
allows us to evaluate whether proper test methodologies and equipment are being utilized by
Comcast and then alleviates potential disagreements concerning the results found during testing,
once the methodologies and equipment are certified as appropriate and accurate. In addition to
this testing, CBG will perform subjective viewing of subscriber system channels and Access
origination links for quality characteristics.
3) System Maintenance/Reliability – CBG will review both service call logs as well as outage
logs for the system to determine the level of problems within the system. CBG will then use this
background information during our site visit to further understand technical issues that may be
affecting subscribers. This will also include feedback that we may have gleaned from the
meetings with City staff. An example of this would be specific channels that are frequently
mentioned as being problematic.
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4) Ability to Offer Advanced Services – CBG understands that the City is seeking a consultant
who is capable of identifying, and has actually identified, state-of-the-art technologies/practices
that are available, and that have been applied by Comcast, and by other companies, which may
be of value to the City. Our experience, as demonstrated elsewhere herein, shows that we have
extensive knowledge and understanding of existing, commonly employed, advanced, near-term,
and future technologies/practices that cable companies, including Comcast, have successfully
employed and will employ in the future that will be of benefit to subscribers and the City.
Examples include:
Interactive systems and uses, including advanced high speed data-over-cable (broadband
cable modem) services, video-on-demand, interactive television (iTV) and other two-way
technologies.
High definition TV (HDTV) and 3DTV, including current activation level.
Both compressed and uncompressed video, for a variety of applications including
residential cable services, video conferencing, distance learning and access origination
(including a variety of digital transports such as IP, 8- and 10-bit digital, MPEG2, Serial
Digital, and others).
Emergency Alert Systems, including those that interface with the Federal EAS system
and those that provide local inputs from Emergency Operations Centers, mobile
command centers, etc.
CBG will compare current system characteristics with any future system development and
upgrade plans and needs. We will look at what is currently available (including current channels
in use, channel capacity, and planned expansion), plans for any near-term upgrades and
additions, and planned and required capabilities of a future system including the ability to
provide a wide range of existing and developing technologically advanced and interactive
services, including broadband. For services currently available on the system, we will evaluate
compliance with existing industry standards. We will further review issues related to system
reliability, including types of back-up and network monitoring systems, and any impacts related
to system reliability as they may affect both existing and planned services.
In each case, CBG will be able to make a realistic assessment of how these technologies are or
can be employed in the existing System as well as after any upgrades that may be planned or
would be implemented in the future.
5) Comprehensive Written Reports – CBG will develop a detailed report that indicates all
findings from the above evaluation processes and thoroughly assesses the current condition of
the system. Comparisons would be made between our onsite findings and the information
initially received from Comcast. We would then make appropriate recommendations, where
necessary to bring the system into technical compliance with pertinent rules and regulations, and
also develop recommendations regarding future system requirements. We will then work with
the City to take the technical review findings and turn them into realistic requirements,
objectives and strategies with respect to the franchise renewal process.
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New Technology and Trends:
Besides the examples related to emerging technology listed above, CBG will also look at how
emerging technology can benefit PEG Access. Specifically, CBG will first review all PEG
Access requirements under the existing franchises to determine a baseline of PEG Access
provisions related to existing requirements. Then, through its comprehensive PEG Access
evaluation and assessment using all the methods discussed below, we will determine what is
needed going forward for PEG Access to continue to evolve to provide the services needed by
the City and their constituencies. As part of this, CBG and other Team Partners will offer
guidance and recommendations on the administration of PEG Access channels and services
within the City, as well as existing and planned operations. This will include an evaluation of
current practices and what is needed in order for the City PEG services to evolve to be consistent
with future trends.
For example, as iTV may become more and more prevalent in both the cable communications
and on-line arenas, it will mean adapting PEG operations and services to be provided with
recognition of an active response component. This means migrating from “one-way” video
thinking. It also means, reviewing all the components in the production chain to make sure that
they will be able to evolve to work in a highly interactive, real-time, two-way environment.
Regarding administration, this means having the resources to develop and maintain interactive
services, including not only the technical and engineering resources, but also the application
development resources. To continue with the iTV example, for instance, pursuit of active
involvement in this environment would mean engaging the resources of a Java developer, since
the use of Java-based applications is currently integral to iTV service provision.
This is just one of many examples, where CBG and other Team Partners, through the analysis of
all the information obtained through the tools employed above, would be able to well advise the
City and all of its PEG Access constituencies on the directions they would need to take both now
and in the future, from both an administration and operations perspective, to keep pace with
future trends.
Since CBG has already done quality work for the City and is a technical firm, not an engineering
firm, and because it is one of the premier cable technical consultants in the country, the City does
not need to engage an engineering firm licensed in the State of Colorado for this Scope of Work.
Task #7. Provide a financial audit including, but not limited to, an evaluation of
franchise and PEG fees.
Lou Karrison, Managing Member of Karrison LLC, will conduct the Franchise Fee Review and
PEG Fee Review and work with Dr. Book on the incorporation of his findings into the overall
Report. Specifically, an important part of the ascertainment process is the franchise fee review.
Section 622 of the federal Cable Act, 47 U.S.C. § 542, authorizes municipalities to assess a
franchise fee on cable operators. A municipality may assess up to five percent (5%) of the cable
operator’s “gross revenues” from the operation of the cable system to provide cable services in
the municipality. The amount of franchise fee revenue paid to the municipality depends on the
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definition of “gross revenues” in the municipality’s cable franchise agreement (and/or cable
ordinance) and the legal interpretation of that definition.
A cable operator’s “gross revenues” for cable services includes numerous revenue sources that
the cable operator collects from cable customers (referred to as “subscribers”) and from other
entities. These revenue sources, consisting of approximately twenty (20) different items, include
both subscriber and non-subscriber revenue sources. The sources subject to the franchise fee for
any particular municipality depend on the definition of “gross revenues” contained in the
municipality’s cable franchise. The cable operator’s interpretation of the definition of “gross
revenues” is often limited in scope and therefore may be biased in favor of the cable operator.
Consequently, the municipality may not receive the full franchise fee revenue to which it is
entitled. This discrepancy may not be apparent until a franchise fee review has been performed.
Because cable operators work with large quantities of data corresponding to numerous
municipalities, it is not uncommon for them to make substantive or clerical errors. In addition,
cable systems are not constructed along municipal boundaries and cable operators are not as
familiar with the specific geographical boundaries of a municipality as are the municipal
officials. Finally, cable operators periodically change accounting methodologies or hire new
accounting staff and such changes often result in inaccurate or inconsistent revenue calculations.
Through a franchise fee review, any such mistakes on the part of the cable operator are identified
and corrected.
The following is the scope of services that Mr. Karrison would perform in a franchise fee audit
or agreed-upon procedure (the term “agreed-upon procedure” means that we will not be
performing an audit in accordance with generally accepted auditing standards) of Comcast for
the City of Fort Collins because such would be cost-prohibitive and is not necessary:
Preliminary Review and Preparation of Document Request
Because every municipality and every cable franchise agreement (or ordinance) is different, the
first step is to ascertain the City’s current legal position with respect to franchise fees. River
Oaks and Mr. Karrison will review the City’s existing Cable Franchise and Cable Ordinance and
any relevant amendments. We will review the operative definition of “gross revenues” and
identify applicable audit provisions and resulting penalties for underpayment of franchise fees.
We will also review recent franchise fee documents from the cable operator in the City’s
possession, including franchise fee verification reports (which typically accompany franchise fee
payments) and any relevant correspondence from the cable operator.
After reviewing these documents, we will prepare a detailed written request to Comcast for all
franchise fee information and documents relevant to the City and applicable to the franchise fee
review. In addition to primary franchise fee documents, including financial information related
to the cable operator’s calculation of franchise fees, the request will ask specific questions
regarding the methodologies employed by the cable operator in determining franchise fee
payments.
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After receiving the preliminary information from Comcast, we will most likely need to prepare a
written follow-up request to Comcast that seeks clarification regarding the initial information
provided and includes additional requests that typically arise based on that preliminary
information.
Franchise Fee Review
Once all the information and documents are received from Comcast for the one-year period
under review, Mr. Karrison will perform a franchise fee review that includes, but is not limited
to, the following activities:
1) Making a determination of all eligible revenue sources for the City based upon the
City’s definition of “gross revenues.”
2) Reviewing the cable operator’s supporting documentation for franchise fee revenue to
the City, including franchise fee verification reports and other revenue reports.
3) Identifying each revenue source that Comcast has included in the definitions of “gross
revenues” for the City and determining whether the cable operator is applying the
franchise fee to all eligible revenue sources for the time period under review. This
includes identifying any revenue sources to which the City is entitled, but which the
cable operator did not include in calculating “gross revenues”.
4) Ensuring that all eligible revenues recorded in the cable operator’s financial records
are accurately included in the franchise fee payments in accordance with the City’s
franchise agreement.
5) Reviewing certain special revenue sources, such as “trouble call” fees, video tier
downgrade fees, franchise fee-on-franchise fees, etc. to determine proper inclusion in
the determination of franchise fees for the time period under review.
6) Determining whether non-subscriber revenues such as leased access revenues have
been properly calculated and properly apportioned to the City.
7) Re-performing calculations of the cable operator for determining franchise fee
revenues for the period under review. These calculations include, but are not limited
to, figures underlying the amounts reported for each revenue source and calculations
on the specific items comprising general franchise fee categories such as
“miscellaneous revenues” and “installation revenues” (which include installation,
disconnection, reconnection, and relocation fees).
8) Ascertaining trends of various revenue categories to spot discrepancies or
inconsistencies in the reporting of revenues over time and making inquiries with the
cable operator to explain such discrepancies or inconsistencies.
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9) Determining whether there are any underpayments of franchise fees to the City, the
amount of the underpayment and whether any penalties in addition to the
underpayment apply in accordance with the City’s franchise agreements and/or
ordinances.
Franchise Fee and PEG Fee Report
Based upon the results of the franchise fee review discussed above, Mr. Karrison will prepare a
written report to the City that includes a discussion of the methodology of the franchise fee
review, a description of the work performed, the specific findings of the investigation and a
determination, if applicable, of franchise fee underpayments plus applicable penalties. The
report will also include recommendations for obtaining any franchise fees owed and/or for
improving franchise fee provisions and will be submitted to the City with supporting
documentation.
After the franchise fee report has been submitted to and reviewed by the appropriate City
officials, we will make ourselves available to answer any questions and formulate a strategy for
obtaining any retroactive franchise fee revenue to which the City may be entitled from Comcast
as well as determining the next steps necessary in moving forward to perform a review of prior
years.
Task #8. Provide guidance and assistance, as needed, regarding various regulatory
requirements at the Federal and state level.
River Oaks will assist the City in developing renewal procedures consistent with federal and local
laws. River Oaks will work with the City Attorney and Mr. Fellman to identify requirements of
federal and local laws that must be satisfied and any ordinance amendments required to enable the
franchise process to move forward smoothly. If requested by the City, we will prepare proposed
franchise provisions based on input received from the City and assist in the development of
negotiation strategy. Per direction from the City, we will conduct negotiations on an as-needed
basis with the City Attorney and Mr. Fellman. We will communicate regularly with the City project
team and, if requested, participate in communications with elected officials as recommended by the
team.
River Oaks is nationally regarded as an expert in the cable franchise renewal process. The
company has advised local governments throughout the country on the federal regulatory
requirements that pertain to Section 626 of the Cable Acts. River Oaks has had the
opportunity to work closely with the City (and Larimer County) in the cable franchise
renewal process and in the negotiations with Comcast. With regard to State law
requirements, River Oaks anticipates working closely with the City Attorney and Ken Fellman.
Expert legal input will be important throughout the Franchise Renewal Project. River Oaks will
assist in providing such input as part of our Team to support Mr. Fellman upon request.
Moreover, there are a number of tasks involved in the community needs assessment that will be
more effectively completed with a clear understanding of the legal and regulatory framework in
which we are operating. River Oaks worked closely with the City to perform needs
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assessment tasks during the prior franchise renewal negotiations. Collectively with the
City, we will develop a strategy and approach to perform those needs assessment tasks that
are integral to the franchise renewal negotiations and, at the same time, work diligently to
preserve resources for the City. Given our institutional knowledge and because River Oaks
has already worked closely with key stakeholders in the City, we anticipate that this will
result in cost savings for the City.
Equally as important is support from City staff to work closely with our Team in both the needs
assessment process and the franchise renewal negotiations. It is important to the local
government’s success that it conducts a thorough needs assessment and can demonstrate the
evidence in support of its determination of the cable related needs of the community. For
example, with respect to the tasks involved in the project, particularly those relating to
preparation of questions for surveys and focus groups, Dr. Book and River Oaks will provide
assistance in ensuring that we seek the kind of information that will put the City in a position to
demonstrate that its determination of community needs meets applicable legal and regulatory
standards.
Task #9. Attend various meetings and events to discuss aspects of the proposed
franchise agreement with the City Staff, City Council work sessions,
Council hearings, necessary public meetings, etc.
River Oaks is based in Centennial and Colorado Springs. As discussed above, residents and
other Communities of Interest will be invited to public meetings, which will provide another
opportunity for the public to participate in the needs assessment process. Dr. Book’s overall
report will be presented in a live presentation. The final report will incorporate input from City
Staff, residents and the identified Communities of Interest. The report will be thorough and
concise. It will provide a well-supported needs assessment foundation to be utilized effectively
in cable franchise renewal negotiations.
EXECUTIVE SUMMARY AND REPORT
In February, 2004, River Oaks compiled a Cable Television Needs Assessment Report for
the City. That detailed report included an Executive Summary. Given River Oaks’ prior
needs assessment work for the City, this will also save time and resources in the
preparation of a 2013 Report for the City.
Dr. Book and her Team will include all the component reports into an Executive Summary and
the Final Written Ascertainment Report. The Report will be prepared and submitted to the City
identifying the cable-related needs elicited from the assessment process. The Report will
incorporate input from City staff and the identified Communities of Interest and include a
description of methodologies employed and recommendations. Dr. Book and her Team will use
results from site visits, interviews, surveys, focus groups and other work to develop the
recommendations in its Report. Through research and analysis into all facets of this project, and
using the research tools previously described, the Report will focus on recommended franchise
renewal requirements and strategies to meet demonstrated needs. The Report will be thorough
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and concise. It will provide a needs ascertainment foundation to be utilized in cable franchise
renewal negotiations.
PROJECT TEAM
Dr. Book and her Team of Professionals can provide the services desired by the City in a cost-
effective and timely manner. Dr. Book and her Team Partners’ project work has entailed many
tasks, including cable television franchise renewals, needs assessments, technical reviews,
franchise fee reviews, PEG and I-Net review and development, assistance in negotiation and
drafting of franchise agreement provisions and other matters. We are very familiar with Fort
Collins, given our prior work for the City.
As indicated herein, working in conjunction with Dr. Book will be several highly-qualified Team
Partners. Dr. Book is a professor and researcher at Elon University and head of her own firm,
Telecommunications Research Corporation. Dr. Book will work closely with River Oaks and
CBG in connection with the community needs data gathering and analysis portion of this project.
Tom Duchen, President, and Bob Duchen, Vice President of River Oaks, will also work with Dr.
Book on all project tasks involving needs ascertainment. They will serve as Team Partners and
coordinate tasks with the City
Lou Karrison, CPA, will handle the agreed-upon procedures review.
Project Team Structure/Internal Controls
Overall project team leadership will be provided by Dr. Connie Book and River Oaks. Tom
Robinson, who resided in the Denver Area for many years and worked on projects with several
Colorado municipalities and heads CBG Communications’ Philadelphia office, will assist in the
development of public meetings and surveys, facilitate a number of the group sessions, past
performance and franchise fee review activities, work on the Communities of Interest
identification, present reports including findings and recommendations and work on and provide
overall guidance and support throughout the community needs assessment and other franchise
renewal project proceedings. Project support will be provided by Dick Nielsen of CBG
Communications’ Saint Paul office and Krystene Rivers, Research Associate, in the Philadelphia
office. Mr. Nielsen will also perform all technical review tasks. River Oaks and CBG will work
closely with the City and Dr. Book on the survey and data compilation portion of the community
needs assessment, analyze all the results of the ascertainment activities and help draft the report.
Lou Karrison will work on the franchise fee audit. With input from the entire Team, River Oaks
will assist the City Attorney and Mr. Fellman in Franchise Negotiations as well as assist in
supporting the City Attorney in drafting the Renewal Franchise Agreement.
As the overall Project Team Leader, Dr. Book will ensure that the team is properly structured
and all necessary internal controls are in place to ensure the successful performance of all the
project tasks in a manner that efficiently, comprehensively, and effectively meets the City’s
goals and objectives.
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Below is the project structure with identified staff and their assigned responsibilities for the
project.
Telecommunications Research Corporation
Constance Book, PhD
Dr. Constance Book, PhD, (PhD, University of Georgia), and President of Telecommunications
Research Corporation, is currently Associate Provost and professor of communications at Elon
University, in Greensboro, North Carolina. Dr. Book obtained undergraduate degrees in mass
communications from Louisiana State University and Northwestern State University. Her
doctoral studies focused on the municipal/cable relationship. She has worked extensively with
CBG Communications and River Oaks in needs and interest ascertainments in a number of
jurisdictions.
Dr. Book is a professor and researcher in the fields of cable, broadband, internet and
telecommunications. Her work included the first national assessment of municipal officials’
attitudes toward cable television oversight. She has conducted quantitative and qualitative
assessments of telecommunications and cable communications services in large, medium and small
markets across the United States.
As professor, she has been awarded several research grants for assessments related to cable
television service, has been recognized on several occasions for outstanding teaching, and her
students have won awards in national competitions sponsored by the Society of Professional
Journalists and the American Advertising Federation.
Dr. Book’s research has been recognized in several nationwide settings, including the National
Cable Television Association (NCTA), the National Association of Broadcasters (NAB), NATOA,
the Broadcast Education Association, and the Association for Educators in Journalism and Mass
Communication. Her work has been published in both academic and legal journals. Dr. Book was
awarded a competitive grant from the National Association of Broadcasters to conduct the first
living room test of high definition digital television. The results were presented at an NAB annual
conference.
Dr. Book has appeared on panels at the Federal Communications Commission, the NAB, NATOA
and regional Cable Television Associations. She is often invited to lecture and moderate
discussions on telecommunication and cable issues.
CBG Communications, Inc.
Thomas G. Robinson
Thomas G. Robinson is President of CBG Communications, Inc. and is based in the
Philadelphia, Pennsylvania office. Mr. Robinson has worked with local governments all across
the country on a variety of cable, telecommunications and ROW management projects,
including: needs assessments; technical reviews; institutional networks; infrastructure issues;
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Public, Educational and Governmental (PEG) access issues; wireless networking;
telecommunications planning and policy development; competitive communications system
reviews; cable television franchise renewals; ROW management regulations and ordinances,
regulatory agreements and other matters. He is a frequent speaker at telecommunications, local
government and technical conferences. Mr. Robinson has also written many columns for
Communications Engineering & Design (CED) magazine. CBG was the lead consultant for
the City and County of Denver in its Needs Assessment work.
Prior to joining CBG Communications, Mr. Robinson was, for seven years, Director of
Technology Development for River Oaks Communications Corporation, where he worked with
numerous Colorado local government clients on telecommunications and cable television
projects. Mr. Robinson also served for 10 years as Chief of the Cable Regulatory Division of the
Department of Consumer Affairs for Fairfax County, Virginia. While there, he was involved in a
host of activities related to oversight of one of the nation's largest cable systems. Prior to his
work in Fairfax, Mr. Robinson was with Magnavox CATV Systems, Inc. (now part of Arris),
where he worked first as a system designer and then in product management. While at
Magnavox, he helped develop and market new amplification systems and products that paved the
way toward today's high capacity cable systems.
Mr. Robinson began his career as an announcer, program director and operations engineer in
radio and television at several radio stations in the Baltimore/Washington area and at the public
broadcasting television and radio stations (WCNY-TV/FM) in Syracuse, New York.
He holds an M.S. in Telecommunications/Film from Syracuse University's S.I. Newhouse
School of Public Communications and a B.A. in Mass Communications from Towson University
where he graduated Summa Cum Laude.
Richard R. Nielsen
Dick Nielsen is based out of the Saint Paul, Minnesota office. Mr. Nielsen works as lead
technical staff for the firm. His work includes cable television system technical performance
audits; institutional network, broadband and telecommunications system design, application
development and performance review; video system transport design, application development
and performance review; production facility and equipment analysis; as well as review and
analysis of other technical issues.
Prior to Mr. Nielsen joining CBG Communications, he spent 19 years with AT&T Broadband
and its predecessor companies. The last four were spent as the Institutional Network Manager.
While managing he was involved in a wide range of activities, including maintenance of
institutional networks (“I-Net”) representing over 20 franchise areas and over 1000 miles of
coaxial, HFC and fiber optic plant, supervision of construction activities, designing new and
upgrading existing I-Nets, budgeting for new and updated I-Nets, and activation of fiber optic
nodes, power supplies, amplifiers, pilot generators and status monitoring systems. Mr. Nielsen
regularly represented AT&T Broadband at various meetings relating to I-Net issues. He also
worked closely with consultants in evaluating and designing upgrades to existing I-Nets.
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For the 8 years prior to being I-Net Manager, Mr. Nielsen was the Technical Supervisor. He
supervised 35 Maintenance Technicians and Service Technicians, implemented a plan to bring
service levels up to NCTA and FCC standards, and was in charge of reporting all technical data
for national reporting FCC testing and reporting and public files for CLI and Proof of
Performance. Additionally Mr. Nielsen spent 4 years as a Headend Technician and was involved
in designing, wiring and maintaining headends, hubs and antennas. He was on call 24 hours a
day for problems related to headends. Mr. Nielsen’s first 3 years were spent as a Maintenance
Technician. He was responsible for maintaining HSN and I-Net plants, field testing of FCC CLI
and Proof of Performance requirements as well as working on call (24/7) for outages and
problems.
Mr. Nielsen began his career as a technician and installer for Best Vision SMATV and Muller
Prybell. Formal education was received at Dakota County Vocational Technical School in its
Cable Television Degree Program.
Krystene Rivers
Krystene Rivers is a Research Associate for CBG Communications with a diverse background
in research, accounting, project planning and executive management. Prior to joining the firm,
Mrs. Rivers worked for over 18 years in various financial and executive management positions
with each career requiring a variety of diverse financial, technical and operational skills. Mrs.
Rivers has worked in a variety of both large and small business environments from a partnership
business to a large corporation. This experience has enabled Mrs. Rivers to contribute insight
and research experience into CBG’s Needs Ascertainment and related projects. Mrs. Rivers is
currently responsible for communications research projects which include the gathering of key
information associated with needs ascertainment, past performance and compliance review and
consumer issues. She is also a key component in the preparation of presentations and reports
necessary for the provision of CBG’s communications consulting services.
River Oaks Communications Corporation
Thomas Duchen
Thomas Duchen, President of River Oaks, has extensive cable and telecommunications experience.
Mr. Duchen is a 1978 graduate of the University of Virginia School of Law and holds a B.A. from
Tulane University where he was Phi Beta Kappa. Since the formation of River Oaks in 1987, he
has worked on a variety of issues throughout the United States, including projects in states such as
Colorado, Washington, Nevada, California, Nebraska, North Dakota, Illinois, Missouri and New
York. Mr. Duchen has significant experience in franchise negotiations and is a speaker at cable and
telecommunications seminars and conferences.
Robert Duchen
Robert Duchen, Vice President of River Oaks, also has extensive cable and telecommunications
experience. Mr. Duchen is a 1978 graduate of the University of Virginia School of Law and holds a
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B.A. from Tulane University where he was Phi Beta Kappa. Mr. Duchen has worked in states
throughout the country, such as Colorado, Washington, Oregon, Wyoming, New Mexico, Ohio,
Illinois, Nebraska, Minnesota, Wisconsin, Iowa, Maryland, Pennsylvania and South Carolina.
Karrison LLC
Lou Karrison, CPA
Louis G. Karrison, CPA, Managing Member of Karrison LLC, is responsible for audit,
accounting, and consulting services. On a nation-wide basis, he advises clients in matters
regarding cable television issues, such as franchise fee compliance, rate regulation, cable
franchise awards and transfers, and litigation.
He has personally performed over one hundred fifty franchise fee, rate regulation, and other
cable consulting projects. In addition, he has conducted more than nine hundred audits.
Mr. Karrison has been a featured speaker for NATOA, Illinois NATOA, the Minnesota
Association of Cable Television Administrators (MACTA), and the Kentucky League of Cities.
He has written several articles for NATOA's newsletter.
The Management Team’s Anticipated Availability
Dr. Book and the other Team Partners strive to provide the best support to our clients based on our
experience as shown above. The various Team Partners are often retained for follow-up work after
the initial project is completed. Although our experience and insight are certainly significant
contributors to this, timeliness and availability also are key to keeping our clients satisfied.
Dr. Book is well versed in managing projects so that they are completed on time and in a
cost-effective manner. Our Team professionals, in each of the respective offices, will be
available to provide their expertise on the Project. We prefer a team approach with the client to
efficiently, effectively and successfully carry out the project.
A significant amount of work can be done by e-mail, fax, telephone and Federal Express. When
specific personnel are needed on-site at your location for a variety of tasks, infrastructure review
and assessment, planning sessions, technical audit, telecommunications and cable television tasks,
document drafting and negotiations, public meetings, etc., we will be there.
Project Team’s Consulting Experience
Below is an overview of some of River Oaks’ and CBG’s qualifications, expertise, services and
experience in needs assessment, PEG Access review, cable franchise renewal, surveying and
public meetings, data analysis and methodology, technical evaluation, franchise fee audits,
negotiations, agreement drafting, and cable, broadband and telecommunications planning and
policy matters.
River Oaks’ and CBG’s primary business is providing cable television and telecommunications
consulting services to local government clients. During their professional careers, CBG’s and
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River Oaks’ principals have been involved with numerous cable television franchise renewal and
telecommunications matters throughout the United States. Mr. Robinson, Mr. Nielsen and other
Team Partners are professionals with decades of experience identifying cable related needs and
interests, performing system technical audit and review services, evaluating PEG access facilities
and designing institutional networks. They all have a clear understanding of the interplay
between law, regulation, policy and technology, and are able to interpret and apply the law in a
way that advances the goals of the City within the parameters of a cable franchise renewal.
River Oaks has established a national reputation in cable television and telecommunications matters.
The principals of River Oaks have had their work published, and they are speakers at regional and
national NATOA, NLC and state municipal league conferences and seminars.
River Oaks’ primary business is the providing of cable, telephony, wireless and other
telecommunications consulting services. River Oaks provides expertise in numerous facets of
telecommunications matters. During their professional careers, River Oaks’ principals have been
involved with a myriad of cable television and telecommunications projects throughout the United
States. The principals of River Oaks have over 50 years of experience in cable television
projects in more than 35 states. Some of the accomplishments include the following:
In order to maximize franchise fee revenue for cities/counties, we define gross revenues as
broadly as possible, consistent with Cable Act requirements.
River Oaks typically negotiates a franchise which contains an initial term plus the possibility
for a term extension (which is dependent upon the Multiple System Operator’s (“MSO’s”)
compliance with certain requirements, such as timely completion of the cable system
upgrade).
MSOs have committed to cable system upgrades ranging from 550 MHz (in the early to mid
1990s) to 860 MHz of capacity.
We have successfully negotiated significant capital grants for PEG Access purposes. Some
MSOs are also agreeing to provide $.25 to $1.00 per month per residential subscriber for
PEG Access purposes. We have also obtained PEG facilities and equipment for local
governments.
Local governments need adequate protection in the event of a franchise breach by the cable
operator. As such, our franchises typically include requirements for the posting of a letter of
credit, performance bond and/or security deposit.
River Oaks’ franchises typically contain meaningful enforcement provisions which include
revocation sections and liquidated damages language.
River Oaks and CBG have worked on cable franchises and other agreements, community needs
and interests ascertainments, technical audits and reviews, regulatory issues, wireless
communications matters and other projects throughout the United States. Some examples
include:
Fort Collins, Colorado: River Oaks has done significant work for the City of Fort Collins.
In the 1990s, River Oaks, along with the City, drafted and negotiated the Cable Franchise
Agreement with World Company. We assisted the City on its Needs Assessment project in
2004.
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Larimer County, Colorado: River Oaks has represented Larimer County (the “County”) in
a number of cable television-related projects. This work has involved Past Performance
Reviews, Needs Ascertainment work, cable television franchise negotiation and drafting
with several cable operators including Comcast, Baja, US Cable and Next Horizon.
Currently, there are three franchises which are being drafted (each of which is over 50
pages in length). These franchises are being done on behalf of the County in the Fort
Collins area and near Estes Park. These Franchises encompass and include issues relating
to Customer Service Standards, Franchise Fees, PEG Channels, Indemnification,
Insurance Requirements, Security, Customer Service Locations, Maintaining of Records,
Programming, Services for the Disabled, Parental Control Devices, Complimentary Cable
Service for the County and Schools, Technical Quality, Return Lines, Right-of-Way Use
and Construction, Undergrounding, Use of Poles, Work of Contractors and
Subcontractors, GIS Mapping, Technical Standards, Standby Power and Emergency Alert
System, Remedies for Agreement Violations, Letter of Credit, Bonds, Cable System
Transfers and numerous other matters.
Estes Park, Colorado: River Oaks represents the Town of Estes Park in similarly related cable
television matters. It recently completed and finalized a new Cable Television Agreement with
Baja in Estes Park. In this regard, River Oaks worked closely with the Town Attorney, Town
Administrator and Staff to develop a comprehensive franchise in order to meet the needs and
interests of the community.
During its 26 years, River Oaks has worked with and represented between 30 and 40
jurisdictions in Colorado on a wide variety of Cable Television, Wireless, PEG, Institutional
Network and Telecommunications related matters. Its role as a consultant has added significant
value for its clients.
Highlighted below are some of CBG’s work concerning needs assessments, survey work, review,
analysis, planning and development, cable television franchise renewals, PEG Access
operational reviews and other cable and telecommunications projects (a number of the projects
below also included various of our Team Partners):
Salisbury, Maryland: Currently performing a wide range of needs assessment and franchise
renewal tasks for the city, including a residential community survey, technical review, past
compliance review, PEG Access review and needs assessment and other tasks. Prior to this, CBG
completed project work for the PAC-14 community access organization originally established as a
partnership between Salisbury University, the City of Salisbury and Wicomico County, Maryland.
Work included pursuit of capital funding from Comcast through both traditional and non-traditional
means. Past work has included a comprehensive baseline needs assessment as well as refinement of
facility and equipment projections and costs, including a focus on digital production, post-
production and transport environments over time, and pursuit of commensurate funding.
Frederick County, Maryland: CBG gathered baseline information for Community Needs, PEG
Access and I-Net Assessment, including a kick-off meeting with the County’s Cable Franchise Task
Force. Prepared written Residential Subscriber/Non-Subscriber Survey and conducted workshops/
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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focused discussions on Business and Non-Profit Broadband Communications needs and
Organizational PEG Access needs. Conducted follow-up telephone interviews with survey
respondents as necessary. Worked with the County, Frederick County Public Schools, Frederick
County Community College and others to develop a list of needed Governmental and Educational
Access equipment, along with assessing current PEG Access facilities. Gathered Institutional
Network ("I-Net")-related information, provided information to the County on I-Net applications
that are occurring in other jurisdictions, reviewed information gathered from the surveys,
workshops/focused discussions, public meeting and follow-up telephone interviews. Drafted and
finalized an informative Needs Assessment Report for submission to the County, and then assisted
in successful franchise negotiations.
Philadelphia, Pennsylvania: Ongoing work concerning franchise oversight issues concerning
Verizon and Comcast, PEG Access implementation and the development of wide-ranging ROW
Management policies, procedures and regulations; As part of this, CBG helped the City evaluate
the viability of Temple University’s PEG Access channel facilities, equipment, operations and
signal transport. Prior to this, CBG developed comprehensive revisions to the ROW
Management fee structure, including an Annual Fee per provider that includes permitting and
ongoing management components, as well as a street degradation fee; also developed a master
ROW ordinance, now in place in the Philadelphia Code. Work to-date also includes a detailed
study of infrastructure placed by numerous telecommunications and other utility providers and
negotiations on ROW Use terms and conditions with multiple providers. CBG’s work over the
years has resulted in development of additional funding and services for PEG via the Verizon
franchise, highly advanced competitive system options for residents, implementation of a new
Educational Access channel for Temple University and improved right-of-way management.
Denver, Colorado: Currently assisting the City with franchise negotiations support
focusing on technical, PEG and I-Net issues. Prior to this, completed work assisting the
City with a comprehensive needs assessment as part of franchise renewal activities related
to Comcast. These activities included review of multiple PEG Access production facilities
and development of projections for their transition to high definition digital as well as the
provision of on-demand services. These activities included performance of a statistically
valid residential community telephone survey, conduct of a number of organizational
sector on-line surveys, a written and on-line residential survey, a variety of focus groups,
site visits to and evaluation of multiple public, educational and governmental access
facilities, development and review and analysis of an on-line PEG Access
producers/provider/ user survey and other tasks. CBG’s comprehensive needs assessment is
providing the basis for wide ranging negotiations on multiple system characteristics; PEG HD,
VOD and associated funding; and I-Net continuation and funding provisions.
Pricing and Invoicing
The following chart identifies cost estimates for the Franchise Consulting Project. The cost
estimates are based upon the Scope of Work and tasks set forth in this Proposal. We have provided
below a not to exceed cost for each task item in order to give the City price certainty for the project
and predictability concerning each task.
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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Dr. Book and the Team Partners will complete a project that encompasses all of the tasks described
above for the not-to-exceed task hours cost plus reimbursable expenses as outlined below. Dr.
Book will work with City staff to devise a final work plan and associated costs which will meet
the City’s needs for all services desired.
The following outline identifies cost estimates for the Franchise Consulting Services tasks related
to Cable Franchise Renewal. The cost estimates are based upon the timeline and Scope of Work
set forth in this Proposal.
Scope of Work Tasks
Key Personnel Task
Hours
Cost
1. Review the City’s plan for the review process; work with
staff to modify the plan as appropriate.
Dr. Book
River Oaks
CBG
3
5
3
$450
$975
$525
2. Assist City staff with various review activities, including a
community needs assessment, customer satisfaction survey,
and public meetings.
Dr. Book
River Oaks
CBG
Survey Coding
96
55
45
$14,400
$10,725
$7,875
$1,750
3. Prepare a written plan for the renewal process,
accompanied by a timeline.
Dr. Book
River Oaks
CBG
3
3
3
$450
$585
$525
4. Review existing Cable TV franchise agreement and
current agreements with other communities and suggest
additional elements that the City might wish to consider
including in any new franchise agreement.
River Oaks
CBG
12
6
$2,340
$1,050
5. Attend and/or assist with negotiations with the Comcast
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* Dr. Book and her Team Partners would be reimbursed for expenses such as telephone, clerical
charges, postage, copy expenses, Fed Ex or courier expenses, travel expenses and other similar
expenses. Because River Oaks will perform many of the duties out of its Colorado offices, we are
utilizing a reduced rate of 10% above Professional Services fees for estimation purposes concerning
reimbursement expense cost.
Upon request, CBG can perform an I-Net review (either a paper audit or on-site) at their hourly
rates plus expenses. Similarly, if the City desires a PEG review (equipment, facilities, channels,
funding, etc.), CBG and River Oaks could do so at their hourly rates plus expenses.
The cost estimates are based on the number of task hours projected multiplied by the personnel’s
hourly rate. We will work closely with the City to develop a final work plan, which will meet your
financial objectives.
Invoicing
Dr. Book bills for professional services on a monthly basis. Each invoice details each company
or individual that performed services that month and their monthly charge, including hours
worked. The invoice will include: (a) Company or Person’s name; (b) Company or Person’s
hourly rate; and (c) Total hours worked for that billing period. The Team’s invoices will also
include the total hours worked on each task and its associated cost billed for that billing period.
Additionally, each invoice will contain a detailed narrative of work performed during the billing
period.
PERSONNEL HOURLY PROFESSIONAL SERVICES RATES
The hourly rates for the personnel that will be involved are the following:
Dr. Constance Book, Project Manager, Survey/Statistical Work - $150.00
Tom Robinson, Needs Assessment Tasks and Technical - $175.00
Dick Nielsen, Senior Engineer - $165.00
Krystene Rivers, Research Associate - $50.00
Tom Duchen - Needs Assessment Tasks and Document Due Diligence - $195.00
Bob Duchen - Needs Assessment Tasks and Document Due Diligence - $195.00
Lou Karrison, CPA - $175.00
Additional services beyond the scope of work as defined above can be requested from Dr. Book and
her Team Partners at the above hourly rates and/or an agreed upon not to exceed price.
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PROJECT SCHEDULE/TIMELINE AND MILESTONES
Projects such as this one (Tasks #1-#9) can take as much as nine to twelve months or more
depending on the scheduling of surveys, interviews, focus groups, other meetings, negotiations
and on-site visits and the availability of key personnel. We will begin working with the City on
developing a comprehensive plan that meets the City’s franchise renewal needs starting in
February, 2013. Project milestones will be established and update discussions will occur
regularly with the City’s staff. We will work both on-site and off and attend meetings as needed,
and help coordinate all the processes necessary, to meet the project objectives in a timely
manner. Dr. Book and her Team Partners will work to keep tasks running concurrently in order
to maximize resources and minimize the overall timeframe for completion.
Tasks/Deliverables Time Frame
Task #1 Months 1 - 2
Task #2 Months 1 - 11
Task #3 Months 1 - 2
Task #4 Months 1 - 3
Task #5 - Negotiations with Comcast;
Technical Review
Ongoing
Months 2 - 6
Task #6 N/A
Task #7 Months 1 - 6
Task #8 Ongoing
Task #9 Ongoing
CITY RESOURCES NEEDED
Dr. Book and her Team Partners take a comprehensive and collaborative approach towards cable
television franchise renewals. Such an approach coupled with our wealth of experience and
knowledge makes us unique, which results in an effective cable television franchise renewal
process for the City.
This collaborative process maximizes the resources available to the project in a highly cost-
effective manner. It includes efficiently working with the City and their respective staff in a
manner that draws on their significant history, background, experience and expertise. With all
these resources moving in the same forward direction, our Team is able to ensure that the
community needs will be well documented and well defined. This will lead to a franchise
renewal that best meets these needs in a manner favorable to the City. Specifically, as described
in great detail above, each portion of the project and its associated methodology will yield the
results needed concerning technical, franchise fee and compliance reviews as well as community
needs assessments that will lead to effective language for a proposed franchise agreement. In
addition, this solid foundation of information will allow the Team Partners to best represent the
City and ensure success during the negotiations portion of the project.
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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Our Team Partners have demonstrated broad based skills in all facets of cable franchise renewal.
We will first work with the City on a continual basis to ensure a free flow of necessary
information between the City and our Team Partners in all of the tasks of the project as defined
herein. Because of the wealth of information that needs to be gathered to ensure all necessary
data is analyzed and incorporated, Dr. Book will need the City to coordinate information sharing
between the Team Partners and various critical Communities of Interest. Beyond this, River
Oaks and CBG will need to work closely with the City on scheduling community facilities as a
location for the focus groups, meetings and hearings with local officials and other similar
activities. Also, as indicated above, the City would be responsible for the printing, copying and
mailing costs of the survey.
We have found in the past that the most successful projects involve a strong team approach
between the consultant and the client, and we would anticipate employing this strategy during
this project as well.
We should note here that two of Telecommunications Research Corporation’s Team Partners,
River Oaks and CBG, have engaged one of the City’s staff, Carson Hamlin, to work with them in
the past or currently on unrelated matters. While we understand that Mr. Hamlin, in his City
staff capacity, will be actively involved in this project on behalf of the City, neither he nor
anyone else at the City will be receiving any remuneration from our team for any work on the
Fort Collins project.
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REFERENCES
For Constance Book, Ph.D., Telecommunications Research Corporation:
Metropolitan Area Communications Commission, Oregon (MACC)
Bruce Crest, Administrator
503-645-7365
City and County of Denver, Colorado
Darren Zuehlke, Director
Denver Media Services
720-865-2300
Clackamas County, Oregon Cable Communications
Debbie McCoy, Manager
503-742-5902
For CBG Communications, Inc.:
Frederick County, Maryland
Sherry Weakley, IIT Director/CIO
301-600-1010
City of Vancouver & Clark County, Washington
Jim Demmon, Cable Television Manager
360-487-8703
Clackamas County, Oregon Cable Communications
Debbie McCoy, Manager
503-742-5902
Marin Telecommunications Agency, California (MTA) (Marin County and 10 Municipalities)
Barbara Thornton, Executive Director MTA
415-448-0355
For River Oaks Communications Corporation:
City of Redmond, Washington
Patrick Hirsch, Video Communications Manager
425-556-2439
City of Wenatchee, Washington
Allison Williams, Executive Services Director
509-888-3636
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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City of Burien, Washington
Craig Knutson, City Attorney
206-241-4647
For Lou Karrison:
City of Redmond, Washington
Patrick Hirsch, Video Communications Manager
425-556-2439
Village of Northbrook, Illinois
Cheryl Fayne-dePersio, Communications Manager
847-664-4015
City and County of Denver, Colorado
Darren Zuehlke, Director
Denver Media Services
720-865-2300
Additional references for Dr. Book or any of the Team Partners can be provided upon request.
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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CONCLUSION
Dr. Book and her Team Partners appreciate the opportunity to provide this Proposal. We have
the requisite expertise, experience and dedication to work effectively and successfully with the
City of Fort Collins on this very important cable television franchise renewal project. We hope
to be of service to the City.
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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RESUMES
CONSTANCE LEDOUX BOOK, PH.D.
PRESIDENT, TELECOMMUNICATIONS RESEARCH CORPORATION
810 NC Highway 61 South
Whitsett, NC 27377
connie.ledoux@gmail.com
336-209-0894
Current Position:
Associate Provost and Professor
Elon University (1999-present)
Provide leadership in the University and the School of Communications.
Tasks include supporting the Provost in University initiatives, strategic planning,
faculty leadership and development. Implementing long range plans for the
University and School. Teaching areas include a variety of new media, policy,
writing, research and production courses.
Executive Director, Sunshine Center
North Carolina Open Government Coalition (2007-present)
Provide founding leadership in establishment of a center dedicated to the
education of North Carolinians on open government issues.
Telecommunications Consultant
(1994-Present)
Cable Communications, PEG Access, Internet, Digital Television, and Broadband
deployment research.
Includes consumer testing and statistical assessment of community and resident's
cable, broadband and telecommunications needs and services. Cable
communications work includes PEG organizational reviews. Have served as lead
researcher on PEG and technology related needs and interests ascertainments in a
variety of local governments including Montgomery County, MD; Vancouver,
WA; Seattle, WA; Detroit, MI; Denver, CO; Milwaukee, WI; Lincoln, NE;
Norwich, CT; Plano, TX; St. Paul, MN; and many others.
Education
(1994) Ph.D. Journalism and Mass Communications. The University of Georgia,
Athens, Georgia.
Dissertation: Municipal Officials' Attitudes Toward Cable Television Regulation: A
National Study.
(1989) M.Ed., Education Administration and Supervision,
Northwestern State University, Natchitoches, Louisiana.
(1986) B.A., Journalism. Louisiana State University, Baton Rouge, Louisiana.
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Professional Honors Highlights (*Blind Peer Review in a Competitive Setting, ** Peer
Review)
(2010) Knight Foundation Grant recipient for NC Sunshine Center, $250,000.
(2010) Governor’s appointment to the board for the Agency of Public Telecommunications.
(2009) University Ward Family Mentoring Award.
(2009) Pew Internet and American Life grant to study global Internet policies at the United
Nation’s gathering for Internet Governance.
(2008) Invited to testify in front of the U.S. Senate Commerce Committee on consumer
response to the DTV transition in Wilmington, N.C. With student Lauren Limerick.
(2008) Awarded grant from the Pew Internet and American Life Project to study global
internet policy issues. Report filed March 2008. Downloadable from
www.pewinternet.org.
(2007) Awarded grants from the Knight Foundation and the National Freedom of Information
Coalition of $300,000 for the work of the Sunshine Center at Elon University.
(2006). Selected to receive the Ovation Award from the National Association of
Telecommunication Officers and Advisors for work on behalf of the public interest in
cable television policy.
(2006) Selected to the inaugural program of the Scripps Howard Leadership Academy.
Louisiana State University, June 4-9, 2006.
(2005) Recognized for leadership in the area of scholarship in the School of Communications,
Elon University.
*(2005) First Place Research Award, Open Category. Awarded first place for research paper on
women in broadcasting. Broadcast Educators Association/National Association of
Broadcasters, Gender Division.
**(2004) Awarded competitive grant from the National Association of Broadcasters to study
alternative radio distribution systems. With colleague, Don Grady.
*(2004) First Place Research Award, Open Category. Received first place honors for study on
PCTV adoption. Broadcast Educators Association/National Association of
Broadcasters.
*(2003). “A Grounded Theory Analysis of Internet Usage Among Mainland China University
Students.” With colleagues J. Gisclair and D. Grady. First Place Research Award,
Open Category. International Division. Broadcast Educators Association/National
Association of Broadcasters.
(2003) Nominated to serve on the Citizen’s Advisory Committee at the Federal
Communication Commission by Capitol Broadcasting headquartered in Raleigh, NC.
Publications:
Books:
(2004) DTV: Digital Television Comes Home. Iowa State University Press (Blackwell
Publishing). Ames, Iowa.
Book Chapters:
(2006) Chapter on New Media in Copeland, D. & Hatcher, A. (Ed). Introduction to Mass
Communication. Northport, Ala.: Vision Press.
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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(2006) The Cable Guy and the Public Interest. In Reynolds, A & Barnett, B.
Communication and Law: Multidisciplinary Approaches to Research. Mahwah, N. J.:
Lawrence Erlbaum Associates.
(2004) Chapter on New Media in Copeland, D. & Hatcher, A. (Ed). Introduction to Mass
Communication. Northport, Ala.: Vision Press.
(2000) Critical Studies in Media Commercialism. Co-author of chapter regarding the use
of light-skinned African Americans by advertisers. Editors: R. Anderson and L. Strata.
London: Oxford University Press.
Articles (*Blind Review by Peers):
(2006) “PCTV: Consumers, Expectancy-Value and Likely Adoption.” Convergence.
Vol. 12 (3), 325-340.
(2005) . “Access Television Ratings and the Numbers Game.” Journal of Municipal
Telecommunications Policy. Vol. 13 (2), 24-27.
(April, 2004). “The Missing Dimension of Television.” Digital Television. United
Business Media, New York.
(May, 2004). “PCTV: Turning Up the Temperature on Television.” Digital Television.
United Business Media, New York.
(2003) “Consumer Adoption of Digital Television in North Carolina.” Newscaster.
North Carolina Association of Broadcasters. Winter, 2003.
*(2001)“The Builder: A Non-Traditional Newspaper.” Georgia Historical Quarterly.
Volume LXXXV, Spring 2001, Number 1.
Honor Societies
(1993) Kappa Tau Alpha. Journalism honor society.
(1993) Phi Kappa Phi. Academic honor society.
(1993) Blue Key. National Honor Society. University of Georgia.
Affiliations:
National Association of Telecommunication Officers and Advisors
Association for Educators in Journalism and Mass Communication
Broadcast Education Association
North Carolina Association of Broadcasters
North Carolina Cable Television Association
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THOMAS G. ROBINSON
PRESENT POSITION
CBG Communications, Inc. 2001-Present
President
Mr. Robinson has worked with local governments, PEG Access organizations and other public
sector entities all across the country on a variety of cable television and telecommunications
projects, needs assessments, Public, Educational and Governmental (PEG) access organizational,
operational and technical issues, including institutional networks reviews and design, technical
reviews, infrastructure issues, telecommunications planning, policy development, past performance
reviews, compliance audits, regulatory agreements, cable television renewals strategic planning,
wireless and wireline network development, and other matters. He is a frequent speaker at
telecommunications, local government and technical conferences. Mr. Robinson has written many
columns for Communications Engineering & Design (CED) magazine.
PRIOR EXPERIENCE
River Oaks Communications Corporation: 1994 - 2000
Director of Regulatory Affairs and Technology Development
Performed the same types of tasks as listed above for current position with CBG.
Fairfax County Department of Consumer Affairs, Fairfax, Virginia 1984 -
1994
Chief, Cable Regulatory and Technical Division
Managed a staff of 14, including administrative, financial, engineering, and clerical personnel, to
develop innovative cable communications applications and regulate local cable television systems.
Responsible for regulating one of the nation’s largest cable systems (Media General [now Cox]
Cable of Fairfax, Inc.) and a Time Warner [now Comcast] Cable system. Accomplishments
include:
Broadband Institutional Network (I-Net) Development. Worked with cable television (CATV)
system operators, government agencies and non-commercial organizations to implement video,
voice and data communications applications on the I-Net. Developed long-haul access and
telecourse video links, IBM terminal-to-mainframe circuits, packet-switched and other peer-to-peer
communications and T-1 internodal telephone links. Served on selection advisory and
implementation committee for the County's PABX system. Developed a County-wide video
training network serving over 300 public facilities throughout a 400 square-mile area.
Technical Performance Analysis and Training. Tested and reviewed cable operator's subscriber
and I-Net system performance for compliance with local franchise and federal requirements.
Worked with corporate, local system and consulting engineers for the resolution of technical issues.
Trained NATOA membership on changes in CATV and telecommunications technology and
maintained direct involvement in the development of national CATV technical standards. Made a
variety of national seminar presentations on technical standards, data transmission, I-Net usage and
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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other technical topics. Interfaced with cable operators, industry officials and subscribers regarding
consumer electronic equipment (television, VCR, converter, etc.) interconnect issues.
Franchise Administration and Policy Development. Implemented provisions of the franchise
agreement, local ordinances and applicable state and federal laws. Worked to develop policy and
resolve franchise legal issues, including franchise awards, enforcement actions, rate regulation,
review and modification of facility, service, equipment and other obligations, and review and update
of local law. Provided written and spoken testimony on cable and telecommunications issues before
local, state and federal authorities (e.g., U.S. Congress and Federal Communications Commission).
Administered cable franchise fee revenue funds (over $5 million annually), including budget
preparation. Monitored, allocated and disseminated cable grant funds (over $1.5 million annually).
Construction Oversight. Managed cable television inspections program and complaint handling
staff. Developed a comprehensive inspections manual, inspections reporting procedures,
construction standard compliance procedures and computerized complaint records and statistics.
Government, Consumer, Press, and Industry Affairs. Served on the Board of Directors of the
National Association of Telecommunications Officers and Advisors (NATOA) to confront a wide
range of national telecommunications issues. Locally, worked directly with citizens' groups and
County Board of Supervisors' Offices in developing policy and resolving critical, cable-related
problems. Served as a spokesperson for Fairfax County on cable television matters before members
of the press. Noted speaker at many government and industry forums.
Magnavox CATV Systems, Inc.
Manlius, New York 1980 - 1984
Product Specialist for Amplifier Systems
Managed largest and most profitable product line for this major cable television equipment
manufacturer. Accomplishments included:
Market Research and Analysis. Assessed general industry and specific customer growth,
capabilities and trends for the purpose of discerning and meeting the market's service and equipment
needs. One effort culminated in the introduction of Magnavox's Upgrade/Rebuild Analysis Service
which resulted in increased sales. Analyzed competitors' product lines, strengths and weaknesses.
Marketing Communications. Provided narration and editing expertise for audio-visual
presentations (videotapes, slide shows, etc.). Prepared production specifications, copy and sample
layouts for catalogs, brochures and advertisements. Disseminated information to the media through
press releases and interviews.
CATV Systems Engineering and Architectural Design. Formulated architectures and
performance specifications for thousands of plant-miles of both residential and institutional
networks.
Conceptualization, Implementation, and Marketing of New Products. Formulated desired
product specifications, features, costs, and pricing policies for a broad range of amplifier system
Fort Collins Proposal No. 7466 Telecommunications Research Corporation
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products. Results included the development of new, advanced, higher bandwidth distribution
systems.
Technical Sales and Industry Training. Prepared and presented numerous sales training sessions
on individual, regional and national levels. Participated in many Society of Cable Television
Engineers (SCTE) regional and national seminars. Presented major papers on system reliability and
system architecture.
In-Plant and Outside Management and Liaison Functions. Organized and participated in many
product review teams with representatives from the administration, manufacturing, engineering and
quality assurance departments for the purposes of product development analysis, problem solving
and factory expediting. Served as an interface with both domestic and foreign distributors and
industry associations.
Technical Marketing Support. Involved in numerous outside and in-plant customer visits,
including product demonstrations and temperature chamber cascade tests. Represented the
company at national and regional trade shows.
EDUCATION
Syracuse University, Syracuse, New York 1978 - 1979
S.I. Newhouse School of Public Communications
M.S. Telecommunications/Film. Graduated with honors, Dean's list all semesters. Recipient of the
A. William Bluem Award for outstanding service as a Graduate Teaching Assistant.
Towson State University, Towson, Maryland 1974 - 1978
B.A. Mass Communications. Graduated Summa Cum Laude.
MEMBERSHIPS
National Association of Telecommunications Officers and Advisors (NATOA). Board of
Directors, Science and Technology Committee, Legislative Affairs Committee, Editorial Board.
Society of Cable Telecommunications Engineers.
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RICHARD (DICK) NIELSEN II
PRESENT POSITION
CBG Communications, Inc., St. Paul, MN office 2003 – Present
Senior Engineer
Work as lead technical staff for the firm, including cable television and institutional network needs
assessment and system performance audits, video system and facilities design, institutional network
design, application development and performance review, telecommunications system design,
application development and performance review, underground and aerial construction planning,
review and analysis, data communication system and equipment planning, review and analysis, and
a variety of other technical tasks.
PROFESSIONAL EXPERIENCE
AT&T Broadband, St Paul, Minnesota 1984 - 2003
Institutional Network Manager
Managed:
Maintenance of Institutional Networks representing over 20 Franchise areas and nearly 1000
miles of coaxial, HFC and fiber optic plant.
Designing new and upgrading existing I-Nets.
Budgeting for new, upgraded I-Nets.
High level supervision of Construction activities.
Activation of fiber optic nodes, power supplies, amplifiers, pilot generators, Cheetah
monitoring system etc.
Represented the company at various meetings regarding the I-Nets.
Worked closely with Consultants in evaluating existing I-Nets and designing upgrades to
existing I-Nets.
Technical Supervisor
Supervised 35 Maintenance and Service Technicians
Implemented a plan to bring service levels up to NCTA and FCC standards
Responsible for reporting all Engineering and Technical data for national reporting
FCC testing and reporting and public files for CLI and Proof of Performance
Headend Technician
Various responsibilities designing, wiring, and maintaining Headends, Hubs and antennas
24/7 On-Call for problems related to Headends
Maintenance Technician
Maintaining of HSN and I-Net plants
FCC testing of CLI and Proof of Performance
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24/7 On Call for outages and problems
Muller Prybel, Hastings, MN 1984
Installer
Installed Cable TV to residences
Best Vision, SMATV , Minneapolis, MN 1983 – 1984
Technician
Set up and maintenance of SMATV Headends throughout the Twin Cities area
Maintaining the distribution systems between buildings and internally
Installs and Trouble Calls
EDUCATION
Dakota County Vocational Technical School
Rosemount, Minnesota 1982 - 1984
Cable Television Degree Program
NCTA Fiber Optics Course
NCTA Tests and Measurements Course
Active in SCTE/BCTE Certification
Leading the Broadband Way. 5 day Management Course
Various Management and Technical Seminars
PROFESSIONAL MEMBERSHIPS
SCTE/BCTE, NATOA
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KRYSTENE E. RIVERS
Research Associate, CBG
73 Chestnut Road, Suite 301
Paoli, PA 19301
rivers@cbgcommunications.com
610-889-7470
PRESENT POSITION
CBG Communications, Incorporated, Paoli, Pa 2003 - Current
Research Associate
Manage and perform all analytical, financial and administrative functions of the company
including review and analysis of needs assessment survey data, research and review of current
legislation and regulations as they relate to telecommunications and broadband services, review
and analysis of telecommunications and broadband trends and services in the industry, review
and analysis of federal, state and local government public access services, financial profit and
loss analysis, job cost analysis, Franchise Fee analysis, annual and quarterly reporting, report
writing and other financial analysis and administrative functions.
Review and analyze needs assessment government, community, residential and business survey
data. Gather and compile data information into spreadsheets, graphs, tables and narrative
assessment to determine opinions, trends, needs and interests of survey study groups.
Conduct, review and analyze phone, written and online survey data for community, government
and business in relation to broadband and telecommunications services and access. Compile and
analyze data to determine respondent’s user needs and access services in their geographic
location.
Research and analyze federal, state and local legislation and regulations to determine trends as
well as the affect on government, community and public agencies as it relates to
telecommunications and broadband access, adoption and deployment around the country.
PROFESSIONAL EXPERIENCE
Utilicon Construction Company Inc., Phoenixville, PA 1996 - 2000
Controller, Financial Department
Managed and performed all financial reporting and accounting functions of the company
including profit and loss analysis, job cost analysis, personnel records, payroll, 401K
investments, cash accounting, accounts receivable and payable, income statement and balance
sheet analysis, and annual and quarterly reporting to the president and outside legal and
accounting firms.
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Designed and implemented a cost analysis report for each job, closed and current, to establish
profit and loss ratios for future jobs. This reporting also outlined improvements required in
bidding estimates to ensure greater profit margin.
Supervised and completed the implementation of a new computer system to replace the 20-
year-old system currently used. This allowed for 100% accuracy in financial analysis and
reporting, and established the use of various profit and loss analysis reports to improve the
profitability of the company.
Designed and implemented a new Accounts Receivable control processes: analyze service,
job performance and recovery prioritization. Analyze receivables and trace problems back to
disputes over goods delivered, labor performed and quality of work. This information in turn
pointed to weaknesses in the management process, particularly forecasting and employee
work scheduling. Introduced project planning and other managerial improvements leading to
a receivable turnaround of two weeks.
Mutual Fire, Marine & Inland Insurance Company 1991 - 1996
(In Rehabilitation), Philadelphia, PA
Supervisor, Reinsurance Accounting
Supervised reinsurance billings, collections, claims processing and account reconciliation’s, with
a team consisting of five accountants and three analysts.
Developed and monitored the implementation of over 250 reinsurance treaty contracts,
12,000 reinsured claims, and 750 billing accounts in a new claims and reinsurance computer
system. This system automated the reinsurance calculation of over 98% of all claims and
reduced employee expenses by $235,000.
Formulated and implemented strategies for resolving reinsurance contract disputes and
claims issues, which resulted in the collection of over $2 million in receivables.
Developed and implemented procedures to increase collections by $15 million over a three
year period. The department successfully collected 95% of the goal.
Coordinated audits, both on-site and external, to expedite the collection of over $5 million.
Consulted with legal counsel on several reinsured claim settlements, contract disputes,
reinsurer negotiations, and trial preparations, in order to secure over $25 million in
receivables.
Cigna Insurance Company, Philadelphia, PA 1989-1991
Claims Analyst, Reinsurance Accounting
Analyzed over 500 insured claims in order to bill and collect over $30 million in reinsurance
recoverables, through the accurate interpretation of insurance and reinsurance contracts.
Coordinated and developed, with other departments, procedures for resolving complex
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accounts. The implementation of these procedures facilitated the collection of over $12
million for accounts identified as uncollectible.
Planned and conducted claims audits at 3 claims offices to ensure the accuracy of their
financials. These qualitative claim audits reduced the liabilities of the company by $10
million.
Reviewed, analyzed and reconciled contract disputes and reservation of rights issues with
100 reinsurers. Collections increased by $2 million.
County of Chester, West Chester, PA 1987-1989
Controller's Assistant, Auditing Division
Developed and implemented procedures, which reduced county expenditures by 45% in the areas
of staffing, employee productivity, monthly overtime, and accounts payable.
Coordinated and performed an annual audit and analysis of inventory turnover in relation to
buying estimates, service commitments, and quality of merchandise. Reduced expenditures
yearly by 15%.
Developed and implemented an automated pension system that provided current information
on employees' resignation, retirement, and/or pension financial status.
Audited and analyzed over 50 weekly vendor reports to ensure conformance to contractual
services. Reduced accounts payable by 30% due to improper and duplicate billings, breach
of contract issues, and accounting errors.
Planned and performed an audit of equipment and material purchased for every Chester
County and Township office. Reported that over 500 pieces of computer equipment, costing
over $150,000, was stolen by employees and replaced by inferior products.
EDUCATION
Widener University, Chester, PA, one year graduate school for MBA
Pennsylvania State University, PA, 1987
BS, Mathematical Sciences and Secondary Education
Attended numerous seminars including negotiations, collections, auditing, management,
telephone communication, and principles of reinsurance.
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Thomas F. Duchen
PRESENT POSITION President - River Oaks Communications Corporation
EDUCATION
Legal:
Originally
Admitted
to Bar:
Undergraduate
University of Virginia, Charlottesville, Virginia
1975 - 1978, J.D.
Colorado Supreme Court (1984)
Louisiana Supreme Court, U.S. District Court - Louisiana
U.S. Court of Appeals - Fifth Circuit (1978)
U.S. Court of Appeals - Tenth Circuit
Tulane University (1971-1975) - B.A. - Phi Beta Kappa
EXPERIENCE Mr. Duchen joined a law firm in New Orleans upon his graduation
from law school in 1978. He then worked as a corporate attorney
for a large business conglomerate in the Washington, D.C. area.
Mr. Duchen subsequently came to Colorado and joined a subsidiary
of The Gates Corporation in Colorado Springs in a business
capacity. He then proceeded to form River Oaks Communications
Corporation and since that time has served as its President. Mr.
Duchen’s work has taken him to a multitude of communities in
states such as Colorado, Nebraska, Iowa, Washington, New Mexico,
Nevada, Ohio, Minnesota, Illinois and Missouri.
SPEECHES National Conferences: Denver; San Diego; Palm Beach, Florida;
Orlando; Dallas; Anaheim
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Robert M. Duchen
PRESENT POSITION Vice President - River Oaks Communications Corporation
EDUCATION
Legal:
Originally
Admitted
to Bar:
Undergraduate
University of Virginia, Charlottesville, Virginia
1975 - 1978, J.D.
Colorado Supreme Court, U.S. District Court - District of Colorado
and U.S. Court of Appeals - Tenth Circuit (1978)
U.S. Court of Appeals - D.C. Circuit (1983)
Duke University (1971), Tulane University (1972-1975) - B.A. -
Phi Beta Kappa
EXPERIENCE Mr. Duchen served as corporate counsel to a number of companies
in the Denver area. Since his affiliation with River Oaks in 1987,
Mr. Duchen has worked on a broad range of cable and
telecommunications matters in states such as Colorado, Nebraska,
Wyoming, Montana, Washington, California, Ohio, Wisconsin,
Minnesota, Illinois, Missouri, Maryland and South Carolina. He has
worked on franchise agreements, renewals and transfers, feasibility
studies, survey preparation and analysis, and a variety of wireless
projects.
SPEECHES National Conferences: Miami; San Diego; Albuquerque; Orlando;
Dallas; Anaheim
Regional Conferences: Denver
State Conferences: Colorado; Nebraska
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Louis G. Karrison, CPA
Managing Member of Karrison LLC, Concentrating In Consulting For Cable Television
Franchising Authorities and Auditing Governmental Entities
Experience
Louis G. Karrison, CPA, is responsible for audit, accounting, and consulting services. On a
nation-wide basis, he advises clients in matters regarding cable television issues, such as
franchise fee compliance, rate regulation, cable franchise awards and transfers, and litigation.
He has personally performed over one hundred franchise fee, rate regulation, and other cable
consulting projects. In addition, he has conducted more than nine hundred audits of
municipalities and other governmental entities.
Speaking and Writing Engagements
Mr. Karrison has been a featured speaker for NATOA, Illinois NATOA, the Minnesota
Association of Cable Television Administrators (MACTA) and the Kentucky League of Cities.
He has written several articles for NATOA’s newsletter.
In 2008, Mr. Karrison authored “Gross Revenue Definitions, Problems and Opportunities” which
was included as a chapter in the Pennsylvania Bar Institute’s publication entitled “Negotiating
and Understanding Cable TV and Broadband.”
Affiliations
National Association of Telecommunications Officers and Advisors (NATOA)
Illinois NATOA
Government Finance Officers Association (GFOA)
Illinois Government Finance Officers Association (IGFOA)
American Institute of Certified Public Accountants (AICPA)
Illinois CPA Society (ICPAS)
Education
University of Illinois B.S. in Accountancy
Cable TV Company as requested by the City. Provide a
technical review and engineering expertise for an evaluation
of infrastructure, signal quality, system integrity,
undergrounding, future capabilities, etc.
River Oaks
CBG
20
130
$3,900
$22,100
6. Engineering firms must be licensed in the state of
Colorado.
N/A N/A N/A
7. Provide a financial audit including, but not limited to, an
evaluation of franchise and PEG fees.
LK 85 $14,875
8. Provide guidance and assistance, as needed, regarding
various regulatory requirements at the Federal and state
level.
River Oaks
8 $1,560
9. Attend various meetings and events to discuss aspects of
the proposed franchise agreement with the City Staff, City
Council work sessions, Council hearings, necessary public
meetings, etc.
Dr. Book
River Oaks
CBG
8
12
12
$1,200
$2,340
$2,100
Subtotal $89,725
Expenses* 8,973
TOTAL NOT TO EXCEED $98,698