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HomeMy WebLinkAbout1993-07-20 Support Documentation Town Council Regular Session s VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, JULY 20, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Ordinance No. 16, Series of 1993, second reading, an ordinance repealing Mike Mollica and reenacting Ordinance No. 29, Series of 1977, Ordinance No. 33, Series Tom Moorhead of 1978, and Ordinance No. 24, Series of 1986; an ordinance amending Special Development District No. 5 and providing for a development plan and its contents; permitted, conditional and accessory uses; development standards, recreation amenities tax, and other special provisions; and setting forth details in regard thereto. Action Requested of Council: Staff requests a motion to rescind action taken on July 6, 1993, when Council approved Ordinance No. 16, Series of 1993, on first reading. If rescinded, then staff requests a motion to refer issue to the Planning and Environmental Commission (PEC) for reconsideration. Background Rationale: The Condominium Association was not given formal notice of the scheduled hearings. Staff Recommendation: Make a motion to rescind action taken on Ordinance No. 16, Series of 1993, on first reading, and then a motion to refer issue to the PEC for reconsideration. 7:40 P.M. 3. Ordinance No. 5, Series of 1993, second reading, an ordinance amending Kristan Pritz Chapter 16.04, and Sections 16.12.010, 16.20.010, 16.20.220, 16.22.010, Tom Moorhead 16.22.160, 16.26.010, 16.20.015, and 16.22.014 of the Town of Vail Municipal Code to provide for the prohibition of neon signs and exterior gas filled, illuminated and fiber optic signs, and providing regulations regarding the review of all other gas filled, illuminated and fiber optic signs, and interior accent lighting; and providing details in regard thereto. Action Requested of Council: Approve/deny/modify Ordinance No. 5, Series of 1993, on second reading. 8:10 P. M. 4. Ordinance No. 13, Series of 1993, first reading, an ordinance amending Kristan Pritz Paragraphs 16.32.030(F) and 16.32.040(A) of the Municipal Code of the Tom Moorhead Town of Vail, to provide for the termination of any non-conforming sign five years after the effective date of any amendment to the Sign Code Ordinance, and setting forth details in regard thereto. Action Requested of Council,: Approve/deny/modify Ordinance No. 13, Series of 1993, on first reading. 8:30 P.M. 5. Ordinance No. 6, Series of 1993, first reading, an ordinance amending Title Tim Devlin 12 -Streets and Sidewalks of the Municipal Code of the Town of Vail, by Tom Moorhead the addition of Chapter 12.16 -Revocable Right of Way Permits, and 1 setting forth details in regard thereto. Applicant: Town of Vail. Action Reauested of Council: Approve/deny/modify Ordinance No. 6, Series of 1993, on first reading. Backaround Rationale: Council had directed staff to review the existing Revocable Right of Way process and asked for an ordinance to be created that would serve both the private and public needs by providing funding on TOV land for improvements recommended by the TOV Streetscape Plan, the TOV Village Master Plan, and the Lionshead Urban Design Guide Plan. Council reviewed the draft ordinance at the June 22, 1993, Work Session and made no changes. Please note that the Mill Creek Court Building representative, Mark Matthews, has indicated that he would like to include the design and labor costs in the amortized costs of the project, as well as construction costs. Staff Recommendation: Approve Ordinance No. 6, Series of 1993, on first reading. 8:55 P.M. 6. Resolution No. 8, Series of 1993, a resolution establishing support of the Vail Town Council for Plan "C" of the Vail Valley Performance and Conference Center, submitting at the Regular Municipal Election a new tax on restaurants and bars and lodgings, and expressing the intention of the Town of Vail to commit funds toward the construction of the Center. 9:15 P.M. 7. Appeal of a PEC decision to not allow the removal of a dwelling unit in the Mike Mollica A & D Building/286 Bridge Street/Lots A-D/Block 5A, Vail Village First Filing. Tom Moorhead Appellant: Vail Associates, Inc. represented by Jack Hunn. Action Reauested of Council: Uphold/overturn/modify the PEC decision. Backaround Rationale: The PEC voted 4-1-1 to not allow the request. Please see the PEC memo to Council in this packet. 9:45 P.M. 8. Adjournment. • • • • • • • THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 7/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 8/3/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 8/3/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. • • • • • i • C:VIGENDA.TCE 2 A 4utck, Clean, Fray Way To Pick Up After Your Pet ~ D v ,w D "fhe Responsible Thing To Doo WHY ARE PET PIQC-iJP~ THE RFSI?Q~SIBLE THII~G 'PO ISO? SCt~ FAC15 ABOUT FET WAS"lE. Until recently, pet waste had been considered primarily from an aesthetic viewpoint - ' it is wsightly to look at and annoying to step in! But with greater numbers of people and their animal cocrpanions inhabiting cities and suburbs, animal waste has become a public health issue. It is estimated that in 1991, the 52.5 million dogs in the United States dumped nnre than 12,000 tons of dog feces and nearly 10.4 million gallons of urine into the erivir~...~~it each day (Dr..Pitcairn's Cort~lete Glide to Natural Health for Dogs ~ Cats, Rodale Press, 1982, and figures from the Pet Industry Joint Advisory Council). Animals instinctively seek to relieve themselves away from their home territory, and much of this was in public parks and other peoples' yards. According to veterinarian and author Dr: Richard Pitcairn, there has been a corresponding increase iin diseases, such as hookworms, leptospirosis, roundworms, and tapeworms, which spread to humans through infected dog feces. Children are particularly vulnerable, because they play in parks, playgrounds, and yards contaminated by animal waste. Dr. Pitcairn views prevention as the solution. In his opinion, animal waste should be considered in the same category as human waste "...making the responsibility for clean up much clearer. Both the danger of spreading disease and simple c~~.~.,,~ decency dictate that [people] clean up atiy solid waste [their} dog may deposit on su~~,..t's lawn or in public places. LEGISLATING AGAINST DOG WASTE. . A growing number of parks and mmicipalities have enacted ordinances requiring people to pick up after their pets. In Boulder, Colorado it's against the law to let your dog poop on any property, other than your own, wless the mess is cleaned up immediately and disposed of. In fact, the city will soon provide pick-ups as a courtesy at the entrances to some city parks. "Ffiat we need is personal responsibility," said a Boulder irbuntain Parks ranger in a recent interview. "Dog owners have to feel, "My dog did it and I should pick it up."' Carrying this a step further, there is a growing trend in U.S. cities (Reno, Nevada is one) to pass legislation that requires anyone walking a dog, upon request of a police officer or animal control officer, to show means to pick up after the animal. Copyright 1993 Right Bran Unlimlted~ ~ nmised n.bmtiy co, P.0. Box 1036 Boulder, Colorado 80306 (303) 443-8814 Made in U.SA. Violators are ticketed and fined. And some parks have banned companion animals, altogether. PET PIQC-UPS PROVIDE Tl-~ SOL,iTTI~V. PET PIQC-UPS provide an easy and sanitary solution for picking up pet waste. Dedicated to responsible pet ownership, the product provides dog (and cat) owners with an affordable, convenient, envir.,~.~~,~tally responsible way - even for the squeamish - to pick up after companion animals. PET PIQC-UPS brings respectability to a chore that has long been ignored. This product was imaginatively created by Jill Wiltse and Sharon Klipping, owners of RIGtiI' BRAIN UNLIMITID, a socially and envrir.,~.«,~tally responsible company based in Boulder, Colorado. It Was thoroughly field-tested by Blauy, Beau, and Molly, the dogs in their lives. PET PICK~JPS have been used and enthusiastically endorsed by walkers, hikers, joggers, and parks' officials. Jill and Sharon are corTmitted to animals, the envir~~.~~~t, and responsible pet ownership. A portion of the profits from PET~PIQC-UPS are donated to anirn3l welfare organizations. Coded on recycled paper. ~~J 1 r)g 14"1{ii? '•.£_i ~ i::1b`di"s 1..~:+{,:T"sC".f. i p..y2'". `.'(::+i.l t'' tir!6::~r. i::. 3. S."s is , .4.. l..i i=:^:2. i:)i_!'`.' :~!!..f. a. `i'-i'''; 4: .1 {::+i"}C't a. eT` r)!.I i"1 , • ~ 1 r'. c.: cc 7" , t-• -ti 2 T- ...c .-c i. ,y c:3 . •t . • r:-. J .I. l t_. 1' 1 a. j.J i _ r...~ 1 t i..i - c',~ ...j- 1 ..17':3 t~ . .l. { _ . i' i ci 4':+ 3. .7. .j. F..i' T'; c:a f:i : / r.:{ .C. 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I~I C7 F-: i"• m L 1 c! 3 1 ! _ . 4"71i{Y"tl~: yC:1t..t 't'C:a` '~C'ti.dY' Ca3"'st4~l {~c~I"'r=!1`:.1 C:iI"7 C+•}• '~.i-s1 Svd1 {:;;C:'rt t G ~ t / i:) .'.7 ._t f 'I {:j lr 1....:_2 T i E.•3 ' ORDINANCE NO. 16 Series of 1993 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 29, SERIES OF 1977, ORDINANCE NO. 33, SERIES OF 1978, AND ORDINANCE NO. 24, SERIES OF 1986; AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 5 AND PROVIDING FOR A DEVELOPMENT PLAN AND ITS CONTENTS; PERMITTED, CONDITIONAL AND ACCESSORY USES; DEVELOPMENT STANDARDS, RECREATION AMENITIES TAX, AND OTHER SPECIAL PROVISIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made for the amendment of Special Development District (SDD) No. 5 for a certain parcel of property within the Town, legally described in the attached Exhibit A, and commonly referred to as the Simba Run/Nail Run Special Development District; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on June 28, 1993, held a public hearing on the amended SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 5; and WHEREAS, application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 5, which relate to Development Area B, and which make certain changes in the development plan for Special Development District No. 5 as they specifically relate to Development Area B; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NAIL, COLORADO, THAT: SECTION 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Ordinance No. 26, Series of 1993 1 SECTION 2 -Purposes. Special Development District No. 5 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. SECTION 3 -Special Development District No. 5 Established. (A) Special Development District No. 5 is established for the development on a parcel of land comprising 8.84 acres in the Lionsridge area of the Town; Special Development District No. 5 and said 8.84 acres may be referred to as "SDD No. 5". (B) The existing building (Vail Run) consisting of 55 dwelling units, approximately 18,00 square feet of commercial space, a swimming pool and three tennis courts, shall be known as Development Area A. The remainder of the property containing approximately 6.3 acres shall be described as Development Area B (Simba Run and Savoy Villas). SECTION 4 -Approval of the Development Plan Required Prior to. Development. (A) Before the developer commences site preparation, building construction, or other improvement of open space within SDD No. 5, there shall be an Approved Development Plan for said district. (B) The proposed development plan for SDD No. 5, in accordance with Section 4 hereof, shall be submitted by the developer to the Zoning Administrator who shall refer it to the Planning and Environmental Commission, which shall consider the plan at a regularly scheduled meeting, and a report of the Planing and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Section 18.66 of the Municipal Code. (C) The Approved Development Plan shall be used as the principal guide for all development within SDD No. 5. (D) Amendments to the Approved Development Plan which do not change its substance and which are fully recommended in a report of the Planning and Environmental Commission may be approved by the Town Council by Resolution. (E) Each phase of the development shall require the prior approval of the Design Ordinance No. 26, Series of 1993 2 Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal Code. SECTION 5 -Content of Proposed Development Plan. The Proposed Development Plan shall include, but is not limited to the following data: (A) The Environmental Impact Report which shall be submitted to the Zoning Administrator in accordance with Chapter 18.56 hereof. (B) An open space and recreational plan sufficient to meet the demands generated by the development without undue burden on available or proposed public facilities. (C) Existing and proposed contours after grading and site development having contour intervals of not more than two (2) feet. (D) A proposed site plan, at a scale not smaller than 1 inch = 20 feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service entries, driveways, and off-street parking and loading areas. (E) A preliminary landscape plan, at a scale not smaller than 1 inch = 20 feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. (F) Preliminary building elevations, sections, and floor plans, at a scale not smaller than 1/8 inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. (G) A proposed plan of parking, loading, traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transportation needs generated by the development. (H) A volumetric model of the site and the proposed development, portraying the scale and relationships of the proposed development to the site illustrating the form and mass of the proposed buildings. (I) An architectural model of each proposed building, at a scale not smaller than 1 inch = 40 feet, portraying design details. (J) A proposed program indicating order and timing of construction phases and phasing of recreational amenities and additional amenities. Ordinance No. 26, Series of 1993 3 SECTION 6 -Permitted Conditional and Accessory Uses. (A) In Development Area A -Vail Run (existing building and recreational facilities), the following uses shall be permitted: (1) Multiple family residential dwellings; (2) Accessory retail, restaurant and service establishments not occupying more than 18,000 square feet including the following: Apparel Stores Art supply stores and galleries Book stores Camera stores and photographic studios Candy stores Chinaware and glassware stores Specialty food stores Florists Gift stores Hobby stores Jewelry stores Leather goods stores Liquor stores Newsstands and tobacco stores Professional and business offices Sporting goods stores Stationery stores Toy stores Variety stores Barber shops Beauty shops Travel and ticket agencies Delicatessens with food service Cocktail lounges, taverns and bars Coffee shops Fountains and sandwich shops Ordinance No. 26, Series of 1993 4 ` Restaurants Additional businesses or services determined to be similar to permitted uses. (B) In Development Area B - Simba Run, the following uses shall be permitted: (1) Multiple family residential dwellings which may be condominiumized for sale as interval ownership fee interests and the employee housing units required per Section 18.48.110 which shall be rental units. (C) In Development Areas A and B the following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions of Chapter 18.60 hereof: (1) Public utility and public service uses; (2) Public buildings, grounds, and facilities; (3) Public or private schools; (4) Public park and recreation facilities; (5} Meeting rooms. (D) In Development Areas A and B the following accessory uses shall be permitted: (1) Indoor and outdoor recreational facilities, including, but not limited to, swimming pools, tennis courts, handball and squash courts and similar recreational facilities. (2) Home occupations, subject to issuance of a Home Occupation Permit in accord with the provisions of Section 18.58.130 hereof. (3) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. SECTION 7 -Development Standards. The following development standards have been submitted to the Planning and Environmental Commission for its consideration and recommendations and are hereby approved by the Town Council; these standards shall be incorporated in the Approved Development Plan pertinent to each Development Area to protect the integrity of the development of SDD No. 5; the following are the minimum development standards and shall apply unless more restrictive standards are incorporated in the Approved Development Plan. The standards set forth in this Article shall apply only to Development Area B. Development Area A may be modified provided that no such modification shall increase the discrepancy between the structure or site improvements and the development standards set forth in this Ordinance No. 26, Series of 1993 5 Article for Development Area B. (A) Lot Area -Development Area B shall consist of approximately 6.3 acres. (B) Setbacks -The required setbacks shall be as indicated on the Approved Development Plan, being a minimum of 20 feet from any perimeter property line of the total site. (C) Distance Between Buildings -The minimum distances between all buildings on the site shall be as indicated on the Approved Development Plan. (D) Height -The maximum height of all buildings shall be 45 feet, with the exception of the buildings located in Phase II of Development Area B, which shall have a maximum height as indicated on the Approved Development Plan. (E) Density Control -The floor area of all buildings and the number of dwelling units shall not exceed the following provisions: Development Area B Total SDD No. 5 Maximum gross residential floor area (sq. ft.) Interval Ownership Units 124,691 197,691 Maximum gross residential floor area Employee Dwelling Units (sq. ft.) 7,137 Maximum number of dwelling units, not including the employee dwelling units 115 189 (F) Building Buik Control -Building bulk, maximum wall lengths, maximum dimensions of building groups, and requirements for wall off-sets, shall be as indicated on the Approved Development Plan. (G) Site Coverage -Not more than 20 per cent of the Development Area B shall be covered by buildings, with the exception of Phase II of Development Area B, which shall be as designated on the Approved Development Plan. (H) Landscaping and Natural Open Space - A minimum of 60 per cent of Development Area B shall be landscaped or natural open space in accordance with the Approved Development Plan, with the exception of Phase II of Development Area B, which shall be as designated on the Approved Development Plan. (I) Parking and Loading - (1) Offstreet parking shall be provided in accord with Chapter 18.52 of this Ordinance No. 26, Series of 1993 6 ordinance; at least 85 per cent of the reauired parking shall be located within the main building or buildings, or beneath accessory decks, terraces, plazas, or tennis courts and shall be completely enclosed and screened from view, with the exception of Phase II of Development Area B, which shall be as designated on the Approved Development Plan. (2) No parking or loading area shall be located in any required front setback area or on the south side of any building, and no parking or loading shall be permitted at any time in areas designated for recreation or open space use on the Approved Development Plan. (3) Driveways, passenger loading areas, and parking areas not located within a building shall be permitted only as indicated on the Approved Development Plan. (4) On-site parking shall be provided for common carriers providing charter service to the development; said parking sites shall be indicated on the Approved Development Plan. (J) The Approved Development Plan for Phase II of Development Area B shall consist of the following drawings provided by Morter Architects: • Sheet No. 1, dated June 1, 1993, and revised June 14, 1993 (Landscape Plan) • Sheet No. 2, dated April 12, 1993, and revised May 13, 1993 and June 14, 1993 (Vicinity Plan/Site Section) • Sheet No. 3, dated June 1, 1993, and revised June 14, 1993 and June 15, 1993 (Site Plan) • Sheet No.'s 4, 5 and 6, dated April 12, 1993 (Floor Plans for Unit Types A, B and C) • Sheet No. 7, dated May 13, 1993 (Floor Plans for Employee Housing Building) • Sheet No. 8, dated April 12, 1993 (Elevations for Unit Types A and B) • Sheet No. 9, dated April 12, 1993, and revised June 1, 1993 (Elevations for Unit Type C) • Sheet No. 10, dated June 1, 1993 (Project Phasing Plan) SECTION 8 -Recreational Amenities Tax. Ordinance No. 26, Series of 1993 7 The recreational amenities tax due to the development within SDD No. 5, shall be assessed at a rate not to exceed $0.75 per square foot of floor area and shall be paid in conjunction with construction phases and prior to the issuance of a building permit. SECTION 9 -Special Provisions. (A) Conservation and Pollution Controls. (1) If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures, and heat circulating devices as technology exists at the time of development. (2) Developer's drainage plan shall include provisions for prevention of pollution from surface run-off. (3) Developer shall include in the building construction in Development Area B energy and water conservation controls as general technology exists at the time of construction. (B) A minimum of ten (10) employee dwelling units shall be provided to be leased to employees of Vail Run or to permanent residents employed in the Gore Valley. The employee dwelling units required herein shall all be two bedroom units of no less than 850 square feet and shall not have fireplaces. The ten (10) employee dwelling units shall be maintained as rental units for employees for a period of not less than twenty (20) years. Appropriate covenants, shall be filed of record in the Clerk & Recorder's Office of Eagle County to insure that the provisions of this Section are complied with. The above shall not be applicable to Phase 11 of Development Area B which shall consist of four (4) employee dwelling units, and which shall satisfy the requirements of a '°Type III EHU" according to the Town's adopted housing ordinance (Ordinance 27, Series of 1992). (C) Approval of Subdivision and Interval Ownership -Interval ownership of multiple-family dwelling units, with the exception of the required employee dwelling units and the dwelling units in Phase II of Development Area B, is hereby approved. Subdivision of the multiple-family dwelling units (not designated for employee housing) permitted in Development Area B into interval ownership fee interests shall require no additional approvals from the Town of Vail Planning and Environmental Commission or from the Town Council for the Town of Vail. (D) Recreational Amenities -The Approved Development Plan shall include the Ordinance No. 26, Series of 1993 following recreational amenities: (1) A minimum of five additional tennis courts (Development Area A presently has three tennis courts with two of them covered during the winter season). Said tennis courts shall be made available to the general public on a fee basis, subject to reasonable regulation in favor of owners or guests of the development. (2) Recreation amenities fund contribution of $10,000 to be used for general recreational improvements by the Town of Vail. (3) Bike and pedestrian path traversing property from east property line of Development Area A to west site line of Development Area B shall be provided by developer with exact location to be mutually acceptable to developer and the Town. (4) Swimming pool (in addition to existing pool in Development Area A) of adequate size to reasonably serve the needs of the development and shall be open to the public on a fee basis subject to reasonable regulation in favor of owners or guests of the development. (E) Additional Amenities - (1) Developer shall provide adequate transportation services to the owners and guests of the development so as to transport them from the development to the Village Core area and the Lionshead area. (2) Developer shall provide in its Approved Development Plan a bus shelter of a design and location mutually agreeable to the developer and the Town Council. Said shelter to serve the Lionsridge area generally. SECTION 10 If any part, section, subsection, sentence, clause; or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. Ordinance No. 26, Series of 1993 9 w SECTION 12 The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1993. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the day of , 1993, in the Municipal Building of the Town. Margaret A. Osterfoss, Mayor Attest: Holly L. McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) this day of , 1993. Margaret A. Osterfoss, Mayor Attest: Holly L. McCutcheon, Town Clerk C:\ORD93.16 Ordinance No. 26, Series of 1993 10 ORDINANCE NO. 5 SERIES OF 1993 AN ORDINANCE AMENDING CHAPTER 16.04, AND SECTIONS 16.12.010, 16.20.010, 16.20.220, 16.22.010, 16.22.160, 16.26.010, 16.20.015 AND 16.22.014 OF THE TOWN OF VAIL MUNICIPAL CODE TO PROVIDE FOR THE PROHIBITION OF NEON f`IG~146-A#B SIGNS AND EXTERIOR GAS FILLED, ILLUMINATED AND FIBER OPTIC SIGNS, AND PROVIDING REGULATIONS REGARDING THE REVIEW OF ALL OTHER GAS FILLED, ILLUMINATED AND FIBER OPTIC SIGNS, AND INTERIOR ACCENT LIGHTING AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds that signage has a significant impact on the visual quality and character of the Town; and WHEREAS, it is important to maintain the quality of the signage in order to maintain a resort market preserving the unique character of the Town and fostering the quality of the Town; and WHEREAS, the Town Council finds that the proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with the high quality resort environment; and WHEREAS, the Town Council finds that effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 1 Chapter 16.04 is hereby amended by the addition of the following sections: Section 16.04.165 Neon ' Sign - a sign eHi~#~ in which a colorless, odorless, primarily inert gaseous element known as neon is found and produces illumination. Section 16.04.115 Gas Filled ~ieli~eF Sian - a,~ sign in which illuminating gas is heated to produce light. Section 16.04.116 Gas Filled Tubing, - a tube in which illuminating gas is heated to produce light. Section 16.04.125 Illuminated eF Sign - a e~ sign emitting or reflecting a steady suffused or glowing light. Section 16.04.075 Fiber Ogtic '"nor Sign - a ref sign of very thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction and transmits throughout its length through internal reflections. 1 Section 16.04.126 Lighting, accent - "accent lighting" means a light source located within the interior of a building whose use ~s in whole or is art peat c~mrnerciial lthat illuminates e•~#aee display window and or merchandise by the means of spotlights, gas filled tubing or other similar features. Section 2 Section 16.12.010 - Paragraph C of the Vail Municipal Code is hereby amended to read as follows: C. Review and approval of the Design Review Board for window signs exceedling five (5) square feet but not more than ten (10) square feet, exterior signs exceeding 5 square feet, subdivision entrance signs, all sign programs, permitted gas filled window sign, illuminated window sign, fiber optic window sign and accent lighting. Section 3 Section 16.20.220 -Paragraph B(1) and Section 16.22.160 -Paragraph B(1) of the Vail Municipal Code are hereby amended to read as follows: Section 16.20.220 -Paragraph B(1) -Size and Section 16.22.160 Paragraph B(il -Size Any sign or signs attached to or applied to the inside surface of any exterior window will be limited to a coverage of 15% (fifteen percE;nt) of the total window space. Further, with the exception of illuminated, gas filled and fiber optic window signs, no sign or signs shall cover more than ten (10) square feet of any window space. Illuminated, gas filled, and fiiber optic window signs shall not cover more than three (3) square feet of any window space. Section 4 Section 16.20.220 - Paragraph D -Number and Section 16.22.160 Paragraph D -Number of the Vail Municipal Code are hereby amended to read as follows: Section 16.20.220 D -Number and Section 16.22.160 D -Number D. Each window frontage may contain sign or signs within the prescribed sign limits for each frontage on a street or major pedestrian way with a maximum of two (2) signs per frontage. Not more than one (1) sign for each frontage shall be permitted to be an illuminated or gas filled or fiber optic window sign. Section 5 Section 16.20.220 F -Design and 16.22.160 F -Design of the Vail Municipal Code are hereby amended to read as follows: 2 Y ~ F. -Design, -All illuminated, gas filled or fiber optic window signs shall be subject to review by the Design Review Baard. Section 6 Section 16.20.220 Paragraph I -Special Provisions of the Vail Municipal Code is hereby amended by the addition of sub paragraph (4) to read as follows: I(4) - An illuminated, gas filled or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. One (1) square foot of sign shall be allowed per each five lineal feet of frontage of the individual business or organization having its own exterior public entrance in a single business use or a multi- tenant building with a maximum of three (3) square feet of sign allowed for a business with insufficient frontage. A maximum of 10 sq. ft. shall be allowed for one (1) sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section 7 Section 16.22.160 Paragraph I -Special Provisions of the Vail Municipal Code is hereby amended by the addition of sib paragraph (2) to read as follows: I(2) An illuminated, gas filled or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. 2.5 square feet of sign shall be allowed per each five (5) lineal feet of frontage of the individual business or organization having its own exterior entrance in a single business use or amulti-tenant building, with a maximum of five (5) square feet of sign allowed for businesses with insuf#icient frontage. A maximum of tern (10) square fee: shall be a~lowed for one (1) sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2j signs for the business shall be allowed. Section 8 Section 16.26.010 of the Vail Municipal Code is hereby amended by the addition of Paragraph M to read as follows: Section 16.26.010 - Paragraah iw 1. All neon signs. 2. All illuminated, gas filled and fiber optic signs and aCCeknt lighting located on the exterior of any buiidi~~g ot• structure. 3. Illuminated, gas filled and fiber optic sign or signs within the interior of thz business and not considered to be a window sign which have a total accumulative square footage greater than ten (10) square feet in size and which can be seen from any public way within the Town. Section 9 Chapter 16.20 is hereby amended by the addition of Section 16.20.015 to read as follows: Section 16.20.015 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate display windows and/or merchandise B. Location. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business and shall be located within the interior of the building. C. Design. Subject to the approval of the Design Review Board pursuar+.t to Chapter 16.16 of the Vail Municipal Code. Section 10 Chapter 16.22 is hereby amended by the addition of Section 16.22.014 to read as follows: Section 16.22.014 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate display windows and/or merchandise;; B. Location. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business and shall be located within the interior of the building. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. Section 11 Section 16.20.010 - Paragraph B of the Vail Municipal Code by the addition of sub paragraph 22 is hereby amended to read as. follows: 22. Accent Lighting 4 ' Section 12 Section 16.20.010 - Paragraph C of the Vail Municipal Code by the addition of sub paragraphs 1(g) and 2(f) is hereby amended to read as follows: 1(g) -Accent Lighting 2(f) -Accent Lighting Section 13 Section 16.22.010 - Paragraph B of the Vail Municipal Code by the addition of sub paragraph 18 is hereby amended to read as follows: 18. Accent Lighting Section 14 Section 16.22.010 - Paragraph C of the Vail Municipal Code by the addition of sub paragraphs 1(g) and 2(f) is hereby amended to read as follows: 1(g) Accent Lighting 2(f) Accent Lighting Section 15 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 16 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 17 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5 :l Section 18 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to re~~ise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 1993, and a public hearing shall be held on this Ordinance on the 20th day of July, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municiipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD93.5 6 ORDINANCE NO. 13 SERIES OF 1993 AN ORDINANCE AMENDING PARAGRAPHS 16.32.030(F) AND 16.32.040(A) OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, TO PROVIDE FOR THE TERMINATION OF ANY NON-CONFORMING SIGN FIVE YEARS AFTER THE EFFECTIVE DATE OF ANY AMENDMENT TO THE SIGN CODE ORDINANCE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail has enacted an amendment to the Sign Code regulating neon and gas lit signs; and WHEREAS, the Town Council wishes to amend the Sign Code to require that non- conforming neon and gas lit signs shall terminate five (5) years after the effective date of the amendment. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 1. Paragraph 16.32.030(F} of the Municipal Code of the Town of Vail is hereby amended to read as follows: By amortization the right to continue to use oroperate anon-conforming sign shall terminate five (5) years after the effective date of the ordinance codified in the title or any amendment thereto or the annexation of the area in which the sign is located to the Town of Vail. 2. Paragraph 16.32.040(A) of the Municipal Code of the Town of Vail is hereby amended to read as follows: A) Within a reasonable time after the effective date of the ordinance codified in this title, any amendment thereto, or the effective date of the annexation of any area to the Town, the Sign Code administrator shall compile a list of the existing non-conforming signs and present said list to the Design Review Board at its next regularly scheduled meeting. The Design Review Board may affirm, add to, or delete signs from the list as presented by the Sign Code administrator. After the review of the list of non-conforming signs by the Design Review Board, the Sign Code administrator shall send written notice by regular mail, postage prepaid, to the owner of the non- conforming sign (if known to the Sign Code administrator) and to the owner of property, business interest or enterprise advertised or identified by the non-conforming sign. Within fifteen (15) days from the date of said notice, 1 the owner of the sign or the property, business interest or enterprise advertised or identified by the non-conforming sign may appeal the classification of the sign as non-conforming to the Design Review Board and the Town Council, or he may file an application for a variance. The date of the notice shall be deemed to be the date of its mailing. The Design Review Board may recommend to the Town Council that the application for a variance be granted, and the Town Council may approve the application if it is found that the sign substantially conforms to this title, that it does not adversely affect the character of the neighborhood, and the same would be in the public's interest. If the variance is granted, the sign may continue in existence subject to the provisions of this title, and subject to any conditions that may be made on the approval by the Town Council. If the application is denied, the right to continue anon-conforming sign shall terminate in accordance with the provisions of this chapter. 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore 2 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of , 1993, and a public hearing shall be held on this Ordinance on the _ day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD93.13 3 ORDINANCE NO. 6 SERIES OF 1993 AN ORDINANCE AMEND{NG TITLE 12 -STREETS AND SIDEWALKS OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, BY THE ADDITION OF CHAPTER 12.16 -REVOCABLE RIGHT OF WAY PERMITS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail (the "Town") believes it will benefit the health, safety, and welfare of the citizens of the Town of Vail to regulate the placement of structures such as buildings, landscaping, and fences on public property such as street right-of- ways and sidewalks to assure public access to and safe use of the Town's property. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: I. Title 12 of the Municipal Code of the Town of Vail is hereby amended by the addition of Chapter 12.16 to read as follows: CHAPTER 12.16 -REVOCABLE RIGHT OF WAY PERMIT Section 12.16.010 -Revocable Right of Wav Permit Reauired A. No person shall erect or maintain any building, structure, stand, cart, fence, barrier, post, hedge or other obstruction or encroachment under or upon any street, alley, sidewalk or other public property without first obtaining a permit from the Community Development Department under this Section. B. An applicant for aright-of-way permit shall: 1. File a written application on forms furnished by the Community Development Department that include the following: the date, the name of the applicant, the location of the proposed encroachment or obstruction, the type of encroachment or obstruction, and such other information as the Community Development Department may deem necessary. 2. File a site plan showing the {ocation of the encroachment and how it relates to the public right-of-way and where relevant a survey may be required. 3. With the exception of minor landscaping encroachments, file evidence of adequate public liability insurance naming the Town as 1 an additional insured. 4. Pay a fee in the amount of $ If an applicant's encroachment is subject to the terms of Paragraph D hereof, an additional fee of $ shall be required. C. Before issuing a right of way permit under this Section, the Community Development Department shall consult with relevant Town departments which may include the Fire, Police, Public Works Departments, and all public utilities to determine whether the permit meets all the requirements of this Code and other ordinances of the Town. The Community Development Department shall issue each permit upon a finding that in view of the location or area proposed to be used and the type of encroachment or obstruction proposed to be carried on, the proposed encroachment or obstruction does not constitute a traffic hazard or destroy or impair the use of the right of way or land by the public or serves a purpose that can not otherwise be accomplished and is a temporary obstruction of the right of way. D. For any encroachment, obstruction, or other structure which is (a) recommended by the Town of Vai! Streetscape Plan, (b) the Town of Vail Village Master Plan, or (c) the Lionshead Urban Design Guide Plan, or other plans which are a part of the Town's comprehensive plan, the following process shall be utilized for the termination of any revocable right of way permit for such improvement. 1. Prior to installation, the improvement shall be presented to the Town Council at a work session or regular Town Council meeting. The Town Council shall establish an amortization schedule providing for specific payments to the permittee upon the termination by the Town of the permit. In determining the maximum length of time for the amortization scheduled, the Town Council shall use the public interest as a guideline. However, in no event shall the amortization schedule extend for a period greater than eight (8) years. The amortization schedule shall be based on the hard costs of the improvement, and shall not take into consideration design or labor costs. The costs shall be set after a review by the Town Council. 2. Should the Town terminate any revocable right of way permit for any improvement set forth in this Paragraph C, the Town shall pay 2 the permittee the funds provided therefore in the amortization schedule for the year in which the improvement is terminated. Should the improvement be destroyed or eliminated for any reason other than the Town of Vail's revocation of the permit, the Town shall not be liable for any payment to the permittee. II. Section 12.16.020 -Revocation of Permits A. A permit may be revoked whenever the Town Manager determines that the encroachment, obstruction, or other structure constitutes a nuisance, destroys and impairs the use of the right of way by the public, constitutes a traffic hazard, or the property on which the encroachment, obstruction, or structure exists is required for use by the public; or it may be revoked at any time for any reason deemed sufficient by the Town of Vail. The permittee will remove, at his expense, the encroachment, obstruction, or other structure within ten (10) days after receiving notice of revocation of the permit. B. If a person is notified under sub-section a of this Section and fails to comply with the order to remove the encroachment or obstruction, the Town Manager may cause the encroachment or obstruction to be removed and charge the cost thereof, plus up to fifteen percent (15%) of such cost for administration to the person so notified. If any person fails or refuses to pay when due any charge imposed under this Section, the Town Manager may, in addition to taking other collection remedies, certify due any unpaid charges, including interest, to the Eagle County Treasurer to be levied against the person's property for collection by the County in the same manner as delinquent general taxes upon such property are collected. III. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. IV. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. V. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution 3 commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. VI. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of , 1993, and a public hearing shall be held on this Ordinance on the _ day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD93.6 4 RESOLUTION NO. 8 SERIES OF 1993 A RESOLUTION ESTABLISHING SUPPORT OF THE VAIL TOWN COUNCIL FOR PLAN "C" OF THE VAIL VALLEY PERFORMANCE AND CONFERENCE CENTER, SUBMITTING AT THE REGULAR MUNICIPAL ELECTION A NEW TAX ON RESTAURANTS AND BARS AND LODGINGS, AND EXPRESSING THE INTENTION OF THE TOWN OF VAIL TO COMMIT FUNDS TOWARD THE CONSTRUCTION OF THE CENTER. WHEREAS, The Vail Town Council, as well as the community, supports the development and construction of a Vail Valley Performance and Conference Center; and WHEREAS, the Vail Town Council endorses Plan "C", attached hereto and incorporated herein by reference, of the Vail Valley Performance and Conference Center; and WHEREAS, the Vail Town Council wishes to submit to the registered qualified electors of the Town at the next Regular Municipal Election for approval a 0.9% tax on restaurants and bars and a 1.8% tax on lodging which revenue will be dedicated to the construction, marketing, and operations of a performance and conference center; and WHEREAS, consistent with the aforementioned tax, the Town of Vail would issue revenue bonds in the amount of ten to thirteen million dollars ($10,000,000.00 to $13,000,000.00); and WHEREAS, the portion of the tax that is required to finance the debt of the revenue bonds will sunset when the debt is retired; and WHEREAS, the aforementioned taxes if approved will be collected beginning in January, 1994, and accumulated for no longer than three (3) years before beginning construction on a facility which incorporates a performance and conference center consistent with the total public and private funds available. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado that: 1. The Town Council shall at the next Regular Municipal Election submit to the registered qualified electors of the Town of Vail the approximate following ballot question: "Shall the Town of Vail taxes be increased annually by the imposition of a new tax of 0.9% on restaurants and bars and a new tax of 1.8% on lodging commencing in January, 1994, and thereafter which revenue shall be designated exclusively for the construction, marketing, and operations of a performance and conference center." 2. The Town Council expresses its intention, desire, and expectation that the Town will commit one million dollars ($1,000,000.00) to the Vail Valley Performance and Conference 1 Resolution No. 8, Series of 1993 1' Center in the year 1995 or 1996 contingent upon: A. The economic feasibility of Plan "C" of the Vail Valley Performance .and Conference Center based upon the meeting planner demand analysis of July 1993; and B. The approval by a majority of the registered qualified electors of the aforementioned 0.9% tax on restaurants and bars and the 1.8% tax on lodging; and C. The receipt of pledges of charitable contributions from private sources of at least three million five hundred thousand dollars ($3,500,000.00) by the start of construction tai finance both the construction and endowment of the Vail Valley Performance and Conference Center. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of July, 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RESOLU93.8 2 Resolution No. B, Series of 1993 VAIL VALLEY PERFOP~1ViANCE & CONr~~RENCE CEN ~ ~R VISION Our vision includes a Performance Center which provides ayear-round venue for the performing arts in the Vail Valley that meets ow high standards of excellence, and a Conference Center for large groups that is rrignifiicandy larger than other spaces available in the valley. We believe this facility will imr.. _ ~ e the quality of life for the r :,..rle who live here, as well as help develop a more balanced economy throughout the entire valley by improving business in our service industries at all times of year. GOALS * Contn'bute to the continuous employment of our citizens in the hospitality and related industries * Meet the expectations of a demanding resident and guest population * Increase the variety of cultural attractions available in fall, winter & spring * Expand Veil's reputation for diversity * Utilize ow existing infrastructure at all times of the year . * Provide a facility for c miry events FACILITY DESCRY i tON This two story, 94,000 square foot building will be situated on the lead between the Lionshead Parking Structure and Dobson Ice Arena. It will house a 950 seat theatre with 380 seats in the lower level orchestra, 220 seats in the upper level orchestra, and 350 seats in the balcony. A Black Box for more intimate performances is located on the first floor. The conference space includes a 14,600 SF ba1L,,.,... on the second floor capable of seating 1,150 people for banquets or 1,475 people in auditorium style. The two fnst floor conference ~ ~~~~s would divide into nine breakout meeting ~ ~....s. A full service kitchen is adjacent b the ba1L~.,... and loading docks. The designs of Plan C are preliminary at this point. We expect changes to be made as we near construction. CONSTRUCTION & BOND ISSUANCE COSTS FOR START IN SPRING 1997 At $150/SF the facility will cost $21,123,150 at the present time, or adjusted for inflation it will cost 523,762,752 iti 1997. FINANCE MODEL ASSUM~r ~ YONS With the sYr.,, gal of the Vail voters in November 1993, 511,746,815 in Revenue Bonds will be issued and .:,r.:id with revenues generated by a Town of Vail Q.9 °k tax on t~estaurarrts & bars as well as a 1.8 96 tax on bdgMg. In addition, contributions from the Town of Vail and private donors in the amount of 54,469,059 would be necessary b pay for the facility, assuming a construction start of spring 1997. The tax revenues will initially be accumulated to contribute to construction of the building and will then fund the debt retirement and the annual ..,.:..~.ting deficit of 5481,000 as well as marketing expenses of 5450,000 per year. The amount of the tax needed for bond debt service will sunset when the debt is retired. Many funding scenarios have been explored and this one has been chorea because it has the least impact on individual residents of Vail while asking those who benefit most from the facility to pay most of the costs. We believe that although everyone in the Valley will egjoy the benefits of the Center, it will be paid for by private d. ~ ~ ~s acrd the guests of hotels and restaurants throughout Vail. The impact on Locals would only be 51.80 each month for someone spending 5200/month in local restaurants. Y ~ PROCESS: MEETING PLANNER SURVEY & COMMUNI'T'Y FEEDBACK A nationwide meeting planner demand analysis of Plan C will be completed by the end of July. This research will answer our questions about how likely groups are to comp to Vail is the times of year we need them most. It will also tell us haw many groups of different sizes may choose Vail and if this facility fits their needs. V this , ~ rt shows no demand for the conf:._ ..e center, it wiU not be bulk. If this .:,Y...t shows the facility would bring additional groups to Vail, we will continue to r.:.y:...t these plans to the community for feedback. If public opinion is positive, the restaurant & hotel ballot amendment will be ar r ~ !ed in Vail this November. Major donors (over 5100,000) will be sought for their support, and construction will begin in 1996 or 1997. With a construction period of 20 months, the facility will open in the fall of 1997 or 1996. FOR MORE INFORMATION Caroline Tremblay is the full time project coordinator for this facility. She can be reached at 845-9601. Your professional advise and personal observations are sincerely solicited. We are taking the next logical step in tics devel~~.,.,.ent of a Performance & Conference Center that will significantly contribute to a bettor quality of life for ow citizens and guest8. If yon want fo be an active part of this future, please participate in the feasibility study process. Your time and support will be aYr.;.,,:ated by generations to come. 7/6/93 . _ _ - ~ - - r i ~ . I ~ ~ "ti.., ...w u ~ , ~ 1. ~;{I. _ a~ - ~ ~1 ~ r, ;._.iw VAIL VALLEY j rt:hrUk,ti~:~~~~c~ ,c cwr~ hi Ncr Vf111 ARCHITECTS COLEAf30RATIVE 4 29 93 CEN~~[R a-~hn~ uui~ai~w riuir« .~~<<~risnti SOUTH FRONTAGE ROAD ~ ~ xEw ENTRANCE LOADWG DOCKS LIONSHEAD ~ DROP OFF . PARKING ~ Upper Level STRUCTURE ' Emnnce W buildin _ , KITCHEN ' • M ~ GREEN ROOM ~ DRESSING ROAMS f2 CAST ! 4 STAR) STAGE ~ I OFFICES \ ' .GRAND BALLROOM ' 14,600 SF ' °`J'« THEATRE ~ ~ P6aF0 ~wc~ BAS sOi~ % ~ ~ ~ ~ THEATRE . ~NFERENC • , . ~ / ~ LIONSHEAD Lower Orchaetn 380 Seale ROOMS' ~ ~ , ..a A" ~ PARKING Upper Orcheaira 220 5eau`,4.600 $F sTRUCruRE ~ ~ ~ t " /"Q CONFERENCE II, ' ! , ROOMS II ' ~ I ~ l 600 SF UPPER LEVEL ~ ~ t DOBSON . - - MAIN ENTRANCE ' VAIL VALLEY PERFORMANCE & CONFERENCE CENTER VILLAGE LEVEL • EAST LIONSHEAD CIRCLE PLAN "C" PRELIMINARY DRAWINGS For more information contact . Caroline Tremblay, Project Coordinator ' 845-9601 VAIL LIBRARY MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development DATE: May 24, 1993 SUBJECT: A request for a conditional use permit to allow for the elimination of a dwelling unit in order for the Vail Assoaates Real Estate office to expand in the A & D Building, located at 286 Bridge Street/Lots A - D, Block 5A, Vail Village First Filing. Applicant: Vail Associates/Jack Hunn Planner: Mike Mollica q v .xvv.u::v:.:;;1^::!:•:~- : .......:::::~w. vm: :Y•.f .w.•w•r !r N.`:'.!'.!H'N.H~,.r..Ak tt •'"jb::fff f::; ?i,• .4Y/.+rYh?:i4:-H-.;;:{•::.TJ:;?: •Y•i:;:'•i::{i;j:v:•::::.::.•:..:..::::•f.!!.v.~•::::::'F.~ ::!:.?:r i<:.i$.^:. :v.4:::~:.~+-0L+. ff:::.v::r.v::n v ......1]:..5~(f": S: ••,;}:J:.v,::ii ................+rve-.vn. fA~ffr:f:: r:~•::•: f~~l~:!-1.':f~f.!:f.::F.H.-<<i!?:v:::::..; :.ii:•: 4•%G:lY.v::.!:::i•:!v:!4:•::.w w:: •:.v::;:v:::::n..,, ' ••a::oa:•w.::. ,^,.:.::;:••,•~::!;!cf.;'f:::::::;.;:•:..:.............~.::.;:r..r!!.~•:>~••;••:x!<•»r,:............•.•!r:;f.::.:r;-•;!!. ::x:::.v :::::::::::::m::::r:x:.v:.::.vnv~n•:.vvv+%w:::::::{;{{~}:6.'Fi: i::: v:::::.:•.:..v i•%+n:.. .k.+„f ••:::::fv: x:,...,...rrr...::.::::x:.i w:f~i:' x:: v.r~4 n::v: ..:.::::::v::. .....:.....Y.•. r....:.. ~!!!L^: iii:{!... ::n.: f.... .......:.vA:::.:v: ~::':.•:•:'F: is^iii:•i::::. v n..........w:.:v:::nvvv::w::::;:+:!•:.:•..::.v::. .::.v::.v:f•.vn...:::::: fx. r v :..x ~r.•n x:: ~::::.:v: w: :unvx: ......^^.m::: x:::::: m: v. f•.•. :.•x: :.vr.v :x:: w:n~: x:::. ~avi::::;.a;•:;'•:~::::::asaw«wrc..:....:..,uvw,V:k.......x...3...~~:....:......~........r.....>L••;,r...............:r.:~.f............N,,,,,. .............wcccacwtf}`;F^.:5.:^..y...~i.ww'd~GruxcC!u:::°:.;.::.~. I. DESCRIPTION OF THE PROPOSED REQUEST Barry Florescue, owner of the A 8~ D Building, is represented by Jack Hunn with Vail Associates, Inc. and is requesting a conditional use permit to allow for the elimination of a dwelling unit within the Commercial Core I zone district. The A 8 D Building is located at the southeast intersection of Bridge Street and Gore Creek Drive. Vail Associates Real Estate currently operates a real estate office, of approximately 575 square feet in size, on the ground floor of the A ~ D Building. Vail Associates is now interested in expanding their existing real estate office through the conversion of a second floor residential condominium. This condominium consists of approximately 1,820 square feet, and is located on the second floor immediately above the existing real estate office. According to Section 18.24.040 Permitted and Conditional Uses -Second Floor "a conditional use permit will be required in accordance with Chapter 18.60 for any use which eliminates any existing dwelling or accommodation unit or any portion thereof." Real estate offices fall under the category "professional offices, business offices and studios" and are considered permitted uses on the second floor within the Commercial Core I zone district. Because the existing area proposed to be converted to a professional office is currently a three bedroom condominium, a conditional use permit is required. II. ZONING ANALYSIS The only development standard which would be effected by this request would be the parking requirement. The differential in the parking requirement, for the conversion from residential to professional office, would be an increase of 5.28 parking spaces. The residential parking requirement is two parking spaces. The professional office parking requirement would be 7.28 parking spaces. Since properties located within the Commercial Core I zone district are not allowed to provide on-site parking, the applicant will be required to pay into the parking fund. Since the parking differential is 5.28 parking spaces x $8,000 per parking space, the payment into the parking fund would be $42,240. 1 III. CRITERIA AND FINDINGS ~ r The Commercial Core I zone district contains its own conditional use permit factors, which are listed in Section 18.24.070 of the Municipal Code. Upon review of the Commercial Core I conditional use permit factors, the Department of Community Development recommends dental of the conditional use permit based upon the following criteria: A. Effects of vehicular traffic on Commercial Core I district; t3. Reduction of vehicular traffic in Commercial Core I distract; C. Reduction of nonessential off-street parking; D. Control of delivery, pick up, and service vehicles; E. Development of public spaces for use by pedestrians; F. Continuance of the various commercial, residential and public uses in Commercial Core I district so as to maintain the existing character of the area; G. Control quality of construction, architectural design, and landscape design in the Commercial Core I zone district so as to maintain the existing character of the area. tt is the staff's position that the only criteria or factor which is applicable to the applicant's request is Letter F above. The Commercial Core I zone district is intended to be a mixed use, commercial, residentia! and lodging zone district. The horizontal zoning established by the zone district is set up to maintain these uses. It is the staff's opinion that the reduction of the bed base in the Village does not further the purpose and goals of the Commercial Core I zone district. Additionally, we believe that the fot~owing goals, objectives and policies, as listed in the Vail Village Master Plan, are applicable to the applicant's request: Goal #2: To foster a strong tourist industry and promote year-round economic health. Objective 2.3: Increase the number of residential units available for short-term overnight accommodations. Policv 2.3.1: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2 ~t IV. REVIEW OF SIMILAR REQUE~ ~ In 1988, the PEC approved a conditional use permit request for the elimination of two dwelling units in the Commercial Core 1 zone district (Mill Creek Court Building). This request involved combining three dwelling units into one larger unit. The request was approved as it was determined that the elimination of the two dwelling units would not upset the balance and mix of land uses as the actual 'bed base" of the units was not being reduced and the residential use was maintained. V. STAFF RECOMMENDATION The staff is recommending denial of the requested conditional use permit to eliminate one dwelling unit within the Commercial Core I zone district. Although the request has no impacts on six of the seven review criteria, we believe that Criteria F would be impacted in a negative fashion, and that the elimination of a dwelling unit in the Village Core does not further'the Vail Village Master Plan goals and the purpose of the Commercial Core I zone district. Should the PEC decide to approve this request, the staff would recommend two conditions of approval. The first condition would be that the applicant be required to pay into the parking fund the required amount as indicated in Section II of this memorandum. The second condition of approval would be that the applicant meet all of the Fire Code requirements necessary for the conversion from residential to commercial use. c:\pecMemos\varealest.524 3 _ ~ ~ a Jeff Bowen made a motion to approve this request per the staff memo with Greg i Amsden seconding the motion. A unanimous 6-0 vote approved this request. 3. A request for a conditional use to allow tee-pees to be used in conjunction with Vail Associates summer programs to be located adjacent to the Base of Chair 8, Tracts B and D, Lionshead 1st Filing. Applicant: Vail Associates Planner: Jim Curnutte Jim Curnutte made a brief presentation per the staff memo and stated that staff was recommending approval of this request and that no conditions were being attached to this approval. He also stated that he had not been contacted by any of the adjacent property owners concerning this request. Kristan Pritz added that the approval would be for one year and that after that time; the Tee-pee Village would be relocated to the top of the Gondola. Greg Amsden asked the applicant, Bob Matarese, about access to the pedestrian bridge. Bob Matarese responded that access would be available without needing to go through the Tee-pee Village. Kathy Langenwalter made a motion to approve this request per the staff memo with Bill Anderson seconding the motion. 5-0 vote approved this request with Allison Lassoe abstaining due to her employment with Vail Associates. 4. A request for a conditional use permit to allow for the elimination of a dwelling unit: in order for the Vail Associates Real 1=state office to expand in the A & D Building, located at 286 Bridge Street/Lots A - D, Block 5A, Vail Village First Filing. Applicant: Vail Associates Planner: Mike Mollica Mike Mollica made a presentation per the staff memo and stated that staff is recommending denial of this request for a conditional use permit because staff believes this proposal would be in conflict with the purpose section of the Commercial Core I zone district and would be contrary to the relevant Vail Village Master Plan goals, objectives and policies outlined in the staff memo, particularly Goal #2. Ken Wilson, the representative from Vail Associates, stated that he does not feel that this project contradicts Goal #2 of the Vail Village Master Plan because he feels that ' real estate offices contribute to tourism. Greg Amsden stated that he was concerned with this proposal because if it was granted, it could set a precedent. Planning and Environmental l:ommisslon INiay 24, 1993 Q ~ Diana Donovan stated that the PEC's main concern with this request was that the conversion to a professional office could result in a "loss of life and excitement on Bridge Street". Greg Amsden made a motion to deny the request for a conditional use permit per the staff's memo and also because this request could open up future problems at this site, by allowing more GRFA to be added above the_ professional office (new third floor). Bill Anderson seconded this motion. Kristan Pritz added, for clarification, that future scenarios would have to be considered separately in respect to GRFA additions. Greg Amsden withdrew his previous statement and a 4-1-1 vote denied this request with Allison Lassoe abstaining due to her winter employment with Vail Associates and Jeff Bowen opposing this vote. Jeff Bowen stated that it was his opinion that reducing the bed base on Bridge Street had merit because of the noise in this area. 5. A request for a major amendment to SDD #5 to allow for the development of the remaining portion of the Simba Run SDD, Savoy Villas, located at i 100 North Frontage Road, more specifically described as follows: That part of the Frst Supplemental Map for Simba Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as tolbws: Beginning at the most southwesterly corner of said map, thence the following three courses along the westerly lines of said map; 1) N03°33'01"E 160.79 feet; 2) N12°50'33"E 144.72 feet; 3) N17°56'03' 70.60 feet; thence, departing said westerly line, S13°16'03"VN 157.26 feet, thence S76°43'57"E 91.50 feet; thence N13°16'03"E 35.00 feet; thence S76°43'57"E 72.31 feet to the easterly line of said map; thence the following two courses along the easterly and southeasterly lines of said map; 1) S24°44'57"E 52.38 feet; 2) S52°50'29"W 272.50 feet to the Point of Beginning, containing 0.6134 acres, more or less; and That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the Office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most southerly corner of said Simba Run, thence the following four courses abng the southwesterly and northwesterly lines of said Simba Run; 1) N37°09'31"W 233.28 feet; 2) 334.57 feet along the arc of a curve to the left, having a radius of 1771.95 feet, a central angle of 10°49'06", and a chord that bears N42°13'20"E 334.07 feet; 3) N36°48'48" E 201.36 feet; 4) 15.96 feet along the arc of a curve to the right, having a radius of 428.02 feet, a central angle of 02°08'12", and a chord that bears N37°52'54' E 15.96 feet to a corner on the westerly boundary of the First Supplemental Map for Simba Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder; thence the following tour courses abng said westerly boundary; 1) S21°51'28"W 69.90 feet; 2) S17°56'03"W 181.17 teat; 3) S12°50'33"W 144.72 feet; 4) S03°33'01"W 160.79 teat to the southeasterly line . ~ of said Simba Run; thence, abng said southeasterly Gne, S52°50'29"W 113.08 feet to the Point of Beginning, containing 1.560 acres, more or less. . Applicant: Simba Land Corporation/Vllalid Said Planner: Mike Mollica Kathy Langenwalter made a motion to table this item until June 14, 1993 with Jeff Bowen seconding this motion. A 6-0 vote tabled this item until June 14. 1993. Planning and Environmental Commission play 24, 1993 g ^Vailo ,r' Vail Associates, Inc. Creators and Operators of Vail and Beaver Creep Resotts May 28, 1993 Ms. Kristan Pritz Director of Community Development Town of Vail 75 South Frontage Road Vail, Co 81657 RE: Vail Associates F.eal FSt~*.e Office Proposed Vertical Expansion REQUEST FOR APPEAL HEARING Dear Kristan: The purpose of this letter is to notify the Town of Vail that Vail Associates, Inc. intends to appeal the decision of the Planning and Environmental Commission relative to the above referenced application. Therefore we anticipate an appeal hearing with the Town Council on June 15, 1993. Please feel free to contact me if you have any questions or require additional information. Sincerely, V LASS IATES, INC. cc: Dan Fitchett ~ Ken Wilson Greg Stutz Jac D unn, Director Real Est to Development JDH•'d J ISC. 44 Post Office Box 7 • Vail, Colorado 81658 • USA - (303) 476-5601 4 7 ~ ^Vail® . Vail Associates, Inc. Creators and Operators of Vail and Beaver Creelfi~ Resorts June 11, 1993 Ms. Kristan Pritz Director of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 FE: Fail Asso~iat~s, Inc. Real Estate Office Proposed Vertical Expansion REQUEST TO TABLE APPEAL HEARING Dear Kristan: The purpose of this letter is to notify the Town of Vail that Vail Associates, Inc. requests that its application to appeal the decision of the Planning and Environmental Commission relative to the above referenced application be tabled until the first meeting in July. We require additional time to prepare our appeal presentation. Therefore, we anticipate an appeal hearing with the Town of Vail Council on July 6, 1993. Please contact me if you have any questions or require additional information. Sincerely, VAIL ASSOCIA ES, INC. cc: Dan Fitchett Ken Wilson Greg Stutz Jack D H , Director Planni g, D sign & Construction JDH:j JD SC.25 Post Office Box 7 • Vail, Colorado 81658 • USA - (303) 476-5601 ~~e~o ~ ~Vailo " c: ~o ~ 1993 Vail Associates, Inc. Creators and Operators of Vail and Bea~~er Creep Resorts July 6, 1993 Ms. Kristan Pritz Director of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Vail Associates, Inc. Real Estate Office Proposed Vertical Expansion REQUEST TO TABLE APPEAL HEARING Dear Kristan: The purpose of this letter is to once again notify the Town of Vail that Vail Associates, Inc. requests that its application to appeal the decision of the Planning and Environmental Commission relative to the above referenced application be tabled until the second meeting in July. We require additional time to prepare our appeal presentation. Therefore, we anticipate an appeal hearing with the Town of Vail Council o my 13, 19-93~ Please contact me if you have any questions or C uiLC additional information. ~~~y z~~ Sincerely VA ASS IATES, INC. cc: Dan Fitchett ' Ken Wilson Greg Stutz Jac D. nn, Director Pla nin , Design & Construction JD :jd HMISC." 99 Post Office Box 7 • Vail, Colorado 81658 • USA - (303) 476-5601 ~ VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 13, 1993 2:00 P.M. IN TOV COUNCIL CHAMBERS REVISED AGENDA 1. Discussion Re: Vail Valley Medical Center (VVMC) Proposed Helipad Relocation. Applicant: VVMC, Dan Feeney. 2. Discussion Re: Vail Athletic Club Parking. Applicant: JWT/ 1987 Vail Limited Partnership, Stan Cope. 3. PEC Report. 4. DRB Report. 5. Discussion Re: Covering 170 Concept and Private Sector Development. 6. Review of TOV/Sierra Computer Systems, Inc. Agreements. . 7. Information Update. 8. Council Reports. 9. Other. 10. Executive Session: Legal Matters. 11. Adjournment. • • • • • • • THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 7/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. • • • • • • • C:VIGENDA.WS 4 VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 13, 1993 2:00 P.M. IN TOV COUNCIL CHAMBERS REVISED EXPANDED AGENDA 2:00 P.M. 1. Discussion Re: Vail Valley Medical Center (VVMC) proposed Kristan Pritz helipad relocation. Applicant: Vail Valley Medical Center, Dan Feeney. Action Reauested of Council: Allow the project to proceed through the planning process. Backaround Rationale: Review letter from VVMC dated July 2, 1993, and discuss proposed relocation of the helipad currently located at the west end of the Municipal Building site to the east end of the Ford Park parking lot and a request to proceed through the planning process in order to obtain a conditional use permit. In order to provide as much parking as possible on the Municipal Building site, the helipad needs to be relocated. Town staff met with representatives from the VVMC, Ambulance District, and helicopter pilots to discuss alternative locations. It was determined that the east end of the Ford Park parking lot could be a potential site. Staff Recommendation: Allow VVMC to proceed through planning process for a conditional use permit. 3:00 P.M. 2. Discussion of a request by the owners of the Vail Athletic Club, Shelly Mello located at 352 East Meadow Drive, to become an exempt property Stan Cope which would allow them to pay into the parking fund for any additional required parking associated with their proposed remodel. Applicant: JWT/1987 Vail Limited Partnership represented by Stan Cope. Action Reauested of Council: Determine if this option to pay into the parking fund is appropriate to use for a portion or all of the additional required parking for the Vail Athletic Club. Backaround Rationale: The owners of the Vail Athletic Club are currently developing plans for the redesign of the Vail Athletic Club. They are using the SDD process. It has been determined that it would be difficult to provide any additional parking on the Vail Athletic Club site. At this time, the owners would like to discuss the possibility of paying into the parking fund in order to provide for any additional parking which may be a result of the redevelopment. Staff Recommendation: Staff is open to considering the possibility of using the exemption process for lodge parking requirements for properties that are in close proximity to the Town's parking structure. The number of spaces is still a question and must be considered in light of the benefits of the proposed total redevelopment, i.e. mix of uses, density, design, landscaping, etc. Staff is also completing research of the utilization of Town parking structures which will be helpful in the decision making process. 1 3:45 P.M. 3. PEC Report. Kristan Pritz 3:55 P.M. 4. DRB Report. Shelly Mello 4:00 P.M. 5. Discussion Re: Covering l70 Concept and Private Sector Steven Conger, Development. Conger Fuller Architects, Aspen, CO Action Reauested of Council: None -information only. and Walter Rector, Backaround Rationale: See Bromont Investments, Inc. letter dated Bromont Investments, June 25, 1993. Inc. Staff Recommendation: Listen, ask questions, comment. 5:00 P.M. 6. Review of TOV/Sierra Computer Systems, Inc. Agreements. Gary Murrain Action Reauested of Council: Review the two (2) agreements covering the purchase of software, maintenance agreement, system installation, and staff training for this building permit processing and land use computer system. Backaround Rationale: This system will allow the CDD to dramatically improve and streamline customer service. Staff Recommendation: Approve the agreements. 5:15 P.M. 7. Information Update. 8. Council Reports. 9. Other. 10. Executive Session: Legal Matters. 11. Adjournment. • • • • • • • THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 7/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. • • • • • • • C:WGENDA.WSE 2 VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 13, 1993 2:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. Discussion Re: Vail Valley Medical Center (VVMC) Proposed Helipad Relocation. Applicant: VVMC, Dan Feeney. 2. Discussion Re: Vail Athletic Club Parking. Applicant: JWT/ 1987 Vail Limited Partnership, Stan Cope. 3. PEC Report. 4. DRB Report. 5. Discussion Re: Covering 170 Concept and Private Sector Development. 6. Review of TOV/Sierra Computer Systems, Inc. Agreements. 7. Information Update. 8. Council Reports. 9. Other. 10. Adjournment. • • • • • • • THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 7/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. • • • • • • • C:V?GENDA.WS R VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 13, 1993 2:00 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 2:00 P.M. 1. Discussion Re: Vail Valley Medical Center (VVMC) proposed Kristan Pritz helipad relocation. Applicant: Vail Valley Medical Center, Dan Feeney. Action Reauested of Council: Allow the project to proceed through the planning process. Backaround Rationale: Review letter from VVMC dated July 2, 1993, and discuss proposed relocation of the helipad currently located at the west end of the Municipal Building site to the east end of the Ford Park parking lot and a request to proceed through the planning process in order to obtain a conditional use permit. In order to provide as much parking as possible on the Municipal Building site, the helipad needs to be relocated. Town staff met with representatives from the VVMC, Ambulance District, and helicopter pilots to discuss alternative locations. It was determined that the east end of the Ford Park parking lot could be a potential site. Staff Recommendation: Allow VVMC to proceed through planning process for a conditional use permit. 3:00 P.M. 2. Discussion of a request by the owners of the Vail Athletic Club, Shelly Mello located at 352 East Meadow Drive, to become an exempt property Stan Cope which would allow them to pay into the parking fund for any additional required parking associated with their proposed remodel. Applicant: JWT/1987 Vail Limited Partnership represented by Stan Cope. Action Reauested of Council: Determine if this option to pay into the parking fund is appropriate to use for a portion or all of the additional required parking for the Vail Athletic Club. Backaround Rationale: The owners of the Vail Athletic Club are currently developing plans for the redesign of the Vail Athletic Club. They are using the SDD process. It has been determined that it would be difficult to provide any additional parking on the Vail Athletic Club site. At this time, the owners would like to discuss the possibility of paying into the parking fund in order to provide for any additional parking which may be a result of the redevelopment. Staff Recommendation: Staff is open to considering the possibility of using the exemption process for lodge parking requirements for properties that are in close proximity to the Town's parking structure. The number of spaces is still a question and must be considered in light of the benefits of the proposed total redevelopment, i.e. mix of uses, density, design, landscaping, etc. Staff is also completing research of the utilization of Town parking structures which will be helpful in the decision making process. 1 y 3:45 P.M. 3. PEC Report. Kristan Pritz 3:55 P.M. 4. DRB Report. Shelly Mello 4:00 P.M. 5. Discussion Re: Covering 170 Concept and Private Sector Steven Conger, Development. Conger Fuller Architects Action Reauested of Council: None -information only. and Walter Rector, Backaround Rationale: See Bromont Investments, Inc. letter dated Bromont Investments, June 25, 1993. Inc. Staff Recommendation: Listen, ask questions, comment. 5:00 P.M. 6. Review of TOV/Sierra Computer Systems, Inc. Agreements. Gary Murrain Action Reauested of Council: Review the two (2) agreements covering the purchase of software, maintenance agreement, system installation, and staff training for this building permit processing and land use computer system. Backaround Rationale: This system will allow the CDD to dramatically improve and streamline customer service. Staff Recommendation: Approve the agreements. 5:15 P.M. 7. Information Update. 8. Council Reports. 9. Other. fn~~ 10. Adjournment. • • • • • • • THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 7120/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 7/20/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 7/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. • • • • • • • C:WGENDA.WSE 2 XC- ' ~ DECEIVED U L - 1993 181 West Meadow Drive, Suite 100 ~~~U~~~ Vail, Colorado 81657 ~I (303) 4 76-2451 July 2, 1993 ~..11 ~S ~.~z ~'6 ~ _ . Town Council Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Town Council: Recently, the Town Staff advised the Hospital 'that the existing helipad must be vacated by the end of Summer. As you are probably aware, the helipad is used for emergency medical evacuations of patients whose conditions require specialized care not presently available at our hospital. While the overwhelming majority of medical transfers to Denver will continue to be accomplished by ground, a small but crucial number will always be made by helicopter. In cases where the health and even survival of the patient depends on the quickest possible transfer, a helicopter may be selected for the means of transportation. The hospital's long-range master plan anticipates that a roof-top helipad will eventually be built on our site. This plan, which calls for consolidation of all emergency services at the east end of our property (with access directly off of South Frontage Road), will require the demolition and reconstruction of the east wing of the hospital, and is not likely to occur within the next seven years. In the meantime, it has been suggested that an alternate site might be found at Ford Park, at the east end of the presently unpaved parking lot. On Wednesday, June 30, a group consisting of repre- sentatives of the Toc,~n Staff, Hospital, P_mbularce District and Airlife (the helicopter service), inspected the site, and deter- mined that Ford Park would be suitable for a helipad, providing certain improvements were made. To this end, we request that the Town Council inspect the proposed location during its work session of July 13, 1993, to review the modifications that have to be made. Vail Valley Medical Center would like to join with the Town of Vail and the Ambulance district in an effort to relocate the helipad. We believe we can all agree that a helipad for emergency medical evacuation is a necessary asset for the community and respectfully request that the Town Council provide land at Ford Park for this essential purpose. Sincerely, e~"„"'1~~ L~ Ray M1c~M~ahan Ray McMahan Chief Executive Officer Chief Executive Officer 181 West Meadow Drive, Suite 10U Vail, Colorado 81 U57 .r, ~ . t1(°1~?C~lC~1~ C~~ t~f~~' Town Council Town of Vail 75 S. Frontage Road Vail, CO 81657 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 13, 1993 SUB,lECT: The Vail Athletic Club's request to become an exempt property which would allow them to pay into the parking fund for any additional required parking. Applicant: JWT ! 1987 Vail Limited Partnership The owners of the Vail Athletic Club (VAC) are currently developing plans for the renovation of the hotel. The owners have submitted a Special Development request to the PEC which was reviewed in June at a worksession. At this time, the owners are requesting that the Council discuss whether or not it is appropriate to designate the VAC as an exempt property. To designate the VAC as an exempt property means that the owners would be allowed to pay into parking fund for any additional parking which will be required as a result of the redevelopment. According to Section i 8.52.160 -Off-Street Parking - Exemptions, a property owner may request to be declared exempt from the parking standards provided certain criteria have been met. (This section of the code is attached to the back of this memo.) The owner would subsequently be able to pay for all required parking rather than provide for it on site provided it is found that the property met the criteria outlined in Section 18.52.160 Al-4. In June, the applicants met with the PEC at a worksession to discuss the redevelopment of this property. The applicant is seeking approval through the Special Development District process. The underlying zoning is Public Accommodation. The applicant, at that time, was proposing to increase the density of the project including accommodation units, dwelling units and GRFA, as well as increase the amount of site coverage, common and restaurant area. The application exceeded the Public Accommodation development standards for density, units and GRFA as well as common area and site coverage. The existing building already exceeds all the standards for the existing zoning. With this redevelopment, there would also be an increase in the parking requirement for the building. In 1977, a parking variance was approved which allowed for the development of the VAC. At that time, a number of things were considered with the review of the proposal. The first was that this site had a limited ability to provide on site parking. A second consideration was that this proposal was providing highly desired hotel rooms for the community. In an effort to meet the needs of the community, the Town Council approved a parking variance for the site with the condition that four employee housing units be provided on site. At the time, it was felt that due to the proximity of the building to the Town parking structure, it was appropriate to allow for a parking variance on this site. Currently, the project has twenty parking spaces on-site which includes valet parking. Per the code, 76.6 spaces are required far the existing project. Due to the site constraints, the applicant is again seeking relief from the on site parking 1 r standards for any additional parking which may be required with a redevelopment of the project. ' At the PEC review in June, there was overwhelming concern by the board with the mass and bulk of the building and the need to add parking to the project as a result of the square footage and unit increases. It was felt that the applicant should pursue other possibilities in redeveloping the property which would take advantage of the existing building mass and not increase the parking requirement. Commissioners felt that the proposal which would have increased the net floor area by 17,294 sq. ft. and increased the parking requirement by 20.:3 spaces was inappropriate. They directed the applicant to work within the existing building envelope, but also indicated that they would entertain some expansion in the form of dormers on the south side of the building. It was the general consensus of the PEC that parking would be a critical issue in their review of the project and that the applicant should consider redeveloping the property without increasing the demand for parking. (Please see the attached draft minutes from the June 28, 1993 PEC meeting. The minutes have not been officially approved by the PEC at this time.) The applicant is in the process of rethinking the approach to the redevelopment of this building and has not yet resubmitted their proposal. Because parking is such a critical issue on this site, they would like to discuss whether or not the Town Council would allow them to become an exempt parcel for some or all of their additional required parking generated by the renovation. With Council's direction on this critical issue, the applicant will be able to better direct their efforts to redevelop this property. 2 18.2.160 Exemptions. A. The town council by resolution may exempt certain areas ~ . from the off-street parkir.e and loading requirements of this chapter if alternative means ..'ill meet the off-street parking ~ . aid loading needs of all uses in tl~e area. Prior to exempting ~ ~ ~ ~ any area from the off-street parking and loading require- ~ ~ • ~ . meats, t}~e council shall determine the following: ~ ~ ' I . That the exemption is in t}le interests of the area to be ~ . exempted and in the interests of the town at large; 2. That the exemption will not confer any special privilege or benefit upon properties or improvements in the area _ to be exempted, which privilege or benefit is not con- _ ~ (erred on similarly situated properties elsewhere in the ~ town; ~ . 3. That the exemption will not be detrimental to adjacent . properties or improvements in the vicinity of the area to . be exempted; 4. That suitable and adequate means will exist for provi- ~ . ~ ~ • sion of public, community, group or common parking . ~ . ~ . ~ . . facilities; for provision of adequate loading facilities and ~ . (Vail 2-81) 442 ~ • • . 1 OFF-STREET PAR1:II~'G AND LOADII~TG for a system for distribution and pickup of goods; and for ~ ~ ~ . financing, operating and maintaining such facilities; and - . that such paticing, loading and distribution facilities shall be fully adequate to meet the existing and projected needs generated by all uses in the area to be exempted. B. In commercial core I and commercial core II property owners ~ ~ . or applicants shall be required to contribute to the town parking ~ ~ . fund, hereby established, for the purpose of meeting the demand and requirements for vehicle parking. At such time as - . any property owner or other applicant proposes to develop or . redevelop a parcel of property within an exempt area which _ : - would require parking and/or loading areas, the owner or _ . applicant shall pay to the town the parking fee hereinafter required. . 1. The parking fund established in this section shall receive ~ . and disburse funds for the purpose of conducting parking studies or evaluations, construct;on of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council provided in no event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally. If any payor's funds are not used by the ~ town for one of the purposes specified in subparagraph 1 above within five }ears from the date of payment, the ~ ~ ~ ~ unused portion of the funds shall be returned to the payor upon his application. 3. In accounting for the funds expended from the parking - _ . fund, the finance department shall use a first in/first out : , rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payor shall be credited against the assessment with the amount previously paid. 443 (Vai14-7-92) . ZON~G . • 5. The parking fee to be paid by any owner or applicant is _ . hereby determined to be eight thousand dollars per space. ~ This fee shall be automatically increased every two years by the percentage the Consumer Price Index of the City of Denver has increased over each successive two year period. 6. For addivons or enlargements of any existing building or ~ change of use that would increase the total number of ~ ~ parking spaces required, an additional parking fee will be -required only for such addition, enlargement or change and ~ ~ " not for the entire building or use. No refunds will be paid " by the town to the applicant or owner. ~ . 7.' The owner or applicant has the option of pa}~ing the total ~ parking fee at the time of building permit or paying over a - five-}ear period. If the latter course is taken, >1'te first ~ ~ " pa}7rtent shall be paid on or before the date the building permit is issued. Four more annual pa}7nents will be due to the Town of Vail on the anniversary of the building permit. Interest of ten percent per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a " promissory note which describes the total fee due, the ~ " schedule of payments, and the interest due. Promissory " note forms are available at the offices of community development. . . 8. When a fractional number of spaces results from the application of the requirements schedule (Section ~ ~ . ] 8.52.100), the parking fee will be calculated using that . , . ~ ~ . ~ . fraction. This applies only to the calculation of the parking fee and not for on-site requirements. ~ ~ ~ " (Ord. 6 (1991) § l: Ord. 30 (1982) § 1: Ord. 47 (1979) § 1: Ord. 8 (1973) § 14.800.) ~ ~ " t. ~ ,l 6. A request for a joint worksession with the Planning and Environmental Commission and the Design Review Board for the establishment of a Special Development District to allow the expansion of the Vail Athletic Club, located at 352 East Meadow Drive, and more specifically described as follows: A parcel of land in Tract B, Vail Village, First Filing, Town of Vail, Eagle County, Colorado, more particularly described as follows: Commencing at the Northeast corner of said Tract B; thence N 79°46'00" W along the Northerly line of \/ail Village, First Filing, and along the Northerly tine of said Tract B 622.86 feet; thence S 06°26'52' W a distance of 348.83 feet to the Southwest comer of that parcel of land described in Book 191 at Page 139 as recorded January 10, 1966 and filed in Reception No. 102978 in the Eagle County Records, said corner also being the True Point of Beginning; thence S 79°04'08" E and along the Southerly line of said parcel 200.00 feet to the Southeast comer thereof; thence N 62°52'00" E and along the Northerly line of that parcel of land described in Book 222 at Page 513 as recorded in 1971 in the Eagle County Records, a distance of 66.'78 feet to the Northeasterly comer of said parcel of land; said corner being on the Westerly right-of-way line of Gore Creek Road, as platted in Vail Village, Fifth Filing; thence N 27°13'37" VY a distance of 77.37 feet along said Westerly right-of-way line of Gore Creek Road; thence N 89°29'22" W a distance of 12.80 fet~t to the Northeasterly corner of that parcel of land described in Book i91, Page 139 as recorded January 10, 1966 and filed in Reception No. 102978 in the Eagle County Records; thence Northwesterly 26.51 feet s~long the arc of a 37.50 feet radius curve to the left having a central angle of 40°30'00" whose chord bears N 53°40'00" W a distance of 25.96 feet to a point of tangency; thence N 73°55'00"Wand along said tangE~nt 166.44 feet; thence N 85°10'21" W a distance of 50.40 feet to the Northwesterly corner of the Mountain Haus Parcel; thence S 02°18'00"Wand along the easterly line of said Mountain Haus Parcel a distance of 100.00 feet to the Southeasterly corner thereof; thence S 45°13'53" E a distance of 38.70 feet to the True Point of Beginning, containing 30,486 square feet, more or less. Applicant: Vail Athletic Club Planner: Shelly Mello Shelly Mello stated that since this was a worksession, she would not make a formaC presentation. Instead, she stated that she thought it would be helpful for the PEC members to focus on the questions posed in Section IX on Page 11 of the staff. memo. Stan Cope gave the PEC a summary of the history of the Vail Athletic Club. He said that the original and current intent for the Vail Athletic Club was for it to be a first cl~~ss luxury hotel. He added that thirty-four to thirty-five rooms were not enough rooms to fulfill this goal in the 1990's. He said that he felt the property needs a better floor plan and configuration. He said that he would like to create additional condominium units by taking hotel rooms and adding kitchens to them. He would also like to see additional and nicer meeting and board rooms created. He said that most of the racquet courts would be removed in the health club in order to provide for more weight room equipment. Kathy Langenwalter inquired how many additional units were being proposed? Planning and Environmental Commission June 28, 1993 3 ' DU's and Lockoffs. i Kathy Langenwalter inquired whether variances for height, units and site coverage 'have been granted for the Vail Athletic Club in the past. ;Yi . „ - 1~Shelly Mello responded .that. staff had researched this issue and had not found any variances for height, units or site coverage. Stan Cope added that there are existing building code problems at the Vail Athletic Club which would be addressed with this renovation. Michael Barclay, the architect for this project, stated that the intention of this redevelopment proposal was to create additional hotel space as well as attempt to solve the entry access problems to the site. He stated that the porte cochere was designed to attempt to solve the entry access problems as well as create a focal point for the front door. He said that they were proposing to restructure the garage in order to accommodate the porte cochere which would be located above the parking structure. He said that by restructuring the garage, the site would gain two additional parking spaces. He said that he had spoken to Greg Hall, Acting Director of Public Works/Town Engineer, concerning this proposed redevelopment plan and that Greg had suggested that the entrance to East Meadow Drive be tightened and that the sidewalk be widened to 8 feet. Mr. Barclay said that Greg had also mentioned that the retaining wall may need to be reconfigured and that the vehicular area on Vail Valley Drive may need to be tightened to accommodate the walkways. Allison Lassoe inquired why the athletic club did not have a specific parking requirement. Shelly Mello responded by explaining that according to the Cade, the PEC must set the parking requirement for recreation facilities and none had been assessed in the past for this use, except parking for the retail space associated with the club. Jim Lamont, representing adjacent property owners, stated that at the time of the original approval for the athletic club facility, no parking was required and this was a major concession. This concession was made because the athletic club facility was deemed to be very desirable. He added that the East Village Homeowners Association was concerned with the current redevelopment proposal because the project is already over its zoning standards. Jeff Bowen stated that he saw a number of issues with the redevelopment proposal. He stated that the bulk of the building was excessive, that there would be an excessive amount of shade on Vail Valley Drive due to the bulk and height of the building and that the removal of the large trees on the south side of the site was a concern. He added that should this project be allowed to be exempted from a parking requirement, that this would create a limitation of the number of spaces available for restaurant and Planning and Environmental Commission June 28, 1993 4 J 1 retail shop customers in the parking structure and that Village merchants may not find such a scenario acceptable. Allison Lassoe stated that she agreed with Jeff Bowen's comments, particularly with regard to the shade issue on Vai! Valley Drive. She added that she would like to see on-site parking. Bill Anderson stated that he agreed with Allison and Jeff, that the height and massing are not acceptable. He commented that extending the roof lines out towards the street limits the view of the sky, creating too much enclosure. The existing architecture is fine. He felt you could only put so much on this site. He stated that the employee housing should remain on-site. Philosophically, he had a problem using the Town structure for lodge parking. Michael Barclay stated the Vail Athletic Club was 30 feet further back from Meadov~r Drive than the Mountain Haus vas, so that the vievr angle from Meadow Drive was better for the Athletic Club. Diana Donovan stated that the proposed mass and bulk for this project was excessive, that concerning the additional parking plans, that neither option is desirable for this site, that she had landscaping concerns, sun/shade concerns and that the porte cochere conflicts with pedestrian access. She added that the pone cochere would remove substantial landscaping from the site. Diana said that it was her feeling that the elevations should not change anywhere on the site except for possibly adjacent to the Mountain Haus building. The employee housing must stay on-site. She sugge:>ted that the applicant consider converting existing dwelling units to achieve the desired increase in hotel rooms. In general, she felt the proposal did not qualify for an SDC?. The project does not meet the SDD criteria. Diana Donovan stated that she felt that the proposed redevelopment did not qualify for an SDD because it does not meet criteria A, C, F, G and H of the SDD criteria. Greg Amsden stated that he would like to see the building scale and mass stay witf•rin the existing ridge lines. He stated that it was his feeling that the fifth floor condominiums would not fit on the site and that parking would be a significant issue. He said that he liked the Porte cochere as the lodge needs to provide guest access„ Relocating the employee housing may be acceptable as long as it is on the bus route.. Greg said that he would like to see better lobby features and that an increase in common area would be okay to accommodate this. Michael Arnett of the Design Review Board said that height and shade were both concerns to him. He said that he was concerned that the proposed redevelopment would interrupt the view corridors from East Meadow Drive and the parking structurE:. Concerning the building's design, he said that dormers may be acceptable as long ~~s the building stayed within the existing ridge lines. He said that if employee units were located off-site that they should be restricted and should not currently be used for employee housing. Planning and Emrironmental Commission June 28, 1993 5 Sally Brainerd of the Design Review Board stated that she likes the original design of the Vail Athletic Club. She said that she would like to see the pedestrian experience at this location enhanced. She stated that dormers could be located on the north side of the site, but not on the south side. She added that it was her feeling that the Porte cochere would be problematic with regards to traffic flow and access at this location. George Lamb of the Design Review Board stated that he agreed with all of the previous comments made concerning this proposal. Kathy Langenwalter stated that if they consider the purpose paragraph of an SDD, that this proposal does not qualify as an SDD. She said that this project is contrary to the Comprehensive Plan with the exception of the proposed additional accommodation units. She added that she is concerned with the shading and commented that this site was in a sensitive location for the proposed additional square footage. She said that the applicant should try to work with the existing excess space under the roof and to focus on the west and south sides of the site. Minor dormer may be acceptable in this location. She stated that she was concerned with the prospect of losing on-site employee housing and the parking. She was also concerned about common area if it negatively impacted mass and bulk. Jim Lamont inquired of staff whether there were restrictions on the land that was deeded to conveyance for the Vail Athletic Club from the Mountain Haus. Shelly Mello stated that, at this time, staff is not sure. She said that research was being done regarding this issue. Jim Lamont stated that the proposed bulk and mass would not be popular with the public. He said that minor modifications within the envelope of the building would not be as much of a concern. Stan Cope stated that he sees a need for the project to go one way or the other. He requested that the PEC and DRB give him specific direction as to where to go with this proposal. Shelly Mello stated that white the maximum allowed GRFA has not been used, that the overages on allowed common area transfer to GRFA, thus making the project over on GRFA and/or common area depending on how you look at it. Allison Lassoe stated that the mass and bulk of the proposal needed to be reduced. She said that dormers should only be located on the south side. With regard to roof height, she stated that the height could increase only on the west side of the building as proposed. She suggested that the developer maximize interior space. The Town can not provide incentives for all redevelopment. Jeff Bowen stated that he would like to see the applicants reconfigure the inside of the building and that any additional rooms to be added should be for the accommodation Planning and Environmental Commission June 28, 1993 6 use only. He said that dormers could be added on the south and west end of the s building. He added that he would like to see them address the parking issue somehow. Greg Amsden stated that he would like to see the upper (fifth) floor removed from the design. The west end may be able to increase in height but all other roof ridges must stay the same. Dormers must be pulled back. Diana Donovan suggested that the applicant use the "dead space" in the building to redevelop. The key is to use the interior space. She commented that redevelopmf;nt does not have to be bigger. Bill Anderson stated that if the applicant could address all of Jeff Bowen's concerns, he may be able to approve the proposal. Jim Lamont stated that he would like to see the existing building areas converted without breaking out of the existing building envelope. George Lamb commented that the building is simply moved out in respect to zoninc). Kathy Langenwalter said that it was important that the north side eave line should be maintained for pedestrian scale. Michael Barclay said that he appreciated the boards' comments and that he would like to bring this item back to another worksession with a revised proposal. Kathy Langenwalter stated that the PEC generally liked the buildings as it currently is and that she would not suggest that the applicant change the overall design. Diana Donovan stated that the dormers should be created to access the "dead space" of the building, not to create additional rooms. 7. A request for a major amendment to SDD n5 to allow for the development of the remaining portion of the Simba Run SDD, Savoy Villas, located at 1100 North Frontage Road, more specifically described as follows: That part of the First Supplemental Map for Simba Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most southwesterly corner of said map, thence the following three courses along the westerly lines of said map; 1) NO3`33'Oi"E f60.79 feet; 2) Nf2`50'33"E 144.72 feet; 3) N17`56'03" 70.60 feet; thence, departing said westerly line, S13°16'03"W 157.26 feet, thence S76°43'57"E 91.50 feet; thence N13`16'03"E 35.00 feet; thence S76°43'57"E 7'2.31 feet to the easterly line of said map; thence the following two courses along the easterly and southeasterly lines of said map; 1) S24°44'57"E 52.38 feet; 2) S52`50'29"W 272.50 feet to the Point of Beginning, containing 0.6134 acres, more or less; and That part of Simba Run, according to the map thereof, recorded in Book 312 at Pago 763 in the Office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Planning and Environmental Commission June 28, 1993 7 ` PLANNING AND ENVIRONMENTAL COMMISSION July 12, 1993 AGENDA Project Orientation/Lunch 10:15 a.m. Major Subdivisions Site Visits Please wear long pants and hiking boots 11:00 a.m. Spraddle Creek -Lots 14 and 15/Tract C Gondola Building L'Ostello VA shops Dean/Rousch Mueller Drivers: Shelly, Andy and Jim Public Hearing 2:00 p.m. 1. A request for a proposed SDD and minor subdivision to allow for the development of single family homes located on Tracts A and B, The Valley, Phase 11/1480 Buffer Creek Rd. Applicant: Steve Gensler/Parkwood Realty Planner: Andy Knudtsen 2. A request for a minor subdivision for Lots 14 and 15, Spraddle Creek Estates Subdivision. Applicant: SBC Development Corporation Planner: Mike Mollica/Jim Cumutte 3. A request for a minor subdivision and rezoning from Greenbelt Natural Open Space to Hillside Residential for Tract C, Spraddle Creek Estates Subdivision. Applicant: SBC Development Corporation Planner: Mike Mollica/Jim Cumutte 4. A request for a site coverage and wall height variance to allow the construction of a garage at 2942 Bellflower/Lot 8, Block 8, Vail Intermountain. Applicant: Sallie Dean and Larry Rousch Planner: Tim Devlin 1 5. A request for a worksession to discuss a conditional use permit to allow an expansion of the Vail Associates vehicle maintenance shop located at the NW 1/4 NW 1/4 Section 7 and the SW 1/4 SW 1/4 Section 6, Township 5 South Range 80 W of they 60th P.M.Nail Associates. Applicant: Vail Associates Planner: Jim Curnutte 6. A request for an exterior alteration and a site coverage variance to the Gondola Building to allow the construction of a wheelchair lift located on Lot 4, Block 1, Vail Lionshead 1 st/600 West Lionshead Circle. Applicant: Vail Associates Planner: Andy Knudtsen 7. A request for a height variance and a major exterior alteration of the L'Ostello Condominium Building located at 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead 4th Filing. Applicant: L'Ostello Condominiums Planner: Shelly Mello 8. A request for a wall height variance for a property located at 3130 Booth Falls Court/Lot 6, Block 2, Vail Village 12th Filing. Applicant: Johann Mueller Planner: Shelly Mello 9. A request for the establishment of an SDD to allow the redevelopment of the Cornice Building and a request for a conditional use permit to allow the construction of three Type IV employee housing units, located at 362 Vail Valley Drive and more specific:ally described as follows: A part of Tract "B" and a part of Mill Creek Road, Vail Village, First Filing, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Northeast corner of Vail Village, First Filing; thence North 79°46'00" West along the Southerly line of U.S. Highway No. 6 a distance of 367.06 feet to the Northeast comer of said Tract "B'"; thence South 10°14'00" West along the Easterly line of said Tract "B"; a distance of 198.31 feet to the Southeasterly corner of said Tract "B"; thence North 79°46'00" West along the Southerly line of said Tnsct "B" a distance of 100.00 feet to the true point of beginning thence North 09°10'07" West a distance of ~G1.67 feet; thence South 88°27'11" West a distance of 75.21 feet; thence South 27°13'37" East a distance of 77.37 feet; thence North 57°24'00" East a distance of 55.11 feet, more or less to the true point of beginning. Applicant: David Smith Planner: Jim Curnutte TABLED TO JvLY 26, 1993 2 1 M 10. A request for the establishment of a Special Development District to allow the expansion of the Vail Athletic Club, located at 352 East Meadow Drive, and more specifically described as follows: A parcel of land in Tract B, Vail Village, First Filing, Town of Vail, Eagle County; Colorado, more particularly described as follows: Commencing at the Northeast corner of said Tract B; thence N 79°46'00" W along the Northerly line of Vail Village, First Filing, and along the Northerly line of said Tract B 622.86 feet; thence S 06°26'52" W a distance of 348.83 feet to the Southwest comer of that parcel of land described in Book 191 at Page 139 as recorded January 10, 1966 and filed in Reception No. 102978 in the Eagle County Records, said corner also being the True Point of Beginning; thence S 79°04'08" E and along the Southerly line of said parcel 200.00 feet to the Southeast comer thereof; thence N 62°52'00" E and along the Northerly line of that parcel of land described in Book 222 at Page 513 as recorded in 1971 in the Eagle County Records, a distance of 66.78 feet to the Northeasterly comer of said parcel of land; said corner being on the Westerly right-of-way line of Gore Creek Road, as platted in Vail Village, Fifth Filing; thence N 27°13'37" W a distance of 77.37 feet along said Westerly right-of-way line of Gore Creek Road; thence N 89°29'22" W a distance of 12.80 feet to the Northeasterly corner of that parcel of land described in Book 191, Page 139 as recorded January 10, 1966 and filed in Reception No. 102978 in the Eagle County Records; thence Northwesterly 26.51 feet along the arc of a 37.50 feet radius curve to the left having a central angle of 40°30'00" whose chord bears N 53`40'00" W a distance of 25.96 feet to a point of tangency; thence N 73°55'00"Wand along said tangent 166.44 feet; thence N 85°10'21" W a distance of 50.40 feet to the Northwesterly corner of the Mountain Haus Parcel; thence S 02°18'00"Wand along the easterly line of said Mountain Haus Parcel a distance of 100.00 feet to the Southeasterly comer thereof; thence S 45°13'53" E a distance of 38.70 feet to the True Point of Beginning, containing 30,486 square feet, more or less. Applicant: Vail Athletic Club Planner: Shelly Mello TABLED TO JULY 26, 1993 11. A request for a major exterior alteration in CCI, for an addition and exterior upgrades to the Cyranos Building, located at 298 Hanson Ranch Road/Lot C, Block 2, Vail Village 1st Filing. Applicant: Margretta B. Parks Planners: Mike Mollica and Tim Devlin TABLED TO AUGUST 9, 1993 12. A request to review the Management Ptan and Master Plan for the Vail Cemetery to be located in the upper bench of Donovan Park generally located west of the Glen Lyon subdivision and southeast ~of the Matterhorn neighborhood. Applicant: Town of Vail Planner: Andy Knudtsen TABLED INDEFINITELY 3 13. A request for a work session for the establishment of a Special Development District, ' a CCI exterior alteration, a minor subdivision, a zone change, and an amendment to View Corridor No. 1 for the Golden Peak House, 278 Hanson Ranch Road/Lots A, B, C, Block 2, Vail Village 1st Filing. Applicant: Golden Peak House Condominium Assoc.Nail Associates, Inc./Partners, Ltd./Margaritaville, Inc. Planners: Mike Mollica/1-im Devlin TABLED INDEFINITELti' 14. A request for proposed text amendments to Chapter 18.38, Greenbelt and Natural Open Space District, and Chapter 18.32 Agricultural and Open Space District, of thie Vail Municipal Code. Applicant: Town of Vail Planners: Jim Curnutte and Russ Forrest WITHDRAWN 15. Approve minutes from June 28, 1993 PEC meeting. 16. Council update: •Summary of enforcement meeting •A & D Building conditional use appeal •Simba Run SDD •Revocable right-of-way process •Neon ordinance -second reading •Open Lands •Par 3 discussion at Town Council on July 6, 1993 •PEC/Council discussion of SDD criteria -set date •Follow-up on John Lincoln workshop 4 Rev. 7R/93 11:37 a.m. DESIGN REVIEW BOARD AGENDA July 7, 1993 3:00 P.M. PROJECT ORIENTATION 11:30 A.M. - 12:30 P.M. SITE VISITS 12:30 P.M. - 2:30 P.M. 1. Evans - 4840 Meadow Lane. 2. Gould - 8006 Potato Patch Club. 3. Indian Creek Townhomes 1 & 2 - 1139 & 1109 Sandstone Dr. 4. Gartner - 1179 Sandstone Drive. 5. Stu Brown - 1330 Sandstone Drive. 6. Simba Run Savoy Villa - 1100 North Frontage Road. 7. Tupy - 1901 Buffehr Creek Road. 8. Kiss - 2615 Davos Trail. 9. Wendy's - 2399 N Frontage Road West. 10. Jcrck - 1838 Sierra Trail. 11. Home Outfitters - 1031 S Frontage Road West. 12. V.A. Activities Desk - Lionshead Gondola Building. 13. Sonnenalp - 20 Vail Road. 14. Steinberg - 1022 Eagle's Nest. 15. Grant - 3988 Lupine Drive (East Unit). 16. Davison -4420 Glen Falls Lane. 17. Belleville -4440 Glen Falls Lane. 18. Kendall - 2665 Bald Mountain Road. Drivers: Tim and Andy EXECUTIVE SESSION 2:30 P.M. - 3:00 P.M. AGENDA 3:00 P.M. 1. Nicholas - 250 Gross residential #ioor area addition. JC Lot 13, Block 5, Vail Village, 1st Filing/Vail Rowehouse #14, Gore Creek Drive. Applicant: N.J. Nicholas MOTION: SECOND: VOTE: Staff approved. 2. Gartner -New single family residence. JC Lot 3, Block 1, Lionsridge, 4th Filing/1179 Sandstone Drive. Applicant: Dennis Gartner MOTION: Arnett SECOND: Brainerd VOTE: 5-0 Approved with 5 conditions. r 3. Lionshead Miniature Golf -Change color of light fixtures. JC Tract D, Block 1, Lionshead, 1st Filing. Applicant: Charlie Alexander MOTION: SECOND: VOTE: Staff approved. 4. VVD Condominiums -Building addition. JC Lot 10, Block 3, Vait Valley, 1st Filing/1527 Vai! Valley Drive. Applicant: George Hormel/Richard Knowlton MOTION: SECOND: VOTE: Tabled until July 21, 1993. 5. Home Outfitters -New sign. TD 1031 S Frontage Road West, Cascade Crossing. Applicant: Susan Anderson MOTION: Arnett SECOND: Bome VOTE: 5-0 Consent approved. 6. V.A. Activities Desk -New sign. TD Lionshead Gondola Building. Applicant: Vail Associates. MOTION: SECOND: VOTE: Tabled to July 21, 1993. 7. Belleville -New single family residence. TD Lot 14, Forest Glen/4440 Glen Falls Lane. Applicant: Walter Belleville MOTION: SECOND: VOTE: Conceptual review only. 8. Kiss -Conceptual review of secondary dwelling unit. JC Lot 21, Block B, Vail Ridge/2615 Davos Trail. Applicant: Adam & Diana Kiss MOTION: Arnett SECOND: Bome VOTE: 5-0 Consent approved. 9. Spraddle Creek -Amendment to design guidelines. MM/JC Spraddle Creek Estates Subdivision. Applicant: SBC Development Carp. MOTION: Arnett SECOND: Brainerd VOTE: 5-0 Tabled to July 21, 1993. 2 1 10. Spraddle Creek - (Conceptual) Gatehouse JC Tract C, Spraddle Creek Estates. Applicant: SBC Development Corp. MOTION: SECOND: VOTE: Conceptual review only. 11. Wendy's - Re-stain and paint trim. TD Parcel A, Vail Das Schone #1/2399 N. Frontage Road West. Applicant: Wendy's Restaurants MOTION: SECOND: VOTE: Tabled. 12. Simba Run (Savoy Villas) SDD #5 -Conceptual review of i 9 condo- MM/TD miniums and 4 employee units. Located at 1100 North Frontage Road. Applicant: Simba Land Corporation/VNalid Said MOTION: SECOND: VOTE: Conceptual review. 13. Hyatt Residence -Window addition and building remodel. TD Lot 1, Block 8, Vail Village, 7th Filing/1200 Ptarmigan Road. Applicant: Eileen Hyatt MOTION: SECOND: VOTE: Tabled indefinitely. 14. Indian Creek Townhomes 1 & 2 -Two new single family homes. SM Lots Al & A2, Lionsridge Subdivision, Filing 1/1139 & 1109 Sandstone Drive. Applicant: Michael Lauterbach MOTION: Arnett SECOND: Borne VOTE: 4-1 Jeff Bowen opposed. Approved with conditions. 15. Steinberg -Addition. SM Lot 3, Block 6, Vail Village, 7th Filing/1022 Eagle's Nest. Applicant: Tom & Flo Steinberg MOTION: Arnett SECOND: Borne VOTE: 5-0 Approved with conditions. 3 r 16. Dietz - 5 new single family residences. SM Parcel D, Stephens Subdivision/Generally located to the north of Meadow Creek Condos along Gore Creek. Applicant: Carl Dietz MOTION: Bome SECOPJD: Amett VOTE: 5-0 Approved with condtion. 17. Timberfalls Condominiums -Repaint buildings 6, 7, and 8. TD Timberfalls Condominium Buildings 6,7, and 8/4503, 4511 and 4516 Meadow Drive. Applicant: Timberfalls Condominium Association, Phase II MOTION: Arnett SECOND: Bome VOTE: 5-0 Consent approved with condition. 18. Jorck -New single family residence. TD Lot 15, Block 1, Vail Village West, 1st Filing/3818 Sierra Trail. Applicant: Harold Jorck MOTION: SECOND: VOTE: Tabled to July 21, 1993. 19. Davison - (Conceptual) New single family residence. TD Lot 10, Forest Glen/4420 Glen Falls Lane. Applicant: Charles Davison MOTION: Arnett SECOND: Borne VOTE: 5-0 Consent approved. 20. Tupy -Roof changes. AK Lot 33, Buffehr Creek/1901 Buffehr Creek Road. Applicant: Judy Tupy MOTION: Arnett SECOND: Brainerd VOTE: 4-0-0 Tabled to July 21, 1993. 21. Sonnenalp -Modifications to approved plans. AK Lott & K, Block 5E, Vail Village, 1st Filing/20 Vail Road. Applicant: Johannes Fessler MOTION: Arnett SECOND: Bome VOTE: 5-0 Approved. 4 22. Grant Residence -New deck and spa, building remodel. AK Lot 2, Block 2, Bighorn Subdivision, 1st Addition/3988 Lupine Drive (East Unit). Applicant: Jim and Joanne Grant MOTION: SECOND: VOTE: Staff approved. 23. Gould - (Conceptual review) Addition and exterior modifications. AK Lot 7, Potato Patch SubdivisioN800B Potato Patch Club. Applicant: Michael Gould MOTION: Arnett SECOND: Borne VOTE: 5-0 Approved with conditions. 24. Brown - 16 new townhomes. AK Lot G4, Lionsridge Subdivision 2nd Filing/1330 Sandstone Drive. Applicant: Stu Brown MOTION: SECOND: VOTE: Conceptual review. 25. Evans -Addition. SM Lot 2, Block 6, Bighom, 5th Filing/4$40 Meadow Lane. Applicant: Robert Evans MOTION: Arnett SECOND: Bome VOTE: 5-0 Approved with condition that the applicant agrees to repair, repaint and reroof entire duplex if necessary and that 4 aspen clumps be used. 26. Pitkin Creek Park- Repaint. AK Pitkin Creek Park/3901-4081 Bighom Road. Applicant: Pitkin Creek Park Condominium Association MOTION: Brainerd SECOND: Arnett VOTE: 5-0 Approved. 27. Kendall - (Conceptual) New residence. TD Lot 9, Block 2, Vail Village, 13th Filing/2665 Bald Mountain Road. Applicant: Robert Kendall MOTION: SECOND: VOTE: Conceptual review. 5 MEMBERS PRESENT MEMBERS ABSENT Sally Brainerd Mike Amett Bob Bome George Lamb Jeff Bowen (PEC) STAFF APPROVALS Katz -Add staircase to exterior. Lot 1, Block 3, Lionsridge, 3rd Filing/1881 Lionsridge Loop, Unit 14. Applicant: Steve Katz Jones -Complete basement. Vail Golf Course Townhomes #8/1710 Sunburst Drive. Applicant: Brad Jones Pickens -Repair existing wood deck. Lot 10, Block 7, Vail Village, 1st Flling/195 Rockledge Road. Applicant: RH Pickens Abraham -Hot tub. Lot 11, Vail Village, 9th Filing/874 Spruce Ct. Applicant: Horst Abraham Manor Vail -Air conditioner. Lot A, Block 1, Vail Village, 7th Filing. Applicant: Manor Vail Dippy - 250 Gross Residential Floor Area addition. 1616 Buffehr Creek Road, The Valley, 1st Filing. Applicant: Brad Dippy Konterski -Reroof. Lot 31, Vail Village West, 1st Filing. Applicant: George Konterski Devaney -Reroof. Lot 2, Block F, Vail Das Schone 1st Filing/2565 Cortina Lane. Applicant: Jon Devaney Wiegers -Revised landscape plan. Lot 22, Vail Potato Patch Applicant: George Wiegers 6 • Villa ValHalla -Replace three windows. Tract J, Block 5, Vail Village, 1st Filing, Unit #12 Applicant: John Cohagen East Vail Lodging -Enclose dumpster with fence. Lot 1, Block 9, Bighorn, 3rd Filing/4132 Spruce Way. Applicant: Thomas Coupe Shirley Residence -Change two windows. Lot A, Block 2, Vail Village, 1st Filing/366 Hanson Ranch Road. Applicant: John Shirley Antlers Condos -Addition of 250 Square Feet Gross Residential Area. Lot 3, Block 1, Vail Lionshead, 4th Filing, Unit 410/680 W Lionshead Place. Applicant: Joseph Daley Frein Residence -Revised landscape plan. Lot 8, Block 1, Vail Potato Patch. Applicant: Jim Frein Sylvester -Two new decks. Lot 28, Block 2, Vail Village, 13th Filing. Applicant: Michael Sylvester Rizk/Mikell Holdings -Metal roof over east deck. Lot 4, Block 2, Vail Potato Patch, 2nd Filing. Applicant: Mikell Holdings Co. Ltd. Ladow Residence - Reroof from shakes to asphalt. Lot 1, Block 2, Vail Intermountain. Applicant: Nancy Ladow Sweet Basil -Menu box. Gore Creek Plaza Building. Applicant: Sweet Basil Scotch on the Rockies -Install bay window. Lot K, Block 5E, Vail Village, 1st Filing/82 E Meadow Drive. Applicant: Hamish Tear Doumas -Addition and exterior modifications. Lot 2, Block C, Vail Ridge/2636 Davos Trail. Applicant: Eddy Doumas French -Window addition. Lot 3, Block 1, Vail Village, 13th Filing/2935 Manns Ranch Road. Applicant: Warren French 7 Daley/Antlers - 250 Gross residential floor area addition. Lot 3, Block 1, Vail Lionshead, 4th Filing/680 W Lionshead Place. Applicant: Joseph Daley First Bank -Modify landscape. Lot G, Vail Village, 2nd Filing/17 Vail Road. Applicant: First Bank Crossroads -Swamp Cooler. Crossroads Shopping Center. Applicant: BJ Britton Hobbs -Addition. Lot 13, Block 2, Gore Creek. Applicant: Bryan Hobbs Forbes -Changes to approved plans. Lot 9, Block 1, Vail Village, 1st Filing. Applicant: Walter Forbes Village Center -Landscaping and awnings. Tract C, Lot K, Block 56, Vail Village, 1st Filing. Applicant: Fred Hibberd Distelhorst -New design of covered entryway. Lot 1, Distelhorst/4582 Streamside Circle. Applicant: Dr. Fred Distelhorst Klein - 250 Gross residential floor area addition. Lot 2, Phase I, Golf Course Townhornes/1710 Sunburst Drive #7. Applicant: Jim Klein Lionshead Center -Revise entrance. Lot 5, Block 1, Lionshead, 1st Filing/520 Lionshead Circle. Applicant: Oscar Tang 8 x~ . C~ c ~ ~f~ Iy RECEIVED JllN 2 9 1993 4141 Suite 300 Tele # 8~~~ North Scottsdale, 602.941.3488 Scottsdale Arizona Fax # Investments, InC. Road 85251 602.941.0761 June 25, 1993 Mr. Larry Grafel Acting Town Manager Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Larry: I very much appreciate you and Greg Hall taking the time to meet with Steve Conger of Conger Fuller Architects, Aspen, Colorado, and me to discuss the possibility of our acquiring from the State of Colorado and the federal, government the air rights above Interstate 70 Right of Way from approximately Mile Marker 180, the east Vail exit, to Mile Marker 173, the west Vail exit. We have assembled a group of architects and land planners, engineers, contractors, developers and investors to come together to purchase the above-described right of way. We desire, to work with the Town of Vail to modify their land plan to accommodate appropriate zoning for the air rights over Interstate 70. With the modification of the land plan, we would proceed to file a zoning application for the air rights over Interstate 70 consistent with that revised land plan. With the town's approval of that zoning request, we would close on the acquisition of the air rights and proceed as quickly as possible with the reconstruction of Interstate 70 lowered to accommodate our freeway deck covering Interstate 70. We would propose the construction of this deck in approximately four phases, commencing with the first phase which would stretch from approximately the Concert Hall Plaza's pedestrian overpass on the west to the Vail Transportation Center on the east. Additional phases would be constructed as the development of the land rights area justified. We have had preliminary discussions with the Colorado Highway Department wherein the concept was discussed in general. Additionally, we have shared with them preliminary designs to determine the direction of our work. We have worked with G. E. Johnson Construction Company to determine preliminary costs. We have held discussions with our financial partners to determine the viability of our funding this project entirely with private capital. We wish to proceed with the Town of Vail as quickly as possible. ~ Mr. Larry Grafel Town of Vail June 25, 1993 Page Two I have attached for your review information on Calthorpe Associates, land planners, and on Steve Conger of Conger Fuller, the lead architect of this group. Per our initial discussions, I look forward to meeting with you and the>,,,Town of Vail's City Council at 4:00 p.m. on July 13, 1993. . Kindest personal regards, Walter W. Rector President WWR:mkh enc. cc: Steven Conger mkhc/wwr.jun/19-20 • To the Vail City Council: The enclosed articles on Conger Fuller Architects and Calthorpe and Associates is meant a.s an introduction to our firms: We hope it will show you our commitment to ecologically oriented design that creates environments for living that enhance community.' We also hope that they show you our~commitment to excellence. .,Thank you for your attention. ~ . Very my rs, - • ~ . Steven .Conger A.I.A: • CONGER FULLER ARCHITECTS ARCHITECTS AND PLANNERS, P.C. 720 EAST DURANT STREET, SUITE E-8 ASPEN, COLORADO 81611. TELEPHONE: 303 925 3021 FACSIMILE: 303 925 3110 1 1 ' CONGER FULLER ARCHITECTS 1~:• eemrP F~ ~ P L ~ r~ ~Q tares ~ E r ~ ~ 1v in a world of noise, conFusion and conflict, it is necessary that there be places of Conger-Fuller Architects create a new silence, inner discipline and peace " / -Thomas Merton monastic retreat at St. Benedict s ' by Cameron M. Burns landing atop a pile of pebbly mud at the head of the Soowmass Creek drainage, Father Joseph ~,j Boyle, abbot of St. Becedict's Monastery, smiles when he looks at the mountaitts around him. x It isn't the dramatic sunset and storm over Mount h.xx ° Sopris that please him. Nor is it the sight of the 'y, monasterv below the mighty Elk Range. _ Father Boyle smiles and says what's making him - - happy is a new retreat house, the biggest event St. Benedict's has seen in more than 40 yeazs in Old ' Snowmazs. "We're delighted" he said of [he project. "We're real- ly delighted" Ithoug6 not much more than a small wood and river- - stone cabin at present, the retreat project has huge implications na only for the monks of St. Benedia's, but ' k - a -V - for the Aspen arrltiteaural firm designing the project. " I 1 ~ For the monks. i[ represents a greater dedication to ~ i-. t the community that they serve, a place when: they can accommodate everyone who needs quiet reflec- tion in their life. The view From fhe It represents an opening up for the Catholic new retreat house monastery. will overbok the For Steven Conger and Michael Fuller, founders of their own fimt, Conger-Fuller Architects, the retreat grounds of St. house could be one of the most important projects in Beneditt's their careers. Monastery, locat- "We feel very honored to be able to design this for the - ' monastery," said Conger as he drove to the site 7besday. ed in one of the ~ "It's every important step for them, and we really most xenic valleys ~ respect and love those guys a lot, so to get to build a in the area, top. .,.s~4;_;.. building like this is really a treat. Also, I've always Stevan Conger, wanted to build a building where part of the program right, kroks out was to (wild a sawed space." tl,e vrindow of one The tied for a new retreat house goes back many years. "We have a basic tradition," Boyle said. "F-ach of our of the Ftermilctge monasteries bas a retreat house corrected with it, so cabins he and people can come and share, end we have just been teal- ly slow at building here for various teasels" Fuller designed. The monks ate making do with what they have: ecol- , _ r ' )action of farm buildings being used to house visitors. The buildings' ~ _ Unfortunately, the buildings -scattered and old - do design includes the not allow different sizes of groups to be hosted. use of native rarer -v ~j - St. Benedict's has always catered to two types of rock, lower right, - rctreaters: groups and individuals. - T "We were tom back and forth," Boyle said. "Finally giving a simple, we (Conger-Fuller) came up with a plan that we think aged kwk to the serves both purposes, and it's a combination." cabiru. Below, an Basically. the design for the "retreat house" is a artistsrendering - r series of spaces, all interrelated on the site according to their function. of the Finished i ' ^I ' Surrounding a main or "commons" building ate "her- retreat center. + t 1 ~ mirages," or individual cabins in which individuals or Photos by - ~ 't couples can live during a monastic retreat. The four Roy Wlby. hermitages have two designs. Two hermitages are octagonal; two are rectangulaz- The octagonal shape focuses i~vards, Ute rectangular outwards. "We warned [o see how they felt." Catger said "Also, having them all the same shape would be kind of boring." The main retreat building consists of three compo- nenls, all under oce roof but separated by hallways. , They are: another housing building, made up of four ~ ~ • ~ r sleeping uttits: a main hall, which includes a dining ''""~',,,r; qtr ~ ~ ' _ room. kitchen, laundry, library as well as other facili- 1~~+ _ - ties; and, the highlight of [he center: the "meditation ' ' r~ y hall," a simple, square hall, aligned with a view of Mount Sopris and connected to the rest of the center via a long corridor. 9 c, onger and Fuller aren't your average architects 9 C who happened to bid lowest for Father Ice. Both ate devaed to meditation themselves, they are highly attuned to spiritual achievement, attd their work 4l ` doesn't jump out and smack your senses silly liloe the work of many contemporary architects. 'x Instead, it creates a rtrverence in the viewer for why the bailtfing exists, the fact that architecture fits into e context of history, culture and site, and also professes a ~CoMinued on page 17-8) , ASPEN TIMES , ~~v ~ ~~~~il l~I~~V~~ SECTION ' MARCH 20 AND 21, 1993 ~afancP ,r,aAr~,,,m6s 5oturonY.Sunoov vorct,262, 973 t7.a . contbr,ed ro„r peps Ytcalthv respect for ttte natural emi- u rtxvtrcrs. Fatt><r toe drfittitely warn- DeVeIOPerS are ~ N O W MA S S al Ccxtgcr and Fuller to clcagn tM going t0 create the retreat. "N`e arc na fnteres~ed in fngfdy world we live in in jZEAE ESTATE personal statements about our design philosophy," said Fuller. the fUtUrC. ' "we're intCreslCd in creating buihf- - $t9Vt3n Ctxtger, - ings that am appropriate to tltcir COMPANY location, respect the environment arzhiteet noel serve our diarts." Whits the exterior of the hotel is From various ._,:.Y.,..., arauul ~ the rra~tiotul pueblo srylC - a Aspen noel Telluride to their beach Santa Fe city requirement -the homes m the ooatts, Conger-Fuller interior has been orated with mate- • homes fit in. They look like they vials and techniques that truly _ belmg. belong to 'the atrciem ores." Many At St. Batadia's. ttve on1Y of the itaerior walls are mtticated in , I ing building az the new rarem center the style Cound in Anasazi mitts, is one of the hermitages, ailY Par- lire those az Chow Canyon. Bally built. It is a sucrossful re-0e- TM Inn o[ the Anasazi has been anon of a rands or farm "artbuild- a resounding success. $esides mg"Tf>c walk are ~t BmY storre receiving a "HotCl of the Year from the Roaring Fodc Rivet The Award." and accolades from the frame L local lumber, and the roof is Santa Fe historical Society, the simple woodrn shingles. The slope community likes and supports the of the gables echo the steep»ess of dtildurg. . the gray shale bluffs above the foraea monastery. while the odors gowith- Cougar has been in the Aspen out saYmR• area since the late '70s. After gradu- - 7he cabin, but a few wezls old, sting from Yale Architecture appears to be a rerwant from the School, he moved to the area in lantxnmry• 1979. He worked at Windstar, The fan that the hermitage fits ~~R ~ fast swctuve for the into the valley is trawral for Cmger center Due to financing problems, , ; and Fuller. The two are heavily dratbuik}ingwastteverbuilt. - influenced by three architects For a time rte was a student of ~ - - renowned for buildings that ht fn: Buckntinster FuOec renowned ere- - Alvar Aalto, a Finn, and Arata azorofthegetdcsicdome. On Assay Hill Isozaki and Tadao Ando, both •`I wodcCd for V?itdstar for a few Japanese. The famed American Yeats,,' ~ said `Then 1 started an Beautiful, warm four bedroom mountain home that is ready to move into are}»reas Greene amd Gteeoe have architecture practice oo my own, in Ski to and from Assay Hill. Easy walk to the Village. Wood Run V, Lot & also exerted their inflrtemce oo the abort 1981. Pretty sotrn after that, 51,550,000.00 A•Sl?~'°~O- Michael started coming up. He's All these are firmty grwnded m been a partner with me for about Perfect Ski Access slopes. This tour bedroom property is very their own tadtutes;'FuOer Said, yet Delightful, sunny and charming. this two special and features an enclosed deck. at the same tlllte. they ale "SRetch- Fulle; a glatfttam of the Utriver- bedroom/two bath has fabulous views of W'oodrun V Townhomes, Urut 3 mg to the bract" ardntechual style situ of Colorado s architecture the Elk Camp trails. On grade with slope - 51,295,000.00 thatrstnherenlanttuntharailatres. school, began collaborating with Perfect access. Spacious patio. Chamonix Like Conger amd FulleS those Coo er ~ ~ eadv •8~ re ~ Condominiums, Unit A-311 5425,000.00 Slopeside One Bedroom three atchi[ea5 have te' Imer- g ~ Y - Verv large one bedroom/two bath condo .mod commuting from his Bauder home with lovely furnishings and terrific skt national" and other styles that have to As n to work on various I intellect andmathematics as. they ~ - Pro' access. Thts unit has never been rented! base reason styles that ere derived 'J~~ W'oodrun Place Condominiums, Unit #4? There was a special energy the 5275,000.00 from hackneyed statements like two arisans farad by shaving wodc, _ a - 'less is more," and ttstrlt fn white a~ ~ 1988 they formed apartner- _ , Stunning Remodel ' frozeswtvevCtheh°ma°Sla°tdles' ship. ~ ~ This three bedroom home has undergone a Conger andPttller's names have lt's really very Collaborative," ~lj _ _ ~ total remodel inside and out. Light and a quality that makes the viewer said Fuller "Steven uses a quote ~ _ r bnght, it offers exceptional views of the ski believe a real person built [he {tqp ~q Moore m destxibe iC area to the east. Beautifully furnished. Wild hotrtes, over titre, with real mates- `He didn't like to design alone ~ • Ridge 11, Lot 23 5750,000.00 als fottrd m the site and with a keen because he felt like he was ttskxp.' undrvstardingofbadmm ~r,+e be® 10 Horse Ranch Home Privacy, Views, Ski Access Also the s wotic has a sCnse wot~ng w,e"'"" I~ ar 12 years. We just felt we Shetld This four bedroom log home under The best of the lower priced Divide tots of sacral--'r..-°laiay ber,~.,._,,,." construction will offer the quiet grandeur of offers privacy, views, ski access and a great "1 was inteteSted mot just in tielsirg the tutde a mountain retreat while maintaining building site Nearly two acres in size. arehitec[ure ° said Pullet, "but in W1il1C Comger amd Fuller arc harmony with its surroundings. The best n( Divide, Lot 37 5550,000.00 why things got built. Because of omo pedtaps [he mast excitimg pro- a two-level design. Horse Ranch, Lot 32 , that I was always ~...,.~.1 in bang J~ they've ever tmdertaken, Fadter 5822,000.00 - adevelopet Boyle has a serious concern: "Developers are g®g to aeate Newly Remodeled _ the wafd we live in in the fulurC;' money. Two bedrooms/two baths and newly re- - ~ - ~ The whole retreat project is - said Comget "So httpetully, there's B°tn8 fO cast $23 million forting modeled with plenty of natural light t - throw hour. New bathroom, tile, counter- consciousness. The idea of our ~ „ ~ W i~ ~ sat of ltd- R developrrten[ srde rs m fmd pttrfeas raising activines they have never tops and light look furnishings. Crestwood _ ~r that are ,..o,,-__,~le anti use[ul- WC ~ ~ 35- Condominiums, Unit #3106 (1-]OB) ~ r call dtem 'goad karma projects.' `Ton t charge,a C~omgr S7s5,000.00 _ ' t projects that are aauall oin to Y g B said They accept dtrnavoru when Convenient Location ~ ~~00f°°~°Y• you go there meloaheanttage, but Nicer furnished two-bedroom unit with ~ 1 The word "developer" is na a there ~ runt a fined cast if o y Ad'acent to Skins label the two men cherish, aS it Ya g excellent downvalley views. Very ) B exmtheretodoahatmtageandY°° convenient to skiing, mall and restaurants. Bounded by the Dawdler ski run, this °Dt°~ wrth SO °~Y -u~-•~ - don't have the mtney m PaY Interlude Condominiums, Unit 203 building site is one of the finest ever offered °0m°0~• you don't have to pay them. It's 57,29,ppp,pp in Snowmass. The setting is pristine and Although the two have tt'aVy btdog (fore as a service pro- truly magnificent. Ski acres doesn't get any desigced mumerous homes iv the It's a major resource for the Completely Remodeled better than this! Divide, Lot 33 5885,000.00 A~ ~ ProJ~ thm ~ ~ Townhome style living at the Willows. Pazr 0° ~ ~ w~ ~ ~ ~ ~ For their own part, Conger- Completely remodeled and restructured, Quiet Cul-de-sac LOCation Fttlk;r Arm me only cLatging this property features three bedrooms/four Large building site with race valley views. ,i "We look a metal pacer Office ••m Cora+• ~ a baths and a convenient location. WiOows t-orated on quiet culde-sac on Hidden Lane. ~ bttiktitt m dmwtawo Sffi Fe that Ski accessible to Elk l.am .Wood Run 1, Lot g rtdutd~ in what they would na- Condominiums, Unit G-3/4 7/85350,000.00 P was completely out of character rrtallydmrge,~Bertmid 75 5455,000.00 mdt whm was m Same )'e, Cmger The monastery is ma the only Skiing Just Steps Away ertplained. "1[ was the tdtmmRra- ~1~ ~ firth would ~ m ~ for One of the best located townhomes in all of b0° ~ ~ X04 free or at cost The firm is now I Snowmass. Walk mot your door onto the a rem It was an awful, ugly btddimg looking m several trther that no ate Imewwhmmdowith• wwki benefit s~aoLs a ~ "TOP PRObUCERS IN SNOWMASS FOR 26 YIEARS!" "We vied m relate m the Indian icy service groups which they are energy." he said. "A to of people wilfittg to do m oast or tota0y five P O. Box 5000 •Snowmass Village, Colorado 81615 had been ..tea, wffi the ltispettjc •trro•bano' jobs result in a " 1 tom. We tries m go back m the "v'°~~, t° ~l~ ~ (303) 923-2006 tones of the Anasari. We studied the meat about what should be built, Anasazi for a oarQk of yams. It was why tmd how. Fulls said a way for us to team and m get a A Sister Company of Aspen Real Estate Company philosophy in this building. Thm's 'To rce, a whole arcttitexxure is ' _ one of the reasons people like it an intepation of the tttind, body anti ~ u r I"4 When vtw go there it feels like it spirit,' Conger said 'TO artitadate ttas Borne ime~t}:" what Otat is, it's intert5ting " , r 1 j ~ ~ ' 1 ~ ~ ~ ~ti.; t ~~j~ k ' . 4 v~ ~ ~t a 1~~,.I;s~ 4 r;-~ ~ ~ . f / l s r . Y'S` . 'O1 ~ 4'! ' i I'~Y Y4'1x"C ~?f`"~,./ J ~q~ 1~.. ti.(,~ ,~C7p,, ~ji ~ ` 3 may, 4 M1 -`iC `"""4444 ~y, 4 ~ ' t d ~ ~ *rii~a 'rrtt ii, ~ , ~t r4 t ~ Ir L Il~,jt i 4_..~ ti { .4N_111 ''y+~ .~jy~'iy~}~~' r.~ `y' 4~~ 144. I1 yt y s~1,'~•~• 1 ~ ,e 4 , 11 ~ ' 4Y 3 Y ~ v ~ ~ :1s >Jr' L'. ~ ,r"' :C `7.1,3 ~ ir. 4µ c ~/T ~aFS4„y! t ,N;3. i .t ~ ~ y f~~ ~ ~ ~ i RIB ~ ~ `~~@ ~ ~ 4 i.•~ k i y t f4 S ,,gyp 'C~~ ~ , ~ e.5'F~ 1 ~NST?T~T~ MQ~NT AID wMASS, c RoGK~t S"° ~r r ~ ~ r r~ . r ~ .r rr~ rtr~ rr ~ r rr~ r Roof site of active solar Site of passive/hybrid Air-to-air heat exchanger 27 system to beat ~ / refrigerator (saves 95 - 10046) ~ ~ (saves 8046) domestic water Q Solar clothes-drying Three-liter IftS toilet AquaStarrM propane demand 18 closet (saves 9046) lO (saves about 77 90'H~J Mcchanicals chase carrying 1 % water heater (inside left side of cupboard] 4 plumbing and wiring hrr Storage pods to befitted easy access 9 with large, multiple revolving 1 /1 Control pane] for Sharp / shelves 1G EconominirM air-to-air heat 1500-gallon storage tank for _ - exchanger ]over hathruuml solarhot water (under closet) I ~ 1 ~ 1 Operable north win uw 1 1 I ent loft Jo ten contr / a ar at r 1 / - r0,,{ - - ~c[ p sstvc sol. K [ j t ales - . ,i ~1~~ ~ ~ ~ ~ ~ ail 4i i - r k _ 4. - ~ / Half-gallon-per-minute ~ ~ 1 ~ 1a Mfr ' , r ~ ~ - W compressed-air "Min-Use" _ ( ~ ~ Fluorescent lights with high- ( J _ o ~ freyuencv ballasts )save 40461 showers save 72 - 9346 \ f _ ) ` j ~ ~ ~ ~ ~ u J'd~-F•""`ro ~ ~ ~1 l.ow-energy Photocopier C Four-liter ItS toilet o ~y~d' L+ (saves about 90'!6) 25 (saves about 70 - 8796) `fs~y ~Qp o'~°, 1, r o - _ 1-..._ /I~~ Site of solar/wood-heated / Cantilevered Lt'if hot tub ~ V greenhouse arch r ~ G Site of waterfall to aerate Insulated vents for stack ft ® 5 recirculating fishtank water Typical azgon-filled Heat / cooling of greenhouse; 20 MirrorrM (twice efficiency of masswall water prehcater Photocell ht "tune" kitchen Norelco SL,t 18 quadrupled- triple glazing) ~6 fluorescent lighits to daylight efficiency lightbulb (saves 764fiJ Operable south greenhouse I~ Automatic door sweep I ~ windowsjwestcrnpair 22 activated by button bitting d Air-to-air heat excAanger for swings open fur access jamb when door closes 14 stove exhaust )saves 7546) 1 5 10 t t Slot to view four-inch Microcomputer to control feet 21 Freon®-filled polyurethane kitchen fluorescent lights insulation inside walls (saves 70 - 9096 j Page 9 Page 8 ~i • S Rockies Amor & Hunter Louins have built a In the Colorado y home that expands the horizons of energy-efficient design. r / r.n _rRa i~'~: i - , '4 ' I sCn ! - ' By Marty Oarlock mory and Hunter Louins are authors, re- ! ~ ~ 'll A searchers, and con- sultants on energy and the en- vironment. They often sound like gadflies, but they pack ' enough erudition to be in ~ _ ~ steady demand in the world of ` ` utility management and De- . ' fense Department studies. Given their strong support for the sane use of renewable " i energy, what does their new . house look like? Euen with volunteer labor, building their very large house cost Hunter and Amory Louins half a million Just completed in Old Snowmass, Colo., dollars, a figure that might houe fed them to stop the project in the planning stages. That, sous Amory, the building is lavishly handsome and yet "would houe been o pity. " ~ environmentally responsible. It's experi- accommodate new technologies as they ronmental consultants, the Lovinses wrote ~ mental, as flamboyant as its owners are in evolve. Soft Energy Paths and Brittle Power. They ' their quiet way. Expensive to build, it is Most important, the building has chal- founded the non-profit environmental-study cheap to run. Its ingenuity sees into the lenged a rigorous climate and succeeded: think-tank known as the Rocky Mountain future: the house is designed with holes to 7100 feet up in the Rockies, where it has Institute (RMI). i been known to snow for 39 days straight, "We wanted to practice what we preach," the house uses nothing but passive solar Amory Louins says. "The house is a compi- Marty Cnr(ock is o free-lance writer based heat. lation of the best technologies we knew i in Weston, Mass. Possibly the country's best known envi- about." There are a few of their own eco- Building the Ili-inch-duck serpentine wcdlc /below/ called for espenmenta(~on and a lithe lost time. ~~u but at an insulutrng uatue of K-9l), thev will saue much money ~n retw'n. l%iewed h~om afar (rr~jhtJ, ~ Y,.. ' ~ ~ _ the house shows ds m~ch~teclurai distinct~ai in curved forms and fheiux(uposed p(aneof the central ~ - greenhouse. s ~ ° w ,fir ~ a _ a._ :r-".w.3m~,~ ~ ~ ' l~ _ h [mom y?gy.. - _ L, !e¢ ! I .z- ` `t1 i s S`° _ ~ range for comparable construction quality," - - - - - - r } _ they say. "lf we had known what it would cost," Amory admits, "we never would have w"" started-which would have been a it P Y „ _ Redundancy was' also a factor. Not know- _ ing how many of the building's novel com- • - ponents would work, the Lovinses asked their architect, Stephen Conger of Aspen Design Group, Aspen, Colo., for backups. Experience so far proves many are un- necessary. 1 s Cheap to run - ~ . ~ , ; After a year in residence, the Lovinses ` 2 ~ report these performance figures: fi~ ~ • Heating bill: zero. - • Electric use: one-tenth of normal. • Water use: less than half normal. r` 4 • Comfort levels: excellent. ,x Energy-saving features added approxi- - mately $6000 net to the cost. They totaled _ about $12,000, but Amory subtracts from = ~ this $6000 for the estimated cost of a con- ;A ventional furnace and ductwork. The Lovinses calculate that they save $6300 a year in utility costs. Electricity costs run logical innovations, but most of the prod- passes living quarters for the Lovinses, a under $500 annually. Amory expects them ucts they used are available on the open central greenhouse in which they plan to to sink below $300 once the planned low- market. experiment with year-round food produc- energy refrigeration is in use. "The local lion, and the offices of the Institute. They utility has expressed interest in monitoring Upscale frugality own the whole structure and donate space The energy experts wanted to show that to RMI. the house to find out how we use so little," Amory says. The University of Colorado has nobody has to reduce his standard of liv- "The Castle" is neither small nor simple. also asked to do research on the building. ing in order to be environmentally respon- It contains 4000 square feet. The RMI wing Bible. They admit to having overdesigned uses 1100 square feet and the greenhouse Advanced products and overbuilt their glassy, curvilinear house. 900, with the rest for living quarters. Nor The glazing system of Heat Mirror plus "We wanted the building to be elegant as is it cheap. Construction costs, even with argon is, Amory believes, being used com- well as frugal. We deliberately built up- volunteer labor, have run over $500,000, mercially for the first time in the United scale," Amory says. "But the same technol- or $130 per square foot, excluding the site States. Alpen fnc. of. Denver assembled win- ogy could be gotten in a smaller, simpler, and financing costs. The Lovinses cite high doves via the usual Heat Mirror process- cheaper version." local building costs, custom design, an Southwall's coated. heat trapping mylar film What they have built is a massive stone- unusual and complex floor plan, and built- suspended between double glazing. Then walled, superinsulated earth-bermed build- in furnishings. '`The cost of this building is the company injected argon gas before ing. Neighbors call it "The Castle." It encom- actually around the low end of the local completing the polysulfide edge seals. Cost 20 SOLAR AGE _ ^:rtf... .x.: ~ ~{~Sii~"y,'iC ! 7_ I I ~.yt~' i~ ! ~ i~wi ~ Y \ G f ,~L} i ~ . fc ~ 4~'° ps '1' ~ ' I ` ~ ^ , /n the lihrarv and research center of the Rocky .l4ountnin /nstitute, crhoue, desk space follows the ~ 'y ' ~ r~ whim of the walls. The greenhouse /below), seen from the Louinses' kitchen, will he home to a closed faod production system featururg fish, fruits, and uegetuhles. u to the Lovins in 1983 was $7.50 per square foot. The windows have an estimated R value of 5.3. Coils of polybutylene pipe lace the four- inch-thick concrete slab. They will deliver radiant heat from solar hot water when the h~.,,, active collectors are installed. Then again, ~ . ~ . the occupants aren't sure they'll ever need ~ , the collectors for space heating. They didn't } during the 1983-84 winter, one of the most severe on record, even though the house's ~ _ cement was still curing and not yet at they- ~ mal equilibrium. "fn a total eclipse in 1 ~ ~ ~ ~ ~ January," Amory figures, "we expect to lose j` , - ~ only about 0.8 °F per day," thanks to the ~ 4 w. building's enormous mass combined with " ~ ~ i~ high levels of insulation. ~ • , ' ]nsulation thickness on the roof steps ~ - ~ _ - ' ~ down toward the edges in order to create _ - ~ _ - drainage. (fin average it's R-60. A polysty- ; ~ ~~'~x'' yy ~ rene perimeter skirt four to eight feet deep I_.: ;g; around the foundation is rated at R-25-plus. Uncontrolled air leakage is about 0.1 natural air change per hour. Operable windows in the Min-Use should be installed in a well- For appearance's sake most of the walls every room plus five air-to-air heat ex- enclosed area such as a shower stall, where were pointed up and washed after the changers ensure fresh air is always present. the hot air can be retained and recirculated. forms were removed. Amory calculates that The Louinses like their Sharp Economini Two other low-use showerheads are in- the insulation plus the thermal lag effect of rotary exchanger best because it can recov- stalled for comparative purposes in the sec- the mass yields the equivalent of an R-40 er humidity, doesn't freeze, and is largely and bath; they are rated at `?.0 and 2.4 gpm. wall. self-cleaning. The Lossnay bathroom units Volunteers-mostly students-hand-built work well, but they need condensate drains the bulk of the house's 16-inch-thick field- SeCOII(~ tl]OllgI1tS in a cold climate and dampers when not in stone walls. But volunteer labor proved not What might they have done differently? use. to be a great economy: the workers ate "We should have devised a better ther- Not yet equipped with solar hot water. X50,000 worth of groceries. mal break in the window frames," Amory the house uses a 96,000 Btu/hour AquaStar Readers of Scott Nearing's works will rec- says. They are made of rough 2x16 spruce `demand water heater. Fired by propane, it ognize the rock-faced slip-form wall-build- and act as a thermal bridge, chilling the modulates its flame to produce the desired ing technique. fn Nearing's version the window edges. In addition, the house was temperature over a wide range of flows, wall's center was filled with cement and built six months too early to get operable down to the trickle of the Min-Use shower rubble. Here afour-inch core of polyure- Heat Mirror windows. As a result, 10 case- heads in the master bath. Developed for use thane foam went in before the cement. ments lack the extraordinary thermal per- in submarines, the Min-Use blasts the water Because the walls are serpentine, the R-33 formance of the re;t of the house's win- out at 0.5 gallons per minute (gpm) with a polyurethane foam had to be notched so doves. 500-watt air blower. The result is what the it could bend. Then workers sealed it with When the crew built the walls, "we tried Louinses calla "tingly shower." They say expanding polyurethane foam and foil tape. to reinvent the wheel on how to tie the JANUARY 1985 rorms rogemer, memory reports. r hrnrcmg teverea arcn, the dominant architectural conventional models and in effect cut the t that polyester strapping tape would allow feature of the space, gives it a rounded house's water usage in half. The Lovinses less heat loss than bolts (which remain in back. Hot air from the greenhouse can be are considering a Japanese innovation: the finished wall), the crew wasted time ex- collected and ducted to other parts of the washbasins above the tanks. Graywater perimenting before deciding it wouldn't building. from the basin drains into the tank for the work. Amory calculates that the bolts and A closed food-production system for the next flush. the Duro-Wall metal reinforcements tying greenhouse is being designed by staffers at Electricity economies extend to such the courses together increase thermal losses New Alchemy Institute, the ecological study details as use of a photocopier (Canon NP by 1 percent. center on Cape Cod, where such systems, 125 that cuts power use 90 percent by using have been tested for a decade. Water from a cold compression roller instead of a Fish and re ater g yN' food-fish tanks will irrigate and fertilize fruit heated drum. High-frequency ballasts At the heart of the structure rises the and nut trees and vegetables. Then, purified (Luminoptics) in fluorescent fixtures reduce dramatic greenhouse. [ts peak, against the and aerated, it will return to the fish tanks. power demand by 40 percent. Elsewhere, north wall, is 30 feet high. It's vented for Toilets are 3- and 4-liter Swedish Ifo the Norelco SL-18 bulbs draw 75-percent stack cooling when necessary. A canti- models. They use 90-percent less water than less wattage than standard bulbs. Plumbing is designed to send sewage to aseptic/leaching system and "graywater" -.y to irrigate the soil south of the house. A t* _ - S, valve at the kitchen sink can direct kitchen ~ ~ ~ wastewater to either system, depending on _ - ~ ~ its content. All piping is Qest polybutylene, ¢ _ r` which the Lovinses describe as cheap, flex- fi% ible, light, frostproof, noncorrosive, and im- * = mune to water hammering. They caution .-`r that it should be used for drinking water only it the fabricator uses a virgin resin or recycled scrap melted at high temperatures ~ without added solvents. ~ F _ e g " ~ The amenity count One place where modern convenience has M - been sacrificed is the dryer. The Lovinses' _ solar model is a skylight shaft with awinch- up ladder-like clothesline. Heated air from the peak circulates around the dangling 7° i' clothes, and an air-to-air heat exchanger ex- ` hausts humidity. The Lovinses think the ~ trade-off is worth it. The three fans use a • ~ ~t~4 .w ~ hundredth the energy of an electric dryer. f~' i ~ ,n~ ' ~ ~ ~,~~hi There's also no garbage disposer- 1 compost has an obvious destination in the 4 greenhouse-and no dishwasher, but there are hookups for one if they decide they need it. r _ ' Embracing the future The house is planned for add-ons. The - Lovinses figured from the outset that they would have to defer some items until they could afford them. For others, they must ~ wait for technology to catch up with theory. Room has been left, for instance, for the in- ~ • - • • ~ • ' verter that will be put in when photovol- w:- _ _ ~r, . _ talcs becomes cheap enough. • • • ~ At this writing the household awaits de- • - - • ° ~ livery of hybrid Sun Frost refrigerator and freezer units, designed by Larry Schlussler. • • I,; - % The refrigerator will tap the great outdoors " for cooling when it's cold enough. Both - ~ ~ units are superinsulated and have their machinery on top, where its heat will dissi- r-`+ pate instead of invading the food storage ~ areas. ' , ~ _ _ ' Located 16 miles west of Aspen, the Lovins home may be toured by appoint- s • • • ' ~ ~ y- ment (303-927-3851). More details and the _ ~ r - ~ tea" t h 1 s ier • - addresses of ec no ogy uppl scan be ~ _ • • • • • • _ • ~ found in the Visitors' Guide and the Where- To-Get sheet. To get them, send $2 to RMI, Circle Reader Service no. 22 Box '148, Old Snowmass, Colo. 81654. 92 - Raisin the Roofbeam in Aspen ~ g Cathedral-like Spaces Distinguish a Colorado Log House ARCHITECTURE BY STEVEN CONGER AND MICHAEL FULLER INTERIOR DESIGN BY PHILAE DOMINICK TEXT BY GAEL GREENE PHOTOGRAPHY BY MARY E. NICHOLS JUST MINUTES FROM the hustle and ~..~°L Sturm of Aspen, on thirty acres deeply green with alfalfa, sits a huge moun- tain-guarded log cathedral that began its existence as a magnificent stable. A ° , passionate collaboration between the ~ 1 owners, an art dealer and his artist `41' ~ ` " wife, and architects Steven Conger ~ and Michael Fuller of the Aspen De- sign Group, the barn-that-grew hints of an old Russian hunting lodge in its ancestry, but the sophistication of - its detail makes it uniquely contem- porary. Handmade and hand-trow- eled, its windows carved by logging ' saws, it is a house that "looks like it _ - was meant to be in Aspen," as the wife observes. "In Aspen, families tend to do things together. Here each ' of us has his or her own space to re- ~ ~ ~ - 4._ g g - . zx~ treat to and a room bi enou h for all . i ~ s'`' ° .mow of us to come together." u.z""'.:::`'~.~'°~.°"~ ~'w~~",~.~.:'.~'vn ""`"~-~z The family had backed into build- ing cautiously. First came a studio for "We wanted the building to be sophisticated and not overly dark," says architect the wife to paint in. Then the hus- Steven Conger, who, along with partner Michael Fuller, designed an Aspen, Col- band and Conger sat down to plan a orado, log house. ABOVE: A circular drive leads to the entrance's Porte cochere. ` stable. The husband 'can visualize di- mensionally better than any client and the stalls would become bed- First the existing house had to be we've ever had and better than many rooms for seven children. Thus began torn down and a site created. With all professionals;' says Fuller. "He will lie months of meetings. "Something spe- those fields and gentle meadows, the awake at night with an idea and we cial happens when my husband and most logical spot dropped off abrupt- will come back with a way to make it these architects get together;' says the ly. Earthmovers came in to build work." But the barn was clearly too wife. "They start building on each lawns and terraces. The logs, which grand as planned. When the price es- other's ideas." "It helps to have a were already cut and jointed, all timates came in, "my husband threw client who is willing to take risks," went up in ten days by number, mat- , a fit," the wife recalls. "Nothing was says Conger. "I don't know another ing a giant fortress with a single said for two months." log building this size with such so- opening. Loggers came in to cut out At that point Conger returned from phisticated plaster and carpentry de- windows and doors. vacation and looked at the drawings tails. People think of a cathedral as "I wanted the main room to be un- for the stable again. "Why dori t you uplifting, but to imagine a place like any room you've ever been in, to live in the barn?" he suggested. He where you live that gives you that give you a sense of awe;' the husband would turn the barn and stretch it, same feeling each day is a challenge." explains. The resulting Great Room "The structure is a cruciform;' says Fuller, "with one entire end being the Great Room, which is held up by log columns and timber trusses. We used chinked log walls and a cedar shake roof in the construction. The basic shell was assembled within a week and a half, and the doors and windows were carved out afterward." OPPOSITE: The house is sited in a meadow and looks out over a small lake. 150 is a soaring space thirty feet high ~ ~,x . ~ ~ that looks out to the mountains and '3~' western skies. , The path to that room was planned ~l like a musical composition, a series of - ~ - movements building to a sudden rev- ~ . `k _ ~ elation. "You enter under the porte ~ ' cochere;' says Conger, "which is a high space with lots of woodwork. Accom- ` panied by the sound of a fountain, . G; i. you then step into a lower vestibule ` - and continue into the art gallery. ~ t. The space becomes compressed there, narrows down, and suddenly you're = E in the rotunda. You walk through an t~ almost Japanese-like gate, and in- ~ z _ stantly you're looking through the big # ~ ~ i ~ ~ I ~ window at the mountain beyond:' I ~ ~ p~~~ ° ~ The finished house had been prom- ~ ~ ~ ~ = ised in time for a big family wedding; ~ ~ and even though it wasn't ready, there was a mock moving-in. The - cherrywood curving stairway was rushed together to hold the bridal party. The sight of the Episcopal bish- op of San Francisco in his white robes in front of the window made the feel- ABOVE: "We thought it would be dramatic and fun to have a lookout for people to ing of a cathedral almost official. watch all that's going on in the Great Room below;' says Conger of the balcony, fash- What could easily have been a vast, Toned with cherrywood handrails. "Guests like to go up there during parties" intimidating space has been given an amazing intimacy. The pattern of beams "I spent a lot of time musing about added several touches of red and a and supports above, the vertical-grain color and texture and how to make patchwork quilt. wood floor banded in handmade tile, such a grandiose space user-friendly;' There is a porch with a Jacuzzi off the mullions and the almost organ- says interior designer Philae Domi- the master bedroom where the scent is chimney of the fireplace create nick. "I had to think about children of the shake roof perfumes the air. human-size chambers and nooks. and dogs." Her mission was explicit: Downstairs, a series of doors along The residents wanted a fireplace no southwestern, no theme. "It had to the gallery open to the bedrooms. that would have its roots in the work feel warm, comfortable and lived-in, Each bedroom has a window seat, of Isamu Noguchi. Sculptor Travis even though it was brand-new. I a walk-in closet and its own bath, Fulton, an artist who lives in Aspen knew the art would be eclectic, and and each opens to the outdoors with much of the time, was given mea- that's why the furniture is too." Big a transom created to throw natural surements. He located a huge chunk round poufs roll around so people light into the hall. of black granite in Virginia and had it can move from one conversation to Off the living room is a small li- shipped to a Vermont stoneyard, where another. "For the wife, there are lots brary with a stucco fireplace. It opens he directed the workmen in carving of spots for reading, and certain col- onto a bedroom and can be shut off it into a stunning polished ledge that ors. The sofa, for instance, which is a as a private suite. All the sconces on guests sit on. A second oval of granite bay-mud green, looked like an old the walls and between the motorized resting on salvage from the beams forms shoe when we brought it in, but the clerestory windows-a staccato of an island in the kitchen, itself a co- space is so full of light, you can have small squares near the ceiling de- coon set in one corner of the large open fun with odd colors," says Dominick. signed for light and ventilation- space, "to make it distinctly separate Color was also implemented in the were made in Santa Fe. from the dining area;' says Conger. master bedroom, where the designer Practicality was naturally a major OPPOSITE: "The Great Room contains the living area, kitchen and dining area;' notes Conger. "You enter the house through a gallery, pass into the rotunda and then step through aJapanese-inspired 'gate' into the soaring main space. It's a series of experiences." A sofa and chairs arranged around a Persian carpet form the principal conversation area. The interior design is by Philae Dominick 153 I ~I. ,5. ~ ~r ` _ concern for the architects, since the y%' ' , Aspen Design Group is known for its sophisticated conservation techniques. + "You do think about ecology;' says Conger. "You think about conserva- :F~~, lion as a responsible act, but the po- etic aspect of a building is what is memorable over time." In fact, pre- - ~ .y, e ~ ~ serving energy was easy. "Because the logs are so massive, once they Y heat up, it takes them a long time to - cool down. They store a tremendous ~ amount of heat." The big south-facing window would cook and fade the R a i~ ~ Great Room if not for high-tech glaz- < ing. "It stops condensation when it's f.-;.;~ y really cold, too." The house's insu- ~r lation is such that temperatures nev- er dropped below fifty-five degrees , r'~ ~ when the furnace went out in the - winter for ten days. z Steven Conger's measure of a suc- cessful house is by how many ideas ~~'F _ it has per square foot. "Some houses may have only four, but this one is full of them. Everywhere we looked, we tried to do something different. For example, the plaster techniques in each room that catch the light in a va- riety of ways, the view that comes from every direction, the sequence of _ _ - experiences, visual and visceral, as ~ you walk in the door. The house is - dense in ideas." ~•.i ' ~E: ~ The husband and Conger have wan- ,:Ap. •,G' ; ~ ' dered down the gently sloping lawn ' i _ toward the Charleston fence and =k. r ,1 ~ I F; the pond, where a dozen ducks have r1j~; ~ jf' survived cohabitation with a family ~ r ~l ~ of foxes. "That's the new site for ~ ~ ~ t~. , J ~ the swimming pool," says the hus- j band, pointing beyond the water. ~:~~1; : x_ "There will be a pavilion between the 'z a ; . ~ pool and the pond, and you'll walk t~$•~, , ; ' f, ~ z° ' Y through a grape arbor, along a stone - ~ ~ ~ ~ ~s ~ wall." Conger nods. "Designing this t ~'~i + ~ 1' ~ _ Er ~f.. w - . ~ house was such a wonderful, creative r qi-n ~ F• x.• ~ ~ ':3 process," he says. 'And I could see F ~ s' r ''d ~ ~ ~ - he was sad that it was over. So here ~ ~ .l , i ~ he goes again." ? ' ' t ~ - "We used white-plaster ceilings to keep the i. ~ ' =~~y~~ Great Room bright against all the wood," says ;t + Fuller. The big window provides views of Aspen, { , .1,. }t' r~{ Snowmass and Mount Sopris. Sheltered in the t~; ,jy;~ yr_"` space's transeptlike extension is a more inti- ^'~~4 mate seating area with smaller arched windows. ~ ~,s x ~ ` '.~..t 155 i ~ ~ ~ i~ ~I_ ~j0 C ~ _ ~ On a 35-acre site three miles from Aspen, Colorado, on the Roaring Fork River, architect Steven Conger has created a soaring house within apost-and-beam structure for Richard Lewis and Donna Allen. "I think what I like best about the design;' says Conger, "is that nature doesn't stop at the edge but comes on through." PRECEDING PAGES: The log pergola covers the outdoor Jacuzzi. "I wanted to capture the feeling of turn-of-the-century lodges that had high ceilings and a sense ARCHITECTURE BY STEVEN CONGER, AIA of spaciousness," says Lewis. "We studied the Adirondack lodges, and I visited several at national TEXT BY MICHAEL ENNIS parks around the country." ABOVE: The passive-solar house with acedar-and-glass facade PHOTOGRAPHY BY MARY E. NICHOLS was built around athree-story Great Hall. Framing it are gigantic log columns, "which make it feel like a log temple;' observes the architect. Monty, an Australian cattle dog, sits at right. ASPEN MAY BE a dream destination, his definitive Aspen homes are as ar- Roaring Fork River. The cathedral- but for architects, there are some hard tistically original as they are environ- like log house Conger built there for realities to working in this mountain mentally correct. Richard Lewis and Donna Allen stirs environment. Strict building codes "An energy-conscious building is architectural recollections ranging and energy-conservation require- absolutely a prerequisite," Conger from early Christian basilicas to Japa- ments test technical ingenuity, while emphasizes. "We want to be respon- nese Shinto shrines; it is at once rustic nature's daunting grandeur chal- sive to the environment. We don't and erudite, soaringly spacious and lenges aesthetic formulas that work use toxic materials. But within that penuriously energy-efficient. But for perfectly well at sea level. Few archi- context, a house needs to be poetic. I all his stylistic breadth and engineer- tects have operated in this rarefied think that's the niche we've defined atmosphere as skillfully as Steven for ourselves. We're environmental OPPOSITE: "With the help of a backhce, Steve Conger, president of the innovative and inspirational." and I set all the stones ourselves;' says Lewis Aspen Design Group. Conger has Conger at his most inspirational of the granite fireplace in the Great Hall. been creating ecologically sensitive can be found about three miles east of "We measured and fit them, and masons grout- edthem in." An Afghan kilim covers the floor, buildings since his graduate school Aspen, on a knoll nestled between and Turkish kilims are used on the pillows. days at Yale in the late seventies, but the base of Aspen Mountain and the The interiors throughout are by Linda Bedell. 112 ~ ~M. t H f r_ ` I Y t ~ 5}y ' t., . .4 F~. ,4u+.,. t v I~ mss, 1~~:( y ~4'.',H~ f - . -.a[ - °k,; . -7 , i. { Y 7~v Separate from what Conger calls "the very grand main space" is a more intimate dining room. Enclosed on three sides, it has plaster walls, a lower ceiling, fir windows and doors, and a floor of yellow pine. It also contains antiques from the residents' collection, such - as a French armoire and an American pedestal table, at rear. English and American chairs surround the trestle table. Heriz carpet. ing finesse, Conger's work is ulti- all the resort lodges that were built and lintels. "The scale is appropriate mately distinguished by his gift for around the turn of the century at na- to the scale of the outdoors," Con- establishing aprofound communion tional parks like Yellowstone and ger observes. Amid all of nature's ver- I~ between his clients and their envi- Grand Canyon," Lewis remarks. "I ticality-it's possible to ski off Aspen ronment. The Lewis house, with its liked their rustic quality, the feeiing Mountain right into Lewis's porte co- massive granite fireplace and light- of space, the mix of stone and wood chere-the dramatic facade is impos- filled timbered vaults, is no mere col- in construction. I wanted to emulate ing but not intimidating. lection of picturesque details but the feeling of those huge public lodges The house isn't a conventional log rather an architectural ode to nature in a private home." cabin but has essentially been hung phrased with insight and passion. But the basic design for the house on a log frame that functions much Lewis had owned the thirty-five- came as an on-site epiphany. "I was like the steel skeleton of a high rise; acre site for ten years before starting standing at the bottom of the mead- the exterior walls are cedar planks, to build, and he knew it intimately, ow looking up into the trees," Conger unpainted and unbeveled to provide cross-country skiing over the terrain remembers. "I had this sense of a big arough-textured appearance. The in the winter and camping out on it gate at the base of the mountain. I got logs were cut to exact specifications in ' in a tepee during the summer. Af- it all down in athirty-second sketch." Montana, trucked to the site, and as- ter achance meeting in the early That brief inspiration is now athree- sembled in ten days. "We used four- eighties, Conger and Lewis spent five and-a-half-story cedar-and-glass fa- hundred-year-old larch trees that had years honing their ideas. "I visited fade framed by huge log columns been killed by beetles or fire forty 114 ;.h::' 'i - .t l~' ~ Z r P fir. i F X ~ M ~1 x.-. I* `L,'i:i 'Sr': ~S `w~ The master ?oft, like most other rooms, faces the Great Hall "but was originally meant to be separated from it with a glass wall on one side and log partitions on another." Conger says. Adds Lewis, "I saw we'd lose the effect of the light and the post-and-beam con- struction that way, so I decided we should eliminate the glass and lower the partitions." The porch overlooks Independence Pass. years ago," Conger says, "so in a sary to make a sharp right turn and the heart of the house. Constructed of 1. sense it was a recycling." To one side negotiate a series of rock steps. "I con- enormous granite chunks trucked in of the house, an extension of the sim- ceived of this as a lookout," Conger from a local rockslide and carefully ple post-and-beam log framework says. "You're forced to stop and ap- fitted together, the chimney rises into has been left as is, creating a pergola preciate the view.' the log rafters like the megalithic over the outdoor spa. 'The log struc- The view from this mini-promon- monument of some forgotten forest ture was so beautiful before it was tory is as spectacular as anything on tribe. "It's very elemental;' Conger I turned into a house that we decided the outside, framed by the cotton- says of the entire composition. "You to shoot it outside and keep it ex- wood forest just beyond the big win- have earth, air, fire, water." posed;' Conger explains. "At night it doves at the back of the house and the The kitchen is on a mezzanine reminds me of a Greek temple." distant panorama of Independence overlooking the Great Hall, separated The porte cochere is at the opposite Pass presented by the three-story by elevation and a long, curving bar side of the house-no parked cars fenestration in front. A small creek cut from ancient cypress deadwood mar the clean lines of the facade- channeled off the mountain flows Lewis found in the California desert. and visitors enter the house through through the living room into a pond The master loft, bath and closets are an airlock vestibule. At the end of just beyond the front door, which in on the second story, a bridgelike, the entrance hall is a gigantic boulder turn drains into the river. seemingly floating aerie. "Originally overlooking the sunken living room For all this, the dominant feature is the upstairs was to be framed in," below; to descend safely, it's neces- the stone fireplace and chimney at continued on page 796 115 ODE TO ASPEN GREEN MEADOW FARM Environmental Ethos near the Roaring Fork An Informal Equestrian Haven in Dutchess County continued from page t 75 ronhnued from page 157 Lewis recalls. "But I wanted to retain The stable's central section has underscores the casual atmosphere, is that feeling I'd had camping out in twelve stalls, each with its own Dutch durable and solid. An Irish pine table the tepee, that sense of one big open door, and is flanked by two wings. stands before the arched windows- space." The solution: The walls were Orsini located the office, tack room "good for large hunt breakfasts," cut down to six-foot-high partitions, and grooms' apartments in the north Orsini notes-while overstuffed arm- defining the rooms without isolating wing; the south wing became the chairs covered in brown Ultrasuede them. One benefit of the unobstructed owners' quarters. flank a ponderosa pine sofa from sight lines is the extraordinary natu- Since the Bellers' country house is New Mexico. The low table, from ral lighting, provided in part by the in nearby Millbrook, they didn't South America, was constructed out rows of windows high in the vault. need a lavish residence at Green of planks and iron. "You can put Heating all this space would have Meadow Farm. But they did want your boots up or spill drinks on it been prohibitive without high-tech a place where they could relax by without a worry; 'says the designer. conservation measures such as heat- themselves or entertain casually. Orsini also took care to install a absorbing solar glass and the network Orsini created an informal living powerful air conditioner. "When of hot-water pipes that warms the area with adouble-height cathedral twenty-five sweaty polo players stone floors. But the finish is reso- ceiling, a sleeping loft, a kitchen and come in, any room can get hot and lutely low tech; the partitions are real a bath. "It's a wonderful place to stuffy very quickly; 'she points out. plaster, the floors gray schist flag- spend lazy weekends, especially in Since the Bellers often have guests stone or pine, the cabinets a yellow the summer," she says. "The Bellers who bring their own mounts along, ~ pine that ages with character. sometimes use it to put their guests Green Meadow Farm needed to ac- Both architect and client rolled up up, and after a day of riding they of- commodate as many as twenty-four their sleeves and got involved in the ten give a party there rather than horses at any given time. So Orsini construction work, and the experi- drive everyone back to Millbrook." designed a second stable, the summer ence underscored Conger's belief that The living quarters have an airy, barn. She also devised a 13,500- architecture is fundamentally an art freshly scrubbed atmosphere. The square-foot indoor riding arena for of personal relationships. "Richard walls are white, the draperies are nat- training and exercising the horses and I became friends for life," he oral linen, and the floor's wide pine during bad weather. "You could fit says. "I view architecture as a psy- planks are hand-rubbed with what the all the other buildings on the site chic phenomenon, a manifestation of J an inner reality. To design a house I have to presume an inner reality on the part of my client. A lot of people Since the main stable would contain quarters for are scared of that. You can't do some- the Bellers as well as for their horses, Orslnl thing like this without a client who thought it should enjoy a certain distinctiveness. has vision and self-confidence." Lewis found Conger equally con- genial. "This was the first time in my building experience that I've worked designer calls "a white-birch finish." inside it; ' Orsini says with a laugh. with someone who didn't let his ego "The Bellers used to have asum- But because the arena was so big, it get in the way," he says. And per- mer house at the beach," she ex- threatened to overwhelm the other haps the most compelling feature of plains. "Mrs. Beller wanted to make buildings and obstruct the views of Conger's design is that the architec- these rooms beachy-open and light. the surrounding woodlands. To pre- ture, as dramatic as it is, can also get The pale finishes accomplish that and vent that from happening, and to out of the way and let nature per- give it a peaceful feeling." protect the arena from the north form. Even Lewis, after all his time Despite the predominance of winds that scour the region in winter, _ spent camping out on the site, found white, Orsini made sure the living Orsini had it recessed into the slope some surprises when he moved in. quarters could be treated roughly and that descends from the main stable. "Sitting in our living room and look- cleaned effortlessly. The floors never As a result, the building has a negli- ing out toward Independence Pass, need polishing. The beaded-board Bible presence when viewed from the Donna and I discovered these incred- walls in the kitchen and bath can be main stable and cannot be seen at all ible reverse sunsets. The sun has al- wiped down. "Easy maintenance is from the road. ready set behind us, but it still the key," she says. "This is a place It is the sort of striking innovation illuminates the mountains to the east. where ten polo players will come that indicates that Susan Orsini Eventually all we can see is the sun tromping in with muddy boots." understands design as well as she on the tops of those three peaks." ? The furniture, an eclectic mix that does horses. ? 196 STEVEN CONGER 'rh+• ~,iH•+r Uc•si~rr c:r•rntlr DESIGN APPROACIi ~:~u ticnulr C.rlc•rr:.. #'?u'' My work is eclectic in the sense that I view each client and :~,~>,•n. e.:O i;lc,l I site as a unique constellation of opportunities, constraints, Calla) +l'?~i-:31)'~I dreams and history. With this many variables, combined - s with an open attitude, each project takes on a life of its own and seems to dictate how it should be designed. In the process, the contribution of the client is an asset. Our buildings have a sculptural feel about them, and there is always a lot of natural light coming in from all directions. The space is usually complex, and the structural system is often expressed as one of the main design features. At the heart of many of our residences <ire large central spaces. Lately we've done a number of log buildings. The archi- ` tects who have been most important to me are Greene and ~ Greene-who happen to be my great-uncles-and contem- ~ ~ i ~ porary Japanese architects Arata Isozaki, Kisho Kurokawa and Fumihiko Maki. ~<< BELObI/: Shvcn Cungcr s ccdw--shin~dcd dcs+~nr ~in- un Aslnn residence nestles into its setting = ~'~~`b: Ix-nvca+ i+ Qi+t nrcadcnv and n steep lxurh on Cas- - ,may t ~ tle Crock. "The residents asked (,r small-scale ~ '4 jj slx+ics anJ a ~Irsign that wus innovutivr vet hod i, r`~: ~ ~ - ' a! 1> . i traditional roots," sous Cungcr. At right, ulwvc ~ L _i lad the enhance, is a viewing tower; at left is u ~ r~ € ~ ~ ~ studio with a rending tower- alxrve. RIGHT: Tlu ~ ~ ~ ~ ! F~ ~ ay«~ plan shows the basic L-shulx of the resulcnce w 4 _ ~ 6 ~ and the Ik,sition of the [covers in the two wings. ~ ~ = i' ~ r ,y, '7 .t F~ ~f 11 ~ - ~ l ~ 5... --.a .r's ~cqg '7 y, 4~..` 1 ~Y z,.,~F ~ ,a~.- - ~ .l . " _ _ _ - _ _ r ~ r r ' •i ~ v ^,1 OFFICE INFORMATTON There are four architects in our office of fourteen people. We do about five houses each year. I am personally responsible for the design of each building, and I work closely with the project man- a~er-who is involved through the entire process-and the client on the schematic and design development; the construction docu- ments are done primarily by the project manager. We charge aper- centage of the construction cost, a filed fee or by the hour. INTERIORS We have an interior designer on staff, and I also do some of the interior design. If the client has a designer, we work with him or her in the same creative way that we do with the client. BACKGROUND Steven Conger has a master of architecture degree from Yale. Since starting The Aspen Design Group in 1979, he has designed a number of residences and condominiums, mostly in Colorado, a commercial center in California and an inn in Santa Fe, New IVIes- ico. In addition, Conger was chosen to take part in designing an international children's camp in Tbilisi in the Soviet Union. y "f ~ { ~ ~ r ~a ~ x, LEFT: 6side the house, a putlud-ceiling living :"~~4 Y ~ ~ , . room feahu-cs n double-hclir scan- of chcnywood t, , - that leads to the bech-oonts, blow, cutil view- ~ ~ e in tower, ctbvve. "Des me the cold clunate," Ite „i , ~:1- v~ r observes, '.the residence tuts very little butt." I x~ ' ~ a~~ F 6ELOW: Fur ct 35-aue sitr outside of Aspen, i ' Conger dcsigrted n log shucnu~e with cedar siding. ' ~t ~ _ = ~ ~ "The fimn of the residence builds up to the Great - ~ Hall," cxpluins Cungcr, "dte~ core o/the house." ~ '~~'x 't - .~z,^:: ~ ~ cii i - r. _ - _ .z~ ~ • c.~, - ~ - i 1 i Calthorpe Associates Architecture & Plannin g t 1 • Can a new suburb be like a small town? In Sacramento, an ambitious . ' - _ - z ~ plan to control growth and _ _ ' ' coo! the love affair with cars ~ _ ~ ~ _ - - _ - - ~ ~ acramento real-estate developer ~ ~ I' , ~ ~ Phil Angelides and San Francisco ~ architect Peter Calthorpe are Cali- ~ fornia dreamers of a different sort. Both 7• j - yearn to bring back many of the features ~ ~ f _ 7rr"" 1 of the traditional small town to 21st- •:~y - ~ i ~ century suburbs, to make them places ~ ~z. _ , ~ ~ ; ~ ~ ~ where neighbors swap stories on front ~ ~ ~ ~ ~ porches and where life does not revolve ~ ~ around the automobile. Fortunately for I I; Angelides and Calthorpe. officials in ~ Sacramento County, which includes the state capital. share their vision. In May, pendine final approval from • county supervisors. Angelides wall begin construction of Laguna West. a 5500 ~ million. 3.300-home development 12 MOVe over, NOtrman Rockwell. In Peter Calthorpe's and Phil ,4ngelides's new housing ! miles south of Sacramento. Local officials development, front porches. long walks and corner stores are the wave ojthe future hope that the project will be at least a partial antidote to their suburban will be built much closer to the street, ~ hopes to raise afamily-and do lots of ~ sprawl-and planners elsewhere in Cali- and most of their garages will be located ~ walking. Phyllis Watts, a Sacramento fornia and around the U.S. will watch to at the rear. Many of the streets will be psychologist, and her fiance plan to buy see if the Sacramento plan can be applied Harrower than the usual suburban "at the high end." and they look forward to other bedroom communises with streets. and every one will have side- to living in a diverse community that ! chronic growth and congestion problems. walks. Each parcel will have three trees includes renters. "People are hungry for Since 1980: refugees from smog-choked ~ lining the walks, and plans call for alleys more contact with others," Watts says. Los Angeles and pricey San Francisco behind the homes. reminiscent of older Open for business. Angelides concedes have flocked there. raising the county's neighborhoods in many American cities, that attracting retail stores to the town population from 783.000 to slightly more including Sacramento. Laguna West will center wall be crucial to reducing resi- t than 1 million. A mayor em ironmental also feature paths for bicyclists and jog- ~ dents' reliance on cars. Prospective re- ~ report last year heightened concerns over pers. and a branch of the public library sailers may be umvilling to give up the ' ~I the area's traffic congestion, air quality will be located in the community center. convenient commercial strips along ma- and general living conditions. "We have Prices in the development will range I for thoroughfares. However, Matt Con- ' to do somethine. and this is a start." says from 590.000 for townhouses to 5400,000 Holly, ashopping-center developer, says county engineer Tom Zlotkowski. for lakefront homes. Property is expected the town-center idea intrigues him and The Laguna West project differs from to sell fast, due as much to Sacramento's other retailers who are pressed to cope i other planned communities of the past 20 recent 20 percent annual rise in property with traffic problems. Ironically, Con- ; years in its emphasis on linking suburbs values as to the project's innovations. ~ Holly says retailers may be attracted to via mass transit. In fact. Calthorpe's de- ~ Planners view Laguna West as an im- Laguna West because it will be located ' I sign is based on his "pedestrian pocket" portan[ test of whether higher-density near an interstate highway and can draw j concept. in which single-family and mul- housing will support greater mass-transit customers from nearby subdivisions. tifamily housing units, day-care centers, use. Sacramento's two light-rail lines are Other builders facing environmental re- parks and commercial space are clustered not nearby, but a line to a nearby develop- strtetions and higher costs are warming around a town center served by mass ment is planned. Buses will link Laguna to the pedestrian-pocket concept. "If j transit. "We value our private world so West to the new rail route. this is the only way we can build homes I much we don't endow our public world Some analysts doubt Calthorpe can five years from now, we'll be happy to,' with am quality that would draw people design a vibrant communit}• life. Subur- says Michael Winn of Winnerest Homes. together." he says. Angelides was so im- ~ banites live near others not for social Sacramenro County has hired Cal- pressed that he scrapped his completed ! mteracnon but to ensure their property thorpe. who is designing two similar prof- ' plan for a traditional suburban tract and values. says Carolyn Adams. a professor eels along Amtrak routes near Tacoma, asked Calthorpe to think even higher. of urban policy at Temple University. Wash., and Tampa, Fla., to rework parts ' Porch with a view. The result of their "People don't move to suburbia to re- of its master plan so new growth can be ~ collaborason is an 800-acre develop- create small-town Amenca.' better served by transit. With California s ment that will include 1.800 detached But there are potential home buyers population projected to grow by 4.5 mil- single-family homes as well as 1.500 who think Laguna West will suit them. (ion people in the next decade, projects townhouses and rental-apartment units. Gregory Lucas. 34. an unmarried finan- like Laguna West may become more the none of which will be more than a half ~ cial planner. wants to sell his three-bed- `rule than the exception. ¦ mile from the town center. The homes- ; room home to a neiehbonng subdivision i at least half will have front porches- ~ and buy in Laguna West. where he I by Laura Thomas in Sacramento 32 U.S.NEWS 8 WORLD REPORT, March 5, 1990 OPIMI01~ ~ 1 1 ' 1 1 ~he sacr~~nento Bee Locally owned and edited for 132 years , JAMES McCLATCHY, editor, 1857-1883 C.K. McCLATCHY, edits, 1974-1989 C.K. McCLATCHY, editor, president. 1883-1936 GREGORY E. FAVRE. executive editor WALTER P, JONES. editor. 1936-1974 PETER SCHRAG, editorial page editor ELEANOR McCLATCHY, president. 1936-1978 FRANK R. J. WHITTAKER, general manager A suburb for eo~le, not cars ' ' raffic ams and dir air have d arks and for 1 w w wa j ty route p cu -de•sacs ith alk ys California's affection for the automo- that cut through to the next block. bile. Reducing auto trips has become an im- Because the population density of the de- , perative of policy-making at the state Caps- v~elopment will be concentrated near the tol and local government chambers around town center, most of the residents and work- thestate. But how to curb auto use in a state ers will be within easy walking`distance of a where most of the jobs and housing are be- planned transit stop -for buses, downtown ing created in suburbs, places• notoriously commuter express buses and, perhaps one auto-dependent? The new community pro- day, light rail -and of neighborhood stores posed for west Laguna Creek may be part of and services. The hoped-fot result is a com- theanswer. munity where residents and visitors don't AKT Developments and•River West Devel- automatically have to climb In a car to buy a ' opments •are asking the county to let them loaf of bread, rent a video, take skid togym- junk their plans !or a traditional suburb on nastlcs class or go to work. 800 acres in Laguna in favor of an imagina- ~ y the standards of conventional subur- tive townlike development designed by Pe- ban planning, the proposal !or west La- , ter Calthorpe, a Bay Area architect and g,una Creek looks like a departure. But the planner. The proposal breaks many of the l~deas behind the plan are hardly radical; the accepted rules of California suburban Bevel- designs echo the best attributes of the towns , opment. Instead of rigidly separating the a,nd graceful residential neighborhoods built land uses of a typical suburb -single family in pre•World War. II America. All over the homes, neighborhood stores. office build- country, home buyers are flocking to those ' togs, apartments the plan concentrates places, paying a premium for older homes them around a -town center. which has .a In places where they are close to work, shop- community center and' a park. Instead of ping and recreation. The plan for west.Lagu- building all of the houses in mazeUke "vtl• na Creek is,an exciting sign that developers, lager" that have no through streets for autos after four decade's of building dull, auto- or pedestrians, It calls for streets ihat• lead bound suburbs, are hearing the message. toward the town center, the schools and (;ounty oi[lcials should hear it, too. ' •FonKn 4 The Sac~ameMO ass Sunday, /lupuat 2t,19t9 ' r - e n etro o is leost-uura ' BY PETER 4ALTHORPE - f ~ ~ L: , t~ ,rw ~ s N i~~' 'fir i :~L ~ iii ~ ~i _ _ __r.~~-=T~ --lei ,cep-~~.~-~i .p . ~ 1~ 1 ~ .r ~:Narm. ,r `i The technology of the built environment is easy to criticize and di fficult to change, particularly as Walkable Streets: itrelatestoourever-increasing deyendenceonautomobiles.ArchitectandplannerPeterCalthorpe The scale and character 1 isdesigningalternativesthatareactuallygettingbuiit.Hisarticle"PedestrutnPockets""appeared of neighborhood streets in WER #581p.118l, and The Pedestrian Pocket Book, fo which he contributed, was reviewed must change to provide in the Whole Earth Ecolog (p. 721. pedestrwn-friendly connections and social ' Calthorpe was recetttly chosen to create an alternative land-use plan for Portland by the 1000 places, rather than car- Friends of Oregon. This influential watchdog group has been responsible for monitoring state domrnated driveuxrus legislation setting urban limit lines for Oregon"s cities; the task at hand in Portland is to devise and high-speed collec- transit-oriented development alternatrves in hopes of avoiding construction of a proposed tors. Streets should be perimeter freeway. Calthorpe has also been hired by two of California's fastest-growing counties, tree-lined, with front Sacramento and San Diego, to develop design gurdelines for their new growth areas. His firm, porches replacing ' Calthorpe and Associates of San Francisco, has created masterplans for 60,000 acres at sites garage doors. throughout the US. Among these is Laguna West, a 10,000-person pedestrian pocket currentlu under construction outside Sacramento. -Richard Nilsen WHOLE EARTH 0.EVIEW WINTER 1991 ~1~ - EOPLE ARGUE ENL)LESSLY about growth -where, how much, what ,what ~ ~ density, and if it is really necessary at all. Sprawl is bad, infill is good (if it is not in our neighborhood), new towns destroy open space, masterplanned communities are sterile, ' ` and urban redeveloprnent is fine for "other people." In all cases, we have been doing a ~ terrible job of building our cities, suburbs and new growth areas; our patterns of growth are dysfunctional, regardless of location or type. The problems of growth are not to be solved by limiting its scope or location; they must be solved by rethinking the nature and quality of growth itself, in every context. We need to start creating real neighborhoods ' rather than subdivisions, urban quarters rather than projects, diverse communities rather than segregated masterplans; quite simply, towns rather than sprawl. The quality of growth is dependent on the technology of acre minimum), dedicated ri ht-of-ways for eas move- , S Y mobility -the mix and interaction of the automotive, ment, infrequent station stops (one-mile minimums), fre- mass-transit, and pedestrian worlds. The car is now the quent service (no more than fifteen-minute intervals) and defining technology of our built environment. It sets the big, mixed-use job destinations like aty cores. Destinations form of our cities and towns. It dictates the scale of streets, need to be mixed and walkable so that riders are not the relationship between buildings, the need for vast park- stranded when they arrive. Some transit systems have ing areas, and the speed at which we experience our en- modest dreams, wanting only to serve the poor and carless vironment. Somewhere between convenience and con- on an infrequent basis at slow speeds. Some are very gestion, the auto dominates what were once diverse ambitious, looking for urban densities, high speeds, and , streets shared by pedestrians, cyclists, trolleys, and the uninterrupted und~,r,..,snd passageways. community at large. And more importantly, the auto aI- The wants of the pedestrian overlap and in some cases lows the ultimate segregations in our culture -old from contradict the requirements of these other systems. Pedes- young,home from job and store, rich from poor and owner trians avant close destinations -shops, schools, services, , from renter. It has come to dominate the public realm, rt,.. ration. They want direct links to these destinations free extending the private world from garage door to private of cul-de-sacs, parking lots, or massive intersections. They destination. want safe, interesting, and comfortable streets to walk on, ' As a piece of technology with a mind of its own, perhaps we tree-shaded and with houses and shops fronting directly on should ask what the car wants, or for that matter what a them for interest and security. They want detail and human transit system or a pedestrian wants. The car in al]l cases scale in the edges and places of a community. Simply put, ' wants to go fast. Speed has many implications on the built they want narrow sY. lined with entries and porches environment - it defines a street svstem with few intersections and many lanes, it _ _ _ t 9C y i- r q l..l _ requires wide streets with soft sweeping II CY~~" t turns, it wants ever more freeways and _ ~ ever-larger parking areas. These criteria - result in the curvacious superblock arte- ~1QJ~ ' rial system, freeway networks, and park- cT ing-lot-isolated land uses so common to- _ ' ; day. The car wants lots of pavement and ` ~ ' _ ;M the low density development that pre- - - ~ a,:' serves plenty of space for it. The car also seems to want to travel more; between - , 1969 and 1983 the national population - - - - ~ ~ i'~ ~ - s grew by 16 percent while the total vehi- - r ~ - cle miles traveled in cars increased 56 - - . _ _ .i.. pCa LCY ~ t. The requirements of a transit system are Torun iCenters: Rather than "strip" retail centers lining arterials, the room center must quite different. Its fundamental desire is combine civic functions, small businesses, and stores with parks, plazas, transit stops, and for more riders. This requires higher-den- daycare. Ir must collect the daily activities of a community and be a source of identity for sity land uses (housing at ten units per seoerat neighborhoods. 27 WTE FNE ROAD SAUSALRO, GA 9965 ~ a leadin to local sho s schools and arks -not rows of and city center, support a transit network, and balance g P- P garage doors on curving streets leading to six lane arterials. housing and job opportunities within the region. The entire ' Pedestrians also like transit to extend their range of destina- metropolitan framework needs to be layered, with an arte- tions. These wants can be satisfied in either high-density rial grid for through auto traffic, neighborhood streets that urban centers or small mixed-use towns. The issue is not link homes with local destinations for pedestrians and slow ' one of density but of quality. cars, a transit system reinforced by suburban stations with Each of these systems places differing demands on the intensified development, and apedestrian-dominated ur- environment and architecture. Clearly the car places the ban center. Such a metropolitan strategy would simulta- greateststress onthe environment while "liberating" archi- neously address environmental, social, and technical con- tecturefromthelimitsofurbancontextandhumanscale.At cerns, rather than segregating them. It would define a the speed of the auto, little more than isolated signature context for an architecture of solutions rather than of anec- buildingswill read -the grotesque landscape of corporate dotes. symbols and chain-store logos. Mass transit calls for a more dense,integratedandfocusedarchitecturethanourcurrent The Crisis of Place in Suburbia planning models require. The pedestrian wants an architec- THERE IS A growing sense of frustration and placelessness tore oriented to the sidewalk, one that in our suburban regions, a fractured provides continuity as well as diver- quality that overlays the unique as- sity, and has human scale and detail. pests of each place with chain-store Various environments satisfy differ- architecture, scaleless office parks, ent combinations of these wants. The ~ and monotonous subdivisions. European city works for both the pe- Americans moved to the suburbs for destrian and mass transit, but has great auto allows the privacy, mobility, security, and own- , difficulty accommodating the car - ership. Increasingly they now have hence the many movements through- intimate Segrega- isolation, congestion, rising crime, out Europe to ban the car in old city and overwhelming costs. cores. The traditional American town bons in our culture There is a profound mismatch be- provided for both the pedestrian and -Old f rOm youn& tween the old suburban patterns of the car (back when there was only one settlement that have evolved since car per household), but rarely offered home f rom job and World War II and the post-industrial the density or focus needed by mass culture in which we now find our- transit. The modern American city, store, rich f ~ selves. This discrepancy is generating violated by urban renewal, suburban environmental stress, intractable traf- flight, parkingstructvres,andfreeway yoor and oumer fic congestion, a dearth of affordable interventions, fails to fully satisfy the rPnter~ housing, loss of irreplaceable open auto, the pedestrian, or mass transit. space, and lifestyles that burden The modern suburb pleases only the working families and isolate the eld- car, leaving both mass transit and the erly. This mismatch has two primary pedestrian unsatisfied. sources: a dramatic shift in the nature Given the social, economic and envi- and location of our work places, and a ronmental forces of our time, some new synthesis of these fundamental change in the character of our increasingly three systems is needed. The challenge is to introduce the diverse households. needs of the pedestrian and mass transit into the auto- A major shift has occurred in the quality and makeup of the dominated regions of our metropolitan areas, not to return American household. Our old suburbs are designed to the fiction of small-town America or hope to absorb a around a stereotypical household which is no longer preva- disproportionatepercentage of growth into urban centers. lent. Of the approximately 17 million new households Urban centers will grow strong if their suburban areas formed during the 1980s, 51 percent were occupied by deliver transit riders rather than cars to their core, and if single people and unrelated individuals, 22 percent by their internal development favors the pedestrian. single-parent families, and only 27 percent by married ' Pockets of mixed-use development with streets designed couples with or without children. In the group with chil- for both the pedestrian and the car will support expanded dren, the family now typically has two workers. People mass transit into the suburbs. A network of such develop- over the age ofsixty-five will makeup 23 percent of all new merits will provide a focus in the suburban environment. households. The traditional three-bedroom, single-family This will draw traffic from the overloaded arterial system residence is relevant to a decreasing segment of the popu- ' 46 WHOLE E,UtTM REVIEW WINTER X991 P 7 - _ ~uiu.~ w~uu r 1~. L/~ ~ W ~ , y~ trn rm , C } li _ ~ ~ r ......i 3t ~ ~c `ll s ~ uu.,.,u. TRACT A _ ~ L`"~` - ?E ~ ~F 3 n 7E ~ ' ~ r • ' r . j .Q ~ i m T r ~ * • ~ ' ,y J F 3E 3E C t _ ~.,,..j.`r- ytS rte-. i ~ lation. Add to this the problem of affordability, and the ' suburban dream ~«.....es even more complex. ~ We cannot return wholesale to the form and scale of the pre- . World War II American town just as we cannot sustain the ' ~ Ozzie-and-Harriet world of the fifties and sixties. The auto _ - is modern suburbia's form-giver, and it will not easily disappear even if constrained and balanced by alternatives. ' ~ The extended family and mom-and-pop shops will not , . return, regardless of design controls or clever planning. 4 And unfortunately, varied, craftsman-like architecture New Toum: If planned as a series ~ j built in small increments is largely a thing of the past. Even of uwlkable villages, a new town can ~ so, there are meaningful alternatives. Finely integrated and provide the qual ity of life now absent ~ walkable communities with strong identities designed from modern suburbs. This project fm ~ I around usable public spaces are both possible 10,000 apes east of Tampa, Florida, is s and economical today. The forms will vary in located on a r,,,Y,,.,ed commuter rail ~ time and place, but certain traditional town- lineand has over 4,500 acres o f open ~ design principles will emerge as timeless and space and preserved wetlands within :1 contemporary. its boundaries. Each village focuses on a mixed-use Main Street which The classic American town had walkable s.. that includes suf ficient retail space to meet ~ led to useful, nearby destinations, rather than rnllector neighborhood shopping needs, service- ~ streets that funnel into heavy-traffic arterials. Elm Street led oriented of/ice space, and public-use I to Main Street, or to the neighborhood park, or daycare or space placed around a village green. the elementary school. Such a pattern is actually cheaper to This new town would combine 20,000 build and results in shorter trip distances, even if cars are new homes with 36,000 jobs. used. The streets are narrow, have sidewalks and are tree- Iined.They are fronted by porches and entries rather than garage doors and driveways. They allow through traffic , but slow it with frequent intersections and frugal dimen- sions. Gone are the extremes of soundwalled E,.r.~..~.vays and cube-sacs. Privacy is maintained but partly shifted , from the front yard to the neighborhood. Security is pro- vided by eyes on the street rather than gates and armed 27 G11TE FIVE RQAD SI4JSALfiQ CAl~KS ' F a atrols. Such streets are radical not nostal 'c. The are formulaic confi ra ' ted develo er p p gi y gu hons dicta by p inerna and practical for single parents tired of being chauffeurs for conservative financing criteria. These huge developments ' children unable towalk tomost activi- demand innovarive design in order to ties. They are practical for the elderly avoid the "theme" quality of isolated without cars, for single people looking subdivisions, shopping centers, and ' for accessibility, and for working office parks. They require an architec- familieslooking for stronger and safer ~C~S ture which integrates them into a communities. larger community without nostalgi- The classic American town had diver- moved t0 the Sub- cally imitating the scale and diversity sity of use. So does the modern suburb, of older towns. At the same time, the but with greater separations. The clas- ur1lS f OT ~ ~ ~ u f1Cy, architecture must avoid the sterility sic town separated activities: residen- mOlJility, Security, and highway scale of the modern sub- , tial streets, commeraal streets, school urb. The scale of these developments sites, and a formal avic center. But the and ownership, cannot be concealed or denied, but it connections between uses were close, can contribute to and be made respon- walkable, and deed. (Even our larger Increasingly they sive to a larger civic order. cities are use-zoned, with vertical now have isolation, There isafinebutimportantdifference mixed use -in which, for example, a between tradition and nostalgia. Tra- shopkeeper lives above his shop -the congestion, rising ditions are rooted in timeless impulses exception rather than the rule.) The while being constantly modified by center of the town integrated commer- Critfle,1111d OZlef = circumstance. Tradition evolves with vial, recreational, and avic life rather time and place while holding strongly than isolating them. This is also quite whelming costs. to certain formal, cultural and per- practical today. Commercial centers sonal principles. Nostalgia seeks the can benefit from the increased traffic security of past forms without the in- created by civic and . rational trips. herent principles. The current archi- Parksand civic centers are better utilized when located at a tectural interest in the classic American town can tilt to- hub of activity and within walking distance of residential ward profound and meaningful principles or merely color neighborhoods. suburbia with anold-time style. The difference is in the What cannot be directly adapted from the pre-World War quality and skill of adaptation. II town is its fine grain and scale. We now have larger institutions which resist Ballcanization. Retail markets are The New Metropolitan Region growing ever larger, with the typical supermarket pushing REGIONS WITH HIGH growth demand have several fun- 60,000 square feet and discount stores reaching 120,000 damental development choices. As is the present standard, ' square feet. The small shops remain but the large anchor towns and suburbs surrounding the metropolitan center stores keep growing -motivated either by the conve- can be allowed to balloon out in the typical sprawl patterns. nience of "one-stop shopping" or the price discounts. These Ideally, growth can be accommodated by locating it in anchors will resist a Main Street configuration, demanding redevelopment and infill locations. Or new towns can be the market area and visibility of a major arterial. Hybrid planned within reasonable transit proximity to the city town centers must combine the intimacy of a main street center. Finally, one may attempt to lunit overall growth. with the accessibility of strip centers -another interesting Such limitations, when they succeed, often spread develop-, design challenge. ment into more -remote areas receptive to piecemeal The scale of development entities, builders, and land as- Projects, increasing commuting distances and creating the sembly has also grown radically in the last thirty years. ubiquitous hopscotch land-use patterns. Unfortunately, ' Towns no longer grow by individual buildings or even the most common strategy is to allow the spread of existing small groups, but by production units of approximately 150 suburbs and towns, resulting in sprawl, traffic, and a loss of houses or by retail centers of at least 60,000 square feet. identity for what may have been distinct neighborhoods, Apartments are rarely developed at under 100 units be- villages and towns. cause of management economics. Land developers often Infill and redevelopment should always be a component of bring over 100 acres (the size of a classic town center) any region's growth policy, but to expect such sites to through the permitting process with one masterplan. absorb the majority of new development is often unrealis- Rather than the architectural diversity of incremental tic. The quantity of sites is often too small to accommodate growth, we are confronted by large blocks developed into large numbers, and the time needed to develop such sensi- ' WHOLE EARTH REVIEW WINTER 1991 ' _ ,rth,,~'r~ - - _ ~ - _ _ - s T.<t~..f. a~ - ~ _ ' 1 - e ` , ' ' r ~ + . v~ o a ~ ' ~'r n ~ y. .+9 Edges: New communities should have clearly established edges which form greenbelts around ur- banization. These edges should use and respect sensitive habitat, openspace, or agriculture. Each new community should be made distinct by its greenbelt. tive sites is sometimes prohibitive. The impact of NIMBYs activity. Transit-oriented new towns reinforce the city's is also having a profound restraining effect on intill devel- role as a region's cultural and economic center. opment. We all want infill projects to prevent sprawl, but Greenbelting should always be part of the growth strategy we rarely support them in our own neighborhood. for both new towns and the larger metropolitan region. The If planned well, new towns can help structure a metropoli- two are complementary; a new town can provide tan region by absorbing growth, supporting transit, and t;•~«~belts for the metropolitan area at the same time it creating greenbelts. If truly transit-oriented, new towns can buffers its own edges. Failure to use greenbelts with new relieve the regional highway system, improve air quality, towns means afast-growing region will continually ex- ' and support an often-underutilized rail or bus system. pand into the nearby natural edges of open space. Estab- Time after time it has been demonstrated that an effective fishing new towns with greenbelts will break the continu- transit system helps to invigorate the downtown. ous expansion of suburbs. ' Portland's new light-rail system has been credited with the But modern new towns have a bad name. In Europe, with phenomenal regeneration of its downtown, bringir?g both some notable exceptions, they are sterile and suburban. In jobs and new retail activity to the urban core. Public transit America they are sterile, suburban, and (even worse) eco- always focuses on the central business district anti delivers nomic failures for the first twenty years. Are these qualities ' people, not cars, to the heart of a city. This reduces the need inherent in new towns, or a result of a dysfunctional design for parking structures and obviates destructive urban free- philosophy? After all, our favorite cities and towns were all way projects. Adding more sprawling suburbs toy a metro- once new. Is it just time that transforms a new town into a politan fringe increases pressure for parking and freeways diverse and complex city? Or is it the nature of current downtown while it competes with the city for jobs,and retail economic forces, the technology and sociology of the timwes, 17 W7E FNE ROAD SAUSALfiO. CA ~4~65 ' ~ ~ Y.. - cramento a mixed-use . Infi11 for a City: In an 51-acre, underutilized industrial section of downtown Sa , redevelopment plan is proposed. Ivcated along a new extension of the light-rail line, the protect would mix jobs for 6,800 people with 91b townhomes and apartments, 54,000 square feet of retail space, and a hotel. The heart of the protect is an "around-the-clock" transit stop that opens onto a orator pedestrian plaza lined with retail shops, restaurants, services, and a hotel. Small public plazas and parks are located along the pedestrian spore that links the housing with the transit stop. _ _ _ a`.~.~ ~ y: e _ _ w a b , , d'* ~ f - - - . 1 _ 1 _ , . . - ~ - t... ...Z ' L.... ~ ~ ~ r ~ ~ s _ _ _ • ~ q ~ _ 5 ~ .j,~_ i ~ 1 . f and the design of the plan which inhibits or enhances a from the street. During the Depression, Le Corbusier and successful maturation? Certainly the history of planning as Frank Lloyd Wright expanded the vision in both cities and it has evolved in this century plays a great role in this suburbs while retaining fundamental modernist principles ' question. -segregation of use, love of the auto, and dominance of At the turn of the century, and again during the Great private over public space. The street as the habitable com- Depression, the theory of new towns evolved in several mon ground of the community began to disappear. Even in directions. Ebenezer Howard and the Garden Cities move- the most progressive of the post-World War II new towns, merit defined a Luddite's vision of small towns, built for these basic modernist postulates have compromised, if not workers, surrounded by greenbelts, combining the best of destroyed, the ability of these areas. to evolve into vital city and country. These towns were sited around rail sta- urban communities. lions and combined Romantic and Beaux Arts urban tradi- It is hard to pin down the difference between suburb and lions with powerful civic spaces surrounded by village- "new town" these days. Suburbs are acting more and more scale neighborhoods. In the same period, Toni Garnier like modernist new towns; they have jobs, retail, recreation, developed the first modernist approach to town planning, civic services and a diverse population. They also have the segregating industry from housing and freeing buildings placeless quality of most new towns. And when you study ' SD WHOLE EARTH REVIEW WINTER 1991 A - and satellites. In each context the uali the planning procedures required of suburban utfill, suburbs, q ty "masterplanned communities" and "specific area plans," of development should follow the same town-like prin- they resemble intentional new towns in scale, elfort, and ciples: housing for a diverse population, a full nux of uses, conception. But they are not real towns and probaibly never walkable streets, positive public space, integrated avic and will be. Both suburbs and many modern new towns lack the commercial centers, transit orientation, and accessible open fundamental qualities of real towns -center, edge, irate- space. For urban infill, such development can become , grated diversity, and clear public space. "new-town-in-town" designs for large parcels, such as Pedestrians are the catalysts for healthy communities; they Mission Bay in San Francisco. For smaller infill parcels, the _ make these essential qualities of towns -center, edge, task is to complete the mix of a community while honoring diversity and public space -meaningful. They a,•e the lost the unique qualities of the place. Lower-density, mixed-use measure of community, setting the scale for center and neighborhoods can be developed for suburban infill sites edge. They create the place and the time for the casual s2aular P~aPles. These sites are fundamentally the encounters that provide the connections and integration same as new towns except they are smaller, lack. the capac- , within diverse communities. Without pedestrians a at}~s ity for major greenbelts, and must respond to the idiosyn- common ground -its parks, plazas and sidewalks - cratic qualities of the surrounding community. become useless obstructions to the car. When this happens, Disaggregated sprawl is destructive wherever itoccurs - , an area's focus can easily be disaggre- as infill, suburban growth, or new gated commerce and civic functions towns. Projects that are diverse, cen- easily separated into distant chain- tered, and walkable are useful in all store destinations and government areas. The specific nature of a metro- centers. politan region will dictate which of The essential qualities of towns are ab- these growth areas is appropriate; its , sent in virtually all contemporary rateofgrowthwillindicatehowmany growth patterns, regardless of the con- tCPS TUI~l Sl?Y~7! are needed. Regions with a, very slow text. Infill urban sites, new suburban ~w g growth rate may only need incremen- development areas, masterplanned 1f fhelt`'3itb111"btgi Af'~- tal Regions with rapid growth communities, and new towns all fail ~ and much skipped-over suburban when planned without them. Urban ~'aS I~211at?f' 1Ft'A1lStt land may need urban infill and new . infill sometimes succeeds because the suburban projects. Other regions may qualities of diversity, clear public ~ ftTfl~Cr t~ need development in all three areas, space, and a qualitative center pre-ex- ~~t~ t0 r CpTCr including new towns, to absorb mas- istand need only be honored, not nec- sive growth without destroying the essarily created. Nevertheless, many tdlPll 1~ fhEl<f t'ri~f'/iAl identity of existing small towns and infill projects succeed in destroying urban centers. The quality ofdevelop- these pre-existing qualities. Modern ~t'~Opt7YC~>t f RC015 ment we allow, not necessarily its 1o- suburbs and new towns typically lack cation or size, is the principal problem if i~ and opportunity of growth. real centers, definitive edges, or sig- nificant public spaces. They have di- These are the design challenges of cre- versity in use and user, but the diverse sting the post-suburban mt:.~~lis: elements are segregated by the car. to develop a regional growth strategy They have none of the casual and spon- that uses infill and new growth areas taneous human interaction that creates vital neighbor- to reinforce transit, community, and social diversity; to ' hoods, quarters, or towns. create an architecture that reinforces public space without The special qualities of place are easily blurred by the speed sacz2f2ang the variety and character of individual build- ings; to create a planning approach that integrates the and isolation we feel in cars. Although pedestrians will not p~~~ into mixed-use, livable neighborhoods; to see ' displace cars anytime soon, their absence in our thinking the environment as an asset rather than a limit to human and planning is the fundamental source of the failures of settlement; and to evolve a design approach that is capable infill and new growth areas. Plan as if there were pedestri- of accommodating modern institutions without sacrificing ans and we may allow kids, the elderly and others to walk human scale and memorable places. These are challenges of again. Plan for pedestrians and we can transform suburbs greater difficulty land potential grandeur) than the current into towns, projects into neighborhoods, and networks into struggles between environmentalists and developers, be- communities. tween regional interests and neighborhood activists. They In a sense we should be building towns in all growth areas are challenges of real consequence. 27 WTE FIVE FOAO SAUSALITC7l U 9965 ~ 1 , w ~ •r ~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~•rrE: NFw rorzfc •rrnara REAL ESTATE SUNDAY, Novr:narir;rz rn, r99r 33 A Transit-Oriented A roach to Suburbia Data Update pp _ _ VALUE OF CONSTRUCTION Laguna West ~ - CONTRACTS < r ' ~ • ~ Y tResrdenbel n mdLOns of dollars) ~ ~ y Sept 91 Sepl 90 Change ~ ~~r _ _ A ; ~ ~ i G_ r,ahon 0 94 t 8 +64 , t0°a In Sacramento r' ~ D ' e ~ . = Northeast 1 349 1 216 + 11 h ® _ _ Midwest 2278 1,804 +26%0 _ South 3.139 2162 ~ 14°0 XC1teS tanners I _ west 2.175 2 383 9 i _ - - t Sauce F W Dodge D~~~s~on McG~aw~Hdl Inlorma - - _ _ 4. I lion SYSlems By MORRIS Nfi WMAN - ~r•~. ~ MORTGAGE INTEREST RATES (Averages) . - SA('FtAMI N10, (-ALIF ~ r'.. ~ t'iy; Northeast Last Previous Year Pula bu~luad~ ul Cahlurnia eiry plamu•rs - ~ ~ _ r-.. ~ Wech Week Arlo - abuw IkU of than - recently traveled to a -M-,...~,/ ~ Conventional 130 yil 818 893 1008 flat, windy plain I I index south of this city to r ~T ~ Adlustablc (ISl yl) 650 653 8(19 tour Laguna West, which has been touted as ~f~, -i06~ - ~ / ~ ~ :•q - ~ - thc next evoluuunary sutgc of Qtc American ~ ~ ; Midwest suburb. _ - - <..~lir~~,r~,A„~. Convenliona113U y1) 877 8N!I t0 (12 U'hilo home building has just started at the Adlustablc 11 s1 yr) 6 55 661 8 (15 I U00-acre subdrvisiun, the planners could see Rendering of village green at South Brentwood Village in Brentwood, northeast of Oakland, Calif. _ _ Soutt, - - the outlines. a designated site for a transit Conventional (30 y11 875 88S 94)7 station, sw'rounded by land sam ui he filled elegant plans, which echo the 19th-century ing, environmental stress, a loss of open insularity of suburban life. Adluslahie ltsl yr) 649 645 794 with stores, commercial buildings and aday- Beaux-Arts movement, and his critiques of space and life styles that burden working Instead of col-de-sacs, Mr. Cahhorpe pro- - - care center, rill within walking distance of suburban tile. families and isolate the elderly and singles vides through-streets, sometimes creating West about 3,400 planned homes . Mr. Cahhorpe, who calls himself a reviver living alone." w ban centers where diagonal streets meet. Conventional Ia0 yl) 8 67 8 97 10 t9 Laguna West was created by a novel coati- rather than an originator of ideas and "an He says he especially dislikes subw hia's "The goal is to provide multiple pathways Adpislahte (tsl yli 6 44 6 43 B 4t uun of developers, government officials and ecologist first and a designer second," has tangle of spaghetti-like streets and cubde- that lead to the same place," hr. said. •'The _ _ nonU'adinunal planners. It is a pilot project to his own firm, Cahhorpe Associates, in San sacs that lack orientation and circulate poor- notion of a center is reinforced by the formal Northea~l: Conn rna~nr 1.+ass N f+ N,l D sec whether home buyers will accept a new Francisco. He says he is "cynical about ly. Much of the impetus behind transit-orient- pattern." Fa a I vl Mrawest: ul Ind Iowa rear, f.ar n idea of suburbia, intended to encourage pe- architecture purely as a formal exercise ed developments, or "pedestrian pockets," F'hil Angelides, presidem of hiver West Minn Mu rdeb,ND Dino 5n was So~m:nla destrian movement, soe•ial interchange and a outside of culture and economic conditions." as he calls them, is of get people out of their Development of Sacramemo and one nl Ihree A,F . Dcl D C na Ga Ky t a , end Miss u C sense of place more typical of a aditional He is applying a similar integration of cars, at least those who want to. Transports- partners in the Laguna West land develop- orl:. s c. tr•nn tr. va w va weer: aasla cities than of postwar suburbs. transit, housing and commercial buildings in lion engineers say suburban households typi- mein, hired Mr. Cahhorpe in 1989 after hear- n'~z Caul Colo laws, In,~no M„m rm . rl r.l Che IJlah 'Nash Wyu Muth is riding on the success of what local the 140-acre South Brentwood Village project catty generate 10 auromobile trips daily. ing him slxxak. Shortly after that Mr. Angc- - - plannerx roll "transit-oriented develop- In Brentwtad, 25 miles northeast of Oakland, lidos scrapped the original plan for Laguna Indexes for Adlustablc-Rate ' menu." County planners are trying to con- and at the I,B00-acre Dry Creek Ranch subdi- ~ West, which had already complete) a lengthy Mortgages' trot growth in an exploding region; environ- vision, 10 miles north of Sacramento. "In our time," Mr. Cahhorpe said in an approval process, and slatted anew. 6 mo frea5ury bill D4 l t 7 t3 mentalists arc trying to concentrate growth Mr. Cahhorpe has been particularly crib- interview, "housing production occurs on a Mr. Angelides, who was a housing advo. 1 yr tress sur.nmv 5 t5 539 7 al In sm:r1l areas in an effort to prevent sprawl cal of suburbia as a ear-oriented environ- mass scale, so we must work with Ihat." His cale in the administration of Gnv. Jerry 3 yr Yeas security 6 t2 6 30 7 95 and preserve open space. And home builders mom that discourages human interrction. In ideas, he added, "are not for a small elite." Brown bt the 1970'x, contends that he could ' Y' In'as secooty 6 79 69f, B 22 are seekin a oliticall tcce table formula a 1988 essa p p I y cl tWabnnal Modynip~ g p y ; p yin "Pedestrian Pocket Book: A In the edestrian ockets conce a, a ratio- have readil sold homes in a convemional Contract Hale 8 93 b 93 9 ]n at a time of growing antidevelopmem feeling. New Suburban Design Strategy" (Princeton nal street system replaces the "spaghcUi." subdivision. •nales on moll adp~slatile moilyagrs ago set + In 3 In large part, Laguna West embodies ideas Architectural Press, 59.95), he says that a Often, streets converge on a neighborhood "There was no economic incentive (or us to ucrcenlage poems above mess inde.rs of Peter Cahhorpe, a 42-year-old London- "profound mismatch" between the suburbia center, including a transit station. The center change the plan," he said. "But we warned to sourrc r+$f+ Assoc~a les burn architect and planner who grew up in of the last 40 years and the needs of current offers a supermarket and other neighbor- do the right thing." Palo Alto and saw that city's quick growth in society "is generating traffic congestion, a hood-oriented stores and services. the final plan of Laguna West is unusual in the 60'x. He has won recognition for his dearth of affordable and appropriate boos- Mr. Cahhorpe's idea of community revives hs mix of housing, from three-to-an-acre Nut all people find the pedestrian-pocket some traditional, if neglected, ideas in home custom homes perched nn the waterh-nnt to concept convincing. Some shopping comer ~'•I~,~,• design, as well. Front yards become shallow 30-to-an-acre apartments. Prices for produc- developers and merchants, in particular as houses are pushed forward to line the lion housing are to range from 3135000 to seem unwiltrng to depart from the success/ul street; in Laguna West, each house is to have 3280,000, while homes on custom lots may L-shaped shopping center in favor of build• two trees - there w01 be 20 species of cost up to 3700,000. ings lining miniauur boulevards. disease- and drought-resistant trees, one Local home builders arc also hcsnam to species to each block. This will evemually ~ endorse the uanst-nrlroved devrlnpnum provide a continuous canopy of shade under In Ucuiher 1990, Mr Cahhorpe was hired concept Sacramento's relentless sun. by Kautrnan & Broad of Northern California, "The Cahhorpe approach is untested," Front porches on at least half the houses an affiliate of one of California's largest said Kim Dellinger, a lobbyist for the Build- will provide a public face to private housing. home builders, and surrounding landowners ing Industry Association of Superior, CahL, a The streets themselves are narrow to slow to design the Dry Creek project. His ideas home builders' trade group. "For the home • down traffic and are punctuated with "tree have achieved a sort of semi-official status builder, it is a big risk." wells" -concrete-walled planters -that with Sacramemo County officials, who are Mr. Cahhorpe, however, said homeowners protrude two or Ihree feet into the line of rewriting the county's general plan using his bought into existing suburbia because they ,f traffic and serve ex parking dividers. ideas as guides. had no choice. The old sttltdivisions, he said, Garages, which typically bulge forward in "People here do not wain Sacramemo "were aself-fulfilling prophecy." recem suburban homes, are pushed to the Coumy to he like L.A. or San Jose," that is, a Mr. Angelides, the home buildor, Bald he ~ side of the house, well behind the front fa• limitless sprawl, said Thomas Truskowski, a believes that the market, not ideology, will cade, or can be entered through back alleys senior planner for the county. "We needed to have the last word. i` in some cases. Home buyers also have the abandon the business-as-usual approach to "The risk is genuine," he said. "If l.;+grin;r ' option of buying rental units or so-called home building. We are trying to bring togeth- West sells, all the home builders will want to e.utrwpeASmr.rer "granny flats" atop garages. Mr. Cahhorpe er those places that we use the most: the build similar projects." But if the concept says the strategy provides another type of places where we shop, where we work and fails to attract buyers, he added, "they will Model of planned community, Laguna West, outside Sacramento, Calif. affordable nonxing while counteracting the where we recreate." become gun-shy." ¦ SUNDAY, MARCN I, 1990 Real Estate Y 33, ~1je ~1'cty ~ork ~~mes Sacra~~~ento suburbs to Try `Pedestrian Pockets' Homes Planned ways done architectural review In our 11 projects, but we've never before evaluated j 'i i Y ~ ~ ;r + ~ ~ ~ ~ } ~ ~ i / i s ~ ~ 1~h' how Ixtlldings relate to one another and how t 1 t { t , .A Walk From everything works together. We've done a lot ~ ' ;i ~ t r ' r tip of marketing talk about community, but the , ' troth Is we haven't actually done much abort ~ ' r ~ ` ~ ~ ~ 1 building wmmunlty." ` ~ .~a7 =i;JR • r°t ~ r -',t ~ f'° Shops and Jobs Selt-Interest Is also at work. Sacramento .y + • ~ Q t g?~ already has severe alrquahty problems. The 2 F ~ , Federal Envlronmentel Protection Agency l'~ ~ By JONN McCLOUD ranks the Sacramento metropolllan area as ram„ l f~ ~ t~~. one of the nation's 10 smoggiest, and Its t SACRAMENTO, CALIF. pepulation, taw 1.15 million, Is growing by This rapidly growing state capital of 60,000 a year. ~~ir 350,000 residents has rarely been thought of °pevelopers are going to have to be more as a center of Innovation. But planning olll• responsive,"' said Mr. Angelldes, "or the [ I ~ clots and builders all over northern Calllor- euthorlllea are going to really clamp down." 3 nia are watching the progress of recent pro- Jonathan Cohen, whose Live Oak Assoc;- ' posals for three large suburban Bevel- ales of Walnut Creek le one of [he companies a " - opments with strong transit and pedestrian behind the Sutter County proposal, to be - ' orientations. celled Sutler Bey, spoke In a similar vein. The proposals mark a radical departure "You've got to find Inrxntives /or people to from current conventional suburban develop- get out of their automobiles," he said. mem practices in California's enormous Cen- a Turtle. von Tlow/rrr~rrwoc.ner teal Valley, one o/ the world's most produc- tive. agricultural regions, where recent The idea behind pedestrian pockets, Mr. The Laguna Creek development, where the last 800-acre section is to be developed as a `pedesttian pocket.' growth is threatening to produce urban Calthotpe explained, Is to put services, tren- sprawl. sit attd even some jobs within walking dis- One proposal, for an 800-acre site In the lance of homes. The Laguna Creek project Laguna Creek area 12 miles south of down- will have a station of Sacramento's light-call Bay sites ere along possible rail extension ban developments, regardless of their design, Mr Calthorpe conceded, however, that pe- town, has reached the development stage, system built Into It. routes. can only contribute to the area's problems. destrian pockets do not hold all the answers. with construction scheduled to begin this The U-shaped system, operated by the A Joint venture of River West, AKT lkvel- "The pedestrian pocket Lroncept is a mfctT>- Because of the relatively low cost o1 land, spring. The two others, for 5,600 acres in the Sacramento Regional Transit District - opmen[s and Lexington Nomes, Laguna solution, an academic fix," said Mr. Race, immigration into the Central Valley tror, North Natomas area eight miles north at which has already approved plans for the Creek will comprise 1,850 single-family and who has scheduled a Central Valley planning coastal areas of California has been so heavy downtown and for 25,000 acres just across the station -goes 20 miles east from downtown 1,500 mulUtatplly dwellings plus recreation- "summit" next Friday in Modesto specitical• that builders are hard-pressed to keep up Sacramento County line in Sutter County, are Sacramento; the North Natomas and Sutter el, community, commercial and retail uses. ly to address growth-related issues. "!t does- with the demand and few want to lake the still being planned. The first units will go on sale this winter, with n'[ really stop the spread. We've got to tackle lime for creative planning. peter Calthorpe, a San Francisco arch;- completion expected in 1995. the problem on a regional scale." On the other hand, he said, "Sacramento tact, is Involved in both the Laguna Creek and Unlike many contemporary suburbs, the Some developers arc also skeptical. "The has such a strong market right now that we Sutter County projects. For several years 0 ~ face development will have sidewalks along all market Impulse is b go with the typical cart afford to take a bit o! risk." Mr. Celthorpe has been promoting a concept streets, and streets will intersect so pedestrl- pattern," said Mike Winn o/ Wlnn Crest '-The tact Is," he setd, "we're gluing what he calls "pedestrian pockets," in which hous- ens can move efwut freely. In the typical Homes in Sacramento, which has built thou- y~ would get in a standard subdivision but ing, retail and commercial uses are built CelifotTia suburb, long, winding streets cut- sands of single-family residences in the area, oflering a lot more. We're really not compro- within walking distance of one another and minate in dead ends, with no cross streets "The expedient route is to map out the land in mising anything." are all placed along nodes of major transit other than a few major thoroughfares. In Tfie conventional manner and get the boost Cameron Doyel, president of Jacobsen corridors. 98 addition, about 11 percent of the site will be on the market as soon as possible." Land Company, one of eight property owners • CALIFOR i reserved for perks and ertlticlal Takes, a that have joined forces to produce a unified Another difference between this project plan for the North Natomas site, said it took The concept, which Mr. Calthorpe empha• ~ end the typical suburban subdivision, said The "pedestrian pockets" make sense, he him about two years to come around to sizes is neither radical tar new but rather a ~ Mr. Calthorpe, is that It will Include housing said, but as long as the market insists on e NOf~h accepting a shalt In perspective. return to the way cities used to be built, ~ ~Hy for a broad income range. Apartment rents single-lamlly home to a suburban setting, ..lye backed into this idea out of necessi- attracted only polite attention until the Envi• 5 Fl will range Irom 7;500 to 11,000 a month foPone they are t going to make an impact. ty he said. "We had to find a way to reduce ronmental Council of Sacramento, a private ~ ^ to three bedrooms and condominium a art- In res nse to Mr. Race's criticism, Mr. nonprofit organization, began promoting il. A~ ments will be priced from 5130,000 to Calthorpe said that Sacramento County has the number of automobile trips In order to Phil Angelldes, president of River West Sac nto 5200,000. Single-lamlly homes will start at ~ hired his firm, Celthorpe Associates, to draft satisfy" the E.P.A.'s elr-quality demands. Developments, one o/ this city's largest 5q - about 5210,000 and go up to 5500,000. Howev an element of Its general plan that would And, he added, "the more we looked, the builders, liked the idea and persuaded his ' er, Mr. Angelldes said, "we'll spend some make pedestrian and transit orientation part more we realized this wa; the most sensible partners to try It on the final parcel of an time trying to get some units even lower We of the county code for all new deve;, r..,. _.-i. way to approach i6" 8,000-acre master planned community they are committed to a genuine economic mix." Astor marketability, he noted that more than The proposal for th. North Natomas were already building at Laguna Creek. The , • Not everyone is convinced that Mr. Cal- half the units In Laguna Creek wilt be de• Project entails U small villages, each with ate earlier parts of the project were designed as thot-pe's ideas have the potential to stave off lathed, single-lamlly homes laid out in a own school, park end commercial center, and conventional suburbs, with street after street 5 ~ ~ the problems generated by population fairly traditlonel pattern, with tree-lined end three larger villages shut would have more of single-family homes feeding into standard _ - ~ ' growth. Hruce Race, a planner with the San landscaped parking stripe and garages be• Intensive development. According to Mr. commercial strips. Slapping centers and f1a1 CifM~I ~ " Francisrn firm of Kaplan McLaughlin Diaz, hind the house Itce. Doyel, the project would generate only one' business parks stood oft from the housing. ~ "r. ' which has created urban design plans for "Our streets will have much more of the eighth as many oil-site automobile trips as a "We thou ht we were Bolo well," said Mr. rrt~ea' several Central Valle communities, includ- feel of early 20lhtentury towns; ' he said. typical suburban development of similar size Angelldes, gbut not well enough. We've al- ~ y F Q ° ing Sacramento, saidihat large new subur- "They won't be so anonymous end barren." end population. ¦ - s ~®~a~~~ ' She lvgasf 0°'IY Grc~latior~ in N..' CaliFomia 126th Year No. 9 * * * * * * • FRIDAY, IANUARY 26, 1440 415-777-1111 "L~"' 25 CENTS ' "When we looked at what we Pioneering Pfan Planners for the new towns "are really taking the lead in hous• ~ Rose,,;{k a were planning, we realized that in a~eco eo. many ways it didn't meet our own ' ing innovation now," said Cal- Kew e~ o,,,E ao To Create thorpe. "The public agencies and ~ Town ~ expectations." said Angelides, who had worked on innovative schemes the development community out ` eo there are far more willing than the MeemoN,ev~o°ar a as a staff member of the state De- l New Towns ~Y Area seems to be to consider - ~ 3 partment of Housing and Communi• new ideas." s ty Development under then-Gover- Cormichaal nor 3erry Brown in the late 18705. By FY+andc Vlvtano Sacramento officials have also • c'~'°" ~ commissioned his firm, Calthorpe ~ crams"ro so "We talked about 'community' While the Ba Area a oniz• and Associates, to design a "transit- 80 in marketing, but it wasn't really es over festerin crises In hoes- oriented development" element for ~~9CKSay meat's street•scaun were domittat ' g the county's revised master plan. ~ RD ~ ing and transportation, metro- ed by garages. They didn't take into politaa Sacramento i9 about to FOR1N RD account what it would feel like for a break ground on a radical 21st The pedestrian-pocket concept New g - which has made Calthorpe a ris- human beta to live there." century solution. ing star in U.S. city planning circles I Town The future is materializia at -aims at emulatin the ambience ~ Aagelides, !!ke the EGOS advo- g g ~ cafes, was impressed with the con- the sites of two enormous new and human scale of small-town euc move etvo. trast between standard suburban towns for more than 175,000 rest- America in a setting that employs ~ street-scope and Calthorpe's pro- dents to be bullt within 12 m11ea of state-of-the-art construction meth- posed design, which requires front the state capital. Designed by a vi- ods and transit options. porches, tines all streets with a cano- sionary San Frat?ciaco architect, the py of trees and places garages in developments represent the largest Because it emphasises amix- recessed slots behind the house fa- fullyplanned communities to be ttn• tore of commercial and residential caries -all architectural allusions dertaken by a single meuopolltan development, and a considerably to the American small town. azea in California history. more efficient use of land than the Sacramento's willingness to ap- conventional suburb, the pedesui• ply innovative designs to such enor• "We could take the chance;' They are also the first new an pocket also promises to lower moos tracts of land grew out of a said Angelides, "because there is a towns in the state to inc.,. p..+.te a radically the cosu per home. consensus between environmental- very strong market here today. highly lnnovaUve approach to pub- ~ fists and developers over the fast- lic transitllnked land use. At Laguna Creek Ranch, 12 growing region's future. There is a high demand for housing, miles south of downtown Sacra- and this was the moment to risk an Both plans revolve around "pe- mento, the Calthorpe design calls "In a sense, you could say that experiment." desulan pockets;' which replace for 1,858 single-family homes and we environmentalists conceded on conventional suburban sprawl with 1,512 multifamily units set amid 111 the 'growth-no growth' azgutnent," The Sacramento region has parklike neighborhoods clustered acres of takes and parks. Single-fam• said Davfd Mogavero, past president been building between 30,000 and along tree-lined boulevards radial- fly homes in the development are of the Environmental Council of homes annually for the past ing from mans transit stations. expected to sell for as ?ow u x120; Sacramento (EGOS). "We concluded five years, largely in response to an 000 and lakeside townhouses for that we had no control, finally, on influx of newcomers deserting the "Wh4t separates this from oth- ~ ~ to 5100,000. Apartments in the quantitative side, and that the high costs and traffic congestion of er large developmenu in Northern two-story buildings, grouped debate would have to shift to quali- the Bay Area and Southern Califor- California ?s that it really does pro- around a large central park, would ty~of•life issues," nia. pose an alternative to the automo- rent for less than 5500 per month. bilecentered suburb;' said the ar• In Caithorpe's view, costs are chitect, Peter Calthor e, who 1o- A similar Caltho According to Mogavero, EGOS p p rpe plan for spent a year researching innovative behind the Bay Area's reluctance to veered the pedesuian•pocket con• the 25,QOOacre Sutter Bay develop- land-use plans around the world be- move as aggressively as Sacramento ceps meat, two miles from Sacramento tore settling on Calthorpe's pedes• is in housing innovations. "I'm re• Metropolitan Airport in Sutter trian ocket as an a r luctantly beginning to believe that Architects and housing advo- Count ,involves one of California's P PP oath that y met iu oal of reducin the Bay Area simply isn't as progres- cates have contended for years that largest residential development g g depea• sive as it would like to think," he such innovative laps are the onl deuce on the automobile, cutting P Y projecu. Iu 14 pedestrian pockeu, down on air ollution and ensurin said. answer to the Bay Area's endless arrayed around a town center and P g treewa traffic ams and a real es• the preservation of open space. Y j including roughly 10,000 acres of tare market so tight that less than 15 open space, will accommodate 70,- ercent of the re ton's households River West Developments, the P 8 000 housing units and more than area's lar est develo meat firm, can afford to purchase a home. 175,000 people. g P was moving ahead with a standard But despite Its problems -and Both Sutter Bay and Laguna plan for Laguna Creek Ranch when its reputation for liberal ideas and Creek, which are expected to take EGOS members approached the lifestyles -the Bay Area has been shape during the next five years, firm's president, Phil Angeifdes, extremely slow to abandon the con• will eventually be linked to down- with a proposal to adopt the pedes- ventional suburban laad•use pat• town Sacramento by extensions of trian-pocket model instead. terns behind its traffic congestion the city's light-rail transit system. and housing shortage. I i~ ,.,s • e~S'1?s-i. s - i j4j~S3iS'~ r -S"' `f~ ~i>'ST'ii~ Villa. e s o n 3 ~tso r~ t; ',~1 ~-~+j~ ~~,tttit' the reewa :~'',~;<<~~ ;`i ~;;i~j~j'i%Y Some radical ideas are starting to penetrate the ` ~ complacent world of suburban planning. welve miles south of Sacra- - - - , mento, California, is a piece of land called Laguna ~-Vest. It is mostly a brown and ' yellow plain of sun-baked ~ dirt and grass, interrupted by a network of roads, a lake and a few clusters of half-finished and newly built houses. To anyone passing by on the highway r' - ~ that runs near one edge, it seems indis- ~ ~ ~ " - ~:p~ ~ tinguishable from every other subur- € , F ~ ~ ban tract being gouged into the rural ~,;~'?~~3.', i' grassland. But Laguna West is a mold breaker. It is one of the first incarnations in ranging attack on suburban sprawl. - - _ _ - _ _ ...»,ti~a;!"~:~ Y Y l Q~Y~'i wood and earth and asphalt of a set of They argue that the ills of suburbia- ' . , ~ ~ ideas that began a decade ago to un- traffic congestion, polluted air, miles of - ~ ' settle the suburban development es- cookie-cutter housing, soulless com- tablishment. Along with a few other mercial strips, roads that make pedes- - ,~j,'sl projects, Laguna West is the flesh on trians feel like an alien life form, unifor- thebones of a movement called, some- mity, social insularity-did not just what awkwardly, "neotraditionalism," happen: They are the inevitable prod- whose advocates hope to stop conven- ucts of the way these places were de- tional suburban development in its signed. course. Instead of being created as livable, Peter Calthorpe's California What they offer instead are commu- identifiable spaces, say the neotra- experiment: making a suburb that nities that are just that-communities ditionalists, post-war suburban devel- feels like a small town. with walkable tree-lined streets laid out opments were pieced together by de- m an easily remembered grid, Main velopers interested in financial safety, this. But in the past couple of years, it Street-style village centers made for public works agencies dedicated to has begun to listen. The issues that strolling and shopping, and a blend of moving automobiles around, and plan- Calthorpe, Duany and Plater-Zyberk housing that cuts through the social ners following codes that mandate raise are debated endlessly in planning uniformity of the standard tract devel- sprawl-in other words, a splintered circles and scrutinized intently in pro- opment. By creating communities with land use establishment incapable of fessional journals. Although there is still an old-fashioned sense of place, they worrying about what kind of places it a good bit of skepticism in the industry are hoping to ignite a revolution in the produced. Duany reserves particular itself, the neotraditionalists are busy way local government officials. from scorn for suburban zoning that calls for with more design requests than they ' county board members to public works unhindered traffic flow, plentiful park- can easily keep up with. engineers, see the work of building the ing, strict separation of industrial, com- Most strikingly, though, the neo- neighborhoods of the next century. mercial and residential plots of land, traditionalists have been gaining con- Led by Peter Calthorpe, the San and low building densities-that is, a verts among the very people who stand ' Francisco-based architect .vho de- good proportion of the codes on the most directly in the path of their fusil- signed Laguna «'est, and by the iii- books. "Suburbs' codes are their ge- lades--county and municipal planners, ami-based husband-and-wife team of netic makeup," he says, "and they have and even a few traffic engineers. "We've Andres Duany and Elizabeth Plater- produced monsters." designed neighborhoods that make it Zyberk, the neotradi- The development hard for anyone to walk anywhere or for tionalists have rooted establishment has nev- a child to do anything," says Mike their plans in a wide- BY ROB GURWITT er really liked hearing Stepner, San Diego's city architect. 36 GOVERNING November 1992 ~raEaSomphotoeraphs _..,..1 - • - been paying enough attention to Great- ing livable places." n see ~,•hat sets Laguna Rest apart, it helps to spend a mo- ment down the road. in a stan- ` dard subdivision called The Villas at t ~ ~ Laguna Creek. ' ~ • - _ _ _ The streets at The Villas are «~de ' _ - ~ and open to the hot Central Valley sun, _ - - tant - fam iar to any ho _ - ~ ins 1. it one w has _ . . _ - driven through a suburb built in the - - _ . past decade. They are lined by two = ~ rows of eyenh~ spaced garages and J broad driveways jutting to the street. ' The houses themselves, identical with ' _ their Spanish-style terra cotta roofs, squat behind. There is no focus to the sinuous roads that wind through the ; ~ development, and nowhere in particu- • ~ tar to go witl?in its bounds. Except for the roofs, which place it somewhere in the Sun Belt, The Villas could be any .r - subdivision in the country. Laguna West is going to be very dif- - _ _ - - ferent. You can tell that by looking at _ ~ '•r•. Legacy Park, one of the clusters of houses into which people have already moved. The streets are narrow and lined with young, fragile trees. The houses vary considerably in appear- ance. Some have one story, others have ~ two. There are wood facades - - and facades of stucco, at- tached garages and boxy, unattached ones that sit in back at the end of narrow "We got away from basic driveways. There are houses ' principles: In your neighbor- with front porches holding hood, you should be able to benches and hanging plants, walk around the block com- and all of the houses perch Portably and send your 10- close to each other and close year-old to the store for a loaf _ to the street. Though it is all of bread." too new to feel like aneigh- That does not mean that boyhood yet, there is already neotraditionalism is sweep- a tinge of intimacy about it. ing the ranks of municipal - At the same time, the heart land use officials like some _ - v_ ~ of Laguna West lies only marauding religion. No one - ~ partly in its residential even knows vet whether neotraditional the suburban design status quo, now streets: It is the common spaces-the communities will work: They have vet has a task force exploring ways to estab- town center and adjoining lake-that to prove they can attract either the re- lish neotraditional road standards. give it shape. When it is completely tail businesses or the mix of residents At the very least, there is a palpable built, probably around the end of the they need if they're to be what the sense among many local officials that decade, Laguna West's centerwill hold prophets say they can he. But the ideas they have been on the wrong track.for apartrnents, town houses, a town hall , are seeping into the public design lexi- the past few decades. "Government in with a gym and a library, a day care con. Calthorpe~s guidelines have been the land use area has completely failed facility, and, if all works well, retail adopted by several California commu- because it has forgotten what's impor- stores. The five neighborhoods of pities, Duany~s by whole counties in tant," says Dan Cary, the executive di- single-family homes, small, middling ' Florida. Even the Institute of Trans- rector of the Treasure Coast Planning and grand, will all he within ahalf- portation Engineers, Long a bastion of Council, north of Miami. "It has not mile-the outer edge of walking dis- GOVERNING November 1992 37 i tance-from the center. With its vil- remnant of pre-war San Diego itself. Neotraditionalism is, as much as any- lage green, small parks, path around The city and its en~~irons may be known thing, an attack on what indulging the the lake, avenues lined with trees and for their modern-dav sprawl, he says, automobile has wrought. "As a piece of ' old-fashioned lampposts, and streets but "there•s a lot of development that technolog}• tii~ith a mind of its own, per, that lead to the center of town, this is a occurred here in the '20s, '30s and even baps we should ask what the carwants,' community built to draw people out 'COs that embodies a lot of these poll- Calthorpe wrote last year. `"The car in into its shared spaces. cies: narrow streets; a grid system that all cases wants to go fast. Speed has That is what led Sue and Fred Shaw, works with the landscape; places where many implications for the built envi- both of whom work for Federal Ex- public transit works; places ~ti~th a mix ronment-it defines a street system press, to buy a house in Legacy Park; of densities." with few intersections and many lanes, they were the fourth family to do so. The point, says Mark Hinshaw, the it requires wide streets with soft sweep- , "We liked the idea that there will be a former urban designer for Bellevue, ing turns, it wants ever more freeways library and a town hall and a lake, and Washington, is that there is nothing and ever-larger parking areas." Above that our daughter can do a lot of walk- new about what Calthorpe, Duany and all, Calthorpe and others argue, it wants ing, kind of like when we were kids," others have been proposing. "We have streets designed for the convenience of says Sue Shaw. "We thought, `This is a many-hundred-year tradition of cars, not for walkers and bicyclists. going to be a community.' " knowing how cities are built and how There are, in fact, a host of perfectly That is precisely the sort of send- they work," he says. "We've had buried sound reasons to design suburban ~1 ment that Calthorpe and Duany hope in our memory the ability to build cities streets as they are. Curvilinear street to stir with their designs. Their work is well. We just haven't used it." patterns are thought to hew better to not identical. Calthorpe puts more em- You could pose the question of why the landscape than the more traditional phasis on planning for public transit, that should be to a roomful of planners grid. Cul-de-sacs arose because people calling his projects TODs-Transit- and still be discussing it at dawn the wanted them-and still do, since they Oriented Developments. Duany and following day. Certainly the develop- eliminate through-traffic. Wide curb Plater-Zyberk pour attention into ar- ment industry would come in for some radiuses-the angle at which a curb chitectural detail-the pitch of houses' blame. Many planners would agree turns acorner-are safer for fast-mov- ~ roofs, or the relation between the width with Robert Teska, a planning consult- ing cars than are tight ones. Wide of a street and the height of the build- • ~ ings that line it. ' But what the neotraditionalistsahare , is a dedication to using design-streets, - public squares and monuments, houses _ _ _ with front porches-to promote some ~ _ ~ _ _ _ K`" j basic ends. What they want are streets ~ ~ _ : _ ' that serve walkers as well as cars; public ~°J spaces that re-create the sense of com- ~ ~ ry , munity lost amid the shopping strips ~ ` ~ 1~ - ~ - ~ ~ 1 and six-lane arterials that Wing our cit- ~ + . ~ ~ Y'°. ~ l ~ ies; a range of housing types, from - single-family homes to apartments over stores, that integrates neotraditional communities along age and class lines. f much of that sounds familiar, it should. The neotraditionalist ideas are hardly new. Thts country s older cities embody them, and there is a rich ~ lode ofpre-war suburbs that inform the i. ` work of Calthorpe and Duany-street- Designing livable suburbs isn't a matter of invention. It's a matter of car suburbs such as Cleveland's Shaker remembering places like Shaker Heights, Ohio, built almost 100 years ago. Heights or Pittsburgh's Chatham Vil- lage, and suburbs designed to take ac- ant based in Evanston, Illinois, that the streets in residential neighborhoods count of automobiles but not to glorify industry "tends to operate more as a make it easier for large vehicles-fire them, such as Mariemont, outside Cin- herd than with an intellect that seeks to trucks, moving vans and the like-to cinnati, and Radburn, in Fairlawn, New serve the needs of residents." get around. Jersey. But Duany reserves his chief disdain But the heart of the neotraditionalist Indeed, San Diego's Mike Stepner forplanners.Hesaystheythinl:likeengi- critique is that design is not just an has found that in urging a turn toward needs. "Since the war," he says, "the engi- afterthought or a tool for moving traffic; neotraditionalism on his city's polio- needs have dominated urban planning. it is inextricable from the nature and clans, builders and citizens, one of his And they have a single focus: getting the quality of the lives people lead. Seen in best arguments has been the existing cars G.,... one place to another. that light, curvilinear streets make it 38 GOVERNING November 1992 PhotoRraput mnsrm oJTht Wurmr Rutn;r HirroncalSocien. Clesxtand, Obio 1 harder for people to orient themselves and offer them fewer routes to their destination. Sweeping curb radiuses, _ particularly when combined with broad intersections, give crossing the street r . the feel of an athletic event. ~'~'ide - _ streets maybe great for trucks, but they can be hell for pedestrians and bicy- ` • , clists and a curse for parents with small _ „ children. "Everyone after World War _ ~ - - " - II has had to comply with these in- = sanely wasteful standards," says ~ - ~ _ e: lr Hinshaw. "Is that what we want, for every street to be convenient for a fire truck or a moving truck? I think not." - ` It is no accident that the two states in ' which neotraditionalism has made the ~ ' '".•F= - mostinroads are California and Florida. ~ They aze the states that have grown the = - ' _ fastest in recent years, and the ones in - - _ which it is hardest to ignore the changes - growth has imposed on the fabric of everyday existence. - - - , For planners in those states, neo- - - traditionalism offers a path away from - 4 - the problems caused by sprawling de- - - velopment. It addresses traffc conges- ~ _ . _ ~ _ _ lion by placing shopping and other resi- Calth~orpe at work in his San )?~•ancisco office: °l'he classic suburban • dential services within a development, subdivision has become dysfunctional for families.' where people can walk to them; even - those who drive can avoid already con- ter. "Most of the villages that devel- "People aren't going to sign a waiver gested arterials. And Calthorpe offers oped here ui the 1800s did so because saying they'll disavow their normal the tantalizing possibility that of the railroad," Santell says. That made driving habits and become mild-man- neotraditional suburban villages might town centers the commercial and social nered commuters," says Zlotkowski. one day be linked up by mass transit, if hub of activity, and the county wants to And Angelides insisted that the streets they grow lazge enough. revive that role for them. "We're trying have tree-wells in them, albeit along ' "I like to call these things convertible to achieve a :sense of place and ofneigh- their edges; to a traffic engineer, that's communities," says Rob Sherry, Sacra- borhood,° hie explains. about as appropriate as ordering a mento County's principal planner. church to install an automatic teller "Congestion is a fact of life and it will s attractive as that sort ofthink- machine. Angelides won anyway. get worse. If we have built inthe oppor- ing may be to planners, putting In the end, though, they all came to tunny for transit to be successful, ratio- neoitraditional ideas into prat- terms; the next time, it will be easier. It nal people will come to it over time." lice is not going to be easy. Laguna was partly to make sure there is a next Outside California and Florida, the West came into existence only after time that Sherry and the planning de- planners who have shown the most in- tortuous negotiations among Cal- partment pushed for placing Cal- terest in neotraditionalism tend to be thorpe, Sacramento County's Rob thorpe's guidelines for "transit-oriented on the far metropolitan outskirts, where Sherry and developer Phil Angelides development" in the language of the growth has become an issue only in the on one side, and the countytransports- county's comprehensive plan. past decade or so. What they want is to tion division on the other. Because the fact is, around the coun- ~ avoid ever reaching the point that large The reason, essentially, was that do- try, neotraditional developments are stretches of California and Florida have ing what Calthorpe and Angelides usually either illegal or irregular. already reached. wanted required the county to fly with- General plans that call for separation Kane County, Illinois, which sits at out a map. "We had to revisit the way of uses, zoning codes that require the western edge of Chicago's subur- we conducted business," is how Tom houses to be set back and widely sepa- , ban ring, is in the process of developing 7lotkowski, the principal transportation rated, transportation standards that a new comprehensive plan. Guided by engineer, puts it. call for sweeping turns-all stand in a Robert Teska study, it wants to steer Where the county has five types of the way. "Even a sympathetic public growth in the county to existing villages streets in its standards, it had to de- works director will be nervous about and hamlets. And it wants to do so, says velop about a dozen for Laguna West. approving unusual street designs that Planning Director Sam Santell, in a Corners were tighter than many of the don't appear in any of the standard sanc- way that preserves its historic chazac- engineers felt comfortable with- tinning sources," says Walter Kulash, i Dente Soar pioroR,np6 GOVERNING November 1992 39 ~ ~ an Orlando-based traffic engineer. wen so, the neotraditionalmove- ideas. "I've had several developers The reason is that without that stand- ment has a long way to go to come up to me over time," Sherry re- ard backup, communities may find dethrone the post-war planning ports, "and say, `Rob, I think you've got themselves liable in court for any acci- orthodoxy in most of the country. The a great idea here and I'll sign up to be dents. reason is simple: For all the debate it the fourth guy to do it. But don't make Change is coming, but it will prob- has occasioned, there's very little hard me be the first.' " ably be slow. A task force of transports- evidence about whether it will work. The hardest part may be getting com- tion engineers, on which Kulash sits, is The first neotraditional development, mercial tenants to buy into neo- looking for ways to sanction neo- Duany's Seaside, in Florida, has be- traditional town centers-where the traditional designs. The effort may take come more of a resort than aneighbor- stores aren't evident to traffic flowing several years, though-as Kulash says, hood-only a handful of families actu- by on an arterial highway, and where "there is no clear-cut technical disci- ally live there year-round. Other huge parking lots are out of the ques- pline that deals with the design of liv- projects have been hurt by the reces- tion. Laguna West still hasn't gotten an able streets." sion: Duany's first fully realized sub- anchor retailer, such as a supermarket, Both Duany and Calthorpe have urb, Kentlands, in Gaithersburg, Mary- to commit to its village center. drawn up guidelines to become part of land, was taken over by the bank, al- The problem, essentially, is that in a county and municipal land use codes. though its homes have been selling commercial market that seems to be Calthorpe's were adopted this year by well. Laguna West came on line at the moving inexorably toward bigger stores Sacramento County and San Diego; worst possible time, and is doing about and chain outlets, retailers aren't con- Duany's have become part of Dade as well as any other development in the winced that Laguna West-or neo- County's planning code and also are recession-hit California market. traditional developments in general- ; guiding Loudoun County, Virginia, in What this means is that no one is will generate enough customers from its plans for development. In New Jer- quite sure how the new developments inside, or allow outsiders the easy ac- sey, the notion that development will perfonTrr in the marketplace. It is a cess they feel they need. "I don't have a should create places with an identity crucial test. Bankers and developers hard and fast rule that X number of and a sense of community undergirds a are not celebrated risk takers, and bodies have to pass in front for a store to new statewide land use plan that was they are the people who in the end will work," says David McKie, an analyst passed this summer. have to carry out the neotraditionalists' with the commercial development firm r 40 GOVERNING November 1992 I ~ of Robert C. Powell Companies, in Sac- have to wait until there are enough "There are a lot of planners who have ramento, `but there's so much compe- people living in these places to support leaped on the bandwagon of neo- tition for the retail dollar that even a it. That may only be a matter of time. traditionalism as a vindication for all well-known store, if it's out of the pub- We tend in this country to measure our the ideas they developed in school that lic eye, won't get its share of custom- national moods by exploiting them Americans need to be forced to live a ers." commercially, and a lot of people- different way than they want to live," Rob Sherry, on the other hand, ar- even in the hard-bitten world of market says Dennis McClendon, the design goes that the main problem for retailers analysts-are convinced that Ameri- director for the American Plasuring As- issimply that neotraditional planning is cans' hunger for "community" will help sociation. "But it's a leap to say that if asking them to try something new. the neotraditional projects. "We want you give people a place to walk, they "There's a very recognizable formula to get back to how Grandpa lived," says will walk. And it's a bigger leap to say if for shopping centers," he says. "They John Schleimer, a Sacramento devel- you give them porches, they'll sit on know exactly what the formula will be opment ananyst. "We want to be able to them and talk to their neighbors. for square footage, they know exactly walk to work, and we want to have our Americans just don't form community how many parking spaces they need, neighbors again. We don't have our based on propinquity any longer." they've got a list of the kinds of satellite neighbors now." On the other hand, a growing num- tenants they want in that pad out at the Certainly that's what the marketing ber of municipa~I planners and even corner. But we're talking about some- of Laguna West is counting on. The developers are betting that they will, if thing different. The real art here is to promotional video that prospective given a chance. Says San Diego's Mike work with commercial developers to home buyers see ends with avoice- Stepner, "I don't want to sound like a - allow them to create a product they can over of television's Mr. Rogers croon- true believer who hays suddenly discov- sell, but cause it to be changed in such ing his trademark, "Please, won't you ered the latest planning religion that away that it doesn't run contrary to the be my neighbor?" is the answer to all our questions. It's TOD concept. I don't think that's im- It is entirely possible that the not. But it does bring together a lot of possible." neotraditionalists are wrong, that in the planning issues, and it has forced us to In the end, the retail side-which is, end they will not be able to influence take a hard look at what we've been after all, crucial to the notion of a behavior by design. Certainly, a lot of doing. The time has come to begin ex walkable community-will probably well-informed people are skeptical. ploring." r GOVERNING November 1992 41 ' visie~aaries su~ur~ia ~it~.aut sprawl y, ; s. a.. By Join Kind • ~ - AMERICANS FLOCKED TO THE SUBURBS IN THE ~ 'r+ F` •5: years following World War II, racing to es- _ _'nw cape the crowded city streets. Tract after ~ tract of residential development sprawled the countryside-a freeway drive away ~ ~ .r _ from commerce, away from manufactur- u~' ~i I cng, away from each other. Millcons of _ people in the middle class made the move 'J 7d"";, - - to that detached home with its manicured ~•r-1v yard. It was the American dream. But Pe- ~i ter Calthorpe thinks it's time for a change. Calthorpe aims to rein in suburban sprawl. Instead of building enclaves dedi- ~•s Gated to segregation-segregation by in- come level, segregation by age, segregation ~ ~ of work from home and of home from sho In -this fort -ear-old Sausalito PP • g Y Y :...:r> architect wants to blend things in a way that strengthens each element. For nearly a decade, he has touted what he calls "pe- - destrian pockets," where new housing is clustered around mass transit and neigh- borhood stores the way it was in the late nineteenth and early twentieth centuries. Simply put, Calthorpe wants to redesign the American dream. Peu~ Calthorpe Lofty ambitions for a man who dropped out of graduate school envisions a new at Yale, got his start designing houses, and now lives on a small American dream: houseboat with an outdoor Jacuzzi. But Calthorpe is hopeful suburbs without that people want more out of suburbia sprawl' than vaulted ceilings and bathroom suites. .,..y~'. "Cynics say the way things are is an ex- pression, through the marketplace, of how rC~ l test Peter } people are," he says. don't believe that. CQ~t~or~e Sall. S tfZe - People don't want to lead isolated lives. 1 They just haven't been given an outlet for f utur6 Of SL[~urt~QYl anything else." a One Northern California outlet-and grOwt~t ~ieS In ta~ing A model for Duna West, the first big test of Calthorpe's ideas-is o Calrltorpe's Saoamenco project. Laguna West, an 800-acre project south of Q tl~J f rOYYI t{'te ~7QSt. , Sacramento. Laguna West will contain 3350 housing units, 110 ~ acres of open space, a "town center" of shops and offices, and a ~ y "village green" with day care, a library, ball fields, and play areas, u ' plus a town hall-like community center. Site work began last ~ spring, and half the lots are already sold. The project is slated to W be finished in 1994. a Z6 SAN F0.ANCtSCO FOCUS "This is not some upscale, precious, lines allowed commuters to leave the thought." trendy development," Calthorpe cry behind, but the automobile as mass Aself-described child of-the sixties, points out. "Sacramento's astraight- transit did not yet exist. Then, train Calthorpe coauthored a book on geo- ahead, middle-American kind of place. stations would be built every few miles, desic domes when he was twenty. He If the pockets work here, they'll play in with houses all within quarter-mile remains a disciple of Buckminster Peoria." Or in Florida or Washington. walkingdistance,andretaildiscrictsand Fuller, who argued that everything Calthorpe's San Francisco-based firm often a factory or rwo situated by the must be studied for how :t plugs into is currently working on pocket projects stations. larger systems. Discussing his pocket in those states and nationwide that to- "People have calked about these theory in the abstract, Calthorpe tai forty thousand acres and may ideas for decades," Calthorpe admits. sees it as a way to transform develop- someday house a quarter of a million "All that's new about pedestrian pock- ment into something constructive, so- people. ets is that we're designing them so they cially as well as environmentally. Laguna West typifies the concept. can be assimilated today." Laguna West stared life as the final At the project's hub, 1500 apartments As part of that design, Calthorpe's phase of the eight-thousand-acre La- and townhouses, and 1850 single-fam- 1989 informational pamphlet explains, guna Creek, a basic suburban tract with ily homes frame the commercial area "The Pedestrian Pocket is a concept for big homes on fairly big lots, roads that ' and the village green. Apartments some new growth; it is not intended to wind absently past a processian of cul (from one to three bedrooms) would displace urban renewal efforts, and it de sacs, and the occasional retail shop- probably range from $500 to $1000 a will certainly not totally eclipse subur- ping scrip. While Laguna Creek made month. Townhouses would go for ban sprawl. It will, however, extend money for partners AKT Develop- $125,00 to $150,000, and production the range of choices available co the ments, River West Developments, and ~ homes would cost between $155,000 family buying a home, the business Lexington Homes, it also contributed and $250,000. seeking relocation, the environmental- to the sprawl that gives Sacramento a A large artificial lake occupies much ist hoping to preserve open space, and serious air-pollution problem. of the development's open space. Also the existing community attempting to By the time the last phase was ready planned is a light-rail stop that, like balance the benefits and liabilities of to start, Sacramento environmentalists the shops, would be no fatther than growth:' were lobbying developers to change two thousand feet from any of the "He's an idealistic guy on a mission their ways and build housing adjacent higher-density units. In the detached right now," says friend and colleague to mass transit lines (existing or housing area, the streets, which lead to Doug Kelbaugh, chair of the Univer- planned) and stay away from farmland. the town center, are narrow and siry of Washington's department of ar- They caught the interest of River West shaded, partly to evoke Sacramento's chitecture. "Peter is a utopian at heart, developer Phil Angelides, a former heritage and partly to slow down auto- but pedestrian porkets aren't too uto- housing aide to Jerry Brown. Angelides mobiles. pian. He's hit the nail on the head:' asked for names of planners, held a Calthorpe's approach is nothing At speeches where he tries to sell his competition, and selected Calthorpe " new; American planners and social vision, Calthorpe is witty, lucid, and to design the final phase. theorists have expounded such ideas, persuasive, sounding at once fervent Calthorpe calls Laguna West "a hy- without success, almost since the exo- and practical. Dressed usually in black, ~ brid, a blend of old-town qualities with us to the suburbs began. The differ- or in fashionably baggy gray trousers, the needs of modern lives and busi- ence is that Peter Calthorpe may make and sporting hip round glasses, he will nesses. If Laguna West is successful, it happen. harangue audiences on the negatives of more opportunities will arise. And they suburban sprawl: people spend more of can be met in a way that's more ambi- UNTIL AYEAR OR SO AGO, PETER CAL- their disposable income on cars than tious." ' thotpe was virtually unknown outside a food, for example, and fully 40 percent Calthorpe's knack is that he presents small coterie of fellow architects. of automobile trips now are from sub- his ideas so they sound pragmatic, not While a state employee during the sev- urb to suburb, while only 20 percent just idealistic. "He still has his verve, envies, he gained some attention for his are from suburb to city. And despite and he still has his principles," says work on passive solar energy, but that the limitless vanity of suburban tracts, David Mogavero, past president of the sensibility fell from public favor in the where turrets and three-car garages Environmental Council of Sacra- eighties. In the tradition of countless make new homes look as if they're mento and a longtime friend. "How would-be visionaries before him, Cal- pumped up with steroids, society isn't he's changed in the past decade is thorpe retreated to academra, where he being served~nly 27 percent of the there's more of a willingness co tom caught design courses at UC Berkeley new households in the eighties con- promise. He realizes you have to do as and wrote the occasional article. sisted of married couples. The remain- much as you can right now-to get the Increasingly, those articles dealt not der were single adults (mostly the el- train out of the station, and begin hav- with solar energy, but with his vision of derly) and single parents. So who needs ing an impact." tight clusters of development where the space? "I don't think of Peter as an aca- retail space and offices would mix with "The notion of creating real places is demic. He has a practical side to him," a variety of residentiai units. the challenge of the nineties," he in- agrees Peter Kanavos, president of Flag The vision hearkens back to the late siscs. "The whole structure of our sub- Development Company, which has nineteenth century, when railroad urban environment has to be re- hired Calthorpe to plan an immense new ten thousand-acre town in Flor- gescs that Van der Ryn was mote phi- either rail or bus lines: "Light rail lines ida. "This is the most chic topic in losopher than businessman, while Van are not going to skip into open terri- planning circles today, but few archi- der Rvn says of Calthorpe, "I respected Cory. I don't think that inherent in this tests grasp what it takes to apply the his intelligence and ability, but fond is a Trojan Horse of sprawl at all." idea to real life." him a difficult person to work wick.... Even so, most of his work so far is on Peter has definitely shifted into plan- a grand scale and on virgin land. BORN IN ENGLAND BUT RAISED !N PALO Wing, which is his stronger skill. I'm The largest project is in Florida, Alto, Calthorpe's life has revolved more interested in environmental where Flag Development has Cal- around planning and architecture architecture, green architecture." thorpe designing a ten thousand-acre since he was an adolescent. Van der Ryn also suggests that much community near Tampa. The project "From Skyline Boulevard 1 could of the pedestrian pocket concept is an (still in the permit process) consists of look into Silicon Valley and see the outgrowth of their work on the solar six villages-each with a different fo- pollution," Calthorpe recalls. "I felt village. "His basic shift was from con- sus-twenty thousand units of hous- sprawl was really destructive to the en- tern for energy to concern about con- ing, and four thousand acres of pre- vironment. Ialso had an ongoing no- gestion, convenience, and wasteful served wetlands. Eventually it would tion that an environmentally benign land use," Van der Ryn says. "The tea- include major employers and shopping society would be socially robust." son for his success, I think, is a combi- complexes. After obtaining his undergraduate nation of persistence and luck. There's Flag also has a project under way degree at ultraliberal Antioch College nothing new about the issues, and not near Orlando with planners Andres in Ohio, he entered a graduate program much new about the solutions." Duany and Elizabeth Plater-Zyberk. _ in architecture at Yale in 1973, when Even more than Caltharpe, the couple academic postmodernism was gaining A MORE SUBSTANTIVE CRITICISM of are the center of the push coward what strength. "Here I was, a renegade of the Calthorpe's theories is that they're just they call "neo-traditional develop- sixties, confronted by the worst of the an elegant way of packaging sprawl. In ment." Calthorpe may have received East Coast architectural establish- other words, developers will use the favorable press from Progressive Archi- ment," says Calthorpe. "Architecture buzzwords as a way to legitimize busi- tecture and U.S. News and World Re- was seen as packaging and marketing, Hess as usual. They'll still be pouring port. but Duany and Plater-Zybesk not as what it is-the vessel of our so- homes and shopping centers over land made People. Their most famous proj- cial and technological structure." The that shouldn't be touched. ect is Seaside, an elegant resort village conflict eventually caused him to drop "We've seen some of that," admits on Florida's Gulf Coast where foot- , out eighteen months later. Robert Sherry, a principal planner for paths and front porches are empha- He headed back to California-sans the city of Sacramento. "Developers sized, not the garage or backyard. graduate de~.;.~ ,:nd found work first will pull out a few select components, According to Peter Kanavos, Flag's at the Farallones Institute, a research maybe landscape a bus stop, and say president, the difference in styles is center with organic leanings founded 'Hey, I've got a pedestrian pocket.' " that "Andres tends to be a little more by Sim Van der Ryn, a highly regarded Some environmentalists support the purist, defining everything down to the designer. When Van der Ryn was ap- pedesaian pocket concept as a way co last detail. Peter has a little more flexi- pointed California State Architect plug holes in places like Oakland and biliry. He's more in tune with public during Jerry Brown's first term, Cal- San Francisco. Beyond that, they're transportation issues and pays more at- thorpe worked as a junior architect in skeptical. tention to retail and how it fits in:' ~r the state Office of Planning and Re- "He's making the case that one The University of Washington's search, specializing in solar design should have concentrated develop- Doug Kelbaugh compares the two in a work. ment around transportation hubs, and different way. "Duany and Plater- Van der Ryn and Calthorpe left Sac- that's beneficial," says Larry Orman, Zyberk are coming from the right. r' ramento in 1978 to set up their own executive director of the Greenbelt Peter's coming from the left." Kel- in Inverness in Marin Count . Alliance an active o Went of subur- Baugh feels that many of the Duany~ shop y pPo They joined the debate over how to use ban sprawl. "It's a particular idea chat Plater-Zyberk towns will be pitched to the old Hamilton Air Force base and on a few sites makes sense." wealthy buyers. "Calthorpe wants to _ proposed a development based on sus- Daniel Solomon, a San Francisco have mass impact," he says. tainability. In what they called the architect who has worked with Cal- Marin Solar Village, tracts of land thorpe on the pocket concept, agrees oNE wAY To HAVE MASS IMPACT Is would be devoted to agriculture, en- that there are dangers. "Pedestrian through big projects. The other is ergy production, and organic sewage pockets should be used as infill, to re- through government, to lay down the treatment facilities. But the idea was claim suburban areas," such as out-of- rules that developers must fallow. Cal- defeated narrowly in a countywide date strip shopping centers, Solomon thorpe is doing both in Sacramento. election and by one vote at a county says. "If it becomes an incentive to Besides executing a numbec of private supervisors' commission meeting. leapfrog over underdeveloped land, commissions in the city, his firm drew Calthorpe and Van der Ryn parted that's a serious negative." up a new housing classification for Sac- - ways two years after the Solar Village Calthorpe bristles at such notions, tamento County's general plan: Tran- idea died. Neither man talks much pointing out that the core of his idea is sit Oriented Development. about the dissolution: Calthorpe sug- that communities must grow up around While TODs may sound arcane, they'll have profound impact: some for of the Marin Conservanon Leaeue. growth would be allowed co expand out "f don't believe he's looked at the of the urban core, but only along Gran- broad picture, frankh~." sit routes-and only if there's a mix of "Much of the development he's pro- housing types, from low-cost apart:- posed in Marin is wrong," claims Van ments to single-family houses. Consid- der Rvn. "It sits on wetlands and ering that the county population of floodplatns and should remain marsh- one million is expected to grow more land." than 50 percent in the next twenty Calthorpe, to put is mildly, disagrees years, Calthorpe's revisions could have with "myopic well-intentioned envi- enormous influence if they're adopted. ronmentalists.... To them, the only But if Calthorpe is reshaping the answer is no growth at all." The prob- landscape to the east-and to the lem with such a view, he claims, is that ~ north in Washington, where his finn development doesn't go away. It just has three projects, including a 6000- spurts out somewhere else, as in Son- home developmencsouth ofTacoma- oma to the north, necessitating longer his effect on the Bay Area so far is commutes. minimal. He is currently involved in a The most important critics of all will 550-unit project in Brentwood and is soon have their say. At Laguna West, also doing planning work for San Jose. homebuyers will show whether there is Still, these jobs pale next to Laguna a market in the suburbs for dense, city- - West or TODs. like communities, whether people real- Calthorpe says he would love to ly have missed front porches all these tackle the suburban land around years, and whether they'd just as soon BART stations. He's also interested in walk as drive to the local store. Sonoma, where the county may soon After all, there are solid reasons for purchase a railroad right-of-way. H;e why suburbia has plowed ahead these doubts, however, that he'll get the past forty years, impervious to all criti- chance soon. cism. Tens of millions of Americans "I've resigned myself to the fact thaat define success as afree-standing home, the Bay Area is not where innovation and define freedom as the ability to roll will happen," Calthorpe says. "Anti- their car out of the driveway whenever growth forces are very entrencheci. they wane. Home isn't a castle; it's a That entrenchment may be well de- haven from the real world, from every served because of past battles, but it chance encounter that might bring mitigates against creative solutions. annoyance. People aren't looking for common Certainly, hundreds of thousands of ground; they're drawing lines to do suburban kids moved back to cities in battle in court." the seventies and eighties-but mil- One reason for skepticism lies in lions remained behind, perfectly con- Calthorpe's home court, Marin tent. If there's unrest now, what an- County. Back in 1984, Calthotpe used noys people may not be sterility or a National Endowment for the Arts sameness, but rather the fact that they grant to draw up plans for a series of can't shoot across town anymore with- pedestrian pockets for an abandoned out hitting traffic. rail line between Santa Rosa and Larlic- In this light, Calthorpe's achieve- spur. Four such pockets, he wrote at the ment is astounding: he has convinced time, would accommodate fifteen years developers that a profitable number of of projected residential growth. suburbanites will trade some of their Despite support from several trans- splendid isolation for the old-fashioned _ portation planners, the reception was joys of small yards and short walks. frosty. It still is. Environmentalists say And that they'll even pay good money Marin is' already overbuilt, even for a townhouse just yards away from though 42 percent of the county is apartments and shopping. publicly owned open space. If there "You can be angry about the way should be more growth, they argue, it things are, and rage against it, but until should be incremental, within existing you offer aitematives you aren't doing downtowns. much." Calthorpe shrugs. "My mission Pedestrian pockets "aren't terribly is to present viable alternatives. After practical as our county is set up today," that, I have to trust the basic intelli- says Karin Urquhart, executive direc- Bence of our culture." • OPINION r ' 1 ~he sacr~~mento Bee Locally owned and edited for 132 years JAMES McCLATCHY, edits, 1857-1883 C.K. MCCLATCHY, editor, f974-1989 C.K. MCCLATCHY, editor, president, 1883-1936 GREGORY E. FAVRE, executive edits WALTER P, JONES, editor, 1936-1974 PETER SCHRAG, editorial page edits ELEANOR McCLATCHY, president, 1936-1978 FRANK R. J. WHITTAKER, general manager A suburb for eo le, not cars ~ p ' i l w w w raifric lams and dirty air have soured parks, and or cu -de-sacs ith elk ays - California's affection for the automo- that cut through to the next block. bile. Reducing auto trips has become an im- Because the population density of the de- perative of policymaking at the state Capl- velopment will be concentrated near the tol and local government chambers around town center, most of the residents and work- the state. But how to curb auto use in a state ers will be within easy walking~dlstance of a where most of the jobs and housing are be- planned transit stop -for buses, downtown ing created in suburbs, places notoriously commuter express buses and, perhaps one auto-dependent? ?he new community pro- day, light rail -and of neighborhood stores posed for west Laguna Creek may be part of and services. The hoped-foL result is a com- theanswer. munity where residents and visitors don't AKT Developments and~River West Devel- automatically have to climb in a car to buy a opments -are asking the county to let them loaf of bread, rent a video. take a kid to gym• Junk their plans for a traditional suburb on nastlcs class or go to work. 800 acres In Laguna in savor of an imagine- y the standards of conventional subur- L, five townlike development designed by Pe- ban planning, the proposal for west La- ter Calthorpe, a Bay Area architect and guns Creek looks like a departure. But the planner. The proposal breaks many of the ideas behind the plan are hardly radical; the accepted rules of California suburban Bevel- designs echo the best attributes of the towns opment. Instead of rigidly separating the and graceful residential neighborhoods built land uses of a typlcalsuburb -single family in pre-World War, II AmerflCa. All over the -homes, neighborhood stores, office build- country, home buyers are fiocking• to those fags, apartments the plan concentrates places, paying a premium for older homes them around a • town center. which has .a in places where they are close to work, shop- community center and' a park. Instead of ping and recreation. The plan for west.Lagu• building all of the houses in mazelike "vii- na Creek is,an exciting sign that developers, lages" that have no through streets for autos after four decade's of building dull, auto- or pedestrians, !t calls for streets that- lead bound suburbs, are hearing the message. toward the town center, the schools and County officials should hear lt, too. -Forum 4 The Secnmsnto gee • Suadaq, August 2T,19tl8 ~'-.3-153 CJ:~4`y c12 930 47F=0 r.ERZCG i-+EIfJE C:cD~iLD P.:;c July 13. 1993 Town Council 75 South Frontage Road, West VaU, Colorado 81657 Qentlernen: . I am writing to support Jack Varga and his dynamic solution to the complex problems Vail is facing today. Over the pESt twenty years as a homeowner my family and I have watched Veil's profound growth and have, unfortunately, else experienced first had some of its pmblema. Vail seems to be choking on its own growth. Last summer my husband and I happened upon a display of Mr. Verge's work in the Vail Library. While we have not met Mr. Varga as yet, we see in his project a vision that will address the significant problems of traffic, housing and open space. As a landscape architect I am both humbled and proud of the fact that, while architects are trained to design the physical plants we live and work in, the landscape architect i8 uniquely trained to determine and respond to the needs of the people and to produce satisfying results by way of aesthetically pleasing practical solutions. It is my hope that Y4y, will fund the feasibility study needed to begin this project and thereby establish the parameters by whfch it may continue. In so doing you will ensure that the best interests of the people will prevail, Change is an everlasting force - it is not only an integral part of life, but like air and water, it seeps through the cracks and happens regardless of any attempt to stop it. It remains then far all of us to face change with an open heart and find ways to harness its power so that change becomes a benefit for ~1 Si rely, ~ ~ o~ Catherine DaPonte CD/dc 'PERMITS' TM for P.C.'s AGREEMENT BETWEEN Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and Town of Vail. Colorado hereinafter referred to as User. EYecuted this _ day of , 1993. User must execute this agreement and return to SCSI by Aueust 1. 1993 to be valid. RECITALS SCSI provides "SOFTWARE MAINTENANCE" for the product listed below. Software maintenance provides both software update service and software problem resolution service up to four (4) hours. While there is no charge for updates while under monthly maintenance agreement, substantial product enhancements may carry a nominal charge. Customer Town of Vail Product Name 'PERMITS' Address Building Department SCSI Reference No : PC930134 75 Soulh Frontage Road Release No 2.3 City/Sta[e/Zip Vail, Colorado 91657 No. of Licenses 8 Fee $ 1,900.00 TERMS AND CONDITIONS OF AGREEMENT BETWEEN SCSI AND USER GENERAL CONDITIONS OF'PERMITS' SOFTWARE MAINTENANCE A1.00. HEADINGS. Headings are for convenience only and its estimated duration, within five (5) days of the time the party shall not be deemed to be part of this Agreement. has actual knowledge of such delay. A2.00. MODIFICATION. No modification orvariation of this .02. Notwithstanding the fore-going, in every case, the Agreement shall be valid unless in writing signed by both parties. delay or failure to perform must be beyond the control, and without the fault or negligence of, the party claiming excusable A3.00. SEVERABILITY. If any provision of this Agreement delay. shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby. Any AS.00. STATEMENT OF WORK. illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have the broadest scope .Ol. SCSI agrees to perform software problem resolution permissible under the law of said jurisdiction, and if no validating service and software update service. While there is no charge for construction impossible, shall be severable, and all other updates while under this monthly maintenance agreement, provisions hereof shall remain in full force and effect. substantial product enhancements will be offered under a separate Agreement. A4.00. DELAYS. .02. This Agreement represents the full and complete .Ol. Neither party shall be liable, in damages or otherwise, understanding of every kind or nature whatsoever between the for any delay in the service to be rendered hereunder, or for parties hereto and all preliminary negotiations and agreements of failure to give notice of any delay, when such delay is due to the whatsoever kind or nature are merged herein. No verbal elements, acts of nature, acts of civil or military authorities, acts agreement or implied covenant shall be held to vary the provisions of other party which are not provided for in this Agreement and hereof. Any modification of this Agreement will be effective only which cause unreasonable delays in this Agreement by the other by written execution signed by both User and SCSI. party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or any other .03. SCSI shall provide User with a reasonable amount of causes beyond the reasonable or actual control of the party. Each consultation by telephone to assist the User in software problem party's schedule of performance shall be extended by a period of resolution, during SCSI's normal working hours (40 hours/week). time equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and 1 USER SCSI Iv .04. SCSI shall provide User with remedial maintenance of reimburse SCSI therefore upon receipt by User of proof of software to substantially conform the software to SCSI's published payment acceptable to User. program specification for that release level of software identified in the most current release. SCSI shall, within a reasonable time .05. Total payment for software problem resolution service period, supply computer program code to correct any reproducible and software enhancements under the terms of this Agreement error provided that SCSI's diagnostics indicate that such shall not exceed $ 1.900.00 txr vear. non-conformity or error was in existence during the subscrip[ion period or during the initial Warranty Period extended to the User A7.00. RELATIONSHIP OF PARTIES. in the purchase agreement for SCSI software. .Ol. At all times during the term of this Agreement, SCSI .05. Suspected error conditions will be investigated and shall be an independent contractor and shall not be an officer, corrected by SCSI personnel at SCSI's offices to the extent agent, or employee of User. User shall have the right to control possible. Onsite corrections shall beat the exclusive judgement of SCSI only insofar as the result of SCSI services rendered pursuant SCSI at no additional cost to the User. User may, however, to this Agreement. request that SCSI conduct such investigations and travel to the location of the User at the User's request; User will pay SCSI for .02. Nothing contained in this Agreement shall be deemed reasonable travel and subsistence expenses. If SCSI, in its to create a partnership or joint venture. Neither party shall incur reasonable judgment, determines that the suspected error any debts or make commitments for the other party. condition was attributable to a cause other than an error in SCSI's software or an enhancement by SCSI, the User will pay for SCSI's A8.00. SYSTEM SECURITY AND ACCESS. efforts on a time and materials basis. .Ol. Each party acknowledges that all information .06. SCSI may provide the User with unsolicited error concerning the other party is "Confidential and Proprietary corrections or changes to the software, without additional charge, Information". Each party agrees that it will not permit the which SCSI determines are necessary for proper operation of its duplication, use or disclosure of any such Confidential and software, and User shall incorporate these corrections or changes Proprietary Information to any person (other than its own into the software within 180 days of release by SCSI. SCSI will employee who must have such information for the performance of provide all documentation changes necessary as a result of changes obligations under this Agreement), unless authorized in writing by to the software. the other party. .07. SCSI will provide User all enhancements released by .02. No information, reports, documents or any other SCSI as standard enhancements, and which are generally made materials given to or prepared by SCSI, or to which SCSI has available to other users purchasing comparable software during access by reason of Agreement, shall be made available to any the term of this Agreement. individual or organization other than User or User's employees without the prior written approval of the User. A6.00. TERM OF AGREEMENT. .03. All financial, statistical, personnel, technical, and .Ol. The term of this Agreement shall commence on the other information or data relating to the User, which is designated 120th day after purchase and shall terminate on the following 30th confidential by the User but made available to SCSI in order to day of June. Thereafter, the Agreement may be renewed on a carry out this Agreement, will be protected by SCSI from yearly basis on July 1st of each year, if mutually agreed upon by unauthorized use and disclosure. SCSI shall also observe the same both parties. or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI shall instruct its .02. Payment for software maintenance services must be personnel to keep such information confidential. SCSI shall not paid yearly in advance. A late charge equal to 10% of the total be required to keep confidential any data or information which is invoice amount, will be applied to any invoice not paid within or becomes publicly available. thirty (30) days of the invoice date. User may not skip any period and then resubscribe to User support at a later date without A9.00. HOLD HARMLESS CLAUSE. paying the fees missed. No refunds will be paid for unused support for Users who terminate support. .Ol. During the subscription period SCSI will use its best efforts to maintain the software free of defects and imperfections .03.Customprogramming/consultingoradditionalsoftware that would prevent the software from performing according to the problem resolution service, will be billed in addition to yearly original or then prevailing specifications set forth in SCSI's software maintenance and will be billed at SCSI prevailing rate. published material. Except for any express warranty contained These services will be covered under a separate Agreement. herein, SCSI makes no warranty of any kind whatsoever, either Unused support hours for the yearly period are non-refundable express or implied, including without limitation, and express or and not transferable. implied warranties of merchantability and/or fitness for a particular purpose. The express warrant and exclusive remedy .04. Exclusive, however, of taxes based on the income of stated herein is in lieu of all liabilities or obligations of SCSI for SCSI, which taxes shall be paid by SCSI, User agrees to pay any damages arising out of or in connection with the delivery, use, or tax for which it is responsible hereunder, or which is assessed performance of the software or breach by SCSI of any term of this against User directly, and, if any such tax is paid by SCSI, to Agreement. In no event shall SCSI have any obligation or liability 2 USER SCS! 1 for damages, whether direct, incidental, consequential, or of any A12.00. WARRANTIES. SCSI warrants and represents that other nature whatsoever, even if SCSI has been advised of the it has full authority to enter into this Agreement and to possibility of such damages. consummate the transaction contemplated hereby and that this Agreement is not in conflict with any other agreement to which A10.00. USERS INSTRUC'T'ION. SCSI is a party or by which it may be bound. .Ol. SCSI shall be responsible for ensuring that its A13.00. TERMINATION. employees, servants, and agents will, whenever on User's premises, obey all reasonable instructions and directions issued by User. .Ol. This Agreement automatically terminates on June 30th each year, and is subject to renewal only if mutually agreed . .02. Unless otherwise agreed by the parties, SCSI upon. personnel, while working on User's premises, shall observe the working hours, working rules and holiday schedules of User A14.00. WAIVER. applicable to such User premises. User agrees to provide reasonable working space, resources and materials which are .Ol. It is expressly understood and agreed that no waiver necessary for the performance of services under this Agreement, granted by the User for any violation of any covenant, term or provided, however, that such working space, resources and/or condition of this Agreement shall be construed to constitute a materials are agreed upon by User for such services and the use waiver of the same of any further violation without the prior of any such working space, resources and/or materials is arranged written approval of the User. so as to minimize any disruption to User's normal business operations. A15.00. ASSIGNMENT AND DELEGATION. .03. User agrees that all enhancements provided by SCSI .Ol. Neither party shall assign, sublet or transfer any shall be the exclusive properly of SCSI pursuant to the previous interest in or duty under this Agreement without the written SCSI Software License Agreement. consent of the other, and no assignment shall be of any force or effect whatsoever unless and until the other parry shall have so .04. User will be responsible for maintaining the computer consented in writing. hardware, communications equipment, telephone lines, cabling, modems, and all other hardware equipment. User will make A16.00. RESOLUTION OF DISPUTES. available computer time for the testing and maintenance of software. User will make available all necessary supplies such as .Ol. It is anticipated that disputes between SCSI and the paper, magnetic tape, and disk packs. User will be resolved between the parries. The parties agree that in attempting to resolve disputes they will act promptly, .05. Software service requires the installation by the User reasonably, and in good faith. of any Bell 212-compatible antoanswer 1200 baud (minimum) modem, at User expense. This device will permit SCSI to effect A17.00. NOTICE. All notices, requests, demands and other software diagnostics, changes, and corrections from a remote communication shall be in writing and sent by registered mail, location, when appropriate. certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in .06. Maintenance service is provided during SCSI's normal writing, direct that future notices, requests, or demands be sent to forty (40) hour work week. Cerlain critical conditions may exist a different address. Notices given by personal delivery shall be which require work outside these hours, and SCSI will make a best deemed given at the time of actual delivery. effort to respond. However, SCSI reserves the right to provide a price quotation and estimate of time for service requested by the SCSI Sierra Computer Systems, Inc. User which requires substantial work outside SCSI's normal 2378 West Whitendale Avenue working hours. Visalia, California 93277 A11.00. COMPLIANCE WITH LAWS. USER Town of Vail Building Deparlment .Ol. SCSI agrees to comply with all laws, regulations, rules 75 South Frontage Road and guidelines of the Federal, State and Local jurisdictions and Vail, Colorado 81657 any agency thereof governing SCSI and its operations. User hereby acknowledges that User has read this Agreement .02. This Agreement shall be governed and construed understands it and agrees to be bound by its terms and conditions. under the laws of the State of California. Any action to enforce User further agrees that it is the complete and exclusive the provisions of this Agreement shall be tiled in a court located Agreement between User and SCSI relating to the subject matter in Colorado. of this Agreement. User acknowledges receipt from SCSI of a true copy of this Agreement. .03. There shall be no discrimination on the basis of race, sex, religion, or national origin against any person employed by SCSI for the performances of services herein described. 3 USER SCSl~ IN WITNESS WHEREOF parties ve ecuted this Agreement as of the day and year first above written. SCSI USER By: By: r - ~ Typed: Robert Ausherman, President Typed: Larry Grafcl, Acting Town Manager Sierra Computer Systems, Inc. Town of Vail 2378 West Whitendale Avenue Building Department Visalia, California 93277 75 South Frontage Road Vail, Colorado 81657 4 USER SCSI 'PERMITS' TM for P.C.'s AGREEMENT BETWEEN Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and Town of Vail, Colorado hereinafter referred to as User. Executed this day of , 1993. User must execute this agreement and return to SCSI by Aueust 1. 1993 to be valid. RECITALS SCSI provides this "SOFTWARE" and licenses its use. Customer Town of Vail Product Name 'PERMITS' Address Building Department SCSI Reference No : PC930134 75 South Frontage Road Release No. 2.3 City/State/Zip Vail, Colorado 91657 No. of Licenses 8 Fee $ 12,495.00 TERMS AND CONDITIONS OF AGREEMENT BETWEEN SCSI AND USER GENERAL CONDITIONS OF 'PERMITS' LICENSE A1.00. HEADINGS. Headings are for convenience only and A5.00. PAYMENT. shall not be deemed to be part of this Agreement. .Ol. The License fee of $ 12.495.00 shall be paid in the AZ.00. MODIFICATION. No modifcation or variation of following manner: 70% upon signing of this agreement this Agreement shall be valid unless in writing signed by both ($8,746.50), the remaining $3,748.50 to be paid upon acceptance parties. which shall not be unduly withheld. Delivery shall be the date the software is installed and documentation is delivered. The delivery A3.00. SEVERABILITY. If any provision of this Agreement date shall be within thirty (30) days after SCSI has received this shall be construed to be illegal or invalid, the ]egaliiy or validity of signed/executed Agreement. any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed .02. User agrees to pay any tax for which it is responsible by a court of competent jurisdiction to have the broadest scope hereunder, or which is assessed against User directly, exclusive permissible under the law of said jurisdiction, and if no validating however, of taxes based on the income of SCSI. If any such tax is construction is possible, shall be severable, and all other provisions paid by SCSI, to reimburse SCSI therefore upon receipt by User hereof shall remain in full force and effect. of proof of payment acceptable to User. A4.00. DELAYS. .03. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the .Ol. 'Neither party shall be liable, in damages or otherwise, parties hereto and all preliminary negotiations and agreements of for any delay in the installation and implementation of the whatsoever kind or nature are merged herein. No verbal Licensed System or any component thereof or any service to be agreements or implied covenant shall be held [o vary the rendered by it hereunder, or for failure to give notice of any delay, provisions hereof. Any modification of this Agreement will be when such delay is due to the elements, acts of nature, acts of civil effective only by written execution signed by both User and SCSI. or military authorities, acts of the other party which are not provided for in this Agreement and which cause unreasonable .04. This License fee does not include installation delays in this Agreement by the other party, any delay in services. These services are specified in Exhibit 'A', Installation transportation or delay in delivery by its vendors beyond its Services. reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each party's schedule A6.00. PATENT AND COPYRIGHT INDEMNITY. of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has .Ol. SCSI agrees to defend, hold harmless and indemnify been given to the other party of such delay and its estimated User from and against any claim, action, liability, cost or damage duration, within five (5) days of the time the party has actual for infringement of any patent, copyright or similar property right knowledge of such delay. (including, but not limited to, misappropriation of trade secrets) based on any software or any other materials furnished hereunder .02. Notwithstanding the foregoing, in every case, the by SCSI. SCSI shall have the sole right to conduct the defense of delay or failure to perform must be beyond the control, and any such claim or action and all negotiations for its settlement or without the fault or negligence of, the party claiming excusable compromise, unless otherwise mutually agreed to in writing by the delay. parties hereto. I USER SCSI~~" fG iJ A7.00. RELATIONSHIP OF PARTIES. SCSI shall have no responsibility for any consequences thereof. .Ol. At all times during the term of this Agreement, SCSI AI0.00. SCSI INSTRUCTIONS shall be an independent contractor and shall not be an officer, agent, or employee of User. User shall have the right to control .Ol. SCSI shall be responsible for delivery of the SCSI only insofar as the result of SCSI services rendered pursuant Licensed Software Source Code to SCSI's escrow account. Source to this Agreement. code for those modules will be made available from the escrow agent to User if: .02. Nothing contained in this Agreement shall be deemed to create a partnership or joint venture. Neither party shall incur a) SCSI ceases to do business or, any debts or make commitments for the other party. b) SCSI. becomes insolvent. A8.00. SYSTEM SECURITY AND ACCESS. In such case, copies of the Software and documentation will be provided to the User under the terms of this agreement. Source .Ol. Each party acknowledges that all information Code will be made available for a fee equal to the License Fee. concerning the other party is "Confidential and Proprietary User has unrestricted access to all software it has accepted from Information". Each party agrees that it will not permit the SCSI, but may not transfer source code or documentation to any duplication, use or disclosure of any such Confidential and other agency, commercial or private business under any Proprietary Information to any person (other than its own conditions. employee who must have such information for the performance of obligations under this Agreement), unless authorized in writing by A11.00. APPLICABLE LAW. the other party. .01. This Agreement shall be governed and construed .02. All financial, statistical, personnel, technical, and other under the laws of the State of California. Any action to enforce information or data relating to the User, which is designated the provisions of this Agreement shall be filed in a court located confidential by the User but made available to SCSI in order to in Colorado. carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall also observe the same A12.00. SOFTWARE LICENSE. or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI will instruct its .Ol. SCSI grants and User accepts upon the terms and personnel to keep such information confidential. SCSI shall not conditions contained herein, non-e~cclusive, non-transferable, be required to keep confidential any data or information which is perpetual license to unlimited use of "Licensed System" solely for or becomes publicly available, is already rightfully in SCSI's User's own purposes. The license granted under this Agreement possession, is independently developed by SCSI outside the scope authorizes User to use the Licensed System in machine readable of this Agreement, or is rightfully obtained from third parties. form by 8 concurrent users. The Licensed System shall include in its meaning, documentation and technical information provided A9.00. USERS INSTRUCTION. to User in written form for use in connection with the software. .Ol. SCSI shall be responsible for ensuring that its .02. SCSI warrants that it has good title to such system and employees, servants, and agents will, whenever on User's premises, that. User will have undisturbed use of the system in accordance obey all reasonable instructions and directions issued by User. with the terms of this Agreement. .02. Unless otherwise agreed to by the parties, SCSI .03. User expressly agrees that it will not sell, lease, assign personnel, while working on User's premises, shall observe the or in any way transfer, such Licensed System or any rights herein working hours, working rules and holiday schedules of User to any person, partnership, corporation or other entity. applicable to such User premises. User agrees to provide reasonable working space, resources and materials which are .04. User shall include and shall not alter, remove or necessary for the performance of services under this Agreement, conceal, any copyright, trade secret or other proprietary notices on provided, however, that such working space, resources and/or the Licensed System. materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged .05. Title and ownership to the Licensed System and so as to minimize any disruption to User's normal business Intellectual Property Rights is not hereby nor in any other way operations. transferred to User. User acknowledges that SCSI retains the exclusive right to sell, lease, license, assign, or otherwise transfer .03. User shall be responsible for the input of all data into the Licensed System (and any module thereof) and that SCSI may the computer memory and for reconciliation and accurary of that enter into similar or identical conveyances of similar or identical data and for taking such administrative steps necessary to input rights with other SCSI clients. that data. .06. User may not cause or permit disclosure of, or access .04. Any (i) modification, change, addition or substitution to, the License Software in whole, in part or in any form to any to the Licensed System made by User, (ii) any interfacing of the person, firm, corporation or other entity who or which are not Licensed System with any other program or programs, or (iii) any salaried employees of the User without the expressed prior written change in the operating environment of the Licensed System may consent of SCSI. degrade the performance of the Licensed System. User acknowledges that any such modification, interfacing or change .07. The User acknowledges that the Licensed System shall be made at the sole request and expense of User and that contains valuable proprietary information and trade secrets and 2 USER SCS/~~~ " V that unauthorized dissemination of the Product Programs writing, direct that future notices or requests, or demands be sent ' (including, without limitation, disassembly, decompiling or reverse to a different address. Notices given by mail shall be deemed given engineering) could cause irreparable harm to SCSI. upon deposit in the United States mail. Notices given by hand delivery shall be deemed given at the time of actual delivery. .08. The User shall not make copies of the Program except that reserve copies of a magnetically recorded Program that is A17.00. PERFORMANCE TESTING. delivered on tape or magnetic disk media may be made to protect against Program destruction for back-up procedures. .Ol. 'PERMITS' application operates on-line at a level of effectiveness of ninety-five (95%) with no loss of operational .09. The User may copy documentation for its own use capability due to software errors oc problems, for the period of provided that copyright and other proprietary notices on any thirty (30) days from the date of production, it shall be deemed to copies are made in accordance with SCSI or its supplier's have met the User's standard. Upon this date, the system shall be instructions. deemed accepted and the warranty period begins. A13.00. WARRANTIES. A18.00. 'PERMITS' DELNERY. .Ol. SCSI warrants and represents that it has full authority .Ol. 'PERMITS' will be delivered and installed on User's to enter into this Agreement and to consummate the transaction system by the week of August 30, 1993. This assumes SCSI has contemplated hereby and that this Agreement is not in conflict received a signed copy of this License Agreement by August 1, with any other Agreement to which SCSI is a party or by which it 1993. Total Implementation, Training, and Modifications will be may be bound. completed by December l5, 1993. This will require apart-time involvement from User staff approximately one (1) day per week. .02. SCSI believes the software product to be accurate and reliable. Much care has been taken in its preparation; however, the SCSI Sierra Computer Systems, Inc. software is provided "as is", without warranty of any kind (except 2378 West Whitendale Avenue as provided in A13.00.03), either expressed or implied. In no Visalia, California 93277 event, will SCSI be liable to User or any other party for damages, including lost profits, lost savings or other incidental or USER Town of Vail consequential damages arising out of the use or inability to use the Building Department software. 75 South Frontage Road Vail, Colorado 91657 .03. The software provided by SCSI under this Agreement is warranted to be free from reproducible defects for a period of User hereby acknowledges that User has read this Agreement, ninety (90) days from acceptance. All material and labor to repair understands it and agrees to be bound by its terms and conditions. any such defects will be provided free of charge for the full User further agrees that it is the complete and exclusive warranty period. Agreement between User and SCSI relating to the subject matter of this License. User acknow recei m SCSI of a true This warranty is void if: copy of this Agreement. (a) the program is used in other than its normal customary ~ ' manner, SCSI (b) a program has been subjected to misuse; ~ (c) a program has been subjected to modifications initiated by the By: ~ customer without the express prior consent and written approval r/ of SCSI. Typed: Robert Ausherman, President Sierra Computer Systems, Inc. A14.00. WANER. 2378 West Whitendale Avenue Visalia, California 93277 .Ol. It is expressly understood and agreed that no waiver granted by User for any violation of any wvenant, term or USER condition of this Agreement shall be construed to constitute a waiver of the same or any further violation without the prior By: written approval of the User. A15.00. RESOLUTION OF DISPUTES. Typed: Larry E. Grafel Acting Town Manager .Ol. It is anticipated that disputes between SCS[ and the Town of Vail User will be resolved between the parties. Disputes or questions Building Department of interpretation may be referred to a committee composed of 75 South Frontage Road representatives from SCSI and the User. The parties agree that Vail, Colorado 91657 in attempting to resolve disputes they will act promptly, reasonable and in good faith. A16.00. NOTICE. All notices, requests demands and other communication shall be in wtiting and sent by registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in 3 USER SCSI e~~ EXHIBIT A SOFTWARE LICENSE AGREEMENT -INSTALLATION SERVICES A. SCSI shall provide the following installation services relating E. SCSI shall submit semi-monthly invoices to User detailing the to the Software, up to 200 hours for. modifications provided and the time and expenses incurred. User shall pay such invoices within thirty (30) days. 1. Three (3) onsite visits: 1. Modifications are estimated a[ $ 2,17G.00 The total a. Install and design review. amount for the modifications shall not exceed $ 2.176.00 b. Training except upon prior written consent of User (Modify Parcel c. Put 'PERMITS' into production Search for Subdivision/f..ot/Block). SCSI will retain the Travel time 30 hours exclusive rights to all modifications. These modifications Design Review/Assistance 36 hours may be utilized at SCSI discretion. Training 3 days F. Any services required by the User which are not included as 2. Development of Permit/Activity Types: part of the Installation Services described in Paragraphs A through E above, will be provided by SCSI at the following a. Up to 10 activities 50 hours rates, plus expenses: b. Additional activities 4-6 hours each Technical/Systems Manager $75.00/Hour or 3. Conversion Programming: $600.00 Per Day a. Valid Street Database 4 hours Programmer/Analyst $68.00/I-lour or b. Assessor's Database 40 hours $544.00 Per Day One (1) File Fixed Format Input c. Contractor Database 10 hours Technical Writer $60.00/Hour or d. Permit History 0 hours $480.00 Per Day e. Geo-Districts 0 hours Clerical Support $30.00/Hour or 4. Project Management: $240.00 Per Day a. Telephone/Management Additional Onsite Training $1000.00 Per Day Support 12 hours b. Miscellaneous Hours 18 hours SCSI reserves the right to adjust these hours as needed between sections 1 through 4. B. SCSI shall be paid for Installation Services at the prevailing rate plus reasonable expenses, in addition to the Purchase Price for the Software. 1. Installation Services are estimated at 200 hours for a total of $ 13,600.00 . C. SCSI shall submit semi-monthly invoices to User detailing the installation services provided and the time and expense incurred. User shall pay such invoices within thirty (30) days. D. SCSI shall be paid for User and Technical Training at User site. 1. User Training classes shall be for three (3) days at a total of $ 3,000.00 at User site. The total estimated expenses are $ 2,600.00 and shall not be exceeded except upon prior written consent of User. Travel Time will be billed portal to portal, at our then current prevailing rate. SCSI shall submit an invoice when the training is completed. User shall pay such invoice within thirty (30) days. 4 USER SCS~~~'!'fJf JUL-07-'93 WED 08:09 ID:LONGWOOD CITY HALL TEL NO:407 260-1719 #337 P02 w June 7, 1993 Molly L. Mccutcheon Town Clark Town of Vail 75 South Frontage Road Vail, Co 81657 Re: Incorrect Telephone Number on personal Letters to Mayor, Mayor pro-tem and Members of Town Council Dear Holly, Sarly this weep I sent the Mayor, Mayor Pro-tam, and Members of Gduhcil 4 letter which contained an incorrect phone number. It was an oversight that I inadvertently put the wrong prefix (331) instead of the correct prefix (260). Wound you please, please, please, let the recipients of the letters know of the following error: The telephone number which appears as (407) 331-3445 should read (407) 2W-3445. I regret any inconvenience. Your king attention to this request is sincerely appreciated. Thank you, Jamoig A. movellin 601 Torrey Oaks Court Longwood, FL 32750 (407) 331-9606 - Home (407) a6o-3445 - Office - JUL-07-'93 WED 05:08 ID:LONGWOOD CITY HALL TEL N0:407 260-1719 #337 P01 • June 3, 1993 T0: Holly L. McCutcheon FAX (303) X79-2157 Town Olerk Town of Vail 75 South Fx~antage Road Vail, CO 8165? Re: Incorrect Telephone Number on Personal Letter~~kv Msyvr, Mayor Pro~tem and Members of mown CouriCil FROM[: Jemem A. MaFeilin 601 '1.'orrey Oaks Ovum Loil~WVO~I, FL 38750 (407) 331-9606 - Home (407) ,~Q-3445 - Office FADES TO FOLLOM: 1 M" ~y TOWN OF VAIL ~ 75 South Frontage Road Department of Connnunity Development Vail, Colorado 81657 303-479-2138/ 479-2139 FAX 303-479-2452 July 8, 1993 Mr. Hans Woidrich 1650 East Vail Valley Drive Vail, Colorado 81657 Dear Mr. Woidrich, Your letter of June 7, 1993, to the Vail Town Council was recently passed on to me for response. I would like to thank you for taking the time to provide input on the issue of banning public smoking. Writing a letter is one of the easiest and best ways for citizens to provide input on issues which the Council is addressing. On the topic of banning smoking in public places, the Council will be discussing the issue in the next several weeks and is seeking input from the restaurant community and citizens at large. Their desire to receive input from area residents and restaurateurs is the reason discussion of the topic was delayed until after the 4th of July, in the hope that most everyone would be in town. The issue which was proposed for discussion at the Council worksession in late April was the banning of smoking in restaurants and bars. At this time I am unaware of any action being taken to ban smoking in outdoor facilities, although smoking is already prohibited in many public places. The Council is seeking input as to whether it is necessary to define further restrictions of the voluntary control program currently practiced by many area restaurants. The program has been very successful to date and some establishments have become non-smoking without government intervention. You are invited to attend the Council worksession on July 27, 1993, when the issue will again be discussed to reiterate your feelings on the matter. Thank you again for your input and feel free to contact me at 479-2138 if you have any further questions. Sincerely, ~Q~ Cl/~.C~~ Susan Sca Ian Environmental Health Officer XC: Town Council members Pam Brandmeyer Kristan Pritz ~yy ~l TOWN OF VAIL ~ 7S Soutb Frontage Road Office of Community Relations Vail, Colorado 81657 303-479-2115/FAX 303-479-215? r July 9, 1993 ~ Chris Chantler The Daily Grind 288 Bridge Street Vail, CO 81657 Dear Chris: On behalf of the Vail Town Council, the Town staff, and the entire community, thank you again for all your support with Vail's hosting of Ride the Rockies. The event simply would not have been possible without your involvement. We have received wonderful feedback from the riders, the organizers, and folks around town, and we are hoping to hear soon that the Vail Valley was chosen as the best host community for this year's ride! (We are crossing our fingers that the ghost of Vail's RTR past has been slain!) Some of the stories we are hearing from the riders prove, in our minds, to be the best part of this experience! With an event like this, you never know which highlights will have the most impact. It seems unanimous that, while folks thoroughly enjoyed the concerts, the food, Ford Park, and legal massages, the part they appreciated most was the warm welcoming. Exhausted riders mustered enthusiasm to recount for us how wonderful it was to see waving hands, cheering children, and smiling faces from Wolcott on in. Thanks to you, the rest of the promotional committee, and the weather-gods, the greeting we hoped for was a success. Again, thank you for your time, your energies, and your commitment to making the Vail stop of the 1993 Ride the Rockies tour a big hit! Sincerely, Pamela A. Brandmeyer Caroline Fisher 1993 RTR Area Coordinator Public Relations Manager STAI~OFCOL O DEPARTMENT OF TRANSPORTATION O7, 4201 East Arkansas Avenue Denver, Colorado 80222 (303) 757-9011 July 2, 1993 The Honorable Peggy Osterfoss Mayor of Vail 75 South Frontage Road W Vail, Colorado 81657 Dear Mayor Osterfoss: The Colorado Department of Transportation is working with the units of local governments in the five county Inter-Mountain Transportation Planning Region to develop a twenty-year multi-modal transportation plan. One of the first steps in the development of a Regional Transportation Plan is to get a good perspective of transportation issues in the region, so a series of public meetings have been held to obtain comments from the public. To supplement these meetings, I would like to meet with you and any member of your staff you would like to invite to discuss transportation. To give the discussion some structure, T have prepared four questions I would like you to consider prior to this meeting. 1. What do you consider to be the most important transportation issues facing your community? 2. What social and environmental issues does the Regional Transportation Plan need to address in your community? 3. What role do you see non-highway transportation modes of transportation playing in solving the mobility problems in your community? 4. Are there transportation issues outside of your community which concern you? t~6~~~1~ My schedule shows that I will be in your area on Er.~d~y, July 14, 1993, I hope you can arrange a time to meet with me then. My telephone number is (303) 757-9819. I am looking forward to meeting with you soon. Sincerely, 1 Dave L. Ruble, r. Program Management Branch Section Manager cc: R. Moston, Regional Transportation Director ~ 1 R~C~IV~D J U L 8 1993 DISTRIBUTION LIST - PUBLIC WORKS PRIORITY LIST BRIAN ANDERSON ERNST GLATZLE TOWN COUNCIL STEVE BARWICK GARY MURRAIN DEBBIE ROELAND JANEIL TURNBULL MARY LAWRENCE MIKE ROSE DICK DURAN SUSIE HERVERT TODD SCHOLL CAROLINE FISHER JIM HOZA DAN STANEK ANNIE FOX DD DETO LEO VASQUEZ JOHN GALLEGOS JOE KOCHERA PAM BRANDMEYER KRISTIN PRITZ CHARLIE OVEREND KEN HUGHEY MANUEL MEDINA TODD OPPENHEIMER FILE JODY DOSTER P.W. INFO. BOARD MEMORANDUM T0: LARRY GRAFEL, ACTING-TOWN MANAGER FROM: GREG HALL, ACTING-DIRECTOR OF PUBLIC WORKS/TRANSPORTATION DATE: JULY 5, 1993 RE: PUBLIC WORKS PRIORITY LIST FOR THE WEEK OF JULY 5 - 9, 1993 .c:,;>»:•r:x:•::•:r:•:~•- ........:f,.. J!•:». rrr t:.::,x:x-:::.:,:.:.:r3.,.-•r .ff ..H.:•:::::.•::::::-:;t-::??2-::.~: x:.::.:+r,-~=.:•:::::.; ftt:::?.y:: ...t.,: ../}..1.''~::•: t..u.rp:.:;.:?.,.::....n :..t•::::...:» tr.•:.•: ;..f......tt.:: r.:..yr•::•::. •..::f::::::::......:::rr:;tfr;t.':?::r--:::::.,•.,'•:•:x.. i..: ut?..: r:.f #.•if:; •r:: •::rtu?a-::......`: ;r~:»:r:::•:::.:::.{:'r,:2.:::;;:G:.rr li:•:?.::._.r:::::.':..nar.:~:.::.: =:.:{l..-{.': :•:'?-:•:xt;•':o%r::::. f,.....,.:; .:..:r{::... 1. ~ 11~;.>:fF•r.....,... .::::::::::»:•:?isti'F.~':•i:?}it{::..1.-~.:::?: }i }r::{J...... t .r .n..::.::.::?hi5:>.:i~::rS::Si::i{.i::~.S'r::?•':t•::•ii?GY : F....: R .x...::.w . f t....::.t.:.:»:: s.... rc~:-::.>:•::.:t.. :rr-::v.r .a r.-.:..y...:».:,:fr:• f..::-y{`: r, f.~ ...,,.:....,..:r.:.::i::fa. .....r......f.:~!va.`::.ixf{ir:.~:x{.•.:....,:.. {r: ..y .-::-.:r-: ...t•»:'.•::::.::.-r,:,.:., f::.,, KitfiaY,~.•{{.£rf :;'cG~ri i'f::i:Y'r,:•r.:•:-•i.'-». rr..tl+'.: y, STREETS AND ROADS A. 1. Provide assistance to Jack on bridge project. 2. Construct 3 chaise sections at Bishop Park. . 3. Perform various concrete tasks on Vail Road Project: a. Continue curb b. Pour pad at Blanos c. Pour pad driveway d. Patch back Meadow Dr. 4. Pour 4' X.10' pan at Stephens Park. 5. Provide unimog sweeper for slurry seal operation. 6. Obtain Gore Creek Promenade plans from Greg. 7. Obtain bids for Bridge Street overlay. 8. Pour sonotube footers and relocate art piece in Lionshead. 9. Perform various asphalt tasks: a. Bighorn Rd. at Food & Deli - remove and patch back. b. East Vail Interchange - remove and patch back. c. Snowberry - remove, reconstruct and patch back. PARKING STRUCTURE/TRANSPORTATION A. 1. Remove and replace expansion joints at VTC. 2. Repair roof leak at Covered Bridge concrete bus shelter. CARPENTERS A. 1. Continue work at Stephens Park. 2. Stain repaired bridges throughout Town. 1 • PUBLIC WORKS PRIORITY LIST Page 2 ELECTRICIANS A. 1. Perform line locates as needed. 2. Continue Sonnenalp Street Light Project. 3. Hook up vacuum at bus wash. 4. Hook up radial table saw at VTC. 5. Remove and install new lights at rec path behind ice arena. 6. Paint and install lights at Blue Cow Chute. 7. Complete installing ice arena rec path lights. 8. Remove Village light pole from VTC view point. 9. Replace damaged T.V. cable at VTC. 10. Repair walk path lighting. 11. Perform street light inventory. 12. Repair various street light outages. 13. Repair electrical conduit at Covered Bridge concrete bus shelter. PARKS DEPARTMENT A. 1. Finalize design for Gore Creek Promenade/Pedestrian Bridge with Greg and Mike Brake. 2. Hire consultant for Mill Creek/Ted Kindel Park. 3. Continue construction management at Ski Museum Park site. 4. Mulch Xmas trees. 5. Coordinate 1st Bank improvements with Ski Museum contractor. 6. Schedule CPR class for department. 7. Repair sodded areas at Bishop Park. 8. Order fibar surface for Stephens Park. 9. Complete flower planting. 10. Present pedestrian bridge and centralized irrigation project to Town Council. 11. Install irrigation on Snow Dump berm. GH/dsr ` - ~ TOWN OF VAIL 7S South Frontage Road Department of Public 6i'orks/Transportation Vail, Colorado 81657 303-479-2158JFAX 303-479-2166 MEMORANDUM T0: Town Council Planning and Environmental Commission Design Review Board FROM: Public Works/Transportation Department DATE: July 8, 1993 RE: Town Shops Master Plan As you may already be aware, the Public Works/Transportation Department is working with the team of RNL Design, Fleet Maintenance Consultants and Morter Architects, to develop the Town Shops Master Plan. The Town Shops Master Plan will determine what impravementslrenovations will need to be made based on numerous criteria (ie. safety, storage, traffic circulation, efficiency, growth, etc.) , the approximate costs and phasing over the next five - ten years. The Consultants are scheduled to be at the Public Works Shop the week of July 12 - 16, for on-site design sessions. The Department and the Consultants feel it is extremely important to receive. your input, concerns and suggestions early in the master plan/design process, therefore we would like any interested Town Council, PEC, DRB member to stop by the Town Shops. WHEN: Wednesday, July 14, 1993 WHERE: Town Shop Paint Booth (adjacent to the mechanic's bays> TIME: 10:00A.M. If you cannot make the 10:00A.M, meeting time, please feel free to stop by anytime during the week to visit with the Consultants. We apologize for the short notice, and hope that will not deter you from taking part in this important project. If you have any questions or desire additional information, please call Susie Hervert at 479-2444. ra u ~y TOWN OF VAIL 7S Soutb Frontage Road Office of Community Relations ' Vail, Colorado 81657 303-479-211 S/FAX 303-479-2157 dd, i Council received a July 8, 1993 copy of this memo. Here is a copy for Mary Jo Allen your f i 1 es . P.O. Box 861 Thanks! Vail, CO 81658 Dear Mary Jo: On behalf of the Vail Town Council and the Town of Vail staff, thank you again for your participation in this year's TOV Community Survey focus groups. Enclosed is the final summary of our findings. As indicated, this year's survey process was comprised of community focus groups held in March to establish areas of concern to residents and questions to include on the written survey. A written survey was sent following the focus groups to 9,000 residents, second home owners, box holders, and merchants. Then, in June, a random phone survey of 150 residents was conducted to gain further clarification of the written survey's findings, and to introduce the element of randomness and statistical accuracy to the survey. Finally, focus groups were again held with the community to present the overall findings of the survey and to confirm that these findings were accurate. The input received during this survey process is more critical than ever. In the face of Amendment One, continually broader areas of voter involvement, limited budget dollars, and a diversifying community, the Town Council relies heavily upon your direction. The Council will be entering this year's budget process in the next two months, and will be closely considering your comments as budget dollars and staff time are allocated. Again, thank you for taking the time to participate. If you would like to follow-upon these findings or would like further information, please don't hesitate to contact me at 479-2115, Acting Town Manager Larry Grafel at 479-2105, Assistant to the Town Manager Pam Brandmeyer at 479-2113, or Mayor Peggy Osterfoss at 476-0503. Sincerely, . Caroline Fisher ~ Public Relations Manager Enclosure ' ~tir 11 1~ TOWN OF VAIL ~ 7S Soutb Frontage Road Office of Community Relations Vail, Colorado 81657 303-479-211 S/FAX 303-479-21 S7 ~iL(1 , July 9, 1993 ~ ~ " 7"" ' Greg Kail Vail Daily P.O. Box 81 Vail, CO 81658 Dear Greg: As you probably know, the Town of Vail has been involved in an extensive survey process over the last four months, in order to help identify goals, priorities, and concerns of the Vail community. The final results are in, and I thought you might be interested in reviewing the findings. As background, this year's survey process was comprised of community focus groups held in March to establish areas of concern to residents and questions to include on the written survey. A written survey was sent following the focus groups to 9,000 residents, second home owners, box holders, and merchants. Then, in June, a random phone survey of 150 residents was conducted to gain further clarification of the written survey's findings, and to introduce the element of randomness and statistical accuracy to the survey. Finally, focus groups were again held with the community to present the overall findings of the survey and to confirm that these findings were accurate. The input received during this survey process is more critical than ever. In the face of Amendment One, continually broader areas of voter involvement, limited budget dollars, and a diversifying community, the Town Council relies heavily upon your direction. The Council will be entering this year's budget process in the next two months, and will be closely considering the comments as budget dollars and staff time are allocated. If you would like to follow-up on these findings or would like further information, please don't hesitate to contact me at 479-2115, Acting Town Manager Larry Grafel at 479-2105, Assistant to the Town Manager Pam Brandmeyer at 479-2113, or Mayor Peggy Osterfoss at 476-0503. Sincerely, i Caroline Fisher Public Relations Manager Enclosure o~. ROBERT D. ANDRON T N c G ~ t v a ? ALEXIS A. "TRIPP~~ WALTER III CITY ATTORNEY ~ ASSISTANT CITY ATTORNEY THOMAS M. JOHNSON ASSISTANT CITY ATTORNEY MUNICIPAL PROSECUTOR T~xAs LEGAL DEPARTMENT ~E~S/~ ~ U L 9 1993 July 5, 1993 The Honorable Mayor and Town Councilmembers Town of Vail, Colorado 75 South Frontage Road Vail, Colorado 81657 Dear Mayor and Councilmembers: I just wanted to take this opportunity to express to each of you my sincere thanks on behalf of myself and Royanne. She and I both gained a valuable insight into the Vail community through the interview experience. Everyone, Council and Staff, was gracious and put us at ease in every situation. Clearly, quality of life is Vail, both as a resort and as a community. It is equally clear that Vail and its citizens are served by outstanding Councilmembers and City Staff. Thank you very much for the opportunity to meet with you. Sincerely, Robert D. Andron City Attorney P.0. BOX 1000 BRYAN, TEXAS, 77805 (409) 361-3604 FAX 361-3895 }~~cc,w~ceL 7 ~ Ia ~ ~3 '1~ DAR FosT lalnl: 11-~I~ It~C:1Cll:~® " ~ lorado Bi cle Tour `~60 Broadway Denver, CO 80202 303-SZO-1338 July 6, 1993 Pam Brandmeyer Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Pam: Our most sincere thanks for all the great work you did on the 8th annual Ride The Rockies bicycle tour. This year's tour would not have been the success it was without you and everyone from Vail who worked on the event. Surveys from the cyclists are coming in by the boatloads and we've seen many favorable comments regarding Vail. We're looking forward to a "wrap-up" meeting with you to hear your feedback, suggestions, etc. and will call you in the next couple of weeks to set up a convenient time. Again, thanks to everyone for an excellent job. Your efforts are truly appreciated by all. cerely, Paul Balaguer Tracy Ulmer Tour Director Community Coordinator pn.snuO Uy RECEIVE® J ; 3 igg3 Xc:Tc?? << /SAM Tm 13 July 1993 Mayor, Members of Council, Town of Vail 75 South Frontage Road West Vail, Colorado~81657 Dear Madam Mayor and Members of Council: Attached is a petition requesting that the Town of Vail acquire a small parcel of property which is in the center of our neighborhood. We realize that the process of acquiring property by the town is in it's early stages, however there is considerable interest i n devel~opi ng the subject property, and we feel that i f i t is not acquired by the town shortly, it will be acquired by a developer and developed. Our neighborhood is a group of townhomes, duplexes and single family residences which are in a near circle around the subject property. (Please see the attached map). Because of this and the fact an overburdened private road services many of the properties, the subject parcel is a focal point, and should remain open space or become a small park. We also suspect part of the property is wetlands, and may require a Corps of Engineers 404 Permit for development. If you will agree to allow this parcel to remain open, we will maintain it according to standards set by the town. It should be noted that we have brought this property to the attention of the Community Development Department, and they have been notably helpful and very supportive. The reason we bring it to you directly, is we are afraid that the Town of Vail and therefore we will lose the opportunity, if negotiations for acquisition are not instituted immediately. Thank you for consideration of our request. The Residents of Main Gore Drive, Main Gore Place and Prima Court. VY t'11 I t t"C I V tr'( NATIONAL FOREST ' OP' ~O OF vp,11~ N PARCEL H ~0~ -6 9®~' O• W 13 12 G T 5147 5157 5167 ~ g 5137 5 5127 aq~` GOR£ I 511 O• • P, 177 5107 OP' N~ S ~~V O 4 6 ~~F IO II ~ a PRIMA CouRr 5097 5187 HEATHERWOOD TOW SES O r2 ° ~ ~ 2.~ IFTH g 9 Q « House O ~ I }5087 ~ 1511 6 5169 5197 CEDAR POINT TO NHOUSES O~ ~~5033 30~ , 8 7 5159 FILING N0. 2 v 5F 9 5119 5139 8 M 5; ° J Q 5Q25.50~~0 r 5047 fsplS6 5089 ~~RE G~RO~E ~ 6 88 5198 6 CEDAR INT TOWNHOUSES O 30 5 7 3 FILING N0. I O 1-4 ~~7~ 5 51s8 TRACT TR. 5~ A e ~ K E I-5 S1~aP`~` Z 5038 3 q 5148 7 I L ~~/~sunolAL~i'5090', Q I 2 5118 5128 ~ RE /i~ PHasE 2 ~ 5oee I-4 517$ ~re6 ~ I HEATHER OF VA CREEK ~ e a 5027 - 177 I_g • J 2 12 13 14 5165 ~ 176 VAIL MEADOWS ADOWS 8 7 6 'S I-4 7 I 2 I~123 12 127 5129 5133 15 17 ~ 4857 4887 4907 5 ~ 5026 5016 9 • 51 5135 5 ~ 5166 8 ~ F i L I N G N0. Z ~~dJl KEL-GAR LN. 16 4 3 2~ • ~ 4848 4876 4916 49• 4937 4957 4977 4997 • 5006 8 5111 0 5122 5828 4 5 THIS ROAD DOES NOT 2 ( 3 4 5014 ~ 107 7 ~ 6 EXIST AT THIS TIME OF~N 5 DI I SI ~N. ~9, W 7 W 5106 126 6 9 ~,F H A~DIT 4956 JUNIPER 4995 2 HOUSE 51515 553 45087 ~ I 5114 5134 9 7 ~ ~g ~1 ~ 4 I7 4936 9 . -~9 f Ig 819 83 6 7 9 . 502a Y 8 9 47 16 4946 4966 I~ I 2 3 ~ C 46 5 112 5136 10 • 4791 4859 ~ 4999 5030 5034 5054 mJ 5074 g 2' 4p 15 II DR SOUTH I ~ pW 4879 14 4969 4998 V W 5084 5104 W 5142 II ED 12 B2 4788 4828 2 pq 4889 13 (9 50 5 34 F I L ,y ~ 4840 6 4899 12 18 20 5045 I 3g q~N ~ II Ig 5 3 4939 4978 5047 1 J 29 ~Rf 5148 5184 4792 MF4 4868 4948 W 5075 29 12 16 p {r 5095 27 ~ 6194 6 ;'1 4 IT 5037 ~ 6135 ~ ~ T,S, 5154 13 14 4802 7 ~ 4888 • 4918 6184 5174 ae12 8 15 16 31 l\ PETITION TOWN COUNCIL, TOWN OF VAIL We the undersigned, as residents of a neighborhood in East Vail, request and urge the Town of Vaii to purchase either through negotiation or condemnation Parcel 1, Sundial Phase 1 in East Vail. We believe this parcel should remain as open space or as a small park, and a structure should not be developed on it. Further, because there is interest in acquiring the property for development, it is our desire that acquisition by the town be an immediate priority. ME ADDRESS ~ .e ,ADS ~ ~a ~ s ~ tiC~ r.~ _ D 3?j f ~ rLt ~ ~o viz r ~ d ~ M~ ~ ~ , ~ o y ~ P l e~~ _ , c~ v ~n.~~.~~ ~ _ ~ 5G ~o ~ ~ ~ C~'~Y~~~ ~ o ~ ~ PETITION TOWN COUNC i L, T01NN OF YA j We the undersigned, as residents of a neighborhood in East vai], request and urge the Town of Yai1 to purchase eitt+er through n®goti ati on or ~ondcmnati on Parcel l , Sundial Phase! i n East Vail . !fie bel i Qv® thf s parcel should r+~?ai n as open space or as a Smal l park. and a structurM shauld nut be dev®loped an it, Further, beGauso thorn is interszt in acquir~n8 th0 property for d0volopmsnt, it is ®ur ciesira that acquisition by the town be an i curedi ats priori#y. WA1~E ADORE3S so ~ ~ nom- G ~ Vim, t o ~ ~ c. r ~ . ~l,('~u~ ~ ~~i r~k 5 oar i~a~~ Vag i , ~o ~ ~ ~5~ . ~/ri«.. ~ Ce~~o Blb 57' sd T sh.~~v 6 0 2 1 ~zS r~~1 ~ ~onC3t - - -SI'I"i3 '9 Q~~'Z!f2i1k o0i,o' i9~t ZiC~ ~S~OT zr: ~n TG 1.~"t,.:Uul r. ~ s ~,-s~_s..-,~ u`,:_.sHl^. F1-'Ui`i 11=iN1' ~c~.Tl? •JW ~ P~TYTiaN TbtKPt COUNCI TO~fH OF VAI L tie the undersigned, as residents of a neighborhood -in East Vail , reques± and urge the Town of Vail to Rurchase either through negotiation or condemnation Parse? ~ , Sundial Phase i n East ltai Z . SFFe believe this parcel shou7 d remain as aQen space or as a sroal l park, and a structure shtiuld not be developed an it. Further, beca•~5e there i s interest i n dcqui ri ng th® property for develapmant, 3t iS our desire that acquisition by the town be an im~sediate priority. NAME ADDRESS ~Ja`~D V~,llA,t~ G,N: UR.~v6 ~ D ;J i L ~T p t x e ~ C~1 J To: All Interested Parties From : Cherie Paller 476-7384 Date: 6 July 1993 Re: Family Center Meeting next gr~~.g meeting: I~iloo r-la ~~~In I1tU~1~~ Il ~t~lola Il gg~ ~ ~Q.~ oy` ~ 5:30 - 7:00 pm Meeting Vail Public Library -community room ,~z f.~ - ,.~1:~" . J ~ ti ti• L,f i }N i `~l' f~+~ AGENDA ~0~30 ~ 6o Il ~ p~ ~ ~ndff ~c~~~opIl~nr~B ~d~~r~o~ Self-Introduction/Representing what organization? Committee Reports: (Kevin) "VVF Early Learning Center" (Tsu) Head Start (Kathleen) Siligle Point of Entry (Janet, Colleen) ~ Family Literacy (Peg) Homeless Education fund (Tsu, Jesus) Health Care (Nancy) Childcare Resource & Referral (Laurie M.) Central•Rockies Prevention Project (Kathleen, Laurie H.) Family Mediation Program (Marge) "Healthy Babies acrd Families" (Holly} latchkey training (Sharon) "Kids CGtI7~ction" OTHERS , Announcements ~ ~o ll ~ G ~o 00 00 Gc Js3 oOlUl~ ~~'13q`~J~G'Il~ pL~la1~1~II1~G We need your input...corne ready to think/work hard! NEXT MEETINGS: August 30, 199.3 at 5:30 pm at Edwards Elementary ? September 27, 1993. " 'Udll • ~..;,r N n/w' ~~q rj ~`}~-~~yrp~j~P"~ 'L` j~4• .......„~a...~w•f'1•• ~ 4._ ~n 1. @96~~ ~ 0 1 ~Pl ;1 i.,5 _1~" "'Y` +'f Y,-,-. .,-.:..n.~,:~:. _ . _ s ~~,rn L~r~~~diY~ ' 7S S. Fr.. 5E7VT BT ~tAGLt; GOUN'l7 ; 7- B-y;3 ; 14 ~ 44 ; ;3U3S1t37LU7-? 3US~Lti;3blb; it ;i/ 5 July 9, 1893 - 8:04 F,1GLE colnvTY su~oMc 'cam , „ 351 610DAD~/AY W+K~ OF THE N.V. HOX 850 BOARD OF CdMMISSIC7RIERS ~ EAQF, COI (MMp 8163 I (303) 318•iB05 t• ~ TAX (303) 328.1107 ''r.f!a . f . EAGLE CaUNTI~, CQI.aRADQ AGE'IUDA SDARD QF COUNTY Qt~MM~SS~'Q11lERS REGULAR MEETING DA Y JULY 19, ~ 993 • • • • iF • • • • • • • f 4 • • • • f i i } • * ; ; • • ~ • • • • • • • f 09:00 - 70:30 WORK SESSION - WElClCLY UPDATE ~Nr of rns Ndr ~ Room Jerk D. Lewis, Cotmty MAnaBer 10:30 - 77:OD BREAK 11:00 - 12:00 WORK SESSlpN -PENDING LITIGATION ern orr/?~ /rolY ~s Rcom James R. Fritze, County Attorney 12:00 - 01:30 LUNCH 01:30 - 02:00 WORK SESSION -MEETINGS ATTENDED Mt of the Ndv Gwe Room 02:00 - 02:15 CONSENT CALENDAR Eyre Cow~ey rIfM3 OF A ROUT/NE AND NON-CONTROVERSI/IL NA7URE ARC HACED ON THE CONSENT CAlENDAq TO ALLOW TIIf i1QARD OF CQUNTY CdMMRS TO 3PCND /1S 77ME AND ENERGY ON hORf pHYflR/ANl /llMS ON A LENG7NY AGENQA. ANV COAINISS/ONFRMAYf~QU[STTHATANRFMBE IiE7401/ED•FROAdTH~CONS~VTCAIOVDARANDODNSIDFREDSEI~ARATELY, ANV iME7MBEROPTHEPlQ4LICMAY IICQUL3T'ANYJ?EMBE ItEhIOtIED•FROA4TyECONSE7VI'AQDYDA. 1. 8111 PAYING Linda Pankuch, AC~ounting Mark Si/verthorn, Controller ACT/4N: Approva/subject to revlewby the County Nlaneger. SENT BY ~ EAGLE COUNTY 7- 9-93 14 45 3033287207- 3039263515; # 4/ 5 2. PAYROLL FIR JULY 2~, 7993 Jaek Lewis, County Manager ACTION.• Approval subject to revr'ew by [he County Manager, 3. AGREEMENT BETIMEEN EAGLE COUNTY, STATE 0?F CCLCRADO AND MICHAEL MCNAMARA FOR ENTERTAINMENT AT THE EAGtE COUNTY FAIR AND RODEO Jackie Lacy, Fair Coardinator ACTJON: Consider approval. 4. AGREEMENTT BETWEEN EAGLE COUNTY, STATE OF COLORADO AND DERRINGEI ~ FOR ENTERTAINMENT A T FOR THE EAGLE GOt/NTY FAIR AND RODEO Jackie Lacy, Fair Coordinator ACTION.• Consider approval. 5. CONTRACT" BETWEEN EAGLE COUNTY, STATE OF C(!L ORADO AND AIRBORN FOR ENTERTAINMFJVT AT T7~E EAGLE COUNTY BARN DEDICATION Jack Ingstad, Public Relations Officer ACTION: Consider approval. 6. LETTER OF AGREEMENT BETWEEN .EAGLE CCgUNTY, STATE OF COLORADO AND COMMUNITY GRAPHICS, ING Tq PRC)DUCE A COMMEMOH.4 T/VE POSTER MAP Jack /ngstad, Public Re/ations Olficer ACT/OIV.• Consider approval. 7. EAGLE COI!1NTY AMBULANCE PERMIT TO ALLOW L/CENSURE FOR MAY 1993 THROUGH JUNE 7934 Marge Gates, Director of Nursing ACTION: Consider approval. r4. AGREEMENT BETWEEN EAGLE COUNTY STATE OF COLORADO AND FRONTIER BELLES SIDESADDLERS FOR PERFORMANCE AT THE EAGLE COUNTY FA1R AND RODEO Jackie Lacy, Fair and Rodeo Coordinatar ACTION: Consider aPl~roval. 9. AGREEMENT BETWEEN EAGLE COUNTY, STATE OF COLORADO AND LORETTA KARL AS R.4BB/T JUDQE FQR THE EAGLE COUNTY FAIR AND RODEO tackle Lacy, Falr and Rodeo Caordinator ACTION, Consider appraval. SF~VT BY~EAGLE COUNTY ; 7- 9-93 14 46 30332872071 3039263515;# 5/ 5 i0. ~ AMENDMENT NUMBER i TO COFFEE POT ROAD PROJECT AQREEMENT BETWEEN COUNTY AND WHITE RIVER NATIONAL FOREST TO EXTEND COMPLETION DA TE TO SEpTE14fBER 30, x993 DUE TO SNOW PACK tN WHITE RIVER PLATEAU AREA Mary Jo Berenalo, Deputy County Attorney ACTION.• Consider appravaL 02: i5 - 03:30 OPEN MEE77NG counev Raoro 03:30 - L/QUDR LICENSE HEARING - E.vb aver ~ A. RENEWAL - BEAVER CREEK FOOD SERVICE dbe BEAVER CREEK GOLF CLUB BAR & GRILL B. RENEWAL -DIAMOND FIVE LTD dba COYOTE CAFE' C. SPECIAL EVENTS PERMIT -EAGLE VALLEY CHAMBER OF COMMERCE D. CHANGE, AL i'ER OR MODIFY PREMISES -BELLA M!A INC. dba BELLA M!A Mary Jo Berenato, Deputy County Attorney THENEXT hlEET/NQ OF riIFEAOLF CDUNTYCOMM/SSJONB~S N?IL AFHELD ON JULY26, 1993 THIS AGENAA /S PAOV/DED FOR lYFORMATIONAL PURPOSES ONlY - A!L TONCtiS ARE AP/~HOkpNATE THE BOARD WNB.E' IN SESSION MAY CONSIDER OTHBi !rQ{~S TIfAT ARf BRO(ldHT BEFORE R: PAGE 3 JUL-07-1993 07 05 FROM. THE PRUDENTIAL GRP ~ TO 4792157,. P.01 ~ ~ n G ~tlitvL°c.C r ThePr~dent~I ~ ~ . ; - ~ Fri; , - Gpre Ran - ~ ~~G ~ ~ ~ ~ ~ _ u ( N e ~ ~ C~. Y Properties, nc. ~ U ~ ~ - . Sf 1 tdo~sNea4 Msli ~ ~ Yail, RO $1657 ~ ~ ~ 'a ~ ~ ~ ~ . f', Bus. (303j 476-24$.3 y ~ ~ 7-i 3 - 9 3 Bus. (SD01283-24$0 I'4 f~ pax (303) 476-6458 ~ ~ ,Post-lt'"brand fax transmittal memo 7671 I # of pages ? 3 a ~ From - ~ ` To eRkolin! E r,~~mQL9 ,;E i3 Co, Co. Dept. • ~ Phone # ~ • . Fax# 9y/ OZGE~ Fax# " i, TIME. DATE: " TO = M ~ , X--- FRbM S ~ nn ~C - r, a - f ~ FAX ~ . t ~ ~f - ~ r ~ ~ . a, . ~ncluding this 'cover sheet you should receive ~ this transm~.ssion. It ~ sheets sr~ are i1~.e able yvu do not receive all the pages or if any , please contact us by phone. ox FAX end we will re- transmit all ©f the ir~foxmatxon. y , • ~ ~ phone ('303} 476-24$2 - - ,It ~ FAX~~ (303j 476»`6499 ~ ~ . 'I;~ OTI~ER COMMENDS: I _ 'r-~.~L.IL,~.d1,~ :'~'f` -~-Cy ~ ~ 1r, ~.cTi~'1't,~.Q :'h • s _ .J ~ • a j ~ ;i 4 , _ a ' fl t ~ i 'x'hank yc~u. . s ..n. , , . ' . i P ~ ~ , ~ , . - ~ G ~i. ~ - ,i, - f., d ~ ~ II !i ~ ~J ~Tuly 6. 'l99'~ . July 19Q3 4~E~C~iVE~ J ~ ~ ~ ~ 1993 Dear Tawn council Re~aresentative, Some questions about the proposed convention center. Ssn't $23i~ million a lot to spend to help increase Vail's business for only four to five montk~s a year? And, in fact, isn't the totaX cost, once the center is furnished, actua7.ly going t4 be a lot more? What kinds of things will we have to resort to in oxder to feed this center once it is built? Won't voters have a lot of other tai ass~ues to decide upon in November...many of which have mare 7~elevar~ce to local people? Don't most people agree that we like our current cl~.er?tele? Didn't V~i's surveys ,show that these people wanted more quality in existing faoil~,ties rather than a larger ski. mountain..hence wore people here? Could the same logic be applied to turn~.ng Vail into a "convention town"?' when you go on vacation....do ytau choose to go to a locale that caters to conventions? Where yau'lx find crowds of people who aze almost always paying less to be there t~xan you area Why do we insist on fitti~ag Vail into the mold....when 'We all agree that Vail is unique? .Are we try~.ng to be too many things to too many people? Didn't mast of us come to Vail because it offered something the place back home didn't? Aren't we trying a little tac, hard to apply the rules from back hums to this setting? Are we averaging down toward the mediocre here? Does the Vail environment awe $nybody the right to make a living? Because a community was established hare, does everyone have the right to make money? Is it the community's responsibility to insure that they do? Didn't people understand what Vail was when they moored ht~re and st2ttted their businesses? Do we need to cYxarige what Mail is so their dreams can be met at our expense? Maybe xuy dream is different. -1- JUL-07-1993 07 06 FROM THE PRUDENTIAL GRP TO 4792157 P.02 Haw sang can the valley's eco-structure continue to support the over~crawding we force an it? when you think of Reystone...do you think t~f Vail-type c~tsalf.ty? zs the performing arts center portion of the pra~eot being used as a carrot? Cauld the conventian center gamer the support it needs without the smaller part...tho performing arts eenter? Maybe we should dust build a perf~~...ing arts canter? Y am ..~.~.crsed to the Convention Center. lam opposed to the Town of Vail spending any mvre money ar time an the pxo~eat. z think Vail has done a spectacular job of expanding the summer lausiness over thy: past ten years. T think the same kind of improvements are possible for our shoulder seasons. Let's keep the unique flavor that makes us a plane people want tc be. Ginmy Culp 2960$ M~»h:s inch Raad Vail, Gib 81657 TOTAL P.02 P ~ - _ r ' - . ~ ~ . , , . ~ ~ 1993 AMERICAN CYCLE CLASSIC _ SCHEDULE AMERICAN C Y C L E CLASSIE. ~ TUESDAY ~)ulyls-18,1993 JULY 13 REGISTRATION OPEN GOLDEN PEAK 7 A.M.-7 P,M. GRUI'lDIG ~ - ' oc, WEDNESDAY WORLD tUP 1993 JULY 14 REGISTRATION OPEN GOLDEN PEAK 7 'A.M.-7 P.M. )eepNationalChampionship THURSDAY • SuiescrossCountry JULY 15 REGISTRATION OPEN GOLDEN PEAK 7 A,M.-7 P.h1. . ~ ~ow~ni,ii~ia"`p`omh`p PAUL MITCHELL DUAL SLALOM GOLDEN PEAK ~ 12-3 P.M.~ Bud Lighr Cituens Challenge - QUA L I FY I N G Paul Mitchell systems PAUL MITCHELL DUAL SLALOM GOLDEN PEAK 3:30-5:00 P.M. Dual Slalom FINALS _ PAUL MITCHELL DUAL SLALOM GOLDEN PEAK ~ 5 P.M. Board of Direcwrs _ AWARD CEREMONIES , President Gerald R.Ford~ BUD LIGHT WELCOME PARTY EAGLES NEST 7 P.M. Robert E. Barrett Leon D. Black Carolyn S. Blount FRIDAY Cra`gM'C°g<" ~ JULY 16 REGISTRATION OPEN ~ GOLDEN PEAK 7 A.M.-7 P.M. . James Berry Craddock _ )ackCrosbq SHIMANO YOUTH SERIES GOLDEN PEAK... 8 A.M.. Andrew P. Daly ' H. Benjamin Duke, Jr. BUD LIGHT CITIZENS GOLDEN PEAK & 9 A.M.-2:30 P.M. Harry H. Frampton, III . )ohnGamsey CHALLENGE CROSS COUNTRY VAIL MOUNTAIN - George N. Gillett, Jr. PepiGramshammer - BUD LIGHT CITIZENS GOLDEN PEAK 3 P,M. Steve N. Haber CHALLENGE AWARDS Martha Head ` William J. Hybl SATURDAY ~ ~ ' Elaine W. Kelton ' Henry R.Kra~~ JULY 17 . REGISTRATION OPEN ~ GOLDEN PEAK 7 A.M.-7 P.M. Fiahugh Scow, Emerirus Michael S. Shannon Rodney E.stifer ~ GRUNDIG/UCI WOMEN'S VAIL VILLAGE & 9 A.M. C. Philip Smiley ~ ~ CROSS COUNTRY ~ ~ VAIL MOUNTAIN . Richard LSwig - ' OscarLTang GRUNDIG/UCI MEN'S VAIL VILLAGE & 12:30 P.M. Herbert A. Wertheim • - .CROSS COUNTRY VAIL MOUNTAIN )ohnGarsuey ~ GRUNDIG/UCI AWARDS VAIL VILLAGE ~ 4 P.M. President ~ ROCK SHOX 'ROLL - . TRAILS END 7 P.M. . ~ FINAL PARTY SUNDAY ~ 1 JULY 18 REGISTRATION OPEN GOLDEN PEAK 7 A.M.-7 P.M. ~ GRUNDIG/UCI DOWNHILL VAIL MOUNTAIN 9 A.M. VAII.VAi1~Y ~ FIRST RUN ~ ~ ' FoUZVnA'nox ~ GT CITIZENS DOWNHILL. VAIL MOUNTAIN 11 .A,M. AProjectoftheVailValleyFoundation GRUNDIG/UCI DOWNHILL ~ VAIL MOUNTAIN 2 P.M. • ~ ' Post Office Box 309 SECOND RUN , Vail, Colorado 81658 ~ , 3o3-ale-95oo GRUNDIG/GT DOWNHILL AWARDS GOLDEN PEAK 4 P.M. FAX 303.476-7310 Site of the 1994 World Mountain Bike Championships 1 xc Tc ~ TELECOMMUNICATIONS MANAGEMENT CORP. 5757 Wilshire 81vd. • Suite 344 • Los Angeles, CA 90036 (213) 931-2600 Fax (213) 931-7355 June 30, 1993 RECEIVES ~ ; 2 1993 Mr. Lawrence A. Eskwith . Town Attorney Town of Vail 75 Frontage Road Vail, Colorado 81657 Dear Larry: Enclosed are five bound copies and one unbound (reproducible) copy of our Task 2 report, which evaluates the TCI cable system in Vail and provides recommendations for the Town's franchise renewal objectives. When you and other cognizant Town officials have had an opportunity to review this material, we can discuss the next steps of the renewal process. Sincerely, L~~~;~ CARL PILNICK President enclosures ! ~ ~ TELECOMMUNICATIONS MANAGEMENT CORP. 5757 Wilshire Blvd. Suite 344 Los Angeles, CA 90036 (213) 931-2600 Fax (213) 931-7355 TOWN OF VAIL EVALUATION OF CABLE SYSTEM AND RECOMMENDATION OF RENEWAL OBJECTIVES June 1993 Cl ienls\va il4eports\ rvai103-04.05. Get, T ~ ~ 1 1 TABLE OF CONTENTS I. INTRODUCTION .........................................1 A. Scope ...........................................1 B. Current Franchise ...............................1 II. CURRENT REGULATORY ENVIRONMENT ......................4 A. Cable Communications Policy Act of 1984 .........4 B. Cable Television and Consumer Protection and Competition Act of 1992 .............................7 (1) Rate Regulation ...........................7 (2) Carriage of Local Commercial Television Signals ...............................................9 (3) Carriage of Noncommercial Stations ........10 (4) Retransmission Consent for Cable Systems ..10 (5) Award of Franchises; Promotion of Competition .......11 (6) Consumer Protection and Customer Service ..11 (7) Children's Protection From Indecent Programming on Leased Access Channels .....11 (8) Limitations of Ownership, Control, and Utilization.......... . .....................la. (9) Regulation of Carriage Agreements .........12 (10) Sales of Cable Systems ...................12 (11) Subscriber Bill Itemization ..............12 (12) Unsolicited Sexually Explicit Programs ...13 (13) Technical Standards; Emergency Announcements ............................13 (14) Channel Assignment .......................13 (15) Subscriber Premises Equipment ............13 (16) Consumer Electronics Equipment Capability 14 (17) Franchise Renewal ........................14 ,r ii . (18) Development of Competition and Diversity in Video Programming Distribution ........14 (19) Theft of Cable Service ...................14 (20) Equal Employment Opportunity .............14 (21) Limitation on Franchising Authority Liability ................................15 (22) Direct Broadcast Service Obligations .....15 (23) Sports Programming Migration Study and Report ....................................15 (24) Applicability of Antitrust Laws ..........15 C. Pending Litigation ..............................15 D. State Regulation ................................17 E. Local Regulation ...........................17 III. CABLE INDUSTRY STATE OF ART ........................20 A. Current Status of Cable Technology ..............20 B. Technological Changes and New Developments ......24 (1) Fiber Optics ..............................24 (2) Digital Compression .......................27 (3) "User-Friendly" Equipment .................27 (4) "High Definition" or "Advanced" Television 29 (5) "Wireless Cable" ..........................30 (6) Direct Broadcast Satellite ................35 (7) Cellular Telephone Technology and Personal Communications Networks ...................37 (8) "Multimedia" Distribution via Cable .......38 IV. VAIL CABLE SYSTEM ...................................39 A. General Description .............................39 B. Technical Performance ...........................43 C. Quality of Service ..............................45 1 iii D. Local Programming ...............................45 E. Future System Upgrading .........................46 F. Financial Capability ............................48 V. TCI FRANCHISE RENEWAL PROPOSAL .......................49 VI. FRANCHISE RENEWAL IS:iUE5 ............................SU A. Key Renewal Issues ..............................SU (1) Renewal Term ..............................5C1 (2) Level and Quality of Service ..............5C? (3) Public Benefits ...........................52 (4) Franchise Enforcement Capability_..........52 B. Recommended Renewal Requirements ................53 VII. CONCLUSIONS ........................................56 APPENDICES A CURRENT FRANCHISE AGREEMENT (CHAPTER 21.04) B 1984 CABLE ACT C 1992 CABLE ACT D DENIAL OF FRANCHISE RENEWAL E LOCAL MULTIPOINT DISTRIBUTION SYSTEM F NEW FCC TECHNICAL STANDARDS G CABLE SYSTEM PROOF-OF-PERFORMANCE TEST RESULTS H SERVICE CALL SUMMARY 1992 I LOCAL PROGRAMMING INFORMATION J INTRODUCTION OF FIBER OPTICS INTO TCI'S CABLE SYSTEMS K VAIL CABLE SYSTEM 1992 FINANCIAL STATEMENT L 24-HOUR CITY HALL AND DISTANCE LEARNING SERVICES • r I. INTRODUCTION A. Scone The Town of Vail, Colorado (the Town), has retained Telecommunications Management Corp. (TMC) to provide consultant support in connection with a proposed renewal of its cable television franchise. The franchise is currently held by TCI Cablevision of the Rockies (TCI), a subsidiary of Tele-Communications, Inc. This report provides an evaluation of the existing cable television system serving the Town, including: • A description of the system configuration, its current capability, and possible upgrading scenarios for the future. • A review of the system's technical performance and quality of service. • An evaluation of the system, in comparison with the present state-of-the-art of the cable industry, and anticipated future technological advances. • An evaluation of the key franchise renewal issues that are of concern to the Town, with recommendations for specific renewal objectives. B. Current Franchise The current TCI cable franchise was originally granted to Heritage Cablevision (Heritage) and last renewed on August 15, 1989 for a five-year term, so that its current expiration date is August 14, 1994. Since the renewal date, Heritage has been merged into its parent company, Tele- communications, Inc., and the operating company name is now Cablevision VI. Inc.. dba TCI Cablevision of the Rockies,, Inc. The franchise was renewed under an ordinance that has been encoded as Chanter 21.04 of the Town Code, which is included herein as Appendix A. Concurrent with the franchise renewal, the Town also adopted a new cable television regulatory ordinance (encoded as Chanter 21.02), which establishes regulatory requirements and procedures applicable to the franchise. 1 c ~ The major provisions of the current franchise include: SECTION PROVISION 21.04.040 The franchise renewal term is 5 years. 21.04.080 Service is required at standard installation charges where there are at least 30 residential dwelling units or commercial units per mile of cable plant, or for annexed areas, at least 20 unit's per addii:ional cable plant mile. Service to other areas under a defined cost-sharing arrangement. i 21.04.090 System design and capacity: • Maintain a "state-of-the-art" system. Capacity of 36 channels in 1989. • Provide a "community information service" (character-generated bulletin board channel). • Provide 1 channel for governmental, educational and public access. • Meet FCC technical standards. • Provide standby power. • Provide addressable capacity. • Maintain "most favored nation" capability. • Provide an emergency alert override. 2 ~ 3 21.04.120 Local Programming: • Provide local programming production equipment as specified, and a grant not to exceed $80,000 for additional equipment. • Maintain a production studio. • Provide video access staffing and training. 21.04.190 The franchise fee is 5% of annual_ gross revenues. The Town agrees that 40% of the fee (2% of annual gross revenues) will be utilized for local public access purposes. The requirements remain in force until the current franchise expires in August 1994, or are superseded by a new renewal agreement. 3 f, II. CURRENT REGULATORY ENVIRONMENT A. Cable Communications Policy Act of 1984 The Cable Communications Policy Act of 1984 (the 1984 Cable Act) was the first comprehensive federal law establishing national cable regulatory guidelines and procedures. The law was enacted in October 1984, and became effective at the end of 1984 (see Appendix B for the text of the Act). The 1984 Cable Act establishes specific procedures and criteria for renewals, which constrain the flexibility of franchising authorities such as cities and counties. A major objective of the cable industry, in lobbying for the law, was to achievES franchise renewal procedures that would make it extremely difficult for any city not to renew an existing franchise.' The 1984 Cable Act effectively accomplishes this (although it is true that even before the Cable Act was passed, an attempt to change franchisees was fraught with many practica]~ difficulties). With respect to the renewal of franchises, the Cable Act establishes the following formal procedures, in Section 626 (cities and cable operators can choose to negotiate informally, if they wish, and most renewals follow an informal process): (a) The franchising authority shall commence proceedings which incorporate public involvement in: (1) Identifying the "future cable-related community needs and interests." (2) Reviewing the performance of the cable operator under the current franchise term. (b) The cable operator, may on its own initiative or upon request, submit a renewal Dronosal. The proposal shall contain "such material as the franchising authority may require, including proposals for an upgrade, of the cable system," subject to consistency with Section 624 of the Act. (c) Within 4 months after the completion of proceedings held under (2) above, the franchising authority shall either renew the franchise, or issue a preliminary assessment that the franchise should not be renewed. 4 C In the case of the latter, an administrative hearing, with public notice and participation, must be held to consider whether: "(A) The cable operator has substantially complied with the material terms of the existing franchise and with applicable law; (B) The quality of the operator's service, including signal quality, response to consumer complaints and billing practices, but without regard to the mix, quality or level of cable services or other services provided over the system, has been reasonable in light of community needs; (C) The operator has the financial, legal, and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and (D) The operator's proposal is reasonable to meet the future cable-related needs and interests, taking into account the costs of meeting such needs and interests." At the conclusion of the administrative hearing, the franchise authority shall issue a written decision granting or denying renewal (d) Any denial of renewal must be based solely upon adverse findings with respect to the criteria of (A)-(D) above. The operator then has the right to take the issue to court. No action can be taken to solicit other potential operators until a final court decision is rendered. For most cities, the key Cable Act criterion with respect to renewal is which involves the following components: • Establishment of the community's "future cable-related needs and interests,." 5 C ~ • Determining whether the cost of meeting those needs and interests is reasonable. Obviously, these factors involve some degree of subjectivity, and there can be substantial differences of opinion between cities and cable operators as to what services are "needed", and what costs are "reasonable". Even if a city is on :relatively cordial terms with its cable operator and has no .interest in not renewing the . franchise, the procedural constraints of the Cable Act essentially constrict the :renewal negotiations to the two items listed above. Consequently, in order to have any significant leverage at al:l in negotiations, a city must be able to justify its determination of cable needs,'and its determination that the related costs are not excessive. Apart from the renewal process, the 1984 Cable Act contains some other significant provisions, including the following: • The Act permits .a city to require that the operator provide reasonable facilities, equipment and channels for PEG (Public, Educational and Government) use. The cost of these generally is borne by the cable operator, and is exclusive of the franchise fee. • The Act prohibits a city from requiring onaoina operational support from the cable operator for PEG use. Thus, capital facilities can be required from the operator, but the operatina costs to utilize these facilities (e.g., personnel to operate cameras and produce programs, expendable supplies, etc.) :must come from franchise fees, or other sources of funds. • Franchise fees up to 5% of aross revenues _ (with no exclusions) are permitted. No restriction is placed on how these funds are to be expended. • Almost all rates are deregulated, effective January 1, 1987, except for a very few isolated communities where there is no "effective competition" to cable. • Cities are permitted to establish, and enforce, consumer protection standards and construction schedules. Section 632(c) of the Act reads: "Nothing in this title shall be construed to prohibit anv state or anv 6 franchising authority from enacting or enforcing any consumer protection law. to the extent not inconsistent with this title." All of these provisions, to some extent, will affect the renewal process in the Town of Vail. B. Cable Television and Consumer Protection and Competition Act of 1992 On October 5, 1992, the Cable Television Consumer Protection and Competition Act of 1992 (the 1992 Cable Act) was enacted into law, and became effective 60 days later, on December 4, 1992. The 1992 Cable Act (copy enclosed as Appendix C) is a reflection of the feeling in Congress that the 1984 Cable Act had perhaps unduly favored the cable industry, as contrasted to the cable subscribers, and that some counterbalance was warranted. The 8-year operative period of the 1984 Cable Act had resulted in numerous complaints that cable was an "unregulated monopoly", and that this monopoly power often resulted in abusive rates and poor . service quality. In addition, competitive and potentially competitive industries (such as the TV broadcasters, program producers, "wireless cable" operators and regional telephone companies) lobbied Congress on numerous occasions to enact legislation that would allow them to establish a more competitive posture vis-a-vis cable. All of these interests came together, to one extent or another, in the 1992 Act. Because the 1992 Cable Act is so new, it has not yet been interpreted by the courts (although litigation to strike down some of the Act's provisions was filed as early as the day after the Act's enactment). Additionally, the Act delegates to the Federal Communications Commission (FCC) the task of implementing many of the Act's provisions. The FCC has some 23 rule-making procedures to complete during the first 24 months of the Act. The results of these procedures will clarify how the Act will affect both local governments and cable subscribers. The key features of the 1992 Act are discussed below, but it is cautioned that the conclusions must be viewed as preliminary. (1) Rate Regulation The Act permits regulation of cable service rates where there is no "effective competition". "Effective competition" has a three-part definition, including 1) fewer than 300 of the households in the franchise area subscribe to cable service; 2) the franchise area is served 7 y by at least two multichannE.1 video programming distributors each offering service to at least 50% of the franchise area households and subscribers to the smaller distributor exceed 15% of the franchise area households; or 3) a multichannel video programming distributor operated by the franchising authority (i.e., a municipally owned and operated cable system) offering video programming service to at least 50% of the households in the franchise area. For most communities, the key criterion will be the 30% penetration threshold. The Act specifically :limits local rate regulation to the following areas: • Basic service (defined below) ' • Installation and lease of equipment to receive the basic service tier, including a converter box and remote control. The "Basic Service" tier is generally defined to include a minimum of the local off-air commercial and educational broadcast television stations and the local Public, Educational and Government (PEG) access channels required by any franchise. A cable operator is permitted, but not required, to add additional programming on this tier. The FCC is now in the process of finalizing its rules to implement rate regulation provisions for the basic tier. A local franchising authority must be certified by the FCC before it is permitted to regulate basic service rates. The franchising authority request for certification must indicate that local rate regulation will conform to the FCC regulations. A cable operator or other interested party may petition the FCC to review and/or deny the local rate regulation authority, if there is evidence to indicate that local regulation does not conform to FCC guidelines. The Act also provides for regulation of "unreasonable rates" for "cable nroarammina services" other than the basic, service tier. A subscriber, franchising authority or other relevant government entity may file a complaint with the FCC that a particular rate is unreasonable. As with the basic service rates, the FCC also is establishing formulas for determining unreasonable rates for these higher tiers. Only the FCC is given jurisdiction in this area. Furthermore, complaints can only be filed within a reasonable period of time following a change in rates that is initiated after the effective date of the FCC's development of the regulations it is to use (i.e., 180 days from the date of enactment). Additionally, "cable programming service" is defined to exclude programming offered on a per channel or per program 8 E i basis (e.g., HBO, Showtime, Pay-per-View), so that rate regulation of these services is prohibited. The provisions for rate regulation also include the following: • Cable operators are required to provide 30 days advance notice to a franchising authority with regard to any increase in 'the charge for the basic service tier. • Subscribers may not be required to subscribe to any service tier other than the basic service tier in order to have access to, per channel or per program services. Systems that do not have addressable converters or other technological limitations have up to 10 years to come into compliance with this requirement. • A uniform rate structure throughout the service area is required. This may make it harder for cable operators to practice predatory pricing in selected areas to combat competitors. • Negative option billing is prohibited. A subscriber must make an affirmative request for any service or equipment. (2) Carriaae of Local Commercial Television Sianals If local commercial television stations so choose, cable systems with more than 12 usable activated channels are required to carry these signals, with up to one-third of the activated system capacity reserved for this purpose. If the number of commercial stations exceeds the number of signals a system is required to carry, the cable operator shall have the discretion as to which stations will be carried. Each signal carried to fulfill this requirement shall be carried on the same channel number as broadcast over-the- air, or on the channel on which it was carried on July 19, 1985, or on the channel it was carried on January 1, 1992, at the election of the television station, unless mutually agreed otherwise by the station and the cable operator. Disputes in this regard are to be resolved by the FCC. If there are not sufficient signals of full power local commercial television stations to fill the channels set aside, low power stations shall be required to be carried (one on systems with 35 or fewer channels, two on systems 9 with more than 35 channels). Cable systems with two low power television systems may carry one of the signals on PEG channels not in use for their designated purposes, subject to franchising authority approval. (3) Carriage of Noncommercial Stations Cable systems with 13-36 usable channels are required to carry the signal of at least one qualified noncommercial educational television station, but shall not be required to carry more than three such stations. Cable operators with . more than 36 channels are required to carry the signal of each such station requesting carriage that does not substantially duplicate the carriage of another. A cable operator is not permitted to accept payment for carriage of local noncommercial stations. (4) Retransmission Consent for Cable Systems One year after the enactment of the 1992 Cable Act (October 5, 1993), a cable: system can retransmit the signal of a broadcasting station only if: • The broadcasting station gives its express authority to do so. In this case, the station may reauest compensation from the cable operator, and deny consent if such compensation is not provided. This is "retransmission consent". • The broadcasting station asserts its right to be carried. In this case, no compensation is involved, and the cable system must carry the broadcast signal (subject to the carriage limitations noted above). This is what is known as "must carry". The FCC has established preliminary regulations to govern the exercise of retransmission consent. The local television stations initially must choose between must carry and retransmission consent by June 16, 1993. If retransmission consent is chosen, an agreement must be reached by October 5, 1993, or the cable system must drop that broadcast station from its carriage. After that, consent must be renewed every three years. If the retransmission consent option is chosen, the television station will not be counted for purposes of fulfilling the minimum television carriage requirements described above. Previous "must carry" provisions have been declared unconstitutional by a federal Court of Appeals. Turner Broadcasting has already filed a lawsuit contesting this provision, but the federal courts declined to issue an injunction stopping enforcement of the law. It is 10 { ~ anticipated that this issue will be appealed to the Supreme Court. (5) Award of Franchises: Promotion of Competition A franchising authority may not grant an exclusive franchise and may not unreasonably refuse to grant an additional competitive franchise. "Reasonable" is not defined. This sectiom requires the franchise authority to permit a reasonable time period to construct the second system, and require adequate assurance of financial, technical or legal qualifications, as well as provision of "adequate" PEG access channel capacity and/or financial support. (6) Consumer Protection and Customer Service A franchising authority may establish and enforce customer service standards and requirements, and also construction schedules. (This clarifies what has been the position of franchising authorities since the passage of the 1984 Cable Act.) Pursuant to the law, the FCC has established minimum requirements for customer service including: • Cable system office hours and telephone availability; • Installations, outages and service calls; and • Communications between the cable operator and the subscriber (including standards governing bills and refunds). States and franchising authorities are permitted to enact consumer protection laws more stringent than those developed by the FCC. (Again, this clarifies and codifies what has become the fairly common practice in which franchising authorities adopt and enforce consumer protection and service standards.) (7) Children's Protection From Indecent Programming on Leased Access Channels The FCC is required to develop regulations to guarantee that the access of children to indecent programming. is limited. (8) Limitations of Ownership. Control. and Utilization A cable operator is prohibited from holding a license for a Multipoint Multichannel Distribution System (MHOS or 11 ~ } "wireless cable"), or offering a satellite master antenna television (SMATV) service within its cable television franchise area. This means that a cable operator cannot "compete" with itself in order to justify effective competition. (9) Regulation of Carriage Agreements Within one year after the date of enactment of the Act, the FCC shall establish regulations governing carriage agreements and related practices between cable operators. (These rules will prevent a cable operator from requiring a program service provider to sell an equity interest in the service to the cable company before it will be carried on that operator's cable system.) (10) Sales of Cable Systems No cable operator can sell or otherwise transfer ownership in a cable system within a 36-month period following either the acquisition or initial construction of such cable system. In cases of sale or transfer after the 36-month period, a franchising authority (if the franchise requires local approval of the franchise transfer) shall have 120 days to act upon any such request that is accompanied by information as required in accordance with FCC regulations and by the franchising authority. If the franchising authority fails to act within 120 days, such request shall be deemed granted unless the parties agree to an extension of time. (11) Subscriber Bill Itemization Each cable operator may identify on each bill of each subscriber, the following: • The amount of the franchise fee and the identity of the franchising authority to which the fee is paid. • The amount of the total bill assessed to satisfy any requirements to support PEG access. • The amount of any other fee, tax, assessment or charge of any kind imposed by any governmental entity on the cable service transaction. Although permitted to itemize these items on the bill, the Act does not indicate i:hat they are to be "passed- through" on bills to subscribers. In other words, if so provided in the franchise agreement, any funds itemized and collected by the cable operator would still be a part of 12 e: s gross revenues and subject to the franchise fee. This is especially important, since many operators, when first itemizing the franchise fee on bills, took the opportunity to subtract the amount of the fee from gross revenues before computing the franchise fee paid. This unilaterally reduced the franchise fees by up to 5$, and in most cases was a violation of the terms of the franchise. (12) Unsolicited Sexually Explicit Programs If a cable operator provides a premium channel without charge to cable subscribers who do not subscribe to such premium channel, the cable operator shall provide 30 days advance notice to system subscribers of its plans, in this regard as well as the opportunity to have the channel blocked from reception. (This reduces the possibility of underage viewers viewing non-requested adult programming. It primarily involves promotional periods when premium services are provided for a free preview.) (13) Technical Standards: Emeraencv Announcements Within one year after the date of enactment of the Act, the FCC shall develop regulations for minimum technical standards for cable systems. (Note: In 1992, prior to the passage of the Act, the FCC upgraded its old 1972 technical standards.) The FCC will update these standards periodically. A franchising authority may apply to the FCC for a waiver to impose standards that are more stringent than those established. The Act permits a franchising authority as part of a franchise (including a modification, renewal, or transfer) to include provisions for the enforcement of these standards. The FCC is directed to prescribe standards to ensure that cable viewers have access to the same information as afforded by the emergency broadcasting system. (14) Channel Assianment A franchising authority is permitted to require a cable operator to provide 30 days advance notice of any change in channel assignment or in the video programming services provided over such channels, and to inform subscribers that their comments on programming and channel position changes may be recorded at a designated office of the franchising authority. (15) Subscriber Premises Equipment Within 120 days after enactment of the Act, the FCC shall prescribe rules for the disposition of any cable installed on a subscriber's premises after said subscriber has terminated service. 13 t 'f (16) Consumer Electronics Eaui.pment Capability The FCC is given one year to report to Congress on recommended means of assuring compatibility between television sets, VCR's and cable systems so that the cable subscriber can enjoy the benefit of both the programming available and the full functions of their electronic equipment. Within 180 days after the date of submission of the report, the FCC shall issue regulations as are necessary to assure such compatibility. (17) Franchise Renewal The provisions for formal franchise renewal under the Cable Act are amended with regard to the time frames required for response and action. (Relatively few communities go through the formal renewal process outlined by the Cable Act, opting instead for the informal procedures permitted by Section 626(h).) Other than these minor technological changes, the franchise renewal procedures established by the 1984 Cable Act remain intact. (18) Development of Competition and Diversity, in Video Proarammina Distribution The FCC is given 180 days from the effective date of the Act to develop regulations to promote competition and diversity in the multichannel video programming market. These regulations are to prohibit exclusive programming agreements between cable operators and program vendors. This will permit competitive program service providers such as DBS or "wireless cable" operators, access to the same programming as cable companies. Exclusive program contracts, particularly since so many of the programming services are owned by cable companies, has been a complaint from potential competitors. (19) Theft of Cable Service This provision increases the penalties for theft of cable service. (20) Eaual Employment Opportunity The FCC is given 270 days from the effective date of the Act to prescribe revisions in the rules in order to implement the Equal Employment Opportunity (EEO) revisions required by the Act. The EEO reporting requirements of the 1984 Cable Act are amended and the Act increases the penalties for failure to conform. 14 y (21) Limitation on Franchising Authority Liability In any court proceeding pending on or initiated after the effective date of the Act against a franchising authority, any relief shall be limited to injunctive relief or declaratory relief. (This is considered a major protection to franchising authorities who might previously have been faced with financial damages.) (22) Direct Broadcast Service Obligations The FCC must establish regulations to impose on providers of direct broadcast satellite service, public interest or other requirements for providing video programming. The proposed rules will require that 4~-7~ of the channel capacity of the DBS provider be allocated exclusively for noncommercial programming of an educational or informational nature. This is comparable to PEG access support required of cable operators. (23) Shorts Proaxamming Migration Study and Retort The FCC is required to conduct an ongoing study of the carriage of local, regional and national sports programming by broadcast stations, cable programming networks, and pay- per-view services. The study is to analyze, on a sport-by- sport basis, trends in the migration of sports programming from "free" or broadcast television to cable, including pay- per-view. The FCC is also directed to study the economic causes and the economic and social consequences of such trends. (24) Applicability of Antitrust Laws This clarifies that nothing in the Act shall be construed to alter or restrict in any manner the applicability of Federal of State antitrust law. C. Pending Litigation Apart from the Cable Acts, a number of cases of litigation proceeding through the courts could have a significant impact on cable franchising. One group of lawsuits alleges that cable systems are in reality "electronic publishers", and therefore entitled to immunity from regulation as "First Amendment speakers", like newspapers or magazines. The most notable case in this • group is the "Preferred Communications" case in Los Angeles, which the Supreme Court sent back for a trial on the issues. 15 r > A second litigation category involves the franchise fee. Some lawsuits allege that the fee is an illegal, discriminatory tax (since it is placed only on cable subscribers), and therefore should be eliminated completely. Others claim that the fee can be levied only to recover actual regulatory costs (which presumably are less than 50) and must be used for this purpose alone. To date, court decision have been mixed. In California, for example, federal district court judges in Palo Alto and Santa Cruz have ruled that cable system operators have First Amendment rights essentially equivalent to those of newspaper publishers. In other jurisdictions, however, federal courts (e.g., in Erie, Pennsylvania) have ruled differently. Consequently, clarification of these issues probably will require a Supreme Court decision as to how cable's First Amendment rights are to be balanced against the rights of others, such as the franchising communities and the cable subscribers. Such a decision may occur in the Preferred case, or similar litigation, in the' next year or two. In the interim, the 1984 and 1992 Cable Acts remain the governing law, and they permit both a 5% franchise fee and requirements for such public benefits as local programming support and universal service. As noted, both Acts permit the Town to establish and enforce consumer protection laws. It is useful, however, to be aware of the possible impact of the pending litigation. For example, an extreme Supreme Court verdict, granting full, unfettered First Amendment rights to cable systems could reduce a franchise to the equivalent of a business license, with no local regulation permitted, since a Constitutional decision would invalidate contrary law. With respect to franchise renewal, because the 1984 Cable Act criteria are so narrow, and it is difficult to establish a record to withstand judicial review, which surely would follow any renewal denial, there have been few cases to evaluate as precedents. Appendix D describes two instances in which cities ]nave attempted to deny a renewal of an expiring franchise. In the first case, Rolla, Missouri, the city, in 1989, denied a renewal to Rolla Cable system, on the grounds of "technical incompetence". This is one of the four Cable Act criteria upon which a denial may be based. The cable operator filed suit in Federal court, and in April 1990, the district court ruled in favor of the city. The case was appealed, and in April 1991, that decision was upheld by the 8th Circuit Court of Appeals. The decision was not appealed to the Supreme Court, but at this time, it 16 C represents the first case at the appeals court level upholding a city's franchise renewal denial decision. It is interesting to note, in Appendix D, that the process was said to have "consumed enormous resources" by the city, and such allocation of resources may be difficult for many cities to make. A second case, also described in Appendix D, is that of Watertown, Massachusetts, where the city "preliminarily" " denied a renewal to Continental Cablevision. This " situation, however, did not reach the litigation stage, and was settled by agreement between the parties. It is not clear what conclusions can be drawn from these examples, except, perhaps, that more such examples may arise in the future, if the first denials are upheld judicially. Even under the best of circumstances, however, a long, costly battle can be expected, since cable operators cannot be expected to cooperate by simply abandoning their cable systems in place, giving up a highly valuable asset. D. State Reaulation About a dozen states regulate cable at the state level, either through a state cable commission (e.g., New York, Massachusetts, Minnesota), or through the Public Utilities Commission (e.g., Connecticut, Delaware, Nevada). Colorado does not regulate directly, so that franchise regulation is primarily at the local government level. Some services provided by cable systems can be considered as common-carrier services, and therefore, possibly subject to state regulation. For example, when the Rogers cable system in Portland, Oregon began to offer data transmission services on its institutional cable network, Pacific Northwest Bell (PNB) filed a protest with the Oregon Public Utilities Commission, claiming that such services were competing with PNB services, and should be regulated by the PUC. The PUC ruled that provision of such services by . the cable operator was not a common-carrier service. Several states are looking into the same issue, but have not yet reached a final determination. E. Local Reaulation Generally, the ability for any municipality to grant (and renew) franchises and regulate cable television systems is established by enabling ordinances and/or franchise agreements. Typically, these would include: • An "enabling" or "reaulatorv" ordinance, which contains procedures for granting one or 17 s } more franchises, and requirements for the regulation of franchisees. Since franchises generally are non-exclusive, the enabling ordinance should be viewed as setting the structure to be able to grant and renew at least one franchise, but possibly others in the future. (Even if a city desired to have only one franchi:ae, it might be forced to grant several, by, for example, an adverse Supreme Court derision granting cable full First Amendment nights.) The Town of Vail is considering updating its 1989 regulatory ordinance, to incorporate modifications to be consistent with both Cable Acts, State law and the current cable industry practices and state-of-the-art. • A proposal, provided by a franchise applicant (or a renewal proposal by an existing franchisee), which contains the terms under which the applicant proposes to construct or upgrade and operate the cable television system. The pro~,osal can be accepted in whole or in part, and referenced as part of the franchise agreement, or can be modified through negotiations. In some cases, no specific proposal. is submitted, and negotiations commence directly. • A "franchise aare:ement" or "franchise grant ordinance", contains the binding franchise terms and conditions between the city and the franchisee. This, provides for enforceability of franchise commitments, and references all specifics pertinent to a particular franchisee. In effect, this is the "contract" between the city and the franchisee. Using these components to establish the local regulatory framework, and subject to future state or federal preemption, a local government can exercise a wide range of regulatory options, depending on philosophy. At the lower extreme, a city can simply collect its franchise fee and not involve itself in any other regulatory activity. At the other extreme, the city can participate in any or all of the following: • Administering and enforcing the provisions of the cable system franchise, including rate regulation, to the extent permitted. 18 c • Establishing and enforcing procedures and standards for consumer protection, response to complaints and service requests, and quality of service. • Coordination of the operation of government, educational and/or community access channels. • Providing technical, programming and operational support to public agency users, such as city departments, schools and health care institutions.' 19 t III. CABLE INDUSTRY STATE ®F ART To assist the Town of Vail in evaluating the cable industry state of art and the Town's options, it is useful to have a general understanding of the current communications capability of cable systems, the technology, services and programming that are commonly provided now, and those that may be anticipated in the foreseeable future. A. Current Status of Cable Technoloav A modern cable system, capable of two-way as. well as the traditional one-way communications, can provide any or all of the following services: • Residential One-Wav These include the conventional cable services, essentially entertainment or information programs provided to home subscribers on a one-way, "party-line" basis. Programming may be in video form, or provided as "character- generated" alphanumeric text displayed on the subscriber's television screen. The programs may originate at locations remote from the cable system, or within the system's own facilities. Such services represent the overwhelming proportion of cable industry revenues to date. The services may be categorized as follows: Local Television, which includes TV station signals that can be received directly off- the-air with conventional antennas and towers (and microwave links, if necessary). Satellite-Delivered Programming, which includes program services relayed from _ various originating locations around the nation to cable system headend earth stations by communications satellite. Figure 1 lists the satellite services now available. Some of these are offered to subscribers as part of the basic service package, while others are marketed as premium services, at extra cost. Local Programmina, which includes video or text programming generated within the local community specifically for cablecasting, either by the cable operator, or government, educational or public access groups. 20 i FIGURE 1 ' AVAILABLE SATELLITE SERVICES I t . .i r SATELLITE~LINEUP: SAT(OM C•1 MN (Eost) ............................................17 GAUUIT pl (GF AMERICOM/131 DWI) TRANSPONDER Nickekxleors/Nick al Nile (East) 3 (HUGHES/93.5 DWL) TRANSPONDER CAL•SPAN ............................................16 NuSta'.................... (West)'................... 23 ............................12 Comedy Cenlyd Fox Net B ESPN......................................................4 .............19 Prevue Guide Home Sports Enkrtoirvrcenl ....................10 OVC Network........................................ 9 Eternal Word Television t' ~ . ' ...........10 Prime Sports Northwest .........................22 Request Television .............................2,16 t Mind Extensias Universiy...................... l 1 Prime Ticket 7 Sfgwlime (Weill' 20 Su{iaroudio ...........................................ll $ponsChonnel P«ific 4 The Travel CJ,annel'..............................13 Sunshine Nets,ark .................................24 VH- I ....................................................23 GAUXT V (HUGHES/12S DWL) TRANSPONDER Worship (new) ......................................i l Viewers Choice' ..................................18 Arts S Entenoinment Network................23 W WCNt ................................................15 E Block EnMrloirurrerst Telcwision................20 SATCOM C•3 Cinenwx (Wesl) ....................................16 (GE AMERI(OM/131 DWI) TRANSPONDER SATCOM N•R CNBC ...................................................13 Alts & Enterbirxnenl NeMwk 12 (GE AMERICOM/82 DWLI TRANSPONDER CNN .....................................................5 Carcedy Centrd (East)' .........................21 ~twn Pay~Per•View............................... 2 The Di,... Channel ..........................12 Corrcecly Centrd (West)' ........................19 Coble YxJeo Sore.................................. 4 The f~srcey Chancel (East)....................... 1 Counroorn Television Network 6 Christian Music Radio...........................23 ESPN .....................................................9 C-SPAN 7 Digitd Music Express ............................19 ! The Family Cfxmnd (Eosll......................1 l Digital Cable Radio 9 Interrrolional Channel ............................12 ~ HBO (Eost)............................................1 S E! Entertainment Television .....................23 New Engkxrd Cable News ......................5 HBO (West) 8 The family Channel (West) 1 Nostdgio Television ..............................21 Headline News .....................................22 Home Shopping Network ......................10 Tlce 5ilenl Neh«ark/ADC.......................22 Mind Exlensiai University......................21 The leomirg Cfsonrsd 2 Spice....................................................18 MOR Music Television (new)..................10 lifetime (West) 4 SportsChannel America......................3,10 E The Nashvipe Network ..........................18 The Movie Chamd (East)' .....................17 SpatsChannel Chicago...........................9 ( Playboy At Night' 2 MN (Well) ..........................................16 SponsChanrsel Fbrida...........................14 The Sci~Fi Chanrsd (new) .........................4 New Ergku,d Sports Network' ..............14 SportsChonrxsl New Englond.................23 Storyvisiai NeMrork ................................3 Nickelodeon/Nick al Nile (West)...........18 SponsCfxsnrcel New Yor1e ...................7, I 1 TBS Super station .....................................6 OVC Fashion Channel 8 SponsChonnel Cthio..............................16 TNT ......................................................17 Prime Network ......................................1 I SpatsClrannel Plrikidelpliia.....................I Trinity Broadcasting Netwark...................3 Slsawtime (East)' ...................................1 S VdueVision ..........................................10 USA Network (East) ..............................19 Viewer's Choice' 3 WGN/EP'G ............................................7 GAUIXTI(HUGHESJ133 0WLi TRANSPONDER VISN/ACES 5 The Wealfser Channel' Tlce Cartoon Netwwrk (new)................... B SPA(ENET II IGTE/69 DWI) TRANSPONDER ........13 • Cinemme (East) ......................................19 Charnel America................................... 3 Country Music Television .......................13 Empire Sports NeMwk..........................12 SAT(OM C-4 The fA Channel West ....................24 i^r•7 ( I Golavisbn(East) ...................................20 (GE AMERI(OM/131 DWL) TRANSPONDER ESPN 9,14 KBL Sports Nelwwk...............................19 American Movie Classics I Encore................................................... 3 SCOIA.................................................23 Bravo 7 Galavisbn (Wail) .................................20 Tek3murxb............................................. 5 C•SPAN II .............................................19 HBO (Easl)............................................23 The f)iscovery Channel ..........................21 The Inspirational Network......................17 SPAQNET III (GTE/IT7 DWI) TRANSPONDER Home Shopping Newwrk .....................10 TNT ......................................................1 B Home Tenn Sports................................23 lifetime (East) 4 UnivisrM.............................................,. 6 Pro-Am Sports ......................................21 Madison Square Garden Network' 6 USA Newwrk (Weslj .............................21 WPIX..................................................... 9 The Movie Cfwnrcel (Wesl)' ...................22 Valuevision...........................................12 WSBK.................................................... 3 [)WI~Oegrees west lasgiArde 'SPECULL NOTES: Canedy Cenpol-Foil Feed wiU dud~Feed on (ialo,ry I, kmsponder 1 until 1 /19; Wesl Fced wiU bke over Ihm position 2/ 1 and cmMwe m Cxlaxy III position until 2/22 Madison Square Garden tJetwork from $akom N~R, transponder 6 1 /20 The Movie Cfrasrsd-East feed wiU dud feed on Galaxy I, . ,,r , rder 10 urdil 1 / 19; West feed wiUdud-feed on Gobxy V. rmsponder 14 wdil 1 / 19 Now Ersglaxl Sports Networl 6om Sakom N•R, trmsporsder 13 1/1 I NuSk from Gola'rY DI, tra ,w. d: 12 2/5 Playiwy At Nighh-will dud-(eed ai Sakan N-R, transponder 22 until 1 / 1 I Sfxswlime-East Feed wiU dud feed on Galaxy V, transpasder 24 unlit I / 19; West feed will dud-feed m Gaaxy I, tra , r . : _ 16 until 1 / 19 The lravd Clxxsnel-wiU dud teed m Gdoq III, tronspaxler 1 I unfit I / 19 Yrewer's Choice--wiU dual~feed ' . , service on Gaaxy IU, kanspaxler 21 ax! VC•2 over , . .r . KJer 16 urtlil I /5; wiU launch Continuous HiA service on Sokom G I, transponder 21 2/1 The Weodrer Clarxrel~viU dual~feed on Goksxy UI, transporsder 13 until 3/93 CABIEVISiON JANUARII 11, 1993 21 • Residential Two-Wav These include services newly introduced or now in development that require two-way :>ignals between the home subscriber and the cable system headend. Services such as interactive bav-ner-view, fire and intrusion alarm monitoring, enerav control, audience pollina. etc., fall into this group. Most urban systems constructed since 1972, when the FCC required a minimum two-way capability for all new "major market" cable systems, either have, or can readily add, a limited capability for two-way residential services. Distribution equipment, such as amplifiers, and home subscriber equipment, such as converters, are designed and manufactured so that plug-in modules can be added to upgrade the system from one-way to two-way capability. At this time, most cable operators look forward to interactive nav-per-view as a service which may provide enough potential revenue to justify activating the two-way capacity of cable systems. Interactive (or "impulse") pay-per-view allows subscribers to press buttons on their home converter to request a special event, at an extra charge, such as a prize-fight. The requesting signal is transmitted to the cable system headend over the cable itself, rather than via telephone lines, which are used for one-way (non-interactive) pay-per-view. • Institutional (Closed-Circuit, One-Wav and Two-Wav1 These are communications services among institutions, on a private or closed- circuit basis, which may have no relevance to _ home subscribers (e.g., school-to-school television courses). Most institutional users need some degree of two-way communications capability. There generally is a wide range of desired communications modes, including two-way video, one-way video plus voice return, two- way data, video plus data return, etc. Consequently, a cable system designed to offer all these capabilities must be more complex and sophisticated, technologically, than a one-way party-line home subscriber network. 22 In addition to the cable providing services to residential subscribers, in a number of larger communities, the cable system includes a separate "institutional network", or "I- Net", linking major institutions such as public agencies, schools, hospitals, businesses, etc., and providing a variety of two-way communications services. The institutional network can permit closed- circuit communications among institutions, without involving home residents, and also can provide, through interconnection with the home subscriber network, the ability for institutions to communicate with the general public. . With respect to system capacity, the industry state-of- the-art now offers "off-the-shelf" amplifiers and related equipment capable of operating up to 550 MHz'` upper frequency limits, which correspond to a "downstream" (outbound from the cable system headend to subscribers) capacity of 78 video channels plus FM.*"` In practical terms, this means that if a cable system were constructed now, it would not cost much more to build a 78 channel system than a 30 channel system. For the older, existing systems, however, they generally cannot be upgraded easily, or at low cost, to provide the same 78 channel capacity, since such considerations as digging up underground cable, paying for rearrangement of cables on utility poles and replacing converters may cost substantially more than simply providing the components to expand channel capacity. On an experimental basis, a few systems are testing substantially hiaher channel caaacities.. A leading example is the Time Warner system in Queens, New York, where the MHz means "megahertz" or "million hertz". one hertz is the term for the older "cycle per second" designation. Most cable systems begin downstream operation at 54 MHz, which corresponds to the lower edge of the 54-60 MHz band assigned to Channel 2, the lowest TV broadcast channel. Thus, a system operating up to 450 MHz would have a usable bandwidth of 450-54, or 396 MHz. Subtracting 20 MHz for the FM band (88-108 MHz), which generally is not used for video even if no FM service is offered, and 4 MHz for an unused band between Channels 4 and 5, gives a net bandwidth of 372 MHz. Dividing this by 6 MHz, required for each video channel, gives a 62 channel capacity. Since in most areas, 2 channels are restricted because of possible interference with aircraft communications, a 450 MHz system is usually referred to as a "60 channel system". Similarly, a 550 MHz system is referred to as a "78 channel" system. 23 cable system has been expanded to 150 channels. The primary purpose is to test the concept of "video on demand", where a large number of channels are used to play back movies on a pay-per-view basis, with each channel beginning the movie at a different time. For example, using 4 channels would allow the same two-hour movie to start every half hour during a 24-hour day. Thus, a viewer would be assured seeing the movie with a maximum waiting time of no more than 30 minutes. This short "window of convenience" may attract more viewers. Using 48 channels, 12 different movies can be shown at convenient starting times throughout the day. Tele-Communications, Inc., the nation's largest cable company, and the parent of Vail's cable operator, ,has announced that it will begin designing cable systems for as many as 500 channels of video programming, within the next year or two. This will be achieved by the use of "digital compression" technology, da_scribed below. B. Technological Changes and New Developments Apart from channel capacity, a number of other technological advances have had, or will have, a significant impact on cable systems, and perhaps services as well. Among these advances, the most prominent are: (1) Fiber Optics Fiber optics is the use of flexible glass fibers to transmit signals in the form of light waves, rather than conventional electromagnetic signals. Fiber optics transmission has some significant advantages: • The optical fiber cables are much smaller in diameter than coaxial cables, but can carry many more channels of programming or information. An optical cable with a diameter about that of a pencil can transmit hundreds of video signals, or thousands of data or voice signals. • Because of their smaller size, optical fibers can be installed more easily. A fiber optic cable, for example, can be lashed directly to the steel support strand of a pole-mounted coaxial cable. This permits installation. with essentially no relocation of existing cables. Similarly, if conduit is available in underground utility areas, a smaller optical fiber cable can be pulled through the conduit more easily than a larger coaxial cable. 24 • Signals can be transmitted longer distances through optical fibers than through coaxial cable, before losses require amplification. Thus, fewer amplifiers or repeaters are required, reducing the "cascade" effect of multiple amplifiers which degrade the signals. This means that video programs can be delivered over longer distances, at higher quality. • Optical transmission is virtually immune to electromagnetic interference, so that the impact of such factors as lightning, power surges and electrical "noise" or static, are eliminated or greatly reduced. The only negative factors for fiber optics, to date, have been hiah cost and a lack of production standards and consistencv, particularly in interface equipment such as optical-to-electronic converters. Costs are rapidly decreasing, however, and components becoming more standardized, so that these disadvantages are becoming less important. Within the past few years, the growing use of fiber optics in cable construction has facilitated the development of two-way communications. One reason is that optical fibers are small enough so that a number of fibers (e.g., 12 or 24) can be packed into the same "bundle". This permits one or two spare pairs of fiber to be connected to special locations, such as schools or city facilities. The availability of these optical fiber links greatly reduces the cost of an interactive network. Figure 2 illustrates an example of this concept. Many cable operators, in their new plans for rebuilding or upgrading their cable systems, are now designing "fiber-to- the-serving area" systems, in which a fiber optic "node" (switching location) is provided for each 1.000 or so residences. For a community of 100,000 residences, there would be 100 nodes. Each node is connected directly to the cable system headend in a "star" configuration. From each node, coaxial cable branches out to serve the residences. Thus, the overall design is a hybrid fiber-coaxial network. As shown in Figure 2, local facilities and schools could be connected to the nearest node, which would be a relatively short distance away. Since the nodes all would be interconnected to the headend and therefore to each other, this arrangement would result in a fully interactive public agency network. Very little extra construction would be required to link the public agencies to the closest node, 25 FIGURE 2 FIBER-TO-THE-SERVING AREA CONSTRUCTION CABLE SERVICE AREA , FIBER NODE CABLE SYSTEM CITY HEADEN DEPT. FIBER NODE SCHOOL 1,000 HOUSE AREA 26 > and therefore the incremental cost to provide the network would be modest. The fiber links would be higher in capacity than coaxial cable, resulting in the equivalent of a "super" I-Net. (2) Digital Compression Digital compression is a technique in which signals are converted to digital form, and some portions of the .signal are eliminated, so that two or more programs can be transmitted over the same frequency channel. For example, if a video image is relatively static, the compression components sense this, and will drop some portion of the signal, rather than continuing to transmit the same information. At the receiving end, the signals are reconstituted into essentially their original form. Recently, digital compression tests with ratios of 2:1 to 10:1 have been performed, with good results. If a 60- channel cable system used 2:1 compression on all channels, the result would be a 120-channel system. Thus, channel capacity would be doubled without rebuilding the existing cable plant. Using a 10:1 compression scheme would convert the capacity of the system to 600 channels, if utilized for every channel. Equipment for digital compression is still in the development stage, and its eventual production cost is unknown. Furthermore, standards have not been established. If the costs become competitive, and the signal quality is not degraded unduly, this channel capacity expansion technique may be widely utilized, particularly for some channels rather than all. (3) "User-Friendly" Eauipment Most cable subscribers require set-top converters, as part of their cable service, for at least two reasons: • Many program services provided by the cable operator are transmitted in "scrambled form", to prevent people who don't pay for the service from being able to view it. Generally, all premium services (e.g., HBO, Showtime, etc.) are scrambled, and in some systems, basic services are scrambled as well. The converter provided by the operator will descramble those signals so_ that the subscriber's TV set can receive and display them. • The converter also permits selection of any channel provided. Subscribers with older TV sets, which have mechanical tuners that 27 • select only Channels 2-13, are limited to a choice of 12 programs, unless they have a converter. While useful, the converter also has some severe limitations. Many subscribers have purchased "cable-ready" TV sets, with electronic tuners capable of selecting 100 or more channels, and with remote control devices. Because of the scrambling of signals, a converter is still required, rendering the cable-ready tuner useless. A separate remote control is required as well, since the TV set remote will not work with the converter. As a result, the subscriber who bought an expensive, top-of-the-line TV set cannot use . its full capability, and even worse, must pay the cable operator a monthly fee to provide the same capability that is inherent in the TV set. Additionally, the converter accepts all incoming signals, selects the desired one, and places that signal on an unused off-the-air channel (usually Channel 3 or Channel 4). This single program is then transmitted to the TV set, whose tuner is set on Channel 3 (or 4). Thus, regardless of the program selected, it is always converted to a single channel frequency. Since only one program signal emerges from the converter, it becomes difficult for a subscriber to use a videocassette recorder (VCR) to record one oroaram while watchina another. Either the subscriber must rent two converters (one for the viewed program and the other for the program to be taped), or install some special cabling including a video "A/B" switch, to permit this normal VCR use. These problems have led to numerous subscriber complaints. As a result, some effort has been made to develop "user-friendly" approaches that would permit subscribers to use their in-home video equipment the way they had anticipated. This generally means removal of the set-ton converter. One such approach is called "interdiction". The converter in the home is replaced by a "box" that is attached to the outside of the house,, or, in some cases, installed on the utility pole. The box contains addressable taps, or filters, that will prevent signals not paid for from entering the house. All paid-for signals, however, will be transmitted into the house drop cable, and will enter the house in unscrambled form. This is similar to all off-the-air TV broadcast signals entering the home through a roof-top antenna. Interdiction equipment is being introduced into a few cable systems at present. Many cable operators are delaying 28 decisions to use this approach, however, so that they can evaluate other technologies, such as digital compression, to determine the overall impact. For example, while interdiction may remove the converter from the subscriber's home, digital compression may require the introduction of a new interface device into the home, which, perhaps negates some of the interdiction benefits. The 1992 Cable Act (Section 17) requires the FCC to take some action to improve the capability between cable equipment and the subscriber's in-home equipment. The FCC is given one year to issue a report on a means of assuring compatibility between such equipment, with regulations following within 6 months after issuance of the report. The time frame for implementation of any such regulations is uncertain at this time. (4) "High Definition" or "Advanced" Television "High Definition Television" (HDTV) or "Advanced" Television refers to techniques for providing television images with higher resolution and sharper clarity than is feasible with current technology. The objective would be the achievement, in the home, of the equivalent of motion- picture screen clarity and definition. HDTV is not a new technology, but has been restricted to special applications, such as the televising of medical operations and procedures, where high definition is critical. Currently, however, the technology is focusing upon the development of approaches and standards that can be mass-replicated for consumer use. At present, a standard TV signal is defined by FCC specifications. Each image consists of a number of "dots" in a horizontal "line", with a number of lines forming a "field" or "frame", and a number of fields repeated each second. The repetition of the changing dots and lines forms the image seen on the TV screen. To achieve higher definition requires more dots per line, more lines per frame, and possibly more frames per second. A number of systems to achieve HDTV have been developed, both in the U.S. and internationally, and some are now being tested. Eventually, the FCC will select a system which will constitute the new U.S. standard. This standard may continue to use analog signals (the current technique) or may require digitization of all signals. Apart from the merits of each technology, many economic and political factors are involved. For example, HDTV will require broader frequency bands for transmission, and therefore adequate spectrum has to be allocated. New TV sets will eventually be required, but when this will occur 29 is another factor for consideration. In the 1940's, when the FCC converted from the "black and white" TV standards to color TV standards, one rE~quirement was that existing black- and-white TV sets had to be able to receive the new color signals and display them (in black-and-white). This permitted consumers to ret:ain their sets and see all programs, until they were ready to buy a new color TV set. In the same way, the FCC may choose a compatible or a non-compatible HDTV system. If it is compatible, existing TV sets would be able to receive and display HDTV programs, although not with HDTV clarity. If non-compatible, a new TV set would have to be purchased. In any event, it may be some years before a new FCC standard is adopted, and rio short-term impact is foreseen for cable television. In the long-term, HDTV will require higher capacity distribution systems (possibly fiber optic cable) and new in-home reception equipment. (5) "Wireless Cable" "Wireless cable" is a. term used to identify a video delivery system that distributes programming primarily through microwave transmission, rather than through cables. About a dozen years ago, the FCC authorized a Multipoint Distribution Service (MDS) which could be used to deliver microwave signals from a single point (the transmitter location) to multiple receivina ooints (a number of receiver locations). The primary purpose of MDS was to provide a delivery mechanism for pay-TV programs (such as "SelecTV" and "ON-TV", which operated for some years). MDS, in its original form, was a one or two channel service, since the FCC allocated only 12 Megahertz (the 2,150-2,162 MHz band) for its use, and 6 MHz are required to carry one standard TV video signal. Later, however, the FCC allocated enough frequency spectrum for 8 more MDS channels. Concurrently, 20 channels in the 2,500-2,596 MHz band, and 3 channels in the 2,650-2,680 MHz band, are assigned to ITFS _ and OFS use, respectively. ITFS (Instructional Television Fixed Service) is primarily for educational use and OFS (Operational Fixed Service) is primarily for business use, but includes Satellite Master Antenna Television (SMATV) users. Consequently, if all of these allocations are considered, the availability is as follows: 30 Channel Capacity Service 2 Original MDS 8 (Groups E, F) Multichannel MDS (MMDS) 20 (Groups A,B,C,D,G) ITFS 3 (Group H) OFS Total = 33 Thus, enough frequency spectrum is available to transmit up to 33 video channels, although the frequencies are authorized for different classes of users. (Note: If digital compression techniques are utilized in the future, it may be feasible to double or triple the number. of channels offered.) The ITFS license holders, in most communities, are colleges, universities, dioceses, school districts and other educational institutions, who obtained the licenses under the assumption that the frequencies would be used to transmit instructional programming. Typically, a Catholic archdiocese might transmit .programs to parochial schools, or a university might transmit special courses to workers in surrounding industrial plants. For a number of reasons, primarily economic, many of the ITFS channels currently are very lightly used, or not used at all. The FCC permits the ITFS license holders to lease channels not fully utilized, so that the ITFS channels, and the OFS channels as well, can be made available in many areas to MMDS operators. Consequently, an MMDS operator, if successful in leasing ITFS and OFS channel capacity, can deliver up to a maximum of 33 channels of proarammina to subscribers. In any particular market, it is likely that some of the ITFS and OFS channels will be otherwise utilized and not available for MMDS use, so that the delivery capacity will be less than 33 channels. Most MMDS systems actually in operation offer a "package" of 20-30 programmed channels. For residents who might wish to subscribe to MMDS, a receiving installation is required. This consists of a receiving antenna and "down-converter" to receive the transmitted microwave signals and convert them to the normal VHF/SHF television band, and a set-top "controller" which is essentially identical to a cable system converter. The antenna/down-converter may require an 8-10 foot mast for proper reception, which could present a problem for some homes, particularly those in developments which have 31 restrictions against rooftop antennas. The cost of the installation is usually several hundred dollars. As for any microwave transmission system, MMDS requires a "line-of-sight" path between the transmitting and receiving locations. For this reason, the transmitter usually is installed on a mountain or on the roof of a tall building. Buildings, trees and foliage can block the signals if they are in the line-of-sight path. Consequently, in any community, some homes might receive excellent signals while others may have reception difficulties. Figure 3 indicates, as of mid-1990, the U.S. cities in which a wireless cable operation has been established. In many of the cities listed, the primary subscriber target is not the residents of the city, but those in the surrounding suburban and rural areas, where cable service may not be available. Since wireless cable is limited in channel capacity, MMDS operators i:o date generally have avoided "head-to-head" competition against modern, well-run cable systems, and have focused instead on non-cable areas or areas where cable service is poor. The cost of entry intro the MMDS business usually is substantially less than that of cable operators. Atypical start-up, including transmitter location, maintenance vehicles and equipment, offices, etc., might be in the neighborhood of 52,000,000-53.000.000, plus up to $500 per subscriber for installatian and conversion equipment. If 2,000-3,000 subscribers were achieved, this would be an investment cost of 51,500 per subscriber, which is very compatible with the cost per subscriber for a cable system. Thus, if an MMDS system ca.n reach a large enough subscriber base, the economics become very attractive. The relative advantages of MMDS, as compared to cable, are as follow: • An MMDS operation can be established relatively quickly, once sufficient frequency licenses have been acquired. • The investment cost is lower than for cable, once a threshold number of subscribers has been achieved, Therefore, subscriber rates should be extremely competitive with cable. • Residents in non-cabled areas can be served. 32 FIGURE 3 WIRELESS CABLE LOCATIONS MID 1990 Albany, NY Las Cruces, NM San Francisco, CA • Atlanta, GA Lefore, ND San Juan, PR Austin, TX Madison, WI San Luis Obispo, CA Bartley, NE Milbank, SD Sarasota, FL Bath/Aberdeen, SD Milwaukee, WI Sioux Falls, SD Billings, MT Minneapolis, MN St. Louis, MO Champaign, IL Mitchell, SD Tampa, FL Charlestown, WV Myrtle Beach, SD Union City, TN Clearlake, SD New York, NY Washington, DC Cleveland, OH North Platte, NE Watertown, SD Coleman, SD Oklahoma City, OK Webster. SD Colorado Springs, CO Oshkosh, NE Wichita, KS Denver, CO Palisade, NE Windom, MN Desmet, SD Philadelphia, PA Wray. CO Detroit, MI Ray, ND Yakima, WA Everly, IA Redfield, SD Fairfax, VA Redmond, OR Ft. Wayne, IN Reno, NV Houston, TX Roma, TX Huron, SD Sacramento, CA Ipswich, SD Salina, KS Kildeer, ND San Antonio, TX Source: Wireless Cable Association 33 ( ~ Disadvantages of MMDS include the following: • There is a current limitation of 33 channels, with even fewer available in many communities, dine to the constraints of channel leasing. • Some program suppliers are reluctant to sell their programming to MMDS operators, since their primary market consists of cable operators. Many large cable operators, in fact, have ownership positions in programming companies. As an example, Turner Broadcasting System and some sports services, currently refuse to make programming ' available to MMDS operators. • The antenna/down-converter installation and the line-of-sight requirements may pose problems for some subscribers. To establish a wireless cable system operation in any area, an MMDS operator would have to do the following: • Lease enough channel capacity to offer a package of programming that would be attractive to both cable subscribers and non- subscribers. This would probably require at least 20 channels, and preferably 25-30. • Acquire or lease an appropriate transmitting facility site, preferably at the highest point available that will provide a direct line-of-sight path to the largest potential audience. • Acquire the programming rights to the desired programming services. • Install the broadcast facility, and the necessary support services, such as billing offices, maintenance vehicles and personnel, warehousing and inventory sites, etc. • Begin promoting and marketing the MMDS service. To date, MMDS operators have aimed at subscribers primarily in areas not served by cable,, rather than at the bulk of cable subscribers. If cable rates continue to increase, however, or if more channel capacity becomes available to MMDS, wireless cable may become a major competitor in the video service market. 34 Within the last year, the FCC has proposed opening up a new frequency band in the 28 Giaahertz range (one Gigahertz equals 1,000 Megahertz) for a new tune of wireless cable. As indicated by the articles in Appendix E, operating in this range permits omnidirectional transmission of video, data and voice signals over a 30-square mile service area ("cell") to window-sill mounted antennas measuring 4.5 inches square. One company, CellularVision of New York, already is offering a 49-channel video service to some Brooklyn residents, operating under an experimental FCC license. The characteristics and economies of this new wireless cable service (tentatively termed Local Multipoin~ Distribution, or LMD) are such that it might well become a formidable competitor to cable in the future, depending to a great extent on any regulatory constraints that may be established. (6) Direct Broadcast Satellite "Direct Broadcast Satellite" (DBS) is the name given to the technology which transmits programming from a satellite directly to subscribers' homes,, without any cable system intervening to receive and retransmit the signals. Since many homes now have their own parabolic antennas ("dishes") and receivers, and already are receiving satellite programming, it is evident that DBS is not a new technique. Past and current DBS systems, however, require dishes 3-10 feet in diameter, at a cost up to several thousand dollars, and therefore have not attracted a large number of users. The projected future DBS systems would contain some new features designed for larger potential audiences, including the following: • The satellites would operate at higher microwave frequencies. This permits the use of smaller, lower cost antennas more compatible with individual residences. • The satellites would transmit at higher power, which also permits smaller receiving antennas and lower cost electronics. As an example, about two years ago, a DBS venture called "Sky Cable" was announced. Four major firms were partners in the venture, (1) National Broadcasting Corp. (NBC), a division of General Electric, (2) Hughes Aircraft, a division of General Motors, (3) Cablevision Systems, a major cable operator, and (4) Rupert Murdoch's international news organization. Sky Cable's objective was to launch high 35 R ~ frequency, high power satellites that would allow individual subscribers to use a "naplkin sized" antenna, costing about $700 (including the ancillary electronics), to receive the program signals. A capacity of up to 150 or more channels was forecast, with an estimated monthly subscription charge of S20 or less. Such a DBS system obviously would be very competitive with cable sy:~tems. More recently, newspaper stories have indicated that the Sky Cable joint ventuz-e has been discontinued. Technical difficulties were cited, as well as problems in acquiring the rights to attractive broarammina, much of which is owned by cable operators who are not motivated to cooperate with potential competitors. One of the four partners, Hughes Aircraft, however, has decided to proceed with the Sky Cable concept: on its own, now calling the project "DirecTV". Hughes; has announced that DirecTV would begin operations in 1994, and also announced that the Disney organization, Paramount Pictures and about 10 other cable networks have already agreed to supply programming for this DBS service. A second DBS service called "USSB" (for United States Satellite Broadcasting) has been announced and is being implemented on a similar schedule as DirecTV. USSB has announced programming agreements with Home Box Office (HBo and Cinemax) and Viacom (The Movie Channel, Showtime, MTV, VH-1 and Nickelodeon). DBS, although a potential competitive threat to cable, is currently in the same category as MMDS in that its impact in the foreseeable future ,appears to be very limited. In the long-term, DBS might well become a major competitor, since it has some advantages over MMDS, including: • Satellites will provide a direct line-of- sight path to virtually every residence, eliminating the possibility of terrestrial interference. • A much larger poi~ential audience is possible, since properly positioned satellites can serve the entire United States, as the current satellite program delivery system demonstrates. DBS, unlike MMDS, however, requires an investment of hundreds of millions of dollars, and therefore represents a much greater entrepreneurial risk, probably restricted to major corporations. 36 (7) Cellular Telephone Technoloav and Personal Communications Networks Within the last few years, there has been a rapid increase in the development of "cellular telephone" technology, which combines both wireless and wire transmission. A cellular telephone is a radio transmitter/receiver. Instead of a telephone call, in a conventional case, being sent from a handset over wires to a central telephone office, and transmitted from there to other locations, in a cellular system the handset emits a radio signal to a receiver mounted on a tower in the local area. Within that area, or "cell", all calls are picked up by that receiver and then relayed to the next cell. By blanketing a region, or even the entire U.S., with enough towers and radio repeaters, calls can be transmitted anywhere throughout the cellular territory. Calls can also be switched, at specific locations, into the traditional telephone network, to be carried the rest of the way. The number of cellular telephones in use has grown dramatically. Calls can now be made to and from airplanes in flight, in which signals are switched from one cell to another as the plane flies. An offshoot of cellular technology, "Personal Communications Networks" (PCN} is now developing. A PCN is essentially a cellular telephone network, except that the cell areas are very small, covering perhaps 500-1.000 homes or businesses. Some of the calls are "intracell", i.e., the communications may be to a neighborhood store, while others are "intercell", i.e., destined for delivery outside the cell. PCN's are quite compatible with cable systems, since both are primarily configured locally. For that reason, a number of major cable operators are experimenting with combinina PCN services with cable services. A typical application is one in which the radio receivers are mounted on the poles that are used to carry cable television cables. This eliminates the requirement to erect special towers, which is a substantial part of the costs of a cellular technology system. The cable system, in addition to reducing tower costs, also can be use to carry the PCN sianals, either to another cell, or to a local telephone office, to be switched into the national telephone network. At this point, it appears that PCN services may become part of the total cable services package offered by cable operators. It is likely that PCN services would be offered first by the larger cable operators in the higher density population areas, because of the economies of scale that can be achieved. 37 The regulatorv status of PCN's is unclear. Obviously, the established telephone companies will lobby to keep cable operators from offering telephone services just as the cable industry is lobbying to keep telephone companies from offering video services. ,Apart from the political maneuvering, it may very well be productive for both industries to combine their efforts in joint ventures. This approach already has :begun, with the largest cable operators, Tele-Communications, Inc. (TCI), Time Warner and others entering into joint development efforts with regional. telephone companies. (8) "Multimedia" Distribution via Cable Recently, there have been press reports that~a number of large computer companies, including IBM, Apple and DEC, have been holding discussions with cable operators to explore the possibilities of joint ventures to enter the "multimedia" distribution business. Multimedia generally includes a mix of video, graphics, alphanumeric and computer-based information, which can be accessed and distributed on an as-desired basis, utilizing cable to distribute the information. Since the storage and rapid manipulation, of vast amounts of information would necessarily involve computers, while the distribution could utilize cable systems, the field appears to favor joint efforts by both industries. To date, however, no formal alliances have been announced, and no specific services developed. In summary, all of the above new technologies may well have some impact upon cable television services. This impact, however, probably will depend, in most cases, as much on regulatory and political factors as on the merits of the technologies themselves. 38 e IV. VAIL CABLE SYSTEM A. General Description The cable system that serves the Town of Vail was originally constructed about 15 years ago, at the time of the first franchise grant to Heritage, and has been modified since. Currently the system has a capacity of 36 channels (300 MHz). There are about 78 miles of cable plant in the Town, including 75 miles of underground plant and 3 miles of aerial plant. The cable system presently serves about 6,000 subscribers in the Town. This averages about 77 subscribers per mile of cable plant, which is equivalent to a high urbanjsuburban density, and generally is an indication of highly profitable operation. Figure 4 indicates the general system design. Off-air Denver broadcast TV signals and satellite-delivered signals are received at the headend. There, the off-air and satellite signals are combined along with local programming, and the combined program signals are distributed to subscribers by the trunk, feeder and drop cables, as indicated. A 300 MHz, 36 channel capacity represents a mid-1970's state-of -the-art. As indicated in Section III, the current state-of-the-art capacity is at least 78 channels. Figure 5 indicates the current programming services available to subscribers. Essentially all of the system capacity is utilized, offering the following mix of programming "Basic" Tier (11 channels) 6 Denver TV broadcast stations 1 Local Origination channel 1 Government access and preview guide channel 1 Public access channel 1 "Adventure" channel 1 "Tabloid" channel "Expanded Basic" Tier (19 channels) 18 Satellite program channels (2 composite services on channels 23 and 33) 1 Preview guide channel Premium Pay Services 6 Per channel services 2 Pay-per-view services 39 Off-Air TV Current system capacity - 300 MHz (36 Channels) Feeder Cable Headend (Avon) r-------- --------------------------------------i i i ' Dwelling Headend Unit Processing Office/ Equipment Studio Satellite Earth Stations ; i school I ~ 1________ ________________________________J Two-Wav Drop Cable Link Trunk Cables Town Hall FIGURE 4 VAIL CABLE SYSTEM 40 V FIGURE 5 CURRENT VIDEO SERVICE L NO. PROGRAM SERVICE _ SOURCE 2 KWGN (Denver - Ind.) Off-Air ~3 Home Box Office (HBO) Satellite 4 KCNC (Denver - NBC) Off-Air 5 PUBACC (Public Aceess) Local 6 KRMA (Denver - PBS) Off-Air 7 KMGH (Denver - CBS) Off-Air 8 PUBACC (Public Access - Leased) Local 9 KUSA (Denver - Denver) Satellite 10 FOXNET ((Fox) Off-Air 11 GOVACC (Government Access - Vail) Local Preview Channel (Avon) } 12 Adventure Channel 13 Tabloid Channel ~lq Encore Satellite ~ 15 Preview Channel (Vail S Avon) Local X16 Cinemax Satellite X17 The Disney Channel Satellite ~lg Showtime Satellite X19 Playboy (Pay-Per-Night) ~ 5ate.llite 20 ESPN ~ Satellite 21 CNN Headline News Off-Air 22 The Weather Channel (TWC) Satellite 23 American Movie Classics (AMC) Satellite QVC (Shopping Channel) 24 C-SPAN (House of Representatives) Satellite I` 25 TBS (Atlanta) Satellite ~ 26 WGN (Chicago) Satellite 27 Arts b Entertainment (ASE) Satellite 28 USA Network Satellite 29 The Nashville Network (TNN) Satellite 30 The Discovery Channel (TDC) Satellite 31 Turner Network Television (TNT) Satellite 32 Cable News Network (CNN) Satellite 33 Consumer News and Business Channel (CNBC) Satellite Prime Sports Network 39 Nickelodeon Satellite 35 Lifetime (LIFE) Satellite 36 Music Television (MTV) Satellite 37 The Family Channel (FAM) Satellite ~qp Request 1 (Pay-Per-View) Satellite ' X41 Request 2 (Pay-Per-View) Satellite ~ Premium Channel 41 r As noted, the two pay-per-view services utilize Channels 40 and 41, which are above the normal cable system range. Special equipment is utilized to deliver the services on an "addressable" basis. Since all of the current cable system capacity is utilized, additional services cannot be offered unless existing programs are dropped. The present channel offerings, however, may vary, in the near future, for two reasons. (1) The "must carry" and "retransmission consent" provisions of the 1992 Cable Act, as described on page 9, will be implemented by October 5. 1993. Many of the negotiations between the cable operators and the local TV broadcasters will take place in the July- September time frame. If there is disagreement on retransmission consent, some broadcast signals may be dropped from carriage on the cable system. (2) The FCC regulations on re-regulating rates are now available. They are fairly complex and require a considerable effort to determine what "benchmark" rates are to be utilized in each franchise area. Because different tier structures for basic service (the lowest cost tier) and video nroarammina service may lead to different benchmarks, some cable operators may choose to restructure their tiers to be able to generate the maximum revenue possible. For example, TCI now charges 510.00 per month (plus franchise .and copyright fees, and applicable taxes) for "Basic" service, and 512.43 per month for "Expanded Basic".Thus, a subscriber taking both tiers pays $22.43 per month (excluding charges for remote controls, additional outlets, etc.). So long as the "average monthly subscriber bill" remains the same, the operator is free to restructure the individual tier :rates before local and FCC rate regulations go into effect. The impact of one or both of these factors may .dictate channel lineup changes in 'the next 3-4 months. 42 B. Technical Performance The performance of any cable system can be described in terms of the technical standards that the system should meet, under all operating conditions, and the reliability of the system, i.e., hvw often problems arise. Related to these factors is the promptness and adequacy of the response, of the cable operator to problems, when they do arise. So far as technical standards are concerned, in March 1972, the FCC established technical performance standards that all cable systems were required to meet, as well as requirements for an annual "proof-of-performance" test that would demonstrate compliance with the standards. These standards are contained in FCC Rules and Regulations (Part 76, Subpart K). In November 1985, the FCC downgraded these standards into "guidelines", which placed in doubt any city's effort to enforce the standards. Further, since the FCC standards were established over 20 years ago, they generally were considered inadequate to guarantee satisfactory picture quality to all subscribers. Nevertheless, the standards remained for many years the only guides that cities could use to monitor the quality of cable service. Concurrent with the downgrade action, the FCC also preempted the area of technical standards, to prevent local governments from establishing their own standards. This preemption permitted cable operators a wide latitude in maintaining cable system performance, as even poor visual sianals can, in many cases, meet the outdated FCC standards/guidelines. As a result, the FCC received numerous and chronic complaints from both cities and cable subscribers. This led to the FCC's reconsideration of cable standards. In September 1991, the National League of Cities and other organizations representing cities and counties, negotiated the issue of technical standards with the cable industry, as represented by the major trade associations. An agreement was reached, and the agreed-upon standards were recommended jointly to the FCC for adoption. The FCC on February 13, 1992, adopted the agreed-upon standards with some modifications, and the new FCC standards are listed is Appendix F. These are considerably more appropriate, in terms of consumer protection and adequate signal quality. Figure 6 compares the requirements of the 1972 and 1992 FCC standards. The most important single technical standard is the carrier-to-noise (also called sianal-to-noise) ratio, since this is a measure of sianal auality, i.e., the 43 FIGURE 6 COMPARISON OF 1972 AND 1992 FCC STANDARDS FCC STANDARDS PART 76-SUBPART R PARAMETER 1972 FCC STANDARDS 1992 NEW (GUIDELINES) FCC STANDi4RDS 1972 1992 (a)(1) Channel frequency As authorized by FCC Same Para. 73.603 (a) (a)(2) Visual carrier 1.25 MHz t 25 kCHz above gequirement dropped ( frequency lower frequency boundary of channel (t 250 k:Hz with converter) (a)(3) (a)(2) Aural carrier 4.5 MHz t 1 KHz above 4.5 MHz t 5 KHZ above frequency visual carrier visual carrier frequency frequency (a)(4) (a)(3) Visual signal level Not less than 1 Same millivolt (75 ohm impedance) (a)(5) (a)(4) Variation in visual Not more than 12 db in Not more than 8 db in signal level any 24 hour period, and any 6 hour interval, within 3 db of adjacent xhich must include test channel (12 db of other performed during a 24- channels) hour period in July or August, and a 24-hour period in January of February, and within 10 db of other channels (a)(6) (a)(5) Aural signal level Between 13-17 db below Between 10-17 db below visual signal level visual signal level (a)(7) (a)(10) Hum level Less than 58 Less than 39 (a)(8) (a)(6) Signal amplitude: t 2 db from 0.75 to 5.0 Same variation with MHz above the lower frequency boundary frequency of channel (a)(9) (a)(7) Visual signal level to Not less than 36 db Not less than 40 db noise ratio ~ (after 1 year, and 43 db after 3 years) (a)(10) (a)(e) Visual signal level to Not less than 46 db Not less than 51 db for coherent disturbances noncoherent systems, or ratio 47 db for coherent channel systems (a)(11) (a)(9) Terminal isolation to Not less than 18 db Same subscribers (a)(12) (a)(14) System radiation Selow 15 microvolts per Same meter 2 100 feet (below 54 MHz and above 216 MHz). Helow 20 microvolts per meter 10 feet (54-216 MHz) 44 relative magnitudes of the desired signal and the undesired interference or "noise" signals. The 1972 standard is 36 db (decibels, a logarithmic ratio), which if barely met, would not result in a visually acceptable signal. By comparison, the 1992 FCC standards require a carrier-to-noise ratio of at least 43 db, which would provide gictures with much less interference. (Note: A phase-in period is provided to achieve compliance. Therefore, a 43 db level would be required by June 30. 1995. Until June 30, 1993, the current standard is 36 db. From June 30, 1993 to June 30, 1995, the standard is 40 db.) In response to TMC's request, TCI provided a copy of the results of a partial proof-of-performance test conducted on the Vail/Avon cable system in January 1993. Appendix G contains the extracts of the test results, which indicate that the cable system meets some of the FCC requirements, at least for the locations tested. No signal-to-noise test data was provided, so that it is not clear whether the cable system meets the new FCC standards in this respect. C. Quality of Service Apart from the results of performance tests, another indicator of quality of service is the number and nature of service calls made over a period of time, Appendix H indicates the number of service calls experienced by the cable system for 1992. Approximately 1.500 service calls were made in the Town. For a total of 6.000 subscribers, this means that 25% of the cable subscribers reauired a service call during the, vear. This is a high percentage and may indicate an aging system that requires considerable service. Appendix H also indicates that a significant percentage of the calls related to home drops and connector problems, which again would be consistent with an older system. D. Local Proaramminq It has been noted that the town, in its franchise agreement with Heritage (Section 21.04.190), committed to allocate 400 of its franchise fees (2% of gross revenues of the cable system) for public access uses. This funding, to date, has gone largely to a local nonprofit community television group, "Channel 23" (now operating on Channel 5). About 5-7 hours of weekday programming are cablecast at present. 45 It is not clear what measure of cost-effectiveness can be applied to this operation. Appendix I contains a subscriber survey form, dated in May 1991, which asks general questions about the viewing of this channel, but the relationship between the T'own's funding of operating costs and the perceived benefit: does not appear to have been established. Appendix I also contains a recent communication from the Executive Director of Channel 23, indicting the public access group's interest in an expansion of financial support. A Town decision in this regard will be required, and obviously will have some impact on the forthcoming franchise negotiations. To determine what kind of local programming facilities may be required in the future, will require an indication o:f priorities by the Town, the schools and the community. Even if the current level of interest is low, it usually is prudent not to "close doors" by negotiating some commitment by the cable operator for facilities. eauipment and channel capacity., to be utilized a.s desired in the future. E. Future System Uparadina In any franchise renewal process, a major item to be determined is whether the cable system will be "upgraded", and if so, when and how. An upgrade can encompass a wide range of options, from simply replacing defective or worn- out components to, in effect, rebuilding much or all of the system. In the latter case, a substantial capital investment is required, in many cases more than the investment to build the system originally, particularly where underground cables have to be dug up again and replaced. Three major reasons for considering an upgrade or rebuild are: • Expansion of downstream channel capacity,, to permit additional subscriber programming. • Improvement of performance specifications and system reliability. • Addition of new capability and services, such as interactive institutional communications,. In this case, the cable system is essentially fully programmed, as has been noted, and an increase in channel capacity is desirable for 'the future. Any significant increase will require a major rebuild, to equal, for example, the current state-of-the-art capability of approximately 78 channels. Digital compression may represent, in the future, an alternative to a system 46 represent, in the future, an alternative to a system rebuild, but when this approach will become cost-effective is speculative at this time. The second reason for upgrading, to improve performance and reliability, may be less critical at this time, since the system test results indicate that the FCC technical standards are being met. Whether and when this will be a problem in the future, however, as the system components continue to age, is difficult to forecast. The third reason, to add new capability, such as interactive institutional fI-Netl communications, depends upon the needs of the community's public agencies. ~~In particular, it depends on whether the public agencies are prepared to commit the necessary operating expense for I-Net operations, since these will be the users' responsibility even if the cable operator provides all of the I-Net capital funds. In this respect, if the cable operator can be persuaded to do a major system rebuild, and if, further, to introduce a "fiber-to-the-serving-area" concept as indicated in Figure 2, then the expansion of this two-way capacity to each public agency becomes much less costly than if a separate I- Net were constructed, and can concurrently be added at some time in the future, without necessitating costly rebuilding. It is of interest to note that TCI already has committed to this approach in other systems. Appendix J describes the scheduled introduction of bidirectional fiber optics into many of TCI's systems. For a conventional upgrade ar rebuild, where cable must be replaced, the upgrade cost might be 530.000 a mile for underaround areas and S10,000 a mile for aerial areas. If most of the cable can continue to be utilized, the upgrade might cost 55,000-510,000 a mile for that portion of the system. In addition, converters might have to be replaced with higher-capacity and/or addressable units, at a cost of up to $150 per subscriber. For approximately 78 miles of cable in the Vail system, the cost might be $2,000,000 or more, including converter replacement cost. It is likely that a "fiber-to-the- serving-area" design could be implemented for about the same cost. A 52.000.000 investment, for a system with 6,000 subscribers, is equivalent to a capital cost of about 5333 per subscriber. To recover this investment in 5 years would require added revenue of about S5.55 per subscriber per month, without adding imputed interest costs. This magnitude of rate increase might be feasible, but could 47 inhibit the ability of the operator to levy the "normal" rate increases in addition. For a 10 year term, the recovery would equal about 52.78 a subscriber a month, while for 15 years it would equal about S1.85 a subscriber a month. Consequently, the ability to achieve a major rebuild of the cable system is closely linked to the franchise term, as are all high-cost items. F. Financial Cabability Appendix K provides the financial statements 'for the Vail cable system for the year ending December 31, 1992. It can be seen that, for a gross revenue of 52.211.357, the net income was 5266,424. The system's cash flow, which is a more indicative measure of financial health, was the net profit, plus debreciation and amortization charaes (which are retained by the company and available for any expenditure) of S308.466, for a total of 5574,890. Thus, the cash flow was about 26% of total revenues. This performance indicates that the Vail cable system is economically healthy, and can support the costs needed to rebuild or upgrade the system. 48 V. TCI FRANCHISE RENEWAL PROPOSAL In February 1993, TCI submitted a franchise renewal proposal to the Town for consideration. The main features of the proposal include the following: (1) A 15-year renewal term, with a 5% franchise fee. (2) Standard service will be provided to currently unserved residences when the density reaches 20 homes per plant mile, contiguous to the existing plant. Lower density areas will be served on a "cost- sharing" basis, in which higher installation charges are required. (3) The system will be upgraded, within 3 years, to a 78-channel (550 MHz} capacity. Approximately 20 miles of fiber optic cable will be utilized as trunk feeder cable, to reduce the present long amplifier cascades and improve picture quality and reliability. (4) Standby power will be provided. (5) An emergency alert will be provided. While these features are desirable, a number of questions arise that should be explored as part of the renewal process. Some of these, for example, include: (1) The exact extent and nature of the fiber optic portion of the upgrade, and whether a fiber-to-the-serving-area approach can be utilized. (2) The capability and activation of two-way communications capacity. (3) The extent of support for local programming, including PEG access. (4) The possibility of "universal service" to all Vail residents. (5) The establishment and enforcement of customer service standards. (6) The mechanisms for enforcement of franchise commitments. These issues are discussed in Section VI below. 49 VI. FRANCHISE RENEWAL ISSUES A. Kev Renewal IssuE~s (1) Renewal Term The renewal term is a major negotiating item, since the cable system operator normally desires as long a term as possible. Some cities view a short term as a major objective as it allows a riew round of negotiations sooner, but a strong argument alsc? can be made that the short term primarily benefits the cak>le operator and disadvantages the cable subscribers and access users, since the operator generally does not invest new funds in the system, and lets it deteriorate. In most cases, if a major system rebuild and/or PEG access capital grant is desired, a longer franchise term may be necessary. The term sriould probably be one of the last items negotiated, after it: is determined what new capital investments in the cable system the operator is willing to make. (2) Level and Quality of Service Although the 1984 Cak~le Act placed all authority to select specific cable services in the hands of the system operator, almost all cities are concerned that their residents have as broad a choice of services as are provided to comparable other communities. In effect, this mean; that there is a valid public interest in assuring that the cable system has the capability to offer the full range of services commonly offered in other systems. Since two-way services are not yet commonly offered, the primary capability of concern at present is the one-way channel capacity of the system, which determines how many programming services can be provided to subscribers. The 36-channel capacity of the Vail system is substantially lower than t:he present state-of-the-art (up to 78 channels). Over the course of a new franchise term this limitation may become severe. What capacity will be adequate is an open question. One factor is whether more attractive new program services will become available. While new networks and channels are being announced almost daily, many of the existing services are not profitable and many others are merging in an attempt to remain viable. The number of programming services with significant audiences, that will exist some 5-15 years from now, is therefore almost impossible to predict. 50 It is reasonable, however, to expect that an upgrade should expand channel capacity to the maximum, consistent with reasonable costs and available state-of-the-art equipment. As has been noted, at .present a 78-channel (550 MHz) system is considered as the commercial state-of-the- art. TCI has recognized this in its renewal proposal, so that this issue may be moot. Along with the number of programs offered there is a concurrent public interest in the auality of service that is provided. Since the cable system is a de facto monopoly, it is the Town's responsibility to assure that some minimal quality and consumer protection standards are met. The two Cable Acts recognize this, and vest the local franchising authorities with the power to establish and regulate consumer service standards. These should be incorporated into an updated cable regulatory ordinance and/or the franchise renewal agreement. (The recommended modifications to the Town's ordinance contain such service standards.) Finally, with respect to new categories of service, such as two-way services, it probably is not reasonable for a city, particularly a smaller one, to attempt to force its cable system operator to pioneer those services, at great financial risk. The other extreme, however, in which the Town may have to wait until the franchise term expires until it can negotiate for the capability to provide new services that may have been offered routinely for many years on other systems, also does not appear fair. A course between these two extremes, which establishes some "trigger mechanisms" that require the capacity for new services to be provided after some percentage of comparable systems are providing those services, appears to be a reasonable approach. A "most favored nations" provision, which ties these services to their offering in other specifically designated communities, may be desirable. In summary, the Town's interest is in: • Having a present system capacity sufficient for current and future services. • Establishing and enforcing reasonable consumer service and protection standards. • Establishing a mechanism for system uparadinq prior to the end of the franchise term, if comparable systems are providing new capabilities. 51 (3) Public Benefits The public benefits that can accrue from a cable franchise usually consist of the franchise fee, which provides revenue to the Town in return for the use of public rights-of-way by the cable system, and use of the cable system by educational and yovernment agencies, and by community groups and members of the public. This utilization, or PEG Access, is sanctioned by the 1984 Cable Act, and prior to that, was established as far back as 1972 by FCC regulations. The Town should receive the maximum allowable franchise fee (50 of gross receipts) as this is a standard requirement for almost all cities at present. With respect to PEG access, as noted, the Cable Act permits a city to request the cable operator to provide PEG access facilities, equipment and channels, if these can be related to community needs, and if, also, their cost is considered reasonable. ThE~ operator, however, cannot be required to pay ongoing operational expenses for PEG access. The operating costs for access have in the past been largely covered by the town's allocation of 40% of its franchise fees, but the Town may not wish to continue this indefinitely. In times of shrinking government budgets, municipal departments must compete with each other for those funds that are available. In this context, the question of cost-effectiveness of PEG access programming becomes important. A number of other communities have attempted to deal with this issue by broadening the conventional definition of access to include communications services that not only expand outreach to the community, but also help to reduce the cost of operations of government and educational services. Appendix L contains descriptions of the "24-hour City Hall" service and distance learning applications for schools, which have this objective in mind. With these types of cable-related services, access budgets become much more justifiable because savings are achieved in other areas. (4) Franchise Enforcement Capability Perhaps the single mo:~t significant deficiency in older cable television franchises is the lack of any practical and rapid mechanism for enforcing the operator's commitments. The theoretical ability to revoke the franchise is not practical, except perhaps in a few "last-ditch" cases, since it inevitably leads to protracted, expensive litigation. Similarly, performance and construction bonds usually 52 f require the successful prosecution of a lawsuit against the bonding entity before the proceeds can be collected. To solve this dilemma, many communities now are negotiating for the ability to assess damages or penalties prior to litigation, with the cable operator able to litigate after the assessment, if it believes that the assessment was unwarranted or arbitrary. With this approach, correction of, or relief from, franchise violations may be achieved within a reasonable time period. The approach can be implemented, as one example, by requiring the operator to post an irrevocable letter of credit, with agreed-upon procedures for assessment, if the operator has been provided due process, which usually includes written notification of the violation and a reasonable opportunity to cure the violation. Typically, a letter of credit is required by any franchise renewal agreement. The magnitude of the amount required should be proportionate to the size of the financial commitments made by the operator. B. Recommended Renewal Reauirements Based on the foregoing analysis, Figure 7 contains a list of recommended renewal requirements for the Town's consideration. The recommendations are considered a reasonable basis for establishing the parameters of forthcoming negotiations, but should be reviewed by the Town and other interested public agencies prior to establishing final requirements. The list does not attempt to place priorities, on each item, which should be done by the Town. The four maior items are expected to be: (1) The details of the system rebuild including any requirements for fiber optics and future I-net capability (primarily for schools). (2) The level of PEG access support provided by the cable operator. (3) The franchise renewal term. (4) The franchise enforcement mechanisms. These items generally are negotiated, together with others, as part of a "total package". It is to be expected that if the Town places a high priority on any one item, such as the level of PEG access support, it may have to be more flexible on other items of the package. 53 FIGURE 7 RECOMMENDED RENEWAL REQUIREMENTS ITEM RECOMMENDATION I COMMENT Service Area All dwelling-units in the Town, at TCI's current and proposed "line standard installation and monthly rates. extension policy" which results in extra costs for some residences, is not Free drop connections and basic service unreasonable, but a "universal service" to all governmental and educational approach may be preferable. institutions. Two-way capability for selected locations. Franchise Fee 5~ of annual gross receipts (the maximum ~No reason is seen to accept a lower (permissible). amount. Franchise Renewal Term (Based upon enforceable commitment to new (This is a major negotiation item. investment in the cable system. System Upgrading Specific plan and schedule for expansion The details and timing of the rebuild and/or Rebuilding of downstream channel capacity, are a major negotiation item. TCI's preferably to at least 78 channels (550 renewal proposal contains some, but not MHz), with fiber optics "to-the-serving all, of these features. area" design. Two-way fiber connection to all public buildings. Trigger mechanism for activating two-way Use of a "most favored nations" clause communications capacity, based upon can be considered. activation in other comparable systems. System Technical (New FCC Technical Standards used as Standards minimum standards. 54 ITEM RECOMMENDATION I COMMENT 1 Customer Service and To be incorporated in updated regulatory Should have concurrence of cable 1111 Consumer Protection ordinance. operator, but Cable Act grants authority Standards to Town to establish reasonable standards. Regulatory Capability To be incorporated in updated regulatory Should have concurrence of cable ordinance. operator, but Cable Act grants authority to Town to regulate consistent with federal law. PEG Access Equipment Funding for PEG access equipment and Will require a source of ongoing and Facilities facilities to be provided by TCI, operating expenses, now paid by the appropriate to meet near-term and future Town. cable-related needs. The funding should be adequate to meet defined PEG access objectives. PEG Access Channels Provision of dedicated capacity up to perhaps 3 channels (after system rebuild) based on level of use, and commitment of operating expenses by the user. Emergency Alert Capability to override the audio portion TCI has proposed this. Capability of all cable channels in the event of a Town emergency. Franchise Provision of security fund that can be The enforcement mechanism should provide Enforceability assessed in the event of franchise relief prior to entering into breaches litigation. 55 VII. CONCLUSIONS The foregoing technical and performance review leads to the following conclusions: (1) The present Vail cable system is a conventional design, with a 36 channel (300 MHz) capacity that essentially represents a mid-1970's configuration. (2) The system's technical performance appears generally adequate, at present. (3) The service call statistics indicate an aging system which may deteriorate in the future. (4) Initial Town action should include consideration and adoption of the modifications to its current regulatory ordinance. This should be effective prior to execution of the franchise renewal agreement. (5) The key technical issues for a system upgrade include: • Expansion of channel capacity to achieve at least the current state-of-the-art (78 channels) by a defined schedule. • Technical performance to meet all of the 1992 FCC standards, as a minimum. • Use of a "fiber-to-the-serving-area" approach, which will include closed- circuit, interactive communications capability, including video, data and voice. • Connection of all public facilities to the cable system, with selected facilities activated for a transmission as well as a reception mode. (6) The Town, in preparation for the forthcoming renewal negotiations, should establish priorities for the features desired. These will dictate the Town's position on the provisions of the renewal agreement. 56 APPENDI% A CURRENT FRANCHISE AGREEMENT , (CHAPTER 21.04) HERITAGE CABLEVISION FRANCHISE AGREEr~tENT the commencement of system construction, that any material provision of this chapter or any franchise granted pursuant [hereto, is invalid or unenforceable, then in such event, the town shall retain the right to renegotiate any franchise entered into prior to any such rule, decision or other action. For the purpose of this section, "commencement of system constnrction" shaA mean the first day that - physical construction, including but not limited to, the placing of cable on poles or underground, actually begins. (Ord. 18(1989) §45.) 21.02.460 Severabifity. If any provision, section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, void or invalid or for any season unenforceable, the validity of the remaining portions of this chapter shall no[ be affected thereby, it being the intent of the town council in adopting and approving this chapter then no portion hereof or provision or regulation contained Herein shall become inoperative ar fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and all provisions of this chapter are declared to be severable. ford. 18(1989) §46.) Chapter 21.04 HERITAGE CABLEVISION AND TOWN OF VAIL FRANCHISE AGREEMENT Sections: 21.04.010 Grant of franchise. 21.04.020 Representations and warranties of Heritage. 21.04.030 Effective date of franchise; effect upon existing franchise. 21.04.040 Term. 21.04.050 Franchise non-exclusive. 21.04.060 Cable television ordinance incorporated. 522-37 (Vail 12•«9-89) FRANCHISES 21.04.070 Definitions. 21.04.080 Service area. 21.04.090 System design and capacity. 21.04.100 Right of inspection. 21.04.110 System services. 21.04.120 Access and institutional services. 21.04.130 General provisions. 21.04.140 Subscriber rights and complaints. 21.04.150 Privacy policies. 21.04,160 Franchise renewal. 21.04.170 Transfer of ownership or control. 21.04.180 Police powers. 21.04.190 Franchise fee. 21.04.200 Rates and charges. 21.04.210 Insurance. 21.04.220 Cooperation. 21.04.230 Waiver. 21.04.240 Cumulation of remedies. 21.04.250 Compliance with federal, state, and local laws. 21.04.260 Notices. 21.04.2'10 Captions. 21.04.280 Company shall hold town fiarmless. 21.04.290 Time is of the essence. 21.04.300 Construction of agreement. 21.04.310 No joint venture. 21.04.320 Entire agreement. 21.04.330 Severability. 21.04.010 Grant of franchise. A. Heritage is hereby granted, subject to the terms and conditions of this franchise agreement, and the franchise ordinance, the right, privilege and authority to construct, operate, maintain and reconstruct a cable television system within the streets, alleys, easements or such easements as are broad enough to allow the installation of cable television facilities, and public ways of the town. Heritage shall provide a modern and uniform town-wide cable communications system to the residents and institutions of the town in accordance with this franchise agreement. 522-38 (V~il 12.29-89) HERITAGE CABLEVISION FRANCHISE AGREEMENT B. Ttis franchise is subject to Ordinance No. 18, Series of 1989, of the Town of Vail and other ordinance provisions now in effect or hereinafter made effective. Nothing in this agreement shall be deemed to waive the requirements of the various codes and ordinances of the town regarding permits, fees to be paid, or m~uuter of conswcaoa C. For the purpose of operating and maintaining a cable television system in the town, Heritage may erect, install, cons[ruct, repair, replace, reconswct, and retain ovei, under, or upon the public streets, available easements, alleys and ways within the to~~-n, such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other progeny and equipment as are necessary and appunenant to the operation of the cable television system in conformance with the town's specifications. Prior to any construction or alteration, however, Heritage shall file plans with the appropriate town agencies and utility companies and receive written approval before proceeding. D. UFton receipt of any notice to the effect that Heritage is required to comply with laws or regulations inconsistent with the provisions of this franchise, or upon a determination that any provision hereof is for any reason invalid, the town shall have the; right to modify or amend any section or sections of [his franchise to such reasonably extent as may be necessary to carry out the full intent and purpose of ttis franchise. (Ord. ].9(1989) §1,) 21.04.020 Representations and warranties of Heritage. A. Heritage represents and warrants that it shall comply with all • ~ ~ • - - • ~ ~ ~ provisions of the franchise; B. Heritage represents and warrants that neither it nor its representatives or agents have committed any illegal acts or engaged in any wrongful conduct contrary to, or in violation of any federal, state or local law or regulauon in connection with the obtaining of this franchise; C. Heritage represents and warrants that it is a corporation licensed to do business in Colorado and has full right and authority to ender into and fully perform the franchise; 522-39 (V~i] 12.29-89) FRANCHISES ~ D. Heritage represents and warrants that all corporate action required to authorize the acceptance of the franchise and execution and delivery of this agreement and all other documents to be executed and/or delivered by Heritage pursuant to the franchise and to authorize the performance by Heritage of all of its obligations under the franchise, and all such pther documents to be executed and/or delivered by Heritage have been validly and duly acted on and are in force and effect; E. Heritage represents and warrants that the franchise and all other documents executed and/or delivered by Heritage have been duly accepted and executed; F. Heritage represents and warrants that it has carefully read the terms and conditions of the franchise and accepts the obligations imposed by the terms and conditions of the franchise. (Ord. 19(1989) §2.) 21.03.030 Effective date of franchise; effect upon existing franchise. A. Heritage shall have thirty days from the date of adoption of this chapter to accept the grant of a franchise by executing the franchise agreement. Such acceptance by Heritage shall be deemed the grant of this franchise for all purposes and immediately up<~n the taking effect of this franchise agreement, the prior franclJ.~e granted to Heritage or their predecessor in interest on September 3, 1974 by the passage of Ordinance No. 14 shall be superseded and have no further force and effect; provided however, vested rights relating to billings and the town's rights to accrue and collect franchise fees shall not be affected thereby; and provided, further, that any criminal proceedings commenced under or pursuant to said franchise shall in no manner be affected. in the event acceptance does not take place within thirty days or such other time as the town might allow, this franchise shall be null and void. B . Upon acceptance of this franchise, Heritage shall be bound by all the terms and conditions contained herein. Heritage shall provide all services and offerings specifically set forth herein to provide cable television services within the town. C. With its acceptance, Heritage also shall delivery to the town a certified resolution of Heritage evidencing its power and 522-40 (Vail 12.29.89) HERITAGE CABLEVISION FRANCHISE AGREEMENT authority to accept the franchise. Such document shall also describe officers authorized to accept on behalf of Heritage. D. With its acceptance, Heritage shall also pay all costs and expenses, including attorneys fees, incurred by the town in connection with the renewal process. The town shall provide an itemized statement to Heritage. Costs or expenses of the town not identified at tha[ time shall be paid promptly by Heritage upon receipt of an itemized statement from the town. It is the intent of the town and Heritage that the town be reimbursed for all cents and expenses, including attorneys fees, in connection with the granting of the franchise including any subsequent expenses due w delays or litigation pertaining to the grant of the franchise. This fee shall be Ien.thousand dollars, and shall tae in addition to the franchise fee or any other payments required hereunder. E. With its acceptance, Heritage shall also deliver any security deposit, letter of credit, insurance certificates, performance bonds, and equipment grartt requited herein. (Ord. 19(1989) §3.) 21.04.040 Term. The franchise granted hen:under shall be for a term of five years from August 15, 1989. (Ord. 19(1989) §4.) 21.04.050 Franchise non-exclusive. This franchise shall not be constnred as any limitations upon the right of the town to grant to other persons, rights, privileges, or authorities similar to the rights, privileges and authorities herein set _ : forth, un the same or other streets, alleys, or public ways or public places. The town specifically reserves the right to grant at any time . during the term of this agreement or renewal thereof, if any, such additional franchises on the same or similar terms, for any cable television system as i[ deems appropriate. (Ord. 19(1989) §5.) 21.04,060 Cable television ordinance incorporated.t All terms, conditions, and provisions of the Town of Vail Cable Television Franchise Ordinance shall be deemed to be embodied in 522-41 tv.il tz-z9-a9~ FRANCHISES ' ~ this franchise agreement, and the express terms of the ordinance shall prevail over conflicting or inconsistent provisions of this franchise agreement. (Ord. 19(1989) §6.) Z1.O~i.070 Definitions. The following words and phrases, when used in this agreement, shall, for the purpose hereof have the meanings ascribed to them in this section. . A. "Cable communications s~~stem" or "system" shall mean a facility consisting of a set of transmission paths and associated signal generation, and reception and control equipment. under common ownership and control, that distributes or is designed to distribute to public subscribers cable television services, insti[utional services, or other communications services, but such terms shall not include: l . A facility or combination of facilities that serves only to retransmit the television signals of one or more television broadcast signals; 2. A facility or combination of facilities that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities use any public right-of-way; 3. A facility of a common carrier which is subject, in whole or in part to the provisions of Title Il of the Communications Act of 1983, as amended: except that such facility shall be considered a cable system [other than for the purposes of 47 U.S.C. 541(c)] to the extent such facility is used and the transmission of video programming directly to subscribers; or 4. Any facilities of an electric utility used solely for operating its electric utility system. B. "Channel" shall mean a six megahertz (MHz) frequency band which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals, or some combination of such signals. C. "Downstream" shall mean signals originating at the head end or hub and transmitted to subscribers. D. "Earth station" shall mean equipment used to receive signals from or transmit signals to a communications satellite. 522-2 (Vail 12.29.89) HERITAGE CABLEVISION FRANCHISE AGREEMENT E. "franchise grant ordinance" shall mean the ordinance granting a franchise w a grantee. F. "Head end" shall mean the facility, including antennas and associated electronics which receives, controls, and switches the electronic information transmitted over the cable communicatons system. G•. "Residential service" shall mean any service delivered by the cable communications system principally to subscribers in their dwelling units. I•l. "School" shall mean any duly accredited non-profit educational inscitudon, including primary and second schools, colleges and urtiversities, both public and private. I. "State-of-the-art" shall mean any cable communications system, components, or equipment accepted and used in the cable communications industry which is the most modern and advanced equipment generally accepted and used in the cable communications industry. I. "Wire tapping" shall mean the unauthorized recep[ion of a communications signal. K. "1'wo-way" shall mean the simultaneous transmission of upstream and downstream signals through a cable communications system. (Ord. 19(1989) §7.) 21.04.0$0 Service area. A. Line extension. Heritage shall offer cable television service to all areas of the town in accordance with the following line extension policy. In the city limits of the :own as they stand on August 15, 1989, Heritage shall, provide service to any dwelling unit or commercial subscriber that is served by the existing system and in other areas where there are at least thirty residential dwelling units or commercial units per mile of cable plant. In other areas annexed to the town or developed after August 15, 1989, Heritage shall provide service to any new dwelling unit or commercial subscriber where there are at least twenty_dwelling units or commercial units per proposed additional cable plant mile. 522-43 (Vail 12 •?9.89) FRANCHISES ~ Further, in other areas with less than thirty dwelling units or commercial units per proposed cable plant mile, Heritage shah _ offer acost-sharing arrangement with residents. Heritage's share (set herein as fifty percent per subscriber) _ shall be recalculated annually and based upon then-current costs for labor and materials. Residents desiring cable television services shall contribute the remaining costs for line extensions to provide services to their dwelling units. The town and Heritage shall derive future cantribution amounts based on average annual costs for thirty homes per mile, it being understood that the costs for undereround not be the same. Any contribution-in-aid of construction provided by a subscriber pursuant to this section shall be promptly refunded to such subscriber without interest if, and at such time as, such subscriber's premises is served by system distribution lines which pass at least forty occupied dwelling units per linear mile of cable plant, provided, however, that no such tufund need be made if the date on which such refund should be due is more than five years from the dale Heritage initially provided service to such subscriber. At the time such contribution-in-aid is accepted, Heritage shall notify, in writing, each such subs~nh~;r from whom such contribution-in-aid is accepted that the amount paid by the subscriber as contribution-in-aid is refundable ur~~Ser ttte ternts and conditions hereof. Heritage shall obtain acknowledgment, in writing, from each such subscriber that the notification has been given, along with the address to which such reimbursement shrill be made. It shall be the responsibility of each subscriber to keep Heritage informed, in writing, of the current address of the subscriber to which reimbursement should be mailed, and Heritage will be deemed to be in compliance with ' ~ ~ this section, by mailing, certified mail, return receipt requested, the reimbursement to the subscriber at the last address furnished by the subscriber, if such reimbursement is returned to Heritage as undeliverable, the reimbursement shall belong w Heritage. B. Heritage shall provide service to all annexed areas of the town within nine months of obtaining easements and appropriate permits. Heritage shall make every reasonable effort to obtain easements within three months after the effective date of such annexation. If easements am unavailable due to circumstances beyond the control of Heritage, Heritage shall make every 5~?~ (Vail 12.29.89) - HERITAGE CABLEYISION FRANCHISE AGREEMENT reasonable effon to find an alternative route to provide cable television service. Heritage shall report periodically to the town on its progress in providing service to annexed areas of the tovm. (Ord. 19(1989) §8.) 21.04.090 System design and capacity. - A. Present system overview. Heritage will maintain the existing cable communication system as astate-of-the-an system. Parties understand and agree that at the time of this franchise that system coruists of a residential network with a capacity of three hundred MHz. The present system is currently capable of carrying thirty six channels and there are currently thirty-one activated channels. The broad categories are video and other services as set fonh in Exhibit A2. The current system [r~ansmits all basic channels unscrambled so that they are available to cable-ready TV sets and video cassette recorders without the need for a converter. BTSC standard stereo shall be broadcast on al! those channels as indicated in Exhibit A. B. Community information service. Heritage shall provide a community information service channel to be used exclusively by the town. Heritage shall provide to the town, free ofcharge, - - one Texscan SG-EBN character generator with two remote keyboarris with a minimum of fifty-eight page memory and color graphics, and a video switching capability to enable the playing of video tapes. Said equipment shall be located in such public buildings as may be designated by the town with ability to transmit signals to the head end. The equipment will be installed by .Heritage and remain the property of Heritage, and all - maintenance, except that required because of gross neglec[ or intentional injury by the town shall be responsibility of Heritage, provided that the equipment is delivered and picked up a[ Heritage's repair facility. The community information channel and the equipment referred to above shall be provided within six months from the date this contract is executed. C. Public educational and governmental access. in addition to the community service channel, Heritage shall provide, at no cost to the users, at least one specially designated channel available for governmental, educational and public access. )n the event that 522-a 5 (Vail 12.29-a9) FRANCHISES said specially designated access channel is in use by the general public, local educational authorities and local governmental units during seventy-five percent of the weekdays (Monday through . Friday) for seventy-five percent of the time for six consecutive weeks for non-charac[er generated programming using film, video or live telecasting, and the town makes a demand for use of an additional channel for access, Heritage shall have six months in which to make available one more specially designated access channel. ' , D. Technical standards. The minimum technical standards shall be the minimum standards set forth by the Federal Communications Commission in their rules, as amended fmm time to time, or any rules that supersede such rules. Regardless of the technical standards that may be applicable the system shall be capable of providing to subscribers video and aural signals of consistently good quality. Should the FCC cease to preempt the town's authority to set technical standards, the minimum technical standards shall be as follows: 1. Heritage shall construct the system in accordance with the [ethnical specifications in Exhibit C3 and performance standards set forth herein using materials of good and durable quality. All work involved in construction, installation, maintenance and repair of the system shall be performed in a safe, thorough and reliable manner. 2. 7fie system shall be maintained in accordance with the highest accepted standards of the industry to the end that the subscriber may receive the highest and most desirable form of service. a. The system shall be capable of passing the entire VHF and FM spectrum, and it shall have the further capability of convening UHF for the distribution to subscribers on the VHF band. b. "I'lte system shrill be capable of transmitting and passing the entire spectrum of color television signals without material degradation of color, fidelity and intelligence. c. The system shall be designed and capable of twenry- fourhours per day continuous operation. d. The system shall be capable of and will produce a picture upon any subscriber's standard production television screen in black and white or color (provided 522-46 (V~i1 12.29.89) HERITAGE CABLEVISION FRANCHISE AGREEMENT the subscriber's television set is capable of producing a color picture) that is undistorted and free from ghost images and accompanied by proper sound, assuming the subscribers television set is in good repair, and that the television broadcast signal transmission is satisfactory. In any event, the picture produced shall be as good as the state-of-the-art and the off-the-air signal received permit. e. The system shall transmit or distribute signals of adequate strength to produce good pictures with good sound in all television receivers of all subscribers without causing cross modulation in the cables or interference with other electrical or electronic systems. f. Heritage shall nat allow its cable or other operations to interfere with the television reception of persons not served by Heritage, nor shall the system interfere with, obstruct or hinder in any manner the operation of the various utilities serving the residents of the town. g. Heritage shall continue, throughout the term of this franchise, to maintain the technical standards and qualiry of service set forth in this chapter. 3. In addition to the FCC required annual proof of performance testing, the town may require periodic tests of the technical performance of the system to enforce full compliance with the FCC's minimum technical specifications and performance standards as set forth in Exhibit C, The reasonable cost of said test shall be paid by Heritage. Heritage shall not be responsible for the cost of testing which occurs more fn:quently than once a year. 4. The system shall be installed and maintained in such a manner so as not to unreasonably interfere with police, fire and other licensed radio communications, noncable television reception, lawful use of citizen band, ham radios .and other lawful communications media. E. Satellite earth station. The system configuration shall include satellite earth station capability to receive signals simultaneously from all operational U.S. domestic satellites carrying at least four non-duplicated non-premium cable entertainment services. Heritage shall provide a sufficient number of earth stations to receive signals from all operational U.S. communications 522-47 (Vail 12-29.89) FRANCHISES ` satellites that generally carry programs available to cable systems throughout the life of the franchise. F. Capacity for interactive residential services. The cable communications system shall have the capacity for interactive residential services including, but not limited to, security alarm monitoring, home shopping, energy management, video techs, subscriber polling, video games, meter reading, artd one-way or interactive education. The cable system shall also have the capability for providing shop at home and electronic banking services. All customer equipment necessary for such services such as addressable interactive converters, home terminals and home detectors shall be provided to subscribers by Heritage in accordance with established and uniform rate schedules. G. Standby power. Heritage shall provide standby power generating capacity at the cable communications system control center and at major trunk line locations. Heritage shall maintain standby power systems supplies, rates for at least four hours duration, throughout the distribution networks. 1i. Frequency availability. Heritage shall use its best effons to assure the availability of appropriate frequencies to be used on the cable communications system. Heritage shall at all times during the term of the franchise comply with all rules and regulations promulgated by the FCC regarding frequency usage and cable television system requirements. I. Addressable capability. The cable communications system shall be addressable with capability Cor users to acquire signal security for selected channels and subchannels through techniques such as signal scrambling or encoding. the addressable features shall be activated at such time as services are provided. l . Technological improvements to system. ] . Heritage shall have a continuing obligation to improve and expand the system consistent with changes and _ . developments in the cable communications industry, the public interest, prudent business judgment and reasonable economic considerations. 2. In the event that either. (a) Heritage, its parent companies or affiliates have installed technological improvements in at least twenty-five percent of the other cable television systems owned by Heritage, its parent companies or affiliates; or (b) at feast twenty-five percent of the cable 522-8 (Vail 12-29-89) HERITAGE CABLEVISION FRANCHISE AGREEtv1ENT television franchisees or cable television license or permit holders in cities in the State of Colorado with populations in the range between eight thousand and twenty thousand have cable television systems which increase channel capacity or bidirectional capacity, provide improvements in technical performance, provide for interconnection or provide other substantial improvements over that provided to the town in this franchise, then Heritage shall make said improvements available to the town system subscribers. Heritage shall promptly notify the [own manager of the occurrence of either such event. 3. if the town council determines that either of the events described in paragraph 2 have occurred, [hen the town attorney shall send written notice thereof to Heritage specifying: (a) the particular improvements so required: and (b) the date by which such improvements shall be completed, which shall not be unreasonable taking into account the estimated time actually necessary to ins[all such improvements. K. Ernergency override. Commencing January 1, 1990, the system shall include an "emergency alert" capability which will permit the mayor or the mayors designated representative in the event of an emergency affecting the public health, safety or welfare to intelnrpt signals distributed over the system by Heritage and override the audio of all channels or allow for video crawl over all such channels, in either case for the purpose of delivering messages necessitated by such emergency. The town council in consultation with the mayor and Heritage shall establish rules and regulations governing the exercise of power by the mayor pursuant to this sccdon. (Ord. 19(1989) §9.) 21.04.100 Right of inspection. The town shall, at its own expense, have the right, but not the obligation, to inspect all construction and installation work performed (subject to the provisions of this franchise) and shall make such tests as it shall find necessary to determine compliance with the terms of this agreement and other pertinent provisions of the law; provided, however, that the town shall be permiaed [o charge 522-49 (Vail 12.29-89) FRANCHISES ` heritage its usual and customary fees for the inspection of construction in public rights-of-way; and provided, further, that such inspection and tests shall not materially interfere with the provision of subscriber services. Any delays in construction due to the inspection shall not be reason for default. The town shall also have the tight, but not the obligation, to have all construction and installation work performed (subject to the provisions of this franchise} reviewed by an independent engineer: to determine whether all consuucdon or improvements are in compliance with the franchise; all technical standards are being met; and there is compliance with all applicable town codes and standards. [f such testing indicates that the system does not meet all required technical standards, Heritage shall bear the expense for such testing. (Ord. 19(1989) §IU.) 21.0.3.110 System services. A. Initial residential subscribers services and programming. Attachment A which is incorporated herein by reference describes the composition of the basic service tier and other services which Heritage shall initially provide. In accordance with the Cable Act, Heritage shall, for the term of the franchise, maintain the mix, quali[y and level of programming set fonh in Attachment A. However, Heritage agrees that it shall, at all times during the term of the franchise, provide one national public radio station to subscribers if any national public radio signal reaches the Vail Valley or is available by satellite. B. Leased access channels. Heritage shall offer leased access channel capacity at such terms and conditions and rates as may be nego[iated with each lessee subject to the requirements of Section 612 of the Cable Act of 1984 (47 U.S.C., Section 612) as amended. (Ord. 19(1989) §11.) 21.©4.120 Access and institutional services. In order to develop local programmir,n, Heritage hereby agrees to provide the following: A. Local programming production equipment as set forth in Attachment B which is incorporated herein by reference or sz2-so (Vail 1:•29-89) HERITAGE CABLEVISION FRANCHISE AGREEMENT comparable equipment. Further, Heritage shall contribute to the town, for the purchase of additional local programming production equipment, an amount not to exceed forty thousand dollars__per year far any two years during the tens of his _ franchise for a total sum not to exceed eighty thousand dollars. The equipment to be purchased shall be~specified in writing to Heritage by the town. All equipment so provided shall be new and of the type and brand specified or its equal. All local programming equipment shall remain the property of Heritage but shall be made available for the use of the public, governmental and educational entities, and individuals at no cost pursuant to such rules and regulations as may be promulgated in accordance with subsection B hereof. ALl such public access production equipment shall be maintained by Heritage and shall be fully replaced with comparable state-of- the-an equipment as necessary or upon reasonable request of the town based on obsolescence or usability. B. Production studio. Heritage shall maintain the existing public access production studio (or one similar) containing the equipment specified in Attachment B. Heritage shall adopt business hours which shall provide for use of the studio during weekdays, weekends and evening hours up to a total of forty hours per week. Heritage shall establish rules, if necessary and with the approval of the town, to ensure that the studio is available equitab]y to Heritage and governmental, educational and public sectors. Heritage may contract with Vail Community Cable TV Corp. or any successor thereof to manage studio, T'he public access channels shall be available on a t-irst come, first served basis at no charged to any individual, association, or organization desiring to utilize them; provided, - however, that Heritage may deny the ribht to use such facilities for commercial purposes. C. Staffing and training. Feritage shall provide adequate staffing for the access studio and for training of the public in the use of prn~fuction equipment. Heritage shall from time to time conduct workshops to train community and access users in television production techniques and equipment. D. Access rules. All rules and regulations as may be necessary or desirable relating [o the availability of production equipment for use by the public and governmental and educational entities, 522-51 (V ail 12.29-89) FRANCHISES . ~ studio availability and hours of studio availability and channel availability and programming time shall be promulgated by the town in cooperation with Heritage. (Ord. 19(1989) § 12.) 21.04.130 General provisions. The following provisions shall be applicable to the existing cable communications system and to any rebuilt system as contemplated herein upon the effective date of this franchise agreement and shall be applicable throughout the life of the franchise. A. Parental control devices. Heritage shall provide subscribers upon request the ability to lock out such channels as they may desire. B. Underground cable. New cable shall be installed underground a[ Heritage's cost. Previously installed aerial cable shall be placed underground in concert, and on a cost sharing basis, with affected utilities, when such utilities are converted from aerial to underground construction; provided, however, that Heritage is given reasonable prior notice of such underground placement. A preconswction conference with the property owners wiU be completed prior to commencing any underground construction, and the town shall assist and cooperate in such conferences if necessary. All soil, earth, sod or improvements disturbed by the installation shall be replaced and restored to their original condition. Patching of highways, roads and driveways will be completed in accordance with the specifications promulgated by, and subject to inspection and approval by, town, county or state engineers, as appropriate. C. Minimum interference. All transmission lines, equipment and stnrctures shall be installed and located so as to cause minimum interference with all rights and reasonable convenience of property owners and at all times kept and maintained in a safe and adequate condition, and in good order and repair. Heritage shall, at all times, employ necessary and reasonable care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisances [o the public. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the 522-52 (Veil 12•?9-89) HER.TTAGE CABLEVISION FRANCHISE AGREEMENT safety of all members of the public and as detailed in the manual on uniform traffic control devices. D. Notice of shutdown. At least twelve hours before any planned shutdown Heritage shall give notice on all channels when possible of maintenance or major equipment changeouts Wrhich require loss of service to five or more customers. E: Free service calls. Heritage shall not charge for any service call whether or not the call is system related; provided, however, a charge may be made if the service call is the result of repeated abuse of the equipment or cable by the subscriber. F, Employee identification. Heritage shall provide a standard identification document to all employees including employees of subcontractors who will be in contact with the public. Such documents shall include a telephone number which can be used to verify identification. In addition, Heritage shall use its best efforts to clearly identify all personnel, vehicles and other major equipment that are operating under the authority of Heritage. G. Converters. With the existing cable communications system and upon any rebuild thereof, Heritage shall utilize state-of-the-an sigrta! security. Furthermore, Heritage shall, to the extent feasible, construct the system and install equipment which permits the full utilization of cable ready television receivers by subscribers to avoid converter usage, where possible. H. Local origination. Heritage is encouraged to provide local origination programming of a cultural, recreational, athletic, or civic nature. I. Service to government. Heritage shall provide upon request a reasonable number of free drops not to exceed four per building to al'1 government buildings and schools which are passed by the cable plant. . (Ord. 19(1989) §13.) 21.04.140 Subscriber rights and complaints. A. At the time an installation or service agreement is to be signed, Heritage shall furnish to each subscriber a written statement that clearly sets forth the following: l . A complete schedule or rates, fees, charges, and the terms and conditions of service currently applicable to the type; of autallation and service offered. 522-53 (Vail 1:-29.89) FRANCHISES 2. A complete statement of the subscriber's right to privacy in conformance with federal or state law. 3. Information concerning the procedures for making inquiries or complaints. 4. The address and telephone number of the Heritage office responsible for handling complaints. B. The business office of Heritage shall have ,a locally listed telephone number, and at a minimum, be open fot business eight hours a day on weekdays and have a sufficient number of lines so that the office is reasonably accessible by telephone and telephone lines are not continuously busy. Heritage business of!"ices shall be located within the Town of Vail boundaries or within a distance of ten miles from the Town of Vail boundaries. C. Ait complaints shall be handled in accordance with the procedures sec fonh in the Town of Vail Cable Television Franchise Ordinance. (Ord. 19(1989) § 14.) 21.0.3.150 Privacy policies. Heritage shall endeavor [o operate its business in such a way as to give effect to the privacy rights of each subscriber and user in accordance with the Vail Cable Television Franchise Ordinance, the mquirCments set forth herein and other applicable federal, state and local laws and regulations. (Ord. 19(1989) §15.) 21.04.160 franchise renewal. This franchise may be renewed by the town in accordance with the provisions of the Town of Vail Franchise Ordinance and applicable law. (Ord. 19(1989) §16.) 21.04.170 Transfer of ownership or control. A. The franchise granted herein is a privilege which is personal to Heritage and to its parent company, TCI, Inc. Except as provided in subsection D of this section, neither the franchise, this agreement, nor any rights or obliga[ions of Heritage pursuant to this agreement or in the system shall be assigned, transferred, pledged, leased, sublet, or mortgaged in any 522-54 (Vail 12-:9-89) HERITAGE CABLEVISION FRANCHISE AGREEMENT manner, in whole or in part, to any person, nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any person, nor shall any change in control or ownership in any twelve-month period of at least ten percent of the total outstanding securities of Heritage or TCI, lnc. occur, either by acts of Heritage or by TCI, Inc., by operation of law, or otherwise. Any such action completed without the prior consent of the town shall be null and void. The grant or waiver of any one or more of such consents shall not render unnecessary any subsequent consent or consents, nor shall the grant of any such consent constitute a waiver of any other rights of the town pursuant to this agreement. B. Heritage shall promptly notify the town of any proposed action requiring the consent of the town pursuant to subsection A, by submitting to the town manager, with a copy to the town attorney, a petition requesting the approval of the town. Ttle petition shall fully describe the proposed action and such additional supposing infolination as the town manager or town anomey may require in order to review or evaluate the proposed actiou~. Upon review of the petition, the town manager shall submit the petition to the town council together with a reconunendadon for action on the petition. C. After receipt of the petition for consent, the town council shall schedule a public hearing on the petition. For the purpose of deten~nining whether it will grant its consent, the town council may inquire into: (1) the qualifications of any propascd assignee, transferee, lessee, sublessee or person acquiring the system in any manner, including without limitation, its legal, financial and technical abilities; (2) all matters relevant to whether such person will adhere to applicable provisions of this agreement; {3) all matters relevant to the public interest in the transfer; and (4) all ocher relevant mauers. Heritage shall provide all requested assistance to the town in connec[ion with such inquiry and, as appropriate, shall secure the cooperation and assistance of all persons involved in said action. D. Notwithstanding the prohibition of subsection A of this section 21.04.170: 1. Section 21.04.170 shall not prohibit, nor require prior approval with respect to, any security interest or mongage, solely for financial purposes unrelated to a change of conurol 5?2-55 (Vail 12.29•H9) FRANCHISES ~ of Heritage or TCI, Inc., provided that each such security interest or mortgage, shall be subject to the rights of the town pursuant to ttvs agreement or applicable law, and no sale or other disposition pursuant to any such security interest or mortgage shall be permitted except upon consent of the town pursuant to paragraph 2; and 2. Section 21.04.170 shall not prohibit any transfer of which - the town was no[ified in accordance with subsection B of this section and to which the town has given its written approval, expressed by ordinance passed by the town council. E. In deciding whether to approve any proposed transfer under this Section 1.04.170, the town council may consider any oral] of the factors set forth in subsection C of this Section 21.04.170, and whether the requirements of the franchise should. be upgraded in order to satisfy cable-related community needs, taking into account the cost of satisfying such needs. The town council may condition its approval of any such transfer upon a commitment to satisfy such cable-related community needs, taking inta account the cost thereof, and upon other appropriate [erms, to satisfy its legitimate concerns as to the factors identified in subsection C of this section. (Ord. 19(1989) § 17.) 21.O~i.180 Police powers. In accepting this franchise, Heritage acknowledges that its rights hereunder are subject to the police powers of the town to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and ordinances enac[ed by the town pursuant to such power. Any contlict between the provisions of this franchise agreement and any other present or future lawful exercise of the town's police power shall be resolved in favor of the latter, except that any such exercise that is not a general application of the jurisdiction or applies exclusively to Heritage or cable communications system which contains provisions inconsistent with this agreement shall prevail only if, upon such exercise, the town finds that an emergency exists constituting a danger to health, safety, property, or general welfare or such exercise is mandated bylaw. (Ord. 19(1989) § 1$.) 522-56 , (Vail 12.29-89) HERITAGE CABI_EVISION FRANCHISE AGREEMENT 21.04.190 Franchise fee. A. Annual franchise payment. Heritage shall pay to the town five percent of its annual gross revenues during the period of its operation under the franchise, pursuant to the provisions of the Town of Vail Cable Television Franchise Ordinance. If during the term of this agreement, any court, agency or outer authority of competent jurisdiction takes any action or makes any direct declaration that adversely affects the amount of the franchise fee payable to the town as set forth in this sec[ion, the town and Heritage shall enter into negotiations to amend this frartchise agreement to make the town whole in a manner consistent with said action or declaration by restoring the town to a position equivalent to that which had held prior to said action or declaration to the extent allowed by law. B. Payments due the town under this provision shall be computed at the end of each quarter year for that quarter year. Payments shall be due and payable for each quarter or a portion of a quaver year [o the town sixty days after the close of that quaver or a portion of a quarter year. Each payment shall be accompanied by a brief report showing the basis for the computation and such other relevant facts as may be required by the: town. C. No acceptance of any payment by the town shall be contanred as a n:lease or as an accord and satisfaction of any claim the town may have for further or additional sums payable as a franchise fee or for the performance of any other obligation of Heritage. D. The town agrees that two percent of the annual gross revenues paid to the town in accordance with this Section 21.04.190 shall be utilized for local public access purposes. (Ord. 19(1989) §19,) 21.04,.200 Rates and charges. A. Initial rates. Heritage initial rates and charges, contained in Exhibit D4 hereto shall be applied fairly and uniformly to ail subscribers in the town B . Rau: regulation. 1. Rate regulation may apply to the extent that Heritage is not exempt from local rate regulation by preemption of state or federal law. To the extent that state or federal law or 5?2-57 (Pail 12-29-89} FRANCHISES regulation may now, or as the same may hereafter be amended, authorize the town to regulate the rate for any particular service tiers, service packages, equipment or any other services provided by Heritage, the procedures for _ processing rate increases as set forth in the Town of Vail Cable Television Franchise Ordinance shall apply. Heritage shall comply with all notice requirements set forth in the Town of Vail Cable Television Franchise Ordinance relating to rate increases and decreases. 2. Heritage and the town hereby agree that, as of the effective date of this agreement, the Town of Vail is a market which is not subject to effective competition as defined by FCC regulations promulgated in furtherance of Section 623(b) of Cable Communications Policy Act of 1984 (the Act). Consequently, Heritage and the town agree that the town shall have the right to regulate the rates charged subscribers for basic cable served pursuant to Section 623(b) of the Act. (Ord. 19(1989) §20.) 21.04.210 Insurance. Certificates or policies evidencing insurance in the amounts required by tl~e Vail Cable Television Franchise Ordinance shall be provided by Hetitage and shall be filed in the office of the town clerk. Insurance shall cover acts by Heritage, its employees, agents, subcontractors or any other person acting on behalf of heritage. (Ord. 19(1489) §21.) 21.04.220 Cooperation. The parries recognize that it is in their best interest for the cable . communications system to be operated as efficiently as possible and for any required rebuilding of the system w occur in accordance with the requirements and schedule as set forth in this agreement. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this franchise agreement. Should either party believe that the other is not acting kindly or reasonably in accordance with the applicable regulations 522-58 (Vail 12-:9-89) HERITAGE CABLEVISION FRANCHISE AGREE1v1ENT and procedures in responding to a request for action, that parry shall notifjr the agents designated for that purpose by the other. The agent will use its best effon to facilitate the particular action requested. . (Ord. 19(1989) §22.) 21,04.230 Waiver. . The failure of the town at any time to require performance by . Heritage of any provision hereof shall in no way affect the right of the town hereafter to enforce the same. Under no circumstances shall ithe waiver of the town of any breach or any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. (Ord. 14(1989) §23.) 21.04.240 Cumulation of remedies. The rights and remedies reserved to the town by this franchise agreernen[ are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the town may have with respect to the subject matter of this franchise agreement, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. (Ord. 19(1989) §?4.) 21.04.250 Compliance with federal, state, and local laws. Heritage, its employees, and agents shall be familiar with all federal, state, local and municipal laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work or in any way affect the work and no plea of misunderstanding will be considered upon account of the ignorance thereof. Heritage's contractors, employees and agenu shall comply with all applicable federal„ state and local laws, rules and regula[ions issued there[o and Heritage shall indemnify the town against any loss, liability, or damage occasioned by reason of its violation of this section. Heritage shall maintain and install its wires, cables, fixtures, and other equipmen[ in compliance with all applicable federal, state, and 522-59 (Vail 12.1.9-89) FRANCHISES - local law, and in such a manner so as not to interfere with any installation of the town's other cable franchises or utilities. (Ord. 19(1989) §25.) 21.04.260 Notices. All notices from Heritage to the town pursuant to this agreement shall be sent to 75 South Frontage Road, Vail, Colorado 81657. Heritage shall maintain a local office and telephone number for the conduct of matters related to the franchise. All notices to Heritage shall be sent [o Heritage Cablevision, 2195 Ingersoll Avenue, Des Moines, Iowa 50312, Attn: Legal Department. (Ord. 19(1989) §26.) 21.04.270 Captions. Captions to sections throughout this agreement are solely to facilitate the reading and reference to sections and provisions of the agreement. Such captions shall not affect the meaning or interpretation of the agreement. (Ord. 19(1989) §27.) 21.04.280 Company shall hold town harmless. Heritage shall save and keep the town and its officials, boards, commissions, agents and employees free and harmless from any loss, expense or damage to person or property arising out of or resulting from any provision or requirement of the franchise or exercising its rights or performing its duties under this franchise, (Ord. 19(1989) §28.) 21.0=1.290 Time is of the essence. ~ Whenever this franchise agreement sets forth any time for any act to be performed by either of the parties, such time shall be deemed to be of the essence of this agreement. (Ord. 19(1989) §29.) 21.04.300 Construction of agreement. This agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, except that the parties' respective rights and obligations hereunder shall be subject 522-tS0 ~veu t2.29.89) HERITAGE CABLEVISION FRANCHISE AGREEMENT to any applicable provisions of the Cable Communications F olicy Act of 1984, as now existing or as the same may be from time to time hereinafter amended, and the applicable provisions c?f the Communications Act of 1934 as hereinafter amended, any applicable rules, regulations and orders of the Federal Communications Commission and any applicable rules, regulations, legislation or orders of any other public body having jurisdiction over the subject maner hereof. (Ord. 19(1989) §30.) 21.04.310 No joint venture. Nothing herein shall be deemed to create a joint venture or principal agent relationship between the parries and neither parry is authorized to, nor shall either patty act toward third persons or the public in any manner which would indicate any such relationship with the other. (Ord. 19(1989) §31.) 21.04.320 Entire agreement. This agreement, all attachments hereto, and the Vail ('able Television Franchise Ordinance as incorporated herein, represent the entire understanding and agreement between the parties with respect to the subject matter hereof, supersede all prior oral negotiations between the parties and can be amended, supplemented, modified or changed oNy by an agreement in writing which makes special reference to this agreement or to the appropriate attachrne,nt or document which is signed on behalf of both parties. (Ord. 19(1989) §32,) 21.04.330 Severability. If any section, subsection, sentence, clause, or phrase or portion of thss agreement is, for any reason held invalid or unconstitueional by any coup of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this agreement. (Ord. 19(1989) §33.) 522-61 (V~iJ 12:t9~89) FRANCHISES TITLE 21 FOOTNOTES 1. See Chapter 21.02 for the Cable Television Franchise Ordinance. 2. Exhibit A, as refereed to herein, can be found on file in the office of the town clerk, attached to and made a part of Ordinance No. 19 of 1989. 3. Exhibit C, as referred to herein, can be found on file in the office of the town clerk, attached to and made a part of Ordinance No. 19 of 1989. 4. Exhibit D, as referred to herein, can be found on file in the office of the town clerk, attached to and made a pan of Ordinance No. 19 of 1989. 522-62 (Veil 1.•29-89) ~!?PPENDIB B 1984 CABLE ACT CABLE COMMUNICATIONS POLICY ACT OF 1984 Shortly before adjo>3rning, the 981h Congress passed the "Cable Comrnunicafions Policy Act of 1984." The Act was based on S.66, passed by the Senate in )983, and )i.R. 4103, passed by t1~e House on October 17, 1984. Ttte text of the Act follows. SIIORT Titi.E; AMENDMENT OF TABLE OF CO(YI'ENTS COMMUNICATIONS ACT OF 193 Sec. L (a) This Act may be cited as the "Cable Conununica- Sec. 2. -Phe Communications Acl of 1934 is amended by lions Poticy Act of 1984." inserting aher title V the following new title: (b) The table of contents for tt+is Acl is as follows: Sec. Short line; table of contents. TI'T1.E VI -CABLE COMMUNICATIONS Sec. 2. Amendment of Communications Act of (934. Fart I - (,encral Provlalona TfR.E Vl -CABLE COMMUNICATIONS Purpoaea Sec. 601. The purposes of this title are In - Part 1 -General Provlalona Sec. 6lJl. Pur ses. (I) establish a national pcdicy cottceu+ir+g cable conuuuni- fp cations; Sec. 6112. Delir,itiorrs. (2) establish Iranchisc pn,ccdun•s and slandarrls which earouragc the growth and development o! cable systems and Pert II - llae of Cehle Channels which assure That cable systems arc responsive to the needs and Ownerahlp Reatrlctlona and interests of the local community; (3) establish guidelines fur the exercise of Ferlernl. Slate, and local authority with respect to the regulation of calrlc sys- Sec. fit I. Cable channels for public, educational, or gov- lams; ermnental use. Sec. 612. Cable channels for rnnnnercial use. (4) assure and encourage that cable cnmmunicatirnts pro- Sec. G13. Ownership restrictions. vide and are encrnrragecl to provi<le the widest possible diver- sity ut inftuntalion sources and services to the public; (S) establish an orderly process Ior (renchise renewal Part Il{ - Franch{aing and Rcgulallon whirls protcc•IS cable o{>rralors against unlt+ir dcnrals ul renewal where thr operator's past pcrlonnance and prnl,rual Inc future Sec. 621, General franchise requirements. performance meet the standards established by this title; and Sec. 622. Franchise tees. (6) promote competition in cable communications and Sec. 623. Regulation of rates. minimize wrnecessary regulation that would impose an un- Sec 624. Regulation of services, facilities, and equipment. due economic burden on cable systems. Sec. 625. Modification of Iranchise obligations. Sec. 626. Renewal. Sec. 627. Conditions of sale. Uetlnhlons Sec. 602. For purposes of this title - PaN N - C1Uace1laneoue Provlalona tl) the term'allifialc,' when used in relation to any per• son, means another i>rrsnn Who owns or controls, is owned or conlrollcd by, or is carder common ownership control with, Sec. 631. Protection of subscriber privacy. such persor+; Sec. 632. Consumer protection. (2) the term 'basic cable service' means any service tier Sec. 633. Unauthorized reception of cable service. which inchules the retransmission of local broadcast signals; Sec. 634. Equal employment opportunity. (3) the tenn'cable channel' or 'channel' means a fwrtinn Sec. 635. Judicial proceedings. of the electromagnetic Irequency spectrum which is used in Sec. 636. Coordination of Federa{, Stale, and local a cal>1e system and which is capable of delivering a television authority. channel (as television channel is defined by the Commission Sec. 637. Existing Iranchises, by regulation); Sec. 638. Criminal and civil liability. (4) the term'cable ol,eralor means any person or group Sec. 639. Obscene programming. of persons (A) who provides cable service over a cable system Sec. 3. Jurisdiction. and directly or Through one nr more alliliates owns a signili- Sec. 4. Poie attachments. cant interest in such cat,le system; or (B) who otherwise con- trols or is responsible Ior, through ..any arrangement, the Sec. 5. Unauthorized reception of certain communica- management and operalirnr of such a cable system; ti0115, (5) (Ill` (Crln 'cable service,' tueans - Sec. 6. Technical and conforming amendments. (A) the onrway transmission In subscribers of (i) video Sec. 7. Support of aclivflies of the United States Tele- programming, or (ii) other programming service, anA communications Training Institute. (B) srrbscril,er interaction, it any, which is required Ior Sec. 8. Telecommunications Policy Study Commission. the selection of such video programming or other pro~ram- Sec. 9. EI(ective dale. ming service; (fi) the term'cahle system' means a lacility, consisting of ly shall prescribe - aset of closed transmission paths and associated signal genera- (1) rotes and procedures under which f he cable operator tine, reception, and control equipment that is designed to pro- is permitted to use such channel capacity for the I)rnV151011 vide cable SPNICe Wtllfh includes video programming and of other services if such channel capacity is not being used which is provided to multiple subscribers within a communi- (or the purposes designated, and ty, but sucl? Icrm does not include (A) a tacilily Ihal serves (2) rules and procedures under which such pemtilled use only to relransmil the television signals of one or more fete- shall cease. vision broadcast stations; (I3) a lacility that serves only (e) Subject In section 624(d), a cable openlor shall not ex- subscrifrers inone or more nathiplc unit dwellings under cum- ercise any editorial cunhul over any public, educational, ar mon ownership, control, or management, unless such lacility governmental use nl channel capacity provided pursuant to or lacililies uses any public right-ol•way; (C~ a facility of a com• this section. mon carrier which Is subject, in whole ur in part, to the provi- l0 For purposes of this section, the Ierm 'inslilulinna) nel- sions of title 11 0l this Act, except that such (acuity shall be work' means a communication network which is canstnlcte~d considered as a cable system (other than for pur{roses of sec- or operated by the cable operator and which is generally avail- tion 62l(c)j to the extent such tacilily is used in transmission able Drily to subscribers who arc not re5ldenlial subscribers,. of video programming directly to subscribers; or (D) any facilities of any electric utility used solely tot operating rots elec• lric utility system; CeLtc Channels for (:ommcrclal Uec (7) the term 'Federal agency' means any agency of the Untied Slalcs, indudinq the Commission; Sec. 612. (a) The purlx)se of Ibis section is to assure Thal (8) the term 'franchise' means an initial authorization, or lire widest possible diversity of intorniation sources arc made renewal thereof (inchuiing a renewal of an authorization which avauable to the public Irum cable systems in a manner con- has been granted subject to section 62C,), issued b~ a tnnchis- sistenl with growth and development of cable systems. ing aulhorily, whether such authorization is destgnated as a (hKl) A cable operator shalt designate channel capacity for franchise, permit, license, resolution, caMract, cerliticate, commercial usr. by persons unaffiliated with the operator in agreement, or otherwise, which authorizes the construction accordance with the following requirements: or operation of a cable system; (A) An operator of any cable system with 3G or more (9) the Ienn'hanchising autllority' means any guvernmem (tuft not mon' than 5-t} activated channels shall designate 10 sal entity empowered by federal, Stale, or local law to grant percent of such channels which are not otherwise required a franchise; for use (or the use u( which is not prohibited) by Federal law or regulation. (Ill) the Term ' rode [3 contour' means the field strength (ti) Arl openlor nl any cable system with 55 or more of a television broadcast station computed in acwrdance with (tint trot more than IOt)) a+aivated channels shall designate 15 regulations promulgates! by the Commission; (1l) the term 'other programming service' means inlor- irercenl ul such channels which are not otherwise required motion that a cable operator makes available to all subscribers Icrr usr (or the use of which is not prohibited) try federal law generally; ur regulation. (12) the term 'person' means an individual, partnership, All of+eralor of any cable system with more than association, joint stock conlpany, truss, corporation, or guv- 1Ql) activated channels shall designate IS percent of all such ernmental entity; channels. (13) the term 'public, educational, or governmental ac- U~) An operator of any cable system with (ewer than cess facilities' means - (A) channel capacity designated for 36 activated channels shalt not lx requved to designate chan- public, educational or governmental use; and (R) fauhhes and Iles capacity for conunercial use by persons unalliliated wills equipment for the use o{ such channel capacity; 11)e operator, unless the cable system is required to provide 15) Use lean 'Slate' means an Slate, or 11Ucal subdivi- such channel capacity under the terms of a Innchise in etlecl ( Y P° on the date al the enactment of this lids. lion, or agency Qlercot; and (l6) the term 'video programming means programming (F) An openlor of any cable system in nllcralinn rnl the dale nl the soar Unent crl this title shall not 1)e rcyuintd hr prm~ided hy, or generally considered comparable to pragraln- remove any service actually beioK provided nn July I, I!iK4, ming provided by, a television broadcast station. in order to comply with this section, but shall make channel Pert 11 Uwe of Cable Channelr+ capacity available for commercial use as such rapacity Ixxon)es and Cable (?wnerahlp Restrlettona available until such time as the cable operator is in hill com• pliance Wllll 11115 SCCIIOII. Cable Chsnnele for t?lrbllc, Educat{onal, (2) Any federal agency, State or lrenchising aulhorily may or Governmental Uee not require any cable system to designate channel capacity Sex, 611. (a) A franchising aulhorily may establish re- tut commercial use by unalliliated persons in excess of the quiremenls in a Innchise with respect to ll+e designation rn capacity specified in paragraph (1), except as otherwise Aro- use of channel capacity for public, educational, or govern- vided in this seaiun. mental use only to the extent provided in This section. (3) A cable openlor may not 1>e required, as part of a re• (b) A franchising aulhorily may in its request fur prog)osals quest for protx)sals or as parr of a proposal for renewal, soft require as part of a franchise, and may require as earl of a leC1 to sc•rlion fi2fi, to designate channel capacity for any use cable operator's proposal for a Innchise renewal, subject to (other than Commercial usr. by unaffiliated persons under this section 626, that channel capacity he designated for public, section) except as provided in sections 611 and fi17, bui a cable educational, or governmental use, and channel capacity nn operator may otter in a franchise, or proposal for renewal Insllhltional networks be designated for educational or govern- therrnl, to provide, consistent with applicable law, such capaci- menlal use, and may require rules and procedures for the use ty for other than rnmnrercial use by such persons. of the channel capacity designated pursuant to this section. (4) A cable operator may use any unuuKt channel capacity (c) A franchising authority may enforce any requirement in designated pursuant to this srctioll unlit the use of such c11am any franchise regarding the providing or use of such channel net capacity is obtained, pursuant to a written agreement, by capacity. 1~uch enforcement aulhorily includes the authority a person unalliliated with the operator. to enforce any provisions of the tranchls<~ for services, lacililies, (5) For the purposes of this sr_ctiun - or equipment proposed by the cable operator which relate Io (A) the Tenn 'activates Channels' means those channels public, educational, or governmental use nl channel capacity, engineered at the headend of the cable system (or the provi- whelher or not required by the franchising authority pursuant lion of services generally available to residential subscrp>,~rs to subsection (b). of the cable system, regardless of whether such services as (d) In the case of any franchise under which channel capaci- tually are prnvicted, including any channel designated for ty is designated under subsection (b) the 1?anchising authori• public, educational, or governmental use; and (B) the term 'commercial use.' means the provision of (g) Nolwithstancling sections fi11(c) and ti2a(a), al such time video programming, whether or not for pro{it. as cable systems with 36 or nrore activated channels arc avail- (6) Any channel capacity which has been designated lot able lu 70 percent of huusehulek within the tlnip•d Slllcs and public. educational, or governmental use may not be con- a?e suhscrilred to by 70 percent nl the housel+ulcls to which sidered as designated under this section for connnercial use such systems are available, the Commission may promulgate for purposes of this section. any additional rules necessary to provide diversity of infor- mation sources. Any odes promulgated by the Commission (c)(1) U a person unaffiliated with the cable operator seeks pursuant to This subscrtiar shall nut preempt authority express• to use channel capacity designated pursuant to subsection (b) ly granted to franchising authorities under,this title. for commercial use, the cable operator shall establish, con- (h) Any cablr, service offered pursuant In this section shall sis?ent with the purpose of this section, the price, terms, and not be provided, or shall Ire providcxl subject to rnndilions, rnnditions of such use which are at Ieas1 sufficient to assure if such cable service itt the judgment of the franchising authori- that such use will not adversely affect the operation, financial ty is obscene, or is in rnnllict with community standards in condition, or market development of the cable system. that it is lewd, lascivious, fihhy, or indecent or is otherwise (2) A cable operator shall not exercise any editorial con• unprotected by the Conslilulion of the United Stales. Irol over any video programming provided pursuant In This section, or in any Mher way consider the content of such pro- Ctwnerohlp Reetrlctlone gramming, except that an operator may consider such con• Sec. 613. (a) h shall be unlawful for any person to be a lens to the minimum extent necessary to establish a reasonable cable operator if such person, directly or Through one or more price for the commercial use of designated channel capacity affiliates, owns or comrols, the licensee of a television hroad- y an unaffiliated person. cast station and the predicted grade B conlonr of such station (3) Any cable system channel designated in accordance covers any portion of the rnmmunily served by such opera- with this section shall not be used to provide a cable service roc's cable system. that is being provided over such system on the date of the (bj(1) Q shall be unlawful for any common carrier, subject enactment of this line, if the provision of such programming in whole or in part to title ll of this Act, to provide video pro- is intended to avoid the purpose of this section. gramming directly to subscribers in its telephone service area, (d) Any person aggrieved by the failure or refusal of a cable either directly or indirectly through an alliliate owned by, operator to make channel capacity available for use pursuant operated by, conlroUed by, or under common control wish the to this section may bring an action in the district court of the common carrier. United States for the judicial district in which the cable system (2) II shall he unlawful for any common carrier, subject is Incased to compel that such capacity be made available. II in whole or in part to title II of this Act, to provide. channels ?he court finds that the channel capacity sough) by such per- of conununicatiuns o? pole line conduit space. or other rental son has not been made available in accordance with this sec• arrangements, to any entity which is directly or indirectly own- tion, or finds that the price, terms, or conditions established ed by, operated b}', controlled by, or under common control by the cable operator are once-azonable, the court may order with such cununon carrier, if such facilitie-s nr arrangements such system to make available to such person the channel are to I>e used tor, or in connection with, the provision o! video capacity sought, and further determine ?he appropriate price, programming directly to subscribers in the telephone service terms, or conditions for such use consistent with subsection area crl the common carrier. . (c), and may award actual damages if it deems such relief ap• (3) This subsection shall not apply to any nrmmrnr car- propriale. Inany such action, the court shah not consider any rier to the extent such carrier provides telephone exchange price, term, or condition established between an operator and service in any rural area (as defined by the Conunission). an alflliate for comparable services. (4) In Those areas where the provision of video prugram- (eJ(I) Any person aggrieved by the failure or refusal of a ming directly to subscribers Through a cable system demon- cable operator to make channel capacity available pursuant suably could nut exist except through a cable system owned to this section may petition the Commission for relief under by, operated by, controlled by, or affiliated with the rnnunon this subsection upon a showing of prior adjudicated violations carrier involved, or ufwn other showing of good cause, the of this section. Records of previous adjudications resulting in Commission may, on irelition for waiver, waive the applicabili- a court determination that the operator has violated this sec- ty of paragraphs (1) and (2) of this subsection. Any such waiv- tion shall be considered as sufficient for the showing necessary er shall be made in accordance with section 63.~fi of Iitlc 17, under this subsection. ll the fommissiun finds that the Chan- Code of Federal Regulations (as in effect September 20, 1984) net capacity sought by such person has not been made avail- and shall be granted by the Commission upon a liming Thal able in accordance with this section, or That the price, terms, the issuance of such waiver is justified by the particular cir- or conditions established by such system are unreasonable nrmstances demonstated by the letitioner, taking into account under subsection (c), the Commission shall, by nrle or order, the policy of this subsection. require such operator to make available sucfi channel capaci• (c) The Commission may prescribe rules with respect to the ty under price, terms, or conditions consistent with subset- ownership or control of cable systems by persons who own lion (c). or control other media of mass communicationx which serve (2) In any case in which the Commission finds that the the same conununily served by a cable system. prior adjudicated violations of this section constitute a pattern (d) Any Slate or Iranchising authority may not prohibit the or practice of violations by an operator, the Commission may ownership or control of a cable system by any person txYause also establish any further rule or order necessary to assure that of such Irerson's ownership or control of any media of mass the operator provides the diversity of information sources re• communications or other media interests. qulred by This section. (ej(l) Subject to paragraph (L) a State or franchising authority (3) In any Gaze in which the Commission finds that the may hold any ownership interest in any.cal>le system. prior adjudicated violations of this section constitute a pattern (2) Any State or franchising authority shall not exercise or practise of violations by arty person who is an operator of any editorial control regarding the conlern of any cable ser- morethan one cable system, the Commission may also estatr vice on a cable system in which such governmental entsly fish any further rule or order necessary to assure that such holds ownership interest (other than programming on any ppeerson provides the diversity of information sources required channel desigoated for educational or governmental use), by this section. unless such control isexerciscd through an entity separate from (Q In any action brought under this section in any Federal the franchising authority. distrltl court or before the Commission, (here shall be a (f) This section shall not apply to prohibit any combination presumption that the price, terms, and conditions for use of rtf any interests hell by any person on July I, 1984, Io the channel capacilY designated pursuant to subsection (h) are extent nl the interests so held as of such date, if the holding reasonable and rn good faith unless shown by clear and con- of such interests was not inconsistent with any applicable vincing evidence to the contrary. Federal or Slate law or regulations in effect on that date. (g) Fnr purposes of this section, the lens 'merlin of mass 12-month Ix~rirxl shall Ix• paid nn a prepaid or deterred hatiis; communications' shall have the meaning given such term except lhnl the sum of the tees paid during the teen of the under section 309(i)(3)(C)(i) of this Act. Iranchise n+ay not exceed the amount, inchaling the time value of money, which would leave lawlully been collected it such Pert 111 - Franchleing and Regulatlon lees had been paid Ixr annum. General Franchlae Requirements (c) A cable operator m:+y pass Through to subscribers the Sec. 621. (a)(1) A Iranchising authority may award, in ac- amount of any increase in a Iranchise Ice unless the francliis- cordance with the provisions of this Title, one or more Fran- ing authority demonslrales that the rate structure sl,ecilial in chiles within its jurisdiction. the Iranchise rellects all costs of Iranchise Ices and so notifies (2) Any Iranchise shall be construed to authorize the con- the cable operator in writing. slruclion of a cable system over public rights-ol•way, and (d) In any court action under subsection (c), the (ranchis• through easements, which is within the area to !+e served by ing authority shall den+uustrale That the rate structure rellects the cable system and which have Ix~en dedicated Inr compote- all costs of the Iranchise lees. ble uses, except that in using such easements the cable opera- (e) Any cable operator shall pass through to subscrilxc; the for shall ensure - amount of any decrease in a Iranchise lee. (A) that the solely, hrnctioning, and appearv+ce of the (f) A cable operator may designate that portion nl a properly and the ronvenience and safety of other persons not subscriber's bill attributable to the Iranchise Ice as a separate be adversely attested by the installation or construction of item on the bill. Iacililies necessary for a cable system; (g) For the purposes o1 this section - (f3) that the cost of the installation, construction, opera- (I) the term 'Iranchise lee' includes any lax, Ire, or assess- tion, or removal of such lacilitir_s I>e borne by the cable operator meat of any kind in+posed by a Iranchising authority or other or subscritx~r, or a combination of txdh; and governmental entity on a cable operator or cable subscriber, (C) That the owner of the property t,e justly compen- or both, solely because of their status as such; sated by the cable operator Inr any damages caused by the (2) the Term 'franchise Ice' does not include - installation, construction, operation, or removal of such (A) any lax, lee or assessment of general applicability facilities by the cable o{x'rator. (including any such tax, Ice or assessment imposed on tx,th (3) In awarding a franchise or Iranchises, a Iranchising utilities and cable operdors or their services but nut including authority shall assure that access to cable service is not denied a lox, lee, or assessment which is wrduly discriminatory against to any group of potential residential cable sul>scribr~rs because cable operators or cable subscribers); of the income of the residents of the local area in which such (p) in the case of any Iranchise in attest on the dale group resides. 01 the enactment of This ?ille, payments which ore required (bj(I) Except to the extent provided in paragraph (2), a cable by the franchise to be made by the cable operator during the operator may not provide cable service without a Iranchise. term of such Iranchise (or, or in support of the use ol, public, (2) Paragraph (1) shall not require any person lawhdly pro- educational, or governrnenlal access facilities; viding cable service without a Iranchise on July 1, 1984, Io (C) in the case of any Iranchise granted alter such elate obtain a Iranchise unless the Iranchising authority so requires. of enactment, capital costs which are required by the Iranchise (c) Any cable system shall not tx' subject to regulation as to he incurred by Il+e. cable operator kx public, educational, a common carrier or utility by reason of providinE{ any cable or gnvenunental access Iacililies; service. (D) requiren+ents or charges incidental to the award- (d)(1) A State or the Commission may require the filing o1 ing or enforcing of the Iranchise, including payments Inr Ir,nds, informational tariffs for any intrastate rnmmunications service security funds, levers of credit, insurance, indenurilicnliun, provided by a cable system, other than cable service, that penalties, or liquidated damages; or would be subject k, regulation by the Commission or any State (6) any Ice imposed under title 17, I toiled Stoles Code. if ollered by a common carrier subject, in whole or in part, (li)(I) Nothing in This Act shall I>c consln+ed to limit any to title II of this Act. Such informational Iarills shall specify authority of a Iranchising authority to impose a lax, lee, or the rates, terms, and conditions for the provision of such see- other assessment of any kind on any l,erson (other than a cal,le vice, including whether it is made available to all subscribers operator) with respect to cable service or other communica• generally, and shall take effect on the date specified therein. lions service provided by such person over a cable system fur (2) Nothing in This title shall be ronstnied to affect the which charges are assessed to subscribers but not received by authority of any Slate to regulate any cable operator to the ex- the cable operator. tent that such operator provides any communication service (2) For any 12-month period, the fees paid by such per• other than cable service, whether ollered on a common car- son with reslxxt to any such cable service or other communica- rfer or private contract basis. lions service shall not exceed 5 percent of such person's gross (3) For purposes of this subsection, the term "Stale" has revenues derived in such period from the provision of such the meaning given it in section 3(v), service over tl+e cable system. (e) Nothing in this title shall be construed to attest the (i) Any Federal agency may not regulate the amount of the authority of any State to license or otherwise regulate any tacifi- franchise lees paid by a cable operator, or regulate Uie use of ty or combination of Iacililies which serves only subscribers funds derived Irom such lees, except as provided in this seo in one or more multiple unit dwellings under common owner- lion. ship, control, or management and which does not use any public right-0I-way. Regulatlon of Ratea Frnnchlse Fees Sec. 623. (a) Any Federal agency or Stale may not regulate Sec. fi22. (a) Subject to the limitation of subsection (b), any the rates Inr the provision of cable service except to the ex- cable operator may be required under the terms of any Iran tent providcrl under this section. Any Iranchising authority may chile to pay a Iranchise lee. regulate the ratr_s for the provision of cable service or any other (b), For any l2-month period, the franchise lees paid by a conununicntions service provided over a cable system to cable cable operator with respect to any cable system shall not ex- subscribers, but only to the extent provided under this section. teed 5 percent of such cable operator's gross revenues derived (bj(1) Within 180 days alter the dale of the enactment nl in such period Irom the operation of the cable system. For pur- this Title, the Commission shall prescrilM and make ellecti+~e poses of this section, the 12•month period shall be the regulations which authorize a Iranchising authority to regulate 12-month period applicable under the Iranchise for account- rates for the provision of basic cable service in circumstances ing purposes. Nothing in this subsection shall prohibit a Iran- in which a cable system is not subject to effective rnmpcli• chising authority and a cable operator Irom agreeing Ihnl Iran- lion Such regulations may apply to any Iranchise granted alter chile lees which lawlully could be collected for any such the effective date of such regulations. Such regulations shall not apply to any tale while such rare is subject to the provi- to the estahlishnrent ar aperalian of a table system - sions n( subsedion (c). (1) in its request Inc prapcxals (or a Iranchise (including (2) For purposos of tale regulalion under this subsection, requ~•sls for renewal proposals, subject Io section fi2fi), may such regulations shall - establish requirerments for facilities and equipmenl, but may (A) define the circumstances in which a cable system not establish requirements for video programming or other fin- is not subject to effective armpelilion; and formation services; and (D) establish standards !or such rate regulation. (2) subject to section G25, may enforce any requirements (3) The Commission shalt periodically review such regu- contained wiU+in the franchise - la?ions, taking into account developments in technology, and (A) (or facilities and equipment; and may amend such regulations, consistent with paragraphs (1) (D) for broad categories al video programming or other and (2), to the extent the Commission determines necessary. services. (c) In the case of any cable system for which a franchise (c) hl the case nI any Iranchise• in effect on tl+e effective date has been granted on or hefare the effective date of tins Title, of this title, the franchising authority Wray, subject to section unlit the end nl the 2-year period beginning al such effective fi25, enforce requirements contained within the franchise for dale, the Iranchising authority may, to the extent provided in the provision al services, facilities, and equipment, whether a Iranchise - or nut related to the establishment or operation of a cable (1} regtdate the rates for the provision of basic cable set- system. vice, including multiple tiers of basic cable service; (dX I) Nothing in this line shall be construed as prohibiting (2) require the provision of any service tier provided a franchising authority and a cable dperalor from sirecilying, without charge (disregarding any installation rn rental charge in a Iranchise or renewal thereof, That certain cable services for equipmenl necessary for receipt al such tier); or shall not be provided or shall be provided subject to condi- (3) regulate rates for the initial instaftalion or the rental bons, i( such cable services are obscene nr are otherwise un~ nl one set of the minimum equipment which is necessary for protected by the Constitution of the United Stales. the subscriber's receipt of basic cable service. (2J(A) In order to restrict the viewing of pnlgranuning (d) Any request for an increase in any tale regulated putsu- Which is obscene or indtr~rnt, ulxm the request of a subscril>cr, ant to subsection (h) ar (c) for which final action is not taken a cable operator shall provide (by sale ar lease) a device by within 180 Aays alter receipt of such request by the franchis• Which the subscrit>rr can prohibit viewing of a particular cable ing authority shall Ix deemed lobe granted, unless the 18(klay service during periods selected by that subscritler. period is extended by mutual agreement of the cable operator (D) Subparagraph (A) shall take ellect 180 days after the and the franchising authority. cllectivc date of this tillo. (e)(I) In addition to any other rate increase which is sub- (e) Mlle Commission may establish terlrnical standards jest to the approval of a franchising aulhority~ any tale subject relating tO III[' hCd111CS alld eg111plnClll of rabic Sy51e1rr5 WhlCll to regulalion pursuant to this section may be increased alter a franchising authority uray require in the. Iranchise. the effective date of this title at the discretion of the cable (t)(I) Any Patera! agcnry, State, ar Iranchisingaulhority may operator by an amount not to exceed 5 percent per year if the not in+imse requirements regarding the provision or aaNenl Iranchise (as in effect on the elleclive date of Uris title) does al cahlr, services, exrepl as expressly provided in this title. nM specify a fixed rate or rates for basic cable service far a (2i Paraµraph (1) shat{ not apply to - specified period ar periods which would be exceeded if such (A} any cult., regulation, or order issued under any increase lank ellect. Federal law, as such rule, regulatirnl, or mdcr (i) was in el[rrcl (2) NMhing in this section shall I>r ronslnled to limit pro- an September 21, 1983, or (ii) may tie amended after such dale visions of a franchise which permits a cable ot>eralor to in• if the rule, regulation, ar order as amended is not inconsistent crease any rate at the operalar's discretion; however, the ag- with tt+e express provisions of This title; and gregale increases per year allowed under paragraph (1) shall (1l) any rule, regulation, or order under title 17, United t+e reduced by the amount of any increase taken such year States Cade. under such franchise provisions. (Q Nothing in this title shall be construed as prohibiting any Federal agency, State or a hanchising authority, from - Modlflcellon o! Franchtse Obllgetlons (1) prohibiting discrimination among customers of basic Sec. 625. (a)il) During the period a franchise is in effect, cable service, or the cable operator may obtain ham the franchising authority (2) requiring and regulating the installation or rental of modifications of the requiremenls in such Iranchise - equipment which facilitates the reception o! basic cable set- (A) in the case of any such requirement for facilities or vice by hearing impaired individuals, equipment, inchrding public, educational, or govemmemtat ac- (g) Any Slate law in existence on fire effective date of this cess facilities nr equipmenl, i(the cable operator demonstrates title which provides for any limitation or preemption of regu- tlrat (i) it is commercially impracticable for the operator Io rnm- lation by any franchising authority (or the State or any political ply with such requirement, and (ii) the proposal by (he cable subdivision or agency (hereof) of rates for cable service shall operahx for modification of such requirement is appropriate remain (n ellect during the 2•year period beginning on such because of commercial impracticability; or elleclive date, to the extent such taw provides for such limits- (D) in the case of any such requirement (or services, lion or preemption. As used in this section, the term "State • it the fable operator demonstrates That the mix, quality, and has the meaning given it in section 3(v}, level of services regmired by the Iranchise at the time it was (h) Not later than 6 years after the date of the enactment granted will t>c maintained after such modification. of lhls title, the Commission shall prepare and submit to the (2) Any final decision by a franchising authority under Congress a report regarding vale regulation a! cable services, this subsection shall be made in a public proceeding. Such inchrding such legislative recommendations as the Commis- decision shall be made widlin 120 days after receipt of such Sion considers appropriate. Such report and recommendations request by the franchising authority, unless such 120day shall be based on a study of such regulation which the Corn- period is extended by muhlal agreement of the cable alrerakrr mission shall conduct regarding the effect of competition in acrd the franchising authority. the marketplace. (bxl) Any cable operator whose request for mtxlification itegulstlon of Servlcerr, Facllltler+, and u{ ment under subsection (a} has peen denied by a final dreisiorl of ~ P a franchising authority may obtain modification al such Iran- Sec. 82l. (a} Any franchisingg authority may not regulate chile requirements pursuant to the provisions of section fi35. the services, taciltlies, and equipment pravtded by a cable (2) In the case of any proposed mcxlificatian of a require operator exrepl to the extent consistent with this Iftle. ment for facilities ar equipment, the court shall grant such (b) In the case of any hanchise granted abet the effective modification only it the cable operator demonstrates to the date of this title, the franchising authority, to the ezlent related court that - (A) it is commercially impracticable for the operator Io flees, but without reganl, to the mix, quality, ar level of cable comply wish such requirement; and services or other services provided over the syslern, has been (B) the terms of the modification requested are appro- reasonable in light o{ community needs; priate because of commercial impracticability. (C) the operator has the financial, legal, and technical (3j ht the case of any proposed modification of a require- ability to provide the services, facilities, and equipment as set meat for services, Ure court shall grant such modification only torch in the operator's proposal; and it !fie cable operator demonstrates to the court that the mix, (D) the operator's proposal is reasonable In meet the quality, and level of services required by the franchise at the f+rture cable-rrlaled community needs and interests, taking into lime it was granted will be maintained after such modilica• account the cost o! meeting such needs and interests. lion. (c) Notwithstanding subsections (a) and (b), a cable operator (2) In any proceeding under paragraph (I the cable may, upon 30 days' advance notice to the Iranchising authority, a(leratOr OmlllhC IfalKhll Illgaal'IUlOrlty'rUrr{15 Iesigsmc, shall rearrange, replace, or remove a particular cable service re- afforded lair ol,porlunity for lull participation, including the quired by the Iranchise if - right to introduce evidence (including evidence related to (1) such service is no longer available to the operator, or issues raised in the proceeding under subsection (a)(, to re• (2) such service is available to the operator only upon the quire the prahsction of evidence, and In question witnesses. payment of a royalty required under section f101(b)(2j of title A lranscril,t shall ?,e made of any such proxeeding. 17, United Slates lode which Ure cable operator can docu- ment - (3) AI the mrnplelian of a proceeding under this subsec- tion, the Iranchising authority shall issue a written decision (A) is substantially in excess of the amount of such pay- granting or denying the proposal tar renewal based upon the meat required on the date of the operator's offer to provide record of such proceeding, and transmit a copy ul such deci- such service, and sioa to the cable operator. Such decision shall state ?he rea• (B) has not peen specifically compensated foie through sons therefor. a rate increase or other adjustment. (d) Any denial nl a proposal for renewal shall be based rn+ (d) Notwithstanding subsections (a) and Q+), a cable operator one nr mare adverse findings made with respect to the factors may take such actions to rearrange a particular sen+ice Iron Aeuritxd in subparagraphs (A) thrargh (I)) nl subsation (cJtl), one cable service tier Io another, or otherwise otter the sec- pursuant to the record of the proceeding unrier subsection (c). vice, if the rates for all of Use cable service tiers invalved in p (ranchising authority may not base a denial of renewal on such actions are not subject to regulation under section 623. a failure to substantially comply with the material terms of U,e (e) A cable operalo? may not obtain modification under this Iranchise under subsection (c)<l)<A) or on events considered section of any requirement for services relating to public, under subsection (cXl)(R) in any case in which a violation of educational, or govermnental access. U+e Iranchise or the events considered under subsection (t) Far purposes of this section, the term'commercially im- (c)(I)(B) occur aber the effective date of this title unless the practicable' means, with respect to any requirement applicable (ranchising authority has provided the operator with notire to a cable operator, that it is commercially impracticable for and the opt~xlunity la cure, or in any case in which it is dc>cu• the operator to comply with such requirement as a result al rnenled that the franchising authority has waived its right to a change in conditions which is beyond the control of the object, or h>_s effectively acquiesced. operator and the nonoccurrence of which was a basic assume- fel(l) Any cable operator whose proposal (err renewal has lion on which the requirement was based. been denied by a final drxision of a franchising authority made Renewal pursuant to this section, or has been adversely affected by a Sec. 626. (a) During the frmonth period which begins with (adore of the Iranchising authority to art in accordance with the 36th month before the Iranchise expiration, the Iranchis• tl+e procedural requirensents of this section, may appeal such ing authority may on its own initiative, amt shall al the re• final decision or failure pursuant lu the provisions ul section quest of the cable operator, commence proceedings which a6 G35. ford the public in the franchise area appropria?e notice and (2) The court shall grant appropriate relief it the court finds participation for the purpose of - Ihat - (1) identifying the future cable related community needs (A) any action of the Iranchising authority is not in ~arn- and interests: and pliance with tt+e prcxedural reyniremenls of this section; or (2) reviewing the performance of the cat,le operator under (B) in the event of a final decision nl the Iranchising the Iranchise during the U+en current franchise term. aull,ority denying Ihr. mnewal proposal, the operator has de- (b)(1) Upan completion al a proceeding under subsection monstraled tlwt the adverse finding of the Iranchising author (a), a cable operator seeking renewal of a Iranchise may, on icy with respect to each of the factors described in sul>para- its own initiative or al the request of a franchising authority, graphs (A) through (U) nl subsection (t)ill un which the cferrial submit a proposal for renewal. is based is out supfx,rted by a prelronderance of the evidence, (2) Subject to section 624, any such proposal shall con- basMl on Ure record of the proceeding conducted under subse~e• lain such material as the franchising authority may require, lion (c). inducting proposals for an upgrade of the cable system. (f) Any decision of a franchising authority on a proposal for (3j The (ranchising authority may establish a dale by renewal shall not be considercrl final unless all administrative which such propasal shall be submitted. review by the State bas occurred or the olq+ortunily lheretur fel(l) Upon submittal by a cable operator of a proposal to has lapsed. the franchising authority tar the renewal of a franchise, the (g) For purposes of this section, the term 'franchise expira- franchising aull+ority shall provide prompt public notice of such lion' n+eans the date of the expiration of the (eon al the fran- proposal and, during the 4•monlh period which begins on the chise, az provided under the Iranchise, as it waz in effect on completion of any proceedings under subsection (a), renew the dale of tl+e enactment of tf+is title. the Iranchise or, issue a preliminary assessment that the Fran- (h) Notwithstanding the provisions of subsections (al chise st+ould not be renewed and, at the request of the operator through (g) of this section, a cable operator may submit a prr~ or on its own initiative, commence an administration proceed- posal for the renews{ 04 a franchise pursuant to this suhsec- ing alter providing prompt public notice of such proceeding lion at any time, and a franchising authority may, alter aUnr- in accordance with paragraph (2) to consider whether - ding the public adequate notice and opportunity for eamrnenl, (A) the cable operator has substantially complied whh grant or deny such proposal at any time (including alter pvo- the material terms of the exlsting franchise and with applicable ceedings pursuant to ibis section have commenced). The pro- law; visions of suh~PCtions (a} Usrough (g) of this section shall not (B) the quality of the operator's service including signal apply to a decisian to gran! or deny a propasal under this sul> quality, response to consumer complaints, and billing prat- section, The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal That is submitted order authorizing such disclosure-, it the subscriber is notified in accordance with subsections (a) through (g). of such order by the perscm to whom the order is directed; or Condltlons of Sn{e (C) a disclosure of the names and addresses of sulr Sec. 627. (a} II a renewal of a franchise held by a cable Scribers to any cable service or other service, it - operator is denied and the franchising authority acquires own- (i) the cable operator has provided the subscriber the ership of the cable s stem or elects a transfer of ownership opportunity to prohibit or limit such disclosure, and of the system to another person, any such acquisition or Trans- (ii) Ure disclosure does not reveal, directly or in- fer shall be - directly, the - (t) at lair market value, determined on the basis of the (I) extent of any viewing or other use by the suh- cable system valued as a going concern but with no value scrilrcr of a cable service or other service provided by the cable allocated to the franchise itself, or operator, or (2~ in the case of any (ranchise existing on 11re effective (11) the nature of any transaction made by the sub• date o This title, at a price determined in accordance wish the scriber over the cable system of the cable operator. Iranchise it such franchise contains provisions applicable to such an acquisition or transfer. (d) A cable subscriber shall Ire provided access to all per• (b) tl a Iranchise held by a cable operator is revoked br sonal{y identifiable information regarding that suhscrilrer which cause and the franchising authority acquires ownership of the is collected and rnainlained by a cable operator. Such inlor- cable system or effects a transfer of ownership of the system mation shall be made available to the suburilrer a1 reasonable to another person, any such acquisition or transfer shall be - limes and at a convenient place designated by such cable 1 at an a unable nee, or operator. A cable subscriber shall be provided reasonable ofr- O q f porlunity to correct any error in such information. (2) in the case o! any (rancfrise existing on the effective (e) A cable operator shall destroy personally identifiable in- date o this title, at a price determined in accordance with the formation if the inlonnatinn is no longer necessary )or the pur- franchise it such franchise contains provisions applicable to pose for which it was collected and there are uo pending re- such an acquisition or transfer. c)uesls or orders for access to such inlormalion under subsec- Pari iV - Mlircellsneoua Provlalona bon {d) or pursuant to a court order. Protection of Subscrlt?er Privacy (f)(1) Any person aggrieved by any act of a cable operator Sec. 831. (a)(I) At the time of entering into an agreement in violation of this section may bring a civil action in a llnilr~d to provide any cable service or other service Io a subscriber States district court. and al {east once a year thereafter, a cable operator shall pro- (2) Ttte court may award - vide notice in the form of a separate, wrinen statement to such (A) actual damages but not less than liquidated damages subscriber which clearly and conspicuously informs the computed a? the rate of 5100 a day for each day of violation subscriber of - A Nre nature of or S 1,000, whichever is higher, O prrscrnaily identifiable information col- (B) punitive damages; and tested or to be collected with respect to the subscriber and the nature of the use of such information; (C) reasonable aUuniey's fees and other litigation costs (B) the nature, frequency, and purpose of any disclosure reasonably insured. which may be made of such information, including an identi- (3) The remedy provided by IIrIS SCCIImII shall hC im aeldi- lication of the types of persons to whom the disclosure may lion to any other lawful rernirly available to a cable suhxrilrer. be made: C the nod durin which such information will be (g) ~Ollu"y nr this title shall 1+e construed to prohibit arty O Pe g State or any franchising authority from enacting or enforcing maintained by the cable operator; laws consisleni with Ibis union for the protection of subscriber (D) the times and place at which the subscriber may privacy. have access to such information in accordance with subset- {h) A governmental entity may obtain personally identifiable lion (d): and inlonuanon concerning a cable snbscrilrer pursuant to a court (c) the limfla?ions provided h this section with respect order only it, in the court proceeding relevant lu such coup to the collection and disclosure of information by a cable order - operator and the right of the suhscritrer under subsections (f) (I} such rntily olfCrs dear and convincing evidence that and ((h) to enforce such limitations. hr the case of subscribers the su(+jecl of the information is retc°naLrly suspected of en- wholrave entered Info such an agreement before the elfeclive gaging in criminal activity and that the ink+rnrahon sought daft of this section, such notice shall be provided within 180 would ire material evidence in the case; and days of such dale and at least once a year thereafter. (2) For purposes of this section, the term personally iden- (2) the subject of the information is afforded the oppor- tiliable inlormalion' does not include any record o1 aggregate tunny to appear and contest such entity's claim. data which does not identity particular persons. Conrumer Protection (b~l) Except as provided in paragraph (2), a cable operator 832. (a) A franchising authority pray require, as part shat not use the cable syslern to collect perarna(lyy identifiable of a franchise (including a franchise renewal, subject to sec- . information concerning any subscriber without the prior writ- lion 626), provisions for enlorcemenl of - ten or electronic consent of the subscriber concerned. (2) A eabte operator may use the table system to collect (1) customer service requirements of the cable operator; such inlormalion in order to - and (A) obtain information necessary to render arable sec- (2) construction schedules and other construction-related vice or other service provided by the cable operator to the regwrements of the cable operator. subscriber; or (b) A franchising authority may enforce any provision, corn (B) detect unauthorized reception of cable communl• rained in any franchise, relating tm requirements described in cations. ara rah 1 P g P O or (2) of subsection (a), to the extent not incon- (cXl) Except as provided in paragrapph (2), a cable operator sisleM with this title. shall not disclose personalty idenlihable information concern (c) Nothing in This title shall be construed to prohibit any fog any subscriber wNhout the prior written or electronic con- State or any franchising authority from enacting or enforcing sent of II?e subscriber concerned. any consumer protection law, l0 Ute extent not inconsistent (2) A cable operator may disclose such information it the wish This title. disclosure is - (A) necessary to render, or conduct a legitimate bust- Unsutlrorized Reception of Cable Service Hess adivlty related to, a cable service or other service pro- Sec, 839. (a)(1) No perurn shall intercept or receive °r assist vided by the cable operalmr to the subscriber, in fntercept(ng or reserving any communications service of• (B) subject to subsection (h); made pursuant to a court Tercel over a cable system, unless specifically autfrorizexl to do sn by a cable operator or as may otherwise be specifically review and control managerial and supervisory pertormanre; authorized by taw. (2) inform its employees and rcragnizerl employee nrgani- (2) For the pu?pose of Ihts section, the term 'assist in in- zalinns of the equal employment opportunity ix+licy and pnr terce,ting or receiving' shall include the manufacture or gram and enlist (heir cooperation: distribution of equipment intended by the manufacturer or (3) communicate its equal employment opportunity I+oliry distributor (as the case may I>e) For unauthorized reception of and Qu,gram and its employment needs to sources of qualified any communications servrce oftered over a cable system in apphcanls without regard to race, color, religion, nation+al violation of subparagraph (I). origut, age, or sex, aril solicit their recruitment assistance un (b 1) Any person who willhtlly violates subsection (a)(I) a continuing basis; shall Ge fined not more Than 51000 ar imprisoned for not more (4) conduct a continuing program to exclude every torm than six months, or i,oU+. of prejudice or discrimination based on race, color, religion, (2) Any person who violates subsection (aXl) wiNtuity and national origin, a. or sex, Iron its personnel policies and for purpasns of commercial advantage or private financial gain practices and working conctilions: and shall fx fined not more Oran 525,1 or imprisoned for not (S) conduct a continuing r view of job slnrclure and more than one year, or both, for the first such ottense and shall employyment practices and adapt I,ositive recruitment, train- be fined not mare than 550,000 or imprisoned for not more ing, jol+design, and other mrasuus needed to ensure genuine Than two years, or bath, for any subsequent olfens~e. equality of otgKxhu+ity to participate lolly in ail its orgauiza- (cxl) Any person aggrieved by any violation of subsectirm tional units, occupations, and levels of responsibility. (aXl) may bring a civil action in a Unite) States district wort (del) Not later than 270 days after the effective date of this or in any other court of competent jurisdiction. section, and after notice and opportunity Fur hearing, the Com- (2) The court may - mission shall prescribe rules to carry out this section. (A) rant temporary and final injunctions on such terms (2) Such rotes shall specify 11rr~ Ienns under which an en- as it may deem reasonable to prevent or restrain violations lily specified iu subsection (a) shall, to the extent pcrssihle - ol subsection (ail); (A) disv~n,inale its equal oprorlurrity pmgr:un to job aI+- (fi) award damages as described in paragraph (3); and II+licants, employees, and Ihuse wqh whom it regularly dons lwsincss; (C) direct the recovery of lull costs, including award- Irse minority nrgani7.ations, nrganizalions Inn ing reasonable attorneys' lees to an aggrieved party who women, media, educational institutions, and other potential prevails. srnrrces of minority and Female a),plicants, to supply referrals (3)(A) Damages awarded by any court under O+is section whenever jobs are available in its operation; shall be computed in accordance with either of the following clauses: (C) evaluate its employment profile and job turnover against I?re availability of minorities and women in its Iran- i) the party aggrieved may recover the actual c)+ise area; damages guttered by him as a result of the violation and an}}~ (p) urrdertakc to offer promotions n1 minorities and profits o1 the violator that are alFributable In the violation whicl+ women to positions of greater responsibility; are not Taken into account in computing the actual cgamages; in determining the violator's profits, the party aggrieved shall (E) encourage minority and female entrepreneurs to be required to prove only the violator's gross revenue, and conduct business with all parts of its operation; and Fhe violator is required to prove his deductible expenses and (F~ analyze the results of its efforts to recnrit, hire, pvo- theelements of profit altribrilable to lactnrs other than the viola- mote, and use the services of minorities and women and ex- lion; or plain any dillicuhies encountered in implementing its equal (ii) the party aggrieved may recover an award of employmem opportunity program. statutory damages for all violations involved in the action, in (~i) Such rules also shall require an entity specified in a sum nF not less Fhan 5250 or more than S 10,000 as 4he court subsection (a) with more than 5 ful6time employees Ia file with considers just. the Commission an annual slatislica{ report ntentilying by rac e (B) In any case in which the court finds that the viola- and sex the nund,er of employees in each of the Following lull- tion was committed willfully and for purlx,ses of commercial time and part-Fiore jab categories: advantage or private financial gain, the court in its discretion officials and managers; may increase the award of damages, whether actual or statutory (ti) pmlessinnals; under subparagraph (A), by an amount of not more than (C) technicians: 150,000. (D) sales persons; (f..) office and clerirai personnel; (C~ In any case where the court finds that the violator (fl skilled craft p~rsnns; was nnl aware and had no reason to believe that his acts con- (G) semiskilled operatives; stiluted a violation of this section, the court in its discretion (F I) unskilled talxxers; and may reduce the award of damages to a sum oS not less Ihan I) service workers. f 100' Tire rclx+rt shalt include the number of minorities and wamcn (d) Nothinq'in this line shall prevent any State or iranchis' in Fhe relevant lal,ar marker For each of the above categories. ing authority from enacting or enforcing laws, consistent with Ti+e statistical report shall (m available to the public at the cen- Ihis section, regarding the unauthorized interception or recep- teal office and at every location where more than 5 [ul4time lion of any cable service or other communkaUOns service. employees are regularly assigned to work. F,dual Employment Opportunity (~t}The Commission may amend such rules Irom time to Sec. 634. (a) This section shall apply to any corporation, time to the extent necessary to carry alt U+e provisions of Il+is partnership, association, joint-stack company, or frost engaged section. Any such amendment shall bC made alter notice and primarily Fn the management or nperatton of any cabt~e system. apt+ortunity fur comment. (b) Equal opportunity in employment shall be afforded by text) On an amwal basis, the Commission shall certify each each entity specified in subsection (a), and no person shall fx entity described in subsection (a) as in compliance with this discriminated against in employment by such entity because section il, on the basis of inlormalion in the possession of the of race,'color, religion, national origin, age, or sex. Commission, including the report Filed pursuant to subsection c An emit s citied in subsection a shall establish, (d)(3), such emity was m compliance, during the annual penal O Y Y l~ O involved, with the requirements n4 subsections (b), (c), and (d). maintain, and execute a pasittve continuing program of specific (2) The Commicaion shat(, perirxlically but not less irequcnt- practicesdesigned to ensure equal opponumty in every aspect ly than every five years, investigate the employment practices of its employment policies and practices. Under the terms al of each entity descnbed in subsection (a), in the aggregate, as its program, each such entity shall - well as in individual pb cale~ories, and determine whether (i) define the responsibility of each level of management such entity is in compliance with the requirements M suhsec• to ensure a pasltive application and vigorous enforcement of lion (b), (c), and (d), ntcludinq whether such entity's employ- its policy of equal opportunity, and establish a pra:erlure to men( practices deny or abridge women and minorities equal employment oppculunities. (3) The provisions ni this section shall apply to any cable As part of such investigation, the Commission shall review operator, whether opCraling pursuant to a Iranchise granted whether the entity's reports filed pursuant In suhsecl(on (d)[3) before, on or abet the dale of the enachncnt of Ibis sci lion. acnualely reflect employee responsibilities in the reported job Judlclal Proceedln w classilicalions. K (I)(I) It the Commission finds abet notice and hearing Thal Sec. 635. (a) Any cable operator adversely alfr•csed by any final determination made by a Iranchisin authoril under scs- lhe entity involved has willlolly or repeatedly without good ~ Y cause Tailed to rnmply with the requirements of This section, lion fi25 or ('i2G may conunence an arUun wilhu, 120 days such (aihue shall constitute a suhstanliat tailure to comply wish afle( reCCIVI{4g nOtlCe Ill SrlCtl [ICII`Ilnrn.111011, which may Ix this Ii11e. The tailure to obtain cerlitication under subsection brought in - (e) shall not itself constitute the basis for a dclermination of (1) the district court of the United Stales for any judicial substantial tailure Io comply with This title. For purposes of district in which the cable system is kxated; nr This paragraph, the lenn'rel,easedly', when used with respect (2) in any State court of general jurisdiction having to larlures to comply, refers l0 3 or more failures during any jurisdiction over the panics. 7-year perirxl. (b) The court may award auy appropriate relief consistent (2) Any person who is determined by the Commission, with the provisions of the relevant section described in subsec- Ihrough an invest+ganon pursuant to subsection (c) or other- lion (a}. wise, to have tailed so meet or tailed to make tx~st efforts to meet the requirements of This section, or rules under ibis sec. Coordtnatton of Federel, Stele, lion, shall he liable Io the United States for a forfeiture penal- sod Local Authority IY of 5200 for each violation. Each day of a continuing viola- Sec. 636. (a) Nothing in This title shall he construed to al- Uon shall constitute a sepparate otlense. Any entity defined in sect any authority of any Stale, political sulxlivisirni, or agen- subsection (a) shall not t.,e liable for more than 180 days of cY (hereof, or Iranchising authority, regarding matters of public forfeitures which accrued prior to notification by the Commis- health, safety, and welfare, Io the extent consistent with the Sion of a potential violation. Nothing in this paragra~h shall express provisions of Illis title. limit the orfeilure imposed on any person as a veto t of anyy (b) Nothing in This title sha!! be construed to restrict a State violation Thal continues subsequent to such nolilicalion. In ad- Irom exercising jurisdiction with regard to cable services con- dition, any person Gable for such penalty may also have anyy sislent with Ihrs title. license under This Acl for cable auxiliaryry relay service suspend- ed until the Commission determines Ural the tailure involved Except as provided in section G37, any provision of law has been corrected. Whoever knowingly makes any false state. of any Slat+~, political subdivision, or agency thereof, or ban- ment or submits documentation which he knows to be false, chising authority, or any provision of any Iranchise, granted pursuant to an application for cerlitication under this section by such authority, whictr is inconsislenl with this Act shall shall be in violation of This section. be deemed to be preempted and superseded. (3} The provisions of aragraphs (3) and 4), and the last (rl) Fur purposes of This section the term "State" has the 2 sentences of paragraph ~Z), of section 503(bS shall apply to meaning given such term in sMtion 3(v lorieilures under shls suhseclion. Exlnt(ng Franch(rrea (4) The Commission shat provide for notice to the public Sec. 637. (a) Ttre provisions of - and appropriate franchising authorities of any penalty imposed under This section. (1) any Iranchise in effect on the effective date of This title, including any such provisions which relate to the designation, (g) Employees or applicants for employment who believe rise, or support for the use of channel Capacity for public, they have been discriminated against in violation of the re• edsrcational, or governmental Use, and quiremenls of This section, or rules under this section, or any other interested pperson, may file a complaint with the Com• (2) any law of any Slate jas defined in section 3(v)) in el- missinn. Acomplaint by any such person shall be in writing, feel on the date of the enactment of this section, or any regula- and shall be signed and sworn to by That person. The regula- lion promulgated pursuant to such law, which relates to such lions under subsection (d~( I) shall specify a program, under designation, use or support of such channel capacity, shall re• authorities otherwise available to the Commission, for the in- main rn effect, subject to the express provisions of this title, vesligation of complaints and violations, and for the enforce- and for not longer Than the Then currr•nl remaining lean of merit of this section, the Iranchise as such Iranchise existed OII SUCIr CIICCIWC datC. (hXl) For purposes of This section, the lean'cable operator' Q~) For purposes of subsection (a) and other provisions of Includes any opevalor of any satellite master antenna television this title, a Iranchise shall be considered in effect on the el• system, including a system descritxd in section G02(6XA). fective dale of t{,is title it such franchise was granted on or (2) Sucl, term does not include any operator of a system before such effective dale. whkh, In the aggrrgale, serves fewer than 50 subscribers. Crlminal and Clvll Llablllty (3) In any case in which a cable operator (s the owner Sec. 638. Nothing in this title shall be deemed to affect the of a muhiple unit dwelling, the requirements of This section criminal or civil liability of cable programmers or cable shall only apply to such ca le operator with respect to its em- operators rnrrsuant to the Federal, State, or local law o! lit>ef, ployees who are primarily engaged in cable telecommunica• slander, obscenity, incitement, invasions of privacy, Ialse or lions. misleading advertising, or other similar laws, except That cable (iXl) Noshing in This section shall affect the authority of any operators shall not incur any such liability for any program State or any )ranchising authority - earned on any channel designated for public, educattrntat, or (A) to establish or enforce any requirement which is Governmental use or on any other clranncl obtained under seo- consistent wish the requirements of this section, including any lion G12 or under similar arrangements. requirement which atlords equal employment opportunity pro- Obscene Pro rammtn section for employees; S 8 (B) to establish or enforce arty provision requiring or Sec. 639. Whoever transmits over any cable syslent any encouragm any cable operator to conduct business with enter- mailer whictr is obscene ar otherwise unprotected by she Con• prises which are owned or controlled b members o[ minori- stitiAion of the United Slates shall be tined not more Than tyty ggrouQs (as dellned in section 309(iX3~(CXii)) or which have 110,000 or imprisoned not more than two years, or both. theft pnnupal operations located within the community served Jurledlctlon by the cable operator, or Sec. 3. (aXl) Section 2(a) of the Communications Act of (C) to enforce any requirement of a franchise in effect Ig34 is amended by adding at the end thereof the foUowinq~ on the effective dale of Ihls lisle. "The provisions of this Acs shall apply with res{mcl !n cable (2) The remedies and enforcement provisions of This sec. service to all persons engaged within the United Stales inpro- lion are in addition to, and not in Ilea of, those available under viding suctr service, artd to the facilities of cable operators this or any other law. which relate to such service, as provided in title VL" (2) Section 2(b) of such Act is amended by inserting after (2) Any persnn who violates subsection (a) witllully and "section 301" the following: "and Title VL" far purposes of direct or indirect commercial advantagge ur (h) The provisions of this Act and amendments made by private financial gain shall be lined not more Than (25,000 This Acl, shall not be construed to at(ect any jurisdiction the or imprisoned for not more Than one year, or both, for the Federal Communications Commission may have under the first such conviction and shall 1)e tined not more Than (50,000 Communications Ad of 1934 wish respect to any communica- or imprisoned fur not more than two years, or both, for any Lion by wire or radio (other than cable service, az defined in subsequent conviction. section 602(5) of such Act) which is provided through a cable (3 A) Any person aggrieved by any violation of subsea system, or persons or facilities engaged in such communica- lion (a~may bring a civil action in a United Stales district court lions. or in any outer court of coml)etent jurisdiction. Pole Attachments (13) file court may - See. Section 224(c) of the Communications Act of 1934 (i) grant lempnrary and (last injunctions on such is amended b addin at the end thercol the lollowin new terms as it may deem reasonable to prevent or restrain viofa• Y B 8 lions of subsection (a); paragraph: (3) For purposes of This subsec-lion, a Stale shall cwt be and (ii) award damages as described in subparagraph (C); rnnslderecl to regulate the rates, leans, and conditions for Dole )n direct the recove g attachments - ry of full costs, includin award- (A) unless the State has issued and made ellectivc rules ing reasonable attorneys' lees to an aggrieved party who and regulations implementing the State's regulatory authority Prevails. over pole attachments; and 1) Dan)ages awarded by any court under lh)s sea (13) with respect to any individual matter, unless the Iwn shat be computed, al the election of the aggrieved party, State takes final action on a complain) regarding such matter in accoretance with either ul the following sul,clauses: - (I) the parlY aggrieved may recover the actual (i) within 180 days alter lire complaint is tiled with damages sullcntcl by lum as a result of the violation and any( the State, or profits of Ure violator Thal arc attnbUlahle. 10 the VlOfahOn Wf11Cn (ii) within the applicable ix~ricxl prescribed for such are not taken into account in computing the actual damages; )last act'lon fn such rules and regulations n( the Stale, ii the in determining the violator's profits, the party aggrieved s)1a11 prescribed period does not extend t)eyond 3G0 stays slier the i>r required to prove only the violator's ggrass revenue, and tiling of such complaint the violator shall t,e required to prove his clcduclihle exi)enses and the elements of profit attributable to )actors other than Unsuthortzed Reception of Certain CommunlcalTlons the violation; or Sec. 5. (a) Section 705 of the Communications Act of 1934 (II) the pparty aggrieved may recover an award of (as redesignated by section (fi) 47) is amended by ins,erling statutory damages for each violation involved in the actinn in "(a)" alter the sedlon designation and by adding at the end a srnn of not Icss than 5250 nr more than f 10,000, ac the court Ihereol the following new subsections: considers just. (1)) The provisions of subsection (a) shall not apply to the (ii) In any case in which the court )lads that the viola- interceplion or receipt by any individual, or the assisting ~'tn- lion was committed wiilhtlly and for purposes of direct or in- cludingthe manufacture or rile) of such interception or receipt direct commercial advantage or private financial gain, the court of any satellite cable programming 4or private viewing if - in its discretion may increase the award of damages, whether (1) the programming involved is not encrypted; and actual or statutory, by an amount of not more than 1$0,000. (2XA) a marketing system is not established under which (iii) In any race where the court iinds that the violator - was not aware and had no reason to believe that his acts com (i) an agent or agents have been lawfully desi(inated stituted a violation of this section, the court in its discretion for the purpose of authorizing private viewing by individuals, may reduce the award of damages Io a sum of not less than and S 100. (ii) such aulhnrization is available to the individual (4) "1'he importation, manufacture, sale, or dislribulirn, of involved from the appropriate agent or agents; or equipment by any persum with tlm inlcnl ul )IS use to assist (d) a marketing system described in subparagraph (A) in any activity fuohibiled by subsl•~ lion (a) shall he suhjr•ct is established and the individual receiving such programming to Penaltlrs anc remedies under This subsection to the same has obtained authorization imr private viewing under that extent and in the same manner as a l)erson who has engaged system. in such prohibited activity. (c) For purposes of this section - (5) The penalties under this snbsectirn, shat) be in addi- (I) the term 'satellite cable programming' means video Uon to those prescribed under any other provision of This title. programming which is transmitted via satellite and which is (fi) Nolhin~ in this subsection shall (»evenl any Slate, or prhnarily intended for the direct receipt by cable operators for talilical sulxlivlsion Thereof, irom cnacnmg or entorcilrg any Their retransmission to cable subscribers; laws with res`xct to the im{)ortatinn, sale, manufacture, or (2) the term 'agent,' with respect to any person, Inrtudes distribution o eq+liptment by any person with the inlcnl nl its an employee of such person; use to assist in the inlercepl,on or receipt of radio conununi• (3) the lerm'enerypl; when used with respect Io satellite cations prohibited by subsection (a). cable programming, means to Transmit such programming in (e) Nothing in this section shall attest any right, obligation, a form whereby the aural and visual characteristics fur both) or lability under title 17, United States Cale, any rule, rcgula- are modified or altered for the purpose of preventing the un- lion. or order {hereunder, or any other applicable Federal, aulhorized receipt of such programming by persons without Slate, or local law. aulhorized equipment which is designed Io eliminate the el- The amendrnenls made by subsection (a) shall take eb tests of such modification or alteration; feet on the ellective date of Ills Acl. (4) the term 'private vlewin~' means the viewing Tor Technical and Coutorming Amendments private use In an individual's dweiln~ unit by means o1 equip- ment, owned or operated by such inchvrdual, capable of receive 6. (a) Title VI of the Communications AcT of 1934 (as ing satellite cable programming directly from a satellite; and in eltect before the enactment of this Act) is recfesignalcd as (S) the term 'private financial gain' shall not include the line VII, and sections fi01 Through f 10 are redesignated as sec- ggain resulting to any individual (or the private use in such in- lions 701 Through 710, respectively. dividual's dwelling unit of any ppro~rammmg for which the in- (bx1)) Section 3tKJ(h) of the Comnwnicatinns Act of 1!t3•t is dividual has not obtained autf)onzation for Thal use. amended by striking out "section (06" ant inserting in lieu (d~(I) Any person who wil)lully violates subsection (a) shall Thereof "section 70 be fined not more than f 1,000 or imprisoned for not more (2) Section 25l I of title l8, United Stales Code is amend- Ihan six months, or both. ed - (A) fn subsection (2)(e), try striking out "section fi0S or "(Il) tar such date (but not later than May I, 19ttR) as GOCi' enaa Insertlng in lieu Urerecrl "sectinrr 705 ur 7{ifi;' and Wray IM drtcnninrrl try thc• t'nrnmission, by under, it Ibr• trpnrl (f1) in subsection (2j(f), by striking out "s~rtion G05" and is subnrilled in accordance with paragraph (I) on the date inserting in lieu Iherecrl "section 705." slrecilied in such paragraph. (3) Section 105(fx2x(') of the Foreign Imelligence "(dxl) The members of the Commission who are not ollicers Surveillance Acl of 1978 (50 U.S.C. 1805(fX2xC)) is amended or employees of the United States, while attending conferences by striking out "section G05" and inserting in lieu Ilrereol "src• or meetings of Ilre Commission or while otherwise serving at lion 105 ° the request of the Chairmen, shall be entitled to receive com• pensahon a1 the rate not in excess of the maximum rate ul Support of Acttvltles of the United States pay for grade G~IA, as provided in the Gene?al Schedule under Telecomtrounleat{one Trelning lnstltute section 5332 0l title 5 of the United States Code, inchuting (ravel See. 7. Nothing in this Act, the Communications Acl of time, and while away from their homes or regular places of 1934, or any other Act, shall Ix construed to preclude the h+tslness, (hey may be allowed travel expenses, mcludrng per Federal Communications Commission or the National Tele- diem in lieu of subsistence as authorized by law (511.S.C. 5703) communications and Information Administration within lhr for persorrs in the govemrnent service etn{cloyed mtermiuently. Department of Commerce Irorn participation (including use of "(2) The Comrniuion may alrpoinl and fix the pay of such stall and other appropriate resources) in support of any ac- sla(I as it deems necessary. livities of the United Slates Telecommunications Training in- stitute. "(e)(1) In conducting its activities, the Commission may enter into contracts to the extent it deems necessary to carry Teleeommunlcatlona Policy Study Commtaslon out its responsihililies, including contracts with non-govern- Sec. 8 Title VII of the Communications Act of 1934 (as mental entihcs that are competent to perform researc)r or in- redesignated by section 6 0l this Act) is amended by adding vesligations in areas within the Commissions rrspcrnsibilities. at the end Ihereol the following new section: "(2) The. Commission is authorized lrr hold public hear- ings, (Drums, and other meetings to enable lull public participa- 'TelecommunlceHons Policy Sterdy Commssioon" lion. "Sec. 711. (a) There is hereby established the Telecom- 1'he heads of the departments, agencies, and instrumen- munications Policy Study Commission (hereinafter in This sec- talities of lhr executive branch of the Federal Government shall lion referred to as the 'Commission') which shall - cooperate with the Commission in carrying out this section "(1) compare various domestic telecommunications and shall furnish to the Commission such information as the policies of the United States and other nations, including the Commission deems necessary to carry out this section, in ac- impacl of all such policies on the regulation of interstate and corctance with otherwise applicable law. foreign commerce, and "(g) There are authorized to be appropriated such sums as "(2) prepare and transmit a written report Iherenn to the may be appropriated to carry out This section for a period of Congress, the President, and the Federal Commwrications three fiscal years. Commission. "(h) Activities authorized by This section may Ire carried out "(b)(I) Such Commission shall be composed of the only with funds and to the extent approved in appropriation Chairmen and Ranking Minority Members of the Committee Acts. on Commerce, Science, and Transportation and the Com- "(i) Nothing in This section shall be construed to allect any munications Subcommittee of the Senate and the Committee proceedings by, or activities ol, the Federal Communications on Energy and Commerce and the Telecommunications Con• Commission, except that the Federal Communications Conr Sumer Protection and Finance Subcommittee of the House of mission shall consider submissions b the Commission sole Representatives (or delegates of such Chairmen or Mern(rers milted pursuant to subsection (aX2).'~ appointed by Them from among Members of such Committees). "(2) The ct+airmen of such committers (or their delegates) Etfectlve Date shall Ire co-chairmen of the Commissirnr• Sec. 9 (a) Except where otherwise expressly provided, lbe "(cXl) The report under subsection (aX2) shall be submit- provisions of this Act and the amendments made thereby shall led not later than December 1, 1987. Such report shall con• ~ lake eilect GO days alter ?hr date of enactment of this Act. fain the results of aA Commission studies and investigations (b} Nothing in section fi23 or 624 of the Communications under this section. Acl of 1934, as added by Ibis Act, shall tee construed to allow "(2) The Commission shall cease to exist - a Iranchising authority, or a State or any political sutxtivisirnr "(A) on December 1, 1987, it the report is not submitted of a State, to requite a cable operator to rcalorr, rctier, or reprice in accordance with paragraph (I)on the date specified tl?erein; any cable service which was lawfully eliminated, retiered, or or repriced as of September 26, 1984. APPENDIX C 1992 CABLE ACT , t PAGE 2A :1~rKr•r•ri:.r~*:gr~tM•,:r~ • ~ • ~ CABLE ACT OF 1992 ~ SECTION 1. SHORT TITLE cause - carry local broadcast signals, coupled with tl,e This Acl may be cited as tl,e 'Cable Television (A) public television provides educational and absence of a requirement Ilwl such syslerns carry Consumer Prolectiorr and Competition Act of informational programming to the Nation's Gill- local broadcast signals, the economic viability of 1992'. tens, thereby advancing the Government's corn- tree local broadcast television and its ability to pelting interest in educating its citizens; originate quality local programming will be ~eri~ SEC. 2. FINOINGS; POLICY; DEFINITIONS. (B) public television is a local community in- ously jeopardized. (a) FINDINGS. - The Congress finds and de- solution, supported Through local tax dollars and (17) Consumers who subscribe to cable tetevi- Glaresthe following: voluntary citizen contributions in excess of sion often do so to obtain local broadcast signals (t) Pursuant to the Cable Communications $10,800,000,000 since 1972, that provides public which they otherwise would not be able to receive, Policy Act of 1984, rites for cable television sec- service programminy that is responsive Io the or to obtain improved signals. Mosisuhscribers to - •+ices have been deregulated in approximately 97 needs and interests of the local community; cable television systems du not or cannot maintain percent of all Iranchises since December 29, (C) the Federal Government, in recognition of antennas to receive broadcast television services, 1986. Since rate derr:gulation, monthly rates for public television's integral rote in serving the edu- do not have inpu! selector switches to conve, t the lowest priced basic cable service have in- calionaf and informational needs of local comrnu- trorn a cable to antenna reception system, or can- creased by 40 percent or more for 28 percent rrl nitres, has invested more than $3,000,000,000 in not otherwise receive broadcast television ser- cable television subscribers. Although Il,e average public broadcasting since 1969; and vices. The regulatory system created by the Cable number of basic channels h;,s increased trorn (D) absent carriage requirements there is a Communication`; Policy Act of 1984 was premised about 24 to 30, average monthly rates have in- substantial likelihood that citizens, who have sup- upon the continued existence of mandatory car- creased by 29 percent during the same period. ported local public television services, will be de- riage obligations for cable systems, ensuring that The average monthly cable rate has increased al- prived of those services. local stations would be protected Irom anticom- most 3 times as much as the Consumer Price In- (9) The federal Government has a substantial petitive conduct by cable syslerns. dex since rate deregulation. interest in having cable systems carry the signals (18) Cable television systems often are the (2) for a variety of reasons, including loc,,t of local conunercial television stations because single most efficient distribution system for telu- franchising requirements and the extraordinary the carriage of such signals is necessary to serve vision programminy. A Government mandate for expense of constructing more than one cable fete- the goals contained in section 307(b) of the Cum- a substantial societal investment in alternative vision system to serve a particular geographic munications Act of 1934 of providing a fair, elli- distribution systems for cable subscribers, such area, most cable television subscribers have nu cient, and equitable distribution of broadcast sec- as ttre "A!B" input selector antenna system, is not opportunity to select between competing cable vices. an enduring or feasible method o1 distribution and ~ systems. Without tl,e presence of another multi- (10) A primary objective and benefit of our is not in the public interest. channel video programming distributor, a cable Nation's system of regulation of television broad- (19) At the same time, broadcast program- system faces no local competition. Tl,e result is casting is the local origination of programming. ming that is carried remains the most popular pro• undue market power for the cable operator as There is a substantial governmental interest in en- gramming on cable systems, and a substantial compared to that of consumers and video pro- Suring its continuation. portion of the benefits for which consumers pay grammers. (11) Broadcast television stations continue to cable systems is derived from carriage of the sig- (3) There has been a substantial increase in be an important source of local news and public pals of network affiliates, independent television the penetration of cable television systems over affairs programming and other local broadcast stations, and public television stations. Also cable the past decade. Nearly 56,000,000 households, services critical to an informed electorate. programming placed on channels adjacent to pop- over 60 percent of the households with televi- (12) Broadcast television programming is ular off-the-air signals obtains a larger audience sions, subscribe to cable television, and this per- supported by revenues generated Irom advertis- than on other channel positions. Cable systems, tentage is almost certain to increase. As a result ing broadcast over stations. Such programminy is therefore, obtain great benefits Irom local broad~ 01 this grovrth, tl,e cable television industry has otherwise free to those who own television sets cast signals which, until now, they have been able become a dominant nationwide video medium. and de not require cable transmission to recr:ive to obtain without the consent of the broadcaster or (4) The cable industry has become highly broadcast signals. There is a substantial govern- any copyright liability. This has resulted in an el- concentrated. The potential effects of such con- mental interest in promoting the continued avail- fective subsidy of ttre development of cable sys- centration are barriers to entry for new program- ability of such free television programming, espe- terns by local broadcasters. While at one time, mers and a reduction in the number of media cially for viewers who are unable to afford other when cable systems did not attempt to compete voices available to consumers. means of receiving programming. with local broadcasters for programming, audi- (5) The cable industry I,as become vertically (13) As a result of the growth of cable televi- ence, and advertising, this subsidy may have been integrated; cable operators and cable program,- sion, there has been a marked shift in market appropriate, it is so no longer and results in a mers often have common ownership. As a result, share from broadcast television to cable television competitive imbalance between the 2 industries. cable operators have the incentive and ability to services. (20) The Cable Communications Policy Act of favor their affiliated programmers. This could (14) Cable television systems and broadcast 1984, in its amendments to ll,e Communications make it more diilicult fur noncable-affiliated pro- letevision stations increasingly compete for televi- Act. of 1934, limited the regulatory authority of 'grammers to secure carriage on cable systems. sion advertising revenues. As ttte proportion of Iranclrisiny authorities over cable operators. Fran- '.Vertically integrated program suppliers also have households subscribing to cable television in- cttising authorities arc finding it difficult under tl,e the incentive and ability to favor their affiliated ca- creases, proportionately more advertising rev- current regulatory scheme to deny renewals to ble operators over nonatliliatr;d cable operators enr,es wilt be reallocated Irom broadcast to cable cable syslerns that arc: not adequately serving ca- and prugrarnming distributors using other tech- television systems. ble subscribers. nologies. (15) A cable television system which carries (21) Cable systems should be encouraged to (6) There is a substantial governmental and the signal of a local Television broadcaster is as- carry low•puwer television slalior,s licensed to tl,e First Amendment interest in promoting a diversity silting the broadcaster to increase its viewership, communities served, by those systems where the of views provided througl, rnulliple technology and thereby attract additional advertising rev- low power station creates and broadcasts, as a media. enues that otherwise might be earned by the ca- substantial part of its programming day, local (7) There is a substantial governmental and ble system operator. As a result, there is an ecu• programming. first Amendment interest in ensuring that cable nomic incentive for cable systems to terminate (b) STATEMENT OF POLICY. - It is tt,e policy subscribers have access to local noncommercial the retransmission of the broadcast signal, refuse of the Congress in Ibis Acl to - educational stations which Congress has aulho- to carry new signals, or reposition a broadcast (1) promote the availability to the public of a rued, as expressed in section 396(a)(5) of the signal to a disadvantageous channel position. diversity of views and inlormaliort through cable Communications Act of 1934. The distribution of Tl,ere is a substantial likelihood that absent the television and other video distribution media; unique noncommercial, educational programming reimposition of such a requirement additional lo- (2) rely on the rnarkelplace, to the maximum services advances ttrat interest. cal broadcast signals will be deleted, reposi- extent feasible, to achieve Thal availability; (8) Tt,e Federal Government has a substantial tinned, or not carried. (3) ensure that cable operators continue to e><- interest in making all nonduplicalive local public (16) As a result of the economic incentive that pond, where economically justified, their capacity television services available on cable systems be- cable systems have to delete, reposition, or not and tl,e programs offered over their cable systems: ' ' ' - ~ ' ~ PAGE 3A CABLE Al~T' CF 1992 (4j where cable television systems are no! be subject to regulation by the Commission or by graph (4), or revokes such authority's jurisdiction subject to effective competition, ensure that con- a State or franchising authority under this section. under paragraph (5), Ilre Commission shall exer- • sumer interests are protected in receipt of cable II the Commission tinrls That a cable system is not cise the Iranchising authority's regulatory jurisdic- service; subject to effective competition - lion under paragraph (2)(A) until the franchising (5) ensure that cable television operators do `(A) the rates for the provision of basic cable authority has qualified to exercise that jurisdiction not have undue market power vis-a-vis video pro- service shall be subjr;ct to regulation by a Fran- by tiling a rrew certification That meets the re- grammers and consumers. chising authority, or by the Commission if the quirements of paragraph (3). Such new certilica- (C) DEFINITIONS. -Section 602 of the Com- Commission exercises jurisdiction pursuant to lion shall be effective upon approval by the Com- munications Act of 1934 (47 U.S.C. 531) is paragraph (6), in accordance with the regulations mission. The Commission shall act to approve or amended - prescribed by the Commission under subsection disapprove any such new certification within 90 (1) by redesignating paragraph (1G) as para• (b}; and days after the date it is tiled. graph (19); "(B) the rates for cable proyrammin9 services "(b) ESTADLISIIMENT OF BASIC SERVICE (2) by striking "and" at the end of para• shall be subject to regulation by the Commission TIER RATE REGULATIONS. - graph(15}; undcrsubsection(c). `(1) COMMISSION OBLIGATION TO SUB• : (3) by redesignating paragraphs (11) lhrougtr (3) QUALIFICATION OF FRANCHISING AU- SCRIBERS. -The Commission shall, by regula- r (15) as paragraphs (13) lhrouglr (17), respective- THORITY. - A franchising authority that seeks to lion, ensure that the rates for the basic service ?Y: exercise the regulatory jurisdiction permitted un- tier are reasonable. Suclt regulations shall be de- (4) by redesignating paragraphs (1) through der paragraph (2)(A) shall file with the Commis- signed to achieve ttre goal of protecting sub- (10) as paragraphs (2) through (11), respectively; sion a written certification that- scribers of any cable system that is not subject to (5) by inserting before paragraph (2) (as so "(A) the franchising authority will adopt and effective competition tram rates for the basic ser- redesignatec)) ttre following new paragraph: administer regulations with respect to the rates vice tier that exceed the rates Ilrat v+ould be '(1) the term 'activated channels' means subject to regulation under this section That are charged for the basic service tier if such cable those channels engineered at the headend of a ca- consistent with the regulations prescribed by the system were subject to etleclive competitron. ble system fur the provision of services generally Commission under subsection (bj; "(2j COMMISSION REGULATIONS. Within available to residential subscribers of fire cable "(B) the Iranchising authority has the legal au- 180 days aher the date of enactment of the Cable system, regardless of whether such services actu- thorny to adopt, and the personnel to administer, Television Consumer Protection and Competition ally are provided, including any channel designai- such regulations; and Act of 1992, the Commission shall prescribe, and ed for public, educational, or governmental use; ; "(C) procedural taws and regulations applica- periodically thereafter revise, regulations to carry - (6) by inserting after paragraph (11) (as so re- ble to rate regulation proceedings by such author- out its obligations under paragraph (1). In pre• designated} the foNowing new parayraph: ity provide a reasonable opportunity for considNr- scribing such regulations, the Commission - `(12) the term 'multichannel video program- ation of the views of interested parties. "(A) shall seek to reduce the administrative ming distributor' means a person such as, but not "(4) APPROVAL BY COMMISSION. - A certi- burdens on subscribers, cable operators, lran- limited to, a cable operator, a multichannel multi- ficatton filed by a franchising authority under chising authorities, and the Commission, point distribution service, a direct broadcast sate(- paragraph (3) shall tie effective 30 days after the "(B) may adopt formulas or other mecha- lite service, or a television receive-only satellite date on which it is filed unless the Commission nisms and procedures in complying with the re- program distributor, who makes available for per- finds, alter notice to the authority and areason- quirements of subparagraph (A); and chase, by subscribers or customers, multiple able opportunity for the authority to comment, "(C) shall take into account the !allowing tac- channels of video programming;"; and that - tors: (7) by inserting otter paragraph (17) (as so re- "(A) the Iranchising authority has adopted or "(i) the rates for cable systems, it any, that are designated) the following nee+ paragraph: is administering regulations with respect to the subject to effective competition; "(tlt) the term 'usable activated channels' rates subject to regulation under this section drat `(ii) the direct costs (it any) of obtaining, means activated channels of a cable system, ez- are not consistent with the regulations prescribed transmitting, and otherwise providing signals car- cept those channels whose use tar the dislribu- by the Commission under subsection (b); ried on the basic service tier, including signals • lion of broadcast signals would conflict with tech- "(B) the franchising authority does not have and services carried un the basic service tier pur- nical and safety regulations as determined by the the legal authority to adopt, or the personnel to suant to paragraph (7)(B), and changes in such Commission; and". administer, such regulations; or costs; "(C) procedural laws and regulations applica- "(iiij only such portion of the joint and com- SEC. 3REGULATION OF RATES. ble to rate regulation proceedings by such author- mon costs (il any) of obtaining, transmitting, and (a) AMENDMENT. -Section G23 0l the Com- fly do not provide a reasonable opportunity for otherwise providing such signals as is deter- munications Act of 1934 -47 U.S.C. 543) is consideration of the views of interested parties. mined, in accordance with regutahuns prescribed amended to read as follows: If the Commission disapproves a franchising by (tie Commission, to be reasonably and proper- - authority's certification, the Commission shall nu- ly allocable to the basic service tier, and changes "SEC. 623. REGULATION OF RATES. lily the franchising authority of any revisions or in such costs; "(a) COMPETITION PREFERENCE; LOCAL modifications necessary to obtain approval. "(iv) the revenues (il any) received by a cable AND FEDERAL REGULATION. - "(5) REVOCATION OF JURISDICTION. - operator from advertising from prugrarr+ming that "(1) IN GENERAL. No Federal agency or Upan petition by a cable operator or other inter- is carried as part of the basic service tier or from State may regulate the rates fur the provision of ested party, the Commission shall review the icy- other consideration obtained in connection with cable service except to the extent provided under elation of cable systu;rn rates by a franchising au- the basic service tier, Itris section and section 612. Any Iranchising au- thorny under this subsection. A copy of the pelf- "(v) the reasonably and properly allocable thority may regulate the rates for the provision of lion shall be provided to the franchising authority, portion of any amount assessed as a franchise cable service, or any other communications ser- by the person tiling the petition. Il the Commis- lee, tax, or charge ut any kind imposed by any vice provided over a cable system to cable sub- sion finds that the Iranchising authority has acted Slate or local authority on the Transactions be- scribers, but only to the extent provided under inconsistently with the requirements of this sub- tween cable operatois and cable subscribers ar this section. NO Federal agency, State, or Iran- section, the Commission shall grant appropriate any other tee, tax, or assessment of general appli- chising authority may regulate the rates for cable relief. If the Commission otter the Iranchising au• cabitiry imposed by a governmental entity applied service of a cable system that is owned or operas- thority has had a reasonable opportunity to com- against cable operators or cable subscribers; ed by a local government or Iranchising authority men(, determines that the Stale and local laws `(vi) any amount required, in accordance with within whose jurisdiction that cable system is lo- and regulations are riot in conform with the regu- paragraph (4j, to satisfy franchise requirements cased and that is the only cable system located lotions prescribed by the Commission under sub- to support public, educational, or governmental within such jurisdiction. section (b), the Corrrmission shall revoke the ju- channels or the use of such channels or any other "(2) PREFERENCE FOR COMPETITION. - It risdiction of such authority. services required under the franchise; and the Commission finds That a cable system is sub- "(6) EXEf1CISE Of JURISDICTION BY COM- `(vii) a reasonable prolil, as defined by the ject to effective competition, the rates for the pro- MISSION. - II the Commission disapproves a Commission consistent with the Commission's vision of cable service by such system shall not Iranchising authori~iy's certification under para- obligations to subscribers under paragraph (1). PAGE 4A ~ ~ : , • , CABLE ACT OF 1992 - ~ r "(3) EQUIPMENT. -The regulations pre- - A cable operator may add additional video pro- '(2) FACTORS TO BE CONSIDERED. - In es• scribed by the Commission under this subsection gramming signals or services to the basic service tablishing the criteria for determining in individual shall include standards to establish, on the basis tier. Any such additional signals or services pro- cases whether rates for cable programming ser- of actual cost, the price or rate for - vided on the basic service tier shall be provided to vices are unreasonable under paragraph (1)(A), "(A) installation and lease of the equipment subscribers at rates determined under the regula- the Commission shall consider, among other foc- used by subscribers to receive the basic service lions prescribed by the Commission under this tors - tier, including a converter box and a remote con- subsection. "(A) the rates for similarly situated cable sys- trol unit and, it requested by the subscriber, such "(8) BUY-THROUGH OF QTHER TIERS PRO- terns offering comparable cable programming addressable converter box or other equipment as HIDITED. - services, taking into account similarities in lacili- is required to access programming described in "(A) PROHIBITION. - A cable operator may ties, regulatory and governmental costs, the Horn paragraph (8); and not require the subscription to any tier other than bet of subscribers, and outer relevant factors; "(B) installation and rttortlttly use of connec- the basic service tier required by paragraph (7) as "(B) the rates for Cable systems, it any, that lions for additional television receivers. a condition of access to video prograrnminy ol- are subject to effective Competition; '(4) COSTS OF FRANCHISE REQUIREMENTS Iered on a per channel or per program basis. A "(C) the history of the rates for cable pro- - -The regulations prescribed by the Commission cable operator may no! discriminate between sub- gramming services of the syslern, including the under this subsection shall include standards to scribers to the basic service tier and other sub- relationship of such rates to changes in general identify costs attributable to satisfying franchise scribers with regard to the rates charged for video consumer prices; requirements to support public, educational, artd programming offered on a per channel or per pro- `(D) the rates, as a whole, for all the cable governmental channels or the use of such than- gram basis. programming; cable equipment, and cable ser- • nets or any other services required under the "(B) EXCEPTION; LIMITATION. -The prohi- vices provided by the system, other than pro- Iranchise. bition in subparagraph (A) shall not apply to a ca- gramming provided on a per channel or per pro- "(5) IMPLEMENTATION AND ENFORCEMENT. hle system that, by reason of the lack of address- gram basis; -The regulations prescribed by the Commission able converter boxes or other lechnulogiCal limi- "(E) capital and operating costs of the cable under this subsection shall include additional cations, does not permit the operator to otter pro- system, including the quality and costs of the standards, guidelines, and procedures concerning gramming on a per channel or per program basis customer service provided by the cable system; the implementation and enforcement of such reg- in the same manner required by subparagraph and ulations, which shall include - (A). This subparagraph shall not be available to "(F) the revenues (if any) received by a cable "(A) procedures by which cable operators any cable operator after - operator from advertising from programming that may implement and Iranchising authorities may "(i) the technology utifi2ed by the cable sys- is carried as part of the service for which a rate is enforce ttte regulations prescribed by ttte Curn- tern is modified or improved in a way that elimi- being established, and changes in such revenues, mission under this subsection; Hates such technological limitation; or or from other consideration obtained in connec- • "(8) procedures for the expeditious resolution "(ii) 10 years alter the date of enactment of lion with the cable programming services con- oidisputes between cable operators and francltis- the Cable Television Consumer Protection and cerned. ing authorities concerning the administration of Competition Act of 1992, subject to subparagraph "(3) LIMITATION ON COMPLAINTS CON• such regulations; (C). CERNING EXISTING RATES. -Except during the "(C) standards and procedures to prevent un- "(C) WAIVER. - If, in any proceeding irritiat- 180-day period following the effective date of the reasonable charges for changes in the sub- ed at the request of any cable operator, the Com- regulations prescribed by the Commission under scriber's selection o1 services or equipment sub- mission determines that compliance with ttte re- paragraph (1), the procedures established under ject to regulation under this section, which scan- quirements o. subparagraph (A) would require subparagraph (B) of such paragraph shall ba Bards shall require that charges for changing the the cable operator to increase its rates, the Com- available only with respect to complaints filed service tier selected shall be based on the cost of mission may, to the extent consistent with ttte within a reasonable period of time following a such change and shall not exceed nominal public interest, grant such cable operator a waiver change in rates that is initiated after that effective amounts when the system's configuration permits Irom such requirements for such specified period date, including a change in tales Ittal results from changes in service tier selection to be effected as the Commission determines reasonable and a change in that system's service tiers. solely by coded entry on a computer terminal or appropriate. "(d) UNIFORM RATE STRUCTURE REQUIRED. by other similarly simple method; and "(C) REGULATION OF,.UNREASONABLE -A cable operator shall have a rate structure, for "(D) standards and procedures to assure fttat RATES. - the provision of cable service, that is uniform subscribers receive notice of the availability of the "(1) COMMISSION REGULATIONS. -Within throughout the geographic area in which cable basic service tier required under this section. 180 days after the date of enactment of the Cable service is provided over its cable system. `(6) fJOTICE. -The procedures prescribed Television Consumer Protection and Competition "(e) DISCRIMINATION; SERVICES FOR TItE I by the Commission pursuant to parayraph (5)(A) Act of 1992, the Commission shall, by regulation, HEARING IMPAIRED. -Nothing in this title shall shall require a cable operator to provide 30 days' establish the following: be construed as prohibiting any Federal agency, advance notice to a Iranchising authority of any `(A) criteria prescribed in accordance with Stale, or a franchising aulltoriry from - increase proposed in Ilte price to be charged for paragraph (2) for identifying, in individual cases, "(1) prohibiting discrimination among sub• the basic service tier. rates for cable programming services that are un- scribers and potential subscribers to cable ser- "(7) CUMPON[NTS OF BASIC TIER SUDJECT reasonable; vice, except that no Federal agency, Stale, or Iran• TO RATE REGULATION. - "(B) lair and expeditious procedures fur the chising authority may prohibit a cable operator `(A) MINIMUM CONTENTS. -Each cable op- receipt, consideration, and ?esolution of tom- from offering reasonable discounts In senior citi~ erator of a cable system shall provide its sub- plaints Irom any subscriber, franchising authority, zees or other economically disadvantaged group scribers a separately available basic service tier ?o or other relevant State or local government entity discounts; or which subscription is required for access to any alleging that a rate for cable programming set- `(2) requiring and regulating the installation other tier of service. Such basic service tier shall, vices charged by a cable operator violates the cri- or at a minimum, consist of the following: feria prescribed under sUbparagraplt (A), which rental of equfpmenf which facilitates the reception `(i) All signals carried in fulfillment of the re- procedures shall include the minimum showing of cable service by hearing Impaired individuals. quirements o! sections 614 and 615. that shall be required for a complain) to obtain "(f) NEGATIVE OPTION BILLING PROHIBITED. "(ii) Any public, educational, and governmen- Commission consideration and resolution o! - A cable operator shall not charge a subscriber cal access programming required by the franchise whether the rate in question is unreasonable; and for any service or equipment that the subscriber of the cable system to be provided to subscribers. "(C) the procedures to De used to reduce rates has not affirmatively requested by name. For pur- '(iii) Any signal of any television broadcast for cable program services that are determined by poses of this subsection, a subscriber's failure to station that is provided by the cable operator to the Commission to be unreasonable and to refund refuse a cable operator's proposal to provide such any subscriber, except a signal which is secondar- such portion of the rates or charges that were service or equipment shall not be deemed to be ily Transmitted by a satellite carrier beyond lire lo- paid by subscribers alter the filing of such corn- an affirmative request for such service or equip- . cal service area of such station. plaint and that arc determined to he unreason- ment. "(B) PERMITTED ADDITIONS TO BASIC TIER. able. '(g) COLLECTION OF INFORMATION. - Tlta ~-~-r:-.• ;•:.r . . • ~ PAGE 5A CABLE AICT OF 1992 Commission shall, by regulation, require cable tier, and (B) video programming olleced on a per ghost-canceling, Iron the broadcast signal and operators to file with Ilre Commission or a Iran• channel or per program basis.", employ such enhancements at the system head- cirising authority, as appropriate, within one year (b) EFFECTIVE DATE. -The amendment end or headends. after the date of enachnenl of the Cable Television made by subsection (a) shall take etled 180 days `(8) The cable operator shall carry the entirety Consumer Protection and Competition Act of after the date of enactment of this Act, except that of the program schedule o! any television station 1992 and annually thereafter, such financial infor- the authority of the Federal Communications carried on the cable system unless carriage of motion as may be needed for purposes of admen- Commission to prescribe regulations is effective specific programming is prohibited, and other istering and enforcing this section. on such dale of enactment. programming authorized to be substituted, under "(h) PREVENTION OF EVASIONS. -Within section 76.67 or subpart F of part I6 0l title 47, 180 days abet the date of enactment of the Cable SEC. 4 CARRIAGE OF LOCAL COMMERCIAL Code of Federal Reyulations (as in effect on Jan- ielevisron Consumer Prulectimr and Cony,etiliun IELEVISION SIGNALS. uary 1, 1991), or any successor regulations there- Act of 1992, the Commission shall, by regulation, Part tt ut title V{ ut the Communicatrons Act ut lo. establish standards, guidelines, and procedures 1934 is amended by inserting after section 613 "(4) SIGNAL QUALITY. - to prevent evasions, including evasions that result (47 U.S.C. 533) the following new section: "(A) NONDEGRAUATION; TECHNICAL SPECK Irom relieriny, of the reyuirernents of this section FICATIONS. -The signals of local commercial and shall, thereafter, periodic;dly review and re "SEC. 6i4 CARRIAGE OF LOCAL COMMERCIAL television stations that a cable operator carries vise such standards, yuidelines, and procedures. TELEVISION $IGNALS• shall be earned without material degradation. The "(i) SMALL SYSTEMS BURDENS. - In Bevel- "(a) CARRIAGE OBLIGATIONS. -Each cable Commission shall adopt carriage standards to en- oping and prescribing regulations pursuant !o this operator shall carry, on the cable system of that sure That, to the extent technically feasible, the section, the Commission shall design such regu- operator, the signals of local commercial televi- quality of signal processiny and carriage provided lotions to reduce the administrative burdens and lion stations and qualified taw power stations as by a cable system for the carriage of local can- cost of compliance for cable systems that have provided by this section. Carriage oI additional rnercial television stations will be no less than That 1,000 or tevrer subscribers. broadcast television signals on such system shall provided by the system for carriage of any other "(j) RATE REGULATION AGREEMENTS. - be at the discretion of such operator, subject to type of siynal. During the term of an agreement made before section 325(b). `(B) ADVANCED TELEVISION. - Ai such tune July 1, 1990, by a Iranctrising authority and a ca- "(b) SIGNALS REQUIRED. - as the Commission prescribes modifications of ble operator providing for the regulation of basic "(1) IN GENERAL. - (A) A cable operator of a the standards for television broadcast Signals, the cable service rates, where (here was not effective cable system with 12 or fewer usable activated Commission shall initiate a proceeding to estab- competition under Commission rules in effect on channels shalt carry the signals of al least three fish any changes in the signa! carriage require- lhat date, nothing in this section (or the regula- local commercial television stations, except that if menns of cable television systems necessary to lions thereunder) shall abridge the ability of such such a system has 300 or fewer subscribers, it ensure cable carriage of such broadcast signals of (ranchisiny authority to regulate rates in accor- shalt not be subjerl to any requirements under local commercial television stations ~vl,ich have dance with such an agreement. this section so long as such systerrr does not been chanyed to conform with such modified "(k) REPORTS ON AVERAGE PRICES. -The delete from carriage by that system any signal of standards. Commission shall annually publish statistical re- a broadcast television station. "(5) DUPLICATION NOT REOt11RED. - ports on ttrc averaga rates for basic coots service "(B) A cable operator of a cable system vrith Notwithstanding paragraph (1), a cable operator and olt,er cable programming, and for converter more than 12 usable activated channels shall car- shall not be required to carry the signal of any lo~ boxes, remote control units, and other equipment, ry the signals of local commercial television sta• cal commercial television station that substantial- of - lions, up to one-third of the aggregate number of ly duplicates the signal of another focal commer- "(1) cable systems tha! the Commission has usable activated channels o1 such system. ctal television station which is carried on its cable found are subject to effective competition under "(2) SELECTIOIV OF SIGNALS. Whenever system, or to carry the signals of more than one sub-section (a)(2), compared with the number at local commercial television sta- local commercial television station alliliated with a `(2) cable systems that the Commission h;rs lions exceeds the maximum number of signals a particular broadcast nelworK (as such term is de found are nut subject to such effective compete- cable systerrr is required to carry under paragraph lined by regulation). II a cable operator elects to lion. (1), the cable operator shall have discretion in se- carry on its cable system a signal which substan- "(1) DEFINITIONS. - As used in this sec- Iecting which such stations shall be carried on its Bally duplicates the signal of another local com- tion- cable system, except that - mercial television station carried on the cable sys- "(1) Tt,e term 'effective competition' means "(A) under no circumstances shall a cable op- tern, or to carry on its system the signals of more "(A) (ewer than 30 percent of the households erator carry a qualified low power station in lieu than one local commercial television station allili in the franchise area subscribe to the cabie sec- of a local cornmercia! television station; and ated with a particular broadcast network, all such vice of a cable systerrr; "(p) tl the cable operator elects to carry an af- signals shall be counted toward the number of "(8) the franchise area is - Ciliate of a broadcast network (as such term is de- siynats the operator is required to carry under "(i) served by a! least two unaffiliated multi- tined by the Commission by regulation), such ca- paragraph (1), channel video prograrnrning distributors each of ble operator shall carry the affiliate of such broad- "(ti) CfiANNEL POSITIONING. -Each signal which otters comparable video prograrnrning to at cast network whose city of license reference point, carried in lulfillmerrt of the cauiage obligations of least 50 percent ut the households in ttre tr;,rr- as defined in section 76.53 of title 47, Code of a cable operator under Ibis section shall be car• chile area; and federal Regulations (in effect on January 1, 1991), reed on the cable syslern channel number or, "(ii) the number of households subscribing to or any successor regulation thereto, is closest to which the local commercial television station is • programming services otlered by multichannel the principal headend of the cable system. broadcast over ttre air, or on the channel on wtrict, video programming distributors other than the "(3) CONTENT i0 BE CARRIED . - (A) A ca- it was carried on July 19, 1985, or on the ct,annei largest multichannel video prugramrning dislrihu- ble operator shall carry in its entirety, on the cable on which it was carried on January 1, 1992, al the for exceeds 15 percent of the households in tl,e system of that operator, the primary video, ac- election of the station, or on such other channel franchise area; or companying audio, and Irne 21 closed caption number as is mutually agreed upon by the station `(C) a multichannel video programming des- transmission of each of the local comrnerctat fete- and ttre cable operator. Any dispute regarding the tributor operated by the franchising authority for vision stations carried on the cable system and, to positioning of a local commercial television sra- that Iranchise area offers video programming to the extent technically feasible, program-related lion shall be resolved by ttre Commission. at least 50 percent of the households in that Iran- material carried in the vertical blanking interval or (7) SIGNAL AVAILABILITY. -Signals tarried chile area, on subcarriers. Retransmission of other material in lultillment of the requirements o! this section "(2) TJIe term 'cable programming service' in ttre vertical blanking interval or otfrer nonpro- shall be provided to every subscriber of a cable means any video programming provided over a gram-related material (including teletext and other system. Such signals shall be viewable via cable cable system, regardless of service tier, including subscription and advertiser-supported Informs- on alt televislon receivers of a subscriber which installation or rental of equiprnenl used for the re- lion services) shall be at the discretion of the ca- are connected to a cable syslern by a cable opera- ceipl of such video programming, other Than (A) ble operator Where appropriate and IeasiDle, op- for or for which a cable operator provides a con video programming carried on the basic service erators may delete sign enhancements, such as nection. It a cable operator authorizes subscribers PAGE 6A ~ ~ - ~ ~ - CABLE ACT OF 1992 to install additional receiver connections, but does mental channels not in use tar their designated programming service that is predominantly uti- not provide the subscriber with such connections, purposes. lized for the Transmission of sales presentations or with the equipment and materials for such cor+- "(d) REMEDIES. - or program length commercials. nections, tt+e operator shall nobly such sub- "(1) COMPLAINTS BY BROADCAST STA- "(2) PROCEEDING CONCERNING CERTAIN scribers of all broadcast stations carried on tt+e TIONS. - Wl+enever a local commercial televi- STATIONS. -Within 210 days otter the date of ' cable system which cannot be viewed via cable lion station believes that a cable operator has enactment of this section, the Commission, without a converter Dox and stall oiler to sell or tailed to meet its obligations under Itris section, notwitl+standing prior proceedings to determine lease such a converter Dox to such subsrribers at such station shall notify the operator, in writing, whether broadcast television stations that are pre- rates in accordance wish section 623(b)(3). of the alleged failure and identity its reasons fur dominar+tly utilized for the transmission of sales `(8) IDENTIFICATION Of SIGNALS CARRIEfI believing that the cable operator is obligated to presentations or program length commercials are - A cable operator shall identify, upon request Dy carry the siyna) o) such station or has otherwise serving the public interest, convenience, and ne- any person, tt+e signals carried on its system ii+ tailed to comply willr ttte channel positioning or cessily, shall complete a proceeding in accor- lullillment of the requirements of this section. repositioning or other requirements of this sec- dance with This paragraph to determine whether `(9) NOTIFICATION. - A cable operator shall hon. The cable operator shall, within 30 days of broadcast leievision stations that are predomi- provide written notice to a local comrr+ercial fete- such written notification, respond in writing to Woolly utilized for the transmission of sales pre- vision station at least 30 days prior to either delel• sucl+ notification and either commence to carry sensations or program length commercials are ing Irom carriage or repositioning Iha1 station. No the siyna) 01 such station in accordance with the serving the public interest, convenience, and ne- deletion or repositioning o! a local commercial terms requested or slate its reasons for believing cessily. In conducting such proceeding, ttte Com- television station shall occur during a period i++ that it is not obligated to carry suchsignal or is in mission shall provide appropriate notice and op- which major television ratir+gs services measure compliance with tt+e channel positioning and portunity for public comment. The Commission the size of audiences of local Television stations. repositioning and other requirements of this sec- shall consider the viewing of such stations, the The notification provisions of this paragraph shall lion. A local commercial television station that is level o! competing demands for the spectrum al- not be used to undermine or evade the channel denied carriage or channel positioning or reposi- located to such stations, and the role of such sta- . positioning ar carriage requirements imposed tinning in accordance with this section by a cable lions in providing competition to nonbroadcast upon cable operators under this section. operator may obtain review of such denial by fit- services offering similar programming. In the `(10} COMPENSATION FOR CARRIAGE. - A ing a complaint with the Commission. Such coin- event that the Commission concludes that one or cable operator shall not accept or request mono- plaint shall allege the manner in which such cable more of such stations are serving tt+e public Inter- tary payment or other valuable consideration in operator has tailed to meet its obligations and u+e esl, convenience, and necessity, the Commission exchange either for carriage of local commercial bzsis for such allegations. shall qualify such stations as local comrnerciat television stations in tulfillrnent of the require- "(2) OPPORTUNITY TO RESPOND. -The television stations for purposes of subsection (a). menu of this section or for the channel position- Commission shall afford such cable operator an In the event that the Commission concludes that ing rights provided to such stations under this opportunity to present data and arguments to es- one or more of such stations are not serving the section, except That- tablish that there has been no failure Io meet its ..public interest, convenience, and necessity, the "(A) any such station may be required to bear obligations under this section. Commission shalt allow the licensees of such sla- the costs associated with delivering a good quali- "(3) REMEDIAL ACTIONS; DISMISSAL. - lions a reasonable period within which to provide ry signal or a baseband video signal to the princi- Within 120 days after the date a complaint is filed, different programming and shall not deny such pal headend of the cable system; the Commission shall determine whelhar the ca- stations a renewal expectancy solely because "(B) a cable operator may accept payments ble operator has met its obligations under this their programming consisted predominantly of from stations which would De considered distant section. If the Commission determines that tl+e sales presentations or program length commer• signals under section 111 0l title 17, United cable operator has failed fo meet such obliga- clots. States Code, as indemnification for any increased lions, the Commission shall order the cable oper- "(h) DEFINITIONS. - copyright liability resulting from carriage o! sucl+ ator to reposition the complaining station or, in "(1) LOCAL COMMERCIAL TELEVISION STA- signal; and the case of an obligation to carry a station, to TION. - "(C) stable operator may continue to accept commence carriage of the station and to continue "(A) IN GENERAL. -For purposes of this monetary payment or other valuable considers- such carriage for at least 12 months. 11 ?he Com- section, the term 'local comrnerciat television sta- tion in exchange for carriage or channel position- mission determines that the cable operator has lion' means any. full power television broadcast ing of the signal of any local commercial telew- fully met the requirements of this section, it shall s?alion, other than a qualified noncommercial sion station carried in fulfillment of the require- dismiss the complaint. educational television station within the meaning menu o! this section, throuyh, but not beyond, "(e) INPUT SELECTOR SWITCH RULES of section 615(1)(1), licensed and operating on a the date of expiration of an agreement thereon be- A80LISIIED. - No cable operator shalt be re- channel regularly assigned to its cornmr+niry by tween a cable operator and a local commercial quired - the Commission that, wish respect to a particular television station entered into prior to June 26, `(1) to provide or make available any input se- cable system, is will+in tl+e same television market 1990. lector switch as defined in section 76.5(rnrn) of ti- as the cable system. "(c) LOW POWER STATION CARRIAGE OBLI- tie 47, Code of federal Regulations, or any cony "(Bj EXCLUSIONS. -The term 'local co~~ GATION - parable device; or inertial television station' shall not include `(1) REQUIREMENT. - If Il+ere are not suffi- "(2) to provide information to subscribers "(ij low power leievision stations, television cient signals of full power local comrnerciat televi- about input selector switches or comparable de- translator stations, and passive repeaters whicfr sion stations to till the chanr+els set aside under vices. operate pursuant to part 74 0l title 47, Code of subsection (b) - "(I) REGULATIONS BY COMMISSION. Federal Regulations, or any successor regulations "(A) a cable operator of a cable system with a Witt+in 180 days after the date of enactment of llterelo; capacity of 35 or fewer usable activated channels this section, tl+e Commission shaft, following a "(ii) a television Drbadcast station that would shall De required to carry one qualified low power rulemaking proceeding, issue regulations imple- be considered a distant signal under section 111 station; and menting the requirements imposed by this sec- of title 17, United States Code, it such station "(B) a cable operator of a cable system with a lion. Such implementing regulations shall include does not agree to indemnity the cable operator for capacity of more than 35 usable activated than- necessary revisions to update section 7b-51 of ti- any increased Copyright liability resultiny Irom nets shall be required to carry two qualified low tie 47 of the Code of federal Regulations. carriage on the cable system; or power stations. "(g) SALES PRESENTATIONS AND PROGRAM `(iii) a television broadcast station that does "(2) USE OF PUBLIC, EDUCATION, OR GOV- LENGTH COMMERCIALS.- not deliver to the principal headend of a cable ERNMENTAL CHANNELS. - A cable operator re- `(t) CARRIAGE PENOtNG PROCEEDING. - system either a signal level of •45dBm for UtiF quired to carry more than one signal of a qualified Pending the outcome of the proceeding under signals or -49dBm for VIiF signals at tt+o input low power station under this subsection rosy do paragraph (2), nothing in this Act shall require a terminals oI tl+e signal processing equipment, it so, subject to approval by llte trancl+ising authori- cable operator to carry on any tier, or prohibit a such station does not agree to be responsible for ry pursuant to section 611, Dy placing such addi- cable operator Irom carrying on any tier, the sig• the costs o1 delivering to the cable systen+ a sig- tional station on public, educational, or yoverr+- nal of any commercial television station or video nal of good quality or a baseband video sigr+al. - ~ PAGE. 7A CABLE ACT OF 1992 "(C) MARKET DETERMINATIONS. - (i) For Regulations: (3) SYSTEMS WITH 13 TO 36 CtiANNEIS. - purposes of this section, a broadcasting station's "(D) such station is located no more than 35 (A) Subject to subsection (c), a cable operator of market shall be determined in the manner provid- miles from the cable system's headend, and deliv- a cable system wilts 13 tea 36 usable activated ed in section 73.3555(d)(3)(i) of title 47, Code of ere to the principal headend of the cable system channels - Federal Regulations, as in elfecl on May 1, 1991, an over-Ihe-air signal of good quality, as deter- `(i} shalt carry the signal of at least one quali- except that, following a written request, the Com- mined by the Commission; tied local noncommercial educational television mission may, wish respect to a particular televi- "(E) the community of license of such station station but shall not be required to carry the sig- sion broadcast station, include additional cornmu- and the franchise area of the cable system are pals of more titan three such stations, pities within its television market or exclude Com- bosh located outside of the largest 160 Metropoli- "(ii) may, in its discretion, carry additional munities Irom such station's television market to tan Statistical Areas, ranked by population, as de- such stations. better ellectuate the purposes of this section. In termined by the Office of Manayemenl and Bud- "(D) In the Case of a cable system described considering such requests, the Commission may get or, June 30, 1990, and the population of such in this paragraph which operates beyond the determine that particular communities are part of community of license on such dale did not exceed presence of any qualified local noncommercial ed- more titan one television market. 35,000; and ucational television station, the cable operator "(ii) In considering requests tiled pursuant to "(F) there is no lull power television broadcast shall import and tarry on that system Ihe signal clause (i), the Commission shall allord particular station licensed to any community within tfte of a[ least one qualified noncommercial eduCa- attention to the value of localism by taking into county or other political subdivision (ol a State) tional television station to comply with subpara- account such factors as - served by the cable system. graph (A)(i). ~ ` "(I) wl,ellter the station, or other stations lo- Nothing in this paragraphs shall be construed to "(C) The cable operator of a cable system de- cated in the same area, have been historically car- chanye the secondary status of any low power scribed in this paragraph which carries the signal I rigid on Ihe cabfr. system or systems within such station as provided in part 74 0l title 47, Code of of a qualified local noncommercial educational community; Federal ftegulalions, as in effect on llte date of en- station affiliated with a State public television net- ~ "(II) whether the television station provides actment of this section.". work shall not be required to carry the :>ignal of coverage or other local service to such communi- any additional qualified local noncommercial edu- ty; SEC. 5 CARRIAGE OAF NONCOMMERCIAL STA- rational television stations affiliated with the same "(III) whether any other television station that TIONS. network if the programming of such additional is eligible to be carried by a cable system in such Part I! of title VI of the Communications Act of stations is substantially duplicated by the pro- community in fulfillment of the requirements of 1934 (47 U.S.C. 531 et seq.) is further amended gramming of the qualified local noncommercial this section provides news coverage of issues of by inserting after section E14 (as added by sec- educational television station receiving carriage. ~ concern to such community or provides carriage lion 4 of this Act) the following new section: "(D) A cable operator of a system described in or coverage of sporting and other events of inter- this paragraph which increases ttse usable activat- est to ?he community; and "SEC. 615. CARRIAGE OF NONCOMMERCIAL ED• ed channel capacity of the system to more than "(IV) evidence of viewing patterns in cable UCATIONAL TELEVISIDN. 36 channels on or after March 29, 1990, shall, in and noncable households within the areas served "(a) CARRIAGE OULIGATIONS. - In addition accordance with the other provisions o1 Ibis sec- . by the cable system ur systems in such commu- to tl,e carriage requiramenls set forth in section lion, carry the signal of each qualified Incas non- niry. 614, each cable operator of a cable system shall commercial educational telCVis(on station request- "(iii) Arable operator shall not delete Irom carry the signals of yualitied noncommercial edu- ing carriage, subject Io subsection (e). 1 carriage the signal of a comrr,ercia! television sfa- rational television stations in accordance with tl,e "(c) CONTINUED CARRIAGE OF EXISTING lion during the pendency of any proceeding put- provisions of this section. STATIONS. -Notwithstanding any other provi• ~ suant to this subparagraph. "(b) R[QUlREMENTS TO CARRY QUALIFIED sion of this section, all cable operators shalt con- I ' "(iv) In Ihe rulemakiny proceeding required by STATIONS. - time to provide carriage to all qualified local non- I subsection (I), the Commission shalt provide for "(t) GENERAL REQUIREMENT TO CARRY commercial educaliorsal television stations whose expedited consideration of requests filed under EACH OUALIFIEO STATION. -Subject to para- signals were carried on their systems as of March this subparagraph. graphs (2) and (3) arad subsection (e), each cable 29, 1990. The requirements of Ibis subsection "(2) QUALIFIED LOW POWER STATION. - operator shall carry, nn the cable system of that may be waived with respect to a particular cable The term 'qualified low power station' means any cable operator, any qualified local noncommercial operator and a particular such station, upon the television broadcast station conforming to the educational television station requesting carriage. written consent of the cable operator and the sta- rules established for Low Power Television Sta- " (2) (A) SYSTEMS WITH 12 Oft FEWER lion. lions contained in part 74 of title 47, Code of Fed- CHANNELS. -Notwithstanding paragraph (1), a "(d) PLACEMENT OF ADDITIONAL SIGNALS. eras Regulations, only it - cal,le operator of a cable system with 12 or fewer - A cable operator required to add the signals of "(A) such station broadcasts for at least thr. usable activated channels shall be required to car- yualilied local noncommercial educational televi- minimum number o1 hours of operation required ry the signal of one qualified local noncommercial sion stations to a cable system under this section by the Commission for television broadcast eta- educational television station; except that a cable may do so, subject to approval by Ihe franchising bons under part 73 of title 47, Code of federal operator of such a system shall comply with sub• authority pursuant to section 611, by placing ReDulations; section (c) and may, in its discretion, carry the such additional stations on public, educational, or • "(D) such station meets all obligations and re- signals u! other qualified noncommercial educa- governmental channels not in use for their desig- quiremenls applicable to Television broadcast sfa- Ronal television stations. oared purposes. lions under parr 73 of title 47, Code of Federal "(8} In the case of a cable system described "(e) SYSTEMS WITH MORE TITAN 36 CHAN- Regulations, with respect to the broadcast of non in subparagraph (A) which operates beyond the NELS. - A cable operator o1 a cable system vnih entertainment programming; programming and presence of any qualified local noncommercial ed- a capacity of more than 36 usable activated chan• t rates involving political candidates, election is- ucational television station - nets which is required to carry the signals of three sues, controversial issues o1 public importance, "(i) the cable operator shalt import and carry qualified local noncommercial educational lelevi- editorials, and personal attacks; programming for on that system the signal of one qualified non- sion stations Shall not be required to carry the children; anU equal employment opportunity; and commercial educational television station; signals of additional such stations the program- the Commission determines that the provision of "(ii) the selection for carriage of such a signal ming of which substantially duplicates the pro- such programming by such station would ad- shall be at the election of the cable operator; and gramming broadcast by another qualified local dress local news and informational needs which '(iii) in order to satisfy the requirements for noncommercial educational television stalfon re- are not being adequately served by lull power carriage specified in This subsection, the cable op• questing carriage. Substantial duplication shall be television broadcast stations because of the qeo- erator of the system shall not be required to re- defined by the Commission in a manner that pro• graphic distance of such full power stations from move any ostler programming service actually moles access to distinctive noncommercial edu• Ilte low power station's community of license,; provided to subscribers on March 29, 1990; ex- rational television services. `(Cj such station complies with interference cept that such cable operator shall use the lirsl "(I) WAIVER OF NONDUPLICATION RIGIfTS. regulations consistent wtlh its secondary status channel available to satisfy the requuements of - A qualified focal noncommercial educational pursuant to part 74 of title 47, Code of federal this subparagraph. television s?alton whose signal is carried by a ca PAGE SA ~ ~ ~ - CABLE ACT OF 1992 Dle operator shall not assert any network Hondo- able to every subscriber as part of the caUle sys- `(ii) has as its licensee an entity which is ellgi- plication rights it may have pursuant to section lem's lowest priced service tier that includes the ble to receive a community service grant, or any 76.92 0l title 47, Code of Federal Regulations, to retransmission of local commercial television successor grant thereto, Irom the Corporation !or require the deletion of programs aired on other broadcast siynals. Public Broadcasting, or any successor organiza- qualitied local noncommercial educational televi- "(i) PAYMENT FOR CARRIAGE PR0111B1T- lion thereto, on the basis of the lorrnula set forth Sion stations whose signals are carried Uy thaS ca- E0.- in section 396(k)(6)(B); or ble operator. `(1) fN GENERAL. - A cable operator shall "(B} is owned and operated by a municipality "(g) CONDITIONS OF CARRIAGE. - not accept monetary payment or other valuable and transmits predominantly noncommercial pro- "(1) CONTENT TO BE CARRIED, - A caUle consideration in exchange for carriage of tl+e sig- grams for educational purposes. Such term In- operator shall retransmit in its entirety the prima- naf ul any qualified local noncommercial educa- eludes (I) the translator at any noncommercial ry video, accompanying audio, and line 21 closed tional television station carried in fulfillment of the educational television station with rive watts or caption transmission of each qualified local non- requirements of this section, except that such a I+igl+er power serving ft+e franchise area, (II) a commercial educational television station whose station may be required to bear Ilre cost associat- lull-service station or translator it such station or signal is carried on the cable system, and, to the ed witf+ delivering a good quality signal or a base- translator is licensed to a cf+annel reserved for extent technically feasible, program-related mate- band video signal to the principal headend of the noncommercial educational use pursuant to sec- - riot carried in tl,e vertical blanking interval, or on caUte system. tiorr 73.606 0l title 47, Code o1 Federal Regula- subcarriers, that may be necessary for receipt of "(2) DISTANT SIGNAL EXCEPTION. - lions, or any successor regulations thereto, and programming by handicapped persons or for edu- Notwithstanding the provisions of this section, a (III) such stations and translators operalir,g on catianal or language purposes. Retransmission of caUfe operator sl,alf not be required to add the channels not so reserved as tf+e Commission de- olf+er material in the vertical blanking interval or signal of a qualified local noncornmercia{ educa- termines are qualified as noncommercial educa- on subcarriers shall be within the discretion of the tional television station nut already carried under tional stations. cable operator. the provision of subsection (c), where suet, signal "(2) QUALIFIED LOCAL NONCOMMERCIAL `(2) BANDWIDTIi AND TECHNICAL QUALITY. would be considered a distant signal for copyright EDUCATIONAL TELEVISION STATION. -The - A cable operator shall provide each qualified purposes unless such station indemnifies lf,e ca- term 'quafilied local noncommercial educational local noncommercial educational television sta- ble operator for any increased copyright costs re- television station' means a qualified noncornmer- tion whose signal is carried in accordance with suiting Irom carriage of such signal. riot educational television slation- this section wilt, bandviidth and technical capacity (J) REMEDIES. - "(A) which is licensed to a principal communi- equivalem to that provided to commercial televi- "(t) COMPLAINT. - Whenever a qualified lo- ty whose reference point, as defined in section sion broadcast stations carried on the cable sys- cal noncommercial educational television station 76.53 of title 47, Code of Federal Regulations (as rem and shall carry the signal of each qualified fo- Uelieves that a cable operator of a cable system in effect on March 29, 1990), or any successor cal noncommercial educational television station has tailed to comply with the signal carriage re- regulations thereto, Is vrilt+in 50 miles of the prin- without material degradation. quiremenls of this section, the station may file a cipal headend of the cable system; or "(3) CHANGES IN CARRIAGE. -The signal of complaint with the Commission. Such complaint "(B) whose Grade B service contour, as de- aqualified local noncommercial educational fete- shall allege the manner in which such cable oper- tined in section 73.683(a) of such title (as in ef- vision station shall not be repositioned by a cable ator has failed to comply with such requirements feet on March 29, 1990), or any successor regula- operator unless the cable operator, at least 30 and state the basis for such allegations. lions thereto, encompasses the principal headend days in advance of such repositioniny, has pro- "(2) OPPORTUNfTY TO RESPOND. -The of the cable system.'. vided written notice to the station and all sub- Commission shall afford such cable operator an scribers of the cable system, for purposes of this opportunity to present data, views, and argu- SEC. 6. RETRANSMISSION CONSENT FOA CA- paragraph, repositioning includes (A) assignment n+ents to establish that tl+e cable operator has BLE SYSTEMS. of a qualified local noncommercial educational complied will+ tt+e siynal carriage requirements of (A) AMENDMENT. -Section 325 0l the Com- television station to a cable systen, channel nom- this section. munications Act of 1934 (47 U.S.C. 325) is t her different born the cable system channel nom- "(3) REMEDIAL ACTIONS; DISMISSAL - amended - her to wl+ich tl+e station was assigned as of March Within 120 days alter the date a complaint is tiled (1) by redesignating subsections (b) and (c) 29, 1990, and (f3) deletion of the station from the under tf,is subsection, the Commission shall de- as subsections (c) and (d), respectively; and cable system. The notification provisions of Il+is termine whether the cable operator has corr,plied (2) by inserting immediately after subsection paragraph shall not be used to undermine or with the requirements of this section. If the Com- (a) the following new subsection; evade the Channel positioning or carriage require- mission determines that the cable operator has '(b)(1) Following the date tf+al is one year al- ments imposed upon cable operators under this failed to comply with such requirements, the ter tl+e date of enactment of the Cable Television section. Commission shalt state with particutariry the ba- Consumer Protection and Competition Act of `(4) G000 OUAI.ITY SIGNAL REQUIRED - sis for such findings and order the cable operator 1992, no cable system or other multichannel Notwithstanding the ottrer provisions of this sec- to take such remedial action as is necessary to video programming distriUutor shall retransmit lion, a cable operator shall not Ue required to car- meet surf, requirements. tf the Commission de- the signal of a Uroadcasting station, or any pan ry the signal of any quafilied local noncommercial termines that the cable operator has tufty com- thereof, except - educational television station wt+iclr does not de- plied with such requirements, the Commission `(A) with the express authority of the originat- liver to the cable system's principal headend a shall dismiss the complaint. ing station; or signal of good quality or a baseband video siynal, "(k) IDENTIFICATION OF SIGNALS. - A cable "(B) pursuant to section 614, in the case of a as may be defined by the Commission. operator shall identity, upon request by any per- station electing, in accordance will+ this subsec- "(5) CHANNEL POSITIONING. -Each signal son, those signals carried in fuffitlmenl of the re- lion, to assert tl,e right to carriage under such i carried in fullillrnent of the carriage obligations of quiremenls of this section- section `(2) The provisions of this subsection a cable operator under this section shall be car- "(I) DEFINITIONS. -For purposes ul this stroll not apply to - ried on the cable system channel number on section- "(A) retransmission of the signal of a rton- which the quafilied local noncommercial educa- "(1) OUALIFIEO NONCOMMERCIAL EOUCA- commercial broadcasting station; tional television station is broadcast over ll+e air, TIONAL TELEVISION STATION. -The term 'goal- `(B) retransmission directly to a home satel- or on the channel on which it was carried on July ified noncommercial educational television sta- tits antenna of the signal of a broadcasting station 19,1985, at the election of the station, or on such lion' means any television broadcast station tt+at is not owned or operated by, or affiliated other channel number as is mutually agreed upon which - with, a broadcasting network, it such signal was by the station and the cable operato?. Any dispute "(A)(i) under tl+e rules and regulations of the retransmitted by a satellite carrier on May 1, repardin0 tt,e positioning of a quafilied local non- Commission in effect on March 29, 1990, is li- 1991; commercial educational television station shall be censeU by the Commission as a noncommercial "(C) retransmission of the signal of a broad- resolved by tf,e Commission. educational television broadcast station and casting station tl,al is owned or operated Uy, or '(h) AVAILADILITY OF SIGNALS. -Signals which is owned and operated by a public atlcncy, affiliated witl+, a Uroadcasting network directly to carried in lullillment of the carriage obligations of nonprofit foundation, corporation, or association; a horr+e satellite antenna, it the household receiv- a cable operator under This section shall be avail- and Ing the siynal is an unserved household, or - . • PAGE 9A CABLE ACT OF 1992 '(D) retransmission by a cable operator or an additional competitive franchise. Any applicant '(3) communications between Ilre cable oper- other multichannel video programming distributor whose application for a second franchise has ator and lire subscriber (including standards gov- ol the signal of a superstation if such signal was been denied by a final decision of the franchising erning bills and refunds). obtained from a satellite carrier and the original- authority may appeal such final decision pursuant "(c) CONSUMER PROTECTION LAWS AND ing station was a superstation on May 1,1991. to lire provisions of section 635 for failure to CUSTOMER SERVICE AGREEMENTS. - For purposes of this paragraph, the terms 'satel- comply with this subsection". "(1) CONSUMER PROTECTION LAWS. - li~e carrier', 'superstation', and 'unserved house- (2) CONFORMING AMENDMENT. -Section Nothing in this title shall be construed to prohibit hold' have the meanings given those terms, re- 635(a) of the Communications Act of 1934 (47 any State or any tranctrising authority from enact- spectivety, in section 119(d) of title t 7, United U.S.C. 555(a)) Is amended by inserting ing or enforcing any consumer protection law, to States Code, as in effect on the date of enactment `621(a)(1)' after "section". the extent not specitically preempted by This title. of the Cable Television Consumer Protection and (b) fRANCHISE REQUIREMENTS. -Section "(2) CUSTOMER SERVICE REQUIREMENT Competition Act of 1992. 621(a) of the Communications Act of 1934 (47 AGREEMENTS. -Nothing in this section shall De `(3)(A) Wittrin 45 days alter the date of enact- U.S.C. 541(a)) is amended by adding at ttte end construed to preclude a franchising authority and ment of the Cable Television Consumer Protection ttre following new paragraph: a cable operator Irom agreeing to customer ser- and Competition Act of 1992, the Commission "(4) In awarding a franchise, the Iranchising vice requirements that exceed the standards es- shall commence a rulemaking proceeding to es• authority - tablished by tt?e Commission under subsection tablish regulations io govern the exercise by fete- "(A) shall allow the applicant's cable system a (b). Nothing in tt?IS title shall be construed to pre- vision broadcast stations of the right to grant re- reasonable period of time to become capable o1 vent the establishment or enforcement of any mu- transmission consent under this subsection and providing cable service to all households in the nicipal law or regulation, or any Slate law, cort- ot the right to signal carriage under section 614, franchise area; cerning customer service that imposes customer and such other regulations as are necessary to "(B) may require adequate assurance that the service requirements that exceed the standards administer ?tre limitations contained in paragraptr cable operator will provide adequate public, edu- set by the Commission under this section, or that (2). The Commission shall consider in such pro- cationat, and governmental access channel capac- addresses matters not addressed by the stan- seeding the impact that the grant of retransmis- ily, facilities, or financial support; and Bards set by lire Commission under this section.". Sion consent by television stations may have on "(C) may require adequate assurance that the the rates for the basic service tier and shalt en- cable operator has the financial, technical, or legal SEC. 9. LEASED COMMERCIAL ACCESS. sure that the regulations prescribed under this qualifications to provide cable service.". (a) PURPOSE. Section 612(a) of the Commu- subsection do not conflict with the Commission's (C) MUNICIPAL AUTHORITIES PEAMITTED nications Act of 1934 (47 U.S.C. 532(a)) is obligation under section 623(b)(1) to ensure that TO OPERATE SYSTEMS. -Section 621 of the amended by inseAing "to promote competition in lbe rates for the basic service tier are reasonable. Communications Act of 1934 (47 U.S.L'. 541) is the delivery of diverse sources of video program- - Such rulemaking proceeding shall be completed amended ming and' alter "purpose of this section is". within 18D days after the date of enactment of the (1) by inserting "and subsection (f)" before (D)COMMISSION RULES ON MAXIMUM REA- Cab1e Television Consumer Protection and Com- the comma in subsection (b)(1); and SONABLE RATES AND OTHER TERMS AND CON- petition Act of 1992. (2) by adding at the end the following new DITIONS. -Section 612(c) of.such Act (47 "(B) The regulations required by subpara- subsection: U.S.C. 532(c)) is amended - graph (A) shall require that television stations, "(f) No provision of this Act shall be con- (1) in paragraph (1) Dy inserting "and with within one year after the dale of enactment of the strued to `(1) prohibit a local or municipal author- rules prescnbed Dy the Commission under para- Cable Television Consumer Protection and Com- ity that is also, or is affiliated with, a Iranchising graph (4)' after "purpose of This section"; and petition Act of 1992 and every three years there- authority Irom operating as a multichannel video (2) by adding at the end the following new after, make an election between the right to grant programming distributor in lire Iranclrise area, paragraph: retransmission consent under this subsection artd notwithstanding the granting of one or more Iran- `(4)(Aj The Commission shall have the au- lhe riyht to signal carriage under section 614, tl chises by such franchising authority; ar"(2) re- thorityto- there is more loan one cable system which ser- quire such local or municipal authority to secure a "(i) determine the maximum reasonable rates vices ttre same geographic area, a station's elec- franchise to operate as a multichannel video pro• that a cable operator may establish pursuant to lion shall apply to all such cable systems. gramming distributor.". paragraph (1) for commercial use of designated "(4) It an originating television station elects channel capacity, including the rate charged for under paragraph {3)(B) to exercise its right to SEC. B. CONSUMER PflOTECTfON AND CUS- the billing of rates to subscribers and for the col- grant retransmission consent under this subsec• TOMER SERVICE. lection of revenue Irom subscribers by the cable lion with respect to a cable system, the provisions Section 632 of the Communications Act of operator for such use; of section 614 slratl not apply to the carriage of 1934 (47 U.S.C. 552) is amended to read as for- "(ii) establish reasonable terms and condi- the signal of such station by such cable system. lows: lions for such use, including those fur Diflutg and "(5) The exercise by a television broadcast collection; and station of the right to grant retransmission con- "SEC. 632. CONSUMER PROTECTION AND CUS• "(iii) eslaDlish procedures for the expedited sent under this subsection shall not interfere with TOMER SERVICE. resolution of disputes concerning rates or car- or supersede the rigtrts under section 614 or 615 "(a) FRANCHISING AUTHORITY ENFORCE- riage under This section. of any station electing to assert lire right to signal MENT. - A Iranchising authority may establish `(B) Within 180 days after Ifte date of enacl- carriage under that section. and enforce - menl of this paragraptr, the Commission shall es• "(6) Nothing in this section shall be construed '(1) customer service requirements of the ca- tablish rules for determining maximum reason- as modifying the compulsory copyright license ble operator; and able rates under subparagraph (A)(i), for eslab- established in section 111 0! title 17, United "(2) construction schedules and outer con• lisping terms and conditions under subparagraph States Code, or as attesting existing or future struction•related requirements, including con- (A)(ii), and for providing procedures under sub- video programming licensing agreements be- struction-related perlurmance requirements, of paragraph (A)(iii) tween broadcasting stations and video program- the cable operator. (c) ACCESS FOR QUALITY MINORITY PRO- mers.'. "(b) COMMISSION STANDARDS. -The CRAMMING SOURCES ANO QUALIFIED EDUCA- Commission slratl, within 180 days of enactment TIONAL PROGRAMMING SOURCES. -Section SEC. 7. AWARO OF FRANCHISES; PROMO- of the Cable Television Consumer Protection and 612 of such Act (47 U.S.C. 532) is amended by TION OF COMPETITION. Competition Act of 1992, establish standards by adding al the end thereof the following new suD- (a) ADDITIONAL COMPETITIVE FRANCHISES. which eabte operators may futlill their customer section: (t) AMENDMENT. -Section 621 (a) (1) of service requirements. Such standards shall in- "(i)(1) Notwithstanding the provisions of sub- the Communications Act of 1934 (47 U.S.C. elude, at a minimum requirements governing- sections (b) and (c), a cable operator required by 541(a)(1)) is amended by inserting Delore the pe- `(1) cable system otlice hours and telephone this section to designate channel capacity for riod at the end the following except that a Iran- availability; commercial use may use any such channel capac- chising authority may not grant an exclusive Fran- '(2) installations, outages, and service rafts; iry for the provisfon of programming from a quafi- chise and may not unreasonaUly refuse to award and lied minority programming source or from any PAGE l0A ~ r~r.,~,4r~~: • ~ - CABLE ACT OF 1992 qualified educational programming source, under subsection(h)by- cable system may eliminate or reduce compeli- whether or not such source is affiliated with the '(A) requiring cable operators to place on a lion in the delivery of cable service in such juris- . cable operator. The channel capacity used to pro- single channel all indecent programs, as identified diction.". vide programming Irom a qualified minority pro- by program providers, intended for carriage on (C) COMMISSION REGULATIONS. -Section gramming source or Irom any qualified educa- ctrannels designated for commercial use under 613 0l the Communications Act of 14)34 (41 tional programming source pursuant to this sub- this section; U.S.C. 533) is amended - section may not exceed 33 percent of the channel '(B) requiring cable operators to b4ock such (1) by redesignating subsections (t) and (g) capacity designated pursuant to this section. No single channel unless the subscriber requests ac- as subsections (g) and (h), respectively; and programming provided over a cable syslern on cess to such channel in writing; and (2) by inserting alter subsection (e) the tol- Jufy 1, 1990, may quality as minority proyram- "(C) requiring programmers to inform cable lowing new subsection: ming or educational programming on that cable operators if the program would be indecent as de- '(1)(1) In order to enhance effective compeli- system under ibis subsection. lined by Commission reyulations. lion, the Commission shall, within ane year alter '(2) for purposes of this subsection, lhr: term "(2) Cable operators shall comply with Itre the date of enactment of the Cable Television Con- ' 'qualified minority programming source' means a regulations promulgated pursuant to paragraph sumer Protection and Competition Act of 1992, programming source which devotes substantially (1).". conduct a procee~iny - all of its programminy to coverage of minority (c) PROHIBITS SYSTEM USE. Within 180 days '(A) to prescribe rules and regulations estab- viewpoints, or to programming directed al mem- following the date of the enactment of this Act, fishing reasonable limits on the number of cable tiers of minority groups, and which is over 50 the Federal Communications Commission shall subscribers a person is authorized to reach percent minority-owned, as ttre term 'minority is promulgate such regulations as may be necessary through cable systems owned by such person, or defined in section 309(I)(3)(C)(ii). ' to enable a cable operator of a cable system Io in which such person has an attributable interest; "(3) For purposes of this subsection, the term prohibit the use, on such system, of any channel `(B) to prescribe rules and regulations estab- 'qualilied educational programming source' capacity of any public, educational, or govern- fishing reasonable limits on the nwnber of chan- means a programming source which devotes sub- mental access facility for any programming which nets on a cal,le system that can be occupied by a stantially all of its programming to educational or contains obscene material, sexually explicit con- video programmer in wtrich a cable operator has instructional programming that promotes public duct, or material soliciting or promoting unlawful an attributable interest; and understanding of mathematics, the sciences, the conduct. "(C) to consider the necessity and appropri- humanities, and the arts and has a documented (d) CONFORMING AMENDMENT. -Section ateness of imposing limitations on the degree Io annual expenditure on programming exceeding 638 0l the Communications Act of 1934 (47 wfticlt ntulticlrannel video programming distribu- 515,000,000. The annual expenditure on pro- U.S.C. 558) is amendr:d by striking the period al tors may engage in the creation or production of gramming means all annual costs incurred by the the end and insertiny the following: "unless the video programming. programming source to produce or acquire pro- program involves obscene material." `(2) In prescribing rules and regulatdons un- grams wfrictr are scheduled to be televised, and der paragraph (1), the Commission shall, among specifically excludes marketing, promotion, satel- SEC. 11. LIMITATNONS ON OWNERSHIP, outer public interest objectives- lite transmission and operational costs, and gen- COTROL, AND UTILIZATION. "(A) ensure that no cable operator or group of eral administrative costs. (a) CROSS-OWNERSHIP. -Section 613 (a) cable operators can unfairly impede, either be- "(4) Nothing in this subsection shall substi- of the Communications Act of 1934 (47 U.S.C. cause of the size of any individual operator or be- lute for the requirements to carry qualified non- 533(a)) is amended - cause of joint actions by a group of operators of commercial educational television stations as (1) by inserting "(1)" immediately after "(a)"; sufficient size, the flow of video programming specified under section 615.". and Irom the video programmer to ttre consumer; (d) CONFORMING AMENDMENT. -Para- (2) by adding at the end ttte following new '(B) ensure that cable operators affiliated with graph (5) 04 section 612(b) of the Communica- paragraph: video programmers do riot favor such program- lions Act of 1934 (47 U.S.C. 532(b)) is amended "(2) It shall be unlawful for a cable operator to mers in determining carriage on their cable sys- to read as follows: hold a license for multichannel multipoinl distri- terns or do not unreasonably restrict ttre flow of `(5) For the purposes of this section, tfre term button service, or to offer satellite master antenna the video programming of such programrrrers to 'commercial use' means the provision of video television service se{,crate and apart Irom any other video distributors; programming, whether or not for pro4it. franchised cable service, in any portion of the "(C) take particular account of the market franchise area served by that cable operator's ca- structure, ownership patterns, and other relation- SEC. 10. CIiIIDREN'S PROTECTION FROM INDE- ble system. The Commission - strips of Ilre cable television industry, including CENT PROGRAMMING ON LEASED ACCESS "(A) shall waive the requirements of this pars- the nature and market power of the local han- CHANNELS. graph for all existing multichannel multipoinl dis- chise, the joint ownership of cable systems and (a) AUTHORITY TO ENFORCE. -Section lribution services and satellite master antenna video programmers, and the various types of 612(h) of Itre Communications Act of 1934 (47 television services which are owned by a cable non-equity controlling interests; U.S.C. 532(tr)) is amended - operator on ttre date of enactment of Ibis para- "(D) account for any etliciencies and other ' (1) by inserting "or the cable operator` after graph; and benefits That rnighl be gained Through increased `franchising authority";and "(B) may waive the requirements of this para- ownerstrip or control; (2) by adding at the end thereof the following: graph to the extent the Commission determines is `(E) make such rules and regulations reflect "This subsection strap permit a cable operator to necessary to ensure that all significant portions of the dynamic nature of the communications mar- enforce prospectively a written and published pot- a Iranchfse area are able to obtain video program- ketplace; icy of prohibiting programming that the cable op- ming. " . "(F) not impose Irrrritations which would bar erator reasonably believes describes or depicts (b) CLARIFICATION OF LOCAL AUTHORITY cable operators from serving previously urrserved sexual or excretory activities or organs in a TO REGULATE OWNERSHIP. -Section 613(d) of rural areas; and patently offensive manner as measured by con- the Communications Act of 1934 (47 U.S.C. `(G) not impose limitations which would im- temporary community standards. ' . 533(d)) is amended pair Itte development of diverse and high quality (b) COMMISSION REGULATIONS. -Section (1) by striking "any media" and inserting "any video programming'. 612 of the Communications Act of 1934 (47 other media"; and U.S.C. 532) is amended by inserting after subset- (2) by adding at the end thereof the following: SEC. 12. REGULATION Of CARRIAGE AGREE- lion (i) (as added by section 9(c) of llris Act) the "Nothing in this section shall be construed to pre- MENTS. following new subsection: veal any Stale or Iranchising aulltority from pro- Part II of title VI of Ilre Communications Act of '(j)(1) Within 120 days following the date of hibiting the ownership or control of a cable sys- 1934 is amended by inserting after section 615 the enactment of this subsection, the Commission tem in a jurisdiction by any person (1) because of (as added Dy section 5 0l ltris Act) ttre following shall promulgate regulations designed to limit the such person's ownerstrip or control of any other new section: access of children to indecent programming, as cable system in such jurisdiction; or (2) in cir- delined by Commission regulations, and whicfr curnstances in which the State or franchising au- SEC. 616. REGULATION OF CARRIAGE AGREE- cable operators have not voluntarily prohibited thority determines that the acquisition ut such a MLNTS. ' ~ ~ ~ PAGE 11A CABLE ACT OF 1992 '(a) REGULATIONS. -Within one year alter "(3) any sale, assignment, or iransler, to one `(iv) block the channel carrying the premium the date of enactment of this section, the Com- or more purchasers, assignees, or transferees channel upon the request of a subscriber. mission shall establish regulations governing pro- controlled by, controlling, or under common con- "(B) For the purpose of This section, Ifre term gram carriage agreements and related practices trot with, the seller, assignor, or transferor. 'premium channel' shall mean any pay service ol- between cable operators or other multichannel "(d) WAIVER AUTt10RITY. -The Commis- , lend on a per channel or per program basis, video programming distributors and video pro- sion may, consistent with the public interest, which otters movies rated by the Motion Picture gramming vendors. Such regulations shall - waive the requirement of subsection (a), except Association of America as X, NC-11, or R.". '(1) include provisions designed to prevent a that, if the Iranctrise requires franchise authority cable operator or other multichannel video pro- approval of a transfer, the Commission shall not SEC. 16, TECHNICAL STANDARDS; EMERGENCY gramming distributor born requiring a lirrancial waive such requirements unless the tranctrise au- ANNOUNCEMENTS; PROGRAMMING CHANGES; interest in a program service as a condition for thorny has approved the transfer. The Commis- HOME WIRING. carriage on one or more of such operator's sys- sion shall use its autlrorily under this subsection (a) TECHNICAL STANDARDS. -Section toms; to permit appropriate transfers in fire cases of de- 624(e) of the Communications Act of 1934 (47 `(2) include provisions designed to prohibit a fault, foreclosure, or other financial distress. U.S.C. 544(e)) is amended to read as follows: cable operator ur other multichannel video pro- `(e) LIMITATION ON DUfiATION OI FRAN- "(e) Within one year after the Uate of enacl- gramming distributor Irom coercing a video pro- CHISING AUTIfURITY POWER TO DISAPPROVE ment of the Cable Television Consumer Protection gramming vendor to provide, and from retaliating TRANSFERS. - In the case of any sale ur trans- and Competition Act ul 1992, the Commission against such a vendor for tailing to provide, exclu- ter of ownership of any cable system after the 36- shall prescribe regulations wtrich eslablislr mini- sive rights against other multichannel video pro- month period following acquisition of such sys- mum technical standards relating to cable sys- gramming distributors as a condition of carriage tem, a Iranchising authority shall, it the Iranchise tents' technical operation and signal quality. The on a system; requires Iranchising authority approval of a sale Commission shall update sucft standards periodi- "(3) contain provisions designed to prevent a or transfer, have 120 days to act upon any request tally to reflect improvements in technology. A multichannel video proyrarnming distributor Irom for approval of such sale or transfer Thal contains Iranchising authority may require as part of a engaging in conduct the effect of wtticlt is to un- or is accompanied by such information as is re- franchise (including a modification, renewal, or reasonably restrain the ability of an unalliliated quired in accordance with Commission regula- transfer thereof() provisions for the enforcement video programming vendor to compete fairly by lions and by the franchising authority. If the tran- of the standards prescribed under this subsec- discriminating in video programming distribution cttising authority tails to render a final decision on lion. A franchising authority may apply to the on the basis of affiliation or nonaffiliation of vent- the request within 120 days, such request shall he Commission for a waiver to impose standards dors in the selection, terms, or conditions for car- deemed granted unless the requesting party and that are more stringent than the standards pre• riage of video programming provided by such the Iranchising authority agree to an extension of scribed by the Commission under this subsec- vendors; time.". lion.`. "(4) provide for expedited review of any tom- (b) EMERGENCY ANNOUNCEMENTS. - Sec- plaints made by a video programming vendor SEC. 14 SUBSCRIBER BILL ITEMIZATION. lion 624 of such Acl (47 U.S.C, 544) is amended pursuant to this section; Section 622(c) of the Communications Act of by adding at the end the following new subsec- '(5) provide for appropriate penalties and 1934 (47 U.S.C. 542(c)) is amended to read as lion: remedies for violations of Ibis subsection, includ- follows: "(g) Notwithstanding any such rule, regula- ing carriage; and "(c) Each cable operator may identify, consis- lion, or order, each cable operator shalt comply "(6) provide penalties to be assessed against tent with the regulations prescribed by Ifre Com- with such standards as the Commission shall pre- any person filing a frivolous complaint pursuant mission pursuant lu section G23, as a separate scribe to ensure that viewers of video prugram- to this section. line item on each regular bill of each subscriber, ming on cable systems are afforded the same '(b) DEFINITION. - As used in this section, each of the following: emergency information as is afforded by the the term 'video programntin9 vendor' means a "(1) The amount of the total bill assessed as a emergency broadcasting system pursuant to person engaged in Itte production, creation, or franchise fee and the identity of the trartchisiny Commission regulations in subpart G of part 73, wholesale distribution of video programming for authority to which the Ice is paid. title 47, Code of federal Regulations.". ,.sale.". "(2) The amount of the total Dill assessed to (c) PROGRAMMING CHANGES. -Section satisfy any requirements imposed on the cable 624 0l such Act (47 U.S.C. 544) is further amend- SEC. 13 SALES OF CADLE SYSTEMS. operator by the franchise agreement to support ed - Part II of title VI of Ifte Communications Act of public, educational, or governmental charrnets or (1) in subsection (b)(1), Dy inserting except 1934 is lurtlter amended by adding at tfte enrl the use of such channels. as provided in subsection (h),' alter "but may thereof the lullowing new section: "(3) The amount of any other fee, lax, assess- not"; and meat, or charge of any kind imposed by any gov (2) by adding at lire end the following new "SEC. 617. SALES OF CADLE SYSTEMS errtrnental aulltority on the transaction between subsection: "(a) 3-Y[AR HOLDING PERIOD REQUIRED. the operator and the subscriber.". "(h) A franchising authority may require a ca- - Except as provided in this section, no cable ble operator to do any one or more of Ifre lollow- operator may sell or otherwise transfer ownersltitr SEC. 15. NOTICE TO CABLE SUBSCRIDERS ON ing in a cable system within a 36-month period fol• UNSOLICITED SEXUALLY EXPLICIT PROGRAMS. `(t) Provide 30 days' advance written notice lowing rather the acquisitron or initial construction Section 624(d) of the Communications Act of of any change in channel assignment or in the of such syslrrn by such operator. 1934 (47 U.S.C. 544(d)) is amended by adding al video prograntminy service provided over any "(b) TIiEATMENf OF MULTIPLE TRANSFERS. the end the following new paragraph: such channel. - In the case of a sale of multiple systems, if the "(3)(A) II a cable operator provides a peemi• "(2) Inform Subscribers, via written notice, terms of the sale require the buyer to subsequent- um channel without charge to cable subscribers that comments on programming and channel po• ly lransler ownerstrip of one or more such sys- who do not subscribe to such premium channel, sition changes are being recorded by a designated terns to one or more third parties, such transfers the cable operator shall, not later than 30 days ollice of the Iranchising authority.". shall be considered a part of the initial transac- Uelore such premium channel is provided without (d) HOME WIRING. -Section 624 0l such lion. charge- Act (47 U.S.C. 544) is further amended by adding "(c) EXCEPTIONS. -Subsection (a) shall not "(i) notify all cable subscribers that the cable at the end the lollowinp new subsection: apply to- operator plans to provide a premium channel "(i) Witlrirt 120 days after ttte dale of enact- "(1)any Transfer of ownerstrip interest in any without charge; ment of Ibis subsection, the Commission shall cable system wtrich is no! subject to Federal in- "(ii) notify all cable subscribers when the ca- prescribe rules concerning the disposition, after a come tax liability; ble operator plans to offer a premium channel subscriber to a cable system terminates service, '(2) any sale required by operation of any law witftoul charge; ~ of any cable installed Dy the cable operator within or any act of any Federal agency, any State or po- '(iii) notify all cable subscribers That they have lire premises ul such subscriber.". litical subdivision Ihereol, or any Iranchising au- a right to request that the channel carrying ttte thorny; or premium channel be blocked; and SEC. 17. CONSUMER ELECTRONICS EQUIPMENT PAGE 12A ~ ~ : 1:r.~~.r,r:r¦ CABLE AI,T OF 1992 COMPATIBILITY. ent channels; and propriale notice and participation for the purpose The Communications Act of 1934 is amended "(iii) to use advanced television picture gener- of (A) identifying the future cable related r;ummu- by adding alter section 624 (47 U.S.C. 544) the anon and display features; and oily needs and interests, and (B) reviewing the following new section: "(B) the need for cable operators to protect performance of the cable operator under ttre tran- the integrity of the signals transmitted by the ca- chise during the then current franchise term. If SEC. 624A CONSUMER ELECTRONICS EQUIP- ble operator against lhelt or to protect such Big- the cable operator submits, during such 6-month MENT COMPATIBILITY. oats against unauthorized reception. period, a written renewal notice requesting the '(a) FINDINGS. -The Congress finds that - '(2) REGULATIONS REQUIRED. -The regu- commencement of such a proceeding, the fran- `(1) new and recent models of television re- tattoos prescribed by the Commission under this chising authority shall commence sucfx a pro- ceiversand video cassette recorders often contain section shall include such regulations as are nee- ceeding not later than 6 months after the date premium features and Ixrrxctions that are disabled essary - such notice is submitted. or inhibited because of cable scrambling, encod- "(A) to specify the Ilechnical requirements with "(2) The cable operator may not invoke the re- ing, or encryption technologies and devices, in- which a television receiver or video cassette newel procedures set forth in subsections (b) eluding converter boxes and remote control de- recorder must comply in order to be sold as 'ca- through (g) unless - vices required by cable operators to receive pro- ble compatible' or'cab9e ready'; ` (A) such a proceeding is requested by the gramminq; "(B) to require cable operators offering than- cable operator by'timely submission of such no- "(2} it these problems are allowed to persist, nets whose reception requires a converter Dox lice; or consumers will be less likely to purchase, and "(i) to notify subscribers that they may be un- "(B) such a proceeding is commencers by the electronics equipment manufacturers will be less able to benelil from the special lunclions of their franchising authority on its own initiative.'. likely to develop, manufacture, or otter for sale, television receivers and video cassette recorders, (b) PROCEEDING ON RENEWAL PROPOSAL. television receivers and video cassette recorders including functions that permit subscribers - -Section 626(c)(1) of Ilxe Communications Act with new and innovative Ieatures and lunclions; "(1) to watch a proa~ram on one channel while of 1934 (47 U.S.C. 546(c)(1)) is amended - and simultaneously using a~ video cassette recorder to (t) by inserting "pursuant to subsection (b)" "(3) cable operators should use technologies tape a program on another channel; after `renewal of a Iranchise'; and that will prevent signal thefts while permitting "(It) to use a video cassette recorder to tape (2) by striking "completion of any proceed- consumers to benefit from such Ieatures and two consecutive programs that appear on differ- togs under subsection (a)` and inserting fife fol- functions in such receivers and recorders. ent channels; and lowing: "dale of the submission of the cable oper- "(b) COMPATIBLE INTERFACES. - "(III) to use advanced television picture gener- ator's proposal pursuant to subsection (b)". "(1) REPORT; REGULATIONS. -Within 1 anon and display features; and (c) REVIEW CRITERIA. - Section year after the date of enactment of this section, '(ii) to the extent technically and economically 626(c)(1)(B) of the Communications Act of 1934 the Commission, in consultation with represents- feasible, to offer subscribers fife option of having (47 U.S.C. 546(c)(1)(B)) is amended by striking lives of the cable industry and the consumer elec- all other channels delivered directly to the sub- "mix, quality, or level" and inserting "mix or quali- tronics industry, shall report to Congress on scribers' television receivers or video cassette ty". means of assuring compatibility between televi- recorders without passing through the converter (d) CORRECTION OF FAILURES. -Section sions and video cassette recorders and cable sys- box; 626(d) of the Communications Act of 1934 (47 terns, consistent with the need Io prevent theft of "(C) to promote the commercial availability, U.S.C. 546(d)) is amended - cable service, so that cable subscribers will be Irom cable operators and retail vendors that are (1) by inserting "drat has been submitted in I able to enjoy the full benelil of both the program- not affiliated with cable systems, of converter compliance with subsection (b)' after `Any denial ming available on cable systems and the tune- boxes and of remote control devices compatible of a proposal for renewal"; and lions available on their televisions and video cas- with converter boxes; (2) by striking "or has effectively acquiesced" Bette recorders. Within 180 days after tlxe date of '(D) to require a r;able operator who offers and inserting "or the cable operator gives written . submission of the report required by this subset- subscribers the option of renting a remote control notice of a failure or inalxility to cure and the fran• lion, the Commission shall issue such regulations unit - chising authority fails to object within areason- asare necessary to assure such compatibility. "(i) to notify subscribers that they may pur- able time after receipt of such notice". "(2) SCRAMBLING AND ENCRYPTION. - In chase a commercially o~vailable remote control de- (e) HARMLESS ERROR. -Section 626 issuing the regulations referred to in paragraph vice from any source that sells such devices (e)(2)(A) of the Communications Act of 1934 (47 (1), the Commission shall determine whether and, rather than renting it In~m the cable operator; and U.S.C. 546(e)(2)(A)) is amended by inserting after if so, under what circumstances to permit cable "(ii) to specify thf: types of remote control "franchising authority" the following: other than systems to scramble or encrypt signals or to re- units tlxal are compatible with the converter box harmless error,". strict cable systems in the manner in which they supplied by the cable operator; and (I) CONFLICT BETWEEN REVOCATION AND . encrypt or scramble signals, except that ltxe Com- `(E) to prohibit a r;able operator Irom taking RENEWAL PROCEEOINGS. -Section 626 of the mission shall not limit the use of scrambling or any action that prevents or in any way disables Communications Act of 1934 (47 U.S.C. 546) is encryption technoloyy where tlxe use of such fife converter box supplied by the cable operator amended by adding at Ilxe end lire following new technology does not interfere with the functions from operating compatibly with commercially subsection: of subscribers' television receivers or video cas- available remote control units. `(i) Notwithstanding the provisions of subse~- Bette recorders. "(d) REVIEW OF REGULATIONS. -The Com- lions (a) through (h), any lawful action to revoke "(C) RULEMAKING REQUIREMENTS. - mission shall periodically review and, it neees- a cable operator's franchise for cause shall not be "(1) FACTORS TO BE CONSIDERED. - In sary, modify the regulations issued pursuant to negated by fire subsequent initiation of renewal prescribing the regulations required by this sec- this section in light of any actions taken in re- proceedings by the cable operator under Itxis sec- lion, the Commission shall consider- spouse to such regulations and to reflect inx- lion.`. '(A) the costs and benefits to consumers of provements and changes in cable systems, televi- imposing compatibility requirements on cable op- Sion receivers, video cassette recorders, and sim- SEC. 19. OEVELOPMENT Of COMPETITIUN AND erators and television manufacturers in a manner star tectnology." DIVERSITY IN VIDEO PROGRAMMING OISTRI- that, while providing effective protection against - BUTTON. theft or unauthorized reception of cable service, SEC. 18. FRANCHISE RENEWAL Part III of title VI of the Communications Act will minimize interference with or nullification of (a) COMMENCEMENT OF PROCEEDINGS. - of 1934 is amended Dy inserting after section 627 the special lunclions o1 subscribers' television re- Section 626(a) of rho Communications Act of (47 U.S.C. 547) the following new section: ceivers or video cassette recorders, including 1934 (47 U.S.C. 546(:x)) is amended to read as functions that permit the subscriber - follows: "SEC. 628. DEVELOPMENT OF COMPETITION "(i) to watch a program on one channel while "SEC. 626. (a)(1) A franchising authority may, AND DIVERSITY IN VIDEO PROGRAMMING OIS- simultaneously using a video cassette recorder to on its own initiative during the 6-month period TRIBUTION. tape a program on another channel; which begins with the 36th month before the "(a) PURPOSE. -The purpose of this section `(ii) to use a video cassette recorder to tape Iranchise expiration, commence a proceeding is to promote the public interest, convenience, two consecutive programs that appear on Biller- which affords fire public in the Iranchise area a{x- and necessity by Increasing competition and di- • • ~ • • ~ PAGE 13A CABLE ACT OF 1992 versify in the multichannel video programming or satellite broadcast programming vendor, that Commission under subsection (c), may com- market, to increase the availability of satellite ca- prevent a multichannel video programming dis- mence an adjudicatory proceeding at the Com- bte programming and satellite broadcast pro- lribulor Irom obtaining such programming from mission. gramming to persons in rural and other areas not any satellite cable programming vendor in which '(e) REMEDIES FOR VIOLATIONS. - currently able to receive such programming, and a cable operator has an attributable interest or `(1) REMEDIES AUTIi0R12E0. -Upon com- to spur the development of communications tech- any satellite broadcast programming vendor in plelion of such adjudicatory proceeding, the Com- nologies. which a cable operator has an attributable interest mission shall have the power to order appropriate `(b) PROHIOITION. - It shall be unlawful for for distribution to persons in areas not served by remedies, including, it necessary, the power to a cable operator, a satellite cable programming a cable operator as of the date of enactment of establish prices, terms, and conditions o) sale of vendor in which a cable operator has an at- this section; and programming to the aggrieved rnultichannel video Uibutable interest, or a satellite broadcast pro- "(D) with respect to distribution to persons in proyramming distributor. gramming vendor to engage in unfair methods of areas served by a cable operator, protibit exclu• `(2) ADU1TlONAL REMEDIES. -The reme- competition or unfair or deceptive acts or prac- slue contracts for satellite cable programming or dies provided in paragraph (1) are in addition to !ices, the purpose or eflect of which is to hinder satellite broadcast programming between a cable and not in lieu of the remedies available under ti- significanlly or to prevent any multichannel video operator and a satellite cable programming ven• Ile V or any other provision of this Act. programming distributor from providing satellite dor in which a cable operator has an attributable '(I) PROCEDURES. -The Commission shall cable programming or satellite broadcast pro- interest or a satellite broadcast programming ven- prescribe regulations to implement !Iris section. gramming to subscribers or consumers. dnr in which a cable operator has an attributable The Commission's regulations shall - "(C) REGULATIONS REQUIRED.- interest, unless the Commission determines (in `(1) provide for an expedited review of any "(1) PROCEEDING ttE0l11RED. -Within 180 accordance with paragraph (4j) that such con- complaints made pursuant to this section; days after the date o! enactment of this section, tract is in the public interest. "(2) establish procedures for the Commission the Commission shall, in order to promote ttte ' (3) LIMITATIONS. - to collect such data, including the right to obtain public interest, convenience, and necessity by in- "(A) GEOGRAPHIC LIMITATIONS. -Nothing copies of all contracts and documents reflecting creasing competition and diversity in the multi- in this section shalt require any person wtro is en- arrangements and understandings alleged to vio- channel video programming market and the con- gaged in the national or regional distribution of fate this section, as the Commission requires to tinning development of communications tech- video programming to make such programming carry out this section; and notogies, prescribe regulations to specify particu- available in any geographic area beyond which "(3) provide for penalties to be assessed tar conduct that is prolrilrited by subsection (b). such programming has been authorized or li- against any person tiling a frivolous complaint "(2j MItJIMUM CON7ENTS OF REGULA- censedfordistribution. pursuant tothtssection. TIONS. -The regulations to be promulgated un- "(8) APPLICABILITY TO SATELLITE RE- `(g) REPORTS. -The Commission shall, be• der this section shall - TRANSMISSIONS. -Nothing in this section shall ginning not later than 18 months after promulga- "(A) establish efleclive safeguards to prevent apply (i) to the signal of any broadcast alfitiate of lion of the regulations required by subsection (cj, a cable operator which teas an attributable interest a national television network or other television annually report !o Congress on the status of com- in a satellite cable programming vendor or a signal that is retransmitted by satellite but that is petition in the market for the delivery of video satellite broadcast programming vendor from un- not satellite broadcast programming, or (ii) to any programming. duly or improperly inlluenctny the decision of internal satellite communication of any broadcast "(h) EXEMPTIONS fOR PRIOR CON- such vendor to sell, or the prices, terms, and con- network or cable network that is not satellite TRACTS - ditions of sale of, satellite cable programming or broadcast programming. "(1j tN GEOIERAL. -Nothing in this section satellite broadcast programming to any unalliliat- "(4) PUOLIC INTEREST DETERMINATIONS ON shall affect any contract that grants exclusive dis- ed multichannel video proyramming distributor; EXCLUSIVE CONTRACTS. - In determining trihution rights to any person with respect to "(0) prohibit discrimination by a satetlile cable whether an exclusive contract is in the public in- satellite cable programming and that was entered programming vendor in which a cable operator teresl for purposes of paragraph (2)(D), the Com- into on or before June 1, 1990, except that the has an attributable interest or by a satellite broad- mission shall consider each of the following provisions of subsection (c)(2j(C) shall apply for cast programming vendor in life prices, terms, factors with respect to the eflect of such contract distribution to persons in areas not served by a and conditions of sale or delivery of satellite cable on the distribution of video programming in areas cable operator. programming or satellite broadcast programming that are served by a cable operator: "(2) LIMITATION ON RENEWALS. - A Con- among or between cable systems, cable opera- "(A) Ilse effect of such exclusive contract on tract that was entered into on or before June t, tors, or other rnultichannel video programming the development of competition in local and na- 1990, but that is renewed or extended after the I distributors, or (heir agents or buying groups; ex- tional multichannel video programming disUibu• dale of enacbnent of this section shall not De ex• cept that such a satetlile cable proyramming ven- lion markets; empt under paragraph (1) . dor in which a cable operator has an attributable '(D) the eflect of such exclusive contract on "(i) OEFiNITfONS. - As used in This section: interest ur such a satialite broadcast program- competition from muhichannel video program- "(1) The term 'satellite cable programming' ming vendor shall not be prohibited Crum - ming distribution technologies other Iban cable, has the meaning provided under section 705 of "(i) imposing reasonable requirements for "(C) the effect of such exclusive contract on this Act, except that such term does not include creditworthiness, ottering of service, and finandal the attraction of capital investment in the produc• satellite broadcast programming. stability and standards regarding character and lion and distribution of new satellite cable pro• `(2) The term 'satetlile cable programming Ieclmical quality; gramming; vendor' means a person engaged in flee produc- "(iij establishing dilferent prices, terms, and "(D) the eflect o1 such exclusive contract on lion, creation, or wholesale distribution lur sale of conditions to take into account actual and reason- diversity of programming in the multichannel satellite cable programming, but does not include able differences in the cost of creation, sale, deliv- video programming distribution market, and a satellite broadcast programming vendor. ery, or transmission of satellite cable program- "(E) the duration of the exclusive contract. " (3) The term 'satellite broadcast program- ming or Satellite broadcast programming; '(5) SUNSET PROVtStON. -The prohibition ming' means broadcast video programming when " (iii) establishing different prices, terms, and required by paragraph (2)(D) shall cease to be ef- such programming is retransmitted by satellite conditions which take into account economies of tec?ive 10 years after the dale of enactment of this and the entity retransmitting such programming scale, cost savings, or other direct and legitimate section, unless the Commission finds, in a pro- is not the broadcaster or an entity performing economic benefits reasonably attributable to Lire ceeding conducted during the last year of such such retransmission on behalf of and with the number of subscribers served by the distributor; or 10-year period, that such prohibition continues to specific consent of the broadcaster. "(ivj entering into an exclusive contract that is be necessary to preserve and protect competition `(4) The term 'satellite broadcast program• permitted under subparagraph (D); and diversity in the distribution of video program- ming vendor' means a fixed service satellite carri- "(C) prohibit practices, understandings, ar- ming. er that p?ovides service pursuant to section 119 rangements, and activities, including exclusive "(d) ADJUDICATORY PROCEEDING. =Any of title 17, United States Code, with respect to contracts for satellite cable programming or sate!- multichannel video programming distributor ag- satellite broadcast programming.", lire broadcast programming between a cable op- grieved by conduct That it alleges constitutes a vi- erator and a satellite cable programming vendor olalion of subsection (b), or the regulations of the SEC. 20. CUSTOMER PRIVACY RIGHTS. PAGE 14A CABLE ACT ~F 1992 '(a) DEFINITIONS. -Section 631(x)(2) of the visions shall be designed to promote equality of alter section 333 (47 U.S.C. 333) the following Communications Acl of 1934 (47 U.S.C. employment opportunities for females and mi- newseclion: 551(x)(2)) is amended to read as follows: norities in each of the job categories itcrrrized in `(2) For purposes of Ibis section, other than paragraph (3).'. "SEC. 334 LIMITATION ON REVISION OF EQUAL subsection (h)- (c) CONTENTS OF r4NNUAL STATISTICAL RE- EMPLOYMENT OPPORTUNITY REGULATIONS. "(A) the term 'personally identifiable inlorma- PORTS. -Section 634(d)(3) of the Corrrrnunica- '(a) LIMITATION. -Except as specifically lion' does not include any record of aggregate lions Act of 1934 (41 U.S.C. 554(4)(3)) is amend- provided in this section, the Commission shall not data which dues not identity particular persons; ed to read as follows: revise - "(B) the term 'other service' includes any wire '(3)(A) Such rules also shall require an entity '(1) the regulations concerning equal employ- or radio communications service provided using specified in subsection (a) with more than 5 full- ment opportunity as in effect on September 1, any of Ilre facilities of a cable operator that are time employees to file with the Commrssion an 1992 (41 C.f.f1. 73.2080) as such regulations ap- used in the provision of cable service; and annual statistical report identifying by race, sex, ply to Television broadcast station licensees and `(C) the term 'cable operator' includes, in ad- and job title the numbE;r of employees in each of permittees; or dition to persons within the definition of cable op- the following lull-time and part-time job cafe- "(2) the forms used by such licensees and ' erator in section 602, any person who (i) is goriest permittees to report pertinent employment data to owned or controlled by, or under common owner- "(i) Corporate officers. the Commission. ' strip or control with, a cable operator, and (ii) pro- "(ii) General Manager. '(b) MIDTERM REVIEW. -The Commission vides any wire or radio communications service.". `(iii) Chief Technician. shall revise the regulations described in subsec- (b) ADDITIONAL ACTIONS REQUIRED. - "(iv) Comptroller. lion (a) to require a midterm review of television Section 631(c)(1) of the Communications Act of '(v) General Sales h~anager. broadcast station licensees' employment prac- 1934 (47 U.S.C. 551(c)(1)) is amended by insert- "(vi) Production Manager. tices and to require the Commission to inform ing immediately before the period at the end the "(vii) Managers. such licensees of necessary improvements in re- lollowing: "and shall lake such actions as are nee- "(viii) Professionals. cruitment practices identified as a consequence of essary to prevent unauthorized access to such in- "(ix) Technicians. such review. formation by a person other than the subscriber "(x) Sales Personnel. "(c) AUTHORITY TO MAKE TECHNICAL REVI- or cable operator". "(xi) Office and Clerical Personnel. SIONS. -The Commission may revise the regu- "(xii) Skilled Craltspersons. lotions described In subsection (a) to make nom SEC. 21. THEFT OF CABLE SERVICE. "(xiii) Semiskilled Operatives. substantive technical or clerical revisions in such Section 633(b) of the Communications Act of "(xiv) Unskilled Laborers. regulations as necessary to reflect changes in 1934 (47 U.S.C. 533 (b)) is amended - "(xv) Service Workers. technology, terminology, or Commission organi- (1) in paragraph (2) - "(B) The report required by subparagraph (A) zation.'. (A) by striking "$25,000" and inserting shall be made on separate forms, provided by the (g) STUDY AND REPORT REQUIRED. -Not `$50,000"; Commission, for full-dine and part-time employ- later than 2 years after the date of enactment of (B) by striking "1 year" and inserting "2 ees. The Commission's rules shall sufficiently de- this Act, the Commission shall submit. to the years"; fine the job categories listed in clauses (i) throuyh Congress a report pursuant to a proceeding to re- (C) by striking "$50,000" and inserting (vi) of such subparagraph so as to ensure that view and obtain public comment on the effect and "$100,000"; and only employees who are principal decision mak- operation of the amendments made by this sec- (D) by striking "2 years" and inserting `5 ers and who have supervisory authority are re- lion. In conducting such review, the Commission years";and ported for suctr categories. The Commission shall shall consider the effectiveness of its procedures, (2) by adding at the end thereof the following adopt rules that define the job categories listed in regulations, policies, standards, and guidelines in new paragraph: clauses (vii) tluough (xv) in a manner that is con- promoting equality of employment opportunity "(3) For purposes o1 all penalties and reme- sistent with ttre Commission policies in effect on and promotion opportunity, and particularly the dies established for violations of subsection June 1, 1990. The Commission shall prescribe the effectiveness of its procedures, regulations, poli- j (a)(1), the prohibited activity established herein method by which entities shall be required to cies, standards, and guidelines in promoting the as it applies to each suctr device shall be deemed compute and report ttte: number of minorities and congressional policy favoring increased emptoy- a separate violation.". women in the job categories listed in clauses (i) nrenl opportunity for women and minorities in po- through (x) and the number of minorities and sitions of management authority. The Cammis- SEC.22. EQUAL EMPLOYMENT OPPORTUNITY women in the job categories listed in clauses (r) Sion shall forward to the Congress such legisla- (a) FINDINGS. - The Congress finds and de- through (xv) in proportion to the total number of live recommendations to improve equal ernploy- clares that - qualified minorities and women in the relevant la• ment opportunity in the broadcasting and cable (1) despite the existence of regulations gov- bor market. The report shall include information industries as it deems necessary. erning equal employment opportunity, females on hiring, promotion, and recruitment practices and minorities are not employed in significant necessary for the Commission to evaluate the el- SEC. 23. JUDICIAL REVIEW. numbers in positions of management auttroriry in forts of entities to comply with the provisions of Section 635 of lire Communications Act of the cable and broadcast television industries; paragraph (2} of this subsection. The report shall 1934 (47 U.S.C. 555) is amended by adding at ttre (2) increased numbers of females and minori- be available for public inspection at tl;e entity's end the following new subsection: ties in positions of management authority in the central location and at every location where 5 or `(c)(1) Notwithstanding any other provision of cable and broadcast television industries ad• more lull-time employres are regularly assigned law, any civil action ctrallenging the conslitulion- vances the Nation's policy favoring diversity in the to work. Nothing in llris subsection shall be con- ality o1 section 614 or 615 0l Ihis Acl nr any pro- expression o1 views in the electronic media; and strued as prohibiting the Commission from col- vision thereof shall be heard by a district court of (3) rigorous enforcement of equal employ- feeling or continuing to collect statistical or other three judges convened pursuant to the provisions ment opportunity rules and regulations is re- employment information,ln a manner that it of section 2284 0l Ii11e 28, United Stales Cude. quired in order to effectively deter racial and gen- deems appropriate to curry out this section.". '(2) Notwithstanding any other provision of der discrimination. (d) PENALTIES. -Section 634(f)(2) of such law, an interlocutory or final judgment, decree, or (b) STANDARDS. -Section 634(4)(1) of the Act (47 U.S.C. 554(f)(2)) is amended by striking order of the court of three judges in an action un- Communication Act of 1934 (47 U.S.C. 554(4)(1)) "$200" and inserting `$500". der paragraph (1) holding section 614 or 615 0l is amended to read as follows: (e) APPLICATION OF REQUIREMENTS. - Ihis Act or any provision thereof unconstitutional "(d)(1) Not later than 270 days after the date Section 634(h)(1) eel such Act (47 U.S.C. stroll De reviewable as a matter of right by direct of enactment of the Cable Television Consumer 554(h)(1)) is amended by inserting before the pe- appeal to the Supreme Court. Any such appeal Protection and Competition Act of 1992, and after rind the following: "and any multichannel video shall be filed not more than 20 days oiler entry of notice and opportunity for hearing, the Commis- programming distributor", such judgment, decree, or order." Sion stroll prescribe revisions in the rules under (f} BROADCASTING EQUAL EMPLOYMENT this section in order to implement the amend- OPPORTUNITY. - Part I of title III of the Corn- SEC. 24 IIMITATION ON FRANCHISING ALITNOR- ments made to this section by such Act. Such re- munications Act of 1934 is amended by inserting TTY LIABILITY. w - . - ~ PAGE 15A CABLE ACT OF 1992 (a) AMENDMENT. -Part IV of title VI of tt+e calism under this Act, and the methods by whict+ of such Act as added by Public Law 91.259 (47 Communications Act of 1934 is amended by in- such principle may be served through techs~o- U.S.C. 332) is redesignated as section 332. serting alter section 635 (47 U.S.C. 555) the tut- logical and other developments in, or regulation towing new section: of such service, SEC. 26. SPORTS PROGRAMMING MIGRATION `(b) CARRIAGE ODLIGATIONS FOR NONCOM- STUDY AND REPORT. "SEC. 635A. LIMITATION OF FRANCiIISING AU- MERCIAL EDUCATIONAL AND INFORMATIONAL (a) STUDY REQUIRED. -The Federal Com- TItORITY LIABILI7Y. PROGRAMMING. - ~ municalions Commission shalt conduct an ongo- "(a) SUITS FOR DAMAGES PROFIIBITEO. - "(1) CHANNEL CAPACITY REQUIRED . -The ing study on the carriage of local, regional, and In any court proceeding pending on or initiated Commission shah require, as'a condition of any national sports programming by broadcast alter tl+e dale of enactment of this section involy- provision, initial authorization, or authorization re- stations, cable programming networks, anO pay- ing any claim against a Irancl+ising authority or rtewal for a provider of direct broadcast satellite per-view services. The study shall investigate and other governmental entity, or any olticial, menr service providing video programming, that the analyze, on a sport-by-sporl basis, trends in the her, employee, or agent of such authority or emi- provider of such service reserve a portion of its migrahon of such programming from carriage by ty, arising from the regulation of cable service or channel capacity, equal to not less than 4 percent broadcast stations to carriage over cable pro- Irom adecision of approval or disapproval witl+ nor more than 1 percent, exclusively for noncom- gramming networks and pay per view systems, respect to a grant, renewal, transfer, ur amend- merctal prog?amming of an educational or inlor- including the economic causes and the economic ment of a franchise, any relief, to the extent such mational nature. and social conse$uences of such trends. relief is required by arry other provision of Feder- "(2) USE OF UNUSED CHANNEL CAPACITY. - (b) REPORT ON STUDY. -The Federal Com- at, Slate, or local law, shall be limited to injunctive A provider of such service may utilize for any pus- munications Conmission shall, on or before July relict and declaratory relief. pose any unused channel rapacity required to be 1, 1993, and July 1, 1994, submit an interim and "(b) EXCEPTION FOR COMPLETED CASES. - reserved under this subsection pending the actual a final report, respec?ively, on the results of the The limitation contained in subsection (a) shall use of such channel capacity for noncommercial study required Dy subsection (a) to the Commit- not apply to actions tl+at, prior to such violation, proyramming of an educational or informational lee on Energy and Commerce of the Noose of have been determined by a final order of a court nature. Representatives and the Committee on Com- ot binding jurisdiction, no Longer subject to ap- "(3) PRICES, TERMS, AND CONDITIONS; E01- merce, Science, and Transportation of the Senate. peal, to be in violation of a cable operator's rights. TORIAL CONTROL. - A provider of direct broad- Such reports shall include a statement of the re- "(c) DISCRIMINATION CLAIMS PERMITTED. cast satellite service shall meet the requirements sulis, on a sport-by-sport Dasis, of the analysis of - Nothing in this section shall be construed as of this subsection by making channel capacity the trends required by subsection (a) and such limiting the relief authorized With respect to any available to national educational programming legislative or regulatory recommendations as the claim against a irancliising authority or other goy- suppliers, upon reasonable prices, terms, and Lommission considers appropriate. ernmental entity, or any olticial, member, employ- conditions, as determined by the Commission un- (c) ANALYSIS OF PRECLUSIVE CONTRACTS ee, or agent of such authority or entity, to the ex- der paragraph (4). Tlie provrder of direct broad- REQUIRED . tent such clai+n involves discrimination on the ba- cast satellite service shall not exercise any edilori- (t) ANALYSIS REQUIRED. - to conducting sis o1 race, color, sex, age, religion, national ori- al control over any video programming provided the study required by subsection (a), the Cam- gin, or handicap. pursuant to this subsection. mission shall analyze the extent to which prec!u- "(d) RULE OF CONSTRIJCTION. -Nothing in "(4) LtMtTATtONS. - In determining reason- sine contracts between college athletic conler- this section shall be construed as creating or able prices under paragraph (3) cotes and video programming vendors have arti- authorizing liability of any kind, under any law, for "(A) ttie Commission shall take into account ticially and urilalrly restricted the supply of the any action or failure to act relating to cable ser- the nonprofit character of the programming sporting events of local colleges for broadcast on vice or the granting of a franchise by any tran- provider and any Federal funds used to support local television stations. In conducting such anal- chising authority or other governmental entity, or such program; ysis, the Commission shall consult with tl+e Atlor- any olticial, member, employee, or ayent of such "(B) the Commission shall not permit such nr:y General to determine whether and to what ex- authority or entity.". prices to exceed, for any channel made available lent such preclusive contracts are prol+ib~led by (b) CONFORMING AMENDMENT. -Section under this subsecl+on, 50 percent of the total existing statutes. The reports required by subsec- 635(b) of the Communications Acl of 1934 (47 direct costs of making such channel available; lion (b) shall include separate statements of ttie U.S.C. 555(b)j is amended by inserting "and witl+ and results of tfie analysis required by this subsec- the provisions of subsection (a)` after "subsection "(C) in ?he calculation of total direct costs, the lion, together with such recommendations for (a)", Commission shall exclude legislation as the Commission considers neces- "(i) marketing costs, general administrative sary and appropriate. SEC. 25. DIRECT BROADCAST SATELLITE SER- costs, and similar overhead costs of the provider (2) DEFINITION. -for purposes of the sub- VICE OBLIGATIONS. of direct broadcast satellite service; and section, the term `preclusive contract" includes (a) AMENDMENT. - Part I of title iii of Ilse `(ii) the revenue that such provider might any contract tl+at prohibits - Communications Act of 1934 is further amended have obtained by making such channel available (A) the live broadcast by a local television sta- Gy insertiny after section 334 (as added by sec- to a commercial provider of video programming. lion of a sporting event of a local colleye Team lion 22(1) of this Act) the following new section: '(5) DEFINITIONS. -For purposes of this that is not carried, on a live basis, by arry cable subsection- system within the local community served by "SEC. 335. DIRECT BROAOCAS7 SATEILITE "(A) The term 'provider of direct broadcast such local television station; or SERVICE OBLIGATIONS. satellite service' means - (B) the delayed broadcast by a local television "(a) Plif)CEEDING REOUtRED TO REVIEW "(i) a licensee for a Ku-band satellite syslern station of a sporting event of a local college team OBS RESPONSIBILITIES. - Tlie Comrnissioii under part 100 0l title 47 of fire Code of Federal that is not carried, on a five or delayed basis, by shall, within 180 days alter the dale of enact- Regulations; or any cable system williin the local community ment of this section, initiate a rutemaking pro- " (ii) any distributor who controls a mini- served by such total television station. ceeding to impose on providers of direct broad- mum number of channels (as specified by Com- cast satellite service, public interest or other re- mission regulation) using a Ku-band fixed ser- SEC. 27. APPLICABILITY OF ANTITRUST . quirements for providiny video programming. vice satellite system for the provision of video Nothing in this Act or the amendments made Dy Any regulations prescribed pursuant to such programming directly to the home and licensed this Acl shall be construed to alter or restrict in rutemaking shall, at a minimum apply the access under part 25 of title 41 0l the Code of Federal any manner the applicability of any Federal or to broadcast time requirement of section Regulations. State antitrust law. 312(a)(7) and the use of facilities requirements "(B) The term 'national educational program- ot section 3l5 to providers of direct broadcast ming supplier' includes any qualified noncommer- SEC. 28. EFFECTIVE DATE. satellite service providing video programming. ctal educational television station, other public Except where otherwise expressly provided, the Such proceeding also shall examine the opportu- telecommunications entities, and public ur pmale 'provisions of this Act and the amendments made nines that the establishment of direct broadcast educational institutions.". thereby shall tyke etlect 60 days alter the date of satellite service provides for ttie principle of lo- (b)TECHNICAL AMENDMENT. -Section 331 enactment of this act . A. A.PPENDIB D DENIAL OF FRANCHISE RENEWAL Court Upholds City Council's Firing of Rolla tIy RACIIF,i.1V. TIInA4PSON n a first ~f its kind decisirnt, a cable Iclevision system has been denied renewal of its franchise ender the 19RA Cable Act. . A U.S. District Court judge tall week nrled that the Rol{a, Mo. city council had noted properly in denying Rolla Cable System, owned by Indianapolis, Ind: based MSO Omega Communications Inc., its renewal in Au- Ro11o Coble will gust 1989 on grounds of technical incompetence. Philip Bledsoe, of the Kansas City, Mo. law firm of "such as leakage of the ~~~stent. in- file with the 8th ~ Shughart, lltomson Rr. Kilroy, said Rolla Cable will adequate eyutpment, poor mainte- CireuitCourt of ~ file an appeal b the Rth U.S. Circuit Court of Appeals Hance and the like," ++~ere curable. in St. Lewis. Rolla Cable only proposed con- Appeols. ; A handful of sabre operntors have been denied re- sttuation of a microwave relay ~ ~ newal during Ihe. preliminary stages of the Cable Act when it came time to talk about a renewal prcx~ess, but never before has an operator been Fenewal, the document says. rejerlecl follmving completion of the administrative hearing process. Overall, the city concluded Rol- Cahlc industry lobbyists cited the case as proof that the Cah{e Act renewal pm- la Cable had failed to substantially sass is effective as is, ++~hile others seeking legislative refornis said Rolla is simply comply with the terms of its frrn- nrnre evidence of the need for a competitive renewal process. chile by providing reasonable p~c- Community Antenna Television Association president Steve [iffros said the out- tore quality and service. The r~un- come "proves that the cities when they do have a decent claim can do Something" pang's periornrance was not "rea- OmeRa Communications is a CATA member. sonable in light of community Thomas M. Ulterback, the city's consultant oast attorney, said the decision sent needs." Rolla Cable appeared to two strong messages: One, that there are measures of technical 1?erfonnance against have the financial capability to which cable operators can and will be. held; and two, that cable operators should continue operation of the system, "lake these renewal pmceedings setiottsly," but had "continually and consis- Rolla is "a very good cast to Shaw that if you do it right, you're okay;' said Arnold tently mismanaged (it)...primarily Re Porter attorney Norman Sine{, who advises several cities on cable matters. because of its inability to uncler- But, he said, the process had consumed enormous resources, and in contrast to a stand and/or commit to technical crnnpctitive renewal process, placed too great a burden on local authorities. competence." On the fourth and fi- Reforms in the renewal process are_contained in pending cable legislation in both Hal point of evaluation, the Rolla the house rind Senate, although key bills offered by Rep. Ed Markey (D-Mess.) and council concluded that tlrc renewal , Sen. John Danforth (R-1,40) do not include competitive renewal language et this time, proposal set forth by the company was satisfactory. In its suit, Rolla Cahlc charRcd that the city's conclusions were Mulpehannel Newt Aprll22,1990 based on improper criteria, that council members and others were predisposed to deny the renewal before the proceedings got under- way, that the city failed to present and CC:O Robert E. Schloss "That St. Louis, and to a lesser degree '•a preponderance" of evidence in Under companion hills offered the situation bad become so had from Springfield and Jefferson Ciry• its favor, and that the council de- bt' Scn. Joseph Liehemtan (D-Cf) (rtgarding signal quality and other Schloss said he polled sub- Hied the cable company adequate and Rep. Christopher Shays (R- consumer problems} that at least scribers on whether they ++~oald be notice and opportunity to partici- CT),cities could issue requests for one council member and several willing to pay an extra 50 cents, $2 pate in the proceedings. pmpocalc In outside cable comps- people within the community were or $4 a month to fund a $5(10,000 The district court decided the nits during the renews{ process, discussing a mo+~e to revoke the microwave relay from SI. Louis to case entirely on the basis of the and then compare the different bids company's franchise; 'the docu- Rolla, but the results showed they trocord established during the crnrn- before deciding u~hetlrer to renew meat says. Billing problems and wouldn't pay a nickel. Rolla subs oil proceedings, refusing to coosid- the existing pro+~ider or issue a lousy signals were consumers' now pay $14 fora 35-channel er any new evidence. "1'tre court franchise to a new company, Sinel worst complaints. package. One-third of those Chan- found that the cable company Itad• said. Schloss said he doesn't recall the nets are off-air broadcast stations been adequately -but not pmprr- Tlre citiiens of Rolla have Irad 1983 communication, but saiel he from the three nearby cities. The !y-notified of quality and service a rocky relationship with their ca- rebuilt the entire 4,00(1-subscriber system has 80 percent penetration. problems, and so those problems ble company for more than 11 system during 1986-1987. tae The council decision indicates could not be the basis for the non- years. according to a document claimed that signal problems and that wfi{le some of the signal qual- renewal. But the coup agreed that outlining the reasons for the denial. consumer complaints emanated pri- ity problems that bothered sub- Rolfa Cable Packed technical com- As early as 1983, Rolla's city ad- manly from the poor quality of scribers stemmed from factors be- petencc, upholding the overall elc- rninistrator told Ornega chairman broadcast stations brought in from quad Schloss's control, many, cision.¦ • COLE RAYW{D S~ BRAVERMAN Jo«N a. COLE. Ja. ATTORNEYS AT LAw ALAN gA~WlO BURT A BRAVERMAN SECOND FLOOR ROBERT L. JA MfS JOSEPH R REI~Ea 1919 PENNSYLVANIA AVENUE. N. W, CRAIG 3 McCOr fgANCES J. CNETWTND WASHINGTON, O.C. 20006.34g6 (i9•~~ Ig M AgGARCT L. NAE RING JOHN D SEINER W CSLCV R. HE PPLCR (20.2) 6g9.97g0 CABLE AOORC55 f IiA B" PAUL GLIST DAVID M, SILVERMAN JAMES i. IRELAND $ TELECOa~ER M AU RI7A K. COLCv (202052 008 SUSAN PARADISE BAITER h E H C1 R A Id D U h ROBERT G. SCOTT. JR. SUSAN WNELAN WESTFALL JULIE A. NARK vVONNf R. BENNETT LYNN S. ERIEDMAN• ' JOHN DAVID SON THOMAS Apri 1 18 , 19 91 TIMOTNT q, BURR •ow nr[o ~ti oCwwsrw.r.u O~tr TO: ALL CABLE TELEVISION CLIENTS SUBJECT: Recent Court Decisia>ns Affecting Cable Clients Three court decisions were issued early this week which have the potenital to significantly and unfavorably impact cable television operators. The fallowing is a brief summary of each decision. I. Court Upholds Denial Of Franchise Renewal For the first time, a federal district court (Eastern District of Missouri) has upheld the denial of a franchise renewal following formal Cable Act renewal proceedings (Rolla Cable SXstem v. City of Rolla}. Perhaps more important than the particular renewal denial are the several procedural and evidentiary standards set forth by the court for formal Cable Act renewal proceedings before the francl~isi~(g authority. First, the court held that cable operator allegations of bias or prejudice -against the franchising authority must be raised "as soon as practicable after a party has reasonable cause to believe that grounds for disqualification exists". If the cable operator waits until the unsuccessful conclusion of a formal renewal proceeding to raise bias and prejudice claims, this court would rule that such due process concerns are waived. This creates the obvious practical problem of alienating franchising authority decisionmakers by asserting such a claim prior to conclusion of the renewal proceeding. Second, the court ruled that unless the cable operator establishes that a franchising authority official had a "personal or institutional financial interest" in the outcome of the renewal proceeding, biased statements made by such official • , COLE, RnrwlO S, BRAVEfiMAN . - 2 - before and during the renewal proceeding will normally not be considered a due process violation. Third, the court found that prejudicial and biased statements made by cable consultants and cable "committee members" were not a violation of the cable operator's due process rights because these individuals were not "decision makers" (i.e. city council members). Fourth, the court found that the Cable Act does not require franchising authorities to be "completely neutral" in the renewal process, just sufficiently neutral to not violate cable operators due process rights. Finally, the court ruled that evidence of the cable operator's past performance can be used in establishing that the operator does not have the "technical" capability to fulfill the future obligations of its franchise renewal proposal. On the favorable side, the court ruled that for a franchising authority to deny renewal based upon post-Cable Act franchise violations and/or service quality deficiencies, the franchising authority members not customers, third party consultants or other employees of the city must provide cable operators with very specific notification of such violations and deficiencies and allow for an opportunity to cure. The court stated that such notification to the cable operator does not need to be in writing. It should be remembered that this court's decision is binding only in its own federal district and that this decision will very likely be appealed. However, since it is the first case addressing many of these issues, it is likely to be widely read and followed by cities. Because the procedural and evidentiary issues discussed in this case can have a significant impact upon your ultimate success in a formal Cable Act renewal process, we would urge you to contact counsel if you are about to enter into such formal renewal proceedings. II. Discriminatory Taxation Of Cable Not A First Amendment Violation The Supreme Court has ruled in Leathers v. Medlock that a state may lawfully impose a generally applicable sales tax upon cable television while excluding from that sales tax newspaper subscription sales. The Court went even further to rule that such "intermedia" taxation discrimination will be presumed lawful unless the tax: (1) is applicable only to a specific media; (2) targets a "small group" within a specific media; or (3) is based upon the content of the media's speech. The Court confirmed that cable operators are indeed First Amendment speakers, but held that this does not preclude discriminatory taxation among other First Amendment media. While this would theoretically allow a state to exclude cable television from a sales tax while including, for example, newspaper subscriptions, the political reality is that cable will more often bear the taxation burden. Multlchaottel News Apr1122, 1991 ~ontinenta! bets Prelimina~ y ' 1 to IVlasso Renewn~ Denia By NANCY BRUMBACK ATERTOWN, Mass.-Wa- Cable Act's tout-month negotiat- Gvc-year renewal while ucw tcch- tertown has preliminarily ing deadline as its reason for issu- nutogy is being developed in thr, denied Continental Cable- ing the preliminary denial. cable industry, but added a claim vision's franchise renewal, drawing Sofro said, "We are very count- that "Cont'tnctttal rejected this an angry response from the cable dent a renewal license will be coupler-pn,posal sonnnarily." operator as the two parties prepare granted" after the formal renewal Cnntinental's Icucr notes the for the second stage in formal re- process. "It is ironic this is happen- five-year tcmt was presented at the newal proceedings outlined in the ing in a system that is very well tun end of the final negotiating session Cable Act. and where we offered a really ex- April 1, and that the. con,papy's up- On April 9, Rodney i{. Irwin, ceilent proposal. But that makes it grade invcsUnent proposal is based town manager for the western sub- easier in the. next stage to make on a 10-year renewal. orb of Boston, as issuing authority sure we are not denied a renewal." '1'bc Wntcr1own denial slalcnunt for the 7,500-subscriber system, A major issue in the dispute is also charges Crn,tincntal has failed denied Continental's renewal bid, the town's request for a rebuild and t~ I,nwidc arcuratc and contl,lctc citing failure to comply with li- Continental's proposal lot a fiber Inruuial information op its prol,c+s- cense terms, problems with signal optic upgrade. al for the system, "ctcspitc rcltcatcd quality and subscriber complaints, Watertown claims Continental requests." "failure to verify accurately that it promised to add a second 400 Mflz this charge, said Sofro, "is proof has the financial ability" to meet cable for an additiona152 channels they arc trying to cpthar,+ss us. Iw, its proposed plans for the system, once 50 of the existing channels Massachusetts. pngn,sats always g p g include a balance shot :uul I(1-year ~ and "faih,re to a ree to a reason- were ro rammed. in its October able proposal to meet the future request for a renewal proposal, the pnijedions." "11te prc~jcctions were cable-related community needs town asked for a rebuild to an 80- rejected, she said, because they and interests." channel, 550 MHz system. used a a+nslant dollar analysis, ac- Continentat vehemently denied ContinentalI instead has proposed rcpted by the state cable conpnis- those allegations. to bring a fiber optic line From its lion, rather than Taking into ac- The f0-year license for the S2- lower site in'Wobum into its New- count inflation. channel Watertown system expires ton headcnd and then to Water- The allcgatiup about Contincrt- June 24, 1991. The next step in the town, with an initial upgrade to a tai's financial ability "is clearly a process, an administrative hearing, 61-channel, 450 MHz system. red herripg...ln 27 years, Contincn- has been scheduled for Apri124. Sofia said additional channels tai has never failed to build ur up- Tn an April I S letter to Irwin, could be added in the future via grade a systcto due to lack of fi- Margaret A. Sofro, vice prtsident fiber or signal compression.'This nancial c;+pahility," Sofro wratc in and counsel for Continental's New system is only nine years old. her response to Irwio.¦ England region, charged the pre- Therc's no nred for a complete re- liminary denial statement misrep- build." Tnirrhifd Nr+,~s Sr•„~ic~r resents the ope~ator's,..,.r~sal and f:pslcin qucstinncd whether the argued the town did not negotiate fiber link would solve the signal in good faith. quality prahlcros the town cited i+t The letter accuses Irwin and out- its prc{iminary denial. i3ut Conti- side counsel Peter I. Epstein of nental says its signal quality al- breaking off negotiations "prccip- ready meets l'CC rccpriremcnts and itously" at a point when the town's that "any vestige of micmvave in- negotiatingcommittee had accept- teticrence" wcwld be eliminated by ed virtually all of Continental's the nc~r fink. proposal except the 10-year tern,. The town indicated it would dis- The town document cited the cuss a fiber a+ptic upgrade (nr a APPENDIX E LOCAL MULTIPOINT DISTRIBUTION SYSTEM - ~.a ` , r ~.6 I ~ The CteltlularYSlon f ~~LLU L ~~/I~ I~ N'~ "Bia IG'pa~cl:ageoFonc N ~~',~i ~ hookup arxi 40 channel; plus ~'?tt' renwtc k, $29.95/month. 1`:'.:. Additbnal set6 art ~,;.'~1'1. ~ ~ 'y,r k. • r ~y.95/nwnih.lnStatlatbn ..r,{rc; t~~ 1 7, n ' f c,~t charge (ar one bet is l :,tJ~ ~ each addrtbnal bet i5 X25. ~ Channel /Network j 1 Prevue Guide t 2 WCBS I 3 The Weather Channel A WNtiL I 5 WYNY t I 6 vl l-l ~ wnec 8 ESYN 9 WWOR In the F3rooklyn, N.Y., neighborhood 'rue developer, Suite 1'l (soup, is a small, tocNN hreehukl, NJ.-based partnership involving the sys- nwPlx of Brighton Beach, an upstart teni s designer and the two top executives of t2 tB55upar~tation l Icwnan't<vt Group, a I.u•ge bast Coast rt•a1 estate level- t3 wNET corn an i5 USin a new technolo t0 14 ASE p y g 9y opment and management firm. In early 1 J!)! the I~CC ,5 usA granted Suite 1'l a st>ecial five-year license to provide re 5howume deliver cable-like N to subscribers service lhrouglwut New York City and Westchester t7 The Movie Channel Cannily to the north, on condition that rommerci.rl ie ~ixovery ~ nyone attentptutg to site up the expanding operations be wtdcrway by sunuucr of '~J2. 9Ol~tvear»ing ehanrtet 1 cumlxlitive landscape in cal)le'IV would With Utal goal met, Suite 1'l, Through its ol)eraling 21 cNBc be well advised to pay attention to level- ann, Hye Crest Managenx:nt, is planning to extend 22 cNN Ht•r;annt News U.r~ opments on an eastern slretc•h of l3rooklyu the service across its New York license territory as 23 M5G• coastline beyond the Verr-:rzzano Narrows Bridge. quickly as I)ossible, officials s;ry, with st~-ond and third 24 rVl-News channa• 25 EI 'lucre, in a residential pocket of 14)0,0(H) house- cclll sites slated to go on line in April. l lye Crest has 26 tiftumt bolls known as Brighton Beach, a revolutionary ta),ien shipment on severd hundred antennas;utd rM 27 Nk:kekxlcon means of providing multiple channel television sec- demodu{ator boxes to solve the initial costumer base 2B n,t Famiyehannel vice over the air is under way. and has ordered 80,(X)0 more traits to cover first phase 29 No6talgra Operating under a special rCC license in the 28 expansion, according to Shane I lovnaniart, one of Ute ~~-SPAN 31 G-SPAN II GHz region of the microwave spec~zun, a small start- paiiners in Suite 12. 32 ovc up venture known as Suite 1'l Group is offering high- 1 lovnanian says there area "few hunched" sill)- 33OV% Fashion Ghanncl gt+alily "tV service with a starling price of $2J tJ~i for scribers to the three-mouth-old service. I lye Crest 3a BEr a 94channel basic tier that includes Showtime and has been operating with a smtill installation and sales 35lntcmationat Channel 'lue tilovie Channel. crew, ovetxen by GM kill MclCisscxk, a fanner Bert- ~ canal scar 37 UNF Channel 55 Nine additional channels of premium services, er<ilmautagerandVPofMacleartHunter'sJerseyCity ~y,~lt,/ including pay-per-view, are offered optionally, with cable system. 39 Ku661an tiiurie 1 f RO arul other pay channels priced at $J 9''i ~tnd 1'PV "We haven't been in any hurry to promote this, ehanner / Accc66 pegged al $3.cJ5 txr viewing. At press time Suitt: 12, wirih so much new equipnteni gou?g into the pipeline," 4owri-rt: which is mvicetecl as Cellul.rrV~isiou of New York, was 1-lovnanian notes. "Word u[ mouth is producing all 41 The Travct Channel 42 HBO' awaiting di•livery of signal security hardware to sul~ lire business we can handle." 43 tlnemax.• port provision of the premium service. "Ihe same can be said of the 1~CC.1ue commis- 44 The Dteney t:hannel• I 'Il+e {,n-oup's patented wireless technolobry permits sign's licensing of Suite 12 Group triggered a blizzard 45 5portscnannel• propagation of television, data and telephone si{,mals of applications for similar special licenses elsewhere 46 SporteChannel America' omnidirectionally over a 30 squar~mi{e service area from some 700 entities, most of diem MM llS opera- 47pay-per-vb,f , 48 pay-perrieN/ using a 1 GI I•r. frequency band which previously was tors. So far, no action has Ix:en taken on these filings. 49 P,Y-Perwleh/' decnted unsuitable for such applications. According Now rite commission has frozen any furllter appli- to documents on file al the hCC aced the testimony of caitions for special licenses as officials prepare to act Premium channel6 in I>ow marry exports inlervic~wed over the past few months, on Suite 12's request for a nationwide allocation of 'l • 6clwiukd co launch the technolu},ry is a breakthrough na> GI Iz in the 'l8 GI lz zone ('17.5-2J.5 resenli++g Iln• only known way to provide BY GI Iz) fur what it calls "uwhichannel tl+is tytx of service at Ute'L8 Gl tz mgion. E R E D DAN~ci O N local distribution service" (M 1.ll5). CABLEVISION DECEMBER 14, 1992 33 As protx,sed Uy Suite 12, ll?e allocation wont! con+lx;le for a,+y licenses it wants on lion p?txess, after what we've gone tl+mugh at 28 G! 1 ~ now set aside but rarely used for the s,~n?e playing Ge?d with everyone else. to acquire Slxrln?m to opciate," says a lead. Ix,inl-t~rt,oint microwave con?uxo+ications, lle says the Ieclmology would lk licensed inR represe?+lative at U+e indust?y, asking would lead to licensinK of two p?ivale opcr- k, a9 I~CGs:u+ctionetl oper:?lu?s on ve?y rca- not to be named. alors lx'r market Each ol,e?ator could use sonaUle terms. On the cable side, where initial press its 1 Gl Iz share of slrechY?m for voice and )usl who such ot,eralors might be is retxnis arc just beguu»ng to stir interest, data as well as'1V transmission. hot issue. U S Well has been the l,oldcsl little 1houRl+l l+as bceo Riven to the Suite 3'l I~CC uf6rials recently indicated to inter- ex{,onenl of Telco p:u~icil><~tion in the tech- concept. A small handful o[ MSUs have ested I,a?iies that they would like to issue nuloRy, but other h~~tl exchange carriers taken afirst-hand look at the leclu?ologry, a notice of proposed ndemaking on the are looking at it, weighing what tx,sition to whit h requires the siRr+i?+g of a sU•on}; non- Suite 12 p1,v?1,efure the year is out. But this take shuuld a proposed ndemaking conic con+pele, nun-disclosure agreement But was looking ever harder to accomplish as down from the commission. many companies, cable and Telco alike, what one official called "the n?ake~work" of °We're thinking it through," s:?ys Jim have rcfustxl to du so, leaving them to tl+e cable bill hit I~CC desks. Bauer, VI',strategic tlevelopmeni, at Arne?i- assrss Q+e technolo{,ry second hand. lany Levine, director of market stmt- Iecl? Services, which has shown strung Apparently, (he NCI'A has not tormu- eRy development at U S West, which sutr interest in the technology. "But, frankly, we latetl a position on Suite 12's application. A (xnis Suite 12's nden?akinR request, says, havc?i t matte up our minds how to pro- request for any inlvrn+ation to tl+c urnlrary "We were hexing it could hapl,en this yru', teed ° elicited no resppnse. And, so far, no one but the cable bill has slowed Urings dow?i " As (or MMDS, operators wek:on+e the from Cable'1'etevision L•?lx,ratories or the Suite 12 has asked for a pioneer's pref- lxrssibility that a more user-friendly seg- NC1'A's technical staff has seen the erence to ~uaranlee it a license for I.os Wren( of spectnnu might come open (or B?ighton Beach system in olx'ration. A?+Rcles. Under terms of U+e Gve-year New their business, but they're worried Il+at tlx:y "If this is for' real, it's a Uonrbshell," says York license, the pa?tnership will have U+e might not Ur given special Irealrucnlu+ the a Con+cast executive, speaking on Uack- option to request renewals if it becomes a licensing process at Ure I~CC. ground. "But who can tell?" solid ern++mercial operation. "h woultl?i t Ue right for Q+e CCG to force W bile stateside interests attempt to size 1?lsewhcre, t lovnanian says, Suite 12 us into a loltciy or some oll+crdrmrcc selco- up Suite 12's system, entities outside the ~i~ , 3(i CABLEYISION DECEMBER 14, 1492 co~uiUy:u-einvaliousslagesofnegutiations named, Suite. 12's system allows "fora tagesoverwirclinenetworks,especially for lircnses from Suite 12. In Venru+ela, much higher quality grade of xtvice, l;ogee wireline networks plat are cal><Ible of deliv- forexample, sources report an entrepre- total coverage areas and avoidance o[ the eying as many types of services as were neur has won licensing authority to launch line-of•sighl 1)ropagntion limitations that ek?I+onsh~~led al the liruolclyn silo. service atl8 GI Iz and is seeking n tech- severely restrict MMDS ability to serve Acrnrding to liern:ud 13ossard, the Suite no{ogy license from Suite l2. large numbe?~s of households." 12 partner who is desi6~ller of the system, "You have to take a hard Icx)k at some- "111e uonarned manufacturer says the the hardware costs per transmitter site Think like this in are;ls Where the economy system costs should permit users u(the beyuud a given market's central headrnd threatens a good 1tUl on cable pl:ult,"says tec:hnulugy to deliver selvices priced at GO lucatiou nln abcnlt $'150,000, inchuling fill an executive al a table MSO with propc~-- fx~rcent of the typical rates charged by backup. llussard s:rys it will lake about 'l'l ties in lalrot>e. "It aptx°ars to be a far more cable operllols. However, Hye Crest's ini- transmitter locations to cover the entire effective technolntry than MMDS, where fiat rate scheme, while below area Able license area of New York and 1'Veslrheslec, the competition for spectrum is so great rates, ekx•sn'l reflect such discounting. comprising a population base of sooty <Ind sitm.d coverage is more of a problem ° l lovnanialu says the company's ero- seven million lx~ople. Uthc r major players are also vouching nomic projections assume a he;llthy return "llle ;u?tennas in the home cost $130, fur the utility of Suite 1`L's technalu6ry, Orl IIIVeStlrll'll~ at CUn'ent 1'atti.5 W1t11 lxrl)h l;ossard say's, while Il?e set-lop box costs including some manufacturers who have lration of Duly 15 percent of the service between $5U and $70, depending un fea- beconle suppliers. In a recent notice to a,-ea.Asaresult,headds,lhecompanycan tures.Syslemsuppliersiurh?de flughca, shareholders, MIA-CUM lnc. cited Suite target non-cabje subscribers, including M/ATOM and C'alel'1'elc~onuuuniratiuns. 1'l's order for M!A-COM receivers as a cxcutkults of lxlildings not wired fur cable, 111e obscurity of the INrhnuluE,ry :uul its "notable example" of the uplx?rlunities the ;uxl achieve profitability without 1;11cing sul} developers have made fur inl~resling company sees for itself in wireless ronr scribel-s away from cable olxrators. nunols about the system. An fCC ol'firial, nxulicatienls• asking nut to be n;nned, s:rys he was tulcl According to another majo?' nuunlfac- The Technology''S ~OSIS by a usually reliable party pul'pulling to foyer's elocument, which was mach avail- /1s described by Suite 1'l officials the have paid Suite 12's [3roulclyn operation a able on condition that thN firm nut be tcti:huolubry ilexes aptx.~r to haver cost advan- visit tLat the syslen? was nothing Inure Uuul `In take advantage of the industry's products and selvices you need to emerging technologies, look to increase your margins and cash flow. CableData, the company with [he So don i wait. Call us today for the right solutions, right now. 1tacked by systems and support you can coon[ on Cam e 27 }'ears in the cable industry, you can from the industry's Ieadee e~ata rely on CableData ro provide the - _ ~ 1? adV:lllCl'd SlIbSCflber I11:111:IgeI11C11t SJQ~IIII'ItlU (91G) 6.16 9tlpl • Arl~m~ 14u•tl Slrt tl44(1 Gain from the experience CABLEVISION DECEMBER 14, 199 S7 a SMA•IV scarp• writer found that 5uilc t'L was delivcrin{; "Ilre syslcm is designed to provide ser• Itul a mid-October visit to the site by 49 television channels wi0i extremely good vice over cell areas measuring six miles in Common Canter bureau chief Cheryl"I'rilt pichrre resolution l0 30" 1V screens Iron diameter, with a single hcadcnd serving served Io provide the commission with a transmitter one and a hall tortes away. nudtiple cell sights via microwave links much-needed first-hvul odormation.Asked Signals were received by lightweight, operating within the same slmclnrm allo- to colmnent on "1'ritt's visit, Ilovnanian windowsill-mounted flat antennas mca- cation. 71ws, a single hcadcnd can serve responds, "1 dnn't think they9l be wonder- sating 4'/ inches square and transmitted an rnlire metrolwlitan region without a ing if this is a SMA IV system any more." on premises via coaxial cable to a set-lop need for out-o[--band microwave links or Indeed, in a recent visit to Brooklyn, Otis modulator/converter. fiber to provide backbone connectivity. Itossard says cell diameters have been reduced 6•om previously proposed dis- lanres of I'L miles to accommodate use of lower-lower transmitters and lower-cost ' rttiYCivcrs. I le notes that syslcm receivers, lrans- Ca61e System millers autl other components were desi{,nrecl to meet extieuiely rigorous spec- Man agers: ifications, even~under foul weather condi• lions. "We could operate wiOr these same W e t w ~ u ~ size ;uitennas over a 1'l-mile cell," he says, Y Y "but we re committed to nrmring at 99.9 Your Leftover percent reliability with signal-lo-noise r,, lralieisJ typically at 58 dl3 or better." Time ~ ~ o C K.S ! 'll?is conq~ares to signal quality levels of 4.1 d13 in stale-of-the-art fiber/coaxial cable systems. Older cable systems oper- ate atmuch lower levels. Suite 12's quality ValueVision International, Inc. ]cvcls;u•e so much higherbecause Ore sig- is actively purchasing weekly blocks of time oats are I~ M rattier than AM, as U~ey :u•e in cable. I~M is similar to digital in its resis- on DOZENS of systems like yours! , lance to impairments. Signal coverage also alpears to be an Weekday, weekend, morning and/or advantage for the Suite 1`l technolo6ry. In afternoon, fully-preemptible off-hours the on-site demonstration, pictures were on part-time channels turn into sharp, even when the signals passed THOUSANDS of dollars through foliage ar were received out of „ direct line of sight with the transmitter in found money for your bottom line! from reflecting surfaces, such as nearby buildings or interior walls. No long term commitment required. l3ussard says the ability to reuse the Galaxy 1 satellite location. Payment allocated Iraluency O~rough polarization in advance. Arrangements completed diversity opens the way fur provision of vir- tually vey type olservice over Ore cell area. by Phone in minutest Fur example, Ore shechUm could be dedi- cate) to sulplying al least IG,GW siuwha- We're already in nearly 10 MII.LION ncous voice circuits while delivering 49 homes! Call to make a sale today! channels o[ television. hinvuing is in place to support expan- CaU Steve Cunningham lion over the entire license territory, ai (303) 860-1899 l~luvnanian cotes, but Suite t'l is looking for a strategic Ik7rtncr to bring operational O~ exlxricnce as well as capital to the I;ible. Bob Johander - "t1~e "boirk" on Suite I'l is in circulation at (612) 831-1407. . ~ to interested potential lartners, sow•ces say. Alex Ilruwn & Sons of 13ahiuwre is handling Orc o[lering. m 3J~ CABtEVISION ¦ DECEMBER 14, 1992 s A]~PENDI~t F NEW FCC TECHNICAL STANDARDS , Technical Standards for Cable TV Signal Quality . Adopted by Federal Communications Commission February 13, 1992 CONTENTS 76.5 Definitions. 76.305 Records to be maintained locally by cable system operators for public inspection. 76.601 Performance tests. 76.605 Technical Standards. 76.606 Closed Captionin4. ' 76.607 Resolution of Complaints. 76.609 Measurements. Part 76 of Chapter I of Title 47 of the Code of Federal Regulations is amended to read as follows: 1. Section 76.5 is amended by adding paragraph (jj) to read as follows: 76.5 Definitions. A ~ f f t Qj) Rural Area. A community unit with a density of Tess than thirty households per route mile of coaxial and/or fiber optic cable trur?k and feeder line. 2. Section 76.305 is amended by revising paragraphs (a) and, {c) to read as follows: 76.305 Records to be maintained locally by cable system operators for public inspection. (a) Records to be maintained. The operator of every cable television system having 1,000 or more subscribers shah maintain for public inspection a file containing a copy of all records which are required to be kept by [Section} 76.205(d) (origination cablecasts by candidates for public office); (Section] 76.221(f) (sponsorship identifications}; (Section] 76.79 (EEO records available for public inspection); (Section] 76.601 (c) (proof-of-performance test data); and [Section] 76.601(e) (signal leakage logs and repair-records). (c) The records specified in paragraph (a) of this section shall be retained for the persod specified in Section 76.205(d), 76.221(f), 76.79, 76,601(c), and 76.601(e), respectively. 3. Section 76.601 is amended by revising paragraphs (a} and (b), adding paragraphs (c), (d) and (e), and by deleting the concluding note. !t is to read as follows: FCC Technical Standards for Cable TV Sionat duality 2 76.601 Performance Tests. (a) The operator of each cable television system shalt be responsible for insuring that each such system is designed, installed, and operated in a manner that fully complies with the provisions of this subpart. Each system operator shall be prepared to show, on request by an authorized representative of the Commission or the local franchiser, chat the system does, in fact, comply wslh the rules. (b) The operator of each cable television system shall maintain at its local office a current listing or the cable television channels which that system delivers to its subscribers. (c} The operator of each cable television system shall conduct complete performance tests of that system at least twice each calendar year (at intervals not to exceed seven months), unless otherwise noted below, and shall maintain the resulting test data on file at~the operator's local business office for at (east five (5) years. The test data shall be made available for inspection by the Commission or the local franchiser upon request. The performance tests shall be directed at detr;rmining the extent to which the system complies with all the technical standards set forth in (Section) 76.605(a) and shall be as follows; (1) For cable television systems with 1,000 or more subscribers but with 12,500 subscribers or less, proof-of-performance tests conducted pursuant to this section shall include measurements taken at six (6) widely separated points within each mechanically continuous set of cables within the cable television system. Within the cable system, one additional test point shall be added for every additional 12,500 subscribers or fraction thereof (e.g., 7 test points if 1:?,501 to 25,000 subscribers; 8 test points if 25,001 to 37,500 subscribers, etc.). Such proof-of-performance test points shall be balanced to represent all geographic areas served by the cable system. Within each mechanically continuous set of cables, at least one-third of the test points shalt be representative of subscriber terminals most distant from the system input in terms of cable length. The measurements may be taken at convenient monitoring points in the cable network: Provided, that data shall be included to relate the measured performance of the system as would be viewed from a nearby subscriber terminal. An identification of the instruments, including the makes, model numbers, and the most recent date of calibration, a description of the procedures utilized, and a statement of qualifications of the person performing the tests shall be set forth. (2} Proof-of-performance tests to determine the extent to which a cable television system complies with the standards set forth in [Section) 76.605(a)(3), (4), and (5) shall be made on each of the NTSC or similar video channels of that system. Proof-of- performance tests for all other standanfs in (Section) 76.605(a) shalt be made on a minimum of four (4) channels plus one additional channel for every 100 Mlrz, or fraction thereof, of cable distribution system upper frequency limit (e.g., 5 channels for cable television systems with a cable distribution system upper frequency limit of 101 to 216 Mhz; 6 channels for cable television systems with a cable distribution system upper frequency limit of 217-300 Mhz; 7 channels for cable television systems with a cable distribution upper frequency limit of 300 to 400 Mhz, etc.). The channels selected. for testing must be representative of all this channels within the cable television system. (3) The operator of each cable television system shall conduct semi-annual proof-of- performance tests of that system, to determine the extent to which the system complies with the technical standards set forth in [Section) 76.605(a)(4) as follows. The visual signal level on each channel shall be measured and recorded, along with the date and time of the measurement, once every six hours (at intervals of not less than five hours or no more than seven hours after the previous measurement), to include the warmest and the coldest times, during a 24-hour period in January or February and in Juty or August. FCC Technical Standards for Cable TV Sianal Quality 3 (4) The operator of each cable television system shall conduct triennial proof-of- performance tests of that system to determine the extent to which the system complies wish the technical standards set forth in [Section] 76.605(a) (11), (12), and (13). (d) Successful completion of the performance tests required by paragraph (c) Of this section does not relieve the system of the obligation to comply with all pertinent technical standards at ail subscriber terminals. Additional tests, repeat testing or tests involving specified subscriber terminals may be required by the Commission or the local franchiser to secure compliance with the technical standards. (e) The provisions of paragraphs (c) and (d) of this section shall not apply to any cable tetevision system having fever than 1,000 subscribers: Provided however, that any cable television system using any frequency spectrum other than that allocated to over-the-air television and FM broadcasting as described in [Section) 73.603 and [Section) X3.210 is required to conduct all tests, measurements and monitoring of signs{ leakage that are required by this subpart. A cable television system operator complying with the monitoring, togging and the Leakage repair requirements of [Sectionj 76.614, shall be considered to have met the requirements of this paragraph. However, the leakage log, shall be retained for five years rather than the two years prescribed in [Sectionj 76.614. 4. Section 76, 605 is amended by revising paragraphs (a) and (b), by revising Nofe (1), by renaming Note (2) as Note (3) and by adding a new Note (2). !t is fo read as follows. 76.605 Technical Standards. (a) As of [6 months and 90 days following publication in the Federal Register], unless otherwise noted, the following requirements apply to the performance of a cable television system as measured at any subscriber Terminal with a matched impedance at the termination point or at the output of the modulating or processing equipment (generally the headend) of the cable television system or otherwise as noted. The requirements are applicable to each NTSC or similar video downstream cable television channel in the system: (1) The cable television channels delivered to-the subscriber's terminal shall be capable of being received and displayed by TV broadcast receivers used for the off-the-air reception of TV broadcast signals, as authorized under Part 73 of this chapter. (2) The aural center frequency of the aural carrier must be 4.5 Mhz 5 khz above the frequency of the visual carrier at the output of the modulating or processing equipment of a cable television system, and at the subscriber terminal. (3) The visual signal level, across a terminating impedance which correctly matches the internal impedance of the cable system as viewed from the subscriber terminal, shall not be less than 1 millivolt across an internal impedance of 75 ohms (O dbmv). Additionally, as measured at the end of a 100 foot cable drop that is connected to the subscriber tap, it shall nat be less than 1.41 millivolts across an internal impedance of 75 ohms (+3 dbmv). (At other impedance values, tt~e minimum visual signal level, as viewed from the subscriber terminal, shall be the square root of 0.0133(Z) millivolts and, as measured at the end of a 100 foot cable drop that is connected to the subscriber tap, shall be two times the square root of 0.00662(Z} millivolts, where Z in the appropriate impedance value.) (4) The visual signal level on each channel shall not vary more thane decibels within any six-hour interval which must include four tests performed in six-hour increments FCC Technical Standards for Cable TV Sianal GTuality 4 during a 24-hour period in July or August and a 24-hour period in January or February, and shalt be maintained within: (i) 3 decibels (dB) of the visual signal level of any visual carrier within a 6 Mhz nominal frequency separation; (ii) 10 d6 of the visual signal level on any other channel on a cable television system of up to 300 MHz of cable distribution system upper frequency limit, with a 1 dB increase for each additional 100 Allhz of cable distribution system upper frequency limit (e.g., 11 dB for a system at ;t01-400 Mhz; 12 dB for a system at 401-500 Mhz, etc.); and (iii) A maximum level such that signal degradation due to overload in the subscriber's receiver or terminal cloes not occur. (5) The rms voltage of the aural signal shall be maintained between 10 and 17 decibels below the associated visual signal level, and shall be maintained at levels riot to cause interference to the upper adjacent channel. This requirement must be met both at the subscriber terminal and at the output ~of the modulating and processing equipment (generally the headend). (6) The amplitude characteristic shall be within a range of + 2 decibels from 0.75 Mhz to 5.0 Mhz above the lower boundary frequency of the cable television channel, referenced to the average of the highest and lowest amplitudes within these frequency boundaries. (7) The ratio of RF visual signal level to system noise shall be as follows: (i) From [90 days following publication in the Federal Register to 1 year thereafter], shaft not be less than 36 decibels. (ii) From (1 year and 90 days following publication in the Federal Register to 2 years thereafter], shall not be less than 40 decibels. (iii) As of [3 years and 90 days following publication in the Federal Register], shall not be less than 43 decibels. (iv) For Class I cable television channels, the requirements of paragraphs (a)(7)(i), (a)(7)(ii) and (a)(7)(iii) of this section are applicable only to: (A) Each signal which is delivered by a cable television system to subscribers within the predicted Grade B contour for that signal; . (B) Each signal which is first picked up within its predicted Grade B contour; (C) Each signal that is first received by the cable television system by direct video feed from a TV broadcast station, a low power TV station, or a TV translator station. (8) The ratio of visual signal level to the rms amplitude of any coherent disturbances such as intermod?ilation products, second and third order distortions or discrete- frequency interfering signals not operating on proper offset assignments shall be as follows: (i) The ratio of visua4 signal level to coherent disturbances shall not be less than 51 decibels for noncohereni channel cable television systems, when measured with modulated carriers and time averaged; and FCC Technical Standards for Cable TV Signal Duality 5 (ii) The ratio of visual signal level to coherent disturbances which are frequency- coincident with the visual carrier shall not be less than 47 decibels for coherent channel cable systems, when measured with modulated carriers and time averaged. (9) The terminal isolation provided io each subscriber terminal: (i) Shall not be less than 18 decibels. In lieu of periodic testing, the cable operator may use specifications provided by the manufacturer for the terminal isolation equipment to meet this standard; and (ii) Shalt be sufficient to prevent reflections caused by open-circuited or shari- circuited subscriber terminals from producing visible picture impairments at any other subscriber terminal. (10) The peak-to-peak variation in visual signal level caused by undesired low frequency disturbances (hum or repetitive transients) generated within the system, or by inadequate low frequency response, shall not exceed 3 percent of the visual signal level. As of [3 years and 90 days following publication in the Federal Register], the following requirements apply to the performance of the cable television system as measured at the output of the modulating or processing equipment (generally the headend) of the system: (11) The chrominance-luminance delay inequality or chrorna delay, which Is the change in delay time of tl~e chrominance component of the signal relative to the luminance component after passing through the system, shall be within 170 nanoseconds. (12) The differential gain for the color subcarrier of the television signal, which is measured as the difference in amplitude between the largest and smallest segments of the chrominance signal (divided by the largest and expressed in percent), shall not exceed + 20°!°. (13) The differential phase for the color subcarrier of the television signal which is measured as the largest phase difference in degrees between each segment of the chrominance signal and reference segment (the segment at the Ulanking level of 0 IRE), sha{I not exceed + 10 degrees. (14) As an exception to the general provision requiring measurements to be made at subscriber terminals, and without regard to the type of signals carried by the cable television system, signal leakage from a cable television system shall be measured in accordance with the procedures outlined in Section 76.609(h) and shall be listed as follows: Signal Leakage Distance in Frequencies Limit meters (m) (microvolts/meter) Less than and including 54 MHz, and over 216 Mhz 15 30 Over 54 up to and including 216 MHz 20 3 FCC Technical Standards for Cable T1J Sianal Quality 6 (b) Cable television systems distributing :signals by using methods such as nonconvenlional coaxial cable techniques, noncoaxial copper cable techniques, specialized coaxial cable and fiber optical cable hybridization techniques or specialized compression techniques or specialized receiving devices, and which, because of their basic design, cannot comply with one or more of the technical standards scat forth in paragraph (a) of this section, may be . permitted to operate: Provided, that an adequate showing is made pursuant to [Section) 76.7 which establishes that the public intrrest is benefited. In such instances, the Commission may prescribe special technical requirements to ensure that subscribers to such systems are provided with an equivalent level of good quality service. Note 1: Local franchising authorities of systems serving fewer than 1,000 subscribers may adopt standards less stringent than those in [Section] 76.605(a). Any such agreement shalt be reduced to writing and be associated with the system's proof-ot- performance records. , Note 2: For systems serving rural areas as defined In [Section] 76.5, the system's local franchising authority may adopt standards less stringent than those in Section 76.605(a)(3), 76.605(a)(7), 76,605(a)(8), 76.605(a)(10), 76.605(a)(11), 76.605(a)(12), and 76.605(a)(13). Any such agreement shall be reduced to writing and be associated with the system's proof-of-performance records. 5. Section 76.606 is to be added to read as follows: 76.606 Closed Caationina. (a) The requirements for closed captioning are as follows: (i) As of [90 days following publication in the Federal Register], the operator of each cable television system shall not take any action to remove or alter closed captioning data contained on tine 21 of the vertical blanking interval; and (ii) As of July 1, 1993, the operator of each cable television system shall de{iver intact closed captioning data contained on Dine 21 of the vertical blanking interval, as it arrives at the headend or from another origination source, to subscriber terminals and (when so delivered to the cable system) in a format that can be recovered and displayed by decoders meeting [Section) 15.119 of the Rules. A ~ • • • 6. Section 76.607 is to be added to read as follows: 76.607 Resolution of Complaints. Cable system operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered. These records shall be maintained for at least aone-year period and be available for inspection by the Commission and franchising authority, upon request. Subscribers shall be advised, at least once each calendar year, of the procedures for resolution of complaints by the cable system operator, including the address of the responsible officer of the local franchising authority. FCC Technical Standards for Cable TV Sianat duality 7 NOTE: Prior to being referred to the Commission, complaints from subscribers about the quality of the television signal delivered must be referred to the local franchising authority and the cable system operator. 7. Section 76.609 is to be amended to revise paragraph (d){2), the last sentence In paragraph (e), paragraph (g), the first sentence in paragraph (I r), and paragraph (h)(2), to replace paragraph (i), and to add paragraph It is to read as follows: 76.609 Measurements. R.... (d)(2} By using either a multiburst generator or vertical interval test signals and either a modulator or processor at the sending end, and by using either a demodulator and either an oscilloscope display or a waveform monitor display at the subscriber terminal. (e} • ' 'Alternatively, measurements made in accordance with the NCTA Recommended Practices for Measurements on Cable Television Syslerns, 2nd edition, November 1989, on noise measurement may be employed. . (g) The terminal isolation between any two terminals in the cable television system may be measured by applying a signal of known amplitude to one terminal and measuring the amplitude of that signal at the ocher terminal. The frequency of the signal should be close to the midfrequency of tl~e channel being tested. Measurements of terminal isolation are not required when either: (1) the manufacturer's specifications for subscriber tap isolation used on a representative sample of no less than 500 subscribers taps or (2) laboratory tests performed by or for the operator of a cable television system on a representative sample of no less than 50 subscriber taps, indicates that the terminal isolation standard of (Section) 76.605(a)(9) is met. To demonstrate compliance with Section] 76.605(a)(9), the operator of a cable television system shall attach either such manufacturer's specifications or laboratory measurements as an exhibit to each proof-of-performance record. (h) Measurements to determine the field strength of the signal leakage emanated by the cable television system shall be made in accordance with standard engineering procedures. f • • f R (h)(2} Field strength shall be expressed in terms of the rms value of synchronizing peak for each cable television channel for which signal can be measured. (i) For systems using cable traps and filters to control the delivery of specific channels to the subscriber terminal, measurements made to determine compliance with [Section] 76.605(a)(5) and (6) may be performed at the location immediately prior to the trap or filter for the specific channel. The effects of these traps or fillers, as certified by the system engineer or the equipment manufacturer, must be attached to each proof-of-performance record. FCC Technical Standards for Cable Tu Sianai Ctualit~~ 8 (j) Measurements made to determine the differential gain, differentia! phase and the chrominance-luminance delay inequality (chroma delay) shall be made in accordance with the NCTA Recommended Practices for h~easurements on Cable Te{evision Systems, 2nd edition, November 1969, on these parameters. • 1 • f t M APPENDIX G CABLE SYSTEM PROOF-OF-PERFORMANCE , TEST RESIILTS . .~1,,' u 11:23:19 JRN 4, 1993 ~ CHANNEL ® CSTD) MKR a 4.760 MHz REF -2.4 dBmV ATTEN 10 dB 2.65 dB MARKER PER K N O R M A L d B / MA KER a -4.760 MHz ~ ~ ~ ~ MKR CNT 2 6 5 d B O N O F F M K N O I S E O N O F F MR SB S C F C ~ ~ ~ ~ M A R K E R S @ C 0 R R OFF. MORE CENTER 57.500 MHz SPAN .077 Hz R S BW 30 k Hz VBW 30 k IHz StJ 24 ~ sec 11:2 :44 JAN 1 1993 C ANNEL © C TD) MKR a -3.626 MHz ~r~~~'~ REF - .6 dBmV TEN 10 dB 1.01 dB MARKER PER K N O R M A L LOG ~I dB/ - MAR ER a -3. 26 MHz 1. 0 d B M K R G N T ON OFF : ; ; MKNOI SE O N O F F MR SB S C F C M A R K E R S @ C 0 R R • OFF. MORE . . 1 o f 2 CENTE 3.224 MHz SPAN 6.907 MHz E BW 30 kHz VBW 30 kHz SWP 23 msec • 11:28:41 JAN 4, 1993 CHANNEL CSTD> MKR o 4.479 MHz REF 17.2 dBmV ATTEN 10 dB 2.22 d6 MARKER PEA K N O R M A L LOG I d B l MA KER v : : -4.479 MHz ~ ~ ~ ~ ~ MKR CNT • 2. 2 2 d B O N O F F M K N O I S E ON OFF MA SB S C F C M A R K E R S @CORR OFF-. MORE CENTER 69.500 MHz SPAN 7 026 MHz R S BW 30 kHz UBW 30 kHz SWP 23 msec 11:31:12 JAN 1993 CHANNEL © STD) MKR 4.688 MH u~Ui~rrlt4:a REF -.7 dBmU TTEN 10 dB -1.07 d MARKER PER K - LOG dB/ ..~.A.R. .E.R...B 4.6 8 MHz ~ ~ ~ ~ MKR CNT - 1. 7 d B . O N O F F M K N 0 I S E - ~ ~ ~ ~ ~ ~ ~ ON OFF MA SB S C F C M A R K E R S @CORR OFc. MORE 1 o f 2 CENTER 79.500 MHz SPAN .3 2 MHz RE BW 30 kHz UBW 30 kHz SW 2 msec . 11:34:02 JAN 4, 1993 ~ CHANNEL ® C STD ) MKR 4 .510 MHz 'rt~,~~Yilte,;. REF -1.5 dBmU ATTEN 10 dB -2.02 dB MARKER PEA K N O R M A L LOG 2 . dB/ ~ ..~.A..K.E.R...a - 2. 0 2 d B O N O F F 4. 10 MHz ~ ~ ~ MKR CNT M K N O I S E ON OFF . MR SB : S C F C M A R K E R S @CORR : OF r• : : MORE CENTER 5.500 MHz SPAN 7 10 ~ z RES BW 30 kHz VBW 30 kHz SW 2 e I~ 11:41:11 J A 14 , 19 9 3 ~~~~,~r~r~,c. f~ CHANNEL CSTD) MKR a -4.800 MHz REF 4.4 dBmU ATTEt~a 10 dB 2.80 dB MARKER PER K N O R M A L LOG ...I 2 dB! ~ . MARKER a - 4. 8 0 0 M H z M K R C N T 2.80 dB : ON OFF : : MKNOISE : : ~ ON OFF MA SB : M A R K E R S @ C O R R O F M 0 R E 1 o f 2 CENTER 111.672 MHz SPAN .882 MH~ RES BW 30 kHz VBW 30 kHz S P 23 mse l 11:4 7 :11 J A N 4, 19 9 3 w¦~,~rrltai~ /#i CHANNEL CS7D> MKR a -4.785 MHz REF .4 dBmV RTTEN 10 dB 1.96 d6 MARKER PEA K N O R M A L LOG 2 dBl : ARKER a 1 .9 6 d B O N O F F -4.785 MHz ~ ~ ~ ~ MKR CNT M K N O I S E : ON OFF MA SB S C F C M ARKER S @CORR ; OF F• M 0 R E CENTER 117.230 MHz SPAN 6.000 Hz RES BW 30 kHz VBW 30 kHz SWP 20 m ec 11:35:35 JAN 13, 93 CHANNEL ® fST MKR n 4.26 MHz REF 17.7 dBmV RTT J 10 d6 -3. 5 d6 MARKER PEA K N O R M A L LOG ; 2 d B / MARKE a - 3. 1 5 d B O N O F F 4.261 MHz ~ ~ ~ ~ ~ MKR CNT M K N O I S E ON OFF MR SB : ; ; S C F C M A R K E R S CORR : : : OFF : MORE CENTER 122.849 MHz SPAN 6.873 MHz RES B 30 kHz VBW 30 kHz SWP 23 msec 11:4 7:41 J R N 1 1 9 9 3 ~ui~l~~rWyy ~ CHANNEL ® t TD) MKR a 4.305 Hz REF 28.2 dBmU TEN 10 d6 -2.31 dB CLEAR PER K W R I T E A LOG : : d B/ H O L D A MR KER a 4. 0 5 M H z V I E W R -2 31 dB ; B LAN K A MA SB S C F C T R A C E DCORR A B C• ~ M 0 R E CENTER 128.960 MHz SPAN 6.000~~MHz R S BW 30 kHz VBW 30 kl-Iz SWP 20 msec 11 ~56 ~20 JAN 13. 1993 ,~~~,,,~yW,~, CHANNEL CSTD) MKR a 4.693 MHz REF 24.1 dBm ATTEN 10 d6 -3.13 dB MARKER PEA K N O R M A L LOG 2 dBl ARKER a .693 MHz ~ ~ ~ ~ MKR CNT 3. 1 3 d B O N O F F MKNOISE . ON OFF MA SB ; : S C F C M ARKER S M 0 R E CENTE 135.500 MHz SPAN 6.586 Hz E5 BW 30 kHz VBW 30 kHz SWP 22 msec 12:0 0 0 6 J 13 , 19 9 3 ,y~~„~~y~~,;, /~s CHANNEL CSTD) MKR a -4.663 MHz REF 20.2 d6 ATTEN 10 dB 2.01 dB MARKER PEA K N O R M A L LOG ~ ~4: 2 - dBl MARKER a -4.663 MHz ~ ~ ~ ~ ~ MKR CNT 2. 0 1 d B O N O F F MKNOI SE ON OFF MA SB S C F C M ARKER S @ C 0 R R O F c- M 0 R E 8 P A N• 6•. 1 7 M H z 1 o f 2 CENTER 141 500 MHz RES BW 30 kHz VBW 30 kHz SWP 21 msec 12:03:31 JAN 3, 1993 ~ CHANNEL CSTD) MKR a -4.6 MHz ~~'~'kr~ta~ REF 21.4 dBmV ATTEN 10 dB 2 0 dB MARKER PEA K N O R M A L LOG ,I dBl . MARKER a : : 2. 6 0 d B O N O F F -4.695 MHz ~ ~ : ~ MKR CNT M K N O I S E : : ~ : ~ ~ - : ON OFF . MA SB S C F C M A R K E R S @CORR ; OF c. ; : MORE CENTER 147.260 MHz SPAN 6.000 MHz RES BW 30 kHz VBW 30 kFlz SWP 20 sec 11:51:03 JAN 4, 1993 CHANNEL ® CSTD) MKR a 4.825 MHz ~d~a~?er~~"'~ REF -.3 dBmV ATTEN 10 d6 1.55 dB MARKER PEA K N O R M A L LOG .I dBl ~ . M RKER a 1 5 5 d B O N O F F - .825 MHz : ~ : MKR CNT : ~ - ...:.........:.........:.........:.........:.........:.........:.........:..f.:.... M K N O I S E : : ~ ON OFF MA SB S C F C M A R K E R S @CORR ; OF c• : MORE CENTER 153.500 MHz SPAN 7.018 MHz R S BW 30 kHz VBW 30 kHz SWP 23 msec 12:08:49 JAN 13, 1993 CHANNEL ® C S ) MKR o - .850 MHz W`~"~y~'~ REF 22.4 dBmU AT EN 10 dB 2.82 d6 MARKER PEA K - N O R M A L LOG •I 2 dBt MARKE o • 2. 8 2 d B O N O F F -4.85 MHz : ~ ~ ~ MKR CNT MKNO I SE O N O F F MR SB ~ ~ - ~ ~ ~ ~ : SC FC ~ ~ ~ MAR @ C O R R O F : : MORE CENTER 159.130 MHz SPAN 7.404 Hz RES B 30 kHz UBW 30 kHz SWP 25 sec 12:13:53 JAN 3, 1993 CHANNEL ® CSTD> MKR o -4 548 MHz ~`~"~~rt~''' REF 20.8 dBmU ATTEN 10 dB 1.67 dB MARKER PEA K - N O R M A L LOG ~ I 2 dBl ..~.R. .K.E.R...Q -4.548 MHz ~ ~ ~ ~ MKR CNT • 1 6 7 d B O N O F F MKNO I SE • ON OFF MA SB S C F C M A R K E R S @ C 0 R R c• OF : ~ : ~ : MORE CENTER 165.335 MHz SPAN 6.59 MHz RES BW 30 kHz UBW 30 kHz SWP 2 msec 12e17:42 J 13, 1993 CHANNEL C STD ) MKR o -4 95 MHz "'1~"~~-=~'' 'REF 21.4 dB ATTEN 10 dB .05 dB MARKER PER K - N O R M A L LOG : •I MARKER o : • 2. 0 5 d 6 O N O F F -4.695 MHz ~ ~ ~ ~ MKR CNT : MKNOISE O N O F F MA SB S C F C M A R K E R S @ C 0 R R • OFD. MORE CENTER 171.500 MHz SPAtJ 6.0 0 MHz RES BW 30 kHz VBW 30 M;Hz SWP 2 msec 12:22:22 J N 13. 1993 ~ CHANNEL ( STD ) h1KR a 4 05 MHz u~~t~iarrr~~`a REF 17.6 dBmV ATTEN 10 d6 .63 d6 MARKER PER K N O R M A L LOG ~ ~ ~ ~ I 2 ..Y...:... d B ~ ..~.A.R.K.E.R...a - 1. 6 3 d B M O N O F F 4.605 MHz MKNO I SE ON OFF MA SB S C F C M A R K E R S @CORR OFF. MORE 1 o f 2 CENTER 219.500 MHz SPAN 6.00 MHz RES BW 30 kHz VBW 30 I<Hz SWP 20 msec 12:25:53 J 13, 1993 CHANNEL CSTD) MKR a -4 05 MHz ~~'~~r~'`a REF 21.4 dB ATTEN 10 dB .75 dB MARKER PER K . N O R M A L LOG .I 2 d6/ ~ . MARKER a -4.605 MHz : ' • MKR CNT 1. 7 5 d B O N O F F ; MKNOISE O N O F F MA SB SC FC ~ ~ ~ MAR @ C O R R O F R~• MORE 1 of 2 CENTER 177.500 MHz SPAPI 6 00 MHz RES BW 30 kHz VBW 30 kHz SWP 20 msec 12:37:16 J N 13, 1993 CHANNEL C STD ) MKR n -4 60 MHz i~i~i~rrlt~~:a REF 18.8 d mV ATTEN 10 dB .88 dB MARKER PEA K - N O R M A L LOG .I 2 MARKER a : -4.560 MHz ~ ~ ~ MKR CNT 3. 8 8 d B O N O F F ; MKNOI SE O N O F F MR SB S C F C M A R K E R S @ C 0 R R • OF~• MORE 1 o f 2 CENTER 189.500 MHz SPAfJ 6.00 MHz RES BW 30 kHz VBW 30 kHz SWP 2 msec 14:10:44 JA 13, 1993 ~ CHANNEL CSTD) MKR a .482 MHz ~`~"`~r~~'`' .REF 6.3 dBmU ATTEN 10 d6 2.40 dB MARKER PE R K N O R M A L LOG •I 2 ~ dBl ARKER a 2. 4 0 d B O N O F F .482 MHz ~ ~ ~ MKR CNT MKNO I SE O N O F F MA SB S C F C M A R K E R S @ C 0 R R • OFF. MORE 1 o f 2 CENTE 195.500 MHz SPAN 6.472 M z RES BW 30 kHz VBW 30 kHz SWP 22 m ec 14:14:14 JAN 3, 1993 CHANNEL CSTD) MK.R a 4.702 MHz '~un~rr~~,;~ REF 18.8 dBmU ATTEN 10 d6 1.93 dB MARKER PER K N O R M A L LOG 2 ; dB/ ..~.A ..K.E.R...~ - 4. 7 0 2 M H z M K R C N T ~1 93 dB ; ; ON OFF MKNO I SE ON OFF MA SB S C F C M ARKER S @CORR OFF. MORE 1 o f 2 CENTER 201.500 MHz SPAN 7 070 MHz R S BW 30 kHz UBW 30 klHz SWP 24 msec 14:19:10 JRN 1993 ~ CHANNEL ® STD) MKR a -4.631 MHz '~'~~'~V~"` REF 23.4 dBmU TTEN 10 dB 2.11 dB MARKER N O R M A L PEA K . LOG ; ; ; dB/ MA KER a : : : -4 631 MHz ~ ~ ~ - ~ MKR CNT 2 . 1 dB : ON OFF : MKNOISE : ON OFF MR SB : S C F C M A R K E R S @CORR ; OF F• : : MORE CENTER 207.299 MHz SPAN 6.71 MHz R S BW 30 kHz V8W 30 kHz SWP 2 msec 14:22:25 JAN 1993 ~yi4~~ytUa fy~ CHANNEL ® STD) h1KR a 2. 34 MHz REF 21.4 dBmU TTEN 10 d6 .87 dB MARKER PER K N O R M A L dBr ~ 2 - MR KER a ~ : . 8 d B O N O F F 2. 34 MHz ~ ~ ~ ~ ~ MKR CNT M K N O I S E ON OFF . MR SB : S C F C M A R K E R S MORE CENTER 13.236 MHz SPAN 6.594 MH RE BW 30 kHz UBW 30 kHz SWP 22 mse 14:25:49 J N 13, 1993 ~ CHANNEL CSTD) MKR a 4 65 MHz r~~ar~rrra;u REF 23.5 dBmU ATTEN 10 d6 .83 d6 MARKER PEA K N O R M A L LOG 'I 2 ~ ' dB/ ~ MARKER a 8 3 d B O N O F F 4.665 MHz ~ ~ ~ ~ ~ MKR CNT : MKNO I SE O N O F F MR SB ~ ~ ~ ~ ~ ~ : : SC FC ~ ~ ~ ~ ~ : : : @ C O R R M A R K E R S OF6 : : MORE 1 o f 2 CENTER 225.500 MHz SPAN 6.000 MHz RES BW 30 kHz UBW 30 kHz SWP 20 msec 14:48:31 JAN 1 1993 CHANNEL ~ CS D) MKR a 870 kHz r~`~'e~~~~~''~ REF 22.9 dBmU T EtJ 10 dB -1.13 dB MARKER PEA K N O R M A L LOG - ~ ~ ~ ~ ~ : dB/ MAR R n 8 7 0 H z ~ M K R C N T - 1. 3 d B O N O F F MKNOISE O N O F F MA SB ~ ~ - S C F C M A R K E R S @CORR ~ OFD. : : ~ ~ ~ MORE 1 o f 2 CENTER 2 7.152 MHz SPAN 6.961 M z RES BW 30 kHz UBW 30 kHz SWP 23 ms c 15:07:48 JA 13, 1993 ~ CHANNEL C STD ) t4t:R a - .884 MHz REF 23.6 dBm ATTEN 10 dB 2.20 d6 MARKER PEA K • N O R M A L LOG d B t ARKER a 3.884 MHz : ~ ~ ~ ~ MKR CNT O N O F F 2.20 dB : ; : MKNO I SE : ON OFF MR SB : S C F C M ARKER S : M 0 R E CENTER 243.500 MHz SPAN 6.5 7 MHz RES BW 30 kHz U8W 30 kHz SWP 2 msec 15:11:13 J N 13, 1993 /~v CHANNEL - {STD) MKR a -4. 85 MHz REF 24.8 d6 RTTEtd 10 dB .23 dB MARKER PEA K N O R M A L LOG dBl ~ . MARKER a 2. 2 3 d 8 O N O F F -4.485 MHz : ~ ~ ~ MKR CNT M K N O I S E ON OFF MR SB S C F C M A R K E R S @ C 0 R R O F F. M 0 R E CENTER 249.500 MHz SPAN 6.000 MH RES BW 30 kHz VBW 30 kHz SWP 20 mse 15:20:31 JAN 3, 1993 ~ CHANNEL ® CSTD) MKR n 2.804 MHz REF 11.0 dBmV RTTEN 10 dB -1.72 dB MARKER PER K N O R M A L LOG ~ ~ ~ ~ : : 2 dBl .:.........:.........:.........:.........:.........:.........:...~~:f MA KER n 2. 04 MHz : : ~ MKR CNT - . 7 2 d B O N O F F MKNO I SE O N O F F MA SB ~ ~ ~ ~ ~ ~ ~ : SC FC ~ ~ ~ MRR @ C O R R O F D KE : : ~ : : : : : MORE CENTER 255.500 MHz SPAN 7.099 MHz R S BW 30 kHz VBW 30 klHz SWP 24 msec 15:23:29 JAN 3, 1993 CHANNEL ® CSTD) MKR 3.340 MHz REF 18.6 dBmV RTTEN 10 dB -2.62 dB MARKER PEA K N O R M A L LOG ; ; ; ; I 2 dB/ ~ - MA KER n ' 3. 3 4 0 M H z M K R C N T - .62 d6 ; ; ON OFF MKNOISE ON OFF MA SB' ; ; ; S C F C M A R K E R S @CORR ~ ; pF6. MORE CENTER 261.500 MHz SPAN 7.14 MHz R S BW 30 kHz VBW 30 kHz SWP 24 msec i 15:27:48 J N 13, 1993 ~ CHANNEL CSTD) MKR a -4 00 MHz .REF 20.2 dB ATTEN 10 dB .64 dB MARKER PEA K N O R M A L LOG ~ : d6/ : ..M ARK.~.R...Q 1. 6 4 d B O N O F F -4.500 MHz ~ ~ - ~ MKR CNT MKNO I SE ON OFF MA SB S C F C M A R K E R S @CORR ; : ; OF~• : : MORE CENTER 267.500 MHz SPAN 6.000 MHz RES BW 30 kHz VBW 30 kHz SWP 20 msec 15:39:27 JAN 3, 1993 ~ CHANNEL ~ CSTD) Mf:R a .630 t1Hz REF 20.6 dBmU ATTEN 10 dB .79 dB MARKER PEA K N O R M A L L 0 G ~ ...:.........I dBt : ~ 2 M RKER a 9 d B O N O F F - .634 MHz ~ ~ ~ ~ MKR CNT MKNOI SE : ON OFF MA SB : S C F C M A R K E R S CORR : OFF M 0 R E 1 o f 2 CENTE 273 506 MHz - SPAN 6 785 MHz ES BW 30 kHz VBW 30 kHz SWP 23 msec 15:43:20 J N 13, 1993 CHANNEL CSTD) MKR a -4 10 MHz REF 13.4 dB ATTEN 10 dB .67 dB MARKER PEA K N O R M A L LOG ~ ~ ~ ~ ~ : = 2 ~ . d6/ ........:.........:.........:.........:.........:.........:.........:.........:..•••1i. MARKER n 1 .6 7 d B O N O F F -4.710 MHz ~ ~ ~ ~ MKR CNT MKNOI SE O N O F F MA SB SC FC ~ MAR @ C O R R O F : : MORE 1 o f 2 CENTER 279.500 MHz SPAN 6.00 MHz RES BW 30 kHz VBW 30 kHz SWP 20 msec 15:45:58 J N 13, 1993 ~ CHANNEL CSTD) MKR a -4 55 MHz REF 22.3 d6 ATTEN 10 dB .34 dB MARKER PEA K . N O R M A L LOG ~ ~ 'I 2 .....n.. d6/ MARKER a - 4. 7 5 5 M H z M K R C N T 1.34 dB ON OFF MKNO I SE - ON OFF MR SB S C F C M A R K E R S @CORR ~ pF,c-. MORE 1 o f 2 CENTER 285.500 MHz SPAh1 6.000 MHz RES BW 30 kHz VBW 30 N;Hz SWP 20 msec 15:56:13 J N 13. 1993 fja CHANNEL CSTD) MKR a -4 60 MHz REF 14 5 dB ATTEN 10 d6 .78 dB MARKER PER K N O R M A L L 0 G ~ ~ ~ dBl ; : : MARKER a -4.860 MHz : ~ ~ ~ MKR CNT • O N O F F 2.78 dB MKNO I SE ; ON OFF MA SB : : S C F C M A R K E R S @CORR ; OFc M 0 R E 1 o f 2 CENTER 291.500 MHz SPAN 6.000 MHz RES BW 30 kHz VBW 30 kHz SWP 20 msec 15:58:59 J N 13, 1993 ~ CHANNEL CSTD) MKR a -4. 75 MHz REF 16.8 dB RTTEN 10 ciB .96 dB MARKER PEA K N O R M A L L 0 G ~ ,-:~.....:.....V .........I d6! ..~.R.R.K.E R...~ -4.575 MHz ~ ~ ~ ~ MKR CNT • 1. 9 6 d B O N O F F : : : MKNOISE ON OFF MA SB ~ : : S C F C M A R K E R S @ C 0 R R O F F. : M 0 R E :CENTER 297.500 MHz SPAN 6.000-MHz RES BW 30 kHz VBW 30 kHz SWP 20 msec 14:56:15 JAN 1993 CHANNEL STD ) ?~~~urr~?i,;. ® MKR a 3.623 MHz REF 24.8 dBmU TTEN 10 dB 1.81 dB MARKER PER K N O R M A L LOG dB/ MAR ER a -3. 23 ~ ~ ~ ~ MKR CNT 1. 8 d B O N O F F : MKNO I SE O N O F F MR SB SC FC ~ ~ ~ MRR @ C O R R O F c. : MORE CENTER 03.500 MHz SPAN 7 283 MHz RE BW 30 kHz UBW 30 kHz SWP 24 msec . ' , v o.~ ?'e s 7' tad ~~v ~ ~V 2~ 1 Ea S fi~ 13.18.50 JAN 15, 1993 i#~ REF 32.7 dBmV ATTEN 10 d6 MARKER PEAK ............._....................................p.............1.~ NORMAL ~~yy Mf1R{EER ~Br .~~~",'rJ..~..~ ..........................U~~~~~~. DELTA . MKR CNT 1 ON OFF i ~ MKNOISE ON OFF MA SB SC FC MARKERS CORR OFF ' MORE 1 o f 2 CENTER 186 .9 MHz SPAN 292 .1 MHz #RES BW 5 MHz VBW 3 MHz :~bIF' ::Fi m~~e~c: API>ENDIB H SERVICE CALL SIIMMARY 1992 A'c're takini; trle~•i;ion into tomurroFti. TCI Cablevision of the Rockies, Inc. TCI CABLEVISION OF THE ROCKIES, INC. Summary of Complaints Received Town of Vail - 1992 Drop or hardline cuts by outsiders 227 , Fitting or Sputter problem 349 Hardline or Plant problem 142 Converter exchange (remove or add) 112 TV set /VCR /Customer Equipment 84 Customer Orientation 104 "OK" Not home when arrived - OK outside 157 Traps removed or replaced 96 Prewire by home owner is bad 43 Unauthorized hook-ups 6 Other 175 Total Service Calls 1495 P o dr,. a~~ C14~. '!~tca,t Fond A•ion C7iUrtrUp ~1r,~G 1:103r y49 °i:13G FAX 1.1031 9.19~yt i8 An Eil„;il ppp,irtcna; f..n,;• ver I AY'YE~9;~ ;~OR~,TION , LpCAL YRpGF`'ZRG f ` r L ~ • , '~''~I n! I T E-LvLF~> st.1E::'•.'r`r '"(]F' FIAI IhJf l . :':i , '',III '•~;~,I.LE".Y '~(]I1M1_InIITY TE?LE-VI~-~ICm1 0/:~:3i'~1 ~ . )r, ,T~.nuar w I =i 1 . r,i i~tit-+tr~est i~~n 4aurvey, s~r::~r?~,~-~i-ed f,y. '.'-~11 ~'d11F?V I..•~-.:;~rrrUr"ill." ~I~lE`v1S1Grl, 1=hannel Wr.'i5 inserted ~+;t~~ Ilr'~rit~~llP ~-r,hl.r•~,isi~.~n'c> me+n'khly bill. Tl~r~ r eslllts of t.ltr-. =~_rrvey nr.rr~~ tic~n~; are ati foll?:~ws: + +~r~r~r~,•.im~-11;~ #t ~'~f' liaritacle ssubscr ib~^r's: 2i:?,riC?ii I,I+~mher ...f s+.+r.c.•~.'~, rr~t~.rr tread tea UVI~1'V: 11r:r ~_~t ~ l_ItJ'~r`Y 7t,1->~ Y'Fr~l y IIIC]>; iX ~:'I:IF.ST i (IPJ 1 : 7. y<.-~r_r r' e~_ e i vF~ Ch ar?nel 20 where v~'~r ~ 1 i ve I'..'`..r ,t,~:~; '=f NU 1 I)ON' T I~:Ni_iW (:•!I("STTC)IJ II~~w cii+l y~~r.l learn abc~l.li; C:I,ann~~l :3" • C1PJ I V I .3 IiY WOf'L) OF' MOLITH 1 : Ei`r t~IE:W SF'AF'LF=: &Y F:AD I O l aj UTHEF; i11.!F'TIClh•I Ilr~~ v~-,~.r ~-+w~~re i;hat Channel i3 is a ul.rhl. is access ~t i•:,rr anti that individt_rals ~~nra c~rUani at icros ~,r•,rilic:F' i,r~.,grammir,q f~_~r air free ••f charge:'' `r F- , a:i N(7 IVU f~1fJ~41F1=' ~llil::;11'f11u ~T: !I•~,., ...ft~~n dc, y•~~.~ watch Channel. r~~- I1Cll_IF:S/WFEk; li:? ~_J i~l~?L.IIT::1i/WF..E":I; 1 . 1 Hrll.]r~:S/WEEK 1 ir_r.+ I IOI.IE~'c/WEEt-; i:~I~F=STIOhJ 4~1,at, r~r'~~car~,ms d+, v~.~~l watch w~n ~.hanrrel ~_3'~ I I::: 17.. Y r~.[7UNC I L MF ET' 1 hJ(aS I I VA T L. VALLEY SUNI)A1'' I:~hti lei :iF'OF? l ~a' _ r:; F;1~+?JLT H01=•1:FY F~.;~ ALT'ITllp(~ SII~:N;NE:SS, k:II)S h,Hr~WS. AEF:OAIGS, F., E~r..-il._.f.-_ r~1I NF /ENV I fiOlJl•IEN TAL, F't_A'Y ~~3 i F:Er~: I TALS, Ws•:iiTHE:E~: i~-,h real l v':') .l F,:+r I?F1NANf'iS, t=•UON; I I~It3 SHOW, FrF~:F~DSHF~W SERIES, E';f: r=aC=.1 i F''AP., T'(, IwONGf F::TS, FUF~L. I r~: F:f~D I O, I':OI 1h1lJN I TY EVENTS I tJFOF:MAT I UIJ I!i~I:~T tC.11d f~: 1, 1i~:;~i; p, r::~c~ramming w.~,ulti you life t.+:-, see •-.n i i „-~nr~e i i l.Cll.':nl. I~IEW5 and AGTIVITIE'~iiE'VENTS F:? I'fl)'JIk:S ar-+ci STr~TUS :?L10 (1 il.e i~Jr. 2? now) f ~ .r C.(if.)I; I IJr;, MOF;E t.VEIJTS I PJ1-1.)~•I''I(1T I (71J ? E i 1F°.I~ i?Jt,;{._TTY' r r, SCEIOOL F"'JF~PJTS 1 f~.~r r1lJ:~IC, nr--'F?ES ;";{;I, WE:A'T'll`F.:. ISSUES NA TI IF•E . I_ F;hROSSE, F'OL I T I GAL, E~:: I t)S, h1Uf`:E +;i~•.i+u.;~_c~. iT:C~!__~il:.E_ +:.N. ::;a i~111I1 ii.iXr'r (_~~.tr:~?T.Ir..~l`d 7: ~=ilJ+`tll~°~{.1~?11~ {~~Y 1(IVI11V11'IQ the C~~(ItlitLU11{:y I11~~Yf? In ~11_lf~l c3+'i°E?55 tEleV151C:~fl ' I i.N: r'~L. NEB WSt' ~'t5T b1F"' F'E U~~,E'l_E SS DOt J' T CaO TF'1F=1= I. F ~ I•Il~h:: T Nt3 F'LIF~L I 1~ AI:::I-:ESS F1VA 1. I . /1F<I F_ W I THUUT t_.F11-+L~ (c~li r rea l 1 y? ? , HE 110F'F F'~:OF f"SS I ONAL, ' F1F'i"'F'FNTIC:SHIFS WITH k`ID:i, SIMf='1_1F'Y FF'll!"FnUF'SS, COVET: MC!F;E EVEIJT:~. SI:_IJD OUT it f F f1l:iRnf1M 1 P•9t~ LIST, MOPE WOR1:5F1C1F'S : (.~UI~STT(]rJ S: r:)r. ~ ~tn~{: i,-,tt and In~_~.~me ~1 1 F'F:i iF F:.`.-iS l L)Nnl.. 31 SEF,'V I f_' F~ 1 ~ SALES CiF r I t: f: SEL.i-E_hIF' . F:ET I FiED <:1 ~ .1. ~ ~ - ~ ~~_t ~ ~:~Ct~~ .37 ~~ta-.:}ia, t~lt ~t i f~~R- 9.93 TUE 10;14 Town of 4~a i 1 _ FRX • 1~0, 3C34792157 P. 01 - R~C~~ - t 199 February 25, --1993 post•It'• brand (ax transmittal memo 7671 ~aofPagas ? ~To C~, ac P/G/?/CK F?om LRRR,~ t SKw~T H 1 Mr. Larry Eskwith ~eP( Phone, Town Attorney Faxa - Faxr jai y99 a~o7 7 5 S . Frontage Rd . ~ - ! ~ >.31 7 rr 3° ~ y ~ 9 • f 7 Vail, CO 81657 Larry: , on behalf of our Board of Directors, I wanted to reiterate our interest in the Town's franchise negotiations with TCI and Tri~County Cablevisivn. I'll be in contact with you soon regarding a way we can stay informed during the course of the negotiations. zn particular, we'd like to have an opportunity to meet with the cable consultant regarding 4 key issues of negotiation as defined by our Board; Live Council feeds, capital equipment grants through the life of the new contract. 3~ of gross billings. Revenues from Beaver Creek and other unincorporated areas. Larry, Yam enclosing some examples of several successfully negotiated contracts with respect to public access. i In the meantime, we look forward to assisting you, Ron and 1 the Council in negotiating a contract tihat will be of benefit 1 and value to the community. { Please contact us if we can pXOvide you with any statistical information regarding our 10-plus years of service to the Vail valley. Sincerely, ne Silverthorn Executive Director { Enc. cC: Bx'ian Ha11 ( i i 14AR' 9-93 Tt1E 10;14 Town of Va i 1 FRi~ N0, 3034792157 ~f. the necessary rinse to put ttrgethcr art equipment pack ""'''s' ate mtd sclera and renovate a facility. Please note that cat>ital can not t>c use4 fur aperaung c osts but operating , Trleks-of- trtancycanbt:ustdtort:aplralcases, ~ ' ' Operating wed Capltai Costs a ~ • the-Trade QpcraUng urd capital packaLia vary greatly. Capital is ' ' , not just fur video equi{anent but will he needed foe ~ ,l.r~•,. At video compretslon oflire funtiture, once equipment, dcstgn of equipment ~,t , ~ ~,.1 Kt , rte •••ir•. 1.. ~ technology becomes more package, Installation o(cqulpntcna, and design turd reta + w. prevalent, your "channel" ovation of p facility. To give act i~lca of ranges from 1 •f ~ .sy,• set asides for PEG access which you can make apprvlrriate talculaciurts here aft ' ~ ' , ~ ~~r. may {ose some of their lus• several examplCS o(sut:cesskdly nt gutiated CnnUact6. ~ ~ ~ ter as the cable company Amherst, Massac u 18'k ~e ~ ~ Y r• , h setts t v~iL,: compresses 6 channels Into NottprofitAccessGroup: Mt,herst Community : ~,l•~ ~ k~i'r~r;~~~? one 6 megahertz band Tchs'islnn ' ~ ' r •r ' width slot, Smart ne oUa• s;•• .y t 9 C2hleCantpany: 7imesAlirn,rl f)imension :`1 w r.,1:,~., :~s-..,, tors will frcure a errant o1 avallebte Ircquenry to>r•• Substtibcr BabC: 5,5V>u at lime ofreneSra) • Actrss. to other words don't l,ettgthotContracl: IUycars, 191Ui•199G (;(;NNAItGAIt,COpEN t+sk !nr 6 access channel+ ark Camlralry'S Gross Revenues: S1 a4nlLUuU (approx.) for 3b megahertt of fro Anuual Operating Funds: 5?. of t;rna~ fapprax. ' quency or 1 S% of ell arall• S?lt,etGO in 19tu+) Channels. able lrequenty on the sys- Capital Grant: S371,U(1U(S11)U,ttUtl equip., 1'he nutntscr of channels, cable drops (ar cite uti};in.~ tem. Then you havr the S4d1.UUct upgrade, lion at prngrarntning at organizational, guvernrnt•ntnl. opllon to compress slgnah SI5l,lXtrtfarility) pod eductrtionalsites, suet thf Internal wltin~+ and inter end add more access than- A~ressC;hannels: lt-public, lducalional, connactinn of schools need to be considered. AF:u you nett or other dlstrlbutlon 1• Ci,vrnunt+stafl rt~ll want to constdet ncgollaling foe a number of tnudt~• channelt, Inters G+r acccsstng (hose drops foe lire cablccastin{; > organf:e and lustlfy your Salina, Namar Numbers of t:harsptas and drops vary - laol Into nc;+rh}• "laundry not'' of nteds for Nonprofit ArcessGruup: CumutuniryAccess systems. tt is bettta to get one or more ezchtsive rh;a,• access during renegotta• ~~elcvitian of tialina nets than shared channels. There ue pravlciuns Ih:tt rrn tlon:. tlemember, you nerd C.ahle(:ontpany: ft~l be added to tit(! contract to trigger additional charm It 5uhccriher Base: 161tUU as the programming need aristts. something on the table that I ength al Contract: IS ye~rt• 1Ar12 •lUUl you <an give up t! you hove r~n,pany'S Gross (icve,utct: 5•l.G~,tt.U(xt (approx.) The Negottatlort profess lo. Some things asked for Annual Opcrathtg FunJ.: :w, n! t:nra< < SU.6U per N"r`' to the snare camtrlcx issue of haw in h;tvc a and received Include, blh s„h. per month increasing ccsstul ttegotiatlon nr renewal process. Yau must: flutters about access, lot:al > [ducate. inform, uestinn, attd articathite at >anre pcrcemagc as q ad evans, stall positions, increxsesinha,ictale > Idcttlf(y the future at:CCSS needs attd Interosl~ "~f loan equlpmcrtt, excess to (Approx. S2Uti,(agin 19921 yaurcanununity the lnstltutlonel network, Capital Grant: ilsct ~xtA+ Sth and ]l)th > fluild a strong cnmmunfly bast t modulators, vans,. engineer yrar rc~icw(or rtare, > t:rcatt: a strung position from svhieh negntiatiunc Ing asrlstance, new+pepcr hace,l an evanrrunlty laY.e place ads about access, microwave nec,ls, + St~dt,UOn hand > prepare presernatlons (ur public hearings equipment, fiber Intercon- tar special circumstances > bcvelup a record of needs and uses netts, etc. in the rnmmuniry Gu inert nrgatiaUons with as Wroth lntnnn~ti,:i, ..x r Other then the unlikely Access Channels: 1 [?xi.lusive PE•G Channels possthie. It you have the opportunity, try to get p~''~ptc opllon o! dental, your most h'o[e; Tfreriryisrrothdfngfi,511(1-T,(N)Usrputrrjert inv,dvrd..n the nefiuNatimt team svha are expericnirrl potent point of petsuaslon jrrranrf utifirirs jureitenaras jniilrty, end understand cable and access. Cai;le advi;,,ry Is the I<ngth a duration of ells are utet:n t:harged otitis die sespnn5ibility to hr the the I?anthlse. The industry Tucson, Ancona negotiators. Keep a positive dialogue frith chi. tc~in. Nonprofit Access Group: "1'ucsmt Cunuuunhy Cah1r tnfnnn Ycntrsrlf, the neg~stlating team, and the c~unrnu• wants long franchises for Carer pity of scleat is possiUle In obtain in a contract. Keep creditors and security. You hart the opllon to grant a Cable Catnpany: Unginally C.axCahle ct+tnmunicatlonsopcn u~lh ntunicipal nf(icia}s prior u,. frenchtse far 3 years, so In Subscriber Rase: Ntr+' Syatcm In 1981. during and abet the process. tffett, the day you sign you 19lta=:l7,UtKt, 1991=74,000 Knuty what you worst foe access. lies aCCesc pnrc„i~nr length of Contract: 15 years,191?1.1995 into the neg~~tiatian truly on and as a ptiorit}~ • root et the are Into renewal again. Cnmpany'sGrnss Rcccnuts: 14ft•1: St3 m(llinn, )991: rail end. At1ow plenty of time. Develop a IU year plat: Don't go over fire years Sett rnillirro artd turn that into Contract provisions. Cuusult with col unless you get everything A,,,,r,alt)pcr6tingFttftds. h,rt4•an: S55g.000+ {agues in other ton~ts and t:itic6 svho hoer dealt ui•!t you want. S1ryU,t1U(Igrlnt5 furusers, ttte same t:ahlc cnntpany. find out wl:al ;tlrprr~a• Ise, -DI?M Koning u, in,:rea;e by 5%per year ]cave ssorkcd anti which have nut. Find out srlt,,t ~•~~ur Capital Grattt: 31.:i milliutt (SGOO.OOU: ter cable t:ompany Is doing In hs mhcr systcm~. 'I l„• C:,t equip.,S70(t,Upn: facility) Eact Rook lids the difirrent operators and rah, n• ti„•; Access Channels: 13:f4•?trhlre.s•~ducational, havr sysectns. find out what atherc communities In y~ 4 fRivrrnmcnlrJ, I •Attsl area. (n your state anti other states arc gcttinb• k APPENDIX J " INTRODUCTION OF FZBER OPTICS INTO TCI'S CABLE SYSTEMS , E~. ~Lt .TELE~C®MMUNICATI®NS,INC. ~ CONTACT: Gary Quackenbush/Matt Kresch Neale-May & Partners (415)326-5555 Lela Cocoros Tele-Communications, Inc. CTCp (303)267.5273 FOR IMMEDIATE RELEASE: , TELE-COMMUNICATIONS, INC. (TCI) ACCELERATES ITS FOUR-YEAR, $2 BILLION, NATIONWIDE FIBER OPTIC ~ONSTRU~. t SON PROJECT Company Spending in 1993 Set at $750 Million to Build '"I'l~e Infostructure Network,,.," in Mare Than 100 Cities ENGLEWOOD, Colorado (April 12, 1993) - Tele-Communications, Inc. (TCI), (NASDAQ:TCOMA/TC~OMB), today announced plans to accelerate the upgrade or replacement of its backbone coaxial cable facilities using fiber optic cable over the next four years at an estimated cost of more than $1.9 billion. The new fiber systems will pave the way for an entirely new era of h.igh- capacity lightwave communications and innovative customer options -many of them interactive while improving TV picture quality and service reliability. Work in 1993 alone will impact some 28,000 miles of TCI's plant, creating employment opportunities for a variety of local vendors and contractors coast to coast. Of this total, some 7,000 miles of fiber cable will be installed. Each cable contains an average of 24 fiber strands, resulting in a total of 168,000 fiber miles to be constructed this year. MORE nn e~i,,.r o~~~H„r~,,..n' TERRACE TUWER II Pusl Office Box 563U i „y,c,r, 5619 DTC Prul~way Dr:nver, Colorado 8u'17-5Ga0 Englewood, C;O 80 1 1 1-3000 (3ua) 267-5500 TCI National Fiber Construction Proiect ...p/2 Construction of TCI's 21st century communications infrastructure, which the company has named "The Infostructure Network„`,", will involve expenditures of $750 million in over 100 U.S. cities during 1993 alone. This project will be extended to include more than 250 cities, towns and counties by the end of 1996. "The Clinton Administration has proposed a $17 billion, government- coordinated, communications infrastructure development plan that would build a two-way information superhighway of fiber optic cable across America," said john Malone, President and Chief Executive Officer of TCI. "All agree that private enterprise must pull the strongest oar in meeting this need. 'The Infostructure NetworkT~' program announced today is a major step toward realizing this goal. TCI is proud to be a key player contributing to this national priority," Malone said. This project has already begun in four company-designated regional "super hubs" including: Pittsburgh, PA; South Florida/Miami, FL, Denver, CO, and the San Francisco Bay Area, CA. Four additional hub conversions are scheduled to begin this year in Chicago, IL; Hartford, CT; Salt Lake City, UT and St. Louis, MO. This effort is also underway in many other communities across the nation. This technical upgrade process will quickly expand across the country. TCI estimates that 90 percent of its 10 million customers will be served by the new networks by 1996. "We believe this project is the largest private sector telecommunications undertaking in our nation's history, considering the number of. customers involved and the relatively short time frame;' said Brendan Clouston, Chief Operating Officer of TCI. MORE TCI National Fiber Construction Ptoject ....p/3 "Fiber will greatly increase t:he number of viewing choices available to our customers and is critical to the interactive future. It will give them more personalized control over their TV service. Fiber. also increases the reliability of our systems, while reducing outages and improving picture quality in the home;' Clouston said. More Customer Choice and Potential New Services This advanced network will b~e the delivery platform for a wide range of new, interactive services to come. These new services will include interactive educational programming, multiplexed movie offerings, enhanced shop-at-home options, mass storage, data transfer and computer software delivery, cable commuting, a range of new "niche" programming services, many more sporting events and ultimately, an expanded array of on-demand television services. Digital Compression The company's decision to deploy digital compression (announced inn December 1992) coupled with th,e system upgrades announced today which bring TCI's systems up to the 750 Megahertz (MI-iZ) throughput level. This will give TCI the capacity to handle virtually every advanced service customers may want well into the next century. Today's average 450 megahertz cable system typically carries 54 channels of analog TV programming. With digital compression, this total could ultimately reach 500 channels or more depending upon customer demand for the new, optional services. MORE TCI National Fiber Construction Project ...p/4 Advantages of Fiber Optics "Fiber gives us the added advantage of being able to transmit undistorted TV pictures over longer distances using less transmission equipment and fewer satellite earth stations and headends," said Richard Rexroat, Vice President Engineering for TCI Cable Management Corporation, the company's domestic cable operations subsidiary. "We also gain the ability to reach the~gigahertz level (one billion bits per second), essential for high-speed computer traffic and other large-scale data transfers." A billion bits of data per second is equivalent to sending 60,000 pages of typewritten text over a network in just one second 100 times the amount possible on non-fiber telephone communications systems today. Fiber/Electronic Component Cost Reductions In planning this project TCI capitalized on the fact that the cost of fiber has declined 11 percent since 1990 while the cost of associated electronic components has also come down by 40 percent in the same period, making it more economical today to begin a systemwide reengineering project than at any other time since the dawn of the lightwave technology era. Tele-Communications, Inc. is traded in the NASDAQ market with Class A Common Stock and Class B Common Stock trading separately under the symbols of TCOMA and TCOMB, respectively. In addition, the company's Liquid Yield Option Notes due 2008 are also traded in the NASDAQ market under the symbol of TCOMG. xxx AppENDS1~ R 'CTAgL ,~AgLE SYSTEM 1992 F=NAT~ICIAL STATEMENT tii'rt tal:ia~ telci isic~n lnf0 t,inrn~ruu: _ _ ~ - "s~ ~o - y 3 - Post•It'" brand lax transrr~ittai memo 7671 ~ ~ o~ Pa4ds ? TGl CENTRAL, INC. To From t . s~, C~Rt, Pr[KfcK L`,R.R y .~kW~r~' Co. Taeec~,eniv:l~c~iTi~~d~ Co. .T.ov /h 4n; C.r.:FA Depl, - Plwne tl „j~3•y~~•~147 April 26, 1993 Town of Vail Vail, Colorado Dear Sirs: I have reviewed the attached unaudited balance sheet and Statement of operations of Cablevision VI, Inc. (d/b/a TCI Cablevision of the Rockies, Inc.), Vail, Colorado system. These statements were accurately prepared from the books and records of Cablevision VI, Inc. I am not independent with respect to the accompanying financial statement and thereby, express no opinion on this unaudited financial statement. Sincerely, Cablevision VI, Inc. . ~~r~!~ Scott E. Hugel Executive Vice President Enclosure SEH/kc 4700 Louth :yracuss P;r:±way Suite u00 Donvvr, CO~JiDtl~ t~l:~s7-:7~? (307) 2Fi7.4200 Fnx 0031 ?s~-4299 Rn Equal ^pp,,r;urr.'ty Er,)~IO~'L'i I~HY-1 U-93 I'lON ] 4 ~ 2l Town o f Va i I FRX N0, 3034792157 P. u2 CABLEVI:iION VI, INC. d/U/a TCI Cablevia:Lon of the RoCkiee, Inc. Vail, Colorado System Financi~il Statement9 For the year ended December 31, 1992 (Unaudited) -~'iHY-1 C~93 i'i01~ 14 : ~ 1 Town o f Va i 1 FHX N0, 3034792157 P, 03 CABLEVISION VI, INC. d/b/a TCI Cablevieion of the Rockies, Inc. Vail, Colorado System Balance Sheet flecember 31, 1992 (Unaudited) j~esete Cash $ 6,229 Tradz and other receivables 43,666 Less allowance for doubtful receivables 5.620 38.x46 Prepaid expenses 1,226 Property and equipment, at coat 2,786,?79 Lees accumulated depreciation .892.116 894 , 663 Franchise costs 4 016,037 Less accumulated amortization 424,92b 3.591.111 Other assets 1.015 $5,532,290 Liabilities and Parent s Investment Accounts payable And accrued liabilities $ 155,112 Parent's investment 5.377,178 Commitments (Note 5) $5,532.290 See accompanying notes to unaudited financial stateaiente. r MRY-10-93 LION 14 ~ 22 Town o f Va i I FAX PdO. 3034792157 P, Oq CAHLEVISION VI, INC. d/b/a TCI Cablevieion of the Rockies, Ync. Vail, Colorado System Statement of Opezations For the year ended December 31, 1992 (Unaudited) Revenue: Basic and expanded basic seY•vice $1,707,459 Premium service 233,628 Rental income 75,196 installation income 67,881 Other income 127,193 2,211.357 Operating Coats and Expenses: Operating expenses (Notes 1 and 2) 505,034 Selling, general and administYative expenses (Note 2) 584,785 Depreciation 213,156 Amortization 95.310, x.398.285 Operating income 813,,072 Other income (expense): Interest expense to parent (Note 2) (433,407) Other income (Note 3) 24.Og8 (409.3491 Net income before income taxes 403,673 Income tax expense (Note 4) 1137,249) Net income $ 266,424 m•========n Sea accompanying notes to unaudited financial statements. MAY-1 U-03 f~Ofd 14 ; 22 Town o f Ua i I FAX N0. 303A792157 F, 05 CABLL•'VISION VI, INC. dJbia TCi Cablevision of tine Rockies, Inc. Vail, Colorado System Schedule of operating, selling General and Administrative Expenses For the year ended Dece/nber 31, 1992 (Unaudited) OPERATING EXPENSES: Programming costs - CATV $ 171,191 License fees -Pay TV 112,769 Technical salaries 188,078 Contract labor 5,916 Maintenance and operating materials 24,750 Pole rental (Note 5} 2,020 Other rental 3,854 Service power 5,081 Vehicle expense 22,225 Equipment repair 3,340 Other operating expenses 3,154 Construction costa capitalized 137,3441 Total Operating Expenses S 505,034 SELLING, GENERAL & ADMINISTRATIVE EXPENSES: Office salaries $ 101,210 office supplies and expenses 26,328 Telephone 8,909 utilities 6,845 Office rent (Note 5) 31,261 Postage 14,525 Pay TV costa 2,395 Marketing costa and public relations 48,934 Employee benefits 21,867 Travel 8,466 Bad debt and collection costa 9,874 Payroll and general taxes 37,918 Franchiee fees 101,795 Copyright fees 31,164 Customer billing costs 19,460 Other general and administrative expenses 5,038 Division overhead (Note 2) 36,889 Administrative services paid to TCI (Note 2) 71,907 Total Selling, General & Admin. Expenses S 584,785 See accompanying notes to unaudited financial statements. I~AY-10-93 h10N 14 23 Town o f Va i l FAX N0, 3034792157 P, 06 CABLEVISION VI, INC. dib/a TCI Cableviaion of the Rockies, Inc. Vail, Colorado system Hates to Unaud:Lted Financial Statements (1) Summary of Siunifi~aTtt Accaunl•inq Policies (a) Organization Cableviaion VI, inc., d/b/a TCI Cableviaion of the Rockies, Inc. ("TCZ-Rackies") owns tlhe assets of several Cable television systems within the states of Colorado, Hiseouri, and Iowa,ineluding those of the Cable television s!~stem located in Vail, Colorado. Cableviaion VI, Inc. is wholly ownE3d by Heritage Investment, InC., an indir~act, wholly-owned subsidiary of Tele-Communications, Inc. ("TCI"). The books and records cif TCI, including TCI-Rackies, are maintained in a manner conaiaten~t with its financing and internal operaCing needs. Within such books and records, the operations of certain syeteme (or groups of Systems) are maintained separately in order to internally evaluate the results of such operations. The accompanying balance sheet and statement of operations were pYepared, by necessityn using estimates and allocations for Vail and several nearby communities. These financial statemerite are reStriCted to the internal use of the Town of Vail, Colorado only. oue to the aforementioned, the accompanying financial statements do not purport to be indicative of the financial position and the results of Operations that would be reported for the cable television System in vail, Colorado had its books and records been maintained separate a?-id apart from other cable television syeteme owned by TCI-Rockies. (b) Property and HauiUment On the books of TCI-Rackies, property and equipment is stated at eogt. Construction costs of the cable television system, including interest during construction and applicable overhead, are capitalized. Interest; capitalized was not material for the year ended December 31, 1992. Depreciation is computed on a straight-line basis using estimated useful lives of 5 to 1:5 years for the cable di$tribution system and 3 to 40 years for support equipment and buildings. Repairs and maintenance are charged to operations, and renewals and additions aro Capitalized. At the time of ordinary retirements, sales, or other disposition of property, the original coat and cost of removal of such property are charged to accumulated depreciation, and salvage, if any, is credited thereto. Gains or losses are only recognized in eonnect,ion with the sale of properties in their entirety. (c) Franc}~ise Coate Franchise costa include the difference between the coat of acquiring the cable television system and amounts assigned to its tangible assets. These amounts are being amortized On a straight-line basis ovar 40 years. Covets incurred by TCI-Rockies in obtaining franohises are being amortized on a straight-line basis over the life of the franchise. (continued) i 11HY-10-93 1101! 14 ~ 24 To n o f Va i I FAX N0, 3034792157 P, 07 CABLEVISION VI, INC. d/b/a TCI Cableviaion of the Rockies, Inc. Vail, Colorado System Notes to Unaudited Financial Stetep~ente (2) Transactions with TCI TCI-Rdckiee has a management agreement with another subsidiary of TCI whereby such subsidiary's management provides administrative services and has assumed managerial responsibility for Certain cable television systems' operations and construction. As compensation for these services, Tci-Rockies waa charged for certain overhead and administrative expenses on a per subscriber basis. Charges under such management 8greement relating to the cable television system located in Vail, 'Colorado in the amount of S10a,796 are included in selline~, general and, administrative expenses in the accompanying financial statements. TCI-Rockies purchases certain pay television and other programming through another TCI subsidiary at TcI's cost. Charges for such programming relating to the cable television system located in Vail, Colorado were approximately $283,960 for the year ended December 31, 1992 and are included in operating expenses in the accompanying financial statements. Parent's investment includes amounts due to TCI, representing borrowings for operations and construction costa, net of 8~llocated tax benefits. TCI-RockiES is charged interest expense on the average outstanding balance due to TCI. (3) Manaaement Feee Pursuant to a Cable Service Management Agreement betwQen TCI-Rockies and Seaver Creak Metropolitan District ("the District"), TCI-Rockies provides management, technical, marketing and subscriber services for the District's cable television system. As compensation for such 8ervice9, the District pays a management fee to TCI-Rockies. The management fee is recorded as other income in the accompanying statement of operations. {4) Income Taxes TCI-Rockies is included in the consolidated Federal income tax return of TCI. The cable television system in Vail, Colorado i6 not directly charged for its share of the consolidated tax liability recorded by TCI. Income tax expense in the accompanying statement of operations hag been estimated using the statutory income tax rate Of 34~. (5) Commitments and Continaenciee The Vail, Colorado system leases a business office, has entered into pole rental agreements, and uses certain equipment under lease arrangements. Rental expense under these arrangements is recorded in the accompanying statement of operations. Future minimum lease payments under noncancellable operating leases were not material. i 1 i APPENDI% L 24-HOUR CITY HALL AND DISTANCE LEARNING SERVICES , Technology In Government ¦ ¦ ¦ As technology continues to advance, the ability of 'local government to communicate with its constituency does so also. 13t~ Slcphn»ie Thompsat, flssislarll Gdrlvr mg. Ring. communication through touch-pact talc- along-Icon invcsUnenl. Technology ad- "Thank you for galling Herne. phones. vora?cs' fornuda goes like this: increase If you knrnv the extension of Ihr An I1ZM Iradcmark, the 24-1laur Cily technology Ihal serves the public, rc- p:uly you Nish to reach, you may dial it hall works somctlring like a bank's au- duce the number of employees prcvi- at any lime during This message, for tomatic IeNer machine. Placed in a ki- Dusty offering those services and allow prr~s I, (or press 2 osk (or stand-alone cabinet, al'sorts, o)) those remaining more lime fur more Sound familiar? wheels) a video screen displays Homer- work, then costs and taxes go down. Icchnology continues to advance, ous options (or information all al the Roper says the invcsuncnl will pay the contact helN~een human beings and touch of a finger. Varying from one to- off if the funds can be applied iniliaNy. autc,malion becomes greater. And al- calily to another, the system may in- And money for the syslcm does not Ih~mgh often criticized fur its backseat elude information an parks and recrca- have to come solely from la.~paycr's p+~cition So the private sector, local gov- lion, employment opportunities, ways pockets. In Mercer !stand, Wash., local crnnrcnl is beginning Rt lake advantage to ccgistcr for pcnnils and phone Hung- gover»mrnl worked a deal with the gro- of new Icchnology - Icchnology that hers for local officials.'('hc syslcm also eery stare That hosts its syslcm. The ee»nnr+o)icate~, in some cases, halter may provide sound and video in acldi- store helps pay for the 24-hour City Ih:nl local OffICIaIS IIICr11SCIVCC, t10r) to text rnr the screen, and in many liafl and in return uses it :rs an adverlis- "Conununicating with crn)sliluents is cases will allow its user to pri»t out in- ing venue. vrly important," says Custis'forcgas, fornralion. Alxo, if cities or counties choose to pre~idenl of the ('uhlir'ferlmology Inc. 'fhe kiosks may he located in librrc- make their systems interactive, user fees (1' I l). "Comnnmicatiun is an essential ies, grocery stores, shopping malls ar can be applied. for instarce, if a lourh- mandate for the 1990x." anywhere the public can reach them. screen operator is aUle to order Ibrough Technology is a resourceful ,tool in (hUereslingly enough, kiosks placed in the machine a permit or license (with- aanl»unicating, says '1'orcgas, because elderly centers are rarely used. II seems out having to drive downtown, pay for i1 c:ur operate wish "disrcgarc! to the the older generation is not intcrestcd in parking and stand in line to gel Ihr pa- rlork, the map and Io ruhurat harri- conununicaliug through a machine.) pcrwork), llle nwnicipality can bill the cry " Anc) N•Len a laral govenunenl has And, 24-Ilrnrr Cily ilalls can conunu- user for mailing the penult. Ihoce Ihrcc G•n•lors in its favor, it is nm- niralc in more than one language. hr Oakland, Calif., uses a simil:u prac- ning what 1' fl rally a "well-connected Phoenix, Ariz., far instance, the syslcm !ices with its Info/fax service. Anyone crmnuurily." incorporates both English and Spanish. with atouch-lone phase and fax ma- Ihcaking ul, vatinls technologies for Hawaii's state-wide system uses Ling- chine can call and request city infan»a- stud~•inF purposes, 1'TI calcgorizes the lisp, Ilokana and Samoan. lion, forms and reports. "Info/fax is Urn•e dominant funny of rnmmunicat- While the information is free, h»w- scl llp t0 Sl'rY1CC tIIC hnsmess l'OIIU{ltl- ine aut»u)ati»n that local gavernmenls ever, the automation is not. As llanicl oily," says Stephen Ferguson, ctireclor arc using as: the 24-!lour City hall, Roper, Anne Annulcl County, Md. in- of corporate infurmalion services. C;:dl- loru•h-screen technology Thal allows fornrllic)n services officer, points out, cgs "can request infurmalion, like how nscrs Iu lap into city/county infonna- "'fhe question is, how well will the to apply far a building permit." lion at a public video display terminal; pnhlic perceive (the technolagy)?" Ferguson explains tlr.» a caller's ini- ~'idcolcx, technology which provides Should funds go toward new Iechnol- lial inquiry, on an 8t)t1 number, is free. for crnnnnmicalirnr between citizens and agy or a ne:v raof on the school, asks "I'he Caller finds out what is Herded - locat govenrmenl via compnler hook Roper. for instance, wl+ich form is needed to np; and Audiutcx, Icchnology based on The bottom line is That lcchnology is apply fur a permit -and Ihcn he or she American Clty rk County/Augus11991 67 ..y may dial the 900 mr,rmhcr to order it. A involves translation of information via implcnunt," says Ferguson. And while city office employee then faxes the form computer hook-up between citizens and the system presently is free, hr: says, it In the caller, who is charged an average government offices, it falls into I'TI's too "could be a revenue producer for of $S per request vielcolex category. us." For example, the oily council "~Vc turned a profit on Info/Fax Info/Access provides many features, agenda is available, but future plans about three +rwnths ago," says Fergu- including conununily electronic mail, may involve a charge for users who re- son. The charge to the caller pays for file duwn-load and up-load services and quest the staff report That accompanies tyre R00 and 900 lines, as well as for the access Io information about city sere- the agenda. computers themselves. Any remaining ices and progUams on-line. Similar to Santa Monica, Calif., also offers a funds become extra revenue for the city. 24-I tour City Hall systems, info/Ac- videotex service. Named PIiN far puh- Videofex cess contains a data bank that covers tic electronic network, the system was organizational listings, employment op- created to provide greater access to nakland also offers a service called portunities, lilvrary, and parks and roc- public information and offer an inter- Info/Access, a community bulletin realign information. Additionally, a active channel for cornmunicatian be- hoard and information system accessi- system operator checks messages and twecn residents and the city, It runs on ble to anyone witl? a computer and a responds to iniquiries by placing them a Flewlcll-Packard computer and is ac- modem. It is available 24 hours a clay, into a "system folder." cessiblc to home or business personal seven clays a week. Because the system "Info/Access cost about 512,000 to computers or the public lermimals pro- CATV Market Open To Competition oncerned with issues of quality, video directly to the home. This is serve tennis courts and other public responsiveness and costs in lo- made possible by fiber-optic cable facilities. cal cable television service (CATV), and sophisticated broadband switch- Local agencies could offer librar- many American city and county of- ing technolo@~,y. ies of informational and insUuc- ficials favor the introduction of Fiber-optic. cable uses light rather lional videos available for viewing on competition -from telephone com- Than electricity to transmit informa- demand. Separate channels could panics and others -into the CATV lion in greater quantities than the provide information in different lan- marketplace. copper wire used for telephone serv- gouges, and others could be designed The National Association of ice. Because the capacity of fiber is to serve the speech- or hearing-im- Counties, National League of Cities, essentially limitless, fiber-optic ca- paired. U.S. Conference of Mayors and Na- tiles can carry thousands of chan- The same advanced telecommuni- lional Conference of I31ack Mayors nets. cations network that could define flhc are just a few of the organizations 'i'Ire devices needed for the ad- delivery of government services will that support changing the Cable Act vanced network already exist and are have a similar impact on education of 19R4 to allow telephone company being evaluated several communities and health care. School districts will competition with appropriate safe- throughout the country. The most be able to share resources and reach guards, The law prohibits telephone extensive trig{ is in Cerritos, Calif., students in the home. The concept of companies from providing cable where the city is testing interactive, "distance learning" already is a re- programming to consmmers within or two-way, television and video ality through private networks in their areas of operation. communications. some communities. The telephone industry proposes Cerritos is working to develop In rural Michigan, for instance, to deliver advanced video services municipal services as the network's several school districts and conunu- deployment is completed. Tests of Wily colleges are using a fiber-based advanced capabilities that could be network to allow students in differ- •~l;l~;fti'1 used by local governments arc un- ent locations to take the same I ,r.~ , tr, derway. One such test is point-to- courses. • ~ rr! ,<''''-'k point switched video, which enables A test of advanced letecommuni- • t ' ' callers to see each other while talk- cations in health care is underway in ~ ~-t 'r"a'r~ ing on the telephone. North Carolina. Called VISTAnct, u, • the ro'ecl connects the Universit An interactive telecommunications P 1 Y i~'~ '1: of North Carolina Medical Ccntcr at network simultaneously carrying .r 'r! ' voice, data and video to and from Chapel Hill to a supcrcomputcr iu ,a~•, the home or office may have a revo- Durham, relaying information be- a~~• a lutionary effect on the way govern- twecn the hospital and the computer . tYr~ ~ ments serve their consihrenls. In the at speeds that will allow unprece- broadest sense, the ability to reach dented applications. citizens direcilly and individually will I lowever, current law and existing improve drannatically. federal regulations limit local tele- Servlces that may be delivered In• Revisions and distribution of pub- pltonc companies' abilities to partic- elude tran~misslon o1 voice, data tic information will become much ipate in the video services business. and video directly to the home. easier and less costly. Additionally, Legislation currently before Corr- many transactions, such as paying gross would change that C7 lazes or ices„ could be handled with through an upgraded public-switched a key pad acid credit card. Citizens This orticfe n'as written Ly Clifford network shat will permit simultane- also could register for continuing ed- Ilallidgv, as.~isronl vice president. cTr: ous transmission of voice, data and ucation courses or workshops or re- Telephone Operations, In'ing, Texas. 68 American Clfy b County/August 1991 ~ w +•idcd by the city. AUtllOteX When farmed, key objectives of the To thst end, Sedgwick Caunly has 1'fiN project +vere enhanced delivery For More implemented s connnunirating pl+onc and awareness of public services, s Information system, specific !o tl+c dumestir dcparl- more responsive public service inquiry menl of the district court, which riti- process and an electronic fon+m for dis- For more infonnalion about 24- yens can use to check on their cases. A cessions of residents' rnncerns. Hour Cily Hall, Videotex and Audi- typical system user would be a depend- PLN services, free of charge, include ales, contact PT1, 1301 Pennsylva- rot mother who wants la find out if I+cr sn electronic database of {iublic record nis Ave., N.W., Washington, U.C. child support check is in. Ity accessing documents and information about city 2(X104, (20Z) 626-2400. the system with a case number, users sen•ices and events; electronic mail for can plug into applicable payment infor- esrhsnge of comments, suggestions and oration. questions between residents and Ifi city from the county appraiser's office, Kccn says the county looked to the departments; electronic conferencing county clerk's office, the registry of technology as a solution to cutbacks in where residents participate in ongoing deeds, the treasurer's office and the dis- state (ending to district courts. fr++~rr puhlic discussions; and dial-up access to tricl court. Customers are billed +tollsrs mean fewer employees and n+<+re the city's automated library catalog. monthly for (heir use. work for a smaller staff. Touch-pad Ict- Sedg~s•ick County, Kan., offers vi- "It works well for those doing cphone technology was the answer, says dcotex services similar to C)aklaud and enough to make their access worth- Kccn, "helping out both employees and Santa Monica, but its system comes while," says Kennclh Kccn, informs- citizens." Gmployces answer fewer only for a fcc. basically set up far busi- lion services director. }le also says he phone rs11s, allowing Ihcm nxur tiu+c to necses that continually need county in- hopes the county will "get back into the work, and citizegs Can obtain the iufur- formation -like title crnnpanics and dial-up world a little more," using of +++slion they need. newspapers - tlrc system provides data telephone-based Icchnology• Similar systems I+ave been installed in three An++e Arundel County offices: domestic relations, personnel and the pennil application center. Tbr county Hopis Get Accounting System s°++gl+t amdiatrx systerns for tl+rsr nf. ficcs because each daily receives a high number of phone calls. l3rfurc the When the 1[opi lndian tribe in stipulate that individual grants be county installed its Mirrolug voice Arizona hired computer con- itemized according to renewal and processing systems, caNers would cane sultants to review its accounting sys- regeneration periods and reported in plain ahnut spending exccssivc tin+'c on tem in 19R8, they discovered unbaf- a multi-year history format. {+old and not being able to get through. aneed accounting rernrds and a year- The tribe's first computing system With the touch-pad tclrphunr tcrh- long backlog of audit reports. Ri- was installed in the early '80s. AI- t+ology in place, however, callers to the chard tilatl+is of Mathis & Wrench though it was able to meet sdminis' domestic relations office can oh?sin had served a hvo-year stint as rnmp- trative record keeping needs, the in- general infonnalion such as attire loca- trollcr of the Hopi Indian Nation, trodurlion of more complicated gov- lion, operating hours :+nd mailing ad- and he recognized the need for sn ernment requirements severely dress. The system also ran connect r.+ll- accounting system that was both limited its effectiveness. era to the domestic rclalians divisio? user-friendly and capable of ban- "Not only did the tribe require ex- and with the caller's Social Security and filing the Irihe's complicated ac- tensive administrative and account- rase numbers, can provide iufunnstion counting needs. ing functions from its system, the about I+is or I+cr case. Callers also ?nay because of the web of relation- high employee turnover rate and low {cave messages on voice mail. ships among the Nopi tribe, the end-user knowledge of accounting Similarly, the permit application rcn- Ilopi nation and the federal govern- practice necessitated a user-friendly lcr s stem rovides corral infonuati~>n ment, Mathis faced a difficult task. system, Mathis says. Y p g "the llopi lndian Nation, based in The ilopis conducted a year-long as well ss specific details about how to apply for a permit. Callers also may Kykolsmoui, acts as the protective evaluation of fund accounting soft- (cave their names and numbers on the rnerseeing umbrella of the tribe. The ware firms before settling on the system to rc+tucst information iu the services it provides inch+de govern- multiple operations manager pac:+k- r++ail img the tribal budget, tracking gov- age developed by Corbin Willits Sys- Finally, the office of personnel sys- ernmenl grants, monitoring bun- terns. tern provides general employment in- dreds of federal regulations and re- The system consists of l8 separate formation and desrriplions on lab porting requirements and managing units including general ledger, sc" openings within Ihr county. Again, all other administrative functions. counts payable and receivable, cash callers n+ay (cave rcyucsts far inl'o+n+a- In order to provide the adminis- and work management and invcn- lion by +nail. trative, monitoring and reporting Cory. The software was programmed Since implcmenling voice processing services necessary to coordinate using an interpreter language by bA- systems, the domestic relations division (racking of government grants, the SlS International. After atwo- I+as seen s Ii~L•+1 call volume increase of nation required a sophisticated sc- month training period, the software (,0 percent, with more than RO percent counting management system. Fed- was installed in I?ecember 1989. of the c:+Ils bring serviced by the sys- eral grant regulations state that tribal Since no modifications of the earlier tem. The division alsn has increased its accounting information must be system were required, implements- number of phone lines fro+++ eight to 12. processed to conform to different lion of the new system was instants- The office of personnel has received federal level requirements. Each re- Weans. three times ss many rcducsls for yob port can request a different hiersr- spplic:+lioms. chy of information based on distinct 'f he Hopis now plan to expand the "It's hard to imagine how we oper- data parameters. package to include a payroll genera- sled without this innovative tcrlmol- Add'H'+onal{y, federal regulations lion function. r,gy," says hill Schmidt, administr:uur (or the domestic relations divisio++. l I ~p American City ACounty/August 1941 Operations , The Video-literate ~iassroom ° In Maryland, thanks to Metrovision fzber system, school's in 8y Vlncente Pasdeloup ° Prince George's County Interactive N toletwork S cncurta NIiVP:R I31:r•.N Bt•-rrrtt: You al- Flber Optics Line (New) Coaxial Cable Exlstin tend class on "1'V, miles from the ( g) leacher. On a split screen you can watch .Office of TY Resources distant classmates perking up to answer a _ ~?---I question or slumping on their desks. I;ul i be careful: if you snooze through the les- :,1: ~ ~ / son, you can still be called on by the leacher, who sees you on a monitor. tt 1 1' ! ,,,f An interactive cable network ]inking ~ six public high schools with Iwo-way au- Fairmont Heights , , Prince George's dio and two-way video has been function- High School ~ Community Colleg ing since September in Prince Georges ¦ ,.L~ County, Md., thanks to the Metrovision / ; ~ / inc. system there. About 3~i students at- tend the cable classroom every weekday. ~ . !t took Metrovision 18 months, 20 miles of fiber and lots of ingenuity lcJ era ¦ ate the nehvork. Forestville ~ Metrovlslon Largo 'Cho problem: "I'cachers of advanced Hlgh School `Headend 1 High School programs were scarce and expensive in the conununily. "There simply were not ~ etrovision's 2amile, enough students in each school to war-~ r,~.t'S n11 bidirecilional fiber net- , work links seven prince rant collegecredil courses. ' ' Metrovlslon George's County, Md. Headend 2 schools into a universal, Linking with cable video age classroom, allow- Potomac ing teacher.> and students 'life solution: linking classrooms with High School from any school to watch cable and pooling the teachers. Suddenly and participate In classes it became possible to gather enough stn- ~ with others. The architecture dents from different schools, six to eight of the network was con- each, enabling them to be one step ahead ceived by the local school fur Colic e. district's Scott Schiller, g ' Metrovision project enginee L•'ach school has equipped a classroom . Doug Wodry and several as a television studio, complete with earn- Friendly Surrattsville county otticials beginning it eras, monitors and modulators. 'Cables Hlgh School High School the spring of 1988. are set in ahalf-circle, conference•style, and each has a microphone. When stu- dents ask a question, they are heard first for the plant (Anixler Grble "IV did classroom has two 1:'i-inch nurnitur throughout the network. the subcontracting work.) Another fiber watch both channels al the same linty !.very day, one at a time, the teachers trunk runs between each headcnd. Signals are sent from each scho lecture !heir own class and, via cable, oth- W1lhout fiber there would have been a the headends, using the reverse i er sUulenls several miles away. 120-amplifier cascade between two sile5 "they then gcr on fiber lu the Palmer 'Ike architecture of the network was linked in the nelworlc -the Bonnie center where they arc mixed on a conceived by the local school district's Johns Educational Media Center in screen. Scott Schiller, Metrovision project engi- I'almcr Park, Md., and the school at the prom there the pictures are sent necr Doug Worley and several county uf- suulhermnosl tip of the network, 1Yurle•y through fiber lu the lirsl headcnd, v ficials beginning in the spring o[ 1988. said. Picture quality would have been sends then[ OIt COiIXIaI IlJ the t [~un<ling was ltrovklerl by a $12 mil- poo?•, schools it servers. lion grant from the Cable Enterprise Started in June The pictures also ;u-e sent thn Fund, which was fed by franchise fees. fiber to [he second headcnd, which t l;ven (hough each school was already Anixter started building in June and mils thorn on coaxial lu the three wired, a separate drop was put in to link finished just before school started. 'tile schools. them to one of Melrmision's two head- total cost for Metrovision, including con- In addition, the schools have ins ends. Onahundred miles of reverse path strur..lion and maintenance, was 5iOn,tN)p. a lwu-way computer system wish an on coaxial was also laid. 1'he network uses the two highest ironic blackboard" - a pad equi Because the pictures are nm through channels on the system - 39 and A0. with a scanner. A telephone nclwor'. an audiovisual center eight miles north o[ One is the "leaching" channel; the other a facsimile machine arc also used c the main headcnd, Metrovision decided is a four-way split screen showing thc~ stu- _ _ _ to run Gber between the two sites - a dents in their different schools. Each See SCHOOL on page l,5 1!i CABLE WORLD / I)ctembcr ll, /949 - ttwp~ Operations Cabtevision Overhauls Management ltr;°~`,)al, tn;nin Cabtevision as president of Rainbow !'rogranuning Holdings Inc., which produces Amerman Movie Clas- nnt.r•.vteir)N Sv~'rt•:nts Cctur. will an office of the chairman with presidc•nt sits, Bravo, eight rcgion;d sports ncl- strengtltcn its focus on progranutting John 'l'otto. llolan remains chief execu- works and Ncws 1l bong {stand. NI3C and advertising sales operations in the live officer. owns half of the services, as well as the wake of a tot}level ntanagcnu~nl reshot- Olhcrchangcs: separately protluccd CNIiC and {ling that gives widener{ responsibility to ¦ Marc Lustgarten, formerly presi- SporlsCltanncl America. new chief operating officer James Kofah. dent o[ Cablevisioci s pragr:umming coat- Patrick was in charge of the consult- One of cable's most adventuresome panics, appointed vice chairman for de- ing firm MrKinsey's worldwide media MSUs when it comes to program packag- velopntent. and entertainment practice. She has pre- ittg ant{ investments, the 1.4 million-sub• ¦ Sharon Patrick, a MclCinscy & Cu. viously advised Cabtevision. scriber Cabtevision hopes with the reor- ganizalion to allow some senior execu- tives to "focus exclusively on growth tx)s- sibililics (or...cablc, programming ant{ ad- ~ ~ ' vertising sales," said chairman Charles 1 he Ore on Cable Dolan. g Dolan under the reorganization shares s~nool uses ~ 1 'V Association Cable Delivery SCHOOL continued from page 1G Is Het in Son1e p ~ sively. ~ ~ 11te curriculum, considering that it is Ver S eeial Children s delivered on a high-tech network, is V n rather classical: art history, modern Lu- J i? ropean history, U.S. government, calcu- lus, Spanish 4 and French 3. ~ Bul tltc tnoclcrn tecltnological alt_ ashes Come ~ true. proach has its champions. The system feels so realistic, said art history teacher Jose Uel[in, lh:+t "when one student sneezes, the others say 'bless yoti with- outevenraisingtheirheads." ThcorcgonCahlcTVacaicialion~ ofUn•Kon,Inc.salulcslhcOrcgon • Test results show students perform firstslatewidcpuMicrdaliunscam• CahlcTclevisianti~aociatinnfur just as well as Iltey would in a more lradi- paiFnu•a<adr:unaticstatemeMfor hdpinRseriously illchiWren ttonal envitommcttl. calclc'scommitntcnncuomm~+oity hdfilllhcirfa~•oritcwi~hcs, Tl)e elce•tronic classroom also has rc- scrvlce. µttarc~rrtlccymiKhnc~,fnmi TlrestnlcRyim•ohrdlar~r•ting atripwl)isncyl:uulruaucnJing inforcccl Mclrovision's "good neighbor" cal>Icxstcmcat lu ccs,kKat ' P Y amajorlcagucball~amet'ahlc image. •1-he system became opcralic?nal libraries,localhusincsacxandhoa- r~ Tdevisloncsuplwrrofthcscwishcs lw0 years ago and has ~i1,00U sttb- pllalstulnintogcthcrwith ~ ~ E~" hringsjoyandlauy;hlcrUramuntxr scribers. No additional personnel have cahlcopcruursand aG•hildrenthroughouuhcstatc been needed to maintain the network. thcAlascularf>ystro• ~ r _ ~ oforcgun." "the county provides a production team phy~lcuKiacion,in Ifyuuwnukllikcinfurmalion that maneuvers cameras in the class- conjunctionwiththc ~ . on new N•ayswbuildanactic~c rooms. Make-A-wishFounda- ~ 'r prescncefotcalAc t-laving fiber has been so positive that tion,inastatc-wtdc(und t , Idcvisioninyour Metrmision engineers "looked around to raisinReffornoaccistta ~:f • > t community, see where we could use it in other earls findingacurefnrllus at i.` ~ ~ contact... cripplinRdiscase. q of the sysicm," Worley said. Instead of AccordingtoNancy = £ ' ~ ~ Yl Lt_tEC.EVlS~c~ ' building a third headend, they asked McMahon,"TheDtake YUI3LI~ Anixler to run an additional 13 miles to A-WishFoundatioo t~' I'~KS cope with the system's expansion. t Another consequence: Prince Georges f> ~ A~X~%~tlrK?N Community College will soon poi its , pO'°"'9tes, preparation course for the Scholastic Ap- Rmslyn,YA ? 22209.991iA titude -Test on the intcraclive network. 7o3-n6•onet 'the system will also be used by the city n government for teleconferences anti [or lraining programs (or educators, Schiller said. CABLE WORLD /Ar'~e)ubcr 11, 1~8i1 25 WORK SESSION FOLLOW-UP Page 1 of 1 July 9, 1993 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS _ 1991 11/19 NEWSPAPER VENDING MACHINES TOM M./TIM D.IJIM C.: What can be done to make these Postponed to fall. uniform and locations less prolific? 1992 11110 COUNTY REGIONAL MEETINGS Next meeting scheduled for Wednesday, 7121193, from 5:00 P.M. - 7:00 P.M. at the TOA. 03116 AMENDMENT 1 COMMUNICATION CAROLINEISTEVE B./STEVE T.IHOLLY: Develop timeline Amid-July deadline is planned. STRATEGIC PLAN and plan to reach all "organized" groups within the TOV as well as general public/develop education tools for group representativesladdress issues through elections prolcon piece. 04127 NOTICE TO TOM M.: Notify both county offices of the Town's interest in TREASURER'SIASSESSOR'S receiving all notifications of land tax sales in the county. OFFICES 06108 THANK YOU TO CDOT LARRY G.: To encourage more, and yet show appreciation for, assistance from CDOT, write a letter thanking them for their early striping of roads and their attention to Vail Pass and Highway 6 sweeping. 06129 DEDICATION OF AIPP GLASS EVERYONE: Please mark your calendars for Thursday, WALL AT VTRC August 19,1993, for benefactor's reception (approximately 6:30 - 8:00 P.M. at the Ski Museum) and dedication. I I