“‘.(.‘.‘g ““‘ “‘.“‘.....2‘“'.MO~.OH.Q.‘H‘C’HQvol-“fi‘ “\'"""VI-V‘Vvvvv v‘v_v_—-I\\ " I‘I"I I‘v- v- - v vqu ‘1 1ny- ‘ ‘g““‘ . “‘-._"_ , v ‘ , , . . .. “ii: T‘fl‘fl. "" -. THE DESIGN UFLLFZANON 0F A. SIMULATION E FOR P NING '- - " . 1 “ _ , ' ISION FUCK. t ' J; is for anemia of MA. .. " '- ‘ ' MICHlGAN 3m: UNWERSITY fir: WILLIAM ALBERT ANDERSON '-._,; 19.73 » - ,. . I ‘ I ., . . . . . . p . ' ' ‘ , - . . . p I. - . a . . _ . ,. " ' ' v . . . .. . . . _ . . . . . , . ‘ I 0.. . . . .. a. o . n - . _ , ., ‘.-p, ‘. 1-0; 0.00 u ‘ . .. .. ..I ..' a. no... ' ""1" .“.:",‘f' . u . I . ‘ ’ I. “' _’ - ‘ ’- ' v . . . . . .,.-'.,.,-.. -'-v 4.0! 'Orl'. ' I I' '|"ac' 0:0 O l‘ ’ ‘ ’ """"“"'U . ‘ ' I n - . . .,.... .v:oo.6.o‘,f¢---lt"‘("'0‘""""' . . 0 u n - cl. . , ‘ ’ . ‘.. , . , .‘ ”",’ ‘” l”~'?0‘ '. . . ’ . o. J g. 4 .‘n (D. . ‘. ' ‘ . .- 3"? A 9-9—; " - b .’ - o..' ' .0 .}v 1 II r '1’ ‘ o. . ' 1 v'. v .ll . -V..4 no . 5-4 3, .000] 0" r . I ' ' ' “". .' "0 c‘--. .2 .- 2:5 u u: 1 IP" ‘9' '/ '..,:’.." {2’36” ' ' ' F ' - ' '— -- ..- .o' I.) ,ro-v ‘ ' U , ' ' -r.nn i. -. ., ' ' . 1'0 .-, - 4 ‘ " .o I! '51,. -,. ’t‘l _ ‘\'V‘~ ":1 WV“; n w .5 . ‘ .. “Wm FCR 3r. March 31, 1 F u ..... ::.;..is‘:.ed new ru] :tzahle televisim 113.103: be great mansion markets p 6 .rizzhises withou if 1’18 franchise. 2:5: affected by 157% neither the 31?? ' “‘5 m the ca ABSTRACT THE DESIGN AND UTILIZATION OF A SIMULATION GAME FOR PLANNING COMMUNITY CABLE TELEVISION POLICY BY William Albert Anderson On March 31, 1972, the Federal Communications Commission established new rules for the further growth and development of cable television in the United States. One of the most important new rulings was that cable television franchises could now be granted by communities within the top one hundred television markets. These highly populated areas offer the cable franchise holder a potentially lucrative market. Since March 1972, local communities have been under intense pressure from cable owners to grant cable television franchises without carefully examining the long range effects of the franchise. Local communities, who stand to be the most affected by the failure of cable to meet its potential, have neither the data nor analysis upon which to base their claims in the cable television decisionmaking process. One means by which local communities can experience the problems of cable television decisionmaking prior to the actual granting of a franchise is by a learning device known i122 were in the a A: F" I O '- ;::u| firle inn-era“ .:;::e reality re "”21: r‘o": n‘.:‘n a pe‘bVAAu 5"” of the ‘ ---“ QC 1 .‘ H! L: ‘1 s“:u¢a 5-0!: s.- ‘0 .:..ei for use wit 2572;39:ng local c h” '::-e are as f1 1- Teach 5 "A A. William Albert Anderson as a simulation game. This device is a learning context where the participant responds within the simulation game as if he were in the actual system of interaction being simu- lated. The interaction is governed by rules similar to the actual system and combines the competitive aspects of gaming with the reality replication of simulation to allow the par— ticipant a personal glimpse of how it "feels" to be in the dynamics of the actual system. A simulation game was systematically designed and field tested for use with those community members interested in developing local cable television policy. The objectives of the game are as follows: 1. Teach participants a systematic process for deter- mining cable television policy in their local community. 2. Make participants aware of some of the options available to their communities on various cable television issues. 3. Give participants a glimpse of how it "feels" to participate in the dynamics of determining cable television decisions. Participants became citizens of a hypothetical community involved in cable television planning and were confronted With a variety of decisions with multiple options. The goal 0f the citizens was to create the "best" possible cable policy iflfl7 the community using group interaction. Participants were givGfla immediate feedback on the consequences of their deci- sion s . ,1; evaluation i .0 I’U“ ‘ A " 'hes .‘. aatldr‘ -. '2.- b" r‘ :. .- . n'buv 3'..e;: test Siva: . ' | ‘ . 0"." Lie Ob3ectl'" ,. no William Albert Anderson An evaluation instrument was constructed to assess how well the simulation met its established objectives. In the two field test situations, participants responded positively toward the objectives and the majority stated they felt better equipped to enter "real world" cable decisionmakingo in Part1 DE“E THE DESIGN AND UTILIZATION OF A SIMULATION GAME FOR PLANNING COMMUNITY CABLE TELEVISION POLICY BY William Albert Anderson A THESIS Submitted to Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS Department of Television and Radio 1973 .W e” {y .2 J i} WILLIAM ALBERT ANDERSON Copyright by 1973 ii Television arr} » ‘ . V'~n_~ “wigan State 5' ' .ne requirerte: Accepted by the faculty of the Department of Television and Radio, College of Communication Arts, Michigan State University, in partial fulfillment of the requirements for the Master of Arts degree. .Jafi// .//x I -f;q 7i/ZZIZIHL12 ' [-Lfgk DIrector of Thesis iii a. a r. h». e I .hi. a t ‘FL 5 Wu Au 3 . e .0 oh MP. «VA. WV. n NV Hui Q‘- .5. ontri or he ‘u‘ I H Hub \- v': .2." R i ‘ ml in“. C .. V». .II .f u hum. F”... l u i ACKNOWLEDGMENTS Grateful appreciation is made to Dr. Thomas Baldwin who served as the advisor for this thesis. His suggestions and standards are appreciated now more than evero Appreciation is also extended to Mr. Russell Sindt for his many contributions of time and material, and to my wife, Sherry, for her help, patience and support in completing this effort. iv “I--. o I.. I CM 5." P‘” LO“; VI ‘.~.~ "“‘ AF "’1‘ \m V- O- uch-vi ‘V. L AV .\’”"\Aw‘von-- — ““¢\VUV\,“\ Statere: :‘HIF‘I HA?‘ a n .‘ 495.33 J H‘IQ Ital f \ C12. ': 7.7:. 6“ U...“ ’ gs..~_ CHAPTER TABLE OF CONTENTS LIST OF TABLES. . LIST OF FIGURES . 0 O O 0 O 0 0 O 0 O 0 O O I. INTRODUCTION TO THE PROBLEM . . . . . . . Statement of the Problem . . . . . . . Explanation of the Treatment . . . . . Design of the Treatment. . . . . . . . II. CABLE TELEVISION PLANNING EXERCISE. . . 0 Participant Instructions . . . . . . . 1: Decision Decision Decision Decision Decision Phase Decision Point Point Point Point Point O O 0 Point 2 3 4 5 6 ID C 0 Introduction. . . . Organization Phase. Examination Phase . Legislation Phase . Operator Selection 0 O O 0 0 O O O O O Supervision Phase . III. FEEDBACK AND EVALUATION DATA. . . . . . . Evaluation Procedure . . . . . . . . . Evaluation Results 0 O 0 O O O O O O O O O O 0 Evaluation of Feedback and Recommendations BIBLIOGRAPHY . . o IJST OF REFERENCES 0 O O 0 0 0 O O 0 O O O O O O O O 0 0 O O O O O O O 0 0 O Page vi vii \loD-N 15 16 31 36 43 76 104 203 221 221 223 228 231 232 ,u . run- ‘ :HV“ Onions-I P YIELD". LIST OF TABLES TABLE Page 1. A Comparison of Five Instructional Media. . . 6 2. Field Test I Evaluation of the Cable Tele- vision Planning Exercise. . . . . . . . . . . 224 3. Field Test II Evaluation of the Cable Telee vision Planning Exercise. . . . . . . . . . . 226 V1 uno- II 9 an F‘V‘. n V“ .I nu. .33.? in (I) (Y LIST OF FIGURES FIGURE Page 1. Ten Setp Instruction DevelOpment Model . . . . 8 vii . '~ 7‘ :-: "H n H ..- "NC u ' .nnvfl""~ Fr - Qu-v-F'R *‘ Q h'“ -‘~.."‘.n\: u.v3.4 u vs“" i.\-7 1““ ”-"flv‘flahy -LU. S :... " _ cAnVe,‘" w...» UVV‘ '4' . ..-. .1 .1" c-~a fl Aw m:..oban 1“ t :22... te““"“‘ . | . .u. y‘! ,x.-klnoi-J¢O .\ ‘ ABM”; vhlh \p‘ dun“- S 5 i0? A“ 1‘ u.» ‘ a .26;'”" «k A AV: lite -..,\ v ...:. 35 ”I‘m" ouqta ' ,c ,. This theme .ieurzter's re: «trawlican C" Elsismn poli Ere; CHAPTER I INTRODUCTION TO THE PROBLEM Cable television in the United States presently stands at a threshold: a threshold of transformation from a method of improving broadcast television reception to a genuine telecommunications system with profound implications for our entire society. Behind lies some twenty years of operational experience in smaller isolated communities where television signals were either poor or nonexistent. Ahead, because of recent technological advancements and a Federal Communica- tions Commission ruling, lies the harsh reality of formulating local metropolitan cable television policy which will dew liver as many of the "potentials" of cable television as are technologically and economically feasible. This thesis addresses the problem of that threshold and the writerUS research into a possible means of assisting netrOpolican communities in developing effective local cable television policy. Contained in this introductory chapter are: l A statement of the problem . An explanation of the treatment 2 3 The design of the treatment .9 Mai chagte 505i 3.: l. ' 3“ fl " k: 31::{1 A! .j '::...:.,-m anr‘mi' :r u.- .-.—.. O’Llr" _ _‘_ ”m .l.‘.:‘ v ‘ 'V‘ :V-OU‘QI a‘easa . H 3 ‘9" 1firfi- “.- I~ou iyOe‘vv.‘ .‘- . sure to (30--.. . I:-.u_.._ . I . I 3-711- “WE-”=9 It . ~:‘a "v.- Il'hile r8591": 3 ‘ F. " n ..a\§vr 8 +30 § & "F the SH w . a~t9r c T¢::‘:;C~p F U 0 --‘» \J "a - ‘1.:\;.\ a :k‘ h ‘4; '-”‘-s3 1 D. , ‘ v-4 Elma final chapter of this thesis will deal with the feed“ back and ewaluation of the feedback in field test situations of the treatment° gtatement of the Problem On March 31, 1972, the FCC put into effect its gable Television Report and Order which ended a six year freeze on the deve10pment of cable television systems in major metro- politan areas. "It asserted the FCC’s authority to regulate cable develOpmenty laid down a number of firm requirements and restrictions? and at the same time permitted considerable latitude to communities in drawing up the terms of their franchisesc."l It expressly encouraged communities to inno- vate, while reserving the authority to approve or disapprove many of their proposed actions° Specifically the new regulations for cable systems in the nation”s top one hundred television markets require that the systems meet the following minimal provisions: ~Provide at least a twenty (20) channel capacity nCapacity for two-way cable services that require return signals from the subscriber “Local programming (cablecasting) if the system has more than 3500 subscribers -A channel for educational programming -Public access to a cable channel -A channel for municipal services -Channels available for lease to pay TV and other services Walter So Baer, Cable Television: ~"A Handbook for Egpisionwmaking (SantaLMonicay California: Rand Corpofationy 1973)] Po iii. -' ‘ - 1 -_ LEE ..Sl;t.0.e b .e 'Lth their 1' :V FC""“'Y‘ I I ‘ . u: . .u 1.....9. \v n-suual . c- a: 1 - i' an 5 a '- " - . ‘ ‘ :‘Iv‘v re‘:d$aufi .g...’ v>noub!‘:‘1uu “_A-y:.-\VI - . . 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A“ The multiple system cable television owners (called M5033)? with their many years of cable television experience in smaller communities, have recognized that even with the new FCC regulations, the metrOpolitan communities offer a potentially lucrative investment and are exerting intense pressure on metrOpolitan communities to start issuing permits (franchises) to construct cable television systemso Many of these metropolitan communities lack the comprehensive knowlm edge of a complex cable technology and have begun to issue cable franchises without examining the long range implicam tions of these actionso "Decisions made today will fix the pattern of cable television for the next decades° Yet those who stand to be most affected by the failure of cable to meet its potential have been given neither data nor analysis upon which to base their claims in the cable television decisionmaking processo"2 And; unfortunately, some decisions were made in certain communities which were later regretted° Therefore, for those municipalities about to enter into discussions on cable television? the writer has identified the following problems as those which should be resolved before the actual decisionmaking begins: 10 The identification of a systematic process for determining local cable television decisions° 2Yale Review of Law and Social Action, The Cable Fable (New Haven, Connecticut: Yale University Press, 1972), p0 193° ', u‘ ‘N” 2. Amonecge :aAers are r 3. Arezererr meta: IS 1 2:1129, -' " :6 Litres act- ‘ ‘ v "Ow-”v nr‘r-N“ re. on a A, J . ..:‘.'...' F; :1 ' CuL ‘1 .y»....v-' U . a n . e “I: fipnw'.“ " h“ v 4“.“ J. ‘l-Zf, in M.tne ne‘: m m 01 ”.i‘” U) () :’1'”J m1 rrtv rd (DD-t 20 A knowledge of cable technology so local decision- makers are aware of the options available to themo 30 A referent situation in negotiating with cable operators in the dynamics of cable policy decision- making. The introduction of cable television to a municipal setting brings a host of political, social, economicy legal and technological problems along with its many advantageso If the community has mastered the above problems before enter- ing into decisionmaking, that community will more than likely be able to offer its citizens a better quality cable communi_ cations system than if it sat back and simply reacted to the requests and prOposals of operatorso The question of how to provide local communities with these prerequisites is dealt with in the next section of this chapter, Explanation of the Treatment One means by which local communities can master the aforementioned knowledges and skills is by a learning device known as simulation gamipgo It is an attempt to combine two basically simple ideas: 10 Simulation: simulations are simplified realityw- the essefiEe of physical or social systems of inter— actionso Simulations attempt to replicate essential aspects of reality so that reality may be understood and/or controlledo Reality is replicated to the degree that the simulation designer selects essential elements from reality° 2o gaming: games are competitive interactions among participants to achieve pre-specified goals° These interactions may feature cooperation within groups, but competition either among individuals or groups distinguishes gamingo ._.. 3:: lccal cor. .. 95ANL‘. a =**"‘aticr " l ,. :.v .n- " Piaf“ ' ‘ 1, 'M 55 " * ._2'3: arch fix?" 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A lng ‘ h C,” “it ”a . 3‘38 ls 0'31 A4‘ 1535-; "‘L1 31 elE'f‘c 13p For local communities about to enter into cable decision- making, a simulation game can, in a very short period of time, provide participants with a low-risk structure of real; ity for which they must make decisions about particular aspects of local cable policyo Participant decisions are not irrevocable commitments (as in the "real world") and the simulation provides immediate feedback as to the consequences of those decisionso After participating in a properly de- signed simulation game dealing with the identified prerequiw site skills and knowledges, the local community member will have a referent situation of cable decisionmaking and will hopefully be able to apply experiences and behaviors learned in the game to an actual situationo As a learning device, a simulation game offers some very strong advantages over other alternative methodso These advantages are summarized in Table 10 After reviewing the problems to be solved and the p03“ sible methods of solution, the writer decided to utilize the simulation gaming methodo The simulation game provides advantages such as economy of time, adaptability, active learner role, and a higher learner interest over other methods of learning° However, one crucial point must be remembered: the game is only as successful as the designer selects the 'essential elements, from reality and applies them in a 1earn~ 11R; contexto The final section of this chapter will detail F i a i . . dado x 1v Twit—4? 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'2 :‘F A . . .‘w ‘1 ‘ - ‘A~‘ .‘Q .‘~ tr “‘al a C \ a. 5.. F the systematic developmental steps taken by the writer to prepare the first prototype of the simulation game° Design of the Treatment Fortunately or unfortunately, depending upon one”s point of View, there does not exist a manual on the design of stimulation games. Several authors such as Abt, Boocock, Glazier, Horn, Stoll, Twelker and Zuckerman have contributed valuable research, but most admit there is no one way to design a similation game that will meet each designeris needs. Most of the above authors suggest following a sys- tematic developmental process which includes the development and field testing of a prototypeo This writer decided to select the ten step instructional development model designed by Vernon S° Gerlach and Donald P° Ely in their text Teaching and Media, a Systematic Approach.3 Figure 1 presents their sequential develOpmental stepso The writer will briefly describe how the model was used to design the simulation game contained in Chapter II of this thesis. Step 1: Specification of Content The analysis of the thesis problem determined the para“ meters of the game contento The problems of lack of knowledge of a systematic process for determining cable decisions, the 3Vernon S. 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O a we ' A "II - I I 1- “5.: III f (4" Mn: 1"“ u ‘4‘ .5“ 59 BACKGROUND INFORMATION The C.O.G. subcommittee studying the Options of cable system ownership must decide whether the cable system in Belmont Springs will follow the standard pattern of being franchised to a private owner or whether another form of ownership would be more beneficial. Other common ownership options include city ownership and ownership by a nonaprofit organization. Of the communities near Belmont Springs that have com- pleted cable franchising agreements, three of the four fran- chises have gone to Mountain Communications Incorporated (M.C.I.), a multiple system owner located in Norwalk. The other franchise was awarded to Monroe Video, an out-of-state multiple system owner. In Bellvue, one of the communities to award its franchise to M.C.I., the Chicano population has asked the F.C.C. to refuse to grant a Certificate of Comm pliance for the system, claiming their proposal to construct and Operate a separate Chicano-owned cable system to serve their portion of the city was never given consideration in the franchisee selection process. Also, the City Of Norwalk is about to release the re~ sults of a year long study on cable television for Norwalk. According to the Norwalk Daily_News, the study will recommend a municipally owned system for this major metropolitan area. H of ca I‘M: i "J 60 In Belmont Springs, there has been a great deal of inter— est in the issue of cable system ownership. As mentioned earlier, private cable companies have approached city offi— cials attempting to expediate the franchising process. Informal discussions within the C.O.G. reveal that the members are divided on municipal ownership; the representative from the city manager's office states that he does not believe councilmen will be willing to enter the high risk financing of cable television, while others see municipal ownership as a way to lower subscriber rates. The possibility of non- commercial ownership has been proposed, but as of yet, no means of financing the estimated $3,000,000 needed for a noncommercial effort has been arranged. 61 ALTERNATIVE: Private Ownership If the cable television system in Belmont Springs is to be Operated by a private owner, it will more than likely be a local company affiliated with a large multiple system owner (M.S.O.). Typically, a cable M.S.O. seeking a commun— ity franchise will form a local company to submit its appliw cation. Influential local residents will be invited to buy shares in the local companymmusually 10 to 20 percent-~but the M.S.O. will retain majority control. There are several advantages and disadvantages to having private ownership. ADVANTAGES 1. Ability to raise capital M.S.O.'s, because of their size, rate of return on the investment, and experience, are able to obtain large loans from banks and insurance companies to construct large metropolitan cable systems. Financiers find it more profit- able to make one large loan rather than several smaller loans, so M.S.O.'s seeking tens of millions of dollars to construct several systems, are looked upon very favorably. Also, no privately owned cable system has ever gone broke. 2. Management Experience Because most M.S.O.'s Operate several systems across the United States, they have the advantage of several years 62 of cable management experience. The private owner will be able to operate an effective, efficient cable system. Most M.S.O.'s have their own training programs to improve the performance of system management personnel. Research Capability A private owner affiliated with an M.S.O. will have access to or the ability to do research in the area of new cable services as a means of increasing their potential subscriber base. Programming Resources A M.S.O. generally has a large television programming library which it has developed from outstanding programs from its other cable operations. Other forms of ownership may not be able to commit equivalent resources for pro- gramming. DISADVANTAGES 1. Profit Seeking A private owner will construct a cable system to make money. Conflict generally arises as to how much money should go to the operator as profit and how much should stay to further develop the cable system. rm.-- 2. 63 Cross Ownership The F.C.C° has banned cable system ownership by broad- cast television stations in the same community, by tele- vision networks, and by telephone companies in their service areas, Inn: does not prohibit cable ownership by newspapers and radio stations. ' Local Control If the cable owner is an M.S.O., there may be a prob- lem of loss of local control; that decisionmaking with regard to local operating policies and public access pro- gramming will be made by corporate Officers and imposed upon the local community. 64 ALTERNATIVE: City Ownership Examples of cable systems owned by the city are few: at the present there are eighteen municipally owned cable systems, most of them in small towns, and many of them established during the early days of cable when municipali- ties took an active interest in bringing broadcast television reception to their residents. Municipal ownership continues to be of interest in certain smaller towns and cities, but recently it has been increasingly discussed as an ownership alternative in major urban centers. ADVANTAGES 1. Lower rates Because the city can divert excess revenues from the cable system to uses other than profits for an external owner, a portion of the revenues can be used to lower monthly subscription rates. Also, public financing would entail lower interest rates for borrowing of money to con~ struct the system, which would have impact on the level of subscribers8 fees and the amounts of money that would be available for support of public uses of the system. 2. No profit skimming It must be remembered that privately owned cable sys- tems are Operated for a profit. Without proper city 65 regulation, a private owner may depreciate the cable sys— tem for tax purposes over a period of five years, while most new cable systems have a technological life of at least ten years. The private owner can obtain a large profit in this manner without investing new capital to up- date and rejuvenate the aging system. Under city ownership, however, a portion of the profits could be diverted to keep the system at "the state of the art" and provide the capability to deliver new cable services. 3. Local interest A city owned system allows direct control of subscriber rates and the types and levels of service to be provided in the interest of its subscribers. Services, such as fire and burglar alarms, meter reading, transportation service schedules, traffic control, community education, and cul- tural activities could be provided as an extension of existing municipal functions. DISADVANTAGES l° Lack of managerial ability Many of the M.S.O."s have questioned the city‘s lack of technical and managerial expertise to run such a public service enterprise correctly, efficiently, or imaginatively. Most cities do not have any existing structure to Operate a cable system. 2. 66 Financial venture Because of the large capital investment required to construct the cable system, the relatively long pay-back period, and the lack of data on the success of a municipal system in large metropolitan areas, the city may be un- willing to incur a debt in the millions of dollars to pro- vide what some consider to be a "luxury" as opposed to other municipal services. Control of communications When only one franchise is granted to serve a munici- pality, the owner becomes a monopolist. When the owner is the city, certain questions are raised about possible control of system by the city. It is not unusual for local governments to avoid actions that clearly enhance Black development on the basis of 'reverse discrimination' claims. Civil libertarians also claim that city ownership could bring with it city control of content. v :- AHV ct - u l I 1 n u . u . . .,.. L: . . . I u. . . . . I» t u it a» Lu .1 h s\ a. i \ ~nflI\\EUi ‘ h I ‘ 67 ALTERNATIVE: Noncommercial Ownership The ownership of a cable television system by a nonprofit group or institution constitutes another possible alternative. The noncommercial applicant would face the same responsibili- ties of raising capital, constructing and Operating the cable system as would a private cable applicant. The basic difference between nonprofit and commer- cial franchises is that the nonprofit franchisee will not be required to return a profit to stockholders. Revenues in excess of operating expenses, amortization, and interest can be funneled into additional community programming and services that provide the quickest re- turn on capital, the nonprofit owner should be more willing to experiment with nethechnology, to provide services of interested or marginal profitability, and to serve low-income areas where potential subscriber interest may be less certain.1 Using the noncommercial group as the basic structure, there are several variants of this form of ownership. One of the most promising forms is a joint venture between profit and non-profit groups. The profitwmaking arm can generate capital, utilize the market for business services, and run a businesslike organization while the non-profit arm can share in the revenues, and provide varied programming. ADVANTAGES 1. Local interest Because the bid for ownership was initiated by a 1Ford Foundation, Comments in Response to Commission's Notice of PrOposed Rulemaking, New York (December 7, 1970), p. I2. .P s——_- ._L__ 68 locally formed consortium or institution, a high degree of interest in servicing the community could come about. Those managing the system would probably be people who knew community interests and problems. Lower rates As with city ownership, when the franchisee is a true non-profit group, excess revenues would go back into the system to develop new services and to lower rates to sub- scribers. Community control Ownership by a community based group could relieve problems of content control that might be experienced with a private for profit owner or a municipal owner. DISADVANTAGES 1. Financing Obtaining capital to construct a cable system under this form of ownership could be a formidable problem. Some noncommercial community groups have been unstable in nature, a factor which longmrange investors view with suspicion. Also, return on the investment would be lower than usual; another factor which may discourage private investors. Foundation grants might be available where there is strong leadership for a community-based system, 69 but foundations are naturally reluctant to make more than a very few such commitments. Managerial ability Because a community noncommercial owner would not have the resources of a private owner or a municipal owner, it may be very difficult to hire and train compea tent staff to manage the cable system. There are too many programming and technical problems not to make success difficult for a manager who has to teach himself the whole discipline of electronic communication as he goes along. Operational structure A community noncommercial group may have problems in establishing an effective administrative structure within the limitations imposed by the city franchise. Minority groups and the poor, in particular, are unlikely to assume that their interests will be well served merely because the franchise holder is a nonprofit instead of a commercial organization. 70 NQDIRIIIAEIK IRAEJILIIH NEWS Mr. Arthur Gray, director Of community relations for the National Cable Television Association (NCTA) has criticized the findings of a citizen's report on the future of cable television in the City of Norwalk. The report to r:~_——_____.'- < - be published next week, recommends a municipally owned cable system be constructed. ”Municipal ownership of cable television systems may seem attractive to cities which want to save money", stated Mr. Gray, "but it would probably cause more problems than it would solve." Mr. Gray said the NCTA has launched aggressive public relations campaigns to make local citizens aware of the "many problems inherent in city ownership of cable tele— vision systems". If it appeared that Norwalk city officials were considering city ownership, Mr. Gray promised an "active industry effort" to make the public and elected officials aware of the hazards of such ownership. 71 CONSULTANT REPORT TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Cable Ownership Alternatives You have requested assistance in determining the type of cable system ownership that would best serve the City of Belmont Springs. To this end, Cohen and Associates has conducted extensive investigations of community Opinion leaders, reviewed the experiences of other similar communi— ties, and examined relevant research. Our policy is not to provide our clients with only one definitive conclusion; rather, we provide the results of our investigations to provide our clients with multiple options. Our investigations show: 1. Belmont Springs offers a commercial private cable entrepreneur a very attractive package: a rapidly developing community with a high percentage of affluent families, a significant investment and interest in audio and telecommunications media and a higher than normal percentage of television and FM reception problems (especially the Chelsea Hills area). 2. Municipal ownership of the Belmont Springs' cable television system is another possibility. Our rough estimates show it would take approximately $3,000,000 to construct the cable system if con— struction began within the next few months. Contacts reveal that some city officials may be reluctant to have the city incur that degree of financial obligation in light of what they con- sider "more pressing problems". The use of 72 F l revenue bonds for construction is another possi- bility; however, the State Municipal Finances Com— mission has not issued a decision on whether such bonds can be used for cable television systems. If and when there is such a decision, we would suggest that Belmont Springs look closely to revenue bonds as a possible funding source because of the many tax advantages they offer. The National Cable Television Association, the commercial industry association, has a history of lobbying against municipal ownership. It has recently begun a ”public awareness“ campaign in Norwalk, and should Belmont Springs propose such ownership, the N.C.T.A. would no doubt initiate similar tactics. This in itself should not deter a city from adopting municipal ownership, but such opposition may slow or jeopardize the cable decisionmaking process. 3. A strictly noncommercial form or ownership, while offering several advantages, may face obstacles in becoming a viable ownership alternative in Belmont Springs. Sufficient community interest exists, but the chief barrier to such ownership is lack of money. It appears that there is no foundation money or federal support available in the amounts required to construct a cable system for Belmont Springs. Such a group could Obtain "seed capital“ loans, loan guarantees, subsidized interest pay- ments, or tax-oriented partnerships however. Questions regarding rates, services, and other policies will arise whether the owner is an M.S.O., munici- pal government, or noncommercial corporation. Such policy choices are independent of ownership. However, the city should examine closely all alternatives and select the form of ownership which appears to provide a structure most con- ducive to achieving the local interest, wants, and needs concerning cable television. .._4 “._: 73 DECISION EXPLANATION SHEET #3 The Decision: According to the information given, private ownership appears to be the most realistic choice for ownership of cable television in Belmont Springs. As runner-up comes municipal ownership with noncommercial ownership the least feasible form. This decision is worth points. If your selection for ownership was correct, give your team points for the right decision and more points if your reasons were the same as or very similar to the reasons stated below. Read the explanations and mark your scorecard. If your group selected municipal ownership score points for your decision and up tO' more points if your reasons follow those given below. If noncommercial ownership was the group selection, enter 0 points for this decision. The Explanation: Ownership is one of the delicate issues for which there is no one correct answer. Private ownership of the cable system in Belmont Springs was selected because it appeared to have the best chance of becoming reality in the near future.. The C.O.G. community study revealed Belmont Springs as a very attractive market for cable television: a rapidly developing community with a high percentage of affluent 74 families, a significant investment and interest in audio and telecommunications media, and a higher than normal percentage of television and FM reception problems (especially in the Chelsea Hills area). The privately owned cable companies were aware of the market and approached the city Officials to initiate action on cable policy. These companies offer strong advantages: they generally have the financing avail- able, and they do have the experience and structure to effi- ciently operate a cable system. Some Of the disadvantages to private ownership can be controlled during the legislation and selection phases. Rules on cross ownership, rates and local control over the operation of the system can be generated to alleviate some of the negative aspects of a privately owned system. At this point in time, data on the successes of municipal ownership Of cable systems in metropolitan areas is very scarce. For that reason city Officials have generally been reluctant to commit tax assessments, general obligation bonds, or revenue bonds to finance a very expensive and yet unproven service. There was some indication that this was the case in Belmont Springs. Cable television must also compete for attention with other urban problems, such as drug abuse and transportation. Also, there is no guarantee that city owner- ship would produce better results: revenues may be used to "bail out" Other city services rather than reinvesting them in the cable system. 75 Municipal ownership, on the other hand, has been sug— gested by an ever-growing number of cable research groups. Properly structured, financed, and administered, it can provide residents with cable services at rates generally lower than a privately owned system, and there usually is more motivation (because the city is financing it) to seek local involvement in programming and services. The noncommercial form of ownership appeared to have the least chance Of becoming a reality. There was no in- formation given to suggest that there was any institution or consortium of community groups initiating such an effort. Securing the estimated $3,000,000 capital would pose a for- midable obstacle to this form of ownership. It should be noted that the forms Of ownership discussed above do not represent all possibilities. Several local com- munities have creatively combined two of the ownership options to best meet the needs of their commgnity. In doing so, local groups should examine the needs of their community, the resources available, and the form or forms of ownership that can best deliver those needs. There are several policy choices which are independent of ownership; questions regarding rates, services, and other policies will arise whether the owner is public or private. Local citizens have several opportunities after the form of ownership has been determined to be sure the services they desire in a cable system are present. Lilla- 76 DECISION POINT #4 The Situation: All C.O.G. subcommittees have completed the Examination EEEEE in the cable decisionmaking process by reporting their findings to the entire group. Your subcommittee reported it found private ownership of the cable system the alternative with the best chance of becoming reality in the near future. All C.O.G. findings are contained in a final study report which was submitted to the Belmont Springs City Council. That report was accepted and discussed briefly at the last regularly scheduled council meeting. At that time, Councilman Brandt suggested that Mr. Jerry Wald, Belmont Springs City Attorney, and the Cable Organizing Group work together on the Legislation Phase. The C.O.G. and the city attorney will work together to draft a city ordinance for cable television. The Task: Your group will now oontruct a simplified cable television ordinance for Belmont Springs. The G.O.D. will give you a Constructa-Ordinance Kit which contains various sections of a cable television ordinance. For each section there are two or more alternatives. Your group should choose what you believe to be the best of the alternatives for each section and con— struct your own ordinance. 77 NOTE: Cohen and Associates can assist your group in its decisionmaking. A report for a particular section may be obtained for $100 per section. Ask the G.O.D. for the desired report. The Decision: } For each section of the ordinance, enter the alternative chosen by the group in the space below: SECTION‘ ALTERNATIVE Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Section IX Section X 78 CONS TRUCTA-ORDINANCE KIT Introduction The purpose of a city ordinance for cable television is to develop a law listing the specifications and obligations that will govern the franchising of a local cable television operator. Actual city ordinances of cable television are long, involved legal documents. The Constructa-Ordinance Kit is an attempt to give your group an introduction to dealing with such documents. The Procedure l. The city ordinance will be composed of ten (10) sections. For each section there are at least two alternatives. 2. Read the alternatives carefully. Check to be sure they are legal under current F.C.C. cable television regulations (enclosed), and then make your selection by marking the alternative letter on the Decision Sheet. Watch-out for details! 79 .- I 3.3% . “w E' E 7'. , 1. 1453?: r?” ‘E‘ “A; f . 2‘“: Cable Television Service 1972 80 NOTE The following pages are excerpts from the Federal Com- munications Report and Order on Cable Television Service, issued February, 1972. The entire set of rules is some ninety (90) pages long. The excerpts which follow deal with issues raised in Deci 8 ion Point #4 . 81 Title 47—IELEBIIMMUNIBATION Chapter l—Federul Communications Commission [NO 12-103; Dockets Nos. 1889?. 103974. 10373. lane. 18892. and 13894] CABLE TELEVISION SERVICE; CABLE TELEVISION RELAY SERVICE I. Innosccrron 1. In our Notice of proposed rule mak- ing and notice of inquiry in Docket 18397. we launched an inquiry into the long- range development of cable television.’ Our purpose was to explore: ° ° ° [Blow best to obtain. consistent with the public interest standard of the Communications Act. the full benefits of developing communications technology for the public. with particular immediate refer- ence to CATV technology and potential services ° ° ° Though designed as a vehicle for eliciting comments and data. our notice recog- nized the variety of possible services that cable systems could offer. We did not at- tempt an all-inclusive listing of cable's potential uses. but took note of many.” 8. The preceding is illustrative of the range of regulatory controversy that has surrounded the cable television industry In recent years. Technological advances have multiplied the issues. At first. cable television systems served largely to pro- vide subscribers with better quality re- ception and more channels of conven- tional broadcast television programing. While need for these services continues. Increasingly sophisticated cable technol- ogy and cost reductions and improve- ments in the quality of program origi- nation equipment have made possible Increased channel capacity. low cost nonbroadcast programing. and a sub- scriber response capability. The con- fluence of these developments provides the basis for the next stage in cable tele- Vision‘s evolution with which the rules n0w adopted are concerned. Additional I3431'vices and further technological de- v810pments are under study as part of the industry's more distant future. k 10 u [Placsimile reproduction of newspapers. magazines. documents. etc.: electronic mail delivery; merchandising: business concern link; to branch offices. primary customers or Suppliers: access to computers; eg. man to romputer communications in the nature of “Cum-y and response (credit checks. airlines reservaticns. branch banking. etc), infor- mation retrieval (library and other reference n‘a'vel'ial. etc.), and computer to computer mmunicatlons: the furtherance of various Eg‘wrnmentai programs on a Federal. State. lc ‘1 municipal level; eg, employment serv- In” and manpower utilization. special com- negnlcations systems to reach particular c0 Bhborhoods or ethnic groups within a otmnmnity, and for municipal surveillance 1, Dunne areas for protection against crime. tn detection. control of air pollution and Statue: various educational and training pro- 8c the: e.g.. job and literacy training. pre- 1'! 001 programs in the nature of 'Project Bums-damn.- and to enable professional groups mg}! as doctors to keep abreast of develop- 10 fits in their fields: and the provision of a W cost outlet for political candidates. adver- O't‘SQPa. amateur espresslon (e.g., community University drama groups) and for othu' q erately funded organisations or persons ‘Qalring access to the community or a par- : er segment of the community.” 15 1'00 417. 430. II. Tsrsvrsron Browcssr SIGNAL CARRIAGI PROPOSALS AND ALTERNATIVES Educational Stations 94. The principal concern of noncom- mercial edimtional broadcasters with signal importation is not reduction in audience size but possible erosion of local support among cable television sub- scribers. The rule we are adopting will permit carriage of distant educational stations in the absence of objection from local educational stations or educational television authorities. 95. Educational television interests are concerned about such a rule only to the extent that it might involve them in difficult and expensive process. We recognise the difllculties that educational interests face if forced to spend time and money in protracted litigation before the Commission and will accordingly attempt to settle any questions that may arise through informal procedures. We will give their objections careful considera- tion. aid will endeavor to work out accommodations that serve the public interest. In the absence of objection. however, the widest possible dissemina- tion of educational and public television programing is clearly of public benefit and should not be restricted. The rules require cable systems to carry. on re- quest. all educational stations within 35 miles and those placing a Grade B con- tour over the cable community. We are continuing to require that local educa- tional stations and local and State edu- cational authorities receive direct noti- fication of proposals by cable television systems to carry educational stations. While all objections will be carefully considered. we do not ordinarily antici- pate precluding carriage of State-oper- ated educational stations in the same State as the cable community. 112. The Commission will issue public notices of all applications for certificates of compliance. Cable systems must give direct notice to local franchising au- thorities. local television stations. the superintendent of schools in the com- munity. and local educational television authorities. Objections to proposed cable service may be made within 30 days after the Commission's public notice. Contro- versies concerning carriage (Subpart D) and network program exclusivity (l 76.91) will be acted on in the certifi- cating process if raised within 30 days of the public notice. Such matters may be raised at any time and will be con- sidered under the special relief rules but outside the certificating process. The Commission will not certify new opera- tions for 30 days after public notice and. whether or not objection is filed, a cable system may not commence new service before receipt of a certificate of compli- ance from the Commission. III. Access to sun Us: or Nonsaosccss'r Camus 117. In its notice of proposed rule making in Docket 18894. the Commission stated that: Cable television oflers the technological and economic potential of an economy of abundance!I On the basis of the record now as- sembled. we believe the time has come for cable television to realize some of that potential within a national com- munications structure. We recognize that in any matter involving future pro- Jections. there are necessarily certain imponderables. These access rules consti- tute not a complete body of detailed reg- ulations but a basic framework within which we may measure cable's techno- logical promise. assess its role in our na- tionwide scheme of communications. and learn how to adapt its potential {or energetic growth to serve the public. CHANNEL CAPACITY 1 18. Confronted with the need for more outlets for community expression on the one hand and. on the other. with cable television's capacity to provide an abundance of channels. we asserted in our second further notice of proposed rule making in Docket 18397-A the prin- Ciple that the Commission “° ° ° must make an effort to ensure the development 01’ sufficient channel availability on all new CATV systems to serve specific rec- ognized functions.” " 1 19. Most cable system operators and many others argue against the proposed establishment of a fixed minimum chan- nel capacity. Some comments in Docket 18894 went further and suggested that the entire matter of channel capacity be left to experimentation.“ While it is true that many existing cable systems have large channel capacities and seem at lea-St technologically prepared to meet foresaleable demand. there are many sys- "13 apparently content to provide only brofidcmt signal carriage with no plans expand service capabilities. 120- We envision a future for cable in ‘Vrshlch the principal services. channel beef- and potential sources of income will e rom other than over-the-air signals. are nOte 40, 50. and 80 channel systems (to currently being installed in some tWee unlties. The cost' difference be- a. 20 21 building a 12 channel system and suchannel system would not appear to an d betantial.“ We urge cable operators that, franchising authorities to consider Ceeq llture demand may significantly ex- them clll'rent projections. and we put ins1st on notice that it is our intention to ’ 0n the expansion of cable systems weaocommodate all reasonable demands. everwish to proceed conservatively. how- ecOn' t4) avoid imposing unreasonable cormoinlc burdens on cable operators. Ac- ch n81y, we will not require a minimum 1 00 m e1 capacity in any except the top that. a-!‘Itets. In these markets. we believe tehtl 20 channel capacity (actual or po- tl1§ “1) is the minimum consistent with to, Dubiic interest. We also require that 3&3 each broadcast signal carried. cable mtf‘e‘m in these markets provide an ad- om“ channel e mm in width suitable 82 for transniasion of Class II or Class III signals. This seems a reasonable way to obtain necessary minimum channel ca- pacity and yet gear it to particular com- munity needs. We emphasize that the cable operator cannot accept the broad- cast signals that will be made available without also accepting the obligation to provide the nonbroadcast bandwidth and the access services described below. The two are integrally linked in the public interest judgment we have made. DESIGNATED CRANK!” 121. Broadcast signals are being used as a basic component in the establish- ment of cable systems. and it is there- fore appropriate that the fundamental goals of a national communications structure be furthered by cable—the opening of new outlets for local expres- sion. the promotion of diversity in tele- vision programing. the advancement of educational and instructional television. and increased informational services of local governments. Accordingly. cable television systems will have to provide one dedicated. noncommercial public access channel available without charge at all times on a first-come, first-served nondiscriminatory basis and. without charge during a developmental period. one channel for educational use and another channel for local government use. We have already imposed an obliga- tion on systems with 3.500 or more sub- scribers to originate programing and are now requiring that the origination channels be specifically designated. 122. Public access channel. It has long been a Commission objective to foster local service in broadcasting. To this end we have encouraged the growth of UHF television. and have looked to all broad- cast stations to provide community- oriented programing. We expect no less of cable. In our July 1. 1970 notice we stated: The structure and operation of our system of radio and television broadcasting affects. among other things. the sense of “com- munity" of those within the signal area of the station involved. Recently governmental programs have been directed toward increas- ing citizen involvement in community aflairs. Cable television has the potential to be a vehicle to much needed community expression! We believe there is increasing need for channels for community expression. and the steps we are taking are designed to serve that need. The public access channel will oiler a practical Opportunity to participate in community dialogue through a mas medium. A system opera- tor will be obliged to provide only use of the channel without charge. but pro- duction cost (aside from live studio pres- entations not exceeding 5 minutes in length) may be charg to users. __‘_":::?3 123. Educational access channel. It is our intention that local educational au- thorities have access to one designated channel for Instructional programing and other educational purposes. Use of the educational channel will be without charge from the time subscriber service isinaugurateduntilsyearsaflertbe completion a! the cable system's basic trunk line. After this developmental period—designed to encourage innova- tion in the educational uses of televi- sion—we will be in a more informed posi- tion to determine in consultation with State and local authorities whether to expand or curtail the free use of channels for such purposes or to continue the developmental period. The potential uses of the educational channel are varied. An important benefit promises to be greater community involvement in school affairs. It is apparent. for instance. that com- bined with two-way capability. the qual- ity of instructional programing can be greatly enhanced. Similarly. some en- vision significant advanws in the edu- cational field by the linking of computers to cable systems with two—way capap bility.‘I For the present. we are only requiring that systems provide an educational channel and. as noted below. some return communication capability. and will allow experiments in this field to proceed apace. 124. Government access channel. The Government access channel is designed to give maximumlatitude for use by local governments. The suggestions for use range across a broad spectrum and it is premature to establish precise require- ments. As with the educational channel. use of the Government channel will be free from the time subscriber service is inaugurated until 5 years after the com- pletion of the cable system's basic trunk line. at which time we will consider whether to expand or curtail such free use or to continue the developmental period. LEASE!) ACCESS CHANNILB 125. In addition to the designated channels and broadcast channels. cable systems shall make available for leased use the remainder of the required band- width and any other available bandwidth (e.g., if a channel carrying broadcast programing is required to be blacked out because of our exclusivity rules or is otherwise not in use. that channel also may be used for leased access purposes). Additionally. to the extent that the pub- lic. education. and Government access Channels are not being used. these chan- nels may also be used for leased opera- tion_ But such operations may only be undertalrer'l on the express condition that they are subject to immediate displace- !Dent if there is demand to use the chan- nel 1 or the dedicated purpose. “FUSIOK 0' CAPACITY 126.0111- basic goal is to encourage cable television use that will lead to con- 8Mummy expanding channel capacity. Cfible systems are therefore required to make additional bandwidth available as the demand arises. There are a number °‘ W: to meet this general objective. 83 Initially. we intend to use the following formula to determine when a new chan- nel must be made operational: whenever all operational channels are in use dur- ing 80 percent of the weekdays iMonday- Friday), for 80 percent of the time dur- im an cmsecutive S-bour period for 6 week: running. the system will then have Gmonthsinwhichtomakeanewcham nel available. This requirement should encourage use of the system with the knowledge that channel space will al- ways be available. and also encourage the cable operator continually to expand and update his system. On at least one of the leased channels part-time users must be given priority. We plan at a later date to institute a proceeding with a view to assuring that our requirement of capacity expansion is not frustrated through rate manipulation or by any other means. This proceeding will also deal with such open questions as rates charged for leased channel operations. 12?. We are aware of the possibility that the formula may impose undue burdens on system operations. If it were necessary to rebuild or add extensive new plant. this could not reasonably be ex- pected within a 8-month period. The requirement for activating new capacity within 6 months is based on our under- standing that only relatively modest ef- fort ls involved in converting existing potential to actual capacity. These con- siderations. however. point up the neces- sity for building now with a potential that takes the future into account. Be- causethispartofourprogramisarel- atively uncharted area. we will make it a matter for continuing regulatory concern. TWO-WAY CAPACITY 128. On review of the comments re- ceived and our own engineering esti- mates. we have decided to require that there be built into cable systems the capacity for return communication on at least a non-voice basis. Such construc- tion is now demonstrably feasible." Two- way communication. even rudimentary in nature. can be useful in a number of ways—for surveys. marketing services. burglar alarm devices. educational feed— back, to name a few. 129. We are not now requiring cable systems to install necessary netum com- munication devices at each subscriber terminal. Such a requirement is prema- ture in this early stage of cable's ,evolu- tion. It will be sufficient for now that each cable system be constructed with the po- tential of eventually providing return communication without having to en- gage in time-consuming and costly sys- tem rebuilding. This requirement will be met if a new system is constructed either with the necessary auxiliary equipment (amplifiers and passive devices) or with equipment that could easily be altered to provide return service. When offered. ac- tivation of the return service must al- ways be at the subscriber's option. :uurrons Arrucsau 'ro Currants semi-mo Noasaoancasr Paoouumo 30. We now turn to the question of regulation of access channels pre- ting nonbroadcast programing. We eve that such regulation is properly concern 01’ this Commission. These nnels fulfill Commxmications Act poses and. in the context of our total gram, are integrally bound up with broadcast signals being carried by le. It is by no means clear that the wing public will be able to distinguish ween a broadcast program and an ac- I program; rather, the subscriber . simply turn the dial from broadcast access programing. much as he now acts television fare. Moreover. leased nnels will undoubtedly carry inter- nected programing via satellite or in- ;tate terrestrial facilities. matters that clearly within the Commission’s ju- nction. Finally. it is this Commission t must make the decisions as to con- ons to be imposed on the operation of ' cable channels. and we have already en steps in that direction. (See 176. ). Federal regulation is thus clearly .ed for. 31. There remains the issue of ether also to permit State or local ulation of these channels where not onsistent with Federal purposes. We air that in this area a dual form or ulation would be confusing and im- .ctlcable. Our objective of allowing a iod for experimentation might be lpardized ii'. for example, a local en- ! were to specify more restrictive reg- .tions than we have prescribed. Thus. :ept for the Government channel, local rulation of access channels is pre- ded. I! experience and further pro- :dings indicate its need or desirability. can then delineate an appropriate a1 role.“ l32. Because of the Federal concern. al entities will not be permitted, ab- lt a special showing. to require that mnels be assigned for purposes other m those specified above. We stress rim that we are entering into an ex- -imental or developmental period. us. where the cable operator and .nchising authority wish to experiment providing additional channel capac- ior such purposes as public, educa- nal. and Government access—on a e basis or at reduced charges—we will 'ertaln petitions and consider the ap- >priateness of authorizing such experi- nts. to gain further insight and to .de future courses or action." In nmunities outside the top 100 markets ere access channels are not required the Commission. we will permit local thorities to require access services. long as they are not in excess of what require for the major markets. .33. The question of what regulations should impose at this time is most licult. Our Judgments on how these :ess services will evolve are at best in- tive. We believe that the best course to proceed with only minimal regula- n in order to obtain experience. We phasize. therefore. that the regulatory item is interim in nature—that we .y alter the program as we gain the :essary insights. 84 PRPDUCTION PACILITIIB 142. It is apparent that our goal of creating a low-cost. nondiscriminatory means of access cannot be attained un- less members of the public have reason- able production facilities available to them. Weexpectmatmanvcahlesys- tems will have facilities with which to originate programing that will also be available to produce program material for public access. Hopefully. colleges and universities. high schools. recreation de- partments. churches. unions. and other commimity groups will have low-cost video-taping equipment for public use. In any event. we are requiring that the cable operator maintain within the fran- chise area production facilities for use on the public access channel. 143. In this experimental stage. it would be sell-defeating to require cable systems to carry access programing and at the same time meet stringent technical standards. Thus. for the present. our technical standards will apply only to Class I channels (those used to distribute broadcast programing—see £76.5(s) of the rules). We note specifically that the use of halt-inch video tape is a growing and hopeful indication that low-cost recording equipment can and will be made available to the public. While such equipment does not now meet our tech- nical standards for broadcasting. there is promise of its improvement and refine- ment. Further. since it provides and in:- erpensive means of program production. we see no reason why technical develop- ment of this nature should not be en- couraged for use on cable systems. 144. Elaborate suggestions have been made for comprehensive community con- trol plans such as neighborhood origina- tion centers and neighborhood councils to oversee access channels. Here again the Commission will encourage experi- mentation rather than trying to impose a more formal structure at this time. APPLICABILITY 147. These access rules will be appli- cable to all new systems that become op- erational after March 31. 1972 in the top 100 television markets. Currently operat- in'g systems in those markets will have 5 years to comply fully with this section. We focus here on the top 100 markets because we have selected these markets as the recipients of certain benefits in order to stimulate cable growth. But. correspondingly. that growth should be accompanied by accesss obligations if the public is to receive the full benefits of this program. Further. cities in the top 100 markets have. as a general rule. more diverse minority groups (ethnic. racial. economic. or age) who are most greatly in need of both an opportunity to express their views and a more efficient method by which they can be apprised of gov- ernmental actions and educational op- portunlties. To the extent that the ac- cess requirements pose problems for sys- tems operating in small communities in major markets. such systems are free to meet their obligations through joint building and related programs with cable operators in the larger core areas. 0.- .‘.5 _-¢ av IV. Tscnmcxx. Susanna 178. Franchising. We are requiring that before a cable system commences operation with broadcast signals, it must obtain a certificate of compliance from the Commission. The application for such a certificate must contain (5 76.31 (al( 1)) a copy of the franchise and a detailed statement showing that the franchising authority has considered in a public proceeding the system operator's legal. character, financial. technical. and other qualifications. and the adequacy and feasibility of construction arrange- ments. We expect that franchising au~ thorities will publicly invite applications. that all applications will be placed on public file. that notice of such filings will be given. that where appropriate a public hearing will be held to afford all inter- ested persons an opportunity to testify on the qualifications of the applicants. and that the franchising authority will issue a public report setting forth the basis for its action. Such public partici- pation in the franchising process is nec- essary to assure that the needs and desires of all segments of the community are carefully considered. 180. Franchise area. Another matter uniquely within the competence of local authorities is the delineation of fran- chise areas. We emphasize that provision must be made for cable service to develop equitably and reasonably in all parts of the community. A plan that would bring cable only to the more affluent parts of a city. ignoring the poorer areas. simply could not stand. No broadcast signals would be authorized under such circum- stances. While it is obvious that a fran- chisee cannot build everywhere at once within a designated franchise area. pro- vision must be made that he develop service reasonably and equitably. There are a variety of ways to divide up com- munities; the matter is one for local judgment. 181. Construction. We are establishing in §76.3l(8.)(2) general timetables for construction and operation of systems to insure that franchises do not lie fallow or become the subject of trafficking. Specifically. we are providing that the franchise require the cable system to ac- complish significant construction within 1 year after the certificate of compliance is issued. and that thereafter energized trunk cable be extended to a substantial percentage of the franchise area each year. the percentage to be determined by the franchising authority. [is a general proposition. we believe that energized trunk cable should be extended to at least 20 percent of the franchise area per year. with the extension to begin within 1 year after the Commission issues its certifi- cate of compliance. But we have not established 20 percent as an inflexible figure. recognizing that local circum- stances may vary.” 85 182. Franchise duration. We are re- quiring in i 76.31(a) (3) that franchising authorities place reasonable limits on the duration of franchises. Long terms have generally been found unsatisfactory by State and local regulatory authorities." and are an invitation to obsolescense in light of the momentum of cable tech- nology." We believe that in most cases a franchise should not exceed 15 years and that renewal periods be of reasonable duration. We recognize that decisions of local franchising authorities may vary in particular circumstances. For instance. an applicant‘s proposal to wire inner- city areas without charge or at reduced rates might call for a longer franchise. 0n the other hand. we note that there is some support for franchise periods of less than 15 years." 185. Franchise lee. While we have de- cided against adopting a 2 percent limi- tation on franchise fees, we believe some provision is necessary to insure reason- ableness in this respect. First. many local authorities appear to have exacted high franchise fees more for revenue-raising than for regulatory purposes. Most fees are about 5 or 6 percent. but some have been known to run as high as 36 percent. The ultimate effect of any revenue-rais- ing fee is to levy an indirect and regres- sive tax on cable subscribers. Second. and of great importance to the Commission. high local franchise fees may burden cable television to the extent that it will be unable to carry out its part in our na- tional communications policy.“ Finally. cable systems are subject to substantial obligations under our new rules and may soon be subject to congressionally-im- posed copyright payments. We are seek- ing to strike a balance that permits the achievement of Federal goals and at the same time allows adequate revenues to defray the costs of local regulation 186. The Commission imposes an an- nual fee of 30 cents per subscriber to help finance its own cable regulatory program. Assuming average annual reve- nues to the cable system of $60 per sub- scriber. the Commission‘s fcc amounts to one—half of 1 percent of a system's gross receipts. The regulatory program to be carried out by local entities is different in scope and may vary from jurisdiction to juiisdiction. It is our judgment that maximum franchise fees should be between 3 and 5 percent of gross subscriber revenues. But we believe it more appropriate to specifv this per- centage range as a general standard. for specific local application. When the fee is in excess of 3 percent (including all forms of consideration. such as initial lump sum payments). the franchising authority is required to submit a show- ing that the specified fee is appropriate in light of the planned local regulatory program. and the franchisee must demonstrate that the fee will not inter- fere with its ability to meet the obliga- tions imposed by our rules. PART 76—CABLE TELEVISION SERVICE Subperi A—Oenerel § 76.7 Special relief. (a; Upon petition by a cable television system. an applicant. pennittee. or ii- censee of a television broadcast. trans- lator. or microwave relay station. or by any other interested person. the Com- mission may waive any provision of the rules relating to cable television systems. impose additional or different require- ments. or issue a ruling on a complaint or disputed question. (b) The petition may be submitted in- formally. by letter. but shall be accom-' panied by an affidavit of service on any cable television systems. station licensee. permittee. applicant. or other interested person who may be directly affected if the relief requested in the petition should be granted. (c) (i) The petition shall state the relief requested and may contain alterna- tive requests. It shall state fully and precisely all pertinent facts and con- siderations relied on to demonstrate the need for the relief requested and to sup- port a determination that a grant of such relief would serve the public interest. Factual allegations shall be supported by affidavit of a person or persons with actual knowledge of the facts. and ex- hibits shall be verified by the person who prepares them. (2) A petition for a ruling on a com- plaint or disputed question shall set forth all steps taken by the parties to resolve the problem. except where the only relief sought is a clarification or interpretation of the rules. (d) Interested persons may submit comments or opposition to the petition within thirty (30) days after it has been filed. For good cause shown in the peti- tion. the Commission may. by letter or telegram to known interested persons. specify a shorter time for such submis- sions. Comments or oppositions shall be served on petitioner and on all persons listed in petitioner‘s affidavit of service. and shall contain a detained full showing. supported by aflidavit. of any facts or considerations relied on. (e) The petitioner may file a reply to the comments or oppositions within twenty (20) days after their submission. which shall be served on all persons who have filed pleadings and shall also con- tain a detailed full showing. supported by aflldavit. of any additional facts or considerations relied on. For good cause shown. the Commission may specify a shorter time for the filing of reply comments. (f ) The Commission. after considera- tion of the pleadings. may determine whether the public interest would be served by the grant. in whole or in part. or denial of the request. or may issue a ruling on the coniplaint or dispute. The Commission may specify other proce- dures. such as oral argument. eviden- tiary hearing. or further written submis- sions directed to particular aspects. as it deems appropriate. In the event that an evidentiary hearing is required. the Commission will determine. on the basis of the pleadings and such other proce- dures as it may specify. whether tempo- rary relief should be afforded any party pending the'hearing and the nature of any such temporary relief. 86 Subperi C—Federol-Sioie [Local Regulatory Relationships § 76.31 Franchise standards. (a) In order to obtain a certificate of compliance. a proposed or existing cable television system shall have a franchise or other appropriate authorization that contains recitations and provisions con- sistent with the following requirements: (1) The franchisee's legal. character. financial. technical. and other qualifica- tions. and the adequacy and feasibility of its construction arrangements. have been approved by the franchising authority as part of a full public proceeding af- fording due process: (2) The franchisee shall accomplish significant construction within one (1) year after receiving Commission certifi- cation. and shall thereafter equitably and reasonably extend energized trunk cable to a substantial percentage of its franchise area each year, such percent- age to be determined by the franchising authority; (3) The initial franchise period and any renewal franchise period shall be of reasonable duration; (4) The franchising authority has specified or approved the initial rates which the franchisee charges subscribers for installation of equipment and regu- lar subscriber services. No changes in rates charged to subscribers shall be made except as authorized by the fran- chising authority after an appropriate public proceeding affording due process; (5) The franchise shall specify proce- dures for the investigation and resolu- tion of all complaints regarding the quality of service. equipment malfunc- tions. and similar matters. and shall re- quire that the franchisee maintain a local business office or agent for these purposes; (6) Any modifications of the provi- sions of this section resulting from amendment by the Commission shall be incorporated into the franchise within one (1) year of adoption of the modifica- tion. or at the time of franchise renewal. whichever occurs first: Provided. how- ever. That. in an application for certifi- cate of compliance. consistency with these requirements shall not be expected of a cable television system that was in operation prior to March 31. 1972. until the end of its current franchise period. or March 31. 1977. whichever occurs first. (b) The franchise fee shall be reason- able (e.g.. in the range of 3—5 percent of the franchisee's gross subscriber reve- nues per year from cable television op- erations in the community (including all forms of consideration. such as initial lump sum paymentsi). If the franchise fee exceeds 3 percent of such reve- nues. the cable television system shall not receive Commission certification un- til the reasonableness of the fee is ap- proved by the Commission on showings. by the franchisee. that it will not inter- fere with the effectuation of Federal regulatory goals in the field of cable tele- vision. and. by the franchising authority. that it is appropriate in light of the planned local regulatory program. The provisions of this paragraph shall not be effective with respect to a cable television system that was in operation prior to March 31. 1972. until the end of its cur- rent franchlse period. or March 31. 1977, whichever occurs first. ”’1 "l’ .1 - Subparl G—Coblecosiing §76.201 Origination cablecasting in conjunction with carriage of broad- cast signals. (a) No cable television system having 3.500 or more subscribers shall carry the signal of any television broadcast station unless the system also operates to a sig- nificant extent as a local outlet by orig- ination cablecasting and has available facilities for local production and presen- tation of program other than automated services. Such origination cablecasting shall be limited to one or more desig- nated channels which may be used for no other purpose. §76.251 Minimum channel capacity; access channels. (a) No cable television system operat- ing in a community located in whole or in part within a major television market. as defined in i 76.5, shall carry the signal of any television broadcast station unless the system also complies with the follow- ing requirements concerning the avail- ability and administration of access channels: ( 1) Minimum channel capacity. Each such system shall have at least 120 MHz of bandwidth (the equivalent of 20 tele- vision broadcast channels) available for immediate or potential use for the to- tality of cable services to be offered: (2) Equivalent amount of bandwidth. For each Class I cable channel that is utilized. such system shall provide an ad- ditional channel. 6 MHz in width. suit- able ior transmission of Class II or Class III signals (see i 76.5 for cable channel definitions): (3) Two-way communications. Each such system shall maintain a plant hav- ing technical capacity for nonvoice re- turn communications; (4) Public access channel. Each such systemshallmalntainatleastonespe- cially designated. noncommercial public access channel available cm a first-come. nondiscriminatory buis. The system shall maintain and have available for public use at least the minimal equip- ment and facilities necessary for the pro- duction of programing for such a chan- nel. See also 5 76.201: (6) Education access channel. Each such system shall maintain at least one specially designated channel for use by local educational authorities: (6) Local government access channel. Each such system shall maintain at least one specially designated channel for local government uses: (7) Leased access channels. Having satisfied the origination cablecastlng re- quirements of § 76.201. and the require- ments of subparagraphs (4). (6). and (6) of this paragraph tor specially desig- nated access channels. such system shall oiler other portions of its nonbroadcast bandwidth. including unused portions of the specially designated channels. for leased access services. However. these leased channel operations shall be imder- taken with the express understanding that they are subject to displacement it there is a demand to use the channels (or their specially designated purposes. On at least one at the leased channels. priority shall be givm part-time users: 87 (8) Expansion of access channel capacity. Whenever all of the channels described in subparagraphs (4) through (7) at this paragraph are in use during 80 percent of the weekdays (Monday- Friday) for 80 percent of the time during any consecutive 3-hour period for 6 con- secutive weeks. such system shall have 6 months in which to make a new channel available for any or all of the above- described purposes: (9) Program content control. Each such system shall exercise no control over program content on any of the channels described in subparagraphs (4) through (7) of this paragraph: however. this limitation shall not prevent it from taking appropriate steps to insure com- pliance with the operating rules de- scribed in subparagraph (11) of this paragraph: (10) Assessment of costs. (1) From the commencement of cable television serv- ice in the community at such system tmtil five (5) years after completion of the system's basic trunk line. the chan- nels described in subversgraphs (5) and (6) of this paragraph shall be made available without charge. , (ii) One of the public access channels described in subparagraph (4) of this paragraph shall always be made avail- able without charge, except that produc- tion costs may be assessed for live studio presentations exceeding 5 minutes. Such production costs and any fees for use at other public access channels shall be consistait with the goal or affording the pimlic a low-cost means of television access; (11) Operating rules. (i) For the pub- lic access channel“). such system shall establish mles requiring first-come non- discriminatory access; prohibiting the presentation 01’: Any advertising mate- rial designed to promote the sale of com- mercial products or services (including advertising by or on behalf oi candidates for public omce); lottery information: and obscene or indecent matter (modeled after the prohibitions in it 76.213 and 76.215. respectivew); and permitting public inspection of a complete record of the names and addresses of all persons or groups requesting access time. Such a record shall be retained for a period of 2 years. (ii) For the educational access chan- nel(s). such system shall estabish rules prohibiting the presentation of: Any advertising material designed to promote the sale of commercial products or serv- ices (including advertising by or on be- half of candidates for public office): lottery information: and obscene or in- decent matter (modeled after the pro- hiutions in ii 76.213 and 76.215. respec- tively) and permitting public inspection ot a complete record of the names and addresses of all persons or groups re- questing access time. Such a record shall be retained for a period or 2 years. (iii) For the leased channel(s). such system shall establish rules requiring first-come. nondiscriminatory access: prohibiting the presentation of lottery information and obscene or indecent matter (modeled after the prohibitions in u 76.213 and 76.215. respectively) : re- quiring sponsorship identification (see 5 76.221); specifying an appropriate rate schedule and permitting public inspec- tion of a complete record of the names and addresses of all persons or groups requesting time. Such a record shall be retainedtorapenod otZyears. (iv) The operating rules governing public access, educational. and leased channels shall be filed with the Commis- sion within 90 days after a system first activates any such channels. and shall be available for public inspection at the system's ofiices. Except on specific au- thorization, or with respect to the opera- tion of the local government access chan- nel. no local entity shall prescribe any other rules concerning the number or manner of operation of access chan- nels: however. franchise specifications concerning the number of such channels for systems in operation prior to March 31. 1972, shall continue in eifect. (b) No cable television system located outside of all major television markets shall enter into any contract. arrange- ment. or lease for use of. its cablecasting facilities which prevents or inhibits the use of such facilities for a substantial portion of time (including the time pe- riod 6—11 pm.) for local programing de- signed to inform the public on contro- versial issues of public importance. PART 78—-CAILE TELEVISION RELAY SERVICE Subpan B—Applicotions and license: 5 78.11 Permissible service. (a) Cable television relay stations are authorized to relay television broadcast and related audio signals. the signals of standard and FM broadcast stations. sig- nals of instructional television fixed sta- tions. and cablecastlng intended for use solely by one or more cable television systems. LDS stations are authorized to relay television broadcast and related audio signals. the signals of standard and FM broadcast stations. signals oi instructional television fixed stations. cablecasting. and such other communi- cations as may be authorized by the Commission Relaying includes retrans- mission of signals by intermediate relay stations in the system. CAR licensees may interconnect their facilities with those of other CAR or common carrier licensees. and may also retransmit the signals of such CAR or common carrier stations. provided that the program ma- terial retransmitted meets the require- ments of this paragraph. 88 Title 47—TElEO0MMUNIBATIUN Chapter I—Federal Communications Commission [Docket No. 18397 etc.; F‘CC 72-530] PART I—PRACTICE AND PROCEDURE PART 76—CABLE TELEVISION SERVICE Reconsideration of Report and Order ACCESS TO AND USE OF NONBROAFCAST CHANNELS 75. Smaller market minimum chan- nel capacity. Pubii-Cable. Inc. suggests that we complement the minimum chan- nel capacity rules with a requirement that new systems in smaller markets have a minimum of 12 channels and that existing systems in these markets have 5 years (or until the renewal of their franchises. whichever occure first) to at- tain a 12-channel capacity. 79. We do not find these arguments persuasive. In our rules dealing with channel capacity. our goal was to insure that cable systems in major markets would not underbuild. "We urgeldl cable operators and franchising authorities to consider that future demand may sig- nificantly exceed current projections. and we put them on notice that it is our intention to insist on the expansion of cable systems to accommodate all reasonable demanda'” We believe this consideration to be controlling and find it difl‘icmt to believe that cable operators will not carry all the broadcast signals available to them. 80. Number 0] designated access chan- nels. Publi—Cable. Inc., the National As- sociation of Educational Broadcasters (NAEB), and the National Education As- sociation (NEA) have questioned what they regard as an unduly severe limita- tion on the number of designated access channels to be provided by cable systems pursuant to t76.251(a) (4). (5). and (6) of the rules. They argue. particularly with respect to educational channels. that the potential for use far exceeds the limit of one channel. NEA has sug- gested. once more. that a minimum of 20 percent of system capacity be set aside for educational use. 81. It should be noted at the outset that, while one educational access chan- nel is the minimum required, we spe- cifically provide in £76.251(a)(8) for adding more access channels should the need for such channels be adequately demonstrated. Thus we envision an or- derly growth of access channels. linked to demand.' In addition. in the Cable Television Report and Order we stated that after a developmental period (to be- gin from the commencement of service until 5 years after completion of the basic trunk line) “designed to encourage in- novation in the educational uses of tele- vision—we will be in a more informed position to determine in consultation with State and local authorities whether to expand or curtail the free use of chan- nels for such purposes or to continue the developmental period." "' Clearly. as we have stated. this is an area which we will revisit. But without the further knowl- edge which can be gained only from al- lowing cable systems to experiment with- in our initial framework. we are not in- clined to add extra burdens to the access requirements. Finally. we are in no way restricting arrangements between the local entity and the cable operator to provide specified numbers of channels for educational purposes on a paid basis. Such arrangements constitute the very type of new service which cable can and should provide. Further. we will enter- tain petitions from the franchising au- thority and the cable system when they wish to experiment with additional desig- nated channels on a free basis or at re- duced rates. PEDEBAL-STATE/LOCAL RELATION SHIPS 110. Multiple franchising. Publi-Cable. Inc.. urges the Commission to adOpt more comprehensive rules encouraging multi- ple franchise arrangements for large cities and promoting more citizen partic- ipation. As we noted in the Cable Tele- vision Report and Order, we are looking forward to a period of experimentation in the development of cable television. While Publi-Cable's comments on the de- sirability of multiple franchising and citizen participation are valuable and hopefully will be implemented in various localities. it would be premature at this time to institute specific comprehensive rules of this nature. We are attempting to give great latitude to local entities to experiment with the various regulatory and franchising modes for cable televi- sion. We do not wish to hamper that flexibility any more than is necessary. 89 111. Franchise duration. Publi-Cable also argues that franchises should be limited to 10 years, with renewal periods not to exceed 3 years. In §76.3l(a)(3) of our rules, we required only that initial franchise periods and renewals be of “reasonable duration." We noted in the report and order, however, our general belief that a franchise period should not exceed 15 years. While there may be sit- uations where a lS-year franchise pe- riod is inappropriate, it appears to be a reasonable point of departure. Because our requirement of “reasonable duration" seems to have confused some parties, we have decided that our rules should more directly reflect the statements made in the report and have therefore now set 15 years as the standard to be followed (See revised 3 78.31 (a) (3) ). If good cause can be shown in a particular instance for some other franchise period. we will of course entertain such a documented showing in a petition for special relief. 114. Interconnection of franchise areas. The National Association of Edu- cational Broadcasters is concerned with how cable is to develop to assure the in- terconnection of franchise areas (region- ally or statewide) and the adequate plan- ning of equitable service expansion from urban to rural areas. Petitioner argues that local officials may not be able to meet such a challenge for compatible de- velopment and interconnection across political boundaries. Again. we feel that it would be premature to codify such rules as the petitioner suggests. How- ever. we do agree with the NAEB that such guidelines should be identified as a priority problem for the Cable Tele- vision Advisory Committee on Federal- Btate/local relationships. 90 Section I: Term of Franchise (Alternative A) Any franchise issued pursuant to this ordinance shall be a non-exclusive franchise for a term of years not to exceed five (5) years, as the Council may approve and shall be issued in the form to be determined by the Councils Section I: Term of Franchise (Alternative B) No franchise granted hereunder, nor any renewal thereof, sfliall be for a term of more than fifteen (15) yearso A re- ruawal may be granted not more than two (2) years prior to tile expiration of any existing termo _ §§H2tion I: Term of Franchise (Alternative C) The franchise to be granted by the City of Belmont Springs pursuant to this Act shall grant to the Franchisee tiles right, privilege and franchise to construct, operate and maintain a cable television system in the streets and roads or? IBelmont Springs for a period of ten (10) years from and after the grant and acceptance date of the franchise to be éhiétrded subject to the conditions and restrictions as here- 11'1 a fter provided . K §§§<2rtion II: Selection of Franchisee (Alternative A) The application for such a franchise to install, con— Stinflict, maintain or operate a cable television system in thLGB City of Belmont Springs shall be made in writing to the Co'llrlcil. Such an application shall include as much detailed in-ifcxrmation as possible to assist the Council in selecting the best possible franchisee. ' \ 91 Section II: Selection of Franchisee (Alternative B) In selecting a franchisee pursuant to this ordinance, the City shall prepare a Request for Proposal (RFP) to seek bids for a cable television system to be established by the City. This RFP will contain a map of the territory to be served, a statement of the applicant’s legal, financial and technical qualifications, and a detailed listing of cable programming and services to be provided. The RFP will also contain instruction for filing proposals and the criteria to be used in evaluating proposals. ‘ Section III: Franchise Fees (Alternative B) The franchisee shall pay to the City of Belmont Springs fcur each calendar year or fraction thereof during the term of tilis franchise, three (3%) percent of the gross annual reuceipts from Operation of the proposed service; provided, tfllért every such annual payment shall not be less than three thousand dollars ($3,000) . ¥ §Si$§tion III: Franchise Fees (Alternative A) During the term of any franchise granted pursuant to this ordinance, the franchisee shall pay to the City for the uEBGE: of its streets, public places, and other facilities, as W€=JL21 as the maintenance, improvements, and supervision there- of?.' an annual franchise fee in the amount of six (6%) percent of? ‘the annual Local Gross Revenues received by it from Opera- ti.c>11s conducted within the City. _-‘ Egrcrtzion IV: Franchise Fee Disbursement . (Alternative A) . All franchise fees collected pursuant to Section III of this ordinance shall be retained by the City and placed in thee (Iity's general fund to cover the overhead incurred by thea (Zity in the administration of this ordinance. \ 92 Section IV: Franchise Fee Disbursement (Alternative B) The City shall disburse eighty (80%) percent of the revenues from franchisees to the Cable Commission (estab- lished under Section X) for the develOpment of the public 'channels. The City shall retain twenty (20%) percent of the revenues from franchisees in the City”s general fund to cover City overhead expenses incurred in respect to adminis- tration of this ordinance or any franchises granted pursuant thereto. _ fiection V: Interconnection (Alternative A) The franchisee must interconnect its cable television §)’Srtem with all other contiguous cable systems, and must interconnect with other cable systems in the greater Norwalk InGitzropolitan area in such a way that subscribers can receive 't 62 channels of all interconnected systems at any time° _‘ Interconnection (Alternative B) Egtion V: The franchisee will be required to interconnect its Cable television system with any other system operating in an adjacent territory. Such interconnection shall be made within sixty (60) days of a request made by the City. For E3<3>Odcause shown, the franchisee may request reasonable ex- eIizsions of time to comply with the requirements. \ mion VI: The franchisee's distribution system shall initially be :iéiIPEible of carrying at least forty (40) channels of tele- tision breadth, on a dual trunk and single-feeder construc- di-On. The system shall also provide simultaneous reverse sirection signal capability for digital, audio, and video ignal transmission. .~___m~___‘ Number of Channels (Alternative A) 93 Section VI: Number of Channels (Alternative B) The cable television system to be installed by the fran- chisee shall initially be capable of carrying at least twenty (20) channels of television breadth on a single cable con- struction. Said system must also provide two~way response capability. Section VII: Public Service Installations (Alternative A) The franchisee shall, without charge for installation, maintenance, material, or service, install its cable tele- vision service outlets at all fire and police stations, all classrooms in public and private schools within the City, including the Garfield Community College and the area voca- tional technical college: make installations to the City Hall, all public buildings, and all public libraries. No monthly service charges shall be made for distribution of the fran— chisee's signals within such facilities. Section VII: Public Service Installations (Alternative B) It shall be the responsibility of the franchisee to make single installations of its standard cable television service to public and private schools within the franchise area, in- cluding Garfield Community College and the area vocational technical college. Single installations shall also be made at all fire and police stations, the City Hall, public build» ings, and all public libraries. Such installations shall be made at such reasonable locations as shall be requested by the respective units of government or educational installa- tions. No monthly service charges shall be made for distribu~ tion of the franchisee's signals within such facilities. Section VIII: Rates of Subscribers (Alternative B) The franchisee shall not, in its rates or charges, make or grant preference or advantages to any subscriber or poten- tial subscriber to the cable television system, and shall not subject any such persons to any prejudice or disadvantage. 94 Section VIII: Rates to Subscribers (Alternative A) The franchisee shall submit a full listing of subscriber and user service rates to the City for approval. Such list- ing shall include connection charges and monthly rates for single and multiple dwelling subscribers, hotels and motels, and rates for special classes of users to include senior citizens and welfare recipient subscribers. Section IX: Censorship (Alternative A) It shall be the responsibility of the franchisee to meet all existing F.C.C° regulations pertaining to censorship and additionally determine if material cablecast over the cable system meets local standards for obscenity, whether programs are fraudulent, defamatory, or otherwise illegal. Section IX: Censorship (Alternative B) The franchisee shall comply with existing F.C.C° regula— tions pursuant to obscenity, lotteries and advertising over public channels, but is otherwise prohibited from censoring any program cablecast over public channels. Section X: Regulatory Body (Alternative A) A separate agency or regulatory body shall be estab- lished by the City to oversee the operation of the franchisee. The agency shall be composed of members appointed by the Council who reside within the franchise area. Section X: Regulatory Body (Alternative B) The City of Belmont Springs Council shall appoint five residents to serve as members of a regulatory body to: 1. monitor compliance of franchisee with ordinance provisions, 2. plan future uses of cable television services, 3. review franchisee’s records, 4. make recommendations on the rate structure, 5. stimulate the use of public channels, and in general, oversee cable operations to protect the interest of the City. 95 W TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Term of Franchise Our examination of other cable systems reveals that similar systems begin to make a profit at about the seventh year of operation. This is an important factor in determining what constitutes a fair rate of return on the operator's investment. W TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Selection of Franchisee From our examination of existing cable television ordinances, we found the better ordinances included a selection of franchisee process that afforded due process and established a specific procedure for the evaluating of applicant's proposals. 96 W TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Franchise Fees In its 1972 Cable Television Service rules, the Federal Communications Commission established limits on the franchise fees that the Operator may pay the city. The F.C.C. suggested 3% of the operator's gross annual receipts as an equitable amount. The F.C.C. also said that any com- munity desiring a higher percentage must justify its claim in a special hearing; but even then, the Commission is reluctant to grant a franchise fee of over 5%. CDNSULIANLREEQRI TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Franchise Fee Disbursement Our review of recent cable television ordinances in communities similar to the size of Belmont Springs reveals that even a minimal 3% franchise fee more than covers the cost incurred by the city in the administration of the cable television ordinance. The question then becomes does the balance go into a general city fund or should it go to further develop the cable system? Those communities employing the latter approach have found the results most encouraging. 97 TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Interconnection There are or will be other cable television systems operating adjacent to or in the immediate area of Belmont Springs. Because school and other administrative districts overlap, there may be some advantages to have the cable system in Belmont Springs interconnect with other systems. Requiring the operator to provide all public channels of other systems creates a technically and economically difficult situation. It may be better to require the operator interconnect with adjacent systems and to be able to receive at least one channel of another system. W TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Number of Channels Because the franchise creates the structure for cable television service for the next few years, planners must take into consideration not only initial cable services but also those services that may appear years down the road. The F.C.C. has set a minimum number of channels (20) for systems the size of Belmont Springs. At the present time, over the air broadcast channels account for seven. When one adds the non-broadcast channels required by the F.C.C. and those services to be proposed by prospective operators, there is no problem with utilizing twenty channels. 98 W TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Public Service Installations In determining public service installations, decision- makers must identify those institutions that can use the services offered by cable. Caution must be exercised be- cause too many "free" installations may place a heavy financial burden on the cable operator and cause him to raise rates to subscribers or some other counter-productive measure 0 W TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Rates to Subscribers While the F.C.C. does not encourage such practices, our studies show that there is interest from Belmont Springs citizens to create a sliding rate scale offering lower rates to those on limited incomes. If such a scale is to be created, the City would have to seek approval from the F.C.C. 99 W TO: Belmong Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: Censorship This is one of the most controversial and confusing issues facing cable operators and local communities. The F.C.C.'s rules are vague and confusing, and the new deci- sions of the Supreme Court create all new problems. There will probably be a test case at some time in the near future. Until that time we suggest following the F.C.C. rules. LQNSJILIANLREEQBI TO: Belmont Springs Cable Organizing Group FROM: Cohen and Associates, Communications Consultants SUBJECT: We suggest the creation of a local cable regulatory body with Specific duties stated in the ordinance. 100 DECISION EXPLANATION SHEET #4 The Decision: The cable television ordinance for Belmont Springs should read as follows: Section : Section II: Section III Section IV: Section V: Section VI: Section VII: Section VIII: Section IX: Section X: wwwwbwwwwn This decision is worth a total of “ points, point(s) for each section. Have the Group Recorder enter the number of correct decisions on your scorecard. The Explanation: Section I: Term of Franchise Most Of the literature suggests ten years as the appro- priate length for a cable television franchise. The F.C.C. has set a maximum limit Of fifteen years, but economic analyw sis show that systems begin tO make a profit about the seventh year Of operation, all other variables in balance. Ten years allows the Operator a reasonable return on the investment; five years for a metrOpOlitan cable system is probably not long enough to allow such a return. 101 Section II: Selection Of Franchisee Alternative B provides a more explicit procedure for selecting a franchisee; many Of the ambiguities Of A are explained in greater detail allowing applicants tO react to the city's requests rather than the city reacting tO the pro- posals Of others. Section III: Franchise Fees The Federal Communications Commission has established the maximum franchise fee to be levied by cities at 5%. This prevents the past practice Of Operators Offering unusually high franchise fees to the city to gain the franchise. The F.C.C. believes the 3-5% range should more than cover the costs incurred by the city. Section IV: Franchise Fee Disbursement The utilization Of franchise fees by the City should not be viewed as a way to fill the City coffers. Most literature suggests that only the actual costs Of administering the cable ordinance should be deducted from the franchise fees collected by the City. The remainder should be reinvested in the cable system to help develOp new programming services. Section V: Interconnection In major metrOpOlitan areas, there may be several dif- ferent Operators serving adjacent communities. To provide a metro-wide communications system, it is generally desirable to have adjacent systems interconnect, for school districts and other activities sometimes overlap. Most metro cable 102 systems are requiring Operators tO interconnect with adjacent systems and encourage Operators to go beyond adjacent systems. Section VI: Number Of Channels Alternative A would probably come much closer to fulfill- ing the cable television needs of Belmont Springs. The F.C.C. has stated that all major market systems have at least a 20 channel and two-way capacity. Because Of the interest in cable in Belmont Springs, and the number Of Off-air signals available, it would appear that forty channels would be much more appropriate. Section VII: Public Service Installations Forcing the Operator to wire every school classroom in a metro area would be placing a very heavy financial burden on the system. TOO many "free" installations can cause a reduc- tion in revenue which would force either less cable services or higher subscription rates. It is customary, however, to provide at least one drop to schools, libraries, and city buildings. Section VIII: Rates to Subscribers It may be in the "public interest" to establish a rate system which accurately reflects subscribers” ability to pay. The cable monthly charge is usually a flat fee, making it regressive for groups such as senior citizens, handicapped, and low-income residents. Some adjustment in the rate struc- ture may extend a valuable service to additional residents who otherwise might not be able to subscribe. 103 Section IX: Censorship The issue Of censorship is one Of the most controversial in cable television programming. TO date, no one has been Specifically designated at being responsible for what goes over the wire. Until a test case has resolved the issue, perhaps the most logical policy for local communities is to require the franchisee to meet the minimum F.C.C. require- ments on Obscenity, lotteries, and advertising on public access channels. Section X: Regulatory Body Alternative B_designates in much more Specific terms the role and function Of the body is related to the Operator and the city. 104 DECISION POINT #5 The Situation: The draft cable ordinance prepared by your group and the city attorney was typed and duplicated for a public hearing. The F.C.C. requires proof that a "full public proceeding affording due process" was undertaken before it will issue a Certificate Of Compliance. The Belmont Springs City Manager's Office took appro- priate steps to notify the public well in advance Of the hearing. The hearing itself was held in the evening to allow maximum attendance. At the hearing, several groups responded to or sought clarification Of various sections Of the ordi- nance. Certain suggestions were added to the draft and sub— sequently passed at the next city council meeting. Have a member Of your group pick-up a COpy Of the Official cable television ordinance from the G.O.D. With the passage Of the cable television ordinance, the City Of Belmont Springs is now ready to move from the Legis- lation Phase to the Operator Selection Phase of cable decisionmaking. The ordinance established the procedures for selecting the operator(s) and the criteria by which the operator(s) will be selected. The City Manager has distrib- uted copies of the Request for Proposal (RFP) to all major 105 cable companies and organizations interested in cable tele— vision. Have the G.O.D. give your group a copy Of the RFP. Read it carefully- At the date when the proposals were to be filed, three were opened and checked for completeness. One proposal, submitted by the National Mexican American Anti—Defamation Committee Of Greater Norwalk, was found to lack the $50,000 Bid Bond and was disqualified. The two remaining proposals belonged to the American Cable Company and Mountain Communi- cations Incorporated, both multi—system owners based in nearby Norwalk. The Belmont Springs Cable Commission (formerly the C.O.G.) decided to use a point system tO evaluate the two proposals. The Task: Your group will now evaluate the two prOposals using a point system evaluation sheet. After reading the RFP and evaluating the two prOposals with the scoring Sheet, your group will make a recommendation tO the city council as to the best qualified applicant for the cable television franchise in Belmont Springs. NOTE: Engineering Consultants Of Norwalk, professional telecommunications consultants, have been commissioned to evaluate the technical standards and maintenance standards Of the two proposals. You may purchase their report for $200 from the G.O.D. 106 The Decision: Complete the following: Based upon our review and evaluation Of the prOposals, we recommend that be granted the cable television franchise for Belmont Springs. List three reasons for your selection: 1. When this has been completed you may request Decision Explanation Sheet #5 from the G.O.D. 107 CITY OF BELMONT SPRINGS ORDINANCE NO: 179- 73 Cable Television Service 108 NOTE On the next few pages is a simplified version Of the cable television ordinance for Belmont Springs. The actual ordinance is several pages longer and states the relationship between the city and the franchisee in much greater detail. 109 ORDINANCE NO: 179-73 AN ORDINANCE AUTHORIZING A NON-EXCLUSIVE CABLE TV FRANCHISE IN THE CITY OF BELMONT SPRINGS; PROVIDING FOR THE TERM OF THE FRANCHISE, SELECTION OF THE FRANCHISEE, FRANCHISE PROVISIONS AND RESTRICTIONS, RATES AND CHARGES, AND FRANCHISE FEES; AND ESTABLISHMENT OF THE BELMONT SPRINGS CABLE COMMISSION. SECTION I: Franchise Generally (l) Necessity Of Franchise. NO person, natural or corporate, or any other entity, shall own or Operate a CATV system or other system as defined here, in the City Of Belmont Springs, except by a franchise granted by the City, in the form Of a franchise agreement between the City and the fran- chisee, which shall comply with all the specifications of this ordinance. SECTION II: Term of Franchise (1) Term. The franchise to be granted by the City Of Belmont Springs pursuant to this Act shall grant tO the Franchisee the right, privilege and franchise to construct, Operate and maintain a cable television system in the streets and roads Of Belmont Springs for a period Of ten (10) years from and after the grant and acceptance date of the franchise to be awarded subject to the conditions and restrictions as hereinafter provided. SECTION III: Selection Of Franchisee (1) Request for Prgposal. In selecting a franchisee pursuant to this ordinance, the City shall prepare a Request for Proposal (R.F.P.) to seek bids for a cable television system tO be established by the City. This R.F.P. will con- tain information and instructions relating to the preparation and filing Of proposals; conditions regarding the.installa- tion, Operation and maintenance Of a cable television system under City franchise; and the criteria to be used in evalu— ating propoSals. - (2) Criteria for Selection Of Franchisee. Applicants will be evaluated according tO the following criteria: (a) Installation Plan. Preference may be given an installation plan that would provide flexibility needed to 110 adjust tO new developments, maintenance prac- tices, and services that would be available to the subscriber and the community immedi- ately and in the future. (b) Rate Schedule. Preference may be given tO applicants with the most reasonable and equitable installa- tion and subscriber rate schedule. (0) Financial Soundness and Capability. The evidence of financial ability in the appli- cants' proposal Shall be such as to assure ability to complete the entire system within a minimum Of five (5) years Of the date the franchisee receives the F.C.C. Certificate Of Compliance. (d) Demonstrated Experience in Operating a Cable Television System under City Franchise. Preference may be given upon evidence to the applicants0 experience in Operating a cable television system under City franchise, where such evidence would Show or tend to show or confirm the ability Of the applicant to furnish sufficient and dependable service to the po- tential public and private users. (e) Service Provisions. Preference will be given tO applicants demon- strating system capability in terms Of no- cost telecasting production facilities and service available to municipal and educational institutions and community groups and indi- viduals. (3) Hearings, NoticesJ Publications. The Belmont Spring's City Council shall award a franchise to an applicant only after a public hearing on the application and proposal, notice Of which hearing shall be published in a local news— paper Of general circulation at least thirty (30) days before the date Of the hearing. Any franchise that is granted shall be authorized by a Resolution Of the City Council, which Resolution shall be thereafter published in a local neWSpaper Of general circulation. 111 SECTION IV: Franchise Provisions and Restrictions (1) All franchisee granted pursuant to this ordinance shall be subject to, and shall expressly indicate that they are subject to, the following provisions: (a) (b) (C) (2) Any franchise granted hereunder shall be subject to all applicable provisions Of City ordinances, and any amendments thereto. Should the F.C.C. modify the provisions Of their Rules and Regula- tions relating to Federal-local regulatory rela- tionships, the City shall there amend this ordinance within six months Of the effective date Of the modi- fication. Any franchise granted hereunder shall be subject to the right Of the City to repeal the same for misuse, non-use, or failure to comply with the provisions Of this ordinance, or any other local, state or federal laws, or Federal Communications Commission rules or regulations. Any franchise granted hereunder shall be further subject to the right Of the City to: (i) Require extension Of subscriber service to all residents Of the Chelsea Hills Area (Service Area 7) within nine months Of the franchisee"s receipt Of the Federal Com- munications Commission (F.C.C.) Certificate Of Compliance, and the City shall further require extension Of service to all resi- dents Of the City within five years Of the date Of the franchisee's receipt Of the F.C.C. Certificate Of Compliance. (ii) Establish reasonable standards Of service the quality Of products, and to prevent un- just descrimination in service or rates. (iii) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof. Franchise Agreement. (a) The applicant awarded a franchise by City Coun- cil Resolution shall execute a franchise agreement, agreeing to the terms and provisions 112 Of the franchise and Request for PrOposal. In addition, the franchisee shall, within thirty (30) days Of the date Of execution Of the franchise agreement, submit his filing Of an application for a Certificate of Compliance with the Federal Communications Commission. (b) The franchise agreement shall contain such further conditions or provisions as may be included in the Request for Proposal and/or negotiated between the City and the franchisee, except that no such conditions or provisions shall be such as to conflict with any provim sions Of this ordinance or other law. (3) Number Of Channels. The franchisee"s distribution system shall initially be capable Of carrying at least forty (40) channels to television breadth, on dual cable construc_ tion. The system shall also provide simultaneous reverse direction signal capability for digital, audio, and video signal transmission on all elements Of the system. (4) Public Service Installations. It Shall be the responsibility Of the franchisee to make single installations of its standard cable television service to public and private schools within the franchise area, including Garfield Commun- ity College and the area vocational technical college. Single installations shall also be made at all fire and police sta- tions, the City Hall, public buildings, and all public libraries. Such installations shall be made at such reason- able locations as shall be requested by the respective units Of government or educational installations. NO monthly service charges shall be made for distribution Of the franchisee“s signals within such facilities. (5) Interconnection. The franchisee will be required to interconnect its cable television system with any other system Operating in an adjacent territory. Such interconnection shall be made within sixty (60) days Of request made by the City. For good cause shown, the franchisee may request reason~ able extensions Of time tO comply with the requirements. (6) Right Of City to Purchase Cable System. Upon ex- piration Of the term Of the franchise, or upon any other termination thereof, the City, at its election, and upon the Lpayment to the franchisee Of a price equal to the fair market ‘value of the system, shall have the right to purchase and take OVer the system. 113 (7) Open Access. The entire system Of the franchisee shall be Operatedin a manner consistent with the principle of fairness and equal accessibility Of its facilities, equip- ment, channels, studios, and other services to all citizens. (8) Emergency Use Of Facilities. The franchisee shall, in the case Of any emergency or disaster, make its entire system available without charge to the City or to any other governmental or civil defense agency that the City shall designate. (9) Performance Bond. The franchisee shall maintain, and by its acceptance Of this franchise specifically agree that it will maintain throughout the term Of this franchise a faithful performance bond running to the City, with at least two sureties approved by the City, in the penal sum Of $100,000 conditioned that the franchisee shall well and truly Observe, fulfill and perform each term and condition Of this franchise and that in case Of any breach Of condition Of the bond, the amount thereof shall be recoverable from the prin- cipal and sureties thereof by the City for all damages proximately resulting from the failure Of the grantee to well and faithfully Observe and perform any provision Of this franchise. (lO) Censorship. The franchisee shall comply with exist- ing F.C.C. regulatiOns pursuant to Obscenity, lotteries and advertising over public channels, but is otherwise pro- hibited from censoring any program cablecast over public channels. SECTION V: Subscriber Rates and Charges (1) Limitations. The charges made to subscribers for services Of the franchisee hereunder shall be fair and reason- able and no higher than necessary to meet all costs Of the service, and provide a fair return on the original cost, less depreciation, Of the prOperties devoted to such service. (2) Rate Schedule. An applicant for a franchise shall submit a full listing Of subscriber and user service rates to the City for approval. Such listing shall include: (a) Initial tapmin and connection charges (b) Monthly rates: single and multiple dwellings (c) Hotels, Motels, Rest Homes and Hospitals 114 (d) Special Class Subscribers (i) senior citizens (ii) Welfare recipients SECTION VI: Franchise Fees (1) Annual Fee. The franchisee shall pay to the City Of Belmont Springs for each calendar year or fraction thereof during the term Of this franchise, three (3%) percent Of the gross annual receipts from Operation Of the proposed service; provided that every such annual payment shall not be less than three thousand dollars ($3,000). (2) Disbursement. The City shall disburse eighty (80%) percent Of the revenues from franchisees to the Cable Commis- sion for the development Of the public channels. The City shall retain twenty (20%) percent Of the revenues from franm chisees in the Cityis general fund to cover City overhead expenses incurred in respect Of administration Of this ordi- nance or any franchises granted pursuant thereto. (3) Non-Payment. Failure to pay any fees required by this section shall result in automatic suspension Of the franchise granted, and reinstatement thereof may be had only upon resolution by the City Council, and payment Of the de- linquent fee or fees plus any interest or penalties as may be required by the resolution. SECTION VII: Belmont Springs Cable Commission (1) Commission Establisheg. Before any franchise is granted, there shall be appointed a commission, to be known as the Belmont Springs Cable Commission. (2) Composition. The Commission shall consist Of five residents Of the City appointed by the City Council. NO employee or person with ownership interest in a cable tele- ‘vision franchise granted pursuant to this ordinance shall be eligible for membership on the Commission. (3) Commission Functions. The Commission, in addition to functions provided elseWhere in this ordinance, shall have the following functions: (a) Advise the Council on applications for fran- chises. 115 (b) Monitor compliance Of franchisee with ordinance provisions. (c) Determine general policy relating to the serv- ices provided tO subscribers and the organizan tion and use Of access channels. (d) Plan future uses Of cable television services. SECTION VIII: Miscellaneous (l) Severability. If any parts Of this ordinance are for any reason held to be invalid, such decision shall not affect the validity Of the remaining portions Of this ordim nance. 116 The City Of Belmont Springs takes pleasure in inviting your organization to submit a proposal for a cable television system to service the citizens Of this community. Presently, there is not a cable television system Oper- ating in Belmont Springs. However, recognizing an immediate need for cable television services, such an improved recep- tion and the availability of additional broadcast channels, and a future desire for expanding cable communication services throughout the entire city, the Belmont Springs City Council appointed a Cable Organizing Group to investigate the possi- bilities of cable television in our city and report their findings and recommendations. The Group's recommendations are reflected in the enclosed Request for Proposal. The R.F.P. contains information and instructions relating to the preparation and filing Of proposals, conditions and provisions regarding the Operation Of a cable television sys- tem under city franchise, and the criteria to be used in evaluating applicant proposals. We hope your organization will submit a proposal. If you have any questions regarding the procedures or provisions required under the ordinance or R.F.P., please contact my Office. We look forward to hearing from you regarding your (proposal at your earliest convenience. “Yours truly, Mr. Dale Hammerburg City Manager E1101 0 624 SOUTH CREIGHTON AVENUE (899) 451- 6123 117 REQUEST FOR CABLE TELEVISION SYSTEM PROPOSAL I. Introduction The purpose Of this Request for Proposal is tO seek bids for cable television service to be established under fran- chise by the City Of Belmont Springs. This RFP contains information and instructions relating to the preparation and filing of proposals, conditions and provisions regarding the installation, Operation, and maintenance for a cable system under City franchise; and the criteria to be used in evalu- ating applicant proposals. II. Preparation Of Proposals Applicants must include the following information in pro- posals which must be bound and indexed in some fashion. Section I: Financial and Organization Description Of Franchise Applicant This section must contain: A. A financial statement and balance sheet prepared by a Certified Public Accountant which describes the applicant's financial condition, responsibility and resources. B. A statement including a tenuyear projection of revenues and expenditures anticipated for the system and the money tO be received from lending institu- tions. §§ction II: Statement Of Experience This section must contain a statement of the applicant‘s history and experience in Operating a cable television system under municipal franchise which demonstrates the ability Of the applicant to furnish sufficient and dependable service to the potential public and private users. This statement must include: A. Geographical locations previously and presently served by the applicant. B. C. E. 118 The number Of subscribers in each location. Length Of time each location has been served by the applicant. Locations where franchises have been granted but construction Of the cable television system has not begun. Locations where franchise applications for new franchises are pending. Section III: Cable Television System Provisions This section must address the following requirements and recommendations for a cable television system. A. Construction Provisions The Franchisee must design and construct the cable system to comply with provisions contained in Ordi- nance #179-73. Special consideration should be given to: Construction Period Technical Standards Two-way Capability Interconnection Sub-community Service Studio and Production Facilities C‘U‘lwaH o O O 0.. 0 Service Provisions The Franchisee must provide at least those services.. stipulated in Ordinance #179-73. As required by the Federal Communications Commissions, all area tele- vision broadcast signals must be provided. Special attention should be paid tO: 1. System Capacity 2. Video Channel Carriage 3. Additional Local Origination Channels 4. Local Programming Plans Maintenance Provisions A statement of maintenance policies and practices defined in terms Of the number Of subscribers and/or 119 miles Of cable must also be submitted to include a description Of: . Number and types of technicians . Number Of service vehicles . Routine preventative maintenance activities . Average response time for service calls #3le“ Section IV: Subscriber Rates and Charges Each proposal must contain the following schedule Of proposed rates and charges as set forth in Section V Of the cable television ordinance: 1. Initial tap-in and connection charges 2. Monthly rates: single and multiple dwellings 3. Hotels, Motels, Rest Homes and Hospitals 4. Special Class Subscribers a. Senior Citizens b. Welfare Recipients III. Standards Of Evaluation Pursuant to Section III Of Ordinance #179673, applicants will be evaluated according to the following priorities: A. Financial Soundness and Capability The evidence Of financial ability required in the applicant's proposal shall be such as to assure ability tO complete the entire system within a maximum Of five (5) years Of the date the fran— chisee receives the FCC Certificate Of Compliance. Demonstrated Experience in Operating a Cable Telew vision System Under City Franchise Preference may be given upon evidence Of the appli- cant's experience in Operating a cable television system under City franchise, where such evidence would Show or tend to show or confirm the ability Of the applicant tO furnish sufficient and dependable service to the potential public and private users. Installation Plan Preference may be given an installation plan that would provide flexibility needed to adjust tO new 120 developments, maintenance practices, and services that would be available to the subscriber and the community immediately and in the future. D. Service Provisions Preference will be given to applicants demonstrat- ing system capability in terms Of no—cost telecast- ing production facilities and service available to municipal and educational institutions and community groups and individuals. E. Rate Schedule Preference may be given to applicants with the most reasonable installation and subscriber rate schedule. IV. Rights Of the City Any person, firm, or corporation able to meet the requirements Of this RFP and Ordinance #179-73 is encouraged to respond tO this Request for Proposal. The City Of Belmont Springs reserves the right to reject any or all applications, to accept modifications Of any applicant's original bid, to waive informalities and irregu- larities and to accept the most advantageous application sub- mitted as so desired by the City. 121 CITY OF BELMONT SPRINGS CABLE TELEVISION PROPOSAL EVALUATION FORM NAME OF FIRMS: Firm A: Firm B: INSTRUCTIONS This evaluation form will compare the CATV pro— posals submitted pursuant tO Ordinance #179-73 and the RFP. All prOposals will be evaluated according tO the criteria established in the Ordinance and RFP. After reviewing the reSponse of each organiza- tion tO the evaluation criteria, score each applicant according to the following scale: 5 points: Generally given to organization whose proposal is superior to the other applicant(s) and meets minimum Ordinance stan- dards. 4-0 points: Degree to which the other appli- cant(s) meet evaluation criteria. II. III. IV. 122 Financial/Organizational Soundness and Capability A. Balance Sheet Strength B. Construction Loan Secured? Statement of Experience A. Existing franchises and subs scribers B. Pending Franchises Cable System Provisions A. Construction Provisions . Construction Period . Technical Standards . Two-way Capability Interconnection Sub—community Service . Studio and Production Facilities 0 O ONU'lnbbJNI-J B. Service Provisions 1. System Capacity 2. Video Chennel Carriage 3. Additional Local Origina~ tion Channels 4. Local Programming Plans C. Maintenance Provisions 1. Overall maintenance service Subscriber Rates and_gharg§: A. Installation Rates B. Monthly Rates C. Special Class Subscribers TOTAL EVALUATION SCORE 'Firm A (Score mmm .2" Firm B Snfl) MCI PRC-PSAL 124 Mountain Communications, Inc. 1320 CHELSEA TOWER NORWALK The Honorable Mayor and City Council City Of Belmont Springs Gentlemen: Mountain Communications Incorporated herewith respectfully submits its application, for a franchise to operate a CATV system in the City of Belmont Springs. MCI'S corporate Offices are located in nearby Norwalk to provide an immediate contact point for the many communities in the Norwalk metro area who are presently being served or will be served MCI'S CATV services. The corporation has franchises in three communities in the immediate area. Mountain Communications Incorporated has over twenty years Of experience in the CATV industry and assures the City Of Belmont Springs the technical, managerial, construction and financial knowledge to provide cable television service second to none in the nation. Mountain Communications Incorporated believes it has been responsive to the City's instructions; however, we would welcome an Opportunity to provide further information con- cerning our application by appearing personally before the City Council or Cable Commission tO furnish any supplemen- tary data you may desire. Respectfully submitted, MOUNTAIN COMMUNICATIONS INCORPORATED William L. Hollingsworth President 125 SECTION 1 126 MOUNTAIN COMMUNICATIONS INCORPORATED BALANCE SHEET ASSETS 1972 1971 CURRENT ASSETS "““ “" Cash $ 2,141,896 $ 1,783,901 Commercial paper 2,350,126 1,539,058 Accounts and notes receivable, less allowance of $25,500 377,692 349,824 Accounts receivab 1e from affiliates 498,909 717,827 Inventories—-at lower Of cost (firstwin, firstwout method) or market 319,306 310,175 Prepaid expenses 345,839 590,529 TOTAL CURRENT ASSETS 6,033,768 5,291,314 INVESTMENTS Investments ($1,219,642 and $783,049) in and advances to companies 50% owned or less 1,462,485 1,125,652 PROPERTY, PLANT, AND EQUIPMENTw on the basis Of cost Buildings 1,857,878 1,690,251 Distribution systems, equipw ment and improvements 34,479,455 25,955,329 Theatre and related equipment 7,672,489 7,564,054 Allowances for depreciation and amortization (deduction) (15,4171058) '(12j895,902) 28,592,764 22,313,732 Construction in progress 4,779,255 3,727,043 Land 1,858,442 " 1,715 890 ”35,230,461 ‘27, 5 ,6 COMMUNITY ANTENNA TELEVISION ("CATV”) FRANCHISES, at cost less amortization 643,215 OTHER ASSETS Unamortized debt expense 714,479 405,653 Costs in connection with CATV franchise applications 500,979 476,124 Cost over underlying equity in connection with the acquisition of companies 128,484 128,484 Federal income tax claims 182,729 182,729 Notes receivable due beyond one year 386,500 291,272 Unamortized commissions paid for new subscribers 335, 217 173, 980 Other L: 142, 269 “‘ 298 L855 2, 390, 657 ' 1,957,097 fiiérlégriié -‘§36.l30,728 127 LIABILITIES AND STOCKHOLDERSo CURRENT LIABILITIES Notes payable Trade accounts payable Accrued expenses: Interest Other Subscriber deposits and advance payments Federal income taxes Current portion of longwterm debt TOTAL CURRENT LIABILITIES LONG-TERM DEBT--less portion classified as current DEFERRED FEDERAL INCOME TAXES MINORITY INTEREST IN SUBSIDIARIES COMMITMENTS AND CONTINGENT LIABILITIES STOCKHOLDERS' EQUITY Preferred Stock—-par value $5.00 a Share: Authorized 1,000,000 shares; none issued Common Stock--par value $.03 a share: Authorized 4,160,000 shares issued (including 340 shares in treasury): l972~m2,395,136; l97l-~2,395,001 Other capital Retained earnings Less cost of 340 common shares in treasury 1972 $ 166,667 1,175,770 544,661 741,102 138,689 218,533 1,076,128 _'4,061,550 25,408,338 1,367,127 437,201 71,854 6,038,417 8,381,199 '“Ii,491,470 5,100 14,486,370 .iiirlégriéé EQUITY 1971 $ 260,698 1,944,177 76,968 859,796 93,562 416,218 1,829,905 5,481,324 16,261,486 1,037,996 361,933 71,850 5,867,722 7,053,517 12,993,089 '5,100 12,987,989 $36,130,728 128 PROJECTED OPERATING STATEMENT City Of Belmont Springs Assumptions: l. 8. Approximately 33,000 homes are located in the franchise area and the expected home growth will be 1% per year. Construction will be complete within three years Of grant— ing the franchise and receipt of a certificate Of com- pliance from the FCC. The completed cable plant initially will consist of 199 aerial miles and 154 underground miles with about three miles of plant added each year. A franchise tax Of 3% based on gross receipts. Fifty percent maximUm saturation achieved in the fourth year. Microwave charges Of approximately $5,000 per month for the importation Of distant Signals. Rate Structure as follows: Primary Outlet $6.95 Second Outlets 2.50 Connection Charge 9.95 Reconnect Charge 5.00 Move Outlets 5.00 Converter will be used at an estimated cost Of $30 per outlet. 129 MIMI.“ .IHtl. .‘II..II.EHI.II.¢ [LirIVLIIIrM IE owm mfim mm cmmamwm omm.sam.q omc.soo oov.o~o ooo.ooa oom.ma ooo.mH oom.e ooo.mm ooo.vmm.a oom.mma.fiw Hmuoe mmwi m0 Wm mom.aom omm.6ma mom.mma I.|I.L.IU'.|I .Ellulp n4. h.|lrll IL..|V|IIM‘||.ILIIJ IMIiiulill ooh mmb. ~m 1".II oem.ev 0mm.mim.a oom.mom ovm.oam ooo.om who I.» ooo.oao oom.emv m g. “I m snow mezmzmmHoomm IIIVII. ass 066 am «Moanmfi mos.mse.a one.msfi mma.~oa ooo.mm IJQI... ooo.oao oom.~m6 w 1: m snow al.5- I. LID omm Nemm ovm4mwA 0mm.awm.a oom.mm omm.om ooo.mm oom.mfi ooo.ma oom.e ooo.mm ooo.o~o oom.nme m H snow amassomm oszOmmom 44909 uflOmeD mcfiumummo mmMDBHQmexm AdBHmdo 44809 mnwuum>cou mmoso mmsom COflpmcqmwno Hmooq mono Oppoz wOHCOHuomHm new pmwm noecouuoomm m>mBOHOHz Ewbmhm :Oflusnanumfio m>m30uoaz ucmmm >B¢U ossoumumpss oqmam >So UZHSOmmom QZ¢ mmmDBHDmexm 4uwm Ossw>mm omm emm Hmm saw me Ammae Lawns mam MMN mmw mwm mMM 44m 6mm mom SSH om mom mom mOm mam 6mm mom 0mm 0mm mma as sea omm mam mom has om» use mam Inst Amosc mmw mew .MMW . mom mmm com mm. I. mme mmv mam mHk.H woe.a mmo.s Wmm.fi mw©.H mam.a mum Mme mos ON ON ON ON om om NH m mm 6m 6m mm mm mm 06 ON mso.fi mmo.a mao.a Hom.H kmm.a mem.a 806.H emm mo. mos mee.ea mmo.ka mkv.ka mmm.ka meH.eH mmo.ea mmH.mH mmo.oa mfiv.v ooa.H ooe.mm ooe.mm oos.mm oom.em oom.sm oom.em oom.mm oom.mm oos.mm ooo.HH OH snow a snow m Snow. 5 “wow, m umo»..m snow..v snow. m snow. m snow H snow Amsooov ucmsmboum mcflpmumgm nuonflHOmQSm wmmnm>¢ OHQNO ha common mmsom mUHBmHfidfim Qmfiddmm 024 mmmzmmxm QZ< mm32m>mm UZHBfimmmO m0 ZOHEUMfiOMQ 131 M C I FINANCIAL SUPPORT At this early stage Of negotiations Mountain Communica- tions Incorporated has not been able to secure a commitment from a financial institution for the financing Of the con— struction and Operation of the cable television system for Belmont Springs. Until such time as the Operating circum— stances Of the system, including such matters as subscriber rates are determined, firm financing arrangements are not feasible. MCI, however, has a very good credit rating and will make every effort tO secure a financial commitment as soon as the above details are finalized. 132 SECTION 2 133 CABLE SY STEM EXP ERI ENCE Mountain Communications Incorporated has many years Of experience in Operating CATV systems under municipal fran— chise. The following are locations Of MCI systems, numbers Of subscribers served and when service commenced in that area. COMMENCED STATE SUBSCRIBERS OPERATION ARKANSAS 16,210 1959 ARIZONA 11,876 1962 CALIFORNIA 41,748 1966 FLORIDA 23,161 1969 KANSAS 5,904 1961 KENTUCKY 10,700 1962 MISSISSIPPI 11,432 1958 MISSOURI 9,973 1964 OKLAHOMA 28,614 1951 NEW MEXICO 8,434 1965 TEXAS 50,133 1957 TOTALS 212,242 Mountain Communications Incorporated has been granted franchises in twentywnine (29) communities where construction of the CATV system has not begun, including three in the greater Norwalk area and seven in Lincoln County. Many Of the communities have been effected by the 1966 FCC Second Report and Order which restricted the growth of cable television systems in the nationis 100 largest te1e~ vision markets (Norwalk is in the 35th largest market). This freeze lasted until 1972 when new rules allowed CATV to develop in large markets. With the inception Of new FCC 134 rules, MCI filed new applications for Certificates of Comm pliance. Many of these applications are presently under consideration and should be resolved within the next few months. 135 SECTION 3 136 CABLE TELEVISION SYSTEM PROVISIONS Mountain Communications Incorporated proposes to cone struct a cable communications system for Belmont Springs which will be capable of delivering 60 channels of service to the subscriber initially and will also be tw0wway capable. The following are details of the Master Plan which includes: service coverage area; construction schedule; details of technical standards; construction practices; two~way capacity; underground and overhead installation plans; interconnect; subwcommunity service; studio and production facilities and program plans; system capacity and expansion capabilities; channel allocation; FM, stereo music and other services to be offered; maintenance and customer service provisions. 137 CONSTRUCTION PERIOD Construction of the system will begin within thirty (30) days following receipt of all necessary utility permits, private easement, licenses, FCC authorizations and avail: ability of distant signals. The Chelsea Hills area will be built immediately with receipt of utility permits, easements and FCC authorization. Service to the first customer will be available within one hundred eighty (180) days after construction has begun. The following construction and energizing schedule will be followed: AREA ENERGIZE SCHEDULE Service Area 7 Will be energized six (6) months from start of construction (Cle=Construc~ tion Day -1) Service Area 6 Will be energized in twelve (12) months from CD a 1 Service Area 5 Will be energized in thirty (30) months from CD e 1 Service Area 4 Will be energized in thirtywsix (36) months from CD _ 1 Service Area 3 Will be energized in eighteen (18) months from CD a 1 Service Area 2 Will be energized in twentynfour (24) months from CD _ 1 Service Area 1 Will be energized in fortywtwo (42) months from CD m l 138 TECHNICAL STANDARDS Mountain Communications Incorporated has designed a system that will meet all City and FCC technical standards. The system will have one head end location which will be tied together by both microwave and two~way cable to the (presently) three other cable systems in the greater Norwalk area. MCI engineers have designed what we believe to be one of the most advanced CATV systems in the United States to date. The system is capable of delivering all presently economically feasible services of cable as well as the many new services presently being researched. We believe an analysis of the following specifications will verify our claim. 139 EQUIPMENT SPECIFICATIONS AND PARAMETERS- I. Trunk Line Equipment A. B. Noise figure = 11.0 db Cross Modulation Distortion (based on NCTA test method, 30 channels) XM = -89.0 db @ + 33/31/29/26 dbmv output levels Second Order Distortion 2nd Order = =79.0 db @ + 33/31/29/26 dbmv Frequency response flatness = i .25 db AGC Control Output level change i .50 db for 1.4 db cable equivalent input change Output level change i .25 db for :‘2 db cable equivalent input change Bandwidth Trunk A, downstream only 50-270 MHz Trunk B, downstream 174-270 MHz Trunk B, upstream 5‘108 MHz Cable QXSEEEEQ "Underground Impedance 759 i l 759 i 1 Return Loss 28 db minimum 30 db minimum Attenuation @ 270 MHz @ 49.5°F .82 db/lOO ft. 1.04 db/lOO ft. Velocity of Propagation 95% 82% 140 II. Distribution Equipment A. Bridger Amplifiers Noise figure Cross modulation (30 channels) Second Order Distortion 12.0 db «67.0 db @ + 43/41/39/36 dbmv output level for one or two outputs w67.0 db @ + 40/38/36/33 dbmv output level for four outputs w70.0 @ same levels as above B. Line Extender Amplifiers Noise figure Cross modulation (30 channels) Second Order AGC Control Operational Gain 13.0 db =7l.0 db @ + 40/38/36/33 dbmv output level -70.0 db @ + 40/38/36/33 dbmv output level + .75 db output change for 3 db cable input change + i .5 db output change for : 2 db cable input change C. Specifications common to all distribution amplifiers Bandwidth in forward direction Bandwidth in reverse direction D. Return Amplifiers Bandwidth Frequency response flatness Pilot tone frequency AGC Control : db output change for :‘4 db cable equivalent change at 270 MHz 50-270 MHz 5—30 MHz 5~35 MHz i .25 db 35.25 MHz 141 III. Head End Equipment A. Hetrodyne processors Noise figure 7.5 db max. Spurious Signals -72.0 db max. Frequency stability : .0015% Frequency reSponse flatness + .25 db B. Modulators Differential phase 2° max. Differential gain 1 db max. Group delay conforms to FCC pre— distortion requirements Frequency Stability : .0015% Spurious Signals =72.0 db max. In addition to the above system parameters and specifi~ cations, the following requirements will be met: 1. The system will provide +9 to +20 dbmv, as measured across 75 ohms on each channel measured at the con- nection to the TV set. The overall frequency reSponse of the system will be flat i1.5 db on the trunk system and :3 db (include ing trunk contribution) on the distribution system @ 70°F. The frequency reSponse of the trunk and distribution system will be flat :1 db across the 6 MHz bandw widths of a television signal carried. 142 TWO- WAY CAP’AB I‘LI TY Two-way capability will be provided as a part of the cable system developed by Mountain Communications Incor— porated. In the distribution system, the spectrum space from 5-30 MHz will be used as a return path and the trunk system, the spectrum from 5&108 MHz. 143 INTERCONNECTION As stated earlier in this application, Mountain Communiw cations Incorporated presently holds franchises for three communities adjacent to Norwalk and is currently involved in negotiations with the Norwalk City Council for the CATV fran- chise to serve that city. When granted franchises in Norwalk and Belmont Springs, MCI will be able to provide via microwave and two—way cable interconnection with not only contiguous systems but with our system in the entire greater Norwalk area. 144 SERVICE TO SUB‘COMMUN‘I TIES Mountain Communications Incorporated is willing to dis- cuss with the Belmont Springs City Council and/or Cable Com- mission the possibility of establishing services to sub« communities within Belmont Springs, such as the Latin coma munity. The system designed by MCI will allow for such services. We do, however, believe it is the responsibility of the Belmont Springs citizenry to determine the sub-communities. 145 STUDIO AND PRODUCTION FACILITIES Mountain Communications Incorporated has many years of experience in the design and construction of studio and prOw duction facilities for cable television systems. The com“ bined office-studio facility described on the next few pages more than meets the requirements established by the City of Belmont Springs. In addition to the studio and production facility, MCI proposes to provide technical assistance to the citizens of Belmont Springs to ensure maximum use of the facility. 146 FACILITY EQUIPMENT LIST Below are the kinds and types of equipment that will be used for the studio and production facility: Audio System Item Quantity ‘Model/Type 1 1 2 1 10 TM EV EV EV Spotmaster Spotmaster Gates, Collins, Sparta, etc. Description Audio Mixing Console, with five mixing channels, fourteen avail- able inputs, cueing, VUmeter, master gain Microphones, low impedance, omni-directional Microphone, lavalier, low imped- ance Microphone Stands Audio Cartridge Deck Cartridge Tapes Professional broadcast quality turntable. Color Film Chain Item Quantity Model/Type 1 TM 1 Kodak 2 Kodak 2 TM 1 TM Description Three-way optical Multiplexer Carousel 2x2 Slide Projector with seven-inch lens 16mm Film Projector with four— inch lens for use with TMM—ZOBB Remote Control Module for STOP, RUN, and SHOW. Remote Control Module for selec- tion of projector and sequencing of slides Item Quantity» Model/Type l 10 11 12 13 147 Video Control System 1 TM TM TM TM TM TM TM Tektronix TM TM Conrac Conrac TM 'Description Broadcast Video Switcher with special seven-inch control panel EIA Color Sync Generator Bar Dot Generator Pulse Distribution Amplifier with builtein power supply and con— nector panel to supply pulse from EIA color sync generator to all cameras and switcher Video Distribution Amplifier with built-in power supply and connector panel for sub-carrier and bar dot generator distribu- tion Six-input switcher, bridging type to select inputs for wave- form monitoring Video Distribution Amplifier to supply waveform monitor from switcher to eliminate transients Waveform Monitor Rack Frames for distribution amplifier and 6x1 switchers Blank Panel Filler Dual nine-inch Solid State Moni- tors for continuous monitoring of both live cameras Color Monitors, nineteen-inch Fournposition intercom system, camera #1, camera #2, video con- trol console, audio control console Item 14 15 16 17 Quantity Model/Type 1 Sony 1 Tektronix 1 TM 1 TM 148 Description Twenty-inch modified Color Monitor/Receiver for studio monitoring of video or RF cablecasting channel output Vectorscope, rack mount Video/Audio Distribution Switcher Special Effects Generator 149 c 93.: .008- 0G3. 3:: 33‘ .1. no .3 3!... 5 .31 3 so! loos 003—. gaauu nu-UUQ 03.2 0 0.9.5. .. -:° r / zoo. 5:23 a uooO-$ >uu3<° ranoi cu0<2wroh4H+4kaH 186' Lighting Equipment Will include Century Strand, Bardwell, and McAlister and Berkey-Colortran. 10 12 4 12 4 8 1 l—‘CJUJUJUJUJH Remote Vans 2 6" 750w Fresnel w/4—way barndoors and diffuser 7' Pantograph and extension cable 8" lOOO/2000w Fresnel w/barndoors and diffuser 10' extension cables 14" 1000w Scoop w/diffuser l4" 1000w focusing scoop w/diffuser Pattern projector 750w w/holder, pattern set and , gel holder Set diffusion material Adjustable stands 25' extension cables 25' extension cables 3-fixture mini-pro kits (mini-mac) for remote 12' plugging strip w/5~ ~18" 3-pin pigtails Dimmer controlw/6- ~6kw CCR dimmers l- 100 amp 3-pole circuit breaker Hanging cord patch panel w/38-20 amp cords and breakers 42-50 amp Saf—T—Jacks, 6 per dimmer and 6 jacks/l-SO amp hot circuit Remote control consolette w/6 controllers (l dimmer) 6 switches 1 master control 1 system key switch 1 system blackout switch l—25' control cable Set (25 colors) gel material 20 x 24 sheets color correction acetates Remote Vans to be equipped with power inverter/ portable sWitcher/fader audio and video control so either b/w or color cameras and VTR can be used from central studio complex for remote Opera— tion. Since technology is constantly changing and improving, advanced equipment and innovations will be ad0pted as they become re- liably proven and available. 187 The equipment to be provided will allow wide versatility. Taping, live and playback or film can be accomplished simul— taneously. The use of portable camera VTR units and remote van will allow coverage of community events of varying lengths at various times in either color or monochrome. Studio The studio will have approximately 30 x 40 feet (1200 square feet) of Open floor space which will provide for multiple sets and rear screen projection, Ceiling height will be 12 to 15 feet to accommodate lighting which will be remote cone trOllable so several sets can be lighted simultaneously. Central Control The central control room will be approximately 12 x 20 feet (240 square feet) to accommodate the audio and video console, Video tape record and playback machine, audio record and play- back, turntables, routing switchers and patch panel, and ' allied equipment. Projection Center The projection center will be approximately 10 x 15 feet (150 square feet) to accommodate the dual projector Telesine and allied equipment and film storage. I Dressing Rooms Two dressing rooms with lavatory facilities will be provided for quests and staff. II. SERVICE PROVISIONS A. System Capacity_ The system which ACC proposes for the City of Belmont Springs is designed and constructed so as to best provide channels and expansion capabilities. 188 The system will be capable of carrying sixty (60) channels of television (30 channels initially) and several thousand channels of data capacity. We anticipate, after receiving the franchise, workw ing closely with the people and city government of Belmont Springs in putting Video Channel Carriage 1. Initially, ACC will furnish the City of Belmont Springs with seven channels of broadcast tele- vision. a. NBC-TV, Norwalk b. CBS~TV, Norwalk c. ABC~TV, Norwalk d. Independent TV, Norwalk e, Public (Educational) TV, Norwalk f, Independent Twaimported via microwave g. Independent TV-wimported via microwave 2. The following nonmbroadcast channels will be available to all subscribers: a. b. c. do Belmont Springs Government Channel Belmont Springs Public Schools Channel James A. Garfield Community College Channel Public Access Channel 3, In addition to the television and data capacity, the system will also carry all Norwalk area FM, FM stereo and quadrophonic radio stations, To receive this extra service, all subscribers need to do is request that their FM set be connected to the system. 189 The American Cable Company believes it is im— portant to provide all citizens of Belmont Springs with cable television services. Therefore, ACC proposes the following services for the city"s Chicano population: a. Importation of Chicano programming from a television station in MeXico. b. Provision of Chicano video tapes and films for programming. c. Wire services bringing news and features in Spanish. d. Local involvement of Chicano community in developing new program services. Preliminary discussions have begun between ACC and educational leaders from the Belmont Springs area to develop educational use channels for the various educational institutions in the area. Mr. Hubert Davis, ACC Program Manager, has met with the Lincoln County Library Advisory Commit“ tee and the Belmont Springs Public Schools in an effort to create a library “network" to provide all schools within the franchise area equal ’access to the fine resources in the Lincoln County Library System. ACC has also met with Dean Rodney Thompson of the James A. Garfield Community College to dis~ cuss potential uses of cable television techs nology by the college. Dean Thompson and others invision a future educational system where the 190 campus of the community college can be extended even further, into the living rooms of all Belmont Springs residents. The Belmont Springs Public Schools sees cable television as a means of extending the services of the Instructional Materials Center. The availability of multiple channels will allow the system‘s instructional television services to broaden its ability by showing instructional films and duplicating program offerings more times during the day to meet increased demands. ACC has also held discussions with the city’s departments of Research and Development and Public Safety. Cable channels could be used to provide information about new developments effecting citizens. Cable could also be used to assist in traffic control, drug abuse, and community relations efforts of the Department of Public Safety. In summary, American Cable Company has begun to rem search potential meaningful and relevant uses of cable television for Belmont Springs residents, The above are a mere scratch on the surface, If awarded the franchise, ACC can deliver these many valuable communications services to Belmont Springs. 191 C. Additional Local Origination Plans l. Philosophy--ACC has an outstanding track record in providing additional programming of interest and relevance to subscribers. We believe that such programming should not cause a raise in subscriber rates. To this end, we have attempted to create a well—rounded series of additional programming. Local Origination ServiceSW-At this time and with FCC approval, ACC proposes the following local origination services: a. 24-Hour News and Music Service b. 24~Hour Time, Weather and Music c. Local Programming Channel For Community Affairs, Sports, Entertainment. d. Business and Financial Programming; Conven— tion and Tourist Information; Classified Employment Service. e. Program Information; Video Test Service; Video Reference Service. f. Environmental Information Service. 9. Movie and Entertainment Service. D. Local Programming Plans l. PhilosophyumACC anticipates that our local orig" ination effort will be flexible. We will do our best to give the peOple what they wish. In our origination, we will strive for "balanced pro~ gramming" in all areas; balance between enter- tainment and education; between local, regional and national interests; and in "live" and taped offerings. 192 In an effort to most accurately assess the cable programming desires of Belmont Springso citizens, ACC conducted a market survey earlier this year. Those types of programs receiving strongest sup" port were children's programs, sports, travel shows, and feature films. ACC, when awarded the franchise will attempt to fill as many of the expressed program preferences as possible. Again we will attempt to present "balanced pro~ gramming in order to ensure that there is some- thing of interest to all inhabitants of Belmont Springs. Hours of Programmingw-Initially, Belmont Springs ACC cable television will be producing four (4) hours of programming a day, seven days a week. At the end of the fifth year, we anticipate a minimum of six (6) hours of programming, seven days a week. If we can see that the public enn joys our programming and there is a demand for more, ACC will, to the best of its ability, expand our programming day to better meet the different needs of the city. Future Programming Plans~~ACC"s corporate re~ search facilities are exploring new innovations in the use of cable technology. Those items 193 under exploration at the present time are services such as: a, Fire and Burglary Monitoring b. Catalog Displays c. Transportation Schedules d. Reservation Services e. Ticket Sales and Banking Services f. Electronic Voting g, Utility Meter Reading h. Market Research Surveys 1. Industrial Training It should be noted that the American Cable Company wishes to develop the cable system in Belmont Springs as a "model system." Because our corpor- ate headquarters are in near-by Norwalk, it is very important for us to have the most current state-of—thewart system close at hand to field test the many new and exciting services available via cable technology. Belmont Springs is also important to ACC as a "shOWplace system," where Acc can demonstrate to visitors and city officials the advanced CATV technology. The future programming plans for Belmont Springs include many new and exciting choices, Our plans to deliver these new programs and services, however, will not be imposed upon the city. ACC will create a citizens advisory committee to supw plement the input of the Cable Commission to make recommendations about all new programming and services, III. A. 194 The establishment of a partnership between the American Cable Company and the City of Belmont Springs will provide the City with one of the most advanced cable television systems in existw ence to meet its present and future communicaw tions needs. MAINTENANCE PROVISIONS Number and Types of Technicians ACC averages 1 technical employee per thousand subw scribers. Eighty percent of our technical employees are categorized as installer/servicemen. Approximate— ly ten percent of our technical employees are engi- neers with chief technicians filling the remaining percentage. Number of Service Vehicles This figure varies with tOpography, climate and sys~ tem density. We currently average one vehicle (including district and local manager cars) per 800 subscribers. ‘Number and types of major'itemS'of service equipment l...l signal level meter per technical employee 2...l FET volt meter per technical employee 3...l Sweep Alignment package per system, This packs age includes: sweep generator .... variable attenuator marker generator.... signal comparator oscilloscope......., detector 195 4...Two-way communications for all vehicles 5...Test equipment for specialized application such as microwave maintenance, simultaneous system sweep, spectrum analyzer, et cetera, are normal“ ly assigned at District level. Routine Preventive Maintenance Activitieg This procedure includes periodic power supply moni- : toring, periodic signal level measurements and main- tenance of historical records of specific amplifier location performance. Signal levels at every sub- scriber residence is recorded upon installation of service and during each service call. We are also required by the FCC to make specific performance tests. Average Response Time For Service Calls Service calls are normally completed the day received. Under only the most strenuous of extenuating circume stances would a service call response exceed 24 hours. 196 SECTION 4 197 SUBSCRIBER RATES AND CHARGES The American Cable Company hereby submits its schedule of subscriber rates and charges in compliance with conditions established in the RFP and Ordinance No. l79~73. It should be noted that current FCC regulations do not permit discrimi- nation in the charging of subscriber rates. However, ACC is willing to work with the City of Belmont Springs to file a petition for a waiver of the regulation and allow special rates for senior citizens and welfare recipients. A. STANDARD RATES AND CHARGES 1. Initial tap—in and connection charges (TV and/or radio, residential, or commercial)-— $9,95* *Installation charges will be waived for residents who subscribe to the cable service while the section in which he resides is under construction. These charges may also be waived during periods of Special sub— scriber promotions, 2, Additional installation at same location, each-- $2,00 3. Each repositioning at same locationwn $5.00 B. E. 198 'MonthlyARates 1. First TV or TV/radio outlet, residential or commercial-- $6.00 2. Additional TV or TV/radio outlets, eachw- 2.00 HOTELS, MOTELS, REST HOMES, AND HOSPITALS CONTAINING MORE THAN TEN (10) RENTAL UNITS TO WHICH SERVICE IS PROVIDED 1. Cost of installing service to buildings and H units contained thereinu- Time and Material 2. Monthly rates. . . . These rates are the same as single residential units. MULTIPLE DWELLING UNITS (CONTAINED WITHIN ONE STRUCTURE OR A GROUP OF STRUCTURES LOCATED IN ONE COMPLEX) WHERE ALL SERVICE IS BILLED TO ONE CUSTOMER 1. Cost of installing service to buildings and units contained therein-~Initial Installation $9.95 Others: Time and Material 2. Monthly rates, per TV outlet, according to the following schedule: NUMBER OF DWELLING UNITS SERVED UP TO 5. . . . . . . $5.00 EACH 6 THROUGH 49 . o o o 3.75 EACH 50 THROUGH 99. o o o 2.50 EACH 100 AND OVER . . . . 1.50 EACH SPECIAL CLASS SUBSCRIBERS First TV or TV/Radio outlet only, residential or commercialw- $4.00 199 ENGINEERING CONSULTANTS OF NORWALK 3550 WALKER AVE. MEMORANDUM TO: Belmont Springs Cable Commission FROM: Engineering Consultants of Norwalk SUBJECT: Technical Evaluation Pursuant to your request, Engineering Consultants of Norwalk has conducted an investigation of the technical standards contained in the proposals of the two applicants for the CATV franchise in Belmont Springs. Specific topics investigated were: 1. Technical design 2. Maintenance equipment 3. Proposed construction timetables. Our staff found both companies to be highly competent; most likely either company would provide the city with excellent service. However, given the three categories above, we found the American Cable Company to have a slight edge over Mountain Communications Incorporated. The decid- ing category was technical design, where ACC's system was slightly more advanced. 200 rap mam £39.31 1513 grams EEJUQDEEIAE The suburb of Belmont Springs is presently undergoing the task of selecting an operator for its cable television system. Two excellent local-based companies have applied for the franchise; American Cable Company and Mountain Com- munications Incorporated. While either company would do a good job, we at the Norwalk Daily News urge that MCI be granted the franchise for Belmont Springs. Mountain Communications Incorporated presently holds three other franchises in the greater Norwalk area and is in negotiations with the City of Norwalk for its franchise. If MCI received both the Belmont Springs and the Norwalk franchise, they could provide a metropolitan wide communications network, so very vital for the maximum utilization of cable television technology. 201 DECISION EXPLANATION SHEET #5 The Decision: After reviewing the prOposals, your group should have recommended that the American Cable Company be awarded the cable television franchise for Belmont Springs. This decision is worth points, if your selection was correct, glve your team points for the right decision and points per correct selection reason as given Below. Read the explanations and mark your scorecard. The Explanation: The selection of a franchisee represents one of the most difficult and crucial decisions for a local community in the cable decisionmaking process, Quite frequently the differences between the applicantsu proposals are very hard to evaluate. After scoring the applicants for the Belmont Springs franchise and reviewing the evaluation standards, the American Cable Company should have been selected for the following reasons: 1. ACC demonstrated superior financial capability. It was the applicant who provided proof it had the money necessary to construct the system. 202 ACC also demonstrated a more sound operating back- ground and a better potential to furnish service, It did not have a large number of outstanding fran— chises to potentially slow the develOpment of the system in Belmont Springs. The technical consultant's report showed ACC to have a superior technical design, maintenance plan and installation timetable. The number and quality of nonrbroadcast services offered by ACC was superior. ACC demonstrated its community interest by surveying community leaders prior to being granted the franchise to determine public interest in programming. The rate schedule proposed by ACC was more reason- able for the services offered. 203 DECISION POINT #6 The Situation: After a public hearing on the selection of the cable operator for Belmont Springs, the city council voted to award the franchise to the American Cable Company. Some months later, Belmont Springs received its Certificate of Compliance from the FCC and construction of the cable system in the city began. It is now three years later. The cable system has been completed; much sooner than anticipated, and is delivering cable service to Belmont Springs residents. As anticipated, the cable service is very pOpular and Opinion polls show that the greatest majority of the subscribers are pleased with the way the American Cable Company is running the cable system. There is one group, however, who is most unhappy with the way the American Cable Company is operating its public access channel. The G.L.M. (Gay Liberation Movement), borrowed a portable halfwinch videotape recorder from the ACC to produce a fifteen minute program for the public access channel to clear-up common misconceptions about gay bars in the Belmont Springs-Norwalk area. When the GLM took the completed tape back to the origination studio, they were assigned a time on the public access channel three days later. 204 When the time came for the program to be shown, the channel was blank. When they called the program manager at the origination studio, the G.L.M. was told the tape could not be shown because "it did not meet technical standards". The Gay Liberation Movement believes the American Cable Company is censoring their program and has appealed to the Belmont Springs Cable Commission. The Task: The Cable Commission has asked each side to present its version of the situation by filing a written brief. Your task is to review each brief, FCC regulations for public access channels, and approved ACC rules for public access channels and arrive at a decision. The Decision: Complete the following: Based on the evidence presented, the Gay Liberation Moven ment ( ) should ( ) should not have been allowed to show their videotape. Give a reason for the above decision: When you have completed your decision and reasons, you may request Decision Explanation Sheet #6 from the G.O.D. 205 GLM BRI EF Introduction We, members of the Gay Liberation Movement of Belmont Springs, believe the American Cable Company has violated Section 76.251, Subparagraph 9, of the Federal Communications Commission's 1972 Cable Television Report and'Ordeg. In the next few paragraphs we will prove our claim and ask the Belmont Springs Cable Commission to allow our videotape to be shown. The Situation Approximately three weeks ago, a GLM member signed—out one of the American Cable Company°s portable half-inch video- tape recorders and a fresh reel of videotape to produce a fifteen minute program he had written on gay bars in the Belmont Springs-Norwalk area. The script was written so there would be no editing necessary. The program began with a brief introduction by our GLM president on common misconw ceptions about gay bars and then the writer took the viewers on a walking tour through three area gay bars to show gay bars are no different from "other" bars. After videotaping the program, we played back the tape over the monitor. While we admit the production quality to be less than professional, there was a definite video image and a clear soundtrack. 206 The next day, the tape was taken to the American Cable Company's origination studio to be assigned a time slot on the public access channel. The GLM member was asked to read ACC's Access Rules and sign the application form. He was then given a time slot on the access channel three days later. When it was time for the program to be shown, the channel was blank. He called the ACC studio and was told the videotape could not be shown because it did not meet company program standards: it was too dark and the audio was garbled. Conclusion Again, we state the videotape was not of professional quality, but it was made well enough to distinguish both video and audio signals. The ACC did not state in either their rules or application that tapes must meet any produc- tion quality criteria. GLM members believe the American Cable Company is using production quality as an excuse to censor the content of the tape, an act, specifically prohibited by FCC cable television rules. The quality of the tape is not really the issue here. At issue is the right of the cable Operator to censor the content of a program using technical standards as an excuse. We believe a review of applicable FCC regulations will sub- stantiate our claim and we therefore ask the Belmont Springs Cable Commission to grant our request and allow the tape to be shown. 207 ACC BRIEF Introduction The American Cable Company would like to thank the Belmont Springs Cable Commission for the Opportunity to respond to a claim made against the company over the use of the public access channel by a community group. As you will see, our refusal to play their videotape was wellnfounded in both local and Federal Communications Commission regula- tory policy. The Situation: Our records show that a member of the Gay Liberation Movement contacted our origination studios approximately three weeks ago to reserve a portable videotape recorder. To provide the best possible quality local origination pr0w ductions, ACC requests that those interested in producing programs take a short (half hour) training session on the portable videotape recorder. The individual from the GLM told our program manager he had previous experience in using the recorder and would not require the training session. Upon returning with the recorder and completed video— tape, the individual was asked to routinely review our public access rules and read and sign the public access application form. As approved by the FCC and the Belmont Springs Cable Commission, the American Cable Company has the right to 208 preview all material cablecast over its public access channel. A preview of the tape showed a very poor video signal and a barely audible audio signal. American Cable Company believes it has a reSponSibility to its many Belmont Springs subscribers to provide the best possible reception service. If we allow inferior technical quality programming to be shown over our local origination channels, ACC will be blamed for poor quality service even when the fault lies with the program materials. Further, poor quality may discourage the viewing of the public access channel and ultimately defeat its purpose. For the instance in question, ACC offered to provide assistance to the indi- vidual in the prOper use of the recorder, but the assistance was refused. Conclusion We at American Cable Company believe we have a civic responsibility to the citizens of Belmont Springs to provide them with quality local origination programs. Our offer to provide training to the community group member was refused. Our offer of equipment training for the GLM member rem mains, but the tape in question, in our opinion, cannot and should not be cablecast. We believe, a review of existing rules will verify our claim. 209 FCC CABLECASTING REGULATIONS Subpart G—Coblecusting § 76.201 Origination cablecasting in conjunction with carriage of broad- cast signals. (a) No cable television system having 3,500 or more subscribers shall carry the signal of any television broadcast station unless the system also operates to a sig- nificant extent as a local outlet by orig- ination cablecasting and has available facilities for local production and presen- tation 01 programs other than automated services. Such origination cablecasting shall be limited to one or more desig- nated channels which may be used for no other purpose. (b) No cable television system located outside of all major television markets shall enter into any contract, arrange- ment. or lease tor use of its cablecasting facilities which prevents or inhibits the use of such facilities for a substantial portion of time (including the time pe- riod 6—11 p.m.) for local programing de- signed to inform the public on contro- versial issues of public importance. (c) No cable television system shall carry the signal of any television broad- cast station it the system engages in origination cablecasting, either volun- tarily or pursuant to paragraph (a) or this section. unless such cablecasting is conducted in accordance with the pro- visions of N 76.205. 76.209. 76.213. 78.215. 76.217. 76.221. and 76.225. 576.205 Origination cable-casts by can- didates for public office. (a) General requirements. If a cable television sy5tem shall permit any legally qualified candidate for public office to use its origination channel(s) and facilities therefor. it shall aflord equal opportu- nities to all other such candidates for that office: Provided, however. That such system shall have no power of censorship over the material cablecast of any such candidate: And provided. further. That an appearance by a legally qualified can- didate on any: (i) Bona fidenewscast, ( 2) Bona fide news interview. (3) Bona fide news documentary (if the appearance of the candidate is in- cidental to the presentation of the sub- ject or subjects covered by the news documentary). or (4) On-the-spot coverage of bona fide news events (including but not limited to political conventions and ac— tivities incidental thereto). shall not be deemed to be use of the facilities of the system within the mean- ing of this paragraph. Non. The fairness doctrine is applicable to these exempt categories. See 5 76.209. (b) Rates and practices. (1) The rates. if any. charged all such candidates for the same office shall be uniform. shall not be rebated by any means direct or indirect. and shall not exceed the charges made for comparable origination use of such facilities for other purposes. (2) In making facilities available to candidates for public office no cable tele- vision system shall make any discrimina- tion between candidates in charges. practices. regulations. facilities. or serv- ices tor or in connection With the service rendered. or make or give any preference to any candidate for public office or sub- ject any such candidate to any prejudice or disadvantage; nor shall any cable tele- vision system make any contract or other agreement which shall have the eflect of permitting any legally qualified candi- date tor any public allies to cablecast to the exclusion of other legally quali- fied candidates for the same public omce. (c) Records. inspections. Every cable television system shall keep and permit public inspection of a complete record of all requests for origination cablecast- ing time made by or on behalf of candi- dates for public ofllce. together with an appropriate notation showing the dis- position made by the system of such re- quests. the charges made. it any. and the length and time of cablecast. it the request is granted. Such records shall be retained {or a period of 2 years. ((1) Time of request. A request for equal Opportunities for use of the origi- nation channel(s) must be submitted to the cable television system within one (1) week of the day on which the first prior use. giving rise to the right of equal opportunities. occurred: Provided. how- ever. That where a person was not a candidate at the time of such first prior use. he shall submit his request within one (1) week 01 the first subsequent use after he has become a legally qualified candidate for the allies in question. (e) Burden of proof. A candidate re— questing such equal opportunities of the cable television system, or complaining of noncompliance to the Commission. shall have the burden of proving that he and his opponent are legally qualified candi- dates lor the same public oillce. 5 76.221 Sponsorship identification. ( a) When a cable television system en- gaged in origination cablecasting pre- sents any matter for which money. serv- ices. or other valuable consideration is either directly or indirectly paid or promised to. or charged or received by. such system. the system shall make an announcement that such matter is spon- sored. paid for. or furnished. either in whole or in part. and by whom or on whose behalf such consideration was sup- plied: Provided. however. That “service or other valuable consideration” shall not include any service or property furnished without charge or at a nominal charge for use on. or in connection with. such cablecasting unless it is so furnished as consideration for an identification in s cablecast of any person. product. service. trademark. or brand name beyond an identification which is reasonably related to the use of such service or property on the cablecast. (b) Each system engaged in origina- tion cablecasting shall exercise reason- able diligence to obtain from its employ— ees. and from other persons with whom it decis directly in connection with any program matter for origination cable- casting. information to enable it to make the announcement required by this section to) In the c'ase of any political pro- gram or any program involving the dis- cussion of public controversial issues for which any films. records. transcriptions. talent. script. or other material or serv- ices of any kind are furnished, either di- rectly or indirectlycto a cable television system as an inducement to the origina- tion cablecasting of such program. an announcement to this effect shall be made at the beginning and conclusion of such program: Provided, however. That only one such announcement need be made in the case of any such program of five (5) minutes' duration or less. either at the beginning or conclusion of the program. (d) The announcements required by this section are waived with respect to feature motion picture films produced initially and primarily for theater exhi- bition. § 76.225 Per-program or per-channel charges for reception of csblcc'asts. (a) Originatibn or access cablecasting operations for which a per-program or per-channel charge is made shall com- ply with the following requirements: (1) Feature films shall not be cable— cast which have had general release in theaters anywhere in the United States more than two (2) years prior to their cablecast: Provided, however, That dur- ing 1 week of each calendar month one feature film the general release of which occurred more than ten (10) years previ- ously may be cablecast. and more than a single showing of such film may be made during that week: Provided. tur- 210 flier, That feature films the general re. lease of which occurred between two (2) and ten (10) years before prOposed cablecast may be cablecast upon a con- vincing showing to the Commission that bona fide attempt has been made to sell the films for conventional television broadcasting and that they have been re- fused. or that the owner of the broadcast rights to the films will not permit them to be televised on conventional television because he has been unable to work out satisfactory arrangements concerning editing for presentation thereon. or per- haps because he intends never to show them on conventional television since to do so might impair their repetitive'box oiIicc potential in the future. Nara: As used in this subparagrsph. "gen- eral release" means the first-run showing d a feature film inc. theatre or theatres in all area. on a nonreserved-seat basis. with con- tinuous performances. For first-run show. ing of feature films on a nonmerved-ssat basis which are not considered to be "general release” for purposes of this subparagnph. see note meounhReportsndOI-derh Docket No. 11279. 15 FCC 3d ‘66. (25 Sports events shall not be cable- cast which have been televised live on a nonsubscription. regular basis in the community during the two (2) years pre- ceding their proposed cablecast: Pro- vided. however. That if the last regular occurrence of a specific event (e.g., sum- mer Olympic games) was more than two (2) years before proposed showing on cable television in a community and the wait was at that time televised on con- ventional television in that community. it shall not be cablecast. Non 1: In determining whether a sports event has been televised in a community on a nonsubscription basis. only commercial television broadcast stations which place a Grade A contour over the entire community will be considered. Such stations need not necessarily be licensed to serve that com-- munity. liars a: The manner in which this sub- paragraph will be administered and in which “moth." “sports events.“ and “televised live on s nonsubscriptaon regular basis" will be construed is explained in paragraphs 288-806 in'lourth Report and Order in Docket No. 11879. 15 ’00 2d see. (8) No series type of program with interconnecwd plot or substantially the same cast of principal characters shall be cablecast. (4) Not more than 90 percent of the total cablecast programing hours shall consist of feature films and sports events combined. The percentage calcu- lations may be made on a yearly basis. but. absent a showing of good cause. the percentage of such programing hours may not exceed 95 percent of the. total cablecast programing hours in any calendar month. (5) No commercial advertising an- nouncements shall be carried on such channels during such operations except. before and after such programs. for pro- motion of other programs for which a per-program or per-channel charge is made. § 76.209 Fairness doctrines personal at- tache: political editorials. (a) A cable television system engaging in origination cablecasting shall aflord reasonable opportunity (or the discussion of conflicting views on issues of public importance. Nora: See public notice. “Applicability of the Fairness Doctrine in the Handling of Controversial Issues 0: Public Importance.“ 29 FR. 10415. (b) When. during such origination cablecasting. an attack is made Upon the honesty, character. integrity. or like per- sonal qualities of an identified person or group. the cable television system shall. within a reasonable time and in no event later than one (1) week after the attack. transmit to the person or group at- tacked: (1) Notification of the date. time. and identification of the cablecast; (2) a script or tape (or an accurate summary it a script or tape is not available) of the attack: and (3) an oiier of a reasonable Opportunity to respond over the system's facilities. (c) The provisions of paragraph (b) of this section shall not be applicable: (1) To attacks on foreign groups or foreign public figures; which are made by legally qualified can- didates. their authorized spokesmen. or those associated with them in the cam- paign. on other such candidates. their authorized spokesmen. or persons associ- ated with the candidates in the cam- paign: and (3) to bona fide newscasts. bonafide news interviews. and on-the— spot coverage of a bona tide news event (including commentary or analysis con- tained in the foregoing programs. but the provisions of paragraph (b) of this sec- tion shall be applicable to editorials of the cable television system). ((1) Where a cable television system. in an editorial. (1) endorses or (2) opposes a legally qualified candidate or candi- dates the system shall. within 24 hours after the editorial. transmit to respec- tively (i) the other qualified candidate or candidates for the same office. or (ii) the candidate opposed in the editorial. (a) notification of the date. time. and channel of the editorial; (b) a script or tape of the editorial: and (c) an otter of a reasonable opportunity for a candidate or a spokesman of the candidate to re- spond over the system's facilities: Pro- vided, however. That where such editori- als are cablecast within 72 hours prior to the day of the election. the system shall comply Wlth the provisions of this para- graph sufficiently lar in advance of the broadcast to enable the candidate or candidates to have a reasonable oppor- tunity to prepare a response and to pre- sent it in a timely fashion. (2) to personal attacks- 211 § 76.213 Lotteries. (a) No cable television system when engaged in origination cablecasting shall transmit or permit to be transmitted on the origination cablecasting channel or channels any advertisement of or infor- mation concerning any lottery. gift eu- terprise. or similar scheme. altering prizes dependent in whole or in part upon lot or chance. or any list of the prizes drawn or awarded by means of any such- lottery. gift enterprise. or scheme. whether said list contains In! part or all of such prizes. (b) The determination whether a particular pregram comes within the pro- visions of paragraph (a) of this section depends on the facts of each case. How- ever. the Commission will in any event consider that a program coma within the provisions of paragraph (a) of this section it in connection with such pro- gram a prize consisting of money or thing of value is awarded to any person whose selection is dependent in whole or in part upon lot or chance. it as a condition of winning or competing for such prize. such winner or winners are required to furnish any money or thing of value or are required to have in their possession any product sold. manufactured. fur- nished. or distributed by a sponsor of a program cablecast on the system in question. § 76.215 Obscenity. No cable television .system when en- gaged in origination cablecasting shall transmit or permit to be transmitted on the origination cablecasting channel or channels material that is obscene or indecedent. 5 76.217 Advertising. A cable television system engaged in origination cablecast programing may present advertising material at the begin- ning and conclusion of each such pro- gram and at natural intermissions or breaks within a cablecast: Provided. however. That the system itself does not interrupt the presentation of program material in order to intersperse advertis- ing: And provided. lurther. That adver- tising material is not presented on or in connection with origination cablecasting in any other manner. Non: The term “natural intermissions or breaks within a cablecast" means any natural intermission in the program material which is beyond the control of the cable television operator. such as time-out in a sporting event. an intermission in a concert (I draw maiic pertormance. a recess in a city council meeting. an intermission in a long motion picture which was present at the time of theatre exhibition. etc. mmudunlc 1:111 .76151 Minimum channel capacity; accesachannels. (a) No cable television system operat- ing m a community located in whole or in part within a major television market, as defined in I 76.5, shall carry the signal (1 my television broadcast station unless tin system also complies with the follow- ing requirements concerning the avail- alility and administration oi access channels: (1) Minimum channel capacity. Each such system shall have at least 120 MI-ls of bandwidth (the equivalent of 20 tele- Vision broadcast channels) available for immediate or potential use for the to- tality of cable services to be offered; 12) Equivalent amount of bandwidth. ror each Class I cable channel that is utilized. such system shall provide an ad- ditional channel. 6 MHz in width. suit- able for transmission oi Class II or Class III signals (see i 76.5 for cable channel definitions) ; (3) Two-way communications. Each such system shall maintain a plant hav- ing technical capacity for nonvoice re- turn commrmications; (4) Public access channel. Each such system shall maintain at least one spe- cially designated. noncommercial public access channel available an a nrstocome. nmdhcrlminatory basis. The system shall maintain and have available tor public use at least the minimal equip- ment and facilities necessary for the pro- duction of programing for such a chan‘ nel. See also {76.201: (5) Education access channel. Each such system shall maintain at least one specially designated channel for use by local educational authorities: (6) Local government access channel. Each such system shall maintain at least are specially designated channel for local government uses; (7) Leased access channels. Having satisfied the origination cablecasting re- cuirements of 5 76.201. and the require- ments of subparagraphs (4). (5). and (6) of this paragraph ior specially desig- nated access channels. such system shall cler other portions of its nonbroadcast bandwidth. including unused portions of the specially designated channels. for leased access services. However. these leased channel operations shall be under- taken with the express understanding that they are subject to displacement ii there is a demand to use the channels for their specially designated purposes. On at hast one of the leased channels. priority shall be given part-time users: (6) Expansion of access channel capacity. Wherever all or the channels described in subparagraphs (4) through (7) ct this paragraph are m use d 00 percent of the weekdays (Monday— Friday) for 60 percent of the time during any consecutive s-hour period tor 6 con- secutive weeks. such system shall have 6 months! in‘which to make a new channel yailabe oranyorallottheabove- described purposes: 212 (9) Program content control. Each such system shall exercise no control overprogramcontentonsnyoi the channels described in subparagraphs (i) through (7) ct this paragraph; however. this limitation shall not prevent it from taking ”prophets steps to insure com- pliance with the operating rules de- scribed in subparagraph (11) or this mm (10) Assessment of costs. (1) From the cmnmencemmt or cable television serv- iceinthecommunityotsuchsystem rmtil five (5) years alter completion cl fire system’s basic trunk line. the chan- nels described in subparagraphs (5) and (6) of this paragraph mall be made (ii) One of the public access channels in subparagraph (4) or this paragraph shall always be made avail- able without charge. except that produc- tion costs may be assessed for live studio presentations exceeding 5 minutes. Such production costs and any fees for use of other public access channels shall be omisistmt with the goal oi aflording the prime a low-cost means of television access: (11) Operating rules. (i) For the pub- its access channeus). such system shall establish rules requiring first-come non- discriminatory access; prohibiting the Won of: Any advertising mate- rialdcsignedtopromotethesalcoicom- mercies products or services (including advertising by or on behalf of candidates for public once): lottery information; and obscene or indecait matter (modeled after the prohibitions in It 76.213 and 76.215. respectiveLv); and permitting public inspection or a complete record or the names and addresses of all persons or groups requesting access time. Such a rccordshsllberetained toraperiodoi 2 years. ' (ii) For the educational access chan- nel(s). such system shall estabish rules prohibiting the presentation of : Any advertising material designed to promote the sale of commercial products or serv- icu (including advertising by or on be- half of candidates for public omce); lottery iniormation; and obscene or in- decent matter (modeled after the pro- hibitions in I! 76.213 and 76.215. respec- tively) and permitting public inspection of a complete record of the names and addresses of all persons or groups re- questing access time. Such a record shall bsretaincdioraperiodotilyears. (iii) For the leased channel(s). such system shall establish rules requiring first-come. nondiscriminatory access: prohibiting the presentation of lottery information and obscene or indecent matter (modeled after the prohibitions in it 76.213 and 76.215, respectively); re- quiring sponsorship identification (see i 76.221); specifying an appropriate rate schedule and permitting public inspec- flrm of a complete record of the names pndaddressesoiallpersonsorsmups recuestingtime.8ucharecordshailbe retained im- a period of 2 years. adOpt Rules govex tione afte: tele‘ test dire COns Cont beeI Sta. Off Che lot 213 AMERICAN CABLE COMPANY ACCESS RULES 1o Purpose The rules and regulations set forth hereinbelow are adOpted pursuant to the requirements of Section 76,251 of the Rules of the Federal Communications Commission (FCC) and govern the availability and use of the public access, educa- tional and leased channels of American Cable Company (hereinw after referred to as "Operator") maintained on its cable television system serving Belmont Springs° 2. Definitions a. Lottery. Any device, scheme, plan, promotion, con- test or other program and/or presentation which involves directly or indirectly the elements of prize, chance and consideration; or any such device, scheme, plan, promotion, contest or other program and/or presentation which is, has I been or may be declared a lottery under applicable local, state or Federal law. b° Lottery Information. Any advertising or information concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance, or any list drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list conw tains any part or all of such prizes. W 214 c. Obscene or Indecent Materialo Any material in a pro- gram and/or presentation which would subject the producer or supplier thereof to prosecution under local, state or Federal law for the production or presentation of obscene or indecent materialo 30 Operating Rules Governing All Access Channels (a) No program, production or presentation which invol- ves directly or indirectly any lottery information or which involves a lottery shall be transmitted or permitted to be transmitted on any access channelo (b) No program, production or presentation which in- volves any obscene or indecent material shall be transmitted or permitted to be transmitted on any access channel. (c) No program, production, or presentation which in« volves any other prohibited material as stated in these Rules or in the FCC rules shall be transmitted or permitted to be transmitted on any access channel° (d) Operator will require an access channel user to submit User's program material to Operator for Operator to preview prior to actual transmission and/or dissemination over Operator's cable television facilitieso Operator may waive this requirement in extraordinary circumstances, include ing cases of emergency involving public health, safety or welfareo Operator is authorized to delete any portions of 215 the material to be transmitted and/or disseminated which Operator reasonably believes may subject it to any kind of liability under applicable law. Such previewing does not, however, release User from any reSponSibility for the nature of User's program materialo (e) Operator reserves the right to require an access channel user to post bond when the User has been guilty of a previous violation of the FCC rules. 40 Operating Rules Governing Public Access Channel (a) The public access channel, shall be available for access cablecasting to any person, group, organization or other entity on a first-come, non-discriminatory basis upon the filing of an appropriate request therefor in accordance with Section 5 hereof, and consistent with the availability of the public access channel at the time and for the duration requested° (b) Basic facilities will be available for public use for the production of programming for the public access channel. Such facilities will be made available without charge for live studio presentations not exceeding 15 minuteso Where Operator has required User to Videotape User‘s program material for preview, no charge will be made for 15 minutes of studio production costs, and charges for productions longer than 15 minutes will be only for the costs of a live studio presentation° sum U leased Operat access come' are I will tiVe 216 50 Applications for Access Channels (a) Applications for use of the public, educational or leased access channels shall be submitted in writing on Operator's application form and shall identify the proposed access user by name and address,b (b) All requests shall be promptly processed on a first— come non-discriminatory basis. In cases in which requests are received for the same date and time, the earlier request will be given preference° An applicant may specify alterna- tive dates and times in his initial requesto 217 AMERICAN CABLE COMPANY CABLE CHANNEL ACCESS APPLICATION & AGREEMENT be tween American Cabfle Company (" Operator " ) and ("Applicant")° l° Applicant's Address: 2° Access Channel Desired: Public ( ), Educational ( ), or Leased ( )° 30 Date (or Dates) Desired: 40 Time Segment (eog., 4:00 - 4:15 pom.): 50 Nature of Cablecast - Live, tape, film. 60 Production facilities and personnel of Operator which will be necessary for presentation of the access cable“ cast: 70 Acceptance of this application is conditioned upon the following terms: a° Operator reserves the right to require Applicant to submit its program material to Operator for Operator to review at Applicant's expense prior to actual transmi3n sion and/or dissemination over Operator's cable tele- vision facilities° Operator is hereby authorized by Applicant to delete any portions of the material to be transmitted and/or disseminated which Operator reasonably believes may subject it to any kind of liability under applicable law. bo In the event that the Applicant's programming carried on the Operator's cable television facilities causes tC<<1l App (Da AP] (13 218 transmission interference or distortion to Operator's other transmissions, or transmissions of others which Operator is contractually obligated to protect, the Operator has the right to halt Applicant's transmission until the distortion is eliminated. c. Applicant releases and forever discharges Operator, Operator's officers, directors and employees, and Operator's successors and assigns, of and from any liability, loss, claim, cost, or damage of any nature whatsoever which Applicant ever had, has or may ever have at any time against Operator on account of or arising out of Applicant"s appearance on or use of Operator's Access Channels° Applicant: (Date) (Sign) Approved by Operator: (Date) ' (Sign) 219 DECISION EXPLANATION SHEET #6 The Decision: Based on the evidence presented, the Gay Liberation Move" ment should have been allowed to show their original video- tape over the American Cable CompanyVS public access channel as long as it did not contain obscene material, advertising or lottery material. This decision is worth points. If you made the correct decision, give your term points for the correct decision, and more points if your reason was the same or very similar to the reason stated below. Read the explanation and mark your scorecard. The Explanation: The Federal Communications Commission has established rules for the public access channels that contain these provisions: - Public access must be on a firstwcome, non— discriminatory basis. - Advertising is prohibited for commercial products or services, or on behalf of any candidate for public office. - Lotteries and obscene or indecent matter are prohibited. - Facilities for live studio presentations of five minutes or less must be provided free of charge. Beyond these restrictions, the cable operator cannot exercise control over who uses the channel and what content is pr the c Cable lishc publ and garb pan} wha‘ min tap the be the hi gt le 91 220 is presented. In the FCC explanation of these rules, and in the city council approved access rules for the American Cable Company, there were no provisions or criteria estab- lished for public access programming. One of the purposes of public access is to assure the greatest diversity of ideas and opinions even if the picture is dark and the audio is garbled. It appeared, in this case, that the American Cable Comm pany was using technical standards as an excuse to censor what they thought might be potentially questionable program~ ming. It is highly unlikely that the playing of the Video_ tape could have damaged the origination equipment. And if they were opposed to the program because they thought it to be indecent, they should have labeled it as such and handled the matter in that light. The cable operator should warn producers of poor tech— nical quality tapes and try to help them to improve the quality (as ACC offered), but the operator does not have the legal ground to refuse tapes solely on technical quality grounds. out deVe in 4 min Ev a1 221 CHAPTER III FEEDBACK AND EVALUATION DATA Two of the most important components of the ten step instructional development model developed by Gerlach and Ely (Figure 1) are the last two: evaluation of performance and the analysis of feedback. It is here the developer finds out how well he has achieved the other eight steps of deve10pment. This chapter reports the information gained in two field test evaluations of the Cable Television Plan- ning Exercise. More specifically, this chapter will report: 1. Evaluation Procedure 2 Evaluation Results 3. Evaluation of Feedback and Recommendations Evaluation Procedures The Cable Television Planning Exercise was field tested and evaluated twice during the various stages of its deve10pm ment. The first field test was for Decision Points One to Four with a class of graduate students in the Department of Television—Radio at Michigan State University. The second field test included Decision Points One to Five with a group of the writer's friends who have varying vocational and academic backgrounds. Decision Point Six has been evaluated infor be nc tions ity s writ have Comm and visi Pan1 ab01 Pla. the the Sim Oak Fle to the de: ha. of ti 222 informally, but not in an actual gaming situation. It should be noted that in each of the two completed field test situa- tions, members of the groups have been involved with commun- ity groups in planning cable television services. At the writing time of this chapter, at least two other field tests have been planned: one with a Joint Legislative Study Committee on Cable Television in the Michigan Legislature, and the other with a special projects class in cable tele- vision at Michigan State University. An analysis of the entry behavior of the game partici- pants in Field Test I showed varying degrees of knowledge about cable teleVision. As noted, some had prior cable planning experience. Others had studied cable television in their classes. Still others had only a cursory knowledge of the subject. The entry behaviors for Field Test II were similar: Prior experience to an introductory knowledge of cable television. A total of ten participants took part in Field Test I, six participants in Field Test II. In both tests, participants were given an opportunity to evaluate the game and provide feedback in two ways: by the use of short feedback sessions at the end of each decision point, and by the use of a written Opinion question— naire administered at the end of the playing session. Many of the oral comments reflected responses given in the ques— tionnaire. respor Perha} ing t< Anoth "game taine sugg¢ afte intc fee: The two Of Ev a: 223 The questionnaire was designed to obtain participant responses to a number of different types of information. Perhaps the most important questions asked were those pertain“ ing to how well the game achieved its Specified objectives. Another set of questions solicited information about the "gameability" of the simulation, and yet other questions perm tained to how well participants "liked" the game and what suggestions they had for improvement. The responses to Field Test I were tabulated immediately after the playing session and certain refinements were built into the second prototype used for Field Test II. The same feedback procedure was used after the second playing session. The questionnaire and the responses to the questions for the two field tests situations are contained in the next section of this chapter. Evaluation Results Below are the compiled evaluations of both Field Test I and II. The responses were tabulated on the same form administered to the participants. 224 TABLE 2 FIELD TEST I EVALUATION OF THE CABLE TELEVISION PLANNING EXERCISE How well do you feel you learned a systematic process for determining cable television policy in local com- munities? (Check one) 1 (2) 2 (6) 3 (l) 4 (l) 5 fully 36% at all Do you feel you are more sensitive to some of the op- tions available to local communities in cable television planning? yes (9) no (1) How well does the C.T.P.E. give you a glimpse of the dynamics of determining cable television decision? 1 2 (1) 3 4 ‘ (3) ' ‘5 “““ (6) not at all well Which of the below best describes the exercise instruc- tions? clear & concise (4) flexibleflLiL adequate (2) inadequate Do you have any suggestions:_fi(2)(Language‘level’perhaps complex for all audiences) (Simplifylanguage) ------ To what degree did you become involved in the C.T.P.E. exercise? 1 (6) 2(4) ._3 4 5 highly apathetic Do you feel this exercise is an accurate model of the reality it is attempting to represent? 1 2 _ (}),-— 3... ... 4"‘(6)’ ‘5‘“(3)' r—‘i xx-z- _ 4...)! mar-._: I: :finmm inaccurate accurate continued 225 TABLE 2--Continued 10. How do you rate this exercise on the clarity scale below? 1 2 3 (l) 4. (8) '5"‘(l)“ impossible confusing easy to to understand understand How do you feel about the information given in the decision points? 1 2 3 (4) 4‘ (5) 5 "(l)' not enough adequate too much Have you ever participated in an activity similar to the C.T.P.E. before? Yes_igl__ No_l§l_ Any comments or suggestions: (6) Sharpen conflicts in decision points; simplify language; very involving'&'en- joyable; use media to introducquam 7 adapt language' for non-college audience; challenging! 226 TABLE 3 FIELD TEST II EVALUATIONS OF THE CABLE TELEVISION PLANNING EXERCISE How well do you feel you learned a systematic process for determining cable television policy in local com- munities? (Check one) 1 (4) 2 (2) 3 4 ' ' ’5" full not at all Do you feel you are more sensitive to some of the op— tions available to local communities in cable television planning? yes (6) no (0) How well does the C.T.P.E. give you a glimpse of the dynamics of determining cable television decisions? 1 2 3 4. (2) .5...(4).. not at all well Which of the below best describes the exercise instruc- tions? clear & concise (4) flexible (2) adequate‘ inadequate Do you have any suggestions: (Vocabulary level may be problem with'some'audiences) To what degree did you become involved in the C.T.P.E. exercise? 1 (5) 2 (l) 3 > 4 ...... 5 ......... Do you feel this exercise is an accurate model of the reality it is attempting to represent? 1 2 3 4 (1) ' 5 '(5) inaccurate ‘ accurate continued TABLE *1! 10° 227 TABLE 3--Continued 7. 10. How do you rate this exercise on the clarity scale below? l 2 3 4 (4) 5 (2) impossible confusing easy to to understand understand How do you feel about the information given in the decision points? 1 2 3 (1) 4' '(4)' '5“ (1)' not enough adequate too much Have you ever participated in an activity similar to the C.T.P.E. before? yes (2) no (4) Any comments or suggestions: (3) (Too muchpaper) (Very interesting) (Learned something) Eva tai nes "t6 nun sa: pa: th fi ti th be t1 U a T1 228 Evaluation of Feedback and Results From the information contained in Tables 2 and 3, cer- tain tentative conclusions can be drawn about the effective» ness of the Cable Television Planning Exercise. The word "tentative" is used because the writer recognizes that the number of evaluations obtained cannot, at this point, be said to be representative of the universe of possible game participants. It appears, based on the information obtained, that the participants felt they did achieve the objectives speci- fied in the game. In Field Test I, the responses to Ques— tions 1, 2, and 3, weighted heavily at the positive end of the scale. Field Test I participants were told at the beginning of the simulation that they would not be playing the entire six decision point game, which may account for the number of responses not marked under the "fully" altern- ative for Question 1. The same situation existed for Field Test II. Over both field tests, the greatest majority (9wl and 6-0) of participants believed they were more sensitive to issue options in planning cable television policy now than before playing the simulation. And, as for how well the game gave participants a glimpse of the dynamics or group inter" actions involved in making cable television decisions, nine of ten and four of six participants agreed the simulation was an accurate representation. 229 In addition to specified objectives, participants were asked general questions about the simulation game. Perhaps the most encouraging to the writer were the responses to Questions 5 and 6. In both field test situations, the par— ticipants favorably responded to the game as an accurate model of the reality it is attempting to represent, and (Question 5) found that reality construct to be a highly inn volving learning situation. Note too that the responses to Questions 5 and 6 improved percentage wise from Field Test I to II; a result that could possibly be attributed to the writer's revision of certain decision points. A final question, and probably the most valuable to the writer, asked game participants to provide written comments and suggestions for improvement. One of the most common suggestions was to "lower" the vocabulary level in the game to be more representative of all possible audiences. This was done after Field Test I, but there was a similar comment made on the second field test. It may be necessary to fur~ ther revise the material. Another comment made after Field Test I was used to modiw fy the initial prototype; the writer reviewed some of the decision points and revised the information to heighten the conflict. A comment also made after the first field test suggested the introduction of slides, tape, etc., to present decision point information. This may be done in future revi- sions of the game to add another dimension to the playing 5888 play fie: val: use tiv an des of ca] va de 230 sessions. The game, however, should be designed to allow playing groups the option to use print or non-print versions. In conclusion, the information received from the two field tests have provided some indication as to not only the validity of the simulation game design, but also as to the use of simulation games in general to handle complex cognim tive and affective behaviors. Given the time constraints of an instructional or community group setting, a properly designed simulation game appears to be a most efficient means of not only acquainting participants with certain cognitive cable issues, but also to provide them with perhaps a more valuable sensitivity toward the problems communities face in developing local cable television policy. Bae Ca] Ge Ya Zu BIBLIOGRAPHY Baer, Walter S. Cable Television: A Handbook for Decision- Making (Santa MoniEa, California: Rand Corporation, 1973). Cable Television Information Center, A Suggested Procedure: An Approach to Local Authorization of Cable Television (Washington, D.C.: The Urban Institute, 1973). Gerlach, Vernon S. and Donald P. Ely. Teaching and Media, A Systematic Approach (Englewood CIIffs, New Jersey: Prentice Hall, Inc., 1971). Yale Review of Law and Social Action. ‘The Cable Fable (New Haven, Connecticut: Yale University Press, 1972). Zuckerman, David and Robert Horn (eds.). 'The Guide to Simulation Games for Education and Training (2nd Edi— tion, Lexington, Massachusetts: Information Resources, Inc., 1973). 231 Ba Ca Ca LI ST OF REFERENCES Baer, Walter S. Cable Television: A Handbook for Decision- makin . Santa Monica, Calif.: Rand Corporation (R-ll33-NSF), 1973. Cable Television Information Center.’ A Su ested Procedure: An Approach to Local Authorization 0 'Cable Television. Washington, D.C.: The Urban Institute, 1973. Cable Television Information Center. 'Cable: An Overview. Washington, D.C.: The Urban Institute, 1973. Cable Television Information Center. 'How to Plan An'Ordi- nance. Washington, D.C.: The Urban Institute, 1973. Federal Communications Commission. "Cable Television Service; Cable Television Relay Service." 'Federal Register, Vol. 37, No. 30, Part II (FCC 72-108), 2-12—72. Washington, D.C.: U.S. Government Printing Office. Ford Foundation, Comments in Response to Commission's Notice of PrOposed Rulemakipg. New York: Ford Foundation, 1970. International City Management Association. "Drafting Municin pal Franchises for Cable Television Systems," in Management Information Service, Vol. 4, No. LS-l. Washington, D.C.: International City Management Associ- ation, 1972. Johnson, Leland and Michael Botein. Cable‘Television:” The Process of Franchising. Santa Monica, Calif.: Rand Corporation (R-1135wNSF), 1973. Mitre Corporation, Urban Cgble Systems. McLean, Va.: Mitre Corporation, 1973. National Cable Television Association. Toward the Wired Nation: The Financial Implications of Developing Cable CommunicatiCns.’ Washington, D.C.: National Cable Television AssoCiation, 1971. 232 Na Ne 0r P< rn rn IA IL 233 National Education Association. Cable Television: ‘Franchise Provisions for SchOOls. Washington, D.C.: National Education Association, 1973. New York Public Service Commission. Regulation of cable Television by the State of New York. Albany, N.Y.: Public Service Commission, 1970. Oppenheim, Jerrold. "Cable Television: Channels for Dissent." Civil Liberties, No. 282 (December, 1971). Powledge, Fred. ACLU Guide tojCable TV. New YOrk: American Civil Liberties Union, 1973. Price, Monroe and Michael Botein. Cable Television:” Citizen ‘Participation After the FranchiSe. Santa Monica, Calif.: Rand Corporation (Rull39mNSF), 1973. Price, Monroe, and John Wicklein, Cable TVnwA Guide for ' Citizen Action. Philadelphia: Pilgrim Press, 1972. Shafer, Jon. A Cable TV Guide for Educators: Cable Communi- ' cations Comes to the Twin Cities Area. Minneapolis, Minn.: College of Education, University of Minnesota, 1972. Shamberg, Michael and the Raindance Corporation, Guerilla Television. New York: Holt, Rinehart & Winston, 1971. Sloan Commission, The. On_the Cable: The Television of Abundance. New York: McGranHill, 1972. Smith, Ralph Lee. "The Wired Nation." The Nation, special issue (May 18, 1970). Steiner, Robert L. The Prospects for Cable Television in the Greater Cincinnati Area. Cincinnati, Ohio: Stephen Wilder Foundation, 1973. Tate, Charles. Cable Television and the Cities. Washington, D.C.: The Urban Institute, 1972. Yale Review of Law and Social Action. The Cable Fable. New Haven, Conn.: Yale University Press, 1972. Zuckerman, David and Robert Horn (eds). The Guide to Simulam tion Games for Education and Training. 2nd Edition, Lexington, Mass.: Information Resources, Inc., 1973. MICHIGAN STQTE UNIV. LIBRQRIES 31293103639294