Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Comcast Corp
4248 Shorecrest Lane Corona del Mar, CA 92625 October 26, 1989 The Honorable Donald A. Council Members City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear sirs: R U 1 NOV 13 1989 7LAa_ 4L CLaD ,tZ Strauss, Mayor REC f My 1 84 MW I doubt if it will do any good to complain about the Go. but they seem to be very inconsiderate, arrogant and cavalier in their treatment of the public. Perhaps it is because they are a monopoly. If there were a competing service, I would subscribe to it. I have been having poor TV reception and they scheduled me for an "open call" on Friday, October 20, 1989, . which... means any time.. between 9 a.m. and 6 p.m. On that date, I called them at 9 a.m. and twice more during the day to inquire if there was any hour during the day that I might be able to run to the bank and the grocery store. The ahswere was always, "No ". I stayed home until 6 p.m.; no one ever came. This past Tuesday, October 24, 1989, one of my downstairs tenants, John Johnsen, called me from Texas to announce he expected me to be available to let Comcast into his apartment the next morning to repair his poor reception and inability to receive the pay channels. I told him I was already obligated to supervise the piano tuning for my Santa Ana tenant, E. George Husband., M.D., while he played his Wednesday golf game. I called Comcast to reschedule Mr. Johnsen's service call and spoke with Kim. Mr'. Johnsen especially wanted his pay- for - viewing channels fixed for this weekend. Kim said the only thing they could schedule for this week was an "open call" for Friday. I said that might be all right since Mr. Johnsen was supposed to return on Friday and be available but I would need a more restricted time appointment for myself next week. At this, Kim became very irate, said that I couldn't schedule service for Mr. Johnsen and that she would have the supervisor call and talk to me. It had been perfectly acceptable for me to supervise the installation of Mr. Johnsen's service on September 26, 1989, when Comcast wanted to secure a new cable customer but, once installed, follow -up service is, apparently, a low priority. I waited five hours and then called again to see why a supervisor had not returned my call. This time, Julie answered. She stated that Kim was not authorized to refer any calls to a supervisor, that only she, Julie, was so authorized and she had received no such referral from Kim. Julie stated she would have a supervisor call me.. I said, "Since my calls are seldom returned, I prefer to hold the line." Julie said it might be some time and I replied that that would be fine. About ten minutes later, Julie said the supervisor was still busy and would return my call later. I said I didn't mind holding. Fifteen minutes later, Julie came back on October 26, 1989 Page 2 the line and said, "The supervisor is still busy; we're moving the office on Friday and she can't be bothered with.. you.." She then hung up. Wednesday and Thursday have passed and the supervisor still hasn't called. I know my complaint is very minor but when you add several similarly rude contre- temps, it amounts to somewhat abusive treatment of a captive consumer.... On September 21, 1989, my tenant, Betsy Miller, moved to Beverly Hills and left a note that she was leaving her converter box on the kitchen sink and that Comcast would pick it up the next day. I telephoned Comcast to inqure if they couldn't specify either morning or oafternoon for the pick -up as I could not be available for the entire day. The girl was not a little rude and emphatically stated that Betsy should have returned the box to their Newport Beach office_ I replied, "Well, she didn't. However, you are coming out next week on the morning of September 26, 1989, to install new service for Mr. Johnsen. You can pick up your converter then." They did come out that day although not during their promised "morning call" but after 2 p.m. In retrospect, I am sorry I waited around for them. They brought a new converter and either left that one and took Betsy's or left Betsy's and took back the new one. They left no - receiptfor the reclaimed converter. Two days later, Comcast apparantly started dunning because she called to.see what I had done with it. informed them the converter had been picked up on that it is not unusual for the installers to delay for several days and assured me that by the end of in the computer and the account cleared. Betsy for I then c )9/26/89. recording the week, the "missing" converter slled Comcast and The girl informed me their transactions it would be entered The next week, Betsy called in a panic that Comcast wanted her to pay $300 for the "missing" converter. I told her I would try again to straighten things out with Comcast_ That evening, around 7:30 p.m., a Comcast representative called and, in a very angry, accusatory tone, insisted that I had "purloined" their converter and was trying to pull a "fast one ". She stated that computer entries are never deferred to a subsequent day and intimated I was lying in claiming an employee ever made such a statement to me. I told her what had transpired on 09/26/89, described what the two workmen looked like., related exactly what they had said (i.e.: that Johnsen's poor re- eption with Betsy's converter over the weekend was owing to a loose connection on his set and not to a poorly functioning converter; the young man's offer to purchase my '69 GTO, etc.) and told her that, although they did not leave a receipt, they definitely reclaimed a converter. In a still very suspicious tone of voice, she said she would check again and get back to me. Happily, I never heard from her again. When they are obviously so grossly incompetent, they ought to approach their customers with a modicum of politeness and trust in their honesty. As long as I am complaining, let me relate my biggest complaint. For about 15 years, lu October 26, 1989 Page 3 I paid the Group W Cable Company for a full year's service in advance because, by so doing, they would give a thirteenth month free. That worked very well until Comcast took over Group W. The first time the year's end arrived, I got no free month as "increased charges and fees" eliminated any credit. I then went, personally, to their Newport Beach office and inquired if they still offered thirteen months of service when payment is made in advance for twelve months. The,girl telephoned the main office and then assured me that such was the case. 'In August, 1988, I paid $258.00 for service from August 1, 1988, to August 31, 1989, ($16.50 /mo. for 12 months plus one free month). I anticipated that I would not receive a bill for cable service until September 1, 1989. I was wrong. In July I received a bill for $10.70 for the balance on the month of July, 1989 and no "free month" for August. I called Comcast only to be informed that there was no longer a "free month" policy for payment in advance and no redress for my grievance. I would never had paid for the year in advance if it were not for their promise of a bonus month. I have additional complaints such as being complete "off- service" for as much as two weeks and never receiving credit for the "down" time but I have already over- stated my case. Thank you for your consideration. Sincerely,; / A \\ ``' Mildred J. Husband r. 0'!b -CL1Y11`G17 �7 Pativo �n {e+ C3 Y 44 ". rr hie{ WILSEY COUNCIL PZDF �A TECIRNOLOGY GR&P NO. E-zl�d Atlas Technology, Inc. September 25, 1989 1 ° , Wilsey Financial Consultants, Inc. KNO Systems, Inc. \f Atlas Financial Consultants CONTEK C� Independent Roofing Consultants 1400 N. Main Street V� COUNCIL Santa Ana, CA 92701 ; _ r[; i t,z "_,1C,: Attn: Mr, Dave Barford OCT 9 1989 Dear Mr. Barford:��µ`V' �'..:y' I am writing this letter to answer the one that you mailed out sometime -in August. Currently I have four sets on your cable system. I called the number you listed per your request in order to possibly "avoid interruption of my cable service ". However, I found that it took two full days of calling before I could get any answer on your line. When I did get through, I was told that the lines were very busy and someone would be glad to call me back. This was at 4:45 on a Friday afternoon and my board here at the office was to close at 5 :30. I elected to stay on the line until someone could help me. Unfortunately, when I left at 5:30, no one had come back to the line and I had to disconnect. I started calling again the following Monday. After repeated tries, I did get someone to answer and to schedule a servicing. The date set was 'Saturday, September 9, before noon. I decided to call and verify the appointment and be certain that your records were current and I was scheduled for that servicing. It was a repeat performance of my previous attempts. I feel you have an obligation to your customers to provide the proper service necessary to fulfill your requirements and their needs. If this was the first time, maybe we could overlook it, but we've had other occasions when we've had to call your company and have not been able to get through on the line. Please note this was never a problem with the former cable owner. We have also had service that's been interrupted, and as always, it's impossible to reach you. I feel your service record to your customers has not been satisfactory and you should be made aware of this so that it can be rectified. I do hope that in the future when I have to contact your company I can at least get an operator to talk to and not spend two or three days of my time dialing your number which is always busy. Sincerely, /i r Patricia A. Wilsey Vice President cc: Mayor Donald Strauss and 'City Council Members Executive Assistant, Mr. Ken Delino WILSEY TECHNOLOGY GROUP BUILDING 5 Civic Plaza • Newport Beach; CA 92660 (714) 759 -9317 FAX (714) 759 -9306 5 U YnAyu Cl En r1 Gtttl18 t: rsrc^.rwi�er ❑ Attorney C risers Dir. ppt &RMr.. L] pignn±ng DIC ❑ Mice Chi01 P.Vvl. Dir p outer T—/"U 12 198P CRAIG MC KE$SAR 2209 VISTA HVERTA F -4(a) NEWPORT REACH, CA 1?2660 i'Y ;N 'ITY COUNCIL C v 1i AEMPORT UEACI': JUL 2 4 1989 i Dear Mayor and City Council, sr- �.. I'm writing this letter to express my negative opinion towards Comcas Cable. I have many business relationships around the area, but Comcast Cable by far provides the worst service, making the DMV look sufficient,. From the very beginning the negative attitudes, being left on hold for up to an hour, and lack of follow up, has thourghly been pitiful. I can understand their position if we want cable, Comoaat Cables is our only choice. This is a very said choice and would, along with many others, love to see a different company in operation in Newport Beach. 0 Bldg. Dir. d GenSm Dir.. oPB&RMr. • Planning Dir. • Police id 0 P. 7 -,q Sincerely, Craig McKessar 'N2 Qv�Sr�o S �LL �iti ��o -9go7 G2� i G COUNCIL ACE CA Harry Hiner 321 Anade Newport Beach, CA 92661 ,ice RECEIVED July 7, 1989 AL it is mom c9 Comcast Cable -Ctrl Orange P.O. Box 100171 Van Nuys, CA 91410 -0017 Re: service at 306 Anade, Newport Beach Enclosed please find a copy of my most recent statement. I moved from 306 Anade June 10. Service was to have been terminated June 12. I have since, on June 17, received installation of cable service at my new address, 321 Anade, Newport Beach for which I have yet to receive an invoice. I have tried to call your office past three days only to get a occasion. The need to take time a letter, much less at all, Further, I have no doubt that t particular problem because your reach this conclusion after a mention extremely poor reception me that "yea, we have a problem at least 10 times a day for the n annoying busy signal on every out to handle this in the form of is extremely irritating to me. his will not be the end of this firm is clearly mismanaged. I E of such incidents not to that is "dealt with" by telling with reception in that area." To the Newport Beach City Council: Why 'must Newport residents have to put up with this atrocious service? Sincer y, Harry Hi r cc: Newport -Beach City Council Z tr. U H� �, 0 noi4metl "Aa16Qer AMMOY t] "Air.� "" o G2nSery OW, Ott &RDir, 0 ptann?ng Dk. 0 police Chid o� Dn 7'// COMCA57 CABLE OF SANTA ANA 1400 N. MAIN ST. SANTA ANA, CA. 92701 -2321 DATE JUNE 25, 1989 ACCT./ 15 007 0306151 USE ENCLOSED ENVELOPE AND MAKE PAYMENT TO i COMCAST CABLE -CTRL ORANGE P.O. BOX 10017 VAN NUYS, CA 91410 -0017 82641500703061510004. .6003 CM D7 25 $46.00 ON RECEIPT PLEASE DETACH AND ENCLOSE TOP PORTION WITH PAYMENT 111111,1116,11161111,+ .8264 1500 2121 --- HARRY H.INER 321 ANADE AVE NEWPORT BEACH CA 92661 -1115 FOR CUSTOMER SERVICE CALL 542 -6222 FOR 306 ANADE AVE SERVICE NEWPORT BEACH CA 92661 -1116 AT= tQT a..vIVIarr -tea ■ 1100 W,,tcliff Drive Newport Beach, Galifornia 92660 r_ T tECE5VED89 May 11 , 1989 CM CLERK Honorable Mayor and City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Comcast Cable Service Com[al.a nt Dear Mayor and Councilmembers: €1c MUM o � tr C' MAY 2 2 1989 !, For almost a month, I have been attempting to have Comcast Cable reinstall cable service to my house, after my neighbor inadvertently cut out approximately fifteen feet of above- ground conduit running from the street to my home. My neighbor was replacing his front yard and the ugly above - ground conduit was running across his property. Despite repeated calls to Comcast Cable for service assistance, I have been unable even to find out when a construction crew might come by my home to reconnect our service. On top of all of this, I have now received a bill from Comcast Cable for basic cable charges during the period my service has been out, together with a $40.00 installation charge for services not yet performed. Inasmuch as cable television franchises are monopolies granted by the public, it seems to me that the least we can expect in exchange for providing somebody with a monopoly- profit situation is responsive service. I do not believe that Comcast Cable is meeting that standard. /7 Honorable Mayor May 11, 1989 Page -2- • and City Council I am enclosing a photocopy of my letter to Comcast Cable demanding their attention to this matter. I would appreciate it greatly if the City would take this complaint into consideration during the annual franchise review for Comcast Cable. Y Encl. 20 Very truly yours, John L. Fellows III Comcast Cable of Santa Ana 1400 North Main Street Santa Ana, CA 92701 -2321 Re: Account No. 15 007 0272429 Gentlemen: A A ROTA. BeO 19 ozi Pm ES B TUCNE ER:'llBeB IBS Of 'M IL �O RO W. OAHU, SR I..,. -i9B81 H, RODGER HOWELL IiB25 -1-831 OPVI.1 �..�e PIL Iu "TELEPHONE (714) 641-5100 (213) 625 -7566 TELECOPIER (7I4) 546-9035 TELEX RIO S96 1883 CABLE ADDRESS RU:TAN TLC CSMA IN REPLY PLEASE REFER TO I have been trying for almost a month to have cable service to my home reconnected. My cable service was disrupted some time around Saturday, April 15, when my neighbor, who was redoing his front lawn, inadvertently cut out a portion of our cable (which was in an ugly; above- ground conduit running across his property). When 2 initially called in asking for service to reconnect the cable, I told the service department representative that a portion of our cable had been cut out by our neighbor. I was advised that the earliest a service crew could be at our home was Thursday, April 27, some time between noon and 5:00 p.m. I made arrangements to take off time from work to be there. The crew did appear very promptly. Unfortunately, a service crew, rather than a construction crew, had been sent 2� RUTAN & TUCKER . 'V,1 1. 51-PAUENBER.CK JAMES R MOORE' GAIT. H. roCIL.". MARK 0. FRAZIER ATTORNEYS AT LAW PA UL FREDERIC MARX' NPR IN T, KROGIUS A PARTNERSHIP INCLUOLNG PROFESSIONAL CORPORATIONS WILLIAM R. 81EL 3FL CE P.. EM A. RO - -1 ..... A. CVRNVTT THOMAS G. NCI.. CENTRAL SANK TOWER, SUITE 1400 LEONARD P OVME F'N A.LOLISI JOIN B, HURLBVTEJ1. KATHERINE JENSON SOUTH COAST PLAZA TOWN CENTER MICHAEL W .ELL SCOTT R. PINZONE -- LFORpE OAI'L:AC OIRCKJ: EDGE 611 PNTON BOULEVARD RE I: PLLPCE: JR.• RIC HP9p G. MONTEVIDEO NONA LD N• RI ASIMIS 9: SGYOVE POST OFFICE 80X 19SO HARD E RICHARD P. MARK TH MARK SMNE FLYNN ...CRT C M. ALP ROBERT C. BRAUN LORI EARNER SMITH 11 ERN ES P. F NERTY COSTA MESA, CALIFORNIA 92628 -9990 ROGER P. GRAB LE^ ERNE TT E, II EDWARD SAL'NOEF JR.• E. M . A S. THOMAS $. KAT KATHLEEN OM RB AT.H L'$FPNANI ROD"' W. ALBERTEP• ..T NAM O, THOMPSKY DAVF C. LP RSE N• RS N' OANOWSNYTPYLO4 CLIFFORD N JEFFREY EIMER MIC 81N . LOLN IN V N LIGT ATT VWNLIGOSS G. RI IN' A G.R HEW ROSS JOSEPH MIC DERMAN• MICHAEL S. ER JOSEPH 0. iH R. ANDREA R, CYLER STAN WOLCOTT- C OTT' TYLER „J ROBERT S. BOWER ROBERT O.OWEN ROBERT 0. OANCIJ. PLESHIRE BARRV ADAMS P HCA P..FMARTIC . JOFFRE: VOGOLD JA EA L MORPTiCORENP JAMES L. MORR15 JEFFREY S ATZ RB SATRI RO SHPTZ May 11, 19.89 - A IN NE NELSON LANPHPR PATRICK K HANLY J. CPPLPN ROBERT YONOWIT2 MICHAEL T RORNAN I CHAM KSON JANACE L. CELOTTI MATT MATTHEW P. $EEBERGEP HILAP p. KAHN .P. MA L_S NI KtiPERBERG FCHESTER KEVIN 1.1 -'n EVln e STEL N STEVEN A NICHOLS L MOSMAN rHOMAS G. NGiON LAYNE LAYNE H MELZER NY NOC WI NOER v.PERiv ANA EVRIAL IVICNI OWLLAS AIDINtF S. DAMP R • MANY WLL.. BABBVSH RISONEP HARRISON MARY N. GREEN SCOT NWPLD SCOTT M. PHILIP N. PRINCE SARAH J. NNEC HT KNECH THOMAS J. CRANE DAN SLATER JOHN N L. FELLOWS III Comcast Cable of Santa Ana 1400 North Main Street Santa Ana, CA 92701 -2321 Re: Account No. 15 007 0272429 Gentlemen: A A ROTA. BeO 19 ozi Pm ES B TUCNE ER:'llBeB IBS Of 'M IL �O RO W. OAHU, SR I..,. -i9B81 H, RODGER HOWELL IiB25 -1-831 OPVI.1 �..�e PIL Iu "TELEPHONE (714) 641-5100 (213) 625 -7566 TELECOPIER (7I4) 546-9035 TELEX RIO S96 1883 CABLE ADDRESS RU:TAN TLC CSMA IN REPLY PLEASE REFER TO I have been trying for almost a month to have cable service to my home reconnected. My cable service was disrupted some time around Saturday, April 15, when my neighbor, who was redoing his front lawn, inadvertently cut out a portion of our cable (which was in an ugly; above- ground conduit running across his property). When 2 initially called in asking for service to reconnect the cable, I told the service department representative that a portion of our cable had been cut out by our neighbor. I was advised that the earliest a service crew could be at our home was Thursday, April 27, some time between noon and 5:00 p.m. I made arrangements to take off time from work to be there. The crew did appear very promptly. Unfortunately, a service crew, rather than a construction crew, had been sent 2� RUTAN & TUCKER ATTORNEYS AT LAW p PppiN [RS MP iN CIUOiNG PPO FESSiO NPICOPPO PPTIO N9 Comcast Cable of Santa Ana May 11, 1989 Page -2- out. I was advised by the foreman that because the basic conduit to the house had been cut out by my neighbor, a construction crew would be necessary to replace the cable. The foreman came into my home and used my telephone to -all r 0xder Lh.L cun5truciion. The foreman than told me that a construction crew would probably appear Thursday afternoon, Friday or Saturday, April 29 at the latest. I therefore remained home that afternoon anticipating a call from someone in construction. I received no word whatsoever. I telephoned Comcast again the week of May 1. In response to my complaint that I had not heard from construction and a service representative's representa'�L.on that there was no construction work order scheduled, I requested that the supervisor of construction contact me- I left both my office number and my home telephone number`- At about 4:30 that afternoon, someone, apparently from construction, did telephone my home and leave a message indicating that the construction work would be scheduled. Since that time I have telephoned five times, including three times today, May 11, asking for date when I might anticipate the construction crew arriving to reinstall our services. I have been unable to obtain any information. On top of all of this, I have recently received a bill dated April 28, 1989, which contains two entries: a 1,41 0.00 ;basic cable charge for the period of May 4 - June 3, 1989, and an April 28 charge of $40.00 for installing additional equipment. I presume this latter charge is for the Thursday, April 27 appearance of the crew at my home. The total bill is $59.00. I am enclosing a photocopy of the bill for your information. Since I have received no basic cable service whatsoever to date during the period described on the bill, nor did I receive installation of any additional equipment or any service whatsoever from Comcast, I do not intend to pay either of these charges. In addition, I am making a formal complaint to the City of Newport Beach, which I presume has some franchise control over Comcast Cable. ,•RUTAN & TUCKER� ATTORNEYS AT LAW A PARTNERSHIP INCLUDING PROf[9SIONAL COR PORPTONS Comcast Cable of Santa Ana May 11, 1989 Page -3- I would appreciate your immediate attention to this problem. If Comcast is unable to assist me, I would at least appreciate learning the reason why. Very truly yours, 1z "Vojs�eg�; John L. Fellows III JLF /jb Enclosure cc: City of Newport Beach, Attention: Mayor and City�r�l Council of the City of Newport Beach Comcast Gable -- CTRL Orange NJ C COMCAST CABLE OF SANTAI MA 1400 N. MAIN ST. BANTA ANA: CA. 92701-2321 DATE APRIL 28, 1989 ACCT.O 15 007 0272429 ANO usE r INPUT** _ 4w COMCAST CABLE —CTRL ORANGE P.O. BOX 10017 - VAN'NUYSP CA 91410 -0017 826415007027242900059006 FOR CUSTOMER SERVICE CALL 542-6222 15 007 0272429 CM 7 28 559.00 ON RECEIPT PLEASEOETACH AND ENCLOSE TOP PORTION WITH PAYMENT IIIIIedllloollllndilt ..8264 1500 1002 ..� JOHN FELLOWS 1100 WESTCLIFF DR ... ..� NEWPORT BEACH CA 92660-5635 MAY 04, 1989 4/25 PAYMENT — THANK YOU BASIC CABLE 4/28 INSTAI,L ADDITIONAL EQUIP JUNE 03, 1989 1 ON RECEIPT 19.00 19.00 CR 19.00 40.00 x #AMOUNT DUE*m $59.00 ARE HOT INCLUDED IN THIS STATEMENT 19.00 19.00 + 7- 79. oo - ' o 0 + 7c 4D.007 +1 559.00 AN AMOUNT FOLLOWED BY A `CRS IS A CREDIT OR A CREDIT BALANCE ATTN— COMCAST SUBSCRIBERS FOR THE NEWPORT BEACH AREA. WE ARE CURRENTLY RELEASING NEW CHANNELS. YOU WILL NEED OUR NEW CONVERTERS TO RECEIVE THIS NEW PROGRAMMING. PLEASE WATCH YOUR MAIL OR WE WILL CONTACT YOU BY PHONE. THANKS!! XI COMCAST i Certificate of Insurance' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO N.ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFIC OLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER OVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that LIBERTY F -1 MUTUAL® Comcast CableVision of Newport Beach, Inc, Nameand C/O Comcast Corporation K address of One Belmont Avenue. Insured. L__ Bala Cynwyd, PA 19004 1 Is, at the issue date of this certificate, insured by the Company under thepolicy(ies) listed below. The Insurance afforded by the listetlpolicy(les) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE CERT.EXP.DATE" LIMIT OF ❑ CONUNUOUS POLICY OF POLICY ❑ EXTENDED NUMBER LIABILITY POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYERS LIABILITY $500 1 OOOCA LAW OFTHE FOLLOWING STATES: Bodily Injury By Accident $100,000 EOOO WORKERS' 3/31/90 WC2 -131- 098944-019 AL CT FL IL IN KY MS Bodily Injury By Disease $rj 00, OOOCA COMPENSATION MD MI NJ PA x$100,000 Ea. Person Bodily Injury By Disease $1. 000 000C 3/31/90 WC2 -131- 098944 -159 CA $500,000 Pol. Limit General: Aggregate- Other than Products /Completed Operations $2,000,000 Products/Completed Operations Aggregate $1,000,000 Bodily Injury and Property Damage Liability J CIE $'1,000,000 per occurrence W Z ❑ CLAIMS MADE Personal and Advemeng Injury W 'UF $ per person/ 1 t 000 r COQ organization RETRO DATE Jj ¢ do Other w� 3/31./90 TB1 -131- 098944 -029 ® OCCURRENCE 0 O U SPECIAL/EXCL. ENDORSEMENTS } OWNED $ > , - EACH ACCIDENT-SINGLE LIMIT -B.I. AND P.D. COMBINED $ EACH PERSON H °� ® NON -OWNED 3/31/90 AS1 -131- 098944-049 S C r�( EACH ACCIDENT EACH ACCIDENT L7 HIRED $ OROCCURRENCE $ OR OCCURRENCE Umbrella $5,000,000 Each Occurrence w Excess 3/31/90 THl -131- 098944 -039 $5,000,000 General Aggregate x p Liability $5,000,000 Products. /Co- Op .Agg. LOCATION(S).OFOPERATIONS &JOB # (If Applicable) DESCRIPTION OF OPERATIONS: All Locations /All Operations If the certificate expiration date is continuous or extended term, you wil be notified if coverage is terminated or reduced betore the certtticate expiration date. However, you will not be notified annually of the continuation of coverage. Liberty Mutual NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE. Insurance Group THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS. 30 DAYS NOTICE OF SUCH TERMINATION OR I REDUCTION HAS BEEN MAILED TO: City of Newport Beach _ CERTIFICATE P.O. BOX 1768 AUTHORIZED PRESENTATIVE HOLDERS Newport Beach. CA 92658 / Ken Delano, ASS't City Manager March 31, 1989 Blue B L DATE ISSUED OFFICE Thit, cefldicate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those. Companies BS772S R2 Certificate of Insurance V THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS. UPON YOU THE CERTIFICATE. HOLDER THIS CERTIFICATE I$. NOT AN INSURANCE POLICY AND DOES NOT AMEND', EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW THIS CERTIFICATE SUPERCEDES AND REPLACES PREVIOUSLY ISSUED CERTIFICATE ti This is to Certify that LIBERTYAW COMAST CABLEVISION OF SANTA ANA Name and MUTUAL. C/O Comcast Corporation address of One Belmont Avenue Insured. LBala Cynwyd PA 19004 is, at the issue date of this'.wrtit'kate, insured by the Company under the policy(ies) listed below. `The insurance afforded by the listed policy(les) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this cer- . tificate maybe issued, TYPE OF POLICY CERTEXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.O.. 'EMPLOYERS LIABILITY Smih.InNry ByAccideol LAW OF THE FOLLOWING STATES' WORKERS 3/31/89 WC2- 131 - 098944 -018 AL CT FL IL IN KY MS $100,000 Ea. ACa sodny Injury By Da Mm MD MI NJ PA NY DE COMPENSATION $100,000 Ea. Person eodilywjurytiyoUmase 3/31/89 WC2 -131- 098944 -158 CA $500,000 PoL Lime General Aggregee-0Cher than Producte/Completed Operations $2,000,000 Pro aucLUCompieted Operations Aggregate $1,000,000 Bodlty Injury . and Progeny Damage Liability Q BE $1,000,000 W paroccurrence Personal and Adversmg Injury "per Z UJ 0 CLAIMS MADE. Cg: 3/31/89 TB1 -131- 09 8944 -02 $1,000.,.000 person/ orgamaanoo BeTho WTE. Other ¢Q of OCCURRENCE C O SPECIAUEXCL. ENDORSEMENTS ®OWNED I $ 1,,000,000 EACH ACCIDENT - SINGLE LIMIT-S.I. AND P'.D..COMBINED '$ EACHPERSON NON-OWNED 3/31/89 ASI- 131 - 098944 -04 <m a;I ` EACHACCIDENT EACH ACCIDENT ® HIRED $ OROCCURRENCE $ OROCCURRENCE Umbrella W Excess 3/3.1/89 LEI- 131- 098944 -038 $5,000,000 Single Limit for Bodily Injury p Liability and Property Damage over Underlying Limits. LOCATION(S)) OF OPERATIONS& JOB p (HApplicable) a. ocat onS a operations DESCRIPTION OF OPERATIONS. i I -NOTE: You will NOT W notified immialhot the continuation of Ihscoverege, YOU Will be notified II tos coverages terminated or reducea Ljberty NfutuAl NOTICE OF CANCELLATION THE COMPANY WILL NOT TERMINATE OR Additional Insured: insuranceGroup REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS City of Newport Beach _30 DAYS NOTICE OF SUCH TERMINATION' OR REDUCTION HAS BEEN cc: Comcast Cablevision MAILEDTO: Attn: Dalia Fuentes . City of Newport Beach CERTIFICATE Attn: B. Brown. HOLDER —,. P.O. BOX 1768 Newport Beach, CA 92658 -8915 March 31, , 1 1 . dSm DATE ISSUEi Meeting Tns, cen ieele seY.e. t2c or LIBFR.Y N,6T� _ INSUR= '.o_':G ,.UP es re Je 14.0 -` n5� a �t as 5 a "e 9s .I, Tnes�.Comae� es BJ772S Certificate of insurance THIS CERTIFICATE IS ISSUED ASA MATTER OF INF:..... TION ONLY AND CONFERS NO RIGHTS UPONVOU THE CERTIR01 .I OLDER. THIS CERTIFICATE IS NOT AN INSURANCE' POLICY AND DOES NOT AMEND. EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that FCotaeas ftblttwitt efi of Newport Beach; Inc.7 r 1 srr- Name and C/O Comcast Corporation 'address of One Belmont Avenue Insured. Bala Cynwyd PA 19004 J is, at the issue date of this certificate, insured by the Company under the Poficy(ies) listed below. 'The insurance afforded by the listeddpolicy(ies) Is subject to all their terms, exclusions and conditions and is not altered by any requirement,. term or condition of any contract or other document with respect to which this cer- tificate may be issued. TYPE OF POLICY CEFIT. EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. EMPLOYER'S' LIABILITY LAW OF THE FOLLOWING STATES Bodily Injury By Accipent i WORKERS' 3/31/$9 WC2 -131- 098944 -018 AL CT FL IL IN KY MS $100,000 Ea. ACC. Bodily cowry BY Disease MD MI NJ PA ,NY DE COMPENSATION $100,000 Be. Person 3/31/89 I WC2 -131- 098944 -1581 CA Bodily Injury By Disease $500,000 POL Limit Ge earl Aggiegateolhar than ProductsICampleted Operators $2,000,000 Products'Comple(ad Operations Aggregate $1,000,000 -� Bodily Injury and Progeny Damage Ualniny Q $1 a 000 , 000 UU 2 W y F-1 CLAIMS.MADE par occurrence Personal and Advemsing injury 0f 3/31/89 TB1- 131 - 098944 -02 $.1.,000,000 per panaril Organization BErBO PATE am U Other J W M OCCURRENCE 2 8 SPECIALIEXCL. ENDORSEMENTS ®OWNED $ 1,000,000 EACH ACCIDENT - SINGLE LIMIT -B.I. AND P.D. COMBINED OJ ~ — Q NON -OWNED 3/31/89 AS1- 131 - 098944.04 $ EACH PERSON Q Q EACH ACCIDENT EACH ACCIDENT HIRED. $ OROCCURRENCE ':$ OROCCURRENCE Ir Umbrella W Excess 3/31/89 LEI -131- 098944 -038 $5,000,000 Single Limit for Bodily Injury Z p Liability and Property Damage over Underlying Limits. LOCATION(S) OF OPERATIONS &JOB# (if APPlicable) all onS DESCRIPTION OF OPERATIONS; a opera 1 On4 I NOTE. You will NOT Its rptdied annually of tNe comjnuahon of tlus coverage; You will oe rgtd{sd it this coverage is terminated or reduced NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS _DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: CERTIFICATE HOLDER -a el aL, .a'ir certificate is as respects s-cc, insurance as s loraec cs LibertYMutual Insurance Group AUTHORIZEDR ES TATIVE March 31, 1988 Plymouth Meeting DATE ISSUED OFFICE BS772SR' J .10 a U E i ( JN €IL ACEND A Na F -4(a) CY THE t:ITY COUNCIL / ?', CIi,�Or N�titi ?0�'� BEACt� %> �o?• ��'• 1 Q CCSEP�2 1988 ,�s-2- n,E:it2c-ru >o R 47 tAzwt; Co-�.a CZ-- /7z 46 GLV / Geri � - «y CAc w 172 'VI /,a,, e," *I s v 0 3 C 1 a� act /r 0 � 6L D d n df v, p (Z�166�t "ACL2Ce o. it d dzcv a C 9 Z7 Date 1�L.=' G(€' zS SENT TO: 11 ;", . 13 nzr ctimen i7 r:= terney ini 'g. ilir. ❑ G�°n$are DI r. [] v & R Dir. o Planning Dir. n Police Chief Weir 4 E( 9 Hermosa < Hermosa Beach Complaints by cable television subscribers have prompted the City Council to warn that it plans to get tough with with the MultiVision cable television company. If it has the power to do so. The problem, officials say, is that federal de- regulation of cable television has weakened local control over cable companies. No city can cancel its franchise agreement with a cable system; only the Federal Communications Commission has that power, which it rarely wields. But that doesn't mean the city won't try, espe- cially after a survey of the 6,400 cable television subscribers in the city shows many of the 1,900 respondents claim poor reception and rude ser- vice is all they get from MultiVision. The city's Cable TV Board suggested Tuesday that the council review its agreement to deter- mine how much leverage the city can exercise over MultiVision and officials agreed. "This is the best documentation of inadequate service I have ever seen," said City Manager Kevin Northcraft. The council voted to meet with MultiVision officials while hiring a consultant to determine what power the city might have in terminating its agreement with the cable company. The coun- cil also plans to contact GTE and discuss the possible use of telephone lines to improve the quality of television reception. Said Councilwoman June Williams: "We've been fooling around with the cable television company for a long time, now. I think we've had it. Let's get somebody else." Water Ll Conneast Cablevision 1400 North Main Street :Santa Ana, CA 92701 (714) 547 -3303 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Kenneth Delino: 0- September 22, 1987 R fc f D 5 p241987 ) 4. Enclosed is a name change endorsements which pertains to Bond No. K92988478 and :Bond No. K92988089. These were previously endorsed on behalf of Group W. If you have any problems or questions please call. Sincerely, / / r Tom Kezar General Manager • - . INSURANCE COMPANY OF.NORTH AMERICA August 5, 1987 This endorsement forms a part Franchise Bond No. 298847 Amended to K92988478 issued by INSURANCE COMPANY OF NORTH AMERICA to Teleprompter Corporation d /b /a Teleprompter of Newport Beach on behalf of City of Newport Beach in the amount of $100,000 Dollars effective October 7, 1977. The said COMCAST CABLEVISION of NEWPORT BEACH, INC. hereby assumes the full responsibility to comply with the agreement that was in force on or about December 30, 1986 between Group W and the obligee. Nothing herein contained shall vary, alter or extend any provisions or conditioned of the bond other than as above stated. Signed, Sealed and Dated this 5th Day of Augusta 1987. COMCAST CABLEVISION OF NEWPORT BEACH, INC. INSURANCE fs4MPANY OF.NORTH AMERICA rney- INSURANCE COMPANY OF NORTH AMERICA August 5, 1987 This endorsement forms a part Pole Maintenance Bond No. 298808 Amended to K92988089 issued by INSURANCE COMPANY OF NORTH AMERICA to Teleprompter Corporation, Teleprompter of Newport Beach on behalf of City of Newport Beach in the amount of $50,000 Dollars effective October 7, 1977. The said COMCAST CABLEVISION of NEWPORT BEACH, INC. hereby assumes the full responsibility to comply with the agreement that was in force on or about December 30, 1986 between Group W and the obligee. Nothing herein contained shalt vary, alter or extend any provisions or conditioned of the bond other than as above stated. Signed, Sealed and Dated this 5th Day of August 1987. COMCAST CABLEVISION OF NEWPORT BEACH, INC. Ui w'l �.41r1I4.= INSURANCE 9OMPANY OF,NO.RTTH AMERICA ■'9- m rpou D DIN / / f \ \ / HkNCe r4+^ A)Mg �A a oration.- the' ; ��.���ai�"R��a�8.�.'ry . , wno Resg7u6on a �"I�ys�L't%„ of � vut#+w�iy Sr�� E81�ffr �. '198�Wrtt{Yrd 1 `: f iq.iplrg wnraa.a�'l' %t.dtlt»aK +aacm.x�loi+dcYiMJ�ii ipprainfM'mf$c�i{Qnjor M4 dbmplma;' MencWxw .ecaGR�ie!use omrane f�eo(nar j s'.nat Cvxpv any wanif nc <6F,eP -ma•YAtfta 7n4mt p.r tp�44a and arb✓iencrnro�Coxaa'�am aeivalocaa AN*W " �ln teoetAli {NrN4a@'eV!aYadtlraw7ernvay a.m6rntaGP„1ca*te sraratah; e[shr Mmebm.Cgronrate seersfilq and }Ow. . mar atMabn and'wtM+tl:e any oiaq WM+r xk °:;sai u? aw�« axlgafiu' yipayi6xandhnauelir�ltb9 •eab•nafpf t8.45mpaoraMto gdtaanebetl o/ the Com am tn«ato W WNNP •x+ iygl.M'aoaoNMN` AM1 �Aaa�•�iak•e9MW §a pih8xrp,ewiatM ea �nv jo,?^r.>4ia,e9 aroaaR egn8d+iy fEmermM and an6ued fo M:kwrromorpre sd«aran. /r w natty: ' nt. rf Vtaa vreq(QOq or v Won, .anl4aiYo`a.eeegat + ivrq -ep aeNMd'caCxb wFpfM Comwaymarw;ti�sd M(walmde on enrPO et otpnomer i.oamvdta_ oIK ma Vanam.a.pdr++i6�6ntwar nwra?aedsr+e2a�a+iato aryj tendlcaiq of enr aaanypyrer aea.m acl, aowar« tw natn6P�aK.ta"dsi�06 7?d�`pf.!t Iyv O[ne«a p`[ ow C apa,r a ut, um"" arFacl .fiait h,asadltibtdr a Cetvrty eyXmiy <opise.ohllga Aeeobllen, iris a'/.t of e,• "day .ndaar,."66 l o mc•,ytot M• nyaa2aeaerr �9`xWL1�gGwyg,el�tlbiryU�lia.. // / /\ , Mapd @i nM'Ae,�auoj uaas � *+'� fexo6dUi / if \A J ' JdoUt.d d / C / �« M} ,geitd�aa er''�n9d6is e�ww�b'wet«e ,o wie a \tees eAm ze rers and afaan ze iszt," nommatet,C�itaatduta;-anr a}7p4inR 5�'EI, T A YIti(1, RIC� A� JACO &i1S, and MAKE T K, all of the Ga m €`P3ailadelp�iiai State of esnsylvan a� 4`f ---- n / $Uslly if ih`feCe,6ermp dh¢n on "e named SCe true ar�d Fa`y(JV1 attor to made execin as deliver on its 6ahelf, ct and deed sny;aad: aN .bonds,:undertalGmgs recog^ntzar±ces,rcontracts and>ofher Writings in the nature thereof knd the � such writings trr`ptusuance of theee'`presgnts:- shalibe asbin. ing upon said Compeny, as fulry and atnply�as if they'hadb'eea'" o d and acknoYWeOged by the ne4* ty elected officers oft Company at its prtncFpal office. - NITNESS WHFRE61F'the'said'John S. Fitzgeraid Jr., Vice-President,, has hereunto subscribed his mme'snd affixed the Sal of the said INSURANCE COMIPANY of NORTH AMERICA this 12th $ day of - Mareh - _ 4-8-7 m INSURANCE. COMPANY. OF NORTH AMERICA', � by. z a 0 EALTH `OF PENNSYLVANIA " 2 RA1.D Vice President , .'' PHILADELPHIA" lhia l2th '" day of - Marsh ; A ".D }g 27 7before me, a Notary Pvbli i of ,:. o iweaRh of Pennsytyania,in and hii the County of Philadelptua came John R. Fitzgerald, Jr., Yioe -President of the INSURANCE in 11 6 July 1988 Mayor & City Council of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Dear Sir: COUNCIL MANDA � No F -4 (d) BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 2 51988 2�. , er n'r Since COMCAST has taken over the T.V. cable in Newport Beach the service: has greatly subsided. Blackouts on certain channels appear frequently but more frustrating is trying to contact them for correction. The telephone line is always busy or you're told there will be a 45 minute wait. When contact is made, rudeness replaces courtesy. In requesting their name, I'm abruptly cut-off. How long is the City under contract with COMCAST? Suggest this be heard before the City Council, not simply to air complaints to a representative of COMCAST (usually futile, argumentative and lengthy) but let's look at alternatives such as competition bids and enforcements of current contract provisions. Please make a public announcement in the newspaper so all aggreived can attend. D. K. Haworth 10 Robon Court Newport Beach, CA 92663 O 11U iiiF3Gi1 .. anger p A+torney r C 4�nSery Dir.. Ej ( rI R Dir. planning Dir. Ct pallc htet u of. Dir n v 2ner �( j r, or Comcast Cablevision �� �` �p DFrAom 1400 North Main Street ,. �' h_ 1 15�:"nCH (OUNC AUNDA Santa Ana, CA 92701 (714) 547-3303 APR 2 5198811"6' NO �JCOMCA aaa9ue �aacJ C�u.¢n u(//j., tz , \ Za9u,:a �Nzguff , ea. 92677 �At Y ` �,// Dear (714) 449 -2729 _) {/ �'1��Ov, I am very sorry that you decided to disconnect your cable service this week. I can understand your concern abobt the rlrecn and service you've been getting from !'ti our company. We stand behind our reputation as co>ttpan3h'R who provides good pictures and quality service. H wever, we all make mistakes and an error was committed in case. I know your service problem can be resolved to tv, your satisfaction, and you'll soon find bow good a product 6 . ► r we really can deliver. I just ask that you us one a more chance. AIP U140/L� h/4� T y I hope you'll reconsider and keep Comcast a little longer. After all, it could cost you almost $40.to book up again J in the future. If you decide you'd like to give us another ` chance, please call me before your schedule disconnect h date, so I can cancel the disconnect work order. If. down the road you'd Like to get back on service, please give me a call at (714).542 -6222 from 9:00 a.m. to 6:00 p.m. Thank you for your patronage. Comcast Cablevisi o !!jz -Gv OAS ez s Fit' K,p S £ cap - P he �+arr7, BY THE CITY COUNCIL CITY Of NEWPORT BEACH MAR 2 8 1988 ' D,�?�' Mrs. Howard Klenburg Nt ", F 4(f) .777 Domingo Drive, Newport Beach, California765D Aiql. ok rj ily 3.i . LP ale, c..l 1,2"I "U CQ, "icS SEVTTB 0 K4yor. r, COUN'limen • manager • Attorney D Bldg. Dir. D Clery Dir. D €`.& R Dir. D' Planning Dir. D Police Chief D P..yy:: Dir , "ther �V i �� /6. � ��f'✓✓ i�' Y�/�� -C /, Iii V 1 ye, 7 �U A I7 .t • 9 G 1981 o tti ._ RANDOLPEf H. PRICE 9'BREAKWATER DR. \ WRIM DEL MAR, CA, 92625 l G C7 0 c l Z> NID F -4 (d) BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUN 2 2 1987 2 7V-e4l''- - Q GZ WAIL F\ 1{ c- .���, F_= Y �r LJ 1 r [ tt en 1 F p.�Vr fJ r;• �1itBJ 1. D'i[. �c i xpr� Dir v & R Mr., F' ,nins� Dir [j sJ:lil3 Chic.;` Dir LEher 1 • Fir F /C 0 5 1, (OU14i. 1 ACENYH NO F -4 ta> BY THE CRY COUNCIL CITY OF NEWPORT BEACH JUN 2 2 1987 a ' Ckg OF NEWPf iT BEXH, JUN 4 1987 ow RECEiYf p i �% r P+ f k, i' ,ter Bit. R Bit. C pi nnirv'4 Bit. i- ° v B hiof r :h / V 6 /7 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that Name and LIBERTY COMCAST CABLEVI'SION OF NEWPORT BEA% - CH, INC. addressof C/O COMCAST CORPORATION �yf9v {a 7x,zt" Insured. MUTUALe ONE BELMONT AVENUE za. L BALA CYNWYD, PA 19004 J Is, at the nsue date of this cenificale, insured by the Companv under the policOes) listed below. *The insurance afforded by the listed policy(tes), is subject to at I their terms, exclusions and conditions and is not altered by any requirement, tern or condition of any contract or other document wish respect to which this certificate may be issued. TYPE. OF POLICY ICERT. EXP. DATE POLICY NUMBER LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C. COV BI LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT WORKERS' 3/31/88 WC7 -131- 098944 -017 KY CT FL IL IN NJ $ 100., 000 EA. ACCIDENT BODILY INJURY BY DISEASE S MD MI PA COMPENSATION - $. 1.00 000 EA. PERSON BODILY INJURY BY DISEASE 3/31/88 WC2 -131- 098944 -047 CA $ 500,, 000 .POLICY LIMIT COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE EACH EACH $ OCCUR ENCE $ OCCURRENCE XCU ® PRODUCTS COM- ® PLETED OPERATIONS Personal Injury $ AGGREGATE $ AGGREGATE W ED m ED INDEPENDI1CO' CON- E AC ® TORS COMBINED SINGLE LIMIT =i PROTECTIVE BODILY INJURY AND PROPERTY DAMAGE 3/31/88 LG1- 131- 098944 -027 1,000,000 $ EACH OCCURRENCE CONTRACTUAL © LIABILITY property $ 1,000,000 AGGREGATE ® Broad Form Damage O l_ J OWNED $ 1,000,000 EACH ACCIDENT- SINGLE LIMIT -B.I. AND P.D. COMBINED [ANON -OVVNFD 3/31/88 AS1-131-098944-047 $' EACH PERSON :D QQ Q Q HIRED EACH ACCIDENT EACH ACCIDENT $ OROCCURRENCE $ OROCCURRENCE Umbrella Excess 3/31/88 LEI -131- 098944 -037 $5,000,000 Single Limit for Bodily Injury Lai Liability and Property Damage over Underlying Limits co 0 O r CAN 0 =ACH. �O LOCATION(S) OF OPERATIONS & JOB # (If Applicable) DESCRIPTION OF OPERATIONS: g L All Locations ApR ..,n NOTE: You will NOT be notified annually ofth .e6ntmuat if;,� ,SIS.eoAer9 � ou will be notified if this coverage is terminated or reduced. ff NOTICE OF CANCELLATION. THE COMPANY l I NOT TER. R cc: Mr. John Monsen, G.M. REDUCE THE INSURANCE AFFORDED UNDER THE A VE POUCH LESS 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: r City of Newport Beach P.O. Box 1768 CERTIFICATE Newport Beach, CA 9.2658 -8915 HOLDER —. Attn: .Ken Delano L Assistant City Manager This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insueance as is afforded by Those. Companies. hk Liberty Mutual Insurance Group SS 745 S R2 Agenda Item F9(t}j THE CITY COUNCIL CITY OF NEWPORT BEACH MEMORANDUM OFFICE OF THE CITY ATTORNEY JUL 14 1986 July 7, 1986 TO: Honorable Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Request of O'Donnell & Gordon for a.Waiver of Potential Conflict (Representation of .Group Pierce O'Donnell has asked the to their representation of Comcast involving the City of Newport Beach. Comcast Corporation recently acquired network'. O'Donnell & Gordon could negotiations, or disputes, with the consent. City Council to consent Corporation in matters (See attached Letter). Group W's cable television not represent Comcast in City absent the Council's O'Donnell & Gordon has represented matters pertaining to John Wayne Airport. In have learned nothing of a confidential nature could be used against us were they to repres not believe the representation of Comcast ant the City would be harmful to Newport Beach. Reconmendation: the City only in that capacity they about the City that ent Comcast. I do I matters involving It is re.co:unended the City Council authorize this office to advise O'Donnell & Gordon that the City consents, at this time, to their representation of Comcast in matters involving Newport Beach. ///Y o r T iam_ City Attorney RHB /jc Attachment LAW OFFICES O'DONNELL & GORDON PIERCE O'OO N N E L L* A PARTNERSHIP INCLUDING PROFESSIONAL ODRPORATIONS JEFFREY S. GORDON* STEVEN F. PFLAUM+ ONE BUNKER HILL GEORGE R. HEDGES 601 WEST FIFTH STREET, SUITE 1200 ANNE B. ROBERTS CAROL S. LARSON LOS ANGELES, CALIFORNIA 90017 CORNELIUS P. McCARTHY TELEPHONE (213) 688 -1566 J05EPHINE E. POWE JAN S. NORMAN TELEX 295357 POLO UR MARY NEWCOMBE - TELECOPIER (213) 688 -1152 GAEL. RUDERMAN FEUER ZAPMAILER 1213) 624 -5929 -A PROFESSIONALS CORPORATION TADMITTED IN ILLINOIS AND CALIFORNIA •tADMITTED IN WASHINGTON, O. C. ONLY July 2, 1986 Robert Burnham, Esq. City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Re: Waiver of Potential Conflict Dear Mr. Burnham: DENNIS E. CURTIS ALAN STAMM MICHAEL P. FLAH.ERTYtT OF COUNSEL 208 SOUTH LA5ALLE, SUITE 466 CHICAGO, ILLIN015 60604 (312) 641 -0071 1850 "K" STREET, N. W. SUITE 200, INTERNATIONAL SQUARE WASHINGTON, D. C. 20006 (202) 223-4447 FILE NO tt���az 11 As Steve Pflaum has discussed with you, Comcast Corporation is seriously considering hiring O'Donnell & Gordon as their attorneys in California. Comcast recently acquired Group W's cable television network, and currently operates ten cable systems in Southern California, including the system in Newport Beach. In deciding whether to retain O'Donnell & Gordon, Comcast has inquired whether we would be able to represent it in any future matters involving Newport Beach. While Comcast does not presently have any legal matters involving Newport Beach, Comcast has requested some assurance that O'Donnell & Gordon would be able to represent it if any such matter should arise. As you know, O'Donnell & Gordon has not represented the City in any matters involving Group W or Comcast. However, the California Rules of Professional Conduct, as well as our own respect and consideration for the City, impel us to seek the City's written consent before undertaking any matter on behalf of Comcast concerning Newport Beach. The restrictions on a law firm's ability to simultaneously represent someone in one matter while opposing that person in another matter are derived from the potential concern that the dual representation could impair the firm's ability to represent its clients effectively in those 0 6 Robert Burnham, Esq. July 2, 1986 Page 2 proceedings. See Jeffry v. Pounds, 67 Cal.App.3d 6 (1977) The consent requirement is intended to ensure that the clients have the opportunity to decide if they are comfortable the law firm's dual representation. We do not believe that the potential problems with simultaneous representation and opposition of a client are a significant concern under these particular circumstances. This conclusion is based on the vastly dissimilar nature of the two representations and the resulting absence of any concern that confidential information obtained in one capacity could affect our performance in another. Moreover, different lawyers would be primarily responsible for O'Donnell & Gordon's representation in the two contexts. For these reasons, we respectfully request that the City consent at this time to our representation of Comcast in matters involving the City. We would be grateful if you could place this request on the agenda for the next City Council meeting. If you have any questions regarding this matter, please feel free to call either Steve Pflaum or me. Thank you for your consideration. cc: Steven Pflaum, Esq. 0213c/2mm Sincerely, ANNE B. ROBERTS BY THE 0Y COUNCIL CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 9, 1986 1ND CITY COUNCIL FROM: Executive Assistant SUBJECT: BAYVIEW CATV FRANCHISE Council Agenda -rtenrie� —�— BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUN 9 1966 ACTION: Hold hearing, close hearing and if desired introduce Ordinance and Ordinance granting an extension to the fran- chise areas of Community Cablevision Company and Grp.W W Cable TV Company and pass to m second reading on June 23, 19�f�• n �� BACKGROUND: Both CATV companies have applied for an extension of their franchises into the recently annexed Bayview area. At the May 27, 1986 meeting, the Council decided to consider the applications of both companies. A copy of the May 27th staff report is attached. KJD:ets Attachments I KENNETH J. DELINO ORDINANCE No. 86 -17 AN ORDINANCE OF THE CITY OF NEWPORT BEACH it AMENDING ORDINANCE No. 1197 TO EXTEND THE NON- EXCLUSIVE FRANCHISE WITH P W �TV COMPANY TO CONSTRUCT, MAIN AND OPERATE A COMMUNITY ANTENNA 11 TELEVISION SYSTEM WITHIN THE CITY. The City Council or '.he City of Newport Beach does ordain as follows: SECTION 1. Amendments_ Ordinance No. 1197, an ordinance of the City of Newport Beach granting a non - exclusive franchise to Group W Cable TV Company to construct, maintain, and operate a community antenna television system within said city, adopted by the City Council on the 27th day of December, 1966, is amended so as to add to the description of the franchise area appearing in Section 2 "Grant of Franchise" of Ordinance No. 1197 the description that is attached hereto as Exhibit "A." SECTION 2. Acceptance of Franchise. This franchise shall not become effective, for any purpose, unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be ,prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the date of the adop- tion by the City Council of the ordinance; and, if the filing of such written acceptance by any such Grantee shall not be received by the City Clerk, then such Grantee shall have no rights, remedies or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and, then, upon such terms and conditions as the City Council may impose. SECTION 3. Acceptance Fee The Grantee shall, upon the acceptance of this franchise, pay to the City of Newport Beach, in consideration of the granting of this franchise, the sum of $2,500.00 as and for an Acceptance Fee. SECTION 4. Effective Date. This ordinance shall become effective 30 days from and after the date of its adoption; provided, however, that the franchise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 2 of this ordinance and delivers such accept- ance in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 5. Publication. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of June , 1986, and was adopted on the 23rd day of June ATT ST CITY CLERK 1986, by the following vote, to wit.: AYES, COUNCIL MEMBERS: Agee, Cox, Hart, Heather, Maurer, Plummer, :Strauss NOES, C ABSENT I ,,. 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 GWD /cg October 30, 1985 ORANGE COUNTY REORGANIZAWN NO. 85 EXHIBIT 'A'. PAGE 1 OF 2' LEGAL DESCRIPTION OF ANNEXATION OF BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH All of that certain parcel of land situate in unincorporated territory of the County of Orange, State of California, being a portion of Block 51 of Irvine's Subdivision as shown on a map recorded in Book 1, Page .88 of Miscellaneous Record Maps, Records of said County, said parcel being more particularly described as follows: Beginning at the most easterly corner of Lot 147 of said Block 51, said corner also being the most easterly corner of Tract No. 1 -499, as per map recorded in Book 44, Page 47 or Miscellaneous Maps, Records of said County; thence along the northeasterly line of said Block 51, S 490 21' 45" E 1275.93 to an 'intersection with the northwesterly line of "Acacia Street Annex" per City of Newport Beach Ordinance Number 837; thence along said northwesterly line S 400 38' 15" W 1266.69 feet to a point on the 2000 foot radius curve in 'the southerly line of the deed to Newport Harbor Union .High School District recorded July 1, 1965 in Book 7578, Page 670, of Official Records of said County, a radial line to said point bears N 00 27' 40" E thence westerly along said curve and southerly line through a central angle of 120 20' 35" a distance of 430.85 feet to the most easterly corner of that certain parcel of land described as "Servient Tenament" in Exhibit "B" of a deed recorded April 22, 1975 i'n Book 11382, Page 1898 of Official Records of said County, a radial to said Vcorner bears N 110'52' 55" W; thence along the southerly line of said deed S 570 46' 05" W 77.81 feet; thence S 640 53' 40" W 161.27 feet; thence S 640 271_ 03" W 181.82 feet; thence S 670 01' 41" W 381.32 feet; thence S 750 13' 58" W 102.44 fee thence 120 39' 46" W, 17.73 feet to the beginning of :a non- tangent urve concave northerly and having a radius of 1562.00 feet,' a EXHIBIT "A" M. ORANGE COUNTY REORGANIZATION NO. 85 EXHIBIT 'A', PAGE F 2 LEGAL DESCRIPTIGIWF ANNEXATION OF SAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH radial to said point bears S 300 22' 27" E; thence westerly 2 along said curve through a central angle of 90 20' 53" a 3 distance of 254.85 feet to a point on the southeasterly 4 prolongation of the southwesterly boundary of Tract 1505, as 5 per map recorded in Book 50, Page 15 of Miscellaneous Maps, 6 Records of said County; said line also being the northeasterly 7 lime of the south one quarter of said Block :51 and the 8 northeasterly line of the "Upper Bay Annexation" per City of 9 Newport Beach Ordinance Number 748; thence along said line 10 N 490 21' 54" W 494.39 feet to the. southerly corner of said 11 tract, said corner also being the southerly corner of said Lot 12 147; thence along the southeasterly line of said Lot 147, 13 N 400 37' 27" E 2640.31 feet to the point of 'beginning. 14 15 EXCEPTING from the hereinabove described parcel, that portion 16 offered for dedication and accepted by the County of Orange by 17 Instrument No. 85- 138036 and Instrument .No. 85- 138037 both of 18 Official Records of said County. 19 20 The hereinabove described parcel contains acres of land, more or less. 21 Attached hereto and made a part hereof is a plat designated as 22 Exhibit 'B'. 23 This proposal does .meet the approval of the- Orange County Surveyor's Office. 24 C. R. Nelson, County Surveyor 25 26 Deputy County Surveyor 27 Date 28 - --- 29 30 31 I 32 CaFnL. ORANGE COUNTY REORGANI2AT# NO. 85 LMAL DESCRIPTION OF ANNEXATION OF DAYVIEW PROJP_CT TO THE CITY OF NE'4PORT BEACH NF't -Y LINE DOCK 5t IRVINS,5 Sum. WK *41 te �--+ u �g e• � �° ate+ N ti c K g1+�1 p Wi W�p 9 tv Q" / wa _ Z Zd+U n a i f F- y ucj or J aej oa z z0 � ,� � \\ ^?' •icy, � -00 ^.�1 � •2r— \J� u Z 450 Im wo 400 f Ntr LY LINE OF "UPPER OF NEWPRT E 3BACH ORC). ?40 LAY 4NNEX." PER C1 TY .i v P" AAWNC o FAWNEE AC o LANfLSG9FEAj70fl7F.CiL ♦: 4W IRVINE BOULEVARD,.SLTIE MI 1RVL" CAL15' RMA 527147 >9 W4) 7-M7117 PALM ISi+! SIN` Council Agenda • SIC Item No. J3' CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 27, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: CATV FRANCHISE, BAYVIEW ANNEXATION ACTION: If desired: (a) Approve Resolution declaring ,intention to consider the application of Community Cablevision to extend its franchise into the Bayview Annexation or (b) Approve Resolution declaring intention to consider the application of Group W Cable to extend its fran- chise into the Bayview Annexation or (c) Approve both (a) and (b) above. BACKGROUND: When the Bayview Annexation was completed Janu- ary 3, 1986, the existing County CATV franchises to Community Cablevision Company (CCC) and Group W (GPW) were terminated in accordance with Section 5.44.173 of the Municipal Code, and there is now no franchisee in the area. Erroneously believing it had a valid franchise, CCC made arrangements with the de- veloper to provide CATV service and commenced installation of facilities in the utility trenches. When GPW protested its exclusion from the area, the oversight became apparent and further installation ceased pending Council action.. Final selection of a franchisee requires approval by ordinance, but this resolution will guide the developer's planning. Both CCC and GPW have submitted applications (attached) including the $1,000 fee in accordance with the Municipal Code. TO: MAYOR AND CITY COUNCIL - Page 2 ANALYSIS: Minor differences exist between the two companies. Since the rebuild and management change, GPW has responded and performed as well as the traditionally well- performing CCC. Rate and channel information is compared on the follow- ing pages. Rates for CCC are somewhat higher than GPW, and programming is very similar except that GPW offers PRIME TICKET and CCC will offer additional channels in June, 1986. The County franchises granted to the two companies even though terminated by City ordinance were somewhat different. CCC holds a general franchise granted in 1966 for all unincor- porated areas of the County. The County stopped granting such franchises in 1976. . CCC does not serve any unincor- porated areas. The fact that CCC may have committed funds or effort to building this area,, because it was done without the benefit of a valid franchise,.should not be considered. GPW held a specific franchise for the County area known as Santa Ana Heights granted in August, 1981. GPW completed installation of facilities in the area in September, 1983. Accordingly, the nearest existing facilities of GPW are directly adjacent to the site serving the residents of the unincorporated area of Santa Ana Heights. The nearest facilities of CCC are in the North Ford area, a distance of approximately 3200 feet. CCC will need to extend a trunk line along Jamboree and over the San Diego Creek Bridge. Except for the differences noted above, the companies are equally competent to provide quality reception and service. In the event the Council extends the franchises of both companies, the well established principle is that the developer, J. M. Peters, can select which one of the two companies will serve the area. MONTHLY SERVICE RATES SERVICE One -time installation Basic 12 Channel Expanded 36 Channel GP' $19.95 $21.50 $11.50 $13.00 N (any) (w /cable ready TV) (if converter needed) Additional Outlet $ 4.00 Premium Channels: HBO $10.95 Cinemax $10.95 Showtime $10.95 Disney $10.95 Z Channel $10.95 On /Select N/A Bravo N/A Am. Movie Classic N/A .Additional Premium Outlet $ 2.00 0`.` CCC $15.00 (Basic) $34.95 (Expanded) $ 9.70 $14.95 $ 2.60 $12.55 $12.55 $12.55 $11.50 N/A $17.80 $ 4..95 (Avail. 6/86') $ .4.95 (Avail. 6/86) $ 4.15 PROGRAMMING STATION CCC GPW STATION CCC GPW KCBS X X ESPN X X KNBC X X' Arts & Ent. X X KTLA X X CNN X X KCET X X Lifetime X X KABC X X USA X X KDOC X X C -Span X X KHJ X' X WOR X N/A KOCE X. X Local X x KTTV X X WGN N/A X KTBN X X Weather KCOP X X Channel 6/86' X FNN X X Prime Ticket N/A X KFMB X N/A KLCS N' /A X KGTV X N/A KIHS N/A X KMEX X X KAGL N/A X KSCI X' X Discovery 6/86 N/A KIHS X N/A Nashville 6/86 N/A KWHY X N /A, Headline News 6/86 N/A MTV X X VH1 6/86 N/A WTBS X X CBS 6/86 N/A y0/ TO: MAYOR AND CITY COUNCIL - Page 3 41 RECOMMENDATION: Staff has no preference but believes GPW may be more deserving because: 1. GPW has generally lower rates. 2. GPW had a specific franchise and serves the immediately adjacent areas. 3. GPW will have lower costs to extend service to the area. Appropriate resolutions and correspondence from the two companies are attached. KJD:ets KENNETH J. ELINO Attachments :1 lr�/o J. Donald S. McNutt President. May 16 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Delino: Lim Community Cablevision Company requests an expansion of its franchise to serve the J. M. Peters' Bayview development at the southwest corner of Bristol Street and Jamboree Road. As you are aware, this property was annexed from , the County of Orange to the City of Newport Beach in January, 1986. The J. M. Peters Company requested that we design' a system and extend our service to this project. Believing that our rights under our 'Orange County franchise would carry over with the property to the City, we agreed to serve the development and have invested $15,000 to date on system construction. We understand City Staff's judgment, based on the cable television ordinance, that our Orange County franchise rights terminated upon annexation of the property and have made proper application for a franchise to serve this area. Based on the property owner's expressed interest in having Community Cablevision Company serve its project, ogr current investment of $15,000 and our excellent record of service to the Newport Beach community, we ask for your approval of our request. Please do not hesitate to call me if you have any questions or need further information. Since , ��/- Don McNutt ES - 1061 Camelback: Street, Newpw Beach, Calitomia 92660•(714) 720 4046. �l OC a�a NYf T SMEENTH St; NEWPORT BEACH CA 92663 IM) 631 -5259 Newport Beach City Council 3300 Newport Avenue. Newport Beach, California I TABLE Gmi p W Gabte. Inc A, Subvda u ,WESFN� HOUS° PPnAOC%1 .r Ar S ;.E. ANC. Honorable Mayor Maurer, Council members and City staff members: Group W Cable of Newport Beach is making application for the franchise area known.as the Bayview Project, a new development which was 'recently. annexed into the City of Newport Beach. It appears presently that there are three options available to the City on this issue: grant a franchise to Group W; to Community Cablevision, or a joint franchise to both. Before going into the reasons that I feel Group W should be provided the franchise, I would like to comment on the options concerning a joint franchise. I'm certain that you recall the decision in May of 1985 which granted to Community Cablevision the right to serve a portion of the City already served by Group W. This decision was made in the interest of competition, but the results have shown that this is not the case. The only area now being served by Community Cablevision in that corridor is Promontory Point, a condominium complex also owned by the Irvine Company, The decision to change companies was made by the management, not by the subscribers. I would encourage you to talk to some of those residents, many of whom have called us very upset that they must pay significantly higher rates essentially through no choice of their own. A fair portion of this corridor will undergo 'future development.of new housing. While this situation will make it much less expensive for installing cable facilities, if you have two cable companies serving the same area, costs of installing two systems and the attendant problems of designing for two systems are difficult and more expensive for the developers. You are forcing twice as many vaults and pedestals �p the neighborhood and the possibility of two distribution boxes (lockboxes) on multi -unit dwellings so that either company can serve the units. Also the problems of who provides prewire material to the contractor and two competing companies trying to negotiate these issues puts a burden on the developer. While Group W has no reservations about its ability to compete with another company for the service, it is important to consider the impact on the community in relation to overall benefits. I don't think you'll find any of your constituents who would prefer to have twice as many vaults and pedestals in their neighborhood as is necessary. 'I also think you'll find that both companies are providing a good quality product in their respective areas, so the necessity of providing duplicate systems in the -long run is questionable. I will repeat that Group W has no fears of being in a competitive situation, but I don't believe that such a move is good for the aesthetics of the City or is necessary to insure that people can get good service. I will let Community Cablevision provide the argument for granting the franchise to them, however I would like to provide some background on the issue. In 1981, Group W was issued a franchise by the County of Orange specifically for the area known as Santa Ana Heights. Prior to annexation, Bayview was a part of that franchise. Group W immediately built the county area all the way up to the Bayview area which was until just recently simply undeveloped land. We fulfilled our franchise build requirements quickly and built all areas available. While Bayview has now been annexed into the City of Newport Beach, I still believe that serious consideration should be given to the fact that we had -the franchise for that area before the annexation and since we also have a franchise with the City it would be natural to allow us to continue to have the right to serve the area. Our present system is active right at the border of the development and could easily be extended into the project. I'm sure that our competitors will be quick to point out that they also have a county franchise which covers that area, but I would like to point out the differences. Community has a blanket franchise to cover all unincorporated portions of Orange County. They have had this franchise for approximately 20 years and have yet to my knowledge to serve any county subscribers. If their interest was to serve that area, they could have built Santa Ana Heights a long time before we were even granted a franchise. But they didn't„ and I would surmise that it is much cheaper to build a system in an area that is just being developed rather than an existing area of homes. Our intent was not to "cherry,pick" the areas most financially advantageous, but rather to serve the entire community. It is our belief that this situation is covered under Section 5..44.173(c) of the city regulations covering cable, interpreting that section to state that if the City annexes any portion of an area franchised by the County of Orange when construction of a cable system in that total area has already commenced should go automatically to the company franchised as long as said company agrees to the requirements of the City outlined in Section 5.44. The reason that we believe this to be the correct intent of that section is that any company, before accepting a franchise, evaluates, its return on such an investment. In doing that evaluation, future expansion in the area comes into play as well as existing structures. Group W built a number of areas where the homes per mile were low, but knew that with newer developments following that the financial payback on the overall area would meet company requirements due to the cost savings associated with joint trench projects. Thus companies who have already made an outlay of capital for a new area should rightfully be protected from having the choice areas snatched away. In fact this is the reason that we believe this section was placed in the rules, to be fair to any company who made such a financial committment. Some additional background which is pertinent to this subject concerns the present status of the project. Although we had been pursuing getting plans of the project since last fall, our efforts to meet with the contractor were unsuccessful. Knowing of the development, I had my staff alerted to keep their eye on the project and get maps as soon as possible. We tried a number of times during the first quarter but were essentially blocked from the project. We found out much later that the construction company of J.M. Peters, Inc. had somehow been led to believe that Community Cablevision had that franchise and therefore they had no desire to let a second cable company in. We do not know the source of their information nor do we intend to imply that our competition was in any way responsible, however the result was that Community was provided 13 access and we were not. They have already designed their system and provided prewire material. When Group W was finally able to talk to someone, the trenching for the commercial portion of the project was in progress. At that time, rather than stop the project until we could design, we informed the contractor that we did not need to serve the commercial area and would forego that. However, if a grant of the .franchise hinges on that issue, we will be more than glad to serve the commercial area (a total of three buildings). If awarded the franchise alone, we would be more than willing to work with Community Cablevision to reimburse them for the costs of the conduit system they installed and any prewire material provided. Because of the unfair situation which led to this inequity, We believe that the fact that Community Cablevision.is ahead of the game in that area should not be considered in making this decision since we were denied equal access. So what factors should be taken into consideration for this decision? Presently both systems provide 35 channels of programming to their subscribers. We have no qualms in saying that Group W's overall picture quality is at least as good as our competitors. What about rates? A review of the enclosed comparison shows Group W's installation rate to be significantly lower, the monthly service rate for comparable basic service to be lower, and the monthly rate for the same premium channels to be lower. Also note that Group W' carries Prime Ticket, a regional sports network which includes Laker home games, 'Forum ' boxing, area college sports, etc., as part of our basic service while to get 'Laker games via Community's ON /Select service the customer must pay an additional $17,80 per month. Financially we believe that Group W' provides a superior offering. How about service? With the completion of our upgrade, service calls in Group W's system have dropped to 2.5% of the subscriber base per month.. Over the past 4k months we have been able to offer same day response to service problems on approximately 40% of our requests. System outages have dropped tremendously with the completion of the upgrade. For the most part, new installations are scheduled an average of 3.days out. Incoming phone call abandonment has steadily improved and last month averaged 3% of incoming calls lost_ All of these are areas which we specifically track and constantly assess to improve the service to our customers. In summary, we feel that Group W is .providing as good a service to its customers as our competitor, but that our rates are more favorable to the public. While we accept that the City does not feel bound by the prior franchise we held with the County of Orange covering this same area, we feel that our present performance shows that we will provide good, solid service and that our prior franchise for that same specific area should carry considerable weight in the decision. Group W commits to serve both the commercial and residential areas of the franchise. We intend to continue to develop and cultivate a solid, long term relationship with Newport Beach and to constantly strive to provide the best product we can to our subscribers. T-1 t Comparison of Rates Group W Community Cablevision Installation $19.95 $34.95 Basic Service (Primary) 11.50 14.95 (Converter Required) Basic Service (additional) 4.00 2.60 Converter 1.50 - -- Premium Channels (Primary) HBO 10.95 12.55 Cinemax 10.95 12..55 Showtime 10.95 12.55 Disney 10.95 11.50 :1 Z 10.95 - -- On /Select - -- 17.80 Premium (additional 2.00 4.15 /,3- �'c s J. Donald S. McNutt President May 9, 1986 Mr. Kenneth J. Deliuo Executive Assistant City of Newport Beach P. O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Deliuo: s( Community Cablevision Company hereby requests an expansion of its franchise area to include the area described in the attached boundary description. Also enclosed is a map on which the expanded area is identified. It is assumed that all terms of the current franchise agreement and the City's ordinance will apply to this area. The following information Is provided to support our request and satisfy all requirements of Section 5.44.170 of the City's CATV ordinance: a) Community Cablevision Company (CCC) 1061 Camelback Street Newport Beach, California 92660 b) Surveyors map enclosed - if any CATV system is built by CCC in the additional area requested, services provided will be consistent with the terms and conditions of the existing franchise agreement. c) Rates and charges for services will be consistent with those in effect for all other areas covered by CCC franchise. d) All permits and contracts wilClIfe negotiated prior to initiation of construction and copies will be provided to the City. e) Areas served and names and addresses of officers - attached. f) Statement attached. Enclosed is our check for $1,000 to cover the City's required fee for requesting a franchise. If yo!., ?have any questions or require additional Information, please Ix Enclosures ,` / S 1061 Camelback Street. Newport Beach, California 4265Cy714) 720 -2046 AREAS SERVED BY COMMUNITY CABLEVISION COMPANY: Irvine Portions of Newport Beach Portions of Tustin OFFICERS OF COMMUNITY CABLEVISION COMPANY: DON McNUTT President Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 TERRY CORDELL Director of System Operations Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 STUART GROMAN Controller Commualty Cablevision Company 1071 Camelback Street Newport Beach, California 92660 JANIS WALKER Director of Marketing and Community Relations Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 Ak /'% 1071. Camelback Street, Newport Beach, Calitaritla 92660 • (714) 7202620 May 9, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevision Company (a wholly owned subsidiary of The Irvine Company) has operated cable systems in the Cities of Newport Beach since 1967, Tustin since 1973 and Irvine since 1977. There is a total of approximately 450 plant miles in the three systems. The funds required to build and maintain this plant and to meet new construction requirements are generated from the internal resources of Community Cablevision Company and its parent company whose references are attached. We appreciate the opportunity to work with you to develop cable television availability for your residents. Sincerely, jGStuarroman Controller 13 1071 Camelback Street, Newport Beach, California 92660 •(714) 7202020 ;cuss May 9, 1986 Gentlemen: Please accept the following financial references for The Irvine Company: Mr. Christopher J. Warmuth Vice President SECURITY PACIFIC NATIONAL BANK 333 South Hope Street Los Angeles, California 90071 Telephone: (213 613 -5349 Mr. Erich H. Goodbody Vice President WELLS FARGO BANK 660 Newport Center Drive Newport Beach, California 92660 Telephone (714) 973 -3746 Mr. Richard L. Gabel Vice President BANK OF AMERICA 525 South Flower Street Los Angeles, California 90071 Telephone: (213) 228 -4133 NOTE: The SIC Code that Dun and Bradstreet has assigned to The Irvine Company is 6552. Stuart Groman Controller / 1071 Cametback Street t4ewpod Beach, CalAanla 92660 • (714) 7202020 c. cHUiI' CABLE . f V W Cam, he., A &bsdary of RICHARD J. WATEAMAN WESTINGHOUSE BROADCASTING AND CABLE. INC. RICHARD W Affairs 150 EL CAMINO REAL SUITE 200. TUSTIN. CA' 92680 Play 15, 1986 Mayor Philip Maurer and Members of the. Newport Beach City Council 3300 Newport Avenue Newport Beach, CA 92661 Dear Mayor Maurer and Councilmembers: In accordance with the provisions of Section 5.44.170 of the Municipal Code of the City of Newport Beach, Group WCable, Inc. hereby submits an application for a franchise area recently annexed to the City of Newport Beach, known as the Bayview Project. The following underlined excerpts are the requirements container in the Municipal Code for a 'franchise application. (a)' The name and address of applicant. Group W Cable, Inc. 888 Seventh Avenue New York, NY 10106 (b) A general desc: otion of applicant's proposed CATV tenter ze map of areas to be served. We propose to provide the same facilities and services we currently offer to subscribers in our existing Newport Beach franchise area. The tentative map of the new area, known as the Bayview Project, and a legal description of this area is attached. (c) A statement or schedule in a form approved by the City of proposed rates and charges to subscribers for installation and services, and a copy of proposed service agreement between the grantee and its subscribers shall accompany the application. The proposed rates and charges to subscribers and the proposed service agreement are those currently in .effect in our existing Newport Beach franchise area. A copy of the rate schedule and service agreement are attached'. � ,4 y. io Newport Beach City Coun* May 15, 1986 Page 2 (d) A co public u as Doles or use between the Copies of our existing pole attachment agreements with Southern California Edison and Pacific Bell are attached. (e) A statement of of Ms. If a f and such in such of a listing of other areas be ise is granted to a person, tion is not disclosed in th by the City Council. served by CATVor Group W Cable, Inc., a New York, corporation, is a wholly-owned subsidiary of Westinghouse Broadcasting and Cable, Inc., an Indiana corporation, which, in turn, is a wholly - owned subsidiary of Westinghouse Electric Corporation, a Pennsylvania corporation. Westinghouse Electric Corporation's stock is publicly traded on the New York Stock Exchange. A copy of the 1905 Westinghouse Annual Report is attached, which contains the information relative to Group W's officers and directors. Also attached is a listing of other areas being served by Group W Cable, Inc. Westinghouse has entered into an agreement to sell all of the stock of Group W Cable, Inc. to American Television and Communications Corporation;. Century Southwest Cable Television, Inc.; Comcast Corporation; Daniels & Associates, Inc.; and TCI Holdings, Inc. (or their designated affiliates or assignees). Comcast Cablevision of California will become the operator and owner of Group W's Newport Beach cable system. The City of Newport Beach approved the foregoing on April 14, 1986, pursuant to Resolution No. 86-25. This franchise application is being submitted with the understanding that the same ownership structure would apply and be authorized in the new franchise territory. (f) Applicant shall also furnish a financial statement as to the company's or to CATV Attached is the 1OK for Westinghouse for 1985. I believe that the foregoing statements, plus attachments hereto, and our enclosed application fee of $1,000.00, as provided in Section 5.44 -.172, include all requirements of the City of Newport Beach Municipal Code for a franchise application. However, if additional information is required, please contact me or our system manager, Mike McDonald. Sincerely, ichard Waterman D rect, ;,Corporate Affairs RJW:It cc: Mike McDonald Jim Bequette' 2 i Norman Nelson Group W Newport Beach Rate Card installation Basic Service (Primary Basic Service (Additional) Converter Premium Channel (Primary) Premium Channel (Additional) 1�% -zz' $19.95 11.50 4.00 1.50 19.95 2.00 THSaaem 12/7/66 ORDINANCE NO, t199 AN ORDINANCE OF THE CITY OF NEWPORT BEACH GRANTING TO WARNER BROS. TV SERVICES, INC. A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN SAID CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1, Definitions. Wherever in this ordinance the following words or phrases are used, they shall have the respective meanings assigned to them in the following definitions, and words or phrases not defined in this section which are defined in any franchise document shall have the same meaning in this ordinance assigned to them in such fran- chise document, unless the context in which they are used shall clearly indicate a different meaning: (a) "City/° shall mean the City of Newport Beach in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. (b) "Council" shall mean the present governing body of the City, or any future board constituting the legislative body of the City. (c) "Person" shall mean any individual, firm, partner- ship, association, corporation, company or organization of any kind. (d) "Grantee" shall mean Warner Bros. TV Services, Inc., a Delaware corporation, its employees, agents, successors and assigns (e) "Community Antenna Television System" or "CATV System" shall mean a system of antennae, coaxial cables, wave guides, poles, wires, underground conduits -, manholes and other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, radio or other service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as pay television, (f) "Subscribers" shall mean any person or entity receiving for any purpose the CATV service of the Grantee herein, (g) "Gross Annual Receipts" shall mean any and all com- pensation in the form of gross rental and/or service receipts, including initial installation charges, received directly or in- directly from subscribers or users in payment for CATV services received within the City., Gross annual receipts shall not include any taxes on services furnished by the Grantee imposed directly on any sub- scriber or used by any city, state or other governmental unit and collected by the Grantee for such governmental unit. (h) "Franchise Area" shall mean the territory within the City throughout which Grantee shall be authorized to constructs I maintain and operate its system and shall include any enlargements thereof and additions thereto, (i) "Franchise Documents" shall mean and shall include all of the following- (1) Article XIII of the Charter of the City of Newport Beach. (2) Chapter 5.44 of Title 5 of the Newport Beach Municipal Code as the same now exists or as it may hereafter be amended. (3) Any and all rules and regulations governing the operation of CATV Systems within the City of Newport Beach which are adopted by the City Council. (4) The written acceptance of CATV Franchise filed with the City by the Grantee. (j) "Street" shall mean the surface of and the space above and below any public street, road, highway, freeways lane, 20 ' • i path, alley, court, sidewalk, parkway, or right of way whether or not improved, now or hereafter existing as such throughout the City. SECTION 2. Grant of Franchise. There is hereby granted to Warner Bros. TV Services, Inc., a Delaware corporation, by the City a nonexclusive franchise to con- struct, erect, operate and maintain, in, upon, along, across, above, over and under the public streets, alleys, public ways and public places, now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, manholes and other tele- vision conductors, appurtenances and fixtures necessary or convenient for the maintenance and operation in the City of a community antenna television system to transmit television and FM radio signals, within the franchise area described as followsa All of the territory within the boundaries of the City of Newport Beach as such boundaries exist on the effective date of this ordinance, with the exception of the following ter- ritory. That portion of Blocks 51, 55, -56, 57, 929 93, and 96 of Irvine °s Subdivision in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps in. the office of the County Recorder of said County, described as follows: Beginning at the West corner of said Block 969 thence Southeasterly along the Southwesterly line of said Block 96 to the Easterly corner of Tract No. 673 as per map recorded in Book 20, Pages 17 and 1.8 of Miscellaneous Maps, said corner being also an angle point in the boundary of the 'Harbor View Annexation to the City of Newport Beach as established by City Ordinance No. 8969 thence Northeasterly along said boundary to an angle point in the boundary of Annex- ation No. 57 to the City of Newport Beach as estab- lished by Resolution No. 6203, dated August 9, 1965, of the City of Newport Beach Council and amended by Resolution No. 6247, dated November 8, 1965, said point being the Southwesterly terminus of that certain course described therein as 'North 440 56' 20" East 114.30 feet" thence generally Northeasterly and North - westerly along said boundary to the Easterly right of way Line of MacArthur Boulevard, 100.00 feet wide as described in the deed recorded in Book 1047, Page 557 of Official Records; thence generally Northerly along said Easterly right of way line being also the boundary of Annexation No. 50 to the City of Newport 3. Beach as established by City Ordinance No. 999 to the Southeasterly line of said Block 56s thence South- westerly along said Southeasterly line being also said boundary of Annexation No. 50 to the Westerly right of way line of said MacArthur Boulevard; thence Northerly along said Westerly right of way line being also the boundary of the Jamboree Road Annexation to the City of Newport Beach as established by City Ordinance Noe 840 to the center line of Palisades Road, 80.00 feet wider as described in the deed re- corded in Book 1677, Page 98 of Official Records; thence Westerly and Northwesterly along said center line to the center line of Jamboree Road, 132000 feet wide, as described in the deed recorded in Book 6135, Page 1:55 of Official Records, thence generally South- westerly along said center line of Jamboree Road to the center line of State of California Highway Route ORA. 60-B9. 100000 feet wide, as described in the deed recorded in Book 487, Page 3 of Official Records; thence Easterly along said State Highway center line to the Southwesterly line of said Block 55 thence Southeasterly along said Southwesterly line and the Southwesterly line of said Block 93 to the point of beginning, The CATV system herein franchised shall be used and operated solely and exclusively for the purposes expressly authorized by ordinance of the City of Newport Beach and no other purposes whatsoever. SECTION 3. Nonexclusive Grant. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall, not be exclusives and the City reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the term of this franchisee SECTION 4. Term of Franchise. The term of this franchise shall be fifteen (15) years and shall commence at 12°01 P.M. on the effective date of this ordinance, provided that the Grantee has filed written notice of acceptance in accordance with the requirement of Section 10 of this ordinance. SECTION 5. Inclusion of Franchise Documents, All of the franchise documents applicable to this fran- chise are hereby incorporated by reference and made a part of this ordinance. By acceptance of this franchise Grantee agrees 4; to be bound by all of the terms, provisions and conditions contained in said franchise documents. SECTION 6. Indemnification of the City. Grantee agrees that it shall indemnify and hold harmless the City, its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of or related to the exercise or enjoyment of this franchise by Grantee, including claims, demands, actions, suits, liabilities and judgments based upon copyright infringement; Grantee further agrees that it will reimburse City for any costs and expenses incurred by City in defending against any such claim or claims, including attor- neys' fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, travel and living expense; Grantee further agrees that upon demand of the City it will appear in and defend any and all suits, actions, or other legal proceedings whether judicial, quasi - judicial, administrative, legislative, or otherwise, brought by third persons or duly constituted authori- ties against or affecting the City, its officers, boards, commis- sions, agents or employees and arising out of or pertaining to the exercise or enjoyment of such franchise, or the granting thereof by the City; the foregoing obligations shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other security required hereunder; provided that neither Grantee nor City shall make or enter into any compromise or settlement of any claim, demand, action or suit for monetary damages without first giving the other ten (10) days' prior written notice of its intention to do so. SECTION 7. Right of City to Adopt Additional Rules and Regulations. The right is hereby reserved to the City to adopt, in 5. addition to the provisions contained in this ordinance and in any other applicable ordinances and resolutions, such additional regu- lations as it shall determine to be necessary or convenient in the exercise of the police power. SECTION 8. Prohibited Activities of Grantee. Grantee shall be prohibited from directly or indirectly doing any of the following; (a) Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets, radios or other receiving apparatus, or any part or component thereof. (b) Providing any repair service to its subscribers, for a fee or otherwise, which extends beyond the connection of its service and the determination by Grantee of the quality of its signal to its subscribers. (o) Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to any specific named persons, firms or corporations engaged in any business which Grantee is prohibited from engaging in by the provisions hereof. (d) Transmitting or presenting any programs or events for which a separate and distinct charge is made to the subscribers in the manner commonly known and referred to as "pay television ", and the Grantee shall not maintain or operate on any television set a coin box or any other device or means for the collection of money for individual programs. SECTION 9. Transfer of Franchise. This franchise shall not be sold, transferred, assigned, leased or otherwise disposed of in whole or in part by voluntary or involuntary sale, merger, consolidation., or otherwise, without the prior consent of the City Council expressed by resolution, and then upon such terms and conditions as the Council may pre - scribe. No sale, transfer or assignment shall be effective until 6. i e the vendee, assignee or lessee has filed in the office of the City Clerk an instrument, duly executed and approved as to form and content by the City Attorney, reciting the fact of such transfer, sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof, including any additional conditions required by the City Council. SECTION 10. Acceptance of Franchise. This franchise shall not become effective for any pur- pose unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council,. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the date of the adoption by the Council of this ordinance; anti, in default of the filing, of such written acceptance as herein required, Grantee shall be deemed to have rejected and repudiated the same; and thereafter, the acceptance of any such Grantee shall not be re- ceived by the City Clerk, and such Grantee shall have no rights, remedies, or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and then upon such terms and conditions as the Council may impose. SECTION 11, Acceptance Fee. The Grantee shall, upon the acceptance of this franchise, pay to the City, in consideration of the granting of this fran- chise, the sum of $2,000. SECTION 12, Annual Franchise Fee, The Grantee shall pay annually to the City during the 7. life of this franchise for the privilege of operating 'a CATV system under this franchise a sum equivalent to three per cent (3 %) of the annual gross receipts derived from its operations within the City. SECTION 13. Effective Date, This ordinance shall become effective 30 days from and after the date of its adoption; provided, however, that the fran- chise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 10 of this ordinance and delivers to the City all bonds and insurance policies required to be furnished in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 14. Publication. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the + „w day of w , 1966, and was adopted on the 27th day of , 196,_8 by the following vote, to wit: AYES, COUNCILMEN: parsoas. Rogers. Abarshau Porsdt. sheiton NOES, COUNCILMEN: Hga, ABSENT COUNCILMEN: Sak arnher ATTEST: i -y r ice Mayor 91 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 14, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: SALE OF GROUP W CABLE TV COMPANY TO COMCAST INC. Council Agenda Item No. F2(c) BY THE CITY COUNCIL CITY OF NEWPORT BEACH ACTION: Approve Resolution No. consenting to the sale and repealing Resolution No. 86 -22. APR 14 1986 BACKGROUND: This matter was approved by the City Council on March 24, 1986 by Resolution No. 86 -22. However, attorneys for Group W asked that some of the wording be changed to better reflect the "transaction" which had occurred rather than the "reorganization" which staff had referred to in the previous Resolution. Accordingly, a new Resolution is attached for approval. The previous staff report without attachments is attached. 1 ',0 L vl` 1 1' KJD:ets KENNETH J. DELINO Attachments w 7 -, "• RESOLUTION No. ' RESOLUTION OF THE CITY COUNCIL OAHE CITY OF NEWPORT BEACH CONSENTING TO THE SALE OF GROUP W CABLE, INC. PURSUANT TO SECTION 5.44.060(g) OF THE NEWPORT BEACH MUNICIPAL CODE AND REPEALING RESOLUTION No. 86 -22. WHEREAS, Group W Cable, Inc.. ( "Group W ") is the owner ® of the cable television system serving Newport. Beach, California; and WHEREAS, all of the stock of Group W is currently owned by Westinghouse Broadcasting.. .and Cable, Inc -. ( "Westinghouse "); and WHEREAS,. Westinghouse has entered . into an agreement to sell the stock of Group W to American Television and Communications. Corporation; Century Southwest Cable Television, Inc..; Comcast Corporation; Daniels & Associates, Inc.; and TCI Holdings, Inc. (or their designated affiliates or assignees); and WHEREAS, pursuant to this transaction, it is proposed that Comcast Cablevision of California. ( "Comcast ") will become the cable television .operator in Newport Beach;: and WHEREAS,. Section 5.44.060(g) of the Newport Beach • Municipal Code provides that a cable television. 'franchise can- not be sold, transferred or .otherwise disposed of., in whole or in part, by sale, merger, consolidation or otherwise, without . the prior consent of the City Council, expressed by resolution;. and WHEREAS, Group W and Comcast have .requested the City Council of the City of Newport Beach to consent to these trans- actions, as set forth in the .attached letters dated February 19, 1986 and March 3, 1986, attached hereto and marked Exhibit "A" and incorporated herein as though fully set forth at length; and WHEREAS, the City Council finds and .determines that the proposed transactions are in the best interests of the City of Newport. Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of • the City of Newport Beach, that pursuant to Section 5.44.060(g) of the Newport Beach Municipal Code, the City Council hereby consents to the subject transactions. BE ST FURTHER authorized and directed • olution to COMCAST CABL City of Newport Beach's BE IT FURTHER is hereby repealed. ADOPTED this ® ATTEST: City Clerk E RESOLVED that the City Clerk is hereby to send a certified copy of this Res - ]VISION OF CALIFORNIA, evidencing the prior consent to these transactions. RESOLVED, that Resolution No. 86 -22 day of 1986 Mayor Council Agenda Item No. F2(f) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER' March 24, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: TRANSFER OF CATV FRANCHISE ACTION: If desired, approve Resolution No. consenting to the reorganization of Group W Cable, Inc. BACKGROUND: Westinghouse Broadcasting and Cable, Inc. is selling the stock it owns in Group W Cable, Inc. to a group of five major cable operators. COMCAST will take over Newport Beach's franchise. The Municipal Code requires City Council approval of any transfer of a CATV franchise. Any proposed assignee must show financial responsibility and must agree to comply with the provisions of the Municipal Code. RECOMMENDATION: COMCAST has submitted a financial statement and has agreed to abide by the franchise agreement (see attach- ments). Staff has met with new management and is entirely pleased. The current local management and operations will remain in place. Current management is performing very well. Staff recommends approval of this transfer. KJD :ets Attachments I/ I M.tiu KENNETH J. DELINO 0 RESOLUTION No. 86 -25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONSENTING TO THE SALE OF GROUP W CABLE, INC. PURSUANT TO SECTION 5.44.060(g) OF THE NEWPORT BEACH MUNICIPAL CODE AND REPEALING RESOLUTION No. 86 -22., WHEREAS, Group W Cable, Inc. (" "Group W ") is the owner of the cable television system serving Newport Beach, California; and WHEREAS, all of the stock of Group W is currently owned by Westinghouse Broadcasting and Cable, Inc. ( "Westinghouse "); and WHEREAS, Westinghouse has entered into an agreement to sell the stock of Group W to American Television and Communications Corporation; Century Southwest Cable Television, Inc.; Comcast Corporation; Daniels & Associates, Inc.; and TCI Holdings, Inc. (or their designated affiliates or assignees); and WHEREAS, pursuant to this transaction, it is proposed that Comcast Cablevision of California ( "Comcast ") will become the cable television operator in Newport Beach; and WHEREAS, Section 5.44.060(g) of the Newport Beach Municipal Code provides that a cable television franchise can- not be sold, transferred or otherwise disposed of, in whole or in part, by sale, merger, consolidation or otherwise, without the prior consent of the City Council, expressed by resolution; and WHEREAS, Group W and Comcast have requested the City Council of the City of Newport Beach to consent to these trans- actions, as set forth in the attached letters dated February 19, 1986 and March 3, 1986, attached hereto and marked Exhibit "A and incorporated herein as though fully set forth at length; and WHEREAS, the City Council finds and determines that the proposed transactions are in the best interests of the City of Newport Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, that pursuant to Section 5.44.060(8) of the Newport Beach Municipal Code, the City Council hereby consents to the subject transactions. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to send a certified copy of this Res- olution to COMCAST CABLEVISION OF CALIFORNIA, evidencing the City of Newport Beach's prior consent to these transactions:. BE IT FURTHER RESOLVED, that Resolution No. 86-22 is hereby repealed. ADOPTED this 14th day of April , 1986 ATTEST: City Clerk /� %a� LM CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 24, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: TRANSFER OF CATV FRANCHISE ACTION: If desired, approve Resolution No. consenting to the reorganization of Group W Cable, Inc. Council Agenda Item No. F2(f) BY THE CITY COUNCIL CITY OF NEWPORT REACH MAR 24 1986 BACKGROUND: Westinghouse Broadcasting and Cable, Inc. is selling the stock it owns in Group W Cable, Inc. to a group of five major cable operators. COMCAST will take over Newport Beach's franchise. The Municipal Code requires City Council approval of any transfer of a CATV franchise. Any proposed assignee must show financial responsibility and must agree to comply with the provisions of the Municipal Code. RECOMMENDATION: COMCAST has submitted a financial statement and has agreed to abide by the franchise agreement (see attach- ments). Staff has met with new management and is entirely pleased. The current local management and operations will remain in place. Current management is performing very well. Staff recommends approval of this transfer. KJD:ets Attachments KENNETH J. DELINO 0 RESOLUTION No. 86 -22 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONSENTING TO THE REORGANIZA- TION OF GROUP W CABLE, INC. PURSUANT TO SECTION 5.44.060 (g) OF THE NEWPORT BEACH MUNICIPAL CODE. WHEREAS, Group W Cable, Inc., now a part of Westing- house Broadcasting and Cable Corporation, plans to reorganize; and WHEREAS, Section 5.44.060 (g) of the Newport Beach Municipal Code provides that a cable television franchise can- not be sold, transferred or otherwise disposed of, in whole or in part, by sale, merger, consolidation or otherwide, without the prior consent of the City Council, expressed by resolution; and WHEREAS, COMCAST has requested the City Council of the City of Newport Beach to consent to the reorganization, as set forth in the attached correspondence dated March 3, 1986, attached hereto and marked Exhibit "A" and incorporated herein as though fully set forth at length; and WHEREAS, the City Council finds and determines that the reorganization into COMCAST CABLE COMMUNICATIONS, INC., a parent company, is in the best interests of the City of Newport Beach. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, that pursuant to Section 5.44.060 (g) of the Newport Beach Municipal Code, the City Council hereby consents to subject reorganization. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to send a certified copy of this Resolu- tion to COMCAST CABLE COMMUNICATIONS, INC., evidencing the City of Newport Beach's prior consent to the merger. ADOPTED this 24th dgX of March , 1986 ATTEST: Comcast Cable - Communications, Inc. One Belmont Avenue Bala Cynwyd, PA 19004 215 667 -4200 C®MCAST March 3, 1986 Mr. Kenneth J. Delino Executive Assistant to City Manager City of Newport Beach 3300 Newport Boulevard, P. 0. Box 1768 Newport Beach, California 92663 Re: Cable Franchise Transfer Dear Mr. Delino: This letter is written in reference to Comcast's plans to purchase a portion of the stock of Group W Cable, Inc. and thereafter to own and operate the cable system in the City of Newport Beach, California. As has been communicated to you previously, Westinghouse Broadcasting and Cable, Inc. is selling all of the stock of Group W Cable, Inc. to a group of buyers, including affiliates of major cable operators such as Comcast, American Television and Communications, Inc. (ATC) and Tele- Communications, Inc. (TCI). Closing of this transaction is expected in June, 1986. Group W Cable, Inc. will continue to own and operate the cable system serving the City of Newport Beach. However, the stock of Group W Cable, Inc. will be owned by these buyers instead of Westinghouse Broadcasting and Cable, Inc. The 'buyers intend to allocate the Group W Cable cable communications systems among themselves at or after the time of their acquisition. Under the plan of allocation, the cable communications system serving the City of Newport Beach will be owned and operated by Comcast Cable- vision of California, a Partnership. On behalf of both the buyers and the Comcast Partnership which will become the owner of the City of Newport Beach cable system, I am authorized to accept the terms of the Franchise Agreement. If you have any questions concerning the foregoing, please do not hesitate to raise them with me. Very truly yours,�_� Robert B. Clasen President RBC /mm EXHIBIT "A" 0 • COMCAST COR F=P OM^-rI0N ONE BELMONT AVENUE. • BALA- CYNWYE), PENNSYLVANIA 19004 • (215) 667 -4200 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10 —Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d') OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarter Ended September 30, 1985 Commission file number 0 -6983 name (State or other ,jurisdiction e incorporation or organization) as ex I.R No.) Registrant's telephone number, including area code (215) 667 -4200 Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding twelve months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such requirements for the past 90 days. Yes X No Indicate the number of shares outstanding of each of the issuer's classes Of common stock, at September 30, 1985: Class A Common Stock, 41 par value 18,147,925 Class B Common Stock, $1 par value 3050,000 COMCAST'CORPORATION AND SUBSIDIARIES FORM 10—Q Quarter Ended September 30, 1985 INDEX Page Number PART I. FINANCIAL INFORMATION Item 1. Financial Statements Condensed Consolidated Balance Sheet September 30v 1985 (Unaudited) and December 31, 1984 1 — 2 Condensed Consolidated Statement of Operations and Retained Earnings Nine and Three Months Ended September 30, 1985 and 1984 (Unaudited) 3 Condensed Consolidated Statement of Changes in Financial Position Nine Months Ended September 30, 1985 and 1984 (Unaudited) 4 Notes to Condensed Consolidated Financial Statements (Unaudited) 5 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 6 — 9 PART II. OTHER INFORMATION Item 6. Exhibits and Reports on Form 8—K 9. S COMCAST CORPORATION AND SUBSIDIARIES FORM 10 -Q Quarter Ended September 30, 1985 Part I FINANCIAL INFORMATION Item 1. Financial Statements Assets Current Assets Condensed Consolidated Balance Sheet Page 1 (Dollars in thousands) September 30, December 31, 1985 1984 (Unaudited) N- Cash and short -term investments $187.428 $120,820 Accounts receivable, less allowance for doubtful accounts of $1,329 and $913 7,079 39973 Other current assets 9,771 8,184 Total Current Assets 204,278 132.977 Short -Term Investments - designated 1,989 Investment in Affiliates 36,551 12,176 Property and Equipment 159,014 148,256 Less accumulated depreciation 61,581 50,517 97,433 97,739 Deferred Charges 15,192 13,221 $353,454 $258,102 =ZC===Z= =====Cc= See notes to condensed consolidated financial statements ■ • 0 CONCAST CORPORATION AND SUBSIDIARIES Page 2 FORM 10 -Q Quarter Ended September 30, 1985 Condensed Consolidated Balance Sheet - Continued (Dollars in thousands) September 30, December 31, 1985 1984 (Unaudited) Liabilities and Stockholders' Equity Current Liabilities Accounts payable and accrued expenses $ 16,643 $ 19,002 Accrued interest 4,654 2,755 Subscribers' advance payments 3,845 3,752 Income and other taxes. 1,261 1,299 Current portion of long -term debt 5,012 30481 Total Current Liabilities x31.415 30,289 Long -Term Debt, less current portion - - --- 195,756 __ _ - -- 126,117 Deferred Income Taxes 17,461 15,318 Minority Interest in Subsidiary 1,609 19692 Stockholders' Equity Class A Common Stock, $1 par value Authorized 80,000,000 shares Issued 19,099,927 shares and 16,925,067 shares 19,100 16,925 Class B Common Stock, $1 par value, Authorized 10,000,000 shares Issued and outstanding 3,150,000 shares 3,150 39150 Additional capital 41,896 27,194 Retained earnings 43,581 37,931 ------ — 107,727 ------ — 85,200 Less 952,002 Class A Common Stock in Treasury - at cost 514 514 107,213 - 84,686 $353,454 $258,102 See notes to condensed-consolidated financial statements COMCAST CORPORATION AND SUBSIDIARIES Page 3 FORM 10 -0 Quarter Ended September 30, 1985 Condensed Consolidated Statement of Operations and Retained Earnings --------------°°-------°°--° °°-°--°-°-°°°- °-°--- -°°-°--°- -- - - »_ (Unaudited) Service Income Costs and Expenses Operating Selling, general and administrative Depreciation and amortization Interest (income) expense, net of interest (expense) income of ($12,140); $6,906; ($4,615) and $2,777 Earnings Before Income Taxes Income Taxes Net Earnings Retained Earnings Balance - beginning of period Dividends declared Balance - end of period Earnings per Share Primary Fully diluted Weighted Average Number of Common and Common Equivalent Shares Out- standing During the Period Primary Fully diluted Dividends Declared Per Share (Dollars in thousands, except per share data) Nine Months Ended Three Months, Ended September 30, September 30, 1985 1984 1985 1984 $86,700 $75,807 $29,983 $26,322 35,929 32,112 12,421 11,020 26,947 17,253 11,952 5,823 12,249 10,536 4,142 3,502 ( 600) 2,172 ( 179) 659 74,525 62,073 28,336 21,004 12,175 13,734 1,647 - 5,318 4,870 5,769 554 2,234 7,305 7,965 1,093 3,084 37,931 27,208 43,162 31,419 ( 1,655) ( 1,041) ( 674) ( 371) $43,581 $34,132 $43,581 $34,132 $ .36 $ .42 $ .05 $ .16 $ .36 $ .40 $ .05 $ .15 20,530 19,035 21060 19,102 20,544 21,698 21,360 21,769 $ .08 $ .05 $ .03 $ .02 See notes to condensed consolidated financial statements CONCAST CORPORATION AND SUBSIDIARIES FORM 10 -Q Quarter Ended September 30, 1985 2 Condensed Consolidated Statement of Changes in Financial Position --- °------------ - - - --( -- - --- -- --- --- --- -- --- - ----- Unaudited) Page 4 (Dollars in thousands) Nine Months Ended September 30. 1985 1984 Source of Funds Operations Net earnings $ 7.305 $ 7.965 Add noncash items Depreciation and amortization 120249 10.536 Deferred income taxes 2,142 3.839 Funds provided by operations 21,696 22,340 Proceeds from long -term borrowings 93.353 16.334 Issuance of common stock upon conversion of debentures 16,625 Proceeds from exercise of stock options 252 221 Utilization of short -term investments - designated 1,989 5.372 Increase in current liabilities 1,126 9,754 1350041 54,021 Application of Funds ----- -- ------- Additions to property and equipment, net 10,858 11,685 Increase in investment in affiliates 24.375 15,146 Retirement of bonds upon conversion to common stock 17.385 Repayment of long -term debt and change in current maturities 6,329 5,328 Dividends declared 1,655 1,041 Increase in accounts receivable and other current assets 4,693 2,413 Increase in deferred charges 3,055 928 Minority interest in subsidiary 83 68,433 36,541 Increase in Cash and Short -Term -- ----- - --- --- Investments $66,608 $17,480 See notes to condensed consolidated financial statements y COMCAST CORPORATION AND SUBSIDIARIES Page 5 Notes to Condensed Consolidated Financial Statements (Unaudited) Quarter Ended September 30, 1985 1. Condensed Consolidated Financial Statements The condensed consolidated balance sheet at December 31, 1984 has been condensed from the audited financial statements at that date. The condensed consolidated balance sheet at September 30, 1985, the condensed consolidated statement of operations and retained earnings for the nine and three months ended September 30, 1985 and 1984, and the condensed consolidated statement of changes in financial position for the nine months ended September 30, 1985 and 1984 have been prepared by the Company without audit. In the opinion of manage- ment, all adjustments (which include only normal recurring adjustments) necessary to present fairly the financial position, results of operations, and changes in financial position at September 30, 1985 and for all periods present- ed have been made. Certain information and note disclosures normally included in the financial statements prepared in accordance with generally accepted accounting principles have been concensed or omitted. It is suggested that these condensed consoli- dated financial statements be read in conjunction with the financial statements and notes thereto included in the Company's December 31, 1984 Annual Report on Form 10 -K filed with the Securities and Exchange Commission. The results of operations for the period ended September 30, 1985 are not necessarily indicative of operating results for the full year. 2. Earnings Per Share Primary earnings per share is computed based on the weighted average number of shares outstanding plus shares issuable under stock option plans, reduced by the shares which could be purchased with the assumed proceeds from stock option shares. The primary earnings per share does not give effect to the conversion of convertible subordinated debentures when such debentures are not considered common stock equivalents or have an antidilutive effect on earnings per share. Fully diluted earnings per share assumes conversion of all debentures unless antidilutive. 3. Common Stock and Additional, Capital The financial statements and all share and per share data have been retroactively adjusted for the three -for -two stock split effected by a 50% stock dividend on June 27, 1985. /O L COMCAST CORPORATION AND SUBSIDIARIES Page 6 FORM 10-0 Quarter Ended September 30, 1985 I Liquidity and Capital Resources s Cable communications is a capital intensive business requiring continual financing for development and expansion. For the nine months ended September 30, 1985, capital expenditures were approximately $11,000,000. The Company's anticipated capital expenditures for 1985 (excluding any expenditures relating to the Philadelphia franchise and the acquisitions described below), are estimated to be $15,000,000 which will include expenditures to complete construction, expansion and modernization of various cable communications systems. On September 30, 1985 the Company acquired all of the assets of two corpor- ations which operate the cable communications systems serving the residents of the City of Pontiac and Waterford Township, Michigan. The aggregate purchase price was approximately $24,000,000. The Company intends to finance this acquisition through a non- majority awned joint venture or limited partnership and has used its own resources until this financing is arranged. The Company has included the acquisition as an investment in affiliates on the Company's balance sheet. In the event the Company does not finance this acquisition by these methods, the Company will use its own resources and will reclassify the assets acquired to the appropriate balance sheet classifications. A partnership comprised of two subsidiaries of the Company has been awarded a franchise, and on September 12, 1985 executed a definitive franchise agree- ment, to construct and operate a cable communications system in the Northeast quadrant of the City of Philadelphia. The Company has committed to provide up to $60,000,000 to the partnership if funds are not otherwise available. On June 24, 1985 the Company entered into a letter of intent to acquire all of the outstanding capital stock of Citizens Cable Communications, Inc. ( "Citizens "), which operates the cable communications systems serving the residents of the Fort Wayne, Indiana area. The aggregate purchase price (including existing debt of $16,000,000) is approximately $62,000,000, subject to certain adjustments contained in the letter of intent. The consummation of the acquisition, anticipated to occur by January 31, 1986, is subject to various conditions, including the execution of an acquisition agreement, approval of the transaction by Citizens' shareholders, approval of the transfer of the systems' franchises by the franchising municipalities, approval of the transfer of certain licenses by the FCC and the expiration or termination of specified waiting periods under Federal anti -trust law. COMCAST CORPORATION AND SUBSIDIARIES Page 7 FORM 10 -Q Quarter Ended September 30, 1985 The Company may finance the Philadelphia franchise and the Citizens acquisitions discussed above through borrowings and /or the participation of a partner or partners in a joint venture or limited partnership. In the event the Company does not use these financing techniques the Company will be obligated to meet these commitments using its own financial resources. In the event the financing of the Philadelphia franchise or either of the acquisitions discussed above is through a non — majority owned joint venture or limited partnership, the entity's results of operations will be included in the Company's results of operations to the extent required by the equity method of accounting. The Company expects that it will manage the business of the entity and receive management fees in such a case resulting thereto. Otherwise, the results of operations of the entity will be consolidated with the Company's results of operations, which may have a negative impact on those results. The Company's ability to generate cash adequate to meet its needs depends on its results of operations and on the availability of external financing. gunds provided by operations of $21,696,000 and $22,3400000 for the nine months ended September 30, 1985 and 1984, respectively and of $5,478,000 and $7,492,000 for the three months ended September 30, 1985 and 1984, respectively, include net earnings plus noneash charges thereto such as depreciation, amortization and deferred income taxes. External sources of funds includes issuance of securities to the public and funds available under bank lines of credit. It generally has been the practice of the Company to finance a significant portion of capital expenditures for the acquisition, construction, development and expansion of its cable communications systems through the proceeds of long —term indebtedness on a project basis, The Company intends to continue this practice. In addition, the Company may consider various other financial transactions, including joint ventures, partnerships and the issuance of securities to finance these expenditures. On August 99 1985 the Company issued $50,000,000 convertible subordinated debentures due in 2000 "eurobonds ". The eurobonds bear interest at 7% per annum and are convertible beginning March 139. 1986 into class A common stock of the Company at $23.875 per share. At September 30, 1985, the Company had unused sources of liquidity, consisting principally of cash and short —term investments of approximately $187,0009000 and funds available under various bank lines of credit and capital lease commitments of approximately $93,000,000. COMCAST CORPORATION AND SUBSIDIARIES Page 8 FORM 104 Quarter Ended September 30, 1985' Results of Operations The growth in service income is attributable to (a) the increase in subscribers in cable communications systems; (b) the increase in the number of Pay Cable subscriptions; (c) higher rates in effect for both basic cable and Pay Cable services; (d) partnership and management fees; and (e) the growth in sound communications' service income due to continued increases in the number of customers, increased rates and increased revenues from commercial sound contracting services. Growth in service income is expected to continue. Operating expenses have tended to rise along with the growth in service income. The most significant portion of these increased expenses arose from the cost of providing programming services to subscribers. In addition, charges from suppliers of non —Pay Cable satellite services have begun to increase. Increased depreciation expense is a result of increased additions to property and equipment. These trends are expected to continue. Reoccuring selling, general and administrative expenses have tended to -rise along with the growth in service income. On July 30, 1985, the Company's offer of July 16, 1985 to the Board of Directors of Storer Communications Incorporated ( "Storer ") to acquire Storer was not . accepted. Included in selling, general and administrative expenses is approximately $5,000,000 representing the Company's estimated liability for the payment of fees and expenses relating to the offer. The after tax effect on net income is approximately $2,500,000 reducing earnings per share by approximately $.12 for the nine and three months ended September 30, 1985, respectively. Net interest income for the quarter ended September 30, 1985 is due primarily to ,gains on sale of short —term investments, higher levels of short- term investments earning interest income in 1985 and the reduction of interest due to conversion of bonds. This was offset by increased interest expense due to higher levels of debt outstanding in 1985. For the nine months ended September 30, 1985 the effective income tax rate decreased to 40% from 42% for the nine months ended September 30, 1984. The effective income tax rates for 1985 are expected to be less than the 46% statutory rate primarily due to the use of investment tax credits and greater investment in tax free securities. The percentage decrease in earnings per share is greater than the percentage decrease in net earnings primarily due to an increase in shares outstanding from the completion on August 15, 1985 of the conversion of $22,500,000, 8% convertible subordinated bonds into class A common stock. 13 ! r COMCAST CORPORATION AND SUBSIDIARIES FORM 10 -Q Quarter Ended September 30, 1985 Page 9 The results of operations and operating margins of recently constructed cable communications systems reflect higher overall construction and operating costs resulting from the effects of inflation, the introduction of modern and more complex technology necessary to provide subscribers with the increasing variety of cable services and the more expensive devices placed in customers, homes to modify television receivers to accommodate such increased variety and quantity of cable services. In addition, expenses of a new cable communications system are a greater percentage of service income than those of a mature system as many fixed costs are incurred prior to the time the system is fully developed. Thus, new systems generally have a short. -term adverse effect on profits. Item 6. Exhibits and Reports on Form 8 -K (a) Exhibit 11 - Schedule of Computation of Earnings Per Share. w (b) There were no reports filed on Form 8-K during the three months ended September 30, 1985. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the under- signed thereunto duly authorized. Date: November 11, 1985 /y COMCAST CORPORATION ----------- ---- -- -- -- - - - -- -, (Registrant) Vice President and Financial Officer COMCAST CORPORATION AND SUBSIDIARIES EXHIBIT 11 Schedule of Computation of Earnings Per Share (in thousands, except per share data) Hine Months Ended Three Months Ended September 30, September 30, 1985 1984 1985 1984 PRIMARY Net Income ` 7,305 f 7,965 1,093 $ 3.084 == ===az z = =s==o = ====z= ==== ==a Weighted average number of common shares outstanding 199866 189472 20,677 180494 Add: Common equivalent shares representing shares issuable upon exercise of employee stock options 664 563 683 608 Weighted average number of shares used in calculation of primary earnings per share 20,530 19,035 21,360 19,102 = _= =- -_ __-__" ------- ---- =-- Primary earnings per share .36 $ .42 E .05 E .16 FULLY DIL4JTED Net Income $ 7,305 ; 7,965 $ 1,093 t 3,084 Plus - interest on conversion of debentures net of applicable income taxes 686 229 Net Income for fully diluted °----- - ---- -- ----- -- ----- — earnings per share $ 7,305 $ 8,651 Z 1,093 t 3.313 Weighted . average number of common shares outstanding 19,866 18,472 20,677 18,494 Add: Common stock equivalent shares representing shares issuable upon exercise of employee stock options using the greater of period and or average for the period stock prices. 678 588 683 627 Add: shares issuable upon conversion of debentures which have a dilutive effect on earnings per share 2,638 2,648 Weighted average number of shares used in calculation of fully diluted earnings per share 20,544 21,698 21,360 21,769 ===ZZZZ __ =___ Fully diluted earnings per share $ .36 $ .40 $ .05 E .15 a = == =g= _ = =_=__ Ir Comcast Cable. Communications. Inc. One Belmont. Avenue Bala Cynwyd, PA 19004 215.667 -4200 March 3, 1986 Mr. Kenneth J. Delino Executive Assistant to City Manager City of Newport Beach 3300 Newport Boulevard, P. 0. Box 1768 Newport Beach, California 92663 Re: Cable Franchise Transfer Dear Mr. Delino: This letter is written in reference to Comcast °s plans to purchase a portion of the stock of Group W Cable, Inc. and thereafter to own and operate the cable system in the City of Newport Beach, California. As has been communicated to you previously, Westinghouse Broadcasting and Cable, Inc.. is selling all of the stock of Group.W Cable, Inc. to a group of buyers, including affiliates of major cable operators such as Comcast, American Television and Communications, Inc. (ATC) and Tele- Communications, Inc. (TCI). Closing of this transaction is expected in June, 1986. Group W Cable, Inc. will continue to own and operate the cable system serving the City of Newport Beach. However, the stock of Group W Cable, Inc. will be owned by these buyers instead of Westinghouse Broadcasting and Cable, Inc. The buyers intend to allocate the Group W Cable cable communications systems among themselves at or after the time of their acquisition. Under the plan of allocation, the cable communications system serving the City of Newport Beach will be owned and operated by Comcast Cable- vision of California, a Partnership. On behalf of both the buyers and the Comcast Partnership which will become the owner of the City of Newport Beach cable system, I am authorized to accept the terms of the Franchise Agreement. If you have any questions concerning the foregoing, please do not hesitate to raise them with me. Very truly yours, a&V7, ?C4-t --- Robert B. Clasen President RBC /mm EXHIBIT "A" 901 WEST SIXTEENTH ST, NEWPORT BEACH, CA 92663 February 19, 1986 The Honorable Mayor Phillip Maurer Members of the City Council City Hall 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Maurer and Members of the City Council: llp f , CABLE Group W Cable, Ira, A'Subsdiary d' 'WESTINGHOUSE BROADCASTING.. AND CABLE, INC. As we have communicated previously, Westinghouse Broadcasting and Cable, Inc. is selling the stock it owns in Group W Cable, Inc. to a group of buyers including five cable operators. Group W Cable, Inc. will continue to own and operate the cable system serving your community; however, the stock of Group W Cable, Inc. will be owned by these buyers instead of Westinghouse Broadcasting and Cable, Inc. These buyers include affiliates of major cable operators such as ATC, TCI, Comcast, and others. A form of consent which describes this transaction in greater detail-and which identifies the buyers is attached for your review and consideration. As we have also discussed previously, the buyers intend to have one of the buyers of the stock have primary responsibility for the operation and management of the cable system which serves our customers and your constituents. The enclosed form of consent recognizes that designation and chain of responsibility and requests your approval of the ultimate transfer of franchise interests and system facilities to that particular responsible buyer or group. That request is being made now to avoid any delay in the future or confusion in the interim. As soon as you have had a chance to review this enclosure,, please give me a call. If you have any questions, I will resolve them promptly. We would like to complete the formal transfer requirements as soon as possible. I am available at your convenience to discuss an appropriate schedule for that to occur without unnecessary delay. Thank you for your consideration. Sincerely yours, Michael McDonald General Manager CC: Ruthelyn Plummer, Mayor Pro Team Councilwoman Jackie Heather Councilwoman Evelyn Hart Councilman Donald Strauss Councilman John Cox Councilman Bill Agee MM /lf EXHIBIT "A" Robert Wynn, City Manager Ken Delino, Assistant City Manager Robert Burnham, City Attorney 901 WEST SIXTEENTH ST., NEWPORT BEACH, CA 92663 Mayor & City Council Members City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor & Members of the City Council, t !�u? GE IABLE Group W Cable, Inc., A Subsidiaryry of WE BROADGASfIN0 AND CABLE, INC. August 30, 1985 a BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 23 1985 I am writing this letter to express my appreciation for your support in Group W's recent rate deregulation hearings in Newport Beach. We have taken great strides to improve our service to the residents of Newport Beach and I believe your vote has confirmed that you recognize and approve of the changes you have seen. Our commitment here at Group W is to continue striving for excellence and to provide the residents of Newport Beach with a total service that will be recognized as the best in the industry. I look forward to working with you as we proceed in this direction and am always available to assist in our area of expertise should the need arise. Once again, thank you for your understanding and support. �/ ro /0 Sincerely, Michael D. McDonald General Manager - Group W Cable of Newport Beach 7 Data G r p SEWN' 0 G ZCilmen imager Cat Attorney iw (`If 7. Dir. r -, Gelr sry Dir. o FS & R Dir. D Manning Dir. o Pence Chief 0 FIX. Dir b Omer • COUNCIL AGENDA NO. d- 2- BY TKCiii COUNCIL • CITY OF NEWPORT BEACH AUG261 °85 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 12, 1985 1 n,,( gP -ZL TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: Rgf€3'%ATj0N A.p CATV RATES„ Council Agenda Item No. D -6 .v.+nn .TS...M..r BY THE CITY COUNCIL CITY OF NEWPORT BEACH AUG 121985 iee ACTION: Open hearing, close hearing. If desired, approve Resolution No. granting, effective November 1, 1985, an increase in Basic Service Rates to Group W CATV Company. OR • Introduce Ordinance No. to amend Section 5.44.035 of the Municipal Code to de- regulate CATV Rates within the City. BACKGROUND: Group W CATV Company by letter dated June 18, 1985 (attached) has requested an increase in subscriber rates in accordance with procedures set forth in the Municipal Code. As of December 29, 1986, the City will no longer have the authority to set rates because the Federal Cable Communications Policy Act of 1984 has pre - empted such local authority. Cable operators shall have the ability at that time to set rates based on market conditions. The present request for a rate increase and an expected request from Community Cablevision in the next few months will likely be the last processed through the City. ANALYSIS: A summary chart entitled "Comparison of CATV • Rates" is contained on the following page. Further, two summary sheets displaying comparative rates for other Orange County cities are provided. (�-2 To: MAYOR AND CITY COUNCIL - Page 2 • Basic (12— channel) service differs significantly between Group W and Community Cablevision. Group W will provide 30- channel service without a converter box. (Most new TV sets are cable -ready and capable of receiving all 30- channels.) Community Cablevision, however, scrambles all channels except the basic 12- channels and requires a converter box for subscribers to receive the additional 18- channels. In effect, Group W no longer provides simple 12- channel reception. Two comparisons have been provided to analyze the rates requested by Group W. A. mean or average rate for all Orange County cities is computed for those rates for which information is available. Additionally, the existing Group W rates are increased proportionally to the increase in the Consumer Price Index (Los Angeles, Long Beach, All Urban Wage Earner) since the time the current rates were first set. The current $8.50 rate for basic services and the $14.95 rate for installation of the first outlet were set in February, 1976. Other rates have been established ® at various times since then. RECOMMENDATION: The service provided by Group W CATV has improved tremendously within the last 12 to 18 months'. These improvements are described in a letter dated July 12, 1985 from Michael D. McDonald, the local manager of Group W. Staff concurs that the courtesy, efficiency, and responsive- ness of Group W has improved tremendously in recent months. Despite an unfortunate set of circumstances surrounding the installation of above- ground pedestal boxes, Group W has been extremely accommodating and cooperative. Few if any complaints are received by this office regarding poor service or reception from Group W. Calls which have been received by this office have been referred to Mr. McDonald and virtually none of these callers required further action by this office. In the opinion of staff, Group W is now pro- viding a level of service equal to that provided by Community Cablevision. However, as indicated in the July 12, 1985 letter from Mr. McDonald, the rebuild of the Newport Beach System is not yet complete even though it is progressing at a good pace. • It is the preference of staff to have the rebuilt complete or nearly complete before granting a rate increase. Accord- ingly, the attached resolution authorizes the increase to take effect as of November 1, 1985 when the rebuild will be complete or nearly complete. 2 TO: MAYOR AND CITY COUNCIL - Page 3 ® Staff supports the increase in Group W rates to levels generally comparable to those of Community Cablevision. The recommended rates are indicated on the chart entitled "Comparison of CATV Rates." Staff recommends that all of Group W's requests be granted except that related to price for an additional outlet. As noted on the chart, Community Cablevision rates are only $2.50 and the existing Group W rate of $5.00 is twice as high. Also, the Group W $5.00 rate was approved in January, 1984 . and, accordingly, staff does not believe that any increase in that item is justified. An increase in the installation for the first outlet from $14.95 to $19.95 is justifiable for the reason that the $14.95 rate was instituted in February, 1976. • C J While staff believes that the requested rates are justified, it is recommended that the City Council in- stitute those rates, not by adopting a new Resolution, but by instead de- regulating the entire process and introducing an Ordinance to amend the Municipal. Code accordingly. Owing to market conditions and customer resistance, it is unlikely that Group W will increase the rates above those requested within the next year if the City relinquished its authority to regulate rates. The attached Ordinance provides that the new rates will not take effect until, the latter part of October, 1985. Because such de- regulation will be re- quired at the end of next year and to simplify administra- tive procedures, it is recommended that the City Council introduce for first reading the Ordinance de- regulating rates for CATV services within the City. Both an Ordinance and a Resolution are attached for appropriate City Council action. KJD :ets Attachments KENNETH DELINO COMPARISON OF CATV RATES Requested Existing Rates SERVICE Group W Comm CATV First Outlet Mean (Group W) Basic $ '8.50 $ 9.25 (12- channel) $ 8.66 $ Expanded $ 10.00 $ 14.25 Basic (includes (includes $1.50 for $2.50 for converter) converter) Converter $ 1.50 $ 2.50 Additional 14..2.5 Outlets Basic $ 5.00 $ 2.50 Expanded $ 6.50 $ 8.00 Basic (includes (includes $1.50 for $2..50 for $ 3.64 converter) converter) Installation 2.50 1st Outlet $14.95 $ 15.00 Additional $ 5.00 Outlet $ 10.00 $ 15.00 Reconnect. $ 10..00 $ - Relocate $ 1.4.95 $ 15.00 Extended Lines $ 10.00 $ 10.00 COMPARISON OF CATV RATES Requested Orange Co. CPI Justified .Recommended Group W Rate Mean (Group W) Rate $ 11.75 $ 8.66 $ 16.67 $ 11_75 (30- channel) . 14.25 $ 12.78 $ 18.57 $ 14..2.5 (includes $2.50 for converter) $ 2.50 $ 3.64 -$ .1..90 $ 2.50 $ 5..50 $ - $ 5..37 $ 5.00 $ 8.00 $. - $ 7.27 $ 6.00. (includes $2.50 for converter) $ 19.98 $ 20.50 $. 29.32 $ 19.95 • $ 10..00 $ - $ - $ 10.00 $ 10.0.0 $ - $. - $ 10.00 $ 14.95 $ - $ - $' 14.95 $ 10 .00 $. - $' - $ 10.00 CITY SYSTEMS (Continued) ® RATES Converter Tier 1 Tier 2 Tier 3 Tier 4 Rental /mo. Anaheim $7.50* $1..50 6.00 w/o con. 3.00 (remote) Brea 9.75 17.25* 5.00 (addressable) ® ena Park 6.95* 1.50 Installation Charge for Tier 1 $29.95 /single fam. 10.00 14.95 Costa Mesa 5.95* 8.95* Cypress 9.95* 11.95 3.99 (remote) 24.95 (aerial) (undergrd) Fountain Valley 12.50 Varies 6.50 19.95 Fullerton 7.95* 1.50 14.95 4.00 (add. for remote) Garden Grove 2.95 3.00 (remote) W/o converter 6.95* 9.95* 12.95 4.00 19.95 Huntington Bch. 12.5' Varies 6.50 19.95 Irvinel 8.95 12.95 Varies Laguna Bch. 9.00 3.50 15.00 La Habra 9.75 17,25* 10 -cable only 15- cable &conv. Alamitos 6.95 12.95 3.00 19.95 cable ready 9.95* otherwise Newport Bch. /GPW 10.00 CC 9.25 11.75 15.00 Orange 9.10 Placentia 9.95 2.95 (remote) 29.95 San Clemente /T -M 9.87 13.87 Storer 8.00 11.50 San Juan Cap. /T -M 12.25 Storer 10.00 13.50 Santa Ana Free2 3.95 6.95 11.95 N/C 41.00' Seal Beath 4.95 7.95 Stanton 12.50 Varies 6.50 19.95 Win Unavailable at this time Villa Park 6.00 1.50 15.00 aerial 25.00 undergrd. Westminster 12.50 Varies 6.50 19.95 Yorba Linda 9.20 11.70 1.00 15.00 *Includes converter rental. 1Community Cable is deregulated. 2Twelve channels all non - commercial 5 BD :bhsnd CCIO -16 -6 9 -25 -84 -10- C • • V SURVEY DATA Number of Channels Cost/ Community System Rate /Month Included Channel Rossmoor Rogers Cablesysiems $ 11.50 45 $ .255 Anaheim Storer Cable 10.25 33 .311 Cypress Copley Colony 9.95 43 ,231 Fullerton Group W 9.95 42 .237 Garden Grove Rogers Cablesystems 9.95 62 .160 Brea Century Cable 19.25 24 802 La Habra Century Cable .19.25 24 .802 Los Alamitos Rogers Cablesystems 11.95 62 .193 Orange American Cablevision of Orange 9.50 33 .288 Stanton Dickinson Pacific Cablesystems 12.50 34 .368 Seal Beach Group W 7.95 40 .199 South County Times Mirror (formerly Storer Cable) 14.48 27 .536 South County Times Mirror 13.95 29 .481 Tustin CommuniCom 9.00 21 .429 Santa Ana Group W 6.95 60 .116 Villa Park Storer Cable 7.50 33 .227 8 .8 bTf Average: $ 11.49 38.25 $ .300 ADDITIONAL SURVEY DATA Irvine Community Cablevision $ 14.25 36 .396 _ Newport Beach Communicy Cablevision 14.25 36 .396 Costa Mesa Copley Colony Cablevision 8.95 50 .179 Laguna Beach Times Mirror 13.95 30 .465 San Juan Cap. Times Mirror 12.95 29 .447 Times Mirror (formerly Storer Cable) 15.00 30 .500 San Clemente Times Mirror 13.70 29 .472' Times Mirror (formerly Storer Cable) 12.90 30 .430 $ 5.95 17-0 - Combined Survey $ 289.92 882 Combined Average $ 12..08 36.75 $ .329 S +'0.014 F 0 JUjl9 � q WD:nd CC12 -19 -37 7 -12 -85 orWEST SIXTEENTH ST., NEWPORT BEACH, CA 92663 Office of City Manager City of Newport Beach 3300 Newport Blvd. P.O. Box 1768' Newport Beach, CA 92658 -8915 Dear Ken, (ALL W CABLE Group W Cable, Inc A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE. INC. July 12, 1985 Jfitl6 < J,9$fi� As a followup to our request for a rate increase, this letter is intended to further amplify on the improvements and enhancements Group W has made within the last year and a half to improve service 0 o its Newport Beach customers. In May of 1984, Group W purchased new Rolm telephone system a a cost of $80K. This new system gave both office and service personnel more flexibility in being able to handle incoming customer calls. Construction for actually upgrading the existing cable plant serving Newport Beach began in the Summer of 1984, with the replacement of the first six amplifiers out of the headend. Since that time, approximately 50% of the system has been upgraded with an additional six channel capacity and improved picture quality and reliability. All of the penninsula is complete, along with all territory on the West side of the intersection at Pacific Coast Highway and Dover Drive being complete (except for Bay Shores). The cost for this construction has been just under 1.9 million dollars. Additionally, in January of 1985, the headend had been upgraded to include new Scientific Atlanta satellite receivers, modulators and processors; new off air VHF and UHF antennas; and new microwave receivers for regional ad sales channels and Z channel. Total costs for the headend upgrade ran $90K. This included the equipment to provide six new channels, five of which are presently on the -ystem. Other improvements which have been placed into effect are as follows: 3/85- A comprehensive preventative maintenance program was established as an ongoing effort to identify and correct problems before they become objectionable to the viewer. This is done through the use of a system sweep and has been very effective in decreasing service problems. 4/85- Phone answering procedures were changed in an effort 7 0901 WEST SIXTEENTH BY,, NEWPORT BEACH, CA 92663 AUIIP IV CABLE Group W Cable, Inc.. ASubsidiary of WESTINGHOUSE BROADCASTING AND CABLE. INC to decrease the number of calls abandoned or not able to get through to the system. Phone answering staff was also increased by 30% to improve performance in that area. The result after the first two months was a 60% decrease in abandoned calls. For June, our average abandonment rate was 7% of all incoming calls (this included during outages). 6/85- Installation staff size was doubled to improve service in that area. On the average, we have been able to do installations within four working days and intend to improve that to three working days. Overall, our service department presently responds to calls within 24 hours and has averaged for the past three months doing 30 -40% same day service calls. Our average service rate for the last three months has been under 4% of our total subscriber base. All of this has been accomplished while we are in the midst of upgrading an active cable system. n summary, I feel that it is very evident that Group W Cable has made ome very strong commitments to Newport Beach and is backing those commitments up with the appropriate action. A great deal of both capital and operational expense has already been incurred in .improving our Newport Beach operation. Presently we have requested an additional appropriation of $900K more towards the upgrade, which further points toward Group W's commitment to provide the City of Newport Beach with a top quality system. It is important now that Group W be allowed to increase its rates to start getting a return on its investment, an action which will simply allow us to further solidify ourselves as a business in the community.. Group W looks forward to a stronger relationship with the City through performance and asks your serious consideration of all of the facts presented in relation to our rate increase re- quest. cc: Jim Bequette em a Sincerely, �(�4t�' Michael D. McDonald General Manager Group W Cable of Newport Beach ORDINANCE NO. 85 -22 AN ORDINANCE OF THE CITY COUNC I L OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.44.035 OF THE NEIVPORT BEACH MUNICIPAL CODE 4WkR,&a'Uh"1 -KG RATES - AND -DES _ ,.FOR T11LEV I' SI ON SECTION 1. The City Council of the City of Newport Beach finds and declares as follows: The City Council of the City grants franchises within the City for the operation of Community Antenna Television (CATV) services. The City Council is enabled by the Terms of the Franchises and by Section 5.44.060 of the Municipal Code to amend the ordinances governing such franchises. The Federal Cable Communications Policy Act of 1984 prohibits any franchising authority from regulating the rates for CATV service after December 29, 1986. The City Council has determined that the public good shall be served by the exercise of the police power to amend the Municipal Code to include sections regarding the Regulation of Rates and Service relating to CATV. SECTION 2. The City Council DOES ORDAIN as follows: Section 5.44.035 of the Newport Beach Municipal Code is hereby amended to read as follows: -1- 5.44.035\ REGULATION OF RATES AND SERVICE (a) The City Council shall, at all times and from time to time during the term of any franchise granted hereunder, have the power to and shall adopt and enforce and Grantee shall conform to rules and regulations of the Council governing and establishing reasonable rules, regulations and standards of performance pertaining to the system of Grantee. (b) The rates and charges for those services included under the definition "Non Basic Services" and "Basic Subscriber Services" as defined herein shall not require City Council review and approval. The Grantee shall, however, provide the City with sixty (60) days' prior written notification of any new rates or charges associated with "Non Basic Services" or "Basic Subscriber Services" to be provided within its franchise area. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach 'held on the 12thday of August , 1985, and was adopted on the 26th day of August , 1985 by the following vote: ATTEST City Clerk AYES, COUNC I LMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Mayor -2— 0 Author=ed to Publish Advertisements of all kinds Including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September. 1961. and A- 24831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange v de< Nobu Ad snrq corm by m,r Mhdipml is yr n 7 print •Th 10 PKS cdlumn . Ih I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of Public Hearinf -7 of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for ± consecutive weeks to wit the issue(s) of 198 198_ 198- 198 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 25 198 s_ at Costa Msa, Califf rnia. „l �JV n J2,f, 1 Signature 0 PUBLIC NOTICE PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing to consider granting a rate In- crease to GROUP W (Com- munity Antenna Television NOTICE IS HEREBY FURTHER GIVEN that said Public hearing will behold on the 12th day of August, 1985, at the hour of 7:30 P.M.. In the City Hall Council at and be heard Published Orange Coast Daily Pilot July 25. 1985 Th -171 i • PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing to consider granting a rate increase to GROUP W (Community Antenna Television Franchisee). NOTICE IS HEREBY FURTHER GIVEN will be held on the 12th of August, 7:30 p.m., in the City Hall Council Boulevard, Newport Beach, CA 92663, interested persons may appear and b MY 11e74 M�tr i �utio L ! sj1, t�! File NP. i�sCi e.m' } tit:;; r� Buft it Board * -; � .� 7/ y / that said public hearing 1985, at the hour of Chambers, 3300 Newport at which time and place heard thereon. WANDA E. RAGGIO, CITY PLERK CITY OF NEWPORT BEACH 6 PUBLIC HEARING NOTICE 0 NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing to consider granting a rate increase to GROUP W (Community Antenna Television Franchisee). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 12th of August, 1985, at the hour of 7:30 p.m., in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663, at which time and place interested persons may appear and be heard thereon. n Z; i WANDA E. RAGG10, CITY 2L'RK CITY OF NEWPORT BEACH PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing to consider granting a rate increase to GROUP W (Community Antenna Television Franchisee). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 12th of August, 1985, at the hour of 7:30 p.m., in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663, at which time and place interested persons may appear and be heard thereon. WANDA E. RAGGIO, CITY CLERK CITY OF NEWPORT BEACH -i- 0 0 ( �4Z), CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER July 22, 1985 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: PUBLIC HEARING RE: CATV RATES The Municipal Code requires that the attached Resolution of Intention be approved in order to set the required public hearing. i 1 KJD:ets Attachment Council Agenda Item No. F -10(b) BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 221985 RESOLUTION NO. 85 -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OF ITS INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER A RATE INCREASE REQUEST BY GROUP 'W CATV COMPANY FOR BASIC SUBSCRIBER SERVICES RE: CABLE TV SERVICES. WHEREAS, Section 5.44 of the Newport Beach Municipal Code provides among other things, that the holder of a community antenna television franchise may request an increase in its rates and charges for basic subscriber services; and WHEREAS, Section 5.44.035 of the Newport Beach Municipal Code provides that prior to authorizing any change for rates or charges by said holder, the City Council shall first adopt a Resolu- tion of Intention to do so and fix a time for a public hearing for consideration of the matter; and WHEREAS, Group W CATV Company has requested an increase in its basic subscriber services rates as follows: Primary Outlets Basic (30 Channel) Expanded Basic Additional Outlets Basic (30 Channel) Expanded Basic Other Monthly Rates Converter Rental Installation Charge 1st Outlet $11.75 $14.25 $ 5.50 $ 8.00 $ 2.50 $19.95 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing to consider the request of Group W CATV Company shall be set for the 12th day of August, 1985, at the hour of 7:30 p.m., in the Council Chambers located at City Hall, 3300 Newport Boulevard, Newport Beach, California to consider the above request; and i BE IT FURTHER RESOLVED that the City Clerk be and hereby is directed to publish this Resolution of Intention, at least once within 15 days, following its :adoption and mail a copy of same to the holder of said community antenna television franchise within the City of Newport Beach. ATTEST: City Clerk Adopted this 22nd day of July Mayor , 1985 i 901 WEST SIXTEENTH ST., NEWPORT BEACH. CA 92663 BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 8 1485 Honorable Mayor Maurer and Members of the Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, GA 92658- 8915 Honorable Mayor Maurer and Members of the Newport Beach City Council: G MIL (om) 'L // WwN�`�,✓ Yv' CABLE Group W Cable Inc.. A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE, INC.. June 18, 1 . Group W Cable of Newport Beach has served the citizens of Newport Beach under this name since April of 1982 and for years prior to that under the name of Teleprompter, Inc. Due to the large capital invest- ment that has recently been made to upgrade service and expand channel capacity plus the increased cost of operations due to inflation, Group W is formally requesting approval of a rate increase for its services within the Newport Beach franchise area effective September 1, 1985. As a background to this request, there have only been two rate increases granted within the past 10 years to this system. Below is a table recapping those rate increases: Present (as of 1/1/83) 1/1/76 Monthly Service 1st outlet $8.50 $8.50 converter rental $1.50 --- additional outlet $4.00 $1.75 Installation Charges lst outlet $14,95 $14.95 additional outlet $10.00 $ 5.00 reconnect $10.00 $10.00 relocate $14.95 $ 9.95 extended lead $10.00 --- Note that within the past 9 years, the cost of basic service has only increased $1.50 to cover converter costs and the installation charge for the first outlet has not increased at all. The cost of 'living as gaged by the Consumer Price Index has increased 37.5% in the last 5 years (1980 -1984 per the Bureau of Labor Statistics). Honorable Mayor Maurer and Members of to Newport Beach C'it�Council June 18, 1985 Page 2 i We are presently 50% complete on the upgrade of the city and anticipate completion of the project by August 31, 1985 barring any unforeseen problems. This upgrade, which will include a channel expansion to 35 channels, will provide 6 additional channels for our basic viewers plus a considerable improvement in picture quality throughout the city. (Enclosed is our current lineup). Group W has also within the last year upgraded the telephone system in order to better serve our customers. Capital expenditures within the past 2 years to improve operations in Newport Beach have exceeded $2 million dollars and are expected to top out at $2.9 million. Group W also feels that it is important to point out our continued. committment to utilize our local origination department for coverage Of various affairs within the community. This committment goes beyond just covering the regular city council meetings but also embraces local activities of interest to the community. As an example, we have aired numerous series relating to businesses within the city and are presently preparing to film and broadcast the Newport Beach Beauty Pageant in mid July. As I am sure the city is 'well aware, Group W Cable has committed to providing a first class system fox the City of Newport Beach and is diligently proceeding in that direction. In order to operate properly and continue to improve the system, it is imperative that the company be granted a rate increase to cover the increased cost of operations. Group W feels that its service in Newport Beach is as good as that of our competition and therefore merits equivalent rates. The now in a competitive situation in certain company is that equal opportu e city and feels nity for areas of the should be sanctioned. On that basis, the following proposed rates, which presently apply are submitted to the to our competition, City of Newport Beach for approval: Monthly Service Basic Service (30 Converter rental Additional outlet Installation Charges lst outlet channel) - $11.75 - $ 2.50 - $ 5.50 - $19.95 All other basic charges will remain the same as presently in force. Group W looks forward to providing the city of Newport Beach with continued quality service, a committment which is evidenced by the vast improvements made to the operation and the significantly decreased number of service calls we are now receiving. I cc: Bob Wynn - Ken Delino Very truly yours, Q0. Michael D. McDonald J General Manager - Group W City Managers/_ : °Cable ofNewport Beach'-" ASST St- 8ntx't b` -rh c: ra« jgS:`%,� • • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 11, 1985 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: GROUP W ..OATV REBUILD 029 COUNCIL AGENDA ITEM N0, J -1 B'f THE CITY COUNCIL CITY OF NEWPORT ffftr I MAR 11 !985 ACTION: If desired, direct that the Group W CATV Company install flush- mounted vaults rather than pedestals within the City. BACKGROUND: In response to numerous complaints over many years about the poor quality of the CATV system, Group W has embarked upon a complete rebuilding of its system within the City. The rebuilding process began in November', 1984 and should continue until August, 1985. A combination of above ground and underground facili- ties is being installed and /or replaced. With an emphasis upon long term reliability, Group .W has been installing above ground pedestals to house the primary connections. Such pedestals are considered to be the best protection against water damage which has been a major problem with the older system. An attempt has been made by Group W to place the pedestals in unobtrusive locations, however there are some areas of the City where such locations do not exist. In recent weeks, many complaints have been received from homeowners in the Mariner's area who object to the aesthetic appearance of the pedestals in open locations. This matter requires City Council direction. Repre- sentatives from Group W CATV Company will be available at the City Council meeting to answer questions. KENNETH J BY THE CITY COUNCIL ALAN 1. WHITE y� GD CITY OF NEWPORT BEACH 3200 PARK ENTER DRIVE, S "T7 to! POST OFFICE 30H oOBO l.�.� p? (� MAY 141984 COSTA MESA, CALIFORNIA 9 26 �� ��JJJ'11L1 A• O April 17, 198 ��Oi`��/� �I Newport Beach City Council 3.300 Newport Boulevard ` i• ��JQ Newport Beach, California 92660 , N Re: Complaint Against Group :W Cable's Gentlemen: I. am writing this letter just to go on record to indicate the horrible service I have been receiving with Group W Cable TV. I live at 1112 Somerset Lane, Newport Beach. My system has been working badly to poorly for the past several months. I have had numerous calls for repair service and it seems that the repairs work for about a week before the picture again becomes poor. Further, it takes usually a week to ten days before servicemen actually come to the house. For example, last week I called on Thursday evening reporting problems. Having heard nothing, I called again on.Monday morning. I was told that the first available service call was on Thursday. For the frequency of poor reception, it seems to me that their whole system is in need of substan- tial repair. I do not know whether Group W credits my account for the time I get poor reception or not. I would cer- tainly think they should. WALAN Y Yours, I. WHITE AIW:jb cc: Group W Cable 'Oo is wo a8 ` T. C 00 Oppl6 ,. c M❑❑ ❑croon 901 WEST SIXTEENTH ST- NEWPORT BEACK CA 92663 1,14) 6315259 BY THE CITY COUNCIL CITY OF NEWPORT BEACH Alan I. white MAY 14 1984 1112 Somerset Street Newport Beach, CA 92660 Dear Mr. White: OROLIP IM COUNCIL AGENDA No GABLE Group W Catie Inc., . A Subsidary e. WESTINGHOUSE .BROADCASTING AND CABLE. iNC. April 25, 1984 Responding to your letter of April 17, 1984, I.understand that your service call scheduled for April 19, was cancelled by you because your service was improved after we worked on our distribution lines in your area previous to your scheduled appointment. Group W 1as recently committed the Newport Beach system to a $2 million dollar rebuild of its plant facilities. The contracted work has already started. This will correct the technical problems you have been experiencing of late and will serve to reinforce our committment to our customers to provide better service. Please feel free to contact me personally, should you find it necessary. BP /lw cc: Newport.Beach City Council Ken Delino m 61-1.. D C clmen z nager Ct Attorney E] Bldg. Dir. u GenSery Dir. 0Pa &RDir. E] Piannin Dir. p Police Chief OP. . Dir hr 3 Sincerely, Beverly Peterson General Manager 4. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 23, 1984 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant Ll COUNCIL AGENDA ITEM N0, F_9(b) By THE CITY COUNCIL CITY OF NEWPORT BEACH APR 23 1984 SUBJECT: BACKGROUND: The City Council at its Study Session of March 12, 1984 at the request of Mayor Hart (see Attach- ment 1) directed this office to prepare an ordinance to prohibit overground cables for Cable TV where such cables have been underground. A draft ordinance was prepared (see Attachment 2) and submitted to the City Attorney's office for review. Investigation by that office, as explained on.Attachment 3, revealed that such an ordinance would contravene existing State legislation and existing City franchise agreements with the electrical utility company. RECOMMENDATION: On the basis of the findings of the City Attorney's office, it is recommended that the City Council discontinue consideration of the subject ordinance. KL4J] NO KJD:mm attachments (3) ft AttagiWent 1 City of Newport Beach Office of the Mayor March 12, 1984 STUDY SESSION TO: CITY COUNCIL ITEM NO. 8 FROM: Mayor SUBJECT: CABLE TV UNDERGROUND CABLES BACKGROUND: It has come to my attention that some areas of the City, where Cable TV cables are currently underground, may be rebuilt with overground cables. Current City ordinances allow cables to be over - ground where other utilities, such as telephone and electric, are also overground. Consequently, Cable TV companies have the option, in certain parts of the City, to replace underground cable with overground cables. DISCUSSION: I believe such actions could be detrimental to those-neigh- borhoods where residents tolerated the inconvenience of the construction of underground cables with the hope of a compensating decrease in the number of overhead cables, RECOMMENDATION: I recommend that the Council direct the City Manager to develop for City Council review an ordinance to prohibit overground cables for Cable TV to be erehted in areas where such cables are or have been underground. EVELYN R. HART Mayor ERH /jab Attachment i e • Atta V � D R A F T Add to M.C. 5.44.090 Location of Grantee's Properties: (d) In those areas and portions of the City where CATV transmission and distribution facilities are or have been constructed, operated, and maintained underground, and where both the transmission and distribution facilities of the public utility providing telephone service and those of the utility providing electric service are aboveground, the Grantee shall continue to maintain its transmission and distribution facilities underground whenever a. petition, of more. than 50 percent of the property owners directly adjoining any segment of above- ground facilities which is 2500 feet or more in length and upon which CATV trans - mission and distribution facilities are proposed to be erected,. has.been filed with, and verified by, the City Clerk stating that such property owners object to the discontinuance of underground CATV trans- mission and distribution facilities. Attachment 2 3 ttachment 3 MEMORANDUM OFFICE OF THE CITY ATTORNEY April 5, 1984 To: Ken Delino, Executive Assistant From: Robert D. Gabriele - Assistant City Attorney Re: Amendment to NBMC 5.44.090 Restricting Placement of Cable T.V. Facilities on Preexisting Utility Poles. The proposed amendment would prohibit CATV from placing any of its facilities on preexisting public utility poles whenever more than 508 of the property owners, directly adjoining the existing public utility poles object. Although, pursuant to NBMC 5.44.060, the City Council has authority to amend `the ordinance regulating cable T.V'., and ` thereby bind CATV to any such regulations, it is the opinion of this office that the proposed amendment would be inconsistent with the position taken by the State Legislature in the Public Utilities Code. Specifically, the State Legislature stated that the public utility poles were to be made available to cable television companies, by staging as follows: "The Legislature finds and declares that it is in the interest of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corporations." Further, the proposed restriction would :interfere with the rights of Southern California Edison to rent available and surplus space on its utility poles. Such rights are created and confirmed in the Public Utilities Code, State Franchise Act and the Franchise Agreement entered into with the City of Newport Beach in 1947. Attachment 3 21 Therefore, it is the recommendation of this office, based upon the legal considerations herein set forth, that the City refrain from pursuing amending NBMC 5.44,090 as proposed. If you have any questions, please a4yise. k RDG /dt cc; Opinions MEB /De lino S Robert D. 8abriele A V. , MARRZ 1984ow Beverly Peterson, General Manager Group W Cable 901 W. 16th Street Newport Beach, Calif 92663 Dear Ms Peterson: • (42,J) March 19, 19BYTHE CITY COUNCIL CITY OF NEWPORT BEACH APR 091984 AWn 1 o� Thank you for your letter of March 6th in response to mine of March 1. We did not order pay TV for only one set. That was never discussed. When we first purchased cable services, we also rented multiple cable boxes for television sets located in different rooms - so that we would have some options in the event we did not agree on one program. We have subsequently purchased from Group W }he use of three pay channels. There are three of us in the family. le have three elevision sets located in three different rooms, using the three cable boxes we have rented. It seems clear that we should be able to receive the three pay channels on the three different sets or, at the very least, that we should receive one pay channel on each of the sets. The.way it is now, we only receive one pay channel at a time, despite our paying for three cable boxes and three pay channels. This is the problem with a locality franchise to only one cable TV channel. Would you please reconsider your decision? V truly, Hbbert C. Todd 4703 Seashore Drive Newport Peach, Calif 92663 P.S. It would also be nice if you would give us advance notice that you are going to do a station change. I enjoyed our local channel, Ch. 56. Without inquiry, or notice, you substituted aoCler' channel. How do you know if your viewers wanted that change? cc: Newport Beach City Council FCC PUC (� b r6 S$ .. >V''��`�.amco�gga � .5 ®�i�ab000aaoo� � :Z 0 901 WEST SIXTEENTH ST.. NEWPORT BEACH. CA 92663 (714) 6315259 Robert Todd 4703 Seashore Drive Newport Beach, CA 92663 Dear Mr. Todd: ROLIP CABLE Groo W Cable, !no.. A Sutsidory of WESTINGHOUSE BROADCASTING AND CABLE. INC March 6, 1984 Responding to your letter of March 1, 1984, the added rates on your billing were $1.50 each for rental of each converter box. The reason you have the three movie channels on your primary set and not on the other two sets is that your order was for movie pay services on only one set, for which you are being billed. If you should desire any of the pay services added to your other two sets, please call our sales number 631 -5259 or stop by the office and we will be glad to accommodate you. BP /lw If I can be of further assistance, please lest me know. Sincerely, Beverly Peterson General Manager 901 WEST SIXTEENTH ST NEWPORT BEAC'1 CA 92663: (714) Robert Todd 4703 Seashore Drive Newport Beach, CA 92663 Dear Mr. Todd: 610LIP IM IV T CABLE Group W Cable Inc. A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE, INC: �' y�y�,pc�rynF 9p� 4a`13f4Cy r April 2, 1984 Iwo 4 In response to your letter of March 19, 1984 your original order of June 7, 1974 was for two basic service outlets with two converter units. On November 11, 1982 you placed an order for a 3rd outlet and Showtime, Z Channel and HBO to be programmed on one outlet. As I stated in my letter of March 6, 1984 you have been billed the last year for three basic outlets and three pay services. I'f you should want any of the existing pay services removed from your primary outlet and placed on any of the other sets or if you prefer additional pay services on the two remaining outlets we would be happy to accomo- date your needs (Customer Service - 646 -0586 or Sales - 631 - 5259). UHF Channel 56 (KDOC') has not been substituted but had been on our cable channel 23 and was moved to cable channel 30 in order for us to offer our viewers cultural programming of Nickelodeon /Arts on chan- nel 23. Both channels 23 and 30 carried our message of the change for one week. I'f for any reason I have not answered your inquiries to your satisfaction, please do not hesitate to contact me personally. Sincerely, `overly Peterson General Manager BP /lw CC,. Newport City Council FCC AIgA s �� March 1T, -1 Cy = Honorable Mayor and Members of the City Council: �® �! The undersigned are concerned about the visual blik N that would result from moving cable TV facilities from underg to the utility poleax. We understand that in 1966 a section 5.44.090 "Location of Grantee's Properties" was placed in the Municipal Coda, but that it was repealed in 1981. We request the enactment of anew and stronger section 5.L4-090 which requires that the grantee shall "construct, operate, and maintain all of its transmission and distribution facilites underground. Amplifiers in granteets transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Director of Public Works of the City." (Quoted from the former section 5.44.090.) Although this exact wording may no longer be appropriate, we would appreciate your help in finding the best method to ke g�YCOUNCII cable TV off the utility poles. CITY BY OF NEWPORT BEACH Thank you, UM M, i N 93 ( � v K-) ; Lek 1 G 6.. , M Z GD O ❑CIOOO❑ �C� ..J t<�Z {�;° L�'i L ✓✓ X44'! - L� l7cv�,�5. L,li� �✓ l CT it( �GI March 11, 1984 Honorable Mayor and Members of the City Council: The undersigned are concerned about the visual blight that would result from moving cable TV facilities from underground to the utility poles. We understand that in 1966 a section 5.".090 "Location of Grantee's Properties" was placed in the N;unicipal Code, but that it was repealed in 1981. We request the enactment of a new and stronger section 5.L,4.090 which requires that the grantee shall "construct, operate, and maintain all of its transmission and distribution facilites underground. Amplifiers in granteets transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Director of Public Works of the City." (Quoted from the former section 5.44-.090.) Although this exact wording may no longer be appropriate, we would appreciate your help in finding the best method to keep cable TV off the utility poles. t i SI� 5 Thank you, zz �. L z, 1 \o C 1c, 1S iS �r6 15 fI5 CIA., March 11, 1964 Honorable Mayor and Members of the City Council: The undersigned are concerned about the visual blight that would result from moving cable TV facilities from underground to the utility poles. We understand that in 1906 a section 5.44.090 "Location of Grantee's Properties" was -laced in the kunicipal Code, but that it was repealed in 1981. We request the enactment of a new and stronger section 5-{4-090 which requires that the grantee shall "construct, operate, and maintain all of its transmission and distribution facilites underground. 'Amplifiers in grantee's transmission and distribution lines may in appropriate housings upon the surface of the ground as approved by the Director of Public Works of the City." (Quoted from the former section 5.14.090.) Although this exact wording may no longer be appropriate, we would appreciate your help in finding the best method to keep cable TV off the utility poles. f` 5 Ilixt LI Thank you, A-D 5 V IW_I ` CITY NE'► O g AC , Q 0 1984® City of Newport Beach Newport Beach California 92663 Dear Council Members: n 9 Keith 0. Burnham 47 Linda Isle Drive Newport Beach California 92660 March 20, 1984 As a rule, I do not write complaining about various them in the local paper. COUN f1 AUNpd N0 , letters to the City and others issues. I prefer to read about However, I feel it my duty, since reading the articles in the newspaper, to submit the feelings of myself and also my family with respect to the Group W..Cable Company. It is my feeling that great discretion should be given to any renewal of this firm within the city for the following reasons; 1. Unavailability by phone if there is a question about billing. Either no answer or busy all of the time....Very unsatisfactory. 2. Many mistakes made on billing. 3. Severe amount of "Down Time" which is most frustrating. This usually lasts from one hour to one day. But, it is frequent. 4. Unqualified individuals answer phone and are not able to give answers. My family in another part of Newport Beach have Cable T.V. and have no such problems or they are minimal. Since we really do not have an option as to a competitor, I would think that the City would utilize great caution in re- newing a contract when the above conditions persist unless they show marked signs of improvement. Thank you for your consideration to the above and I am grateful for this fine City and the good work done by the various departments within the City.. Sincerely, ? j l_ Keith 0.- Burnha�a- -7 c.c. Group W. Cable Company .. ...... .. . . ee- -ov L. ee 4zz.2 k;A, GEL 4 MROFtyTT'RQO'IVENUE NEW PMT BEACH CA 926 1 SSENTTO: tQr ocilmon lager � CGS i DW., Dir. 3/2/84 Randall Sanderson 849 Promontory Drive West Newport Beach, CA 92660 Newport Beach City Council PO Box 1768 Newport Beach, CA 92663 Dear Council: BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 121984 ,T. r BEY,;,, caCN, 9 MAR 5 1984 Please convince Group W that paying $ 34.75 per month for poor quality cable service and being told that some day they will replace the old cable, amplifiers and that there is nothing they can do about "Z° channel dissapearing intermitantly is unacceptable. Also convince them that waiting on hold for great lengths of time and being promised that a service person will get in touch with you (2 times out of 8 ) is frustrating. And force them to have 24 hour service personnel instead of a phone service that placates you and gives your complaint to people who rarely call back. And when they do they tell you about the old trunk lines, amplifiers and that there is nothing they can do about it. I have complained at least a dozen times and given up. I don't know what you can do about it, maybe revoke their franchise or something but it has been a year of complaining on my part with no results. Thank you for your efforts. Yours truly, 17 Morns Bldg. D r. ® GenSery Dir. GT PB & R Dir. p Planning Dir. d Police Chiief ❑ P. Dir Lip an 6iSr`$'B,. =n f BY THE CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER FEB 2 71984 February 13, 1984 TO: T MAYOR AND CITY COUNCIL FROM: Executive Assistant. SUBJECT: CABLE; -TV,,-ORDINANCE COUNCIL AGENDA ITEM N0. BY THE CITY COUNV CITY OF NEWPORT f ",* FEB 131984 ACTION: Hold Hearing, Close Hearing; 0.3q- 5 1 if desired, introduce to secneef�u No. and passe to second rea.dzn( on February 27, 1984. X11 BACKGROUND: Complaints of poor Community Antenna TV (CATV) service, specifically related to Group W, have been received by the. City in great numbers over the past few years. A recent article in the December- January Citizens' Reporter Newsletter asking for general comments on CATV has resulted in the receipt by the City of dozens of additional complaints, copies of which are attached. The most prevalent complaint (which also has been cited by members of the City Council) relates to the inability of subscribers, first, to contact the CATV company and, second, to schedule a service call. Subscribers complain of either perpetually busy telephones, being placed on interminable hold, or service appointments scheduled several weeks in advance. The level of complaints has decreased somewhat from what it was in past years but, in the opinion of staff, it still remains high. Commitments by the CATV company to rebuild the aging system, which is the root of most problems, have not been fulfilled, despite a rate increase granted in November 1982. AUTHORITY OF CITY COUNCIL: The City Council is enpowered to adopt both rules and regulations and to amend the ordinances which govern CATV Franchises. Section 5.44.060 of the Muni- cipal Code relating to CATV reads: "(b) The grantee is subject to all requirements of the ordinances, rules, regulations, fees and specification of the City, heretofore or hereafter enacted or established." (emphasis added) Furthermore, resolutions of the City Council granting CATV Franchises include the following section: E ' ` Z TO: VR AND CITY COUNCIL - Pag� "SECTION 7. Right of City to Adopt Additional Rules and Regulations. The right is hereby reserved to the City to adopt, in addition to the provisions contained in this ordinance and in any other applicable ordinances and resolutions, such additional regulations as it shall determine to be necessary or convenient in the exercise of the police power." BASIS FOR RECOMMENDATION: The proposed ordinance amendment requires CATV companies to maintain telephone capability adequate to answer complaints, requires that most service calls be made within twenty -four (24) hours and in no case more than seventy -two (72) hours, requires that complaint logs be kept, and requires testing in response to numerous or persistent complaints. The amendment also calls for a penalty of up to $1,000 for each failure to comply. This ordinance is similar to those of other cities and is very similar to that of the City of Irvine, which also franchises the same Community Cablevision that serves portions of Newport Beach. The proposed amendment, in the opinion of staff, will give the City additional authority to improve the quality of CATV service to the residents of Newport Beach. COMMENTS FROM CATV COMPANIES: The two City franchised CATV companies, Group W and Community Cablevision., in.October 1983, were sent drafts of the ordinance and were asked to comment. Community Cablevision submitted comments, some of which are incorporated into the recommended amendment. Not recommended are comments by Community Cablevision requesting that 1.) testing be limited by reference to certain FCC ('Federal Communications Commission) Technical standards, 2.) costs for testing beyond those standards be negotiated between the CATV company and the City, 3.) the penalty be reduced to $500.00. In the opinion of staff, the $1,000 amount provides more flexi- bility to the City Council in determining penalties. Also, staff believes that if equipment is sufficiently deteriorated to elicit subscriber complaints, then the testing and repairs should not be bound by any technical standards and that the CATV company should be financially responsible for testing done in response to subscriber complaints. Group W submitted no written comments, and staff was told verbally by the local manager that none were forthcoming. A meeting on January 25, 1984, between staff, Councilman Maurer, and Richard Waterman, District Manager of Group W, to discuss the proposed amendments, yielded no written response by the date of this writing. TO: • R AND CITY COUNCIL - -Page 3 3' The proposed ordinance to amend the Municipal Code is attached. KENNETH J. DELINO KJD:mm attachment y 0, CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 13, 1984 TO: MAYOR AND CITY COUNCIL FROM': Executive Assistant SUBJECT: CABLE TV ORDINANCE - Response to Comments from GROUP W SUPPLEMENT TO COUNCIL AGENDA ITEM 140, D -6 The staff report on the Cable TV Ordinance was prepared before receipt of the letter from Group W, which is attached'. Responses to each comment are as follows: COMMENT: City does not have unilateral right to amend the Municipal Code. Addressed in original staff report under "Authority. of City Council." COMMENT: Telephone Capability Language The intent of this section is to require CATV companies to announce via a telephone recording whenever a system -wide disruption occurs. Admittedly, the language could be clearer and the following amendment is recommended: Section 5.44.071 "(b) Grantee shall maintain the toll free telephone number or numbers which are provided within the City, pursuant to this Chapter, in good working order and shall provide the tele- phone recording capability to announce system- wide service disruptions during the times when such disruptions occur." COMMENT: Add "to the extent practical." The sections referred to already include in the introduction the words "...excepting circumstances beyond the control of the Grantee." The addition of the words, "...to the extent practical.., ", would, in the opinion of staff, increase the discretion of CATV companies contrary to the intent of the proposed amendment. TO: MAYOR AND CITY COUNCIL - Page two COMMENT: Delete words relating to written notification. This comment relates to a. section, contained in an earlier draft, that has been deleted in the recommended amendment. COMMENT: Delete penalties.. G KENNETH J�DELINO KJD:mm attachment The penalty provisions are intended to add to the City's enforcement authority. E A 888. W. Santa Ana Blvd., Suite 260, Santa Ana, CA 92701 (714) 835 -5857 February 7, 1984 Kenneth J. Delino Executive Assistant P.O. Box 1768 Newport Beach, CA 92663- 3884 Re: Proposed Dear Mr. Delino: to GRIP W GABLE Group W Cable, Inc., A Subsidiary at WESTINGHOUSE. BROADCASTING 0 to Communit On behalf of Group W Cable, Inc. and as you requested, Group W has reviewed the proposed changes to the City of Newport Beach's Municipal Code relating to Community Antenna Television. As we have advised you in the past, Group W does not believe that the City of Newport Beach has the unilateral right to amend Chapter 5.44 of the .Municipal Code. However, in an attempt to reach a mutually agreeable solution to the City's concerns and to further the spirit of cooperation we believe has existed between Group W and the City, we are willing to work with the City in reaching a mutually agreeable compromise. However, our conduct in this regard is without prejudice to Group W's position that the City does not have the unilateral right to amend the Municipal Code. We have the following comments on the proposed changes to the ordinance set forth in your October 12, 1983 letter. 5.44.071 Maintenance of Services Subparagraph (b): Delete "and shall provide the telephone capability to announce system -wide service disruptions during the times when such disruptions occur." As worded, this would literally require Group W to call each and every customer whenever there is an outage, whatever the cause. Such a requirement is very expensive, burdensome, impracti- cal, and virtually impossible to comply with. Subparagraph (c): Add the words "Except for circumstances beyond the control of grantee, and to the extent practical. . ". Without this limiting language, there are absolute time requirements which must be met when it may not be possible to do so depending upon the malfunc- tion at issue. Cont. 3 Kenneth -J. Delino February 7, 1984 Page (2) 11 5.44.072 Subscriber Complaint Procedures Subparagraph (b): Add the words "except for circumstances beyond the control of grantee, and to the extent practical ". Once again, the absolute requirement may not be able to be met depending upon the type of malfunction. Subparagraph (e): Delete the subparagraph. For the reasons discuss- ed below, we do not believe that penalties are appropriate. Subparagraph (f): Delete the words "the written notification shall be reviewed and approved by the City Manager or his designee ". 5.44.073 Penalties This paragraph should be eliminated. In agreeing to these new require- ments in the spirit of compromise and cooperation, Group W is agree- ing to add requirements that it would not otherwise be obligated to meet. Group W's willingness to add additional obligations should not subject it to the threat of penalties in the event that it does not comply with the new or existing obligations. If you need any further information or clarification, please do not hesitate to contact me. Sincerely, `� zlGa�ZJ Richard J. 'aterman District anager Coastal District RJW /jd cc Robert L. Wynn v I ORDINANCE NO. 84 -5 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE MUNICIPAL CODE By ADDING CERTAIN SECTIONS REGARDING THE MAINTENANCE OF SERVICES, SUBSCRIBER COMPLAINT PROCEDURES, AND PENALTIES RELATING TO COMMUNITY ANTENNA TELEVISION. SECTION 1. The City Council of the City of Newport Beach finds and declares as follows: The City Council of the City grants franchises within the City for the operation of Community Antenna Television (CATV) services. The City Council is enabled by the Terms of the Franchises and by Section 5.44.060 of the Municipal Code to amend the ordinances governing such franchises. The City Council has determined that the public good shall be served by the exercise of the police power to amend the Municipal Code to include sections regarding the Maintenance Services, Subscriber Complaint Procedures, and Penalties relating to CATV. SECTION, 2. The City Council DOES ORDAIN as follows: Sections 5.44.071, 5.44.072, and 5.44.073 shall be, added to Chapter 5.44 of the Municipal Code to read as follows: 5.44.071 :MAINTENANCE OF SESRVICES The grantee shall, for the purposes of maintaining efficient and high quality service to CATV subscribers and excepting circumstances beyond the control of the Grantee, comply with the following general regulations: (a) Grantee shall schedule planned service interruptions during periods of minimum use of the system and shall notify subscribers of planned service interruptions via announcements transmitted on the public access /local origination channel at least twenty -four (24) hours in advance; but in no event shall the requirement for notice delay the repair of degraded system operation. (b) Grantee shall maintain the tollfree telephone number or numbers which are provided within the City, pursuant to this Chapter, in good working order and shall provide telephone recorded announcement capability to announce system -wide service disruptions during the times when such disruptions occur. -1- (c) Grantee shall limit system malfunctions to no more than twenty -four (24) consecutive hours duration from the time the malfunction is discovered or a subscriber complaint is received pursuant to Section 5.44.072 of this Chapter. (d) Grantee shall, upon the written request of the City Manager or designee, test, analyze, and report on the performance of a particular element or elements of the CATV system to resolve problems identi- fied by excessive complaints or other evidence which, in the judgment of the City Manager, warrants a techni- cal investigation to ensure that high quality CATV service is maintained. Grantee shall conduct the requested test or tests and furnish a written report to the City Manager no later than thirty (30) days after the Grantee has been formally requested to perform the subject test or tests. Such a report or reports shall contain the following information: the nature of the event or events which precipitated the special bast or tests; what system component or components were tested; the equipment used and procedures employed in said testing; the results of such tests; and the method in which any complaints were finally resolved. 5.44.072 SUBSCRIBER COMPLAINT PROCEDURES (a) Grantee shall insure that the tollfree telephone number or numbers which are provided within the City, pursuant to this Chapter, are capable of the timely receipt of subscriber complaints on a twenty -four (24) hour, seven day per week basis. (b) The Grantee shall, within twenty -four (24) hours following the date of receipt of a subscriber complaint, take one of the following actions: 1. Correct the problem -2- . 10 • 2. Determine the problem cannot be corrected within twenty -four (24) hours and schedule a service call to take place within forty- eight(48) hours or on a mutually accept- able date.. 3. Determine the problem is not cable- related and so inform the subscriber. (c) Grantee shall maintain a written record listing the date and time of subscriber complaints, identifying the subscriber by name and residence address, and describing the nature of the complaint as well as the nature and date of its resolution. The subject record is to be maintained at the Grantee's local office for a period of three (3) years from the date of the complaint and is to be available for in- spection during regular business hours by the City Manager or his designee. (d) If not satisfied with the Grantee's response, a subscriber may file a written complaint with the City. (e) If a subscriber,,files a complaint with the City regarding a service problem which is determined to be preventable and within Grantee's control, and if the Grantee fails to correct the problem within a reasonable period of time, following written notice of the complaint by the City, the City may levy a penalty as provided for in Section 5.44.073 of this Chapter. 5.44.073 PENALTIES The Grantee shall pay a penalty of up to five hundred dollars ($500.00) for failure to comply with any section of this Chapter. The City Council shall determine the extent of the penalty within thirty (30) days of receiving a written report from the City Manager. The Grantee shall immediately be notified of the Council's penalty deter- mination. The Grantee may formally object to the penalty by filing a written notice of objection with the City within thirty (30) days following notification by the City of the fine to be levied. If the Grantee so objects, the Grantee and the City shall conduct arbitration -3- . 1t • in accordance with the rules of the American Arbitration Association. Said arbitration shall be scheduled as soon as possible following receipt of the Grantee's objection. The decision of the arbitrator shall be final and binding. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of February , 1984, and was adopted on the day of , 1984, by the following vote, to wit: AYES, COUNCIL MEMBERS ATTEST: City Clerk KJD:mm 2/15/84 NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Mayor -4- 71 901 WEST: SIXTEENTH ST, NEWPORT BEACH, CA 92663 (714) 642 -7447 Robert D. Gabriele Assistant City Attorney 3300 Newport Boulevard Newport Beach, 'CA 92663 OROU W CABLE Grail W Cede, (nc. A Su�'d��'araryy of WESTINGHOUSE BROADCASTINGAND CABLE, INC. February 21, 1984 Re: Surety Bonds and Certificate of Insurance Dear Mr. Gabriele: Confirming telephone conversation of February 14, 1984 stipulating Group W Cable's intention of complying with the Municipal Code Sections 5.44.120 and 5.44.130 which provide for a Corporate Surety Bond and Certificate of Insurance. Information has been Federal Expressed to our New York insurance office and should be acted upon within the week. A personal illness and hospitalization prevented me from answering your request sooner. Please accept my apologies. If I can be of further assistance, please let me know. BP:lw cc: Ken Delino Very truly yours, Beverly Peterson General Manager m .mac o Cl ^17 nA Q l 1 Authorized to Publish Advertisements of all kinds Including public notices by Decree of the Superior Court of Orange County. California, Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange c„bha �+ouw �arenivno co.a.ad by IMa 9eia.v.i a fat m ) pant rOb 10 plcB cbiumn wIdlh I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of PUBLIC HEARING NOTICE CITY OF NEWPORT BEACH Prnnncad Ord_ SPC_ 5 -44 of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for ONE >00t 499t0WweeWS to wit the issues) of FEBRUARY 2 4 —_ 198___ 198 198_ 198 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on FEBRUARY 2 198 4 at Costa Mesa, California. Signature PUBLIC NOTICE PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT the City Council of the City of New- port Beach will hold a public hearing to consider the following: PROPOSED ORDINANCE, AMENDING SECTION 5.44 OF THE MUNICIPAL CODE REALATING TOI THE MAINTE' ANCE OF SEIIVICE, SUBSCRIB';K COMPLAINT-{ PROCEDURE' AND PENALTIES REGARDING CaMMUNITY AN -,r TENNA TELEIv )N. NOTICE IS. REBY FURTHER GIVEN THAT 4.i:1 p:.bflc hearing will be held on the I T day of February, 1984 at the hou of ?30 P.M. . In the City dell Council Chambers 3300[ CA. 92663, at which, tirr- -�d Yf; m interested Pars ns may 4, -+nn be heard thereon. WANDA E. ANDERSEN, CITY CLERK City of Newport Beach Published Orange Coast Daily Pilot Feb 2, 1984 741 -8V PROOF OF PUBLICATION f V- 36900 'GOVERNMENT'CODE -i 'CHAPTER 2. ORDINANCES' ' E ,!;36900' Vlolation, offense prosecution;'action;, penalty. . ;to '(a) Violation of a city „ordinance is a misdemeanor unless by ordinance It In made 'lananfraction. Such a violation may prosecuted by city authorities In the name „ of.the people of the'State of California;. or redressed by civil action. . . ;(b) Every violation determined to be an infraction is punishable by (1) a'fine not 'dred dollars. ($100) for a second violation of, the same ordinance within. one year; (3).a fine not exceeding two hundred fifty dollars ($250) for each additional violation of the same ordinance within one year. '(Amended by Stats.l974, c 677, p. 1543, 11.) 1:' the Amendment; by Added, in subd. (a . °4.5 Obstructing ordinance petl a prohibiting the words *'unless by ordinance it b made Municipal ordinance prohibiting.. any per. ,en InPractlon, and added subd, ,(b): fi • ), "; I ' eon. who has been o warned by a law eed + : signs. from otfloit or by r lying posted aiubli from si-pu mg id lying ustr any }Aa $R yIoment8ry Index' to Notes Public or quflai- public sidewalk or street so Igqmm,x ,p o- A". :P1.,1 as to hinder or obstruct unreasonably the bbstructIng pedestrians 1.6 free passage of pedestrians is a constitu- :fC> �,. t;i .. ... ... tionsd exercise of the police power on Its - face. Sobson v. City of Huntington Beach yt`r , I ✓ +. r ;;., y ! I:,,,g }� (D.C.1978);462 F.Supp. 774. ! 36993., ,Imprisonment, place, expense I., in oaneral,.i' Y ,.i r.. , I.':rt,1;, n,.;, i; - 36931.• Enacting clause� Lo al regulation Commentaries - is an regulation of amateur radio anion- Reaches of federalism. (1978) 9 Pacific L. to and doctrine of federal Dreemptlon: . d. 3041. - - i, . 36939., - Publication, ,,,;(a)-Within- l5::days after its passage, the City clerk shall cause each ordinance J be published. at -least once, with the: names of those city council members voting )r alod'agalhst the ordinance, in n: newspaper of general circulation published and Irculated'in the,city, or'if there ib'none, he shall cause it to be posted in at least roe public' places in the city or published in a newspaper of general circulation fisted and published In the county and circulated in the city.' In cities Incorpo- ated' leas thaw one year,'the'elty :council may determine whether' ordinances ' am i be pubiiehed:br, posted.!,. Ordinances shall not be published in a newspaper If the harge exceeds' the'emstomary!rate charged by the newspaper for publication of rivatwlegal notices; -but such ordinances shall be'posted in the manner and at the .. me required by..,tfiis section. - .(b),Except as provided in Section 36937, an ordinance. shall not take effect or. be alid unless it is published .`or posted in substantially the manner and ae the time _ squired by;this section. -- „(c) The publication or posting of ordinances, as required•by subdivision (a), may a-satisfied by either, of the following actions: r :n•,: , ,(I) The,city,couneil may publish, a summary of -a proposed ordinance or e .. on, axtating,ordinance. Such sllmmar* shall. be,prepared by an of- Ictal designated by the city council. , A summary shall be,,publisbed -and a certified opy of the.full text of. the proposed ordinance or p t:aball Its gated In the office of the city clerk at least five days prior to the city council testing' at which the proposed ordinance or amendment or alteration thereto 1s to a adopted. !Withkc: 15: days letter adoption of the ordinance or amendment, the city Runell shall publish a summary of the ordinance or amendment with the names. Underline• indicates changes or additions by amendment 98 GOVERNMENT CODE § 36937 of those city :council members . voting for and against the ordinance or amendment and the city clerk shall poet in the office of the city clerk a certified copy of the full text of such adopted ordinance or amendment along with the names of those city council members voting for and against the ordinance or amendment; or (2) If the city official designated by the city council determines that it is not feasible to prepare fair and adequate summary of the proposed or adopted ordi- :dance or amendment, andaf theelty. council so orders, a display advertisement of at least one- quarter of a page in a newspaper. -of general circulation In the city shall be published at least five days prior to the city council sleeting at which the pro- posed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance, or amendment, a. display advertisement of at least one'- quarter of a page . shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment, including Information sufficient to enable the public to obtain copies of the complete text of such ordinance or amendment, and the names of those city council members voting for and against the ordinance or amendment.. (Amended by Stats.1070, c. 91, p. 113, §. 1; Stats.1978, c. 850, p.. 2694, ! 2; urgency Sept. 19, 1978; Stats.1980,. c. 348, p. 693, ! 2.) - Municipal Initiative petition. posting no- tice of Intention according to this section. see Elections Code 1 4003. 1980 Amendment. Added ” with the names of those city council members voting for and against the ordinance." after "once" In the first ;sentence of subd. (a): and added "with the names of those city council members voting for and against the ordinance or amendment' prior to ".and the city clerk" in the last sentence of subd: (c) (1). Forms: See West's California Code Forms. Government. ! 36934. ' Time of passage; reading; urgency ordinances; alterations nonce. and .resolution purportedly increas- ing sewer connection fees was not autho- rized either under this section or under city's Police Power. Pinewood Investors v. City of Oxnard (1982) 184 Cai:Rptr.. 417. 133 C.A. 1030. 5. Validity of ordinance Ordinance passed in violation of this sec. tion speelfy ing thus when ordinances may be passed is invalid or rendered ineffective regardless of its subject matter. National. Independent Business .Alliance V. City of Beverly Hills (1982) :180 Ca1.Rptr..69. 128 C.A.3d 13. 2. passage In general Health & S. C. 5471 revlred that sewer connection 'fees be established, by ordl- ! 36936. Resolutions for payment of money.; time of adoption' Resolutions or orders for the payment of money shall be adopted or made o y at a regular meeting or at a special meeting for which the notice of such special meeting specifies the business to be transacted. (Amended by Stats.1969, c. 775, p. 1552,,§ 1.) - 1989 Amendment. Added provision re- lating to special, meetings, - 0 36937. Effective date. Supplementary Index to Notes ` ty is violative of equal protection clause :1n that.. It discriminates against persona known Construction with other laws 1.4. as 'hippies". not ]oat persons engaged in Taxes for expenses 1.5 illegal conduct. although operative subsec- tions prohibit all persons from sitting . on grass and misusing public property, since 1. In general pollee officers and prosecutor are unlikely Under this section detailing : time when to Ignore city council's clear expression of legislative. purpose In declaration of urgen- ordinances take effect an otherwise valid cy of ridding city of "undesirable" and ordinance does not become effective until 80 days after It is adopted. National Inde- unsanitary" visitors known as -hippies." pendent Business. Alliance v. City of Bever- Parr v. Municipal Court for Monterey -Car- iy Hills (1982) 180 Ca1.Rptr. 69. 128 'C,A.3d n,ei Judicial Dist. of Monterey County 13. (1971) 92 Cai.Rptr. 153. 47911.2d 353. 3 C.3d Municipal ordinance of City of Carmel- 861. certiorari denied 92 S.Ct. 46, 404 U.B. by -the -Sea regulating use of Public proper. 869. 30 LEd.2d'113. . Asterisks « i - Indicate deletions by amendment .. LM NAME AND ADDRESS OF AGENCY Johnson & Higgins of Pennsylvania, Inc. 2600 One PPG Place Pittsburgh, PA 15222 Attention: Robert Isenhart NAME AND ADDRESS OF INSURED Group W Cabte, Inc. and its Substdiailliew 888 Seventh Avenue New York, New York 10106 COMPANIES AFFORDING COVERAGES COMPANY A The Glens Falls Insurance Company . LETTER COMPANY B LETTER Insurance COMPANY ■ - LETTER V Firemen's Insurance COMPANY D LETTER COMPANY E LETTER of Newark NJ ■I ms IS TO Cenny mat policies OT Insurance listed below: have been Issued to the insured named above and are In force at this time. Notwithstanding any requirement, term or conOmon , of any contract or other document with respect m which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms,. exclusions and conditions of such policies. ULSGRIPIIUN OF DFERATIONS/LDCATIONSNEHICLES As respects Franchise for the City of Newport Beach; the City, its Officers, Attachment date of coverage: 2/1/84 Boards, Commissions, Agents and Employees are named as additional insureds. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will 0fldM§yXtA mail _30 days written notice to the below named certificate holde G.,}7:kb4k11JrkkM A�z�cta�s�etRk�I��ir2PA�€ �r €R�tt;t�lPSe��1�'.�t#1t�;e�R�i; Certificate No. 83W No 1042 NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663 DATE F0 AUTHORIZED 24, Limits of Liability in Thousands ( ) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY A SRL - 1987500 1/1/87 BODILY INJURY 8 1,000 $ 1,000 IN COMPREHENSIVE FORM ® PREMISES — OPERATIONS PROPERTY DAMAGE $ 1,00.0 nn $ 1.,000 ® EXPLOSION AND COLLAPSE HAZARD IN UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE 8 $ IN BROAD FORM PROPERTY COMBINED DAMAGE IN INDEPENDENT CONTRACTORS PERSONAL INJURY $ 1,000 IN PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY PERSON) $ 1,000 A j All States (EACH LJ COMPREHENSIVE. FORM SRB 1987500 BODILY INJURY (EACH ACCIDENT) $' 1,000 IIrT-)�y(III OWNED HIRED Except 1/1/87 PROPERTY DAMAGE $ BODILY INJURY AND F}LI'yJ� Texas SRL 1987558 L'] NON OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY ❑ UMBRELLA FORM BODILY INJURY AND $ $ PROPERTY DAMAGE ❑ OTHERTHAN. UMBRELLA COMBINED FORM B WORKERS'COMPENSATION SRW 1986693 (California) STATUTORY G. and SAW 1986692 (All States) EMPLOYERS' LIABILITY and renewals thereof 1 87 2/ / $ 100 (EA HACCIDenn OTHER ULSGRIPIIUN OF DFERATIONS/LDCATIONSNEHICLES As respects Franchise for the City of Newport Beach; the City, its Officers, Attachment date of coverage: 2/1/84 Boards, Commissions, Agents and Employees are named as additional insureds. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will 0fldM§yXtA mail _30 days written notice to the below named certificate holde G.,}7:kb4k11JrkkM A�z�cta�s�etRk�I��ir2PA�€ �r €R�tt;t�lPSe��1�'.�t#1t�;e�R�i; Certificate No. 83W No 1042 NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92663 DATE F0 AUTHORIZED 24, (1^ ,f`i INSURA'S COMPANY OF NORTH AME1il' CA, 0u_nDDY111A, 111-NNSYLVANIA KNOW ALL MEN BY TIiESE PRESENTS: That we, Teleprompter Corporation, Teleprompter of Newport Beach as Principal Tfiere naf`L•ercc7J.cd "fir nc�.naT or 'Z ce;n::ee"j a.i ilie -� Insurance Company of North America a corporation organized under the laws of e atie o Pennsylvania , having its principal place of business at 127 John Street, New York, New York 10038 , and duly authorized tornts c -bu ness iri;he State of Ca i ornia as Surety (hereinafter called "Surety" are held a —Inc -f frm y bots-r,-cT unto City of Newport Beach, California as Obligee (hereinafter called "Obligee or rL censor n the suirl oi` $100,000.00 One Hundred Thousand and 00 /100 - -- -- Dollars, for t+F3 -n3;y rent, well and Truly to be mace, we bin o=:e ves, our heirs, eyccutors, administrators and assigns, jointly and severally, firmly by these presents. ,. Signed, sealed and dated this 7th day of October �_i977 WHEREAS, the Principal (or Licensee) has entered into a written agreement dated March 29, 1973 with the Obligee (or Licensor) to furnish community an e nna e ev s on distribution service for delivery via cable to' residents of city of Newport Beach and adjacent areas and intends oo erect an i maintain aer a. caulcF,, i* res, and associated appliances throughout the area to be served and de -sires to attach such cables,, wires, and apoliances to poles of Licensor in accordance with the terms and conditions contained in said agreement. WHEREAS, the agreement provides that the Principal (or Licensee) shall maintain in full force and effect for the term of said agreement or any renewal thereof a bond in the form of these presents. NOW, THEREFORE„ the condition of this obligation is such that if the Principal (or Licensee) shall faithfully perform.all of its obligations in accordance with the terms and conditions of said agreement and shall well and truly indemnify and save harmless the Obligee (or I Licensor) from any pecuniary loss resulting* from the breach of the terms and conditions of said agreement, on the part of said Principal (or Licensee) including the payment of any sums which may become: due to the Licensor or it other Licensees for rentals, inspections or for work performed for the benefit of the Licensee under said agreement and also including the removal of attachments upon termination of said agreement by any of its provisions, then this obligation shall be void; otherwise to remain in full force and effect, PROVIDED, HOWEVER, it shall be a condition to any right of recovery hereunder that, in the event of any default by the Principal (or Licensee), a written statement of the particular facts reflecting* the date and nature of such default shall be immediately given by the Obligee (or Licensor) to the Surety by certified mail at its offices at 127 John Street - New York, New York 10038 continued - nF -4CIS STATEOF .... New, York .............................. New York COUNTYOF ............. ..- .,..........- ......... ... ... On this .........7th. ........ day of ,...October, .,._,.., ,. ,..,t9 �!.,beforeme rsonallyal�ared Natal,le,R.eingo161me known who, being by me duly sworn, did depose and say..:. That he resides in Brooklyn, New York ........... ._ .... ...:....... ... ........ . ......... :that heis Attorney- in- Factof the INSURANCE COMPANY OF NORTH AMERICA, the corporation described in and which executed for foregoing instrument: : that .. he knows the corporate seal Of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto as Attorney -in -Fact by order of the Board of Directors of said Corporation; and the deponent saite further that the Superintendent of Insurance of the State of New York has, pursuant to Section 327 of the Insurance Law of the State of New York, issued to the INSURANCE COMPANY OF NORTH AMERICA his certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings and other obligations or guarantees; as provided in the Insurance Law of the State of New York and all laws amendatory thereof and supplementary thereto; and that such certificate has not been revoked; and that the assets of said Company, unencumbered and liable to execution exceed its debts and liabilities of every nature whatsoever, by Seven Hundred Thirty Four Million Dollars 734,000,000) ANN .MARIE BACE Witness my hand and seal the day and year aforesaid: TA ^Y PJ¢LIC, Stare of New York '4-014646663 (Seell ... �'�.(.�1.''' -':u. u , -ed .in. Icings County .. ` . .�. bv..,nss,on Expires Morch 30, 19 t1 COPY OF RESOLUTION BE IT REMEMBERED, that at a regular meeting of the Board of Directors of the INSURANCE COMPANY OF NORTH AMERICA, duly called and held at the office of the Company, in the City of Philadelphia, State of Pennsylvania, on the 28th day of May, 1975, a quorum being present, the follow- ing Resolution was duly adopted: 'RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertak- ings, recognizances, contracts and other writings in the nature thereof: 11) That the President, or Vice- President; Assistant Vice- President, Resident Vice - President or Attorney-in-Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the Presi- dent or any Vice - President may appoint and authorize Resident Vice - Presidents, Resident Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. 12) Any such writing executed in accordance with these Rules shall be as binding upon the.. Company in any case though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice - President and the seal of the Company may be affixed by facsimile on any power of attorney granted pur- suant to this Resolution, and the signature of acertifying officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and' any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953." Financial Statement December 31,1882 Admitted Assets Liabilities Cash in Office and Banks ...........:............. $ 67;090;434 Unpaid Claims and Claim Expense.................. $1,921,976;589 Government Bonds (amortized values) ............... $ 746,042,871 Unearned Premiums ... ......... ............ $ 620;270,679 Miscellaneous Bonds (amortized values) ............. $1, 051, 834,753 Reserve for Taxes and Expenses ................... $ 35,649,84.1 Stocks' Imarket value) ........................... .$ 967,086,338 Other Liabilities......... ........:. ............ It 86,586,357 Accrued Interest ...... . ...... . ...... . . . .... . . .. $ 37,607,758 Funds Held by Company under Real Estate ..... ............................... $ 19:464;864 Reinsurance Treaties .........,........,.......,. $ 34,532,379 Premiums in Course of Collection .................. $ 315,101,224' Reinsurance in Non - Admitted Companies .......... $ 34,364,945 Funds Held by Ceding Reinsurers .... . .......... . .... $ 25,105,245 Ceded Reinsurance Balances Payable ............ $ 112,312,648 All Other Assets ....,.. .. - ,.. :.............. $ 351,032,092 Capital Paid In...................... $ . 56,785,545 Surplus Paid In .... ............... :... $ 137,100,213 Unassigned Surplus ................. $ 540;788,183 $3,580,365,579 $3,580,365,579 (*Excludes premiums more than 90 days due.1 It is hereby certified that...... Natdlie Re has been appointed Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA at .IeW Y...... . I.TeW YOY.. that said appointment is in full force and effect as of the date hereof, that said appointment was made under and by authority of the foregoing Resolution, which said .Resolution has been compared by me with the original thereof as recorded in the minute book of said Company and is true and correct transcript thereof and is in full force and effect, and that the foregoing . is a true and correct statement of the financial condition of the said Company, as of December31, 1982. IN WITNESS WHEREOF, I have hereunto set . my hand and affixed the seal of said corporation this........? th . ... . ... ........ .. dayofOctober . 19 77 °� secretary INSUBAN- Ofdi'ANY OF NO(ilH AMCIIICA, OADELP IA, PLNNSYLVANIA KNOW ALL MEN BY THESE PRESENTS: That we, Te�le _r as Principal TFereinaf Insurance Cc under the laws o the place of business at and duly authorized to r caiteu "rrinc)_pai -- or 1L/ Jonn br-reer- 1Vew Y Fr -aansact bu -: mess in the a corporation organized having its principal k, New York 1 -038 , as Surety (hereinafter called "Surety" are held and firmly bound unto City of Newport Beach, California as Obligee (hereinafter called b igee or TTcensor In the sum o3` $50,000.00 Fifty Thousand and 00/100 Dollars, for v chi aytrent, well and truly to be mace, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 7th day of October �9 77 WHEREAS, the Principal (or Licensee) has entered into a written agreement dated September 12 1960 with the Oblaaee (or Licensor) to Furnish community antenna ;e e-vl?P on distribution service for delivery via cable to residents of City of Newport Beach and . adjacent areas and intends to erect anu maintain aerie.l ca e�, �e res, and associate:; appliances throughout the area to be served and desires to attach such cabl3s, wires, and appliances to poles of Licensor in accordance with the terms and conditions contained in said agreement. WHEPEAS, the agreement provides that the Principal (or Licensee) shall maintain in full force and effect for the term of said agreement or any renewal thereof a bond in the form of these presents. NOW. THEREFORE, the condition of this obligation is such that if the Principal (or Licensee) shall faithfully perform all of its obligations in accordance with the terms and conditions. of said agreement and shall well and truly indemnify and save harmless the Oblif-.ee (or Licensor) from any pecuniary loss resulting from the breach of the terms and conditions of said agreement, on the part of said Principal (or Licensee including the payment of any sums which may become due to the- Licensor or it other Licensees for rentals, inspections or for work, performed for the benefit of the Licensee under said agreement and also including the removal of attachments upon termination of said agreement by any of its provisions, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition to any right of recovery hereunder that, in the event of any default by the Principal (or Licensee), a written statement of the particular facts reflectinc the date and nature of such default shall be immediately given by the Obligee ('or Licensor) to the Surety by certified mail at its offices at 127 John Street New York, New York - - continued - 1 RF -4cpP INSURANCE 4PANY OF NORTH AMERICA, PIiALPHIA, PENNSYLVANIA -�- AND PROVIDED FURTHFR, that regardless of the number of years this bond shall remain in effect the liability of the Surety hereunder shall not be cumulative and in no event exceed the sum of Fifty Thousand and 00 /100 ($50,000.00) Dollars. AND PROVIDED FURTIiER, that no action, suit or proceeding shall be brought against the Surety on this bond unless the same is brought within six (6) months following the termination date of this bond. This bond may be terminated by the Surety at any time be certified mail addressed to the Obligee (or Licensor) stating when not prior to thirty (30) days thereafter such notice shall be effective, in which event the Surety's liability shall at the expiration of said thirty (30) days cease and terminate except as to such liability hereunder incurred prior to the effective date of such cancellation. It is further unierstood and agreed that not withstandinv the term of the Frr.chise Agreement, this bond is to be effective for term, commencing 10/7/80 and terminating 10/7/85 , but may be renewed at p� n o Fie Surety by issuance o-Y�f s— Cntinuation Certificate for subsequent annual terms. Y •4E28 Teleprompter Corporation Teleprompter of Newport Beach BY: C44L T VW;4 41�: A-a. _ _Insuranc�r Company of North America 7 _ STATE OF . ...Ne.W. YQrX ............................ COUNTY OF .. New, York ........................... . On this 7th _ day of ...October.. I ................ .19. 7.7 .. before me personally appeared Natalie Reingo41ma known who, being by me duly sworn. did depose and say.: That he resides ip,$.rooklyn.r-New York. ..,.. ... .... I .......... : that he is Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA. the Co(cofa Pon described in and which executed for foregoing instrument: that he knows the corporate seal of the said Corporation: that the seal affixed to said instrument is such Corporate seal: that it was so affixed by order of the Board of Oirectors of said Corporation: and that he signed his name iner�ro as ArtorneV.in Fact by order of the Board of Orectors of said Corporation: and the deponent saith further that the Superintendent of Insurance of the State of New York has. pursuant to Section 327 of the Insurance Law of the State of New York. issued to the INSURANCE COMPANY OF NOR rH 4,1J ERICA his certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds. undertakings . and ether ,obligations or guarantees. as provided in the Insurance Law of the State of New York and all laws amendatory thereof and supplementary :hereto, and that such certificate has not been revoked: and that the assets of said Company. unencumbered and liable to execution exceed its debts and liabilities of every nature whatsoever. by Seven Hundred Thirty Four Million Oollars IS ,000.000) .vmess my hand and seal The day and year aforesaid: " __, ANN MARIE RAre Seal) COPY OF RESOLUTION New York 3........... unty 30, 19` BE IT REMEMBEREO. that at aregular meeting of the Board of Oirectorsof the INSURANCE COMPANY OF NORTH AMERICA. duly called and held at the office of the Company. in the City of Philadelphia. State of Pennsylvania. on the 281h day of May. 1975. a quorum being present. the follow - ,ng Resolution was duly adopted: RESOLVEO.,pursuant to Articles 3 Band 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds. undertak- ings. recogmzances. contracts and other writings in the nature thereof: f11 That the President, or any Vice- President. Assistant Vice - President. Resident Vice - President or Attorney-in -Fact, may execute for and in behalf of the Company any and all bonds. undertakings, recognaances. contracts and other writings in the nature thereof. the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto: and that the Presi- dent or any Vice President.. may appoint and authorize Resident Vice - Presidents. Resident Assistant Secretaries and Attorneys -in -Fact to so execute or ]hest to the execution of all such writings on behalf of the Company and to.affix the of the Company thereto. 121 4nv such writing executed . in accordance with these Rules shall be as binding upon the Company in any case though signed by the President and ittested by the Secretary 11 `rte . signature of the President or a Vice- President and the seal of the Company may be affixed by facsimile on any power of attorney granted pur. suant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any such oo.er. and any -such power or certificate bearing: such facsimile signature and seal shall be valid and binding an the Company. (4) Such Resident Officers and Attorneys -in -Fact. shall have authority to certify or verify copies of this Resolution. the .By -laws of the Company, and any alfidavn or record of the Company necessary to the discharge of their dunes. 151 the passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Oirectors on June 9.. 1953." Financial Statement Decomber 31, 1882 Admitted Assets Liabilities Cash in Office and Banks.:_ :.. .................. 3 67:090.434 Unpaid Claims and Claim Expense . , ..... $1;921.976.589 Government Bonds (amortized values) .............. 3 748:041871 Unearned Premiums .. , .......... .,.. _.... , . S 620.270.679 Miscellaneous Bonds (amortized values) ............. $1.051.834.753 Reserve for Taxes and Expenses... .............. $ 35,649,841 Stocks (market value) ...... . . . . . . . . . . ........ $ . 967.086.338. Other Liabilities ......... ...... .. ............ 3 86.588;357 Accrued Interest ... . ....................... _ , 3' 37.607.758. Funds Held by Company under Real Estate ........ , .. 3 19.464.864 Reinsurance Treaties, ... _..... , .............. 3 34.532.379 Premiums in Course of Collection ........... $ 315.101,224• Reinsurance in Non- - Admitted Companies ............ It 34.384:945 Funds field by Ceding Reinsurers .................. It 25.105.245 Ceded Reinsurance Balances Payable.............. 3 112.312.848 All Other Assets ........ ...... 3 351,032.092 Capital Paid In ...................... 3 56.785.545 Surplus Paid In ....................... 3 137.100.213 Unassigned Surplus .................. $ 540.786 183 $3.580.365.579 $3.580.365,579 I' Excludes premiums more than 90 days due.1 It is hereby certified that...... Natalie , Reingold hasbeen appointed Attorney,in -Fact of the INSURANCE COMPANY OF NORTH AMERICA at .... New . Yclrk,, --New ..York......... . that said appointment is in full force and effect as of the date hereof. that said appointment was made under and by authority of the foregoing Resolution. which said Resolution has been compared by me with the original thereof as recorded in the minute book of said Company and is .a true and correct transcript thereof and I$ in full force and effect, and that.. the foregoing is a true and correct statement of the financial condition of the said Company. as of December 31. 1982. IN Wt rNESS WHEREOF, I have hereunto set my hand and affixed the seat of said corporation this...... .7.th ....... .. ....... ........._ ... day ofOctober.19 77 ....:.: Secretary Insurance Company of North America 127JonnSrreet New York NY 10038 2124404000 Rider to be attached to and forma part of Bond. Number 298808 • • - • Y51 AI:JO.fn:�Y:A•:a• ru• • , u •. Y� �• •�, 1�9�; •! �Ia,IL� ;� :1� «,i: F, Principal),j and in favor of CITSt OF NEMM BEAM C IJFCR a (Obligee), executed by the INSURANCE COMPANY OF NORTH AMERICA, as Surety, in the amount of Fifty 7xous-r4 and 00/100 -- --- - ($50.000 ) Dollars, effective October 7. 1980 _ The Principal and the Insurance Company of North America hereby consent to changing the said bond as follows: ♦ e R 4 !.• . •I 2b: Group W Cable, Inc. Nothing herein contained shall vary, alter or extend any pro- vision or condition of the bond other than as above stated. Signed, Sealed and dated this 23rd day of February _19 84 GWM W CAME, MC. SB 272 OPHIA;}PA in me preceding instrument •ts now in force' .- -. ' M TESTIMONY Wi4EREOF;'I ,have Hereunto het my�hand and aff}ked my of the day, and yearfust above wntten " (SEAL) t`, ,yy commission expires 2/6�/85 ' STATEOF....... .W. 110 ........................... COUNTY OF ....! ... .............................. On this .. ....2� ... ............... day of .: .. ..... .......19 before me Personally appeared I&N to me known who, being by me duly sworn, did depose and say.' That he resides in .... ..... .. ....... .. ..... . o , Nw.1M.. _ . , , , , , .. — ....... : that he is Attorney-in-Fact of the INSURANCE COMPANY OF NORTH AMERICA.. the corporation described in and which executed for foregoing instrument: that he knows the corporate seal of the said Corporation: that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation: and that he signed his name thereto as Attorney-in- Fact by order of the Board of Directors of said Corporation, and the deponent saith further that the Superintendent of Insurance of the State of New York has.. pursuant to .Section 327 of the Insurance Law of the State of New York. issued to the INSURANCE COMPANY OF .NORTH AMERICA his certificate that said Company is Qualified to become and be accepted as surety or guarantor on all bonds. undertakings and other obligations or guarantees. as provided in the Insurance Law of the State of New York and all laws amendatory thereof and supplementary ;hereto: and that such certificate has not been revoked: and that the assets of said Company, unencumbered and liable to execution exceed its debts and habilihes of every nature whatsoever. by Seven Hundred Thirty Four Million Dollar 000,0001 ANN MARIE BALE Witness my hand and seal theday and year aforesaid: O TARY PUBLIC, Stare of /f /%j// No. 24- 014696663 New York iseall . 4/, ... m , tin d Expires a30 19Q.. COPY OF RESOLUTION BE IT REMEMBERED. that at a regular meeting of the Board of Directors of the INSURANCE COMPANY OF NORTH AMERICA. duly called and held at the office of the Company. in the City of Philadelphia. State of Pennsylvania. on the 28th day of May. 1975. a quorum being present, the follow- ing Resolution was duly adopted: 'RESOLVED. pursuant to Articles 3,6 and 5.1 of the By- Laws. the following Rules shall govern the execution for the Company of bonds, undertak- ings. recognizances, contracts and other writings in the nature thereof: 111 That the President. or any Vice - President. Assistant Vice - President. Resident Vice- President or Attorney -in -fact. may execute for and in behalf of the Company any and all bonds. undertakings, recogtvzances. contracts and other writings in the nature thereof. the same to be attested when necessary by the Secretary. an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto: and that the Presi- dent or any Vice - President may appoint and authorize Resident Vice - Presidents. Resident Assistant Secretaries and Attorneys -in -Fact to so execute or .mast to the execution of all such writings on behalf of the Company and to affix the seat of the Company thereto. 12) Any such writing executed in accordance with these Rules snail be as binding upon the Company in any case though signed by the President and attested by the Secretary, 13) The signature of the President or a Vice. President and the seal of the Company may be affixed by facsimile on any power of attorney granted pur- suant to this Resolution, and the signature of a certifying officer and the seat of the Company may be affixed by facsimile to any certificate of any such power. and any such power or certificate bearing . such facsimile signature and seal shall be valid and binding on the Company. f41 Such Resident Officers and Attorneys -m -Fact shall have authority to candy or verify copies of this Resolution. the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. x.51 The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9. 1953.'" Financial Statement December 31, 1982 Admitted Assets Liabilities Cash in Office and Banks ............ ...... ...... . 4 67.090.434. Government Bonds aamortized values ) .............. 's 746.042.871 Miscellaneous Bonds (amortized values) ............ 41.051.834.753 Other Liabilities ... ............................... Stocks (market value) ........................... 4 967.066.338 Accrued Interest ................... ..:.. .... .... $ 37,607.758. Real Estate .............. ........... .......:... $ ;9:464.864 Premiums in Course of Collection ................. s 315.101.224' Funds Held by Ceding Reinsurers .................. $ 25.105.245 All Other Assets . ............................... $ 351,032:092 $3.580.365.579 .t *Excludes premiums more than 90 days duel Unpaid Clalmsand Claim Expense ................. $1.921.976.589 Unearned Premiums ............................ $ 620.270.679 Reserve for Taxes and Expenses .................. It 35.549.841 Other Liabilities ... ............................... $ 86.586.357 Funds Held by Company under Reinsurance Treaties .............................. $ 34.532.379 Reinsurance in Non - Admitted Companies ........... S 34.364.945 Ceded Reinsurance Balances Payable .......... . ... 9 112.312.848 Capital Paid In ...................... $ 56.785.545 Surplus Paid in ..................... $ 137.100,213 Unassigned Surplus .................. 4 540.786.183 43.580.365.579 Its hereby certified that...... ..... ..:. .................. ....... .... .... ... . has been appointed. Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA at ..... JIM . . . . . that said appointment is to full force and affect as of the date hereof, that said appointment was made under and by authority of the foregoing Resolution, which said Resolution has been compared by me with the original thereof as recorded in the minute book of said Company and is a true and correct transcript thereat and is in full force and effect. and that the foregoing is a true and correct statement of the financial condition of the said Company, 3s of December 31. 1982. Z N WI TNESS WHEREOp,,I have hereunto set my nand and alhxed the seal of said corporation this...... ....... .... day 9ftr%Y1�3'jr ig1�}. /? SBGetary j i 1 4 Insurance Company of North America 127 John Street New York NY 10036 21244040M t 1 Rider to be attached to and form a part of Bond-Number 298847 on behalf 0 _(Principal),I and in favor of C71y OF BFMMP c1 M (Obligee), executed by the INSURANCE COMPANY OF NORTH AMERICA, as Surety, in the amount of OH HLWDM THDUSMD AND 00/100- -- ($100,000.p0 Dollars, effective October 7, 1980 The Principal and the Insurance Company of North America hereby consent to changing the said bond as follows: 'Ito: Group W Cable, Inc. Nothing herein contained shall vary, alter or extend any pro- vision or condition of the bond other than as above stated. Signed, Sealed and dated thISL 23rd day of Februmy 19 84 V"* Wili, SB 272 STATEOF .......NE W ........ ... ......... I........... COUNTYOF.....NEW 3iO t...I ....................... On this ........... 23rd . ........ . ..... .day of ...�. .............. .............19 . $ ., . , before me personally appeared 1WERWR o me known who. being by me duly sworn. did depose and say.: That he resides in . ...... ........ BROMYLQrr NEW YOFW ..... .... _ ... ......... : that he is Atiorney,ri -Fact of the INSURANCE COMPANY OF NORTH AMERICA. the corporation described in and which executed for foregoing instrument:.. that he knows the corporate seal of the Said Corporation: that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors . of said Corporation: and that he signed his name thereto as Attorney in Fact by order of the Board of Directors of said Corporation: and the deponent sank further that the Superintendent of Insurance of the State of New York has. pursuant to Section 327 of the Insurance Law of the State. of New York... issued to the INSURANCE COMPANY OF NORTH AMERICA his certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings and other obligations or guarantees. as provided In the Insurance Law of the State of New York and all laws amendatory thereof and supplementary :herelad and that such certificate has not been revoked: and that the assets of said Company, unencumbered and liable to execution exceed its debts and liabilities of every nature whatsoever. by Seven Hundred Thirty Four Million Dollars 1 734 000 0001 Witness my hand and seal the day and year aforesaid:. } AANNN MARIE RACE 0_"_ ry BI1C, State of New Yot1t ISeall ....... o. 2,4-0.1461)6663 n kn6ti; :ii . .... Quit f ed In Kings County �_�'' COPY OF RESOLUTION Oommi55ion Expires March 30, 19 BE IT REMEMBERED. that at a regular meeting of the Board of Directors of the INSURANCE COMPANY OF NORTH AMERICA. duly called and held at the office of the Company. in the City of Philadelphia. State of Pennsylvania, on the 28th dayof May, 1975, a quorum being present: the follow- ing Resolution was duly adopted: 'RESOLVED. pursuant to Articles 3.6 and 5.1 of the By -Laws. the following Rules shall govern the execution for the Company of bonds. underiak- mgs. recogmzances.. contracts and other writings in the nature thereof: 1 t) That the President. or any Vice- President. Assistant Vice- President. Resident Vice-President of Attorney -in -Fact. may execute for and in behalf of the Company any and all bonds undertakings. recogmzances. contracts and other writings in the nature thereof. the same to be attested when necessary by the Secretary. an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto: and that the Presi- dent or any Vice - President may appoint and authorize Resident Vice- Presidents. Resident Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shalt be as binding upon the Company in any case though signed by the President and attested by the Secretary. 131 the signature of the President or a Vice - President and the seal of the Company may oe affxed by facsimile on any power of attorney granted pur- suant to this Resolution. and the signature of a certifying officer and the seat of the Company may beaffixed by facsimile to any certificate of any such power. and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. - ;4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution. the By-Laws of the Company. and any affidavit or record of the Company necessary to the discharge of their duties. 51 The passage of this Resolution does not revoke any easier , authority granted by Resolution of the Board of Directors on June 9, 1953.' Financial Statement December 31, 1982 Admitted Assets Liabilities Cash m Officeand Banks $ 67,090.434 Unpaid Claims and Claim Expense ................ $1..921.976.589. .............. Government Bonds (amortized values) ............. $ 746.042.871 Unearned Premiums ... ..... .. ... .......:.. $ $ 620.270.679 35.649.841 ;,Miscellaneous Bonds (amortized values) $1.051,834.753 Reserve for Taxes and Expenses .... ............. ............ Stocks (market value) .......... ........ ......... $ 367.088,338 Other Liabilities............ ..... ............ $ 86586.357 Accrued Interest ...... ..... :: S 37.607.758 Funds Held by Company under ... .......... .:.. Real.Estate ... .. $ 19.464.984 Reinsurance Treaties ..... ........ ........ $ 34,532.379 ....... .. Premiums in Course of Collection ... $ 315.101.224' Reinsurance in Non - Admitted Companies .......... $ 34.364.945 ............. Funds Held by Ceding Reinsurers ............ $ 25.105.245 Ceded. Reinsurance Balances Payable ... , ...... $ 112.312.848 All Other Assets $ 351,032.092 Capital Paid in ....... ... $ 56 785.545 ..: ...........................: Surplus Paid In ..... . ... S 137.100.213 Unassigned Surplus .:..:............ S. 540.786.183 $3,580,365.579 $3.580:365:579 t'Excludes premiums more than 90 days due.1 !t ,s hereby certified that . ........................ ....NIVIA=. IWJNG D........., ......:.. .. ............... .... . bas been appointed Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA at .............tip km :.. ... . ... ... .. .. that said appointment is in full force and effect as of the date hereof. that said appointment' was made under and by authority of the foregoing Resolution. which said Resolution has been compared by me with the original thereof as recorded in the minute book of said Company and is a true and correct transcript thereof and is in full force and effect. and that the foregoing is a true and correct statement of the financial condition of the said Company, 3s of December 31. 1982.. :Wm rNESS WHEREOF. I have hereunto set my nand and affixed the seal of said corporation this..... _............ 23rd ....... ....... .. .... day of 19.84 Secretary A MONTH JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL 1983 COMPLAINTS RECEIVED THRO(JGH THE CITY MANA6ER'S OFFICE 1983 r NUMBER OF COMPLAINTS 4 1 7 5, 5 0 1 0 0 0 4 31 PROBLEM SERVICE CALL SERVICE CALL FEEDER LINE SERVICE CALL SERVICE CALL SERVICE CALL D-og PAGE 1 f BY THE CITY ,COUNCIL CITY OF NEWPORT BEACH FEB 131984 NEEDED NEEDED VE'EDED REPLACEMENT NEEDED NEEDED NEEDED CONCERN OVER OVERHEAD SURVEY .i A. CUSTOMER CONFUSED OVER INSTALLATION B. TV SET PROBLEM C. WHEN COULD GET INSTALLED 0. BROKEN ACCESS COVER IN ALLEYWAY OUTAGE CAUSED BY EDISON SINCE JULY 1983 ALL CUSTOMER COMPLAINTS ARE SUBMITTED IN WRITING FROM MR. DELINO OF THE CITY AND ANSWERED TO HIM IN WRITING. PAGE 2 Complaints Received By the City of Newport Beach Resulting fron Dec-Jan ..'84 Citizens' Reporter Newsletter February 12. 1984 . .', fig.: • y:... �� CODip7 wint ibdPSt :. Pagel �St. Address Bros_. Adoild Color .;!iMxJV - i'.s.. Name Munber Street Service Arm .rid i— P1use�'.oas� -2- T--- 6-T- --8-9 r MccZa ,' es -° es �,.. 1$S��i -.. :2 -' ` 10 -.:'U ,. fngstram, Arthur '. 56 Beacon. Hay Beacon Bay .. , ' 31..% 9 - .:Pink 2 - `4s .. . 12 =. , ,., Svensson, Nils-Eric 241. Evening:. Canyon Rd SMtecliifs :, 33-$2 5 ;' ParJt . 2., w'?. > 8 e s• f _ . !. jj ey, Mrs. jaaa� Pice�t-Nt�#B Deem. 33-05 -� —Blue �-9 14 Hendrickson, B.C. 4 S=nervird CL. Boag Hospital. 31-84 9 Pink 1 2 15 Netihausec, N.E. 1609 Antigua Nay Dover Shores 314+3 4 Pink.. 2 16 ::. .. Made, 11M '' 87-Galawy Or = Dover Stnr1= P3�T2n1c- ''.1 '. .. , 3�` . 17 Gill, J, 1D6 33rd St. upper Penn. 31-85 Blue 1 ... 18- AObfnson, Park 1601 Mariners Drive - Harbor Highlands 31 -E3 4 —Pink Blue - '; 7 . —ISM Ilford; S�- �HSlboa Covves 8�boa Cones 31LB5 1 A i 20 - 21 Goedeki,M. 4 Gretel Ct.. .Hoag Hospital 31-$4. 9 Blue 1 4 7 22 Sward, David M. 510 Canal ST'. Newport Stores 31-PA '1 Pink 2 3 ,o- 23, RYan George .. 4 ening Star In - 1-PA Blue .,• ,.�- '�x :ti_ 7 24 - Mori, .Roger 5405 Seashore Dr. .< Newport Stores 31-A4 1 .' Pink 1" 3 25 - 28 MU®, Carl. 319. Cedar St.. Newport Shores 31-M 1 Pink 2 3 4 6 7 � - - �9- 30- teepei, Robert $. 217-Ametfiys£ Ave: Pall»a— Islad31 -P6 9�ink�� -2 31 Hershey, M.H. 318 Pirate Rd. Haven 314,5 9 Blue 1. 8 32 - 34 Bracey, Ben 215 Orange St. Newport Stores 31-A4 1 Pink 3 5 Vi ers, en L MI6_ Maroissus Ave. ' o na Del Mar 3T-B2 S —Blue ;. ..:: "��.. •, " -- 36 Eastman, Harlan ,. .' 2761 Baystore Dr. '.:: Baystores ., 31-05 2 Blue 1 . .. 37 -38 Fhar oy, John M. 1739 Candlestick -: Dwer Stores 31-P3 4 Blue - 4 7 8 : r•;'y -:, 39 James,- ltennefh A�615 Anita Iaiie - Harbor Higtilarda- 31 -Ei - -4 —Blued _ 7 40 Bassett, Gary 6 Eatalin 415 Carnal St. Newport Shores 31-A4 1 Pink 3 41 Petty, Phillip A. 1720 Kings Road Haven 31-D5 9 Pink 2 3 42 = 43 Asbe, ertt L Escapade Hoag Hospitai3i --B�9 —Slue 44 - 45 Turner Clarence Judson 1507 Antigua Nay Dover Bares 31-P3 4 pink 1 2 3 8 � - 46 - 47 Gregg,. Linda <.. 1947 Port Bishop Cir (Cat® Cablevision) 324:5 0 Blue 4 48 Isoore, H:$�OSCarn`atyoa 43 Cortina Del Maz 33 -A1 5— hnk - -2 - 49 Wright, E.D. 707 Bay Ave.-44est Balboa Island 31-E5 9 Blue 1 50 Wood, W. James 112 38th St. r Penn. 31-85 0 Green 9 .,,' .... 51 Burton, Michael L. ,. 401 ltd. St...- Newport ram -31-AC I 52 - Ryckoff, Paul H. -. - '.120D Bey Pront -South Balboa Island 33-CS _ 9 . .. Blue.. 1 , ��. 9 . -> - .� " ;; "•Y°" ..' 9 j Howard, Paul W. `' , . ;all Bay Front- EasC.. - Balboa Island 31-P6. 9 Pink•. 1 2.; , . . 7 .,,. ,..., & �•. €, 54 De eo ®> Jim- P743 "BSyport Way _ Bayc�es[ 31-E2 4 Blue ., 55 Chan, Mts.. C.S. 1525 Santanella Terr Irvine Terrace 32.-" 5 Pink 2 56 Seifert, Susan 1019 Granville Drive (Comm Cablevision) 32-AS 0 Blue 8 9 57 - 58 Teale,,tvrree - 1819 Beryl Tone Harbor Higlilanids- -31-E3 4 —Pink 2-i 4 ,._ .. .. " -.` '59 Moore Jr., Henry . enry 429 Begonia Avenue Harbor Del War 33-A1 5 Pink 1. 2 3 4 • 60 - 61 Darling, Ootald A. 4717 Rd: Cameo Shores 33-02 5 Pink 2 3 6 7 8 *Complaint Codes- TTateli�ama�w,y ... 4- LSccess v %Cost— T- Progr�ianm xJ ..: .:' IMP s , 2 Poor Reception S 8511ing Prablana 8 0thet - GRAND TO1Ri. 39 ` ' 18 17 17 7 1 2 7 11 6 �".s 3.Bad Service-Outaaes - 6'.COUrtesv/Misreo. 9 Ctnmliment .. .... _,.. r.;d� PAGE 2 Hendrickson, B.C. - 21—Goedeki, M..- 30 teeper, Robert E. Hershey, M.E. —Petty, -phillip A. - Al A.h.- nnV 1. 4 Sumceruind Ct 4 Grete.1 Ct. 217 Amethyst Ave. 318 Pirate Rd. 1720 Kings Road E.D. 707 53 Howard, Paul W. 311 Bay Front-Fast. Complaints Received By the City of Newport Beach 31-P6 9 —2-3— 5 3 2 0 Total. _ 10 1 2 46 - 47 Gregg, Linda Resulting f rm Dec-3an '84 Citizers' Reporter Newsletter 33-05 3 Blue February 22, 1984 0 56 Seifert, Susan 9 15 Neubauser, W.E. (sorted by Construction Phase) 31-P3 4 Pink 3 2 4 Excessive Cost 7 Proira�-- .... . .. 16 wade, Willard 1397 Galaxy Drive Dever Shores Th(lafts 4 Pink 9 Compliment Complaint Codes• 3 8 Pa a Rcbinson,�)ack St. Aa3reimS BarborRighlands____3l-.E3__ Bros. Rebuild Color 7 23 #-a Base 7 - Number Street Service Area -Grid # Pbase Code 1 2 1 4 5 6 7 8 9 Malroy, John M. 1739 candlestick Sinn`. umn 67 Balboa Covea; Balboa Cirves 31-B5 4 2 3 8 Jamies,-Kenxeth-R ------- 1615--Anitai a—Earbox--Highlands _jIW,L,ughlIui 17 Gill, James 106 33rd St. —Upper ienn. 31-R5 1 Him 1 44- 45 Timer, Clarence Judson 9 Dover Shores 19 Willford, ST 14 Balboa Coves Balbni Coves 31-B5 I Pink 1 3 De Boom, Jim 1743 Bayport way Baycrest 31-92 g Bomard, David M. 510 Canal ST. Newport ShoresL 31-A4 I Pink 58 2 3 Beryl Lane Harbor _Righlw)dsL__ 3lTE3_4_—PiI*— 24 Mori, Roger 5405 Seashore Dr. Newport Shores 31 1 Pink 1 3 25 - 28 Mime, Carl 319 Cedar St. Newport Shores 31-A4 1 Pink 4 0 2 3 4 6, 7: 241 Evening Carryon Rd Sborecliffs 33-82 5 34 Bracey,Ben--__2l5 Orarige St._ __ Newport Shores-- 31-A4 I Pink Vickers, Steven, L. 3 Corona Del Mar 33-B2 5 HIM -- 40 Bassett, Gary & Katalin 425 Canal St. Newport Shores 31-A4 1 Pink Carnation 43 3 33-A1 5 Pink --- 51 Burton, Michael L. 401 62nd St. Newport Shores 31-A4 1 Pink 1 2 3 Pink 2 59 Total 9 Corona Del Mar 4 4 8 1 1 1 1 1 1 3 4 ---- 601=61—Darling,-Donald A. 4717 B=Tdm_W. Cameo Shores 33-C2 5 Pink 2 3 6 7 36 Eastman Hazlan 2761 abor Dr �W 31-D5 2 Blue 1 1 5 3 1 0 9 3 0 Hendrickson, B.C. - 21—Goedeki, M..- 30 teeper, Robert E. Hershey, M.E. —Petty, -phillip A. - Al A.h.- nnV 1. 4 Sumceruind Ct 4 Grete.1 Ct. 217 Amethyst Ave. 318 Pirate Rd. 1720 Kings Road E.D. 707 53 Howard, Paul W. 311 Bay Front-Fast. Bay re.. 31-P6 9 —2-3— 5 3 2 0 Total. _ 10 1 2 46 - 47 Gregg, Linda 13 Henley, Kra. James 1614 Ocean Pront-W. #B Penn. 33-05 3 Blue 1 31-B5 0 56 Seifert, Susan 9 15 Neubauser, W.E. 1609 Antigua Nay Dever Shores 31-P3 4 Pink 3 2 4 Excessive Cost 7 Proira�-- .... . .. 16 wade, Willard 1397 Galaxy Drive Dever Shores 31-F3 4 Pink 9 Compliment 3 8 _18 Rcbinson,�)ack 601, Mariners_ Drive BarborRighlands____3l-.E3__ 4._ Blue 7 23 Ryan, George E. 401 FveAng Star 1n Westcliff 31-FA 4 Blue 1 37 - 38 Malroy, John M. 1739 candlestick Dever Shores 31--F3 4 HIM 4 7 8 Jamies,-Kenxeth-R ------- 1615--Anitai a—Earbox--Highlands 31--E3 4 Blue 1 7 44- 45 Timer, Clarence Judson 1507 Antigua way Dover Shores 31-F3 4 Pink 1 2 3 8 54 De Boom, Jim 1743 Bayport way Baycrest 31-92 4 Him 0 58 Teals, -Audree-1819 Beryl Lane Harbor _Righlw)dsL__ 3lTE3_4_—PiI*— 34 9 3 3 3 2 0 0 3 4 0 12 Svensson, Nils-Eric: 241 Evening Carryon Rd Sborecliffs 33-82 5 Pink 2 a 35 Vickers, Steven, L. 316 Narcissus Ave. Corona Del Mar 33-B2 5 HIM 8 48- Moore, H.S. Carnation 43 Corona Del Mar 33-A1 5 Pink --- 2 3 '- 55 -- Chapman, Mrs. C.S. _205 1525 S�tanella Teiir Irvine, Terrace-32--M5 Pink 2 59 Moore Jr., Henry T. 423 Begonia Avenue Corona Del Mar 33-M 5 Pink 1 2 3 4 ---- 601=61—Darling,-Donald A. 4717 B=Tdm_W. Cameo Shores 33-C2 5 Pink 2 3 6 7 8 Total 6 1 5 3 1 0 1 1 3 0 Hendrickson, B.C. - 21—Goedeki, M..- 30 teeper, Robert E. Hershey, M.E. —Petty, -phillip A. - Al A.h.- nnV 1. 4 Sumceruind Ct 4 Grete.1 Ct. 217 Amethyst Ave. 318 Pirate Rd. 1720 Kings Road E.D. 707 53 Howard, Paul W. 311 Bay Front-Fast. Balboa Wand 31-P6 9 —2-3— 5 3 2 0 Total. _ 10 1 2 46 - 47 Gregg, Linda 1947 Port Bishop Cir (Caen Cablevision) 32-05 0 k jes 38h St. Upper Pear. 31-B5 0 56 Seifert, Susan 1019 Granville Drive I *Complaint Codes!_ Total 3 1 Telephones busy 4 Excessive Cost 7 Proira�-- 2 Poor Reception 5 Billing Problemas a Other aww wrAL 39 3 Bad Service-Outages 6 CourteWMisrep. 9 Compliment 1 2 3 7 —2-3— 5 3 2 0 0 2 2 1 1 2 4 1 4 7 9 1 2 I 1 2 3 7 0 5 3 2 0 0 2 2 1 4 9 000100012 18 17 17 7 1 2 7 ll 6 PAGE 3 L ��- tie 14 -v- 11 4f % ems PrMer Total RMLse 2 8 0 1 9 Phase 3 0 YnAft 4 5 1 Phase 5 4 4 9 Other 6 2 6 Total 4 10 C'Wl'mmts/Com 23 Cable 13 36 TOTAL 0- 3 39 L ��- tie 14 -v- 11 4f % r' t TYPE Off -air NAME KNXT (2) Off -air KNBC (4) Off -air KTLA (5) Off -air KABC (7) Off -air KW (9) Off -air KTTV (11) Off -air KODP (13) Off -air KSCI (18) Off -air KWHY (22) Off -air RCET (28) Off -air KMEX (34) Off -air KTBN (40) Off -air KOCE (50) Off -air KDDC (56) Satellite Satellite Satellite Satellite Satellite Satellite Satellite Satellite Total C -SPAN Cable News Net - CNN ESPN'Sports Lifetime Music TV - MPV Nickelodeon/Arts USA Network Weather Channel, Total Distant Broadcast KFNB (8) San Diego Distant Broadcast'KGTV (10) San Diego Distant Broadcast WGN - Chicago Distant Broadcast WOR - New York Distant Broadcast WPBS - Atlanta Other Other Other Pay -TV Pay-TV Pay-TV Pay-TV Pay-TV Pay-TV Pay--'IV Pay-TV Total - LO /Access Interactive Interactive Total SUB TOTAL - Basic Service Cinemax Disney HBO ON-TV Pay- Per -View SelecTV Showtime Z- Channel SUB TOTAL - Pay Services Group W 2 4 5 7 9 11 13 28 * 6 27 29 12 23' ), 26 16 18 8 21 30 25 19 il 14 3 2 10 1 24 15 24 22 17 20 5 Community • Cablevision 2 4 5 7 9 11 13 18 6 17 12 10 8 W, 35 29 27 30 23 28 31 7 15 16 36 26 4 3 20 21 3 27 33 32 34 24 14 22 E GRAND TOTAL 29 33 *Shared channel --nM and local programming. * *In scrambled mode when SelecTV is on. NOTE: Group W has added a net of ! channels since November 198; as follows: Additions - 7 Lifetime Music TV - MTV Nickelodeon/Arts USA Network Weather Channel Cinemax Disney Deletions - 2 MR - New York CBS Cable COST Group Community W Cablevision Variance 8 $10.00 $12.95 ($2.95) -308 $10.95 $11.95 $10.95 $10.95 $10.95 $11.95 $20.95 varies $16.95 $10.95 $11.95 ($1.00) -98 $0.00 08 ($1.00) -98 PAGE 5 Wanda E. Andersen City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Ms. Andersen: AUNDA NO_ 67 Balboa Coves Newport Beach, CA 92663 February 6, 1984 I cannot be present at the February 13th hearing considering the service.of our community antenna television, but I encourage you to read my letter out load for me. When I allowed our local cable TV company to book up cable to my home five or six years ago, all I did was buy myself loads of frustration. The reception has never been excellent or consistent. The neighbors on each side of me, with aerials on top of their houses, get better reception than I. The reason my complaints are so widespread is that we do not watch a great deal of television. And when we do want to see a special program, the cable never seems to be working properly (like during the Super Bowl). In the past, when I have complained of poor reception, it has taken an average of ten days before a service call could be scheduled. One time I waited three weeks because the call was cancelled after I had been home all day waiting for the service- man to arrive. On one occasion when the serviceman did discover that there was repair needed on the cable leading to my home, he could not fix it that day but had to schedule another service call. On another occasion a serviceman appeared, un- announced, to check our reception but could not show me identification. Three times when I have complained of poor reception, and finally got a serviceman to come to my house, I was told that the company was working on their receivers. Consistently when I call the number on my bill to report need for service, there is a busy signal. If I am persistent enough to keep calling to get a clear line, I have waited at least five minutes to talk to a service representative. On Super Bowl Sunday, the end of January of this year, I reported the extremely bad reception. Interestingly, reception was better on every other channel except the one broadcasting the Super Bowl. I have never had a follow -up on this report. Last Friday, February 3rd, my daughter just happened to be watching television because she was ill and the reception kept being cut off consistently. 'I called and asked the person in charge to call me back so I could complain to that person directly. Again, no reply. In addition to this grief, Group W Cable recently doubled their 'rates. My tact now is to not pay another 'bill but send a copy of this letter, along with a copy of my previous letter to you to Group W Cable. When they disconnect the cable, I will purchase an antennae like my neighbors and enjoy equally fine reception. In five years, I have paid for the cost of an antennae several times over. Group W Cable does not have my endorsement, shatsoever, for being allowed to operate in our city. /" William F. McLaughlin Susan M. McLaughlin 650 -3732 s G. 112174 , 1 � C�d %- 'DAL AM, MRS: TIMOTHY BRIAN LINDSAY Four Bates Coves Newwn Beach, CA, 92663 13 February 1984 Hand Delivered Dear Mr. Delino: I read with great interest the article in Sunday's edition of the Daily Pilot. My first reaction was that I had only wished h had seen the request for comments regarding cable service quality, earlier. However, it's better late than never. My husband and I have been extremely unhappy, for years, over the quality (or lack thereof) of the cable service provided us. Unfortunately, when it's the "only game in town -- it's put up or shut up ". Mr. Waterman's comment substantiates that thought. Therefore, one's alternatives seem to be an unsightly antennea or bad service. Along those lines, I thought you may be interested in the correspondence I have had with Group W. Since , Enclosures Mr. Ken Delino Executive Assistant to the City Manager City of Newport Beach FEB 131984 r� MANAGER 'qlt of. � T �EACM, y' 1 December 1903 Diar'Sir; After waiting on the telephono line 12 minutes for the receptioniat to return I realized that your office efficiency has not cLanged in the several years that I have used your service. Every single time that I have tried to contact you by telephone, I have had to wait in excess of ten minutes, I thinly it is unfortunately that, it Is, easier to co;re spond with you by letter. Regarding my account 00932-021255-02-7t please discontinue this service:' 'Ke are 'remodeling our Items. It will'_'take approximately five months to complete at which time will correspond, BY LETTER to have my service reinstated. It it also unfortunate that you are the only game in town 4a it Is extremely frustrating to deal with 4 bunineas that handiva it -telephone callers so�unpzotessionally.. xC: CWC, Louisviiler Kentucky manager Group Vf Cable of Newport Deach 901 West 16th street Newport beach, California 92663 GROUP VABIE 901 WE 16TH STREET NEWPORT BEACH CA 92663-287 ADDRESS CORRECTION REQUESTED -700932- 021255 02- -7'T -8 002000 rn 03/22 CAR-RT SORT **CR 03 TIMOTHY LINDSAY 4 BALBOA COVES NEWPORT BEACH CA 92663 UU4Ul'4 001 U! j1 GWC OF NEWPORT BEACH DEPARTMENT 98129 LOUISVILLE KY 40298 000-01-84-A-C PLEASE PLEASE i�iE RETURN THIS PORTION WITH YOUR REMITTANCE TO NOTE J7 1, —1 (--AccotTNTNumBER ilt-LTDFROM _BILLED C DATE 56E 'L(109:12-1321255-02-7j -2-01 84 3-31-84 02-01-841 [1- _23 -84 1 FOR- 4 BALBOA COVES 12-31 BEGINNING BALANCE 1-31 BASIC CABLE SERV 1-31 CONVERTER CHARGE 1-31 BALANCE DUE .00 17.00 3.00 20.00 KEEP THIS POF FOR INSTALL OR BILLING-646-0586. FOR SERVICE PROBLEMS - -- 642 -3260. L FOR SEAL BCH. SERVICE, BILL, OR INSTALL CALL 963-3783 TOLL FREE . 0 ,111 v 7 0 2 February 1984 Dear Sir: 9 Please refer to the attached copy of my correspondence to you of December 1, 1983. Don't you find it a little ridiculous that I should still be receiving billings on this account when all that was left of the residence during this period was the foundation. Sincerely, Manager Group is Cable of Newport 901 west 16th Street Newport Beach, California 92663 PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT the City Council of the City of Newport Beach will hold a public hearing to consider the following: PROPOSED ORDINANCE AMENDING SECTION 5.44 OF THE MUNICIPAL CODE RELATING TO THE MAINTENANCE OF SERVICE, SUBSCRIBER COMPLAINT PROCEDURES AND PENALTIES REGARDING COMMUNITY ANTENNA TELEVISION. NOTICE IS HEREBY FURTHER GIVEN THAT said public hearing will be held on the 13th day of February, 1984, at the hour of 7 :30 p.m., in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, CA 92663, at which time and place interested persons may appear and be heard thereon. Mr. Don Mcl General Mar Community ( 1961 CAMELI NEWPORT BEE Beverly Pet General Mar Group W Cat 901 W. 16tt Newport Bee WANDA E. ANDERSEN, CITY CLERK City of Newport Beach City Clerk City of Newport BeaGb 3300 Newport Boule P.O. Box 1768 \2 Newport Beach, CA 9 11 DIPORTANr Public Hearing Notice M.E. Hershey 318 Pirate Road Santa Ate; Cal i NO , ' CITY OF • X""\ NE1a¢OnT 3EACN, .�, FEB €3 1984® Mrs. Susan McLaughlin 67 Balboa Coves Newport Beach, Calif. 92663 January 23, 1984 Executive Assistant to the City Manager 3300 Newport Boulevard JAN 25 1984 P. 0, Box 1768 Newport Beach, CA 92663 Dear Sir �tI�J Re: Cable TV Yesterday was just another episode in the number of times our family has anticipated viewing a good television program and find upon turning on the set, that the reception on the particular channel we wish to watch is very poor. On Super Bowl Sunday, channel 2 was barely viewable. We do not watch television a great deal, yet pay for cable so that we. will get good reception when something worthwhile is on. We have called and reported this poor reception several times. After usually one week to ten days, we finally get a service man out to check the set and he has told us, on several occasions, that they are working to better the reception. The reception on channel 2 yesterday was abominable. I appeal to you to do whatever is necessary to demand that CATV improve the quality of their service or grant the contract to someone who will / Very truly yours, [ t 7 j NR en Mrs. Susan McLaughlin 67 Balboa Coves Newport Beach, Calif. 92663 January 23, 1984 Executive Assistant to the City Manager 3300 Newport Boulevard JAN 25 1984 P. 0, Box 1768 Newport Beach, CA 92663 Dear Sir �tI�J Re: Cable TV Yesterday was just another episode in the number of times our family has anticipated viewing a good television program and find upon turning on the set, that the reception on the particular channel we wish to watch is very poor. On Super Bowl Sunday, channel 2 was barely viewable. We do not watch television a great deal, yet pay for cable so that we. will get good reception when something worthwhile is on. We have called and reported this poor reception several times. After usually one week to ten days, we finally get a service man out to check the set and he has told us, on several occasions, that they are working to better the reception. The reception on channel 2 yesterday was abominable. I appeal to you to do whatever is necessary to demand that CATV improve the quality of their service or grant the contract to someone who will / Very truly yours, [ t .77r, ZC- er rt.1 I i ry • Executive Assistant 3300 Newport Blvd P.O. Box 1.768 to the City Manager Newport Beach,CA 92663 1/7/84 . We were subscribers to cable TV, but cancelled after several complaints were ignored. The main problem with cable, as we experienced it, was the quality of the signal. We had better reception of the LA stations without the cable and after installing our own antenna, the picture quality was far superior. In our area, Shorecliffs, cable is welcome because most of our Los Angeles area stations are remote and behind high terrain. It might be a good idea to secure from the cable companies a guarantee that they will service also areas where quality is less than good. We would welcome cable back if we were assured of quality and we would favor-7a cable company with a wide selection of the various channels offering anything from just sports to all cultural programming with all shades in between. Sincerely, Nils -Eric Svensson 241 Evening Canyon Road Corona Del Mar,CA 92625 42- �� 11 198 l u>, JAN 3132n Aav e__v ✓ L?/ ez-1 //Lim :y� `- 4'6 y--)-663 13 TO: F—Executive Assistant to the City Manager P.O.Box 1768 Newport Beach, Ca 92663 JAN 0 5 1984 3 In response.to your request for comments on cable TV in Newport Beach: KSCI 18 San Bernardino- reception is always grainy. I get better reception with rabbit ears. KOCE 50 Huntington Beach- reception is bad sometimes. Always at night, escpecially when its raining. Picture appears grainy. Z Channel - many times picture will completely fade with loud static sound.. Their service overall I would rate as adequate. Their service response is ppor to fair. Very hard to phone them. Phones are always busy. FO M 115 MJes Kimball. O ko . WI 50906 1800558- -022n. 1� WI 1 8002420'.4W FROM THE DESK OF I' ' t 9 -e F7-1 C- k' OL i9O /Job 7 k A7 IVe 5 e.*- e- e QS of 2 sryO x 7�v 7 A W, ;t ;o!7 -Pitt c-,Ke Ar e 7`4 7! e V WILLARD WADE 1387 Gal-.xv Drive Newport Beach, Calif. 92660 16 2 Ill /LQ hk l ti 2 Ill /LQ hk i FROM THE DESK OF MARK ROBINSON i z1a 9'3 A2e . T L(f✓!'y+ (/f /L (,��L7,`G lj•<.�£GCi: -'�Lr / /..£.L✓�`r�c?i�"i''` -U/; £f 7" �jvr�� may, Z.; `L"✓ �% L "'� ✓, G%���iLG -I Si. Cif /r/ G�Lr2�'✓'''"� r%i'^ L���/��z�Gc7a"' /' � vW`�;+ /vr:Z`�1s^Z�i�y ✓ +.,- ,v• -ry li•- ,�iriG...,��/ &�T' -- �43 - - - - -- - - - - - -- - -- -% - -- - Az Jill", .: / K f9 J WON �_ - 663 v f r DEC 191983 y' O , jx� T v �/1 Q�t.e �scLe r Gs1 /UL zz `" ' .cam AA a�..., -4 0 -,M j AtiZ & -X �11'j CG GLC O( ye �:r, f' *y sEawcE wnre�lneR_aomrFtnv , CORRUGATEO'CONTAINERS & DISPLAYS 301 WEST WALNUT AVENUE COMPTON, CALIFORNIA 90220 TELEPHONE: [213] 537 -5250 December 27, 1983 DAVID M. HOWARD VICE PRESIDENT Executive Assistant to the City Manager 3300 Newport Blvd. P.O.Box 1768 Newport Beach, Ca. 92663 The recent issue of the "Citizen's Reporter" indicated your interest in subscribers views of the CATV service in Newport Beach. As a subscriber to Group W Cable I can only report that the poor quality of the picture is only surpassed by the miserable level of service provided. Unfortunately, being a sports enthusiast, -I am stuck with whatever level of service they desire to provide, and presently they do not care to provide much. Sincerei �---David How SID Canal? Newport Beach , Ca. 92663' DEC 3 0 1933 ��- George E. Ryan 401 Evening Star Lane Newport Beach, California December 12, 1983 Executive Assistant to the City Manager 330 Newport Blvd. P.O. Box 1768 Newport Beach, Calif 92663 Gentlemen: )9. DEC 4 1983 In reply to your request for suggestions regarding reception, service, etc. of Cable T.V., we have had a lot of problems 77 getting a telephone line thru for service. It appears they only have one line and you always get a busy signal. Additional lines certainly would be an improvement. You e tru You u Ge eg R .ge E. GER:ld January 12, 2983 TO: EXECUTIVE ASSISTANT FROM: ROBIN RANKIN, SECRETARY RE: RESPONSE TO GROUP WCABLE SERVICE Mr'.. Roger Mori., P.O. Box 3087, Newport. Beach, CA, .92663, called to report that his service was terrible_ He averages 4 to 5 hours a week without service. It is impossible to get through by phoning. He has stopped in and is always told the line is under repair. One month Mr. Mori was without service for 21 hours and Group W Cable refused to credit. 7 t /I/, /aG �jwT ,f /1 T• ttir►t �le/ISYYGr, r• i a?�.Tp ' /P dfw. C/ / �wd -ice/ Ti.•q, e .r 44a At evarL g�erzr sko Ars- JO'+a4 1v ➢`�.ri �, .d eoek 4d� es1 has �54s -;4 /'-�GPK/GQi 8,yvv S t ��aC.l2V'ti w��/ tP -o- Lilc.�C roy W4,4 s s� as y� / S ys, 4d,0ot dlG CL LT�►!%l l 1 &;r ! f L -r[s�cf/Y/1�dS✓ � 9l(j/ �sJ��/1%`t� -e� �/d� f `may bKG < KEG Sty /�r1�. p,�v�Gk <rh�� % l% �eca.ees �cof7`" d� fir �d- vor,7�� .re-�s arm drta� /a�d A ;7 . joke, a%ofwI` Vii'`' x4a j• ijr toe &AJ/e 7-71 s /ter.`► jZ-cs i i d Y- ri �r �G 3 t fir s�er o,-s -r` slw�v Iwo' j azie,6 ��` did ��.„� � 1, �wf ,,•�s�` �� t�[.wf v�• a� 70-e fires i� /aw7� a• �oa�i`c 40� 7Z4 Old �►ta�to -r.� r�«% � srs°��r..�e . �,. p`G.c has, s a'Ns�i /`�W Cl�C i'�.c+ /v a• ff )e Ae A H alidi�l ruopp o;e "4x r" e ilc. dza_o h 04 ypr /k _ /pia d a7 SO 1014t ! r d� •wad �_•� C [v "W// 40 aGD�ali� erect f:Ta�s p �/ his Ad. s A S< 'Ad� 440 %4 c 24we'a Av dG✓Gt��v r � MfPi Pi4..4 Ads Av X&,Fe a . tca4lo S x/11 a,~ Sc�vs•� � sapi.e,�jrvcyo kJ er /J/ /lemur .,�ce.v�ldly iras �'BVe'%rkt a.�r� Sos�6�r,G eiacIL��c In December of 1982 I had a problem. The cable company could not be reached by telephone. On January 1, 1983 I wrote to Group 'u cable at 901 tit. 16th Street because the phone always rang`. bust,. They did not answer my letter so on February 7th I went to their offices on 16th street. T +y problem was finally resolved by 'Rosemary'. „ The very next day I received a telephone call from Group h in response to my letter of January lst. I told them 1 had paid a visit to their office the previous day.. k':y comp„alints are as follows: 1. The cable goes out and no one is available to speak with me. 2. On channels 17 and 20 the decibles (L)B) of sound are too low. Other channels are too high.....especially when viewing a 'commercial'. Then the D13 is raised... Robert E. Leeper Sanuary 14th, 1984 To: Executive Assistant to the City Planager 3. When the cable goes out, my roof antenna gives a better picture from the L.A:. stations. Something is lost in cable transmission. 0 I hope these comments will be helpful in reviewing the current CATV ordinance. Sincerely, Robert E. Leeper 217 Amethyst Ave., Balboa Island, CA 92662 (714) 675 -2126 0 Group W. Cable: January 19, 1984 We have somewhat of a problem that we can only hope you can help us with. vVe were on the verge of canceling our cable subscription: with Teleprompter because of blurred, snow filled, pictures, with ghost images, and their obvious inability to do anything about it, when we heard that you were taking over. We were delighted because, as a disabled retired person, I spend quite a bit of time watching television. Your brochure assured us that you would provide us with better programing, better signal, and better service. We'll grant that the programing has improved however, the signal that we receive, most of the time, is as least as bad, and the service, although curtious,, and thurough, at this location, a two man team practically replaced the entire hookup, the results were usless because, as they said at the time, the problem must be in the trunk cable, whatever that is. As an example, for the year 1983, we kept a partial record of cable service problems. January - - 2 1/2 weeks of bad cable reception. Called twice, got repairman once. February - another two weeks out of the month, lousey cable signal, repairman was promised„ but never carne. March - - another 10 days of bad signal, repairman came, but said he couldn't fix it, that the problem was in the trunk cable. April - - - 8 days of bad signal, no repair. May - - - good only S days, possibly a few days more, as we were gone for a week. June - Good only 4 days out of the month. July - - - The cable was out for eleven days. August Cable went out on the 12th, called repair. promised for the 19th, he didn't show. However someone must have done something right somewhere, because on the 26th the signal improved. Called again on the 20th, out again. ,cptcnibc-r- Walled on the 2nd, louse_v signal, no signal on the `nth, also out on the /tad to the 29th. 33 October - Not too bad, cable out for only 7 days, the rest of the time it was fuzzy, and had ghost images. Noverber - Cable out for seventeen days, from the 8th to the 24th, the rest of the time it was fuzzy, with ghosts. December- bad all month, signal in and out, the rest of the time it was fuzzy with ghosts, it got so bad that it interupted most movies, so that we couldn't watch a whole program without an interuption. Twice during the year, out of anger and frustration, we have adjusted the amount of the bill to compensate for the weeks that the signal was unusable. When the accounting department called to find out what the problem was, we tried to explain it to them. Their comments were either, that they would send a repairman out, which they didn't, or the person in accounting would admit that they were having a bit of trouble with the west Newport trunk cable. On one of the occasions that the accounting department called, I didn't particularly like the financial run -a -round that I got. We were told that we couldn't deduct from the bill because, we were billed at the first of the month for the month ahead. Now I'm not in the habit of paying for a service that I have not yet received, and have to estimate how many days your going to foul up my signal. The point we're attempting to make with all this is; We entered into a contract with you people in good faith, to pay so much a month for a clear signal for selected programing, some at extra fee. If you could honor your part of the contract, you'd only hear from me once a month by check. Because your programing, as opposed to your signal, is enjoyed by us, we intend to continue the service. But, on days when your signal is lousey, I intend to call you and marl: each day on the calendar until it is fixed. At the end of the month I intend to subtract 1 /30th of the monthly charge for each day of bad service recorded. If this is not satisfactory with you, please come and disconnect me. The city of Newport Beach has provided inc with an oportunity to "kill two birds with one stone" so to speak, so I'm sending a copy of this letter to them in answer to their question, "How's your cable T. V.?' Sincerely, Ben Bracey 2 L 5 Oranhe St. Newport Beach, Ca. 92003 3y fG w r i A, 111 STEVEN L. VICKERS POST OFFICE. BOX 188 • CORONA DEL MAR, CALIFORNIA 92625 (714) 675 -1001 J�AyU y � Date \,51 1es o E4rvE /l% oly6 /N &DleO�,4 pjEL /,Y". � /'o� ZI ;Z5 '-A& ,C 1,411MIL /, DD ED 984 12 e/(y/�/(� //y M ! (i / / /V V I G'o/ � /� G x/�� i 9�Z5 35- J!A Opa) If / VL-4� !K '-V Kenneth R. Jame 1615 Anita Lane Newport Beach, CA Dec 10, 1983 Executive Assistant to the City Manager;.. Re: Cable TV DEC 1 41983 G.E.. �%aNu Reception on the local, Cable has been much improved since Group W took over from the previous incompetents. However, it is still im- possible to get through to the Service Department when there is a problem. Evidently, they take the phone off the hook or disconnect it entirely. It is true that they are probably working on the problem and it is corrected in a day or two but in the meantime, we do not know if it is in our set, if they are aware of the problem, or what is going on. The least they could do is make a recorded announce- ment available to callers. My second comment is that some local programming would be welcome. we have 'a local newspaper so why not a local •newscast on the Cable? we also have some fine Theatre Groups here so why not film some of the local productions? Very truly yours, Kenneth R. Jamgs._if� 1.39 0 January 4, 1984 Executive Assistant to the City Manager 3300 Newport Blvd, P. 0. Box 1768 Newport Beach, CA. 92663 To Whom It May Concern: • JqN 11 198�� In response to "Citizens' Reporter ", December /January issue regarding cable T.V. franchises, it is our experience that Group W Cable has an unprofessional, non - responsive service department, lacking the ability to properly service our community, Sincerely CvLLL�4�y GARY AND KATALIN BASSETT 415 Canal Street Newport Beach, CA. 92663 GB /b BUM BUf InEIf InTERIORf 132,'�15 iI'Yi 647 6972 7/ 0 PHILLIP A. PETTY 1720 KINGS ROAD NEWPORT BEACH, CA 92663 January 10, 1984 . Executive Assistant to the City Manager Post Office Box 1768 Newport Beach, CA 92663 Dear Sir: • I am writing in response to your recent request for input regarding cable television in Newport Beach. The service we have enjoyed to date, under both Cablevision and its successor, Group W, has been less than adequate. For example, all channels above channel 7 on both selector levels are snowy and less distinct than are channels 2 -6. Calls to the cable office usually refer to some "problem" with service in the Kings Road area, but no repairs have ever been fully made. I also subscribe to the Z Channel and HBO, both of which show the same interference. Occasionally, the Z Channel interference is so great that the,pieture is lost completely. The weather channel has relatively constant interference and, unlike most local cable services, ours apparently does not choose to augment it with accurate local readings. In short, I. would have to conclude that problems of long standing with our cable being addressed, and the service is less many other communities. there are 'maintenance service that are not than that enjoyed by �P JAN 12 1984 &1y A is ub o /k'ppt, Raun T 5 Y d K n Ski `\ 9 121994 12 JAN V3 00 • Clarence Judson Turner 1507 Antigua Way Newport peach, California 92660 (714) 631 -1982 December 12, 1983 Executive Assistant to the City Manager City of Newport Beach 3300 Newport Blvd. P. O. Box 168 Newport Beach, California 92663 RE: Cable TV To Whom It May Concern: p�G 1 - 15 I read in the Citizens Report a request for comments on cable TV service in the city. What a delight to see that request. I am more than happy to comply. We have been connected to the cable for several years. Right from the start it has been a constant problem of poor reception, followed by outright breakdowns and poor equipment. If you call for service, the customer is invariably put on hold (once you get through), and then you literally have to bargain with the company to determine when and if they will came out to correct the problem. After all that one finds them selves in the position of having to make sure the house is open all day so that the Group W people can arrive, . apparently on their schedule, to correct the deficiency. To add insult to injury they usually fail to appear. To avoid sane of the frustration I resorted to visiting their office to make the necessary appointments, and in some cases to replace equipment. 'Their office is a madhouse and one immediately concludes that there is an overworked and perhaps underpaid staff there to service our needs. Based on the various articles which I have noticed in the business section it is my conclusion that the start -up costs for this service are so horrendous that these companies have cut their staff to the very bone in the hopes of encouraging their financial statements to be printed in black rather than in red. The end result is extremely poor service for the customer. Our personal problem has been solved to approximately 90% satisfaction, not by Group W, but by a local television repairman. I paid them to come out and move most of the cable company's equipment, install an aerial and wire the set directly to the cable. This results in strange channels but it is fairly effective, yy Executive Assistant to the City Manager City of Newport Beach December 12, 1983 Page Two The bottcm line is that, based on our experience, our local cable tele- vision company simply is not doing the job. Since ly, J7% iarerl J. Turner CJT:gg Y6� �-�- Q- -n.-,� .D( a &�MV LAt1 ti Lit - m bvt�i° uo W4� i o rd d �l w y6 r ��Q I y7 aAAA -T til fV2— uc Iry lie yw L L-A/\- rn� d crnQ U n�t a„, . a ota_ t u 0--m m n, . rl J,N 27�a34 � t> rt m top 0 CD La rA ro, ft m 0 'D rt 00 G M o 0 n o In- M 0 W 0 A aq (D 0 rd o m 0 ;� m 0 GQ C-) (0 0 rf % (0 Pi 0 d 14 0 (0 0 0 -0 0 0 () M 0 C: o ta m m t'l 0 .0 't 0 rl :03 P, 0 0 :5 0 C: 0 00 :r o M Ct 0 QQ C') tA m Ho. 'W' m 0 1 O 0 amo �t m 0 M m 000, E rf rt aOa PH (D o 0 rt y rt M 0 H to ft C, 0 m 'C'X. "A OQ m H M �A. 0 9, Y. D. S li go M = 0 C, m ri — (D GQ 00 :r a, OM o w o C: I rt H Q ;5 m Rm n t 14 -0 - -4 r\ V, 10 - cx vg :M3 Ml . C, ty Oa 'L m '4 f q 7. -X� m A r AF o T It — t, reel �i��wii 4w . . . . . . . . . . . . . . . ...... ....... . . . . . . rt m top 0 CD La rA ro, ft m 0 'D rt 00 G M o 0 n o In- M 0 W 0 A aq (D 0 rd o m 0 ;� m 0 GQ C-) (0 0 rf % (0 Pi 0 d 14 0 (0 0 0 -0 0 0 () M 0 C: o ta m m t'l 0 .0 't 0 rl :03 P, 0 0 :5 0 C: 0 00 :r o M Ct 0 QQ C') tA m Ho. 'W' m 0 1 O 0 amo �t m 0 M m 000, E rf rt aOa PH (D o 0 rt y rt M 0 H to ft C, 0 m 'C'X. "A OQ m H M �A. 0 9, Y. D. S li go M = 0 C, m ri — (D GQ 00 :r a, OM o w o C: I rt H Q ;5 m Rm n t 14 -0 - -4 r\ V, 10 - cx vg :M3 Ml . C, ty Oa 'L m '4 f q 7. -X� m A r AF o T It — t, reel s ... _� _. ,; ,: _ �_ �� ;_ ': r � � � i !� '� � 112 - 38th Street Newport Beach, Ca. Y200 Dec. 23, 1993 City Manager 33DO Newport Blvd. P. 0. Box 1768 Newport Bush, Ca. 92663 Dear Sir: In response to the request for comments on cable television ` in Newport Beach, as set forth in the Citizens' Reporter for Dec.083 and Jan.184, I would like to offer positive comments in that I believe the service, reception, programming and costs of CATV, since having been taken over by Group W from Teleprompter, have been excellent. The company is quick to respond to complaints and the number of complaints on my part has decreased to almost zero. This is a pleasant contrast to the period when the company was owned ty Teleprompter, and both service and reception were haphazard, at best. I I would like to add that I nave no pecuniary or other interest in Group W other than as a subscriber to their local CATV. Very truly yours, CL W. J4's Wood DES,° 4 M December 28, 1983 Executive Assistant 3300 Newport Blvd. P.O. Box 1768 to the City Manager Newport Beach, CA 92663 Gentlemen: This letter is in response to a question posed in your Citizens Reporter dated 12- 83/12 -84 regarding cable Tv. I live in the Newport Shores area and have had cable TV service provided by Group W for sometime. I have called on the weekends several times and left messages with the answering service regarding having a service technician repair whatever problem we may have, however, we have not received any return calls. I have had to call again during the week and have to wait several days before a service technician was able to come out to our house. Recently, we would be viewing programs on ESPM, or HBO and we experienced some type of crossover where another program is being shown on the screen. Despite repeated attempts to adjust the fine tuning with the box provided by Group W and fine tuning my television, this has not improved the quality. This Thursday, a technician .should be fixing the problem. In addition to the problem with reception, there is the problem of busy telephone lines when one tries to call the service. incerely, Michael L. B'. � _ Burtobn � .':•.,� I �,, 40 ew 62nd Street Newport Beach, CA 92663 un �. 5/ O` (P O h OWED :� Paul H. Ryckoff { 199 � 1200 SO. BAY FRONT JAN 1 1 12 BALBOA ISLAND. CALIFORNIA 92662 (.716) 673311.1 ca4 e..w / r. �,O-,v.-zf I r4L 6f-l",« fick /17 ♦n'ca'nyrjsux ,,, .,„y a+} � F 1�+...Iac.tP'z`Ax rf N H • ,4 r 33oa �'', 17i �S- '.vim -�' � p/aw�..- • r./ U 4 2�7 / ✓ Grp -a.. _ �- -I% � v� :2 ���•a` �.L•t- ice; �scP ✓J. /'LPL' I )!u / /l��""/ p. J 11 • JAMES L. de Boom 1743 BAYPORT WAY • NEWPORT BEACH: CALIFORNIA 925M December 12, 1983 Gerald Bolint Executive Asst. to the City Manager 3300 Newport Blvd. P.O. Box 1768 Newport Beach, Ca 92663 Dear Gerry, After three years of fighting, I am still waiting for Group W Cable to provide a cable connection to my home. In 1982 1 appeared before the City Council requesting service from Group W and asking for a hold on their rate increase re- quest. The promise was made that they would get table to my home in the near future. In August of 1983, they strung cable from the telephone poles in my back yard, yet they have been unable to run the hook up to my house, about 40 feet., Let's get rid of Group W and get someone in like Cablevision who can do the job! S cerely J m de Boom cc: City Council DEC 2719 °3 ,i c., ° Ou,�, CaA 2 'i V c 5--o- cn.::z � (J t u- CAL •_ t, s-e �� �L - � IzI 4 ';-tt z n t ' 934 \ u a � \ t. st ° Ou,�, CaA 2 'i V c 5--o- cn.::z � (J t u- CAL •_ t, s-e �� �L - � IzI 4 ';-tt z n t ' 934 y _ i \. ss. i Susan Seif�gj ;i 1019 Granville Dr� JAN 2 � 1984 Executive Assistant to the City 3300 Newport Blvd. Newport Beach, CA 92633 Dear Sir: I have but one complaint regarding the cable Tv service available in this area which I have been using since August, 1982. At the tore of installa- tion I was told by the service representative that a. selection system compatible with the use of a remte control device would be available within a month or two. To date this device is not available to subscribers at,d I have been informed in numerous conversations with the cable company that they do not know when such service will become available. rwise I find the misrepresentation irksome. I have no complaints about reception, service, costs, etc. 56 25 January, 1984 Sincerely, 1. 9 0 t� i? FEB 03 1984.11 ' ,f i / // c� ct �. C,9 s ��' G��9'�,✓ ._.. �� Sze -�- U � W 59, 1 HENRY T. MOORE, JR. 423 Begonia Avenue Corona del Mar, California 92625 ((ll February 1, 1984 JCS. ":50P, �il��r : ?'•.�j Executive Assistant to the City Manager 3300 Newport Boulevard F.O. Box 1768 Newport Beach, California 92663 Dear Sir: I am responding to the request in the last Citizens' Reporter for comments on our cable T.V. As you are probably aware, shortly after Group W Cable took over, they increased the charges by doubling the monthly charges. While that seemed to me to be an inordinate increase, I assumed that a comparable improvement in service, repairs and reception would follow. It has not. One of the most irritating things about Group W Cable's service is that it is almost impossible to reach service people by telephone. The line is always busy. Once you do get through, you are left on hold for much too long a period of time. It would seem to me that if Group W Cable desires to continue operation of the cable T.V. service within our City, they should be required to provide adequate personnel and telephone lines to handle complaints and service calls. Otherwise, they should be required to lower their monthly charges. HTM, JR/ jej Very truly yours, HENRY MOORE, JR. Feb. 2, 1984 , 9 ` Executive Assistant to the City Manager r FCB 0 6 m4 3300 Newport Blvd. P. 0. Box 1768 Q :ry m ar:x" Newport Beach, California 92663 , w l Dear Sir: ro I respond to your invitation, offered in.the last Citizens' Reporter, to comment on our TV cable service. Over the years I have had many occasions to contact (or try to contact) the cable company for various deficiencies in their services. The following is a list of my major complaints. 1. Poor signal. The community where I live is one of the more remote locations from the Group W transmitting station. There is an "end of the line" effect which degrades the signal in proportion to the number of users tapping into the line before the last subscribers. The cable company has promised to put in amplifiers or boosters, but this will amplify the noise as well (technically this will leave unchanged or even perhaps worsen the signal to noise ratio). All the stations have a prominent white band that continuously runs up the TV image - at times this becomes almost intolerable. Some of the stations (ironically the ones I would like to see most, such as the information and public service stations) have a strong herringbone pattern which makes it impossible to view. The meetings of the Newport Beach City Council which Group W presents as part of its community service requirement is very inferior - although I would be interested, I never try to watch it. The cable company has issued a statement that it is upgrading its equipment and improvement will be ahead. I can perhaps be excused for being skeptical of any early improvement, given my past experience with the promises of the company. 2. Malfunctions. There are many occasions when the signal fails for long periods. This is often true on week -ends when the best programs are presented. Any attempt to contact the company by telephone results in a busy signal or no response at all. My community, Cameo Shores, prohibits outdoor antennas Otherwise I would dispense with the present cable service. 3. Bad programming. What constitutes a "good" program is, of course quite subjective. Even so, there are grounds to criticize the recent additions and deletions of programs. It would cost very little to send with the bimonthly bill a questionnaire to determine which of the available channels the public would prefer. Someone, not the subscribers or the City, is determinig. that we shall have MTV, the Disney channel, and a health channel, for all of which I might be agreeable if they did not displace other programs that I find more to my taste. In particular I have written letters to the company urging the inclusion of the Arts channel, and when I could get through I have telephoned in a like vein. Although I hve been treated courteously, I have been misinformed about their plans and intentions. I have been assured the program is being immediately started, later that a transmitting part is missing and being sought, etc. I find the company very evasive, disorganized or perhaps both. Certainly when a large part of the city is a captive audience, it should have some input on what it views. 60 .A 4 h/ 4. Misinformation. There are programs which are sent by satellite from distant stations to Group W which normally retransmits them to the subscribers. Certain of these programs, mainly sports events, are bLacked out with the screen showing the following statement. "We are required " by the FCC to delete the program that is scheduled at this time. A local station has exclusive rights to show this program ". This statement is simply not true. The FCC has no jurisdiction over what is sent by cable and does not invest any station with exclusive rights. There is simply an agreement, which I believe the city should be privy to, between Group W and a local subscription TV or other commercial outlet. The city may want to require a rebate of part of the cable fee to compensate for the lost programs, as well as for the down times mentioned in 2 above. I, and I believe a great many other residents, are unaware of the rules and regulations which the city imposes of the cable company, and of the duration of the present franchise. Perhaps these could be published in a forthcoming issue of the Citizens' Reporter. Sincerely yours, n Ky �. ck rl . lyk e.2 Donald A. Darling 4717 Hampden Rd. Corona del Mar California 92625 January 30, 1984 CITY OF NEWPORT BEACH Ms. Beverly Peterson General Manager Group W Cable 901 W. 16th Street Newport Beach, California 92663 OFFICE OF THE CITY ATTORNEY (714) 640-2201 Re: Surety Bonds and Certificate of Insurance Dear Ms. Peterson: Administrative staff has brought to the attention of this office, that Group W Cable has failed to provide Surety Bonds and Insurance Certificates as required by Newport Beach Municipal Code Sections 5.44.120 and 5.44.130 which provide, respectively, as follows: 5.44.120 (A). The Grantee shall ... maintain in full force and effect . a Corporate Surety Bond ... in a form to be approved by, the City Attorney, in the amount of $100,000.00 5.44.130 (B) The Grantee shall ... maintain in full force and effect a general comprehensive liability insurance policy which shall insure Grantee and provide primary coverage for the City, its officers, (etc.) ... against liability . occasioned by any activity or .operation of Grantee under such franchise. . with minimum combined single limits of liability coverage in the amount of one million dollars. Failure to provide the required Surety Bonds and Insurance Certificates constitutes a violation of the noted Code Sections. Contained within the City file relating to the Franchise Agreement with Group W Cable, is a letter dated October 27, 1982, from Jerry Bolint, former Assistant to the City Manager, to you City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 t .a CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (7141640-2201 January 30, 1984 Alan R. Rothery Rothery ROH Development Group 3561 Howard Avenue, Suite 102 Los Alamitos, California 90720 Rep Use Permit No. 2046 - 1522 Placentia Avenue Dear Mr. Rothery: Enclosed, please find your proposed Covenant to Restrict Gross Floor Area, pursuant to a condition of Use Permit No. 2046. I have interlineated the proposed document with the legal descript -ion. I have also added the specific square footage to be reflected in the Agreement portion of the Covenant. Please have the Covenant prepared in final and signed by yourself along with Anna M. Roh. You may then have the document recorded along with a conformed copy to be transmitted to Mr. Bill Laycock, Current Planning Administrator, City Hall, 3300 Newport Boulevard, Newport Beach, California 92663. If there are any further questions, please advise. Very truly yours, '2�b -S �aj - Robert D. Gabriele Assistant City Attorney RDG /dt cc: Bill Laycock City Hall 3300 Newport Boulevard, Newport Beach, California 92663 'When Recorded Mail to: RDTHERY ROH DEVELDPM[M Gib 3561 Howard Ave., Suite 102 Los Alamitos, California 90720 COVENANT TO RESTRICT GROSS FLOOR AREA Recitals !LY � �(er . On March 22, 1982, the City of'Newpo t Beach City Council approved Use Permit 2046, said Use Permit to allow the construction of an office building at 1522 Placentia Avenue, in the City of Newport Beach, and more specifically described as�t As a result of said Use Permit being issued, a number of conditions were attached, one of which was a condition requiring that in consideration of granting the Use Permit to exceed the basic height limit for the District, the applicant was to record a covenant binding him and his successors in interest in perpetuity to a gross floor area floor limitation of .56 times the buildable area for the subject property. Agreement y� The applicant, Rothery Roh Development Group, and its successors in interest in perpetuity, agree that the gross floor area of said building shall be limited to .56 times the buildable subject area of the property, or.. ' ,F +— total gross square feet of floor area. T= n ACKNOWLEDGED AND AGREED this 23 day of ,1984. OU A California. rni D OP Tj OU A California' enera Pastne ship I ,1 By A . ROTH - RY Gener Partner By ANNA A. ROH General Partner of 11M 4111 ww"N" -� - can OF aEnroar eEwcM C{.� AGENDA A.. October 28, 1983 DEC 121983 . (GUY -M E A Kai n lw� The Honorable Mayor Evelyn Hart, City of newport Beach; Counci : � ip R. Maurer, Bill Agee, Ruthelyn ummer, john ox, Jr., Donal r Jac Heather; City Manager Robert L. Wynn, Newport Beach City H "� 33004I�p Boulevard, Newport Beach, CA 92663. ' PETITION tt -/ C .31983• DE rEC �� 5 Subject: Group W Cable TV Overhead Transmission Plans We, the following undersigned persons are property owners in �flNewpor Beach. We wish to make you aware that there is a geniune concer rding the future plans of .m 1. Group W TV are now involved in engineering plans throughout the city. 2. We do not want. Newport Beach to become a "Jungle of Cable and Poles." 3. They are now measuring poles for installation of Cable. 4. We want preparation for overhead Cable by Group W TV Company to stop. 5. Is Group W capable of using all the vast technological knowledge and items now availab el , to improve and extend our underground system? 6. Economics should not be a factor, abandonment of underground system is wasteful, a step backward, and not highest and best standards. 7. We want Group W TV to continue the use of an underground system. 8. We clearly resent the fact that Mr. Kenneth J. Delino, of the City Manager`: office, and Liaison Officer to Group W TV Company is in favor of overhead transmission .lines. We want facts and information upon which we can rely. We do not want to be told that Cable TV Companies have the "option to use overhead lines," when they do not have such option. 9. For: Cable Television companies do not have the "option of using above ground transmission lines whenever other utilities such as telephone and electricity use above ground lines." 10. We refer you to #13 the agreement between Cable TV and Edison;: "Nothing herein shall be deemed to grant to CATV any license, easement, assignment or other right to exercise any of Edison's right to erect or maintain any poles, electrical lines or other equipment over, through, under or upon any property of another." 11. We wish to preserve the beauty of our city. This plan can only destroy Newport Beach and therefore: we want results from you, our City Council to protect us against overhead transmission lines. 12. The undersigned Newport Citizens will not: A. We will not permit our private property easements, and air space to be used for overhead transmission lines by Group W TV. B. We will not permit workmen for Group W TV Company to enter our private properties to service overhead transmission lines. In conclusion, we want to be taken seriously by City Hall because we have investigated the facts, and the future beauty of our city rests in your hands. Respectfully submitted: _. Petition EXHIBIT 1 Group W'Cable - No overhead Wires Petition _EXHIBIT. 1 See pages 2 & 3 for. CI signatures ZIP s 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 26 26 27 2E �J.m" /nos -Z� 3 `- ° �- .el L. �lee) h �C9 ru /G o �. (S'§SZs P JU Petition EXHI-IT 2 R0 ro y /oo (5 V,4D � e Cable fYr 3 s 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 26 26 27 2E �J.m" /nos -Z� 3 `- ° �- .el L. �lee) h �C9 ru /G o �. (S'§SZs P JU Petition EXHI-IT 2 R0 ro y /oo (5 V,4D � e Cable fYr 5 6 7 8 9 20 11 12 23 14 15 16 17 is 191 MI Bill 22 23 24 25 26 27 2811 mm CLA-� 4- ldpll ell T— V 7 Qj/ zillt - 1 116( )044-k /I// C/I 1-41w / /.y t3 NZ 4r- 47 Petition ��444DTLM More signatures Coming No Overhead Lines iD GROUP IV We do not want Newport Beach to become a "Jungle Of Cable and Petition EXHIBIT 4 No Overhead Lines Newport Land July 8, 1983 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884 Mr. S Mrs. Robert McGiffin 1891 Cliff Drive Newport Beach, CA 92663 SUBJECT: CABLE TV TRANSMISSION LINES Dear Mr. and Mrs. McG'iffin: Office of City Manager 714- 640 -2103 Pursuant to your telephone call of July 5, 1983, 1 have investigated the installation of aboveground Cable TV transmission lines near your residence. The surveyor who was in the area on July 5 was from the Group W Cable TV organization and was taking preliminary measurements for a planned rebuild of the cable system which is in need of repair. If budgets are approved and schedules are met, this rebuild should take place within the next two years. Cable TV companies have the option of using aboveground transmission lines whenever other utilities, such as tele- phone and electricity, use aboveground lines. The plans for the rebuild in your area have not been finalized, and will be reviewed by the City prior to installation or construction. I hope this information is helpful to you. Please feel free to contact me directly on this matter. We are pleased to help you on this or any other matter which concerns you. Sincerely, H J. KENNETH JUDEO LINO Executive Assistant KJD /m ,a Petition F..XHT BIT 5 }` No Overhead Lines 3300 Newport Boulevard, Newport Beach F 1 Pdic Cnnta. t. Community Antenna i e.cvuWuCQwpwaiesl $uutlasrn Cabtomct l l,d ;'p urv. a :corporation t "FUlionl and WOR BEACH CA2LE'lis %Gy a Coroor . (cpccify whether an individual', patturship or corpoag0un) i"C.a,T \ 1 hereby agree Ow Iowa and after the -date a)C this Al;n ement. the following Terms and conditions 3ha11 _ ... sole owner or owned ;oially with other parties. This Agreement di W....y.da.ru... .]tl4 ,; ... a.r t .... :. .. r \t.—: -e.. •.1:11 could be piaccd noon said poie by remuv,rg C A 1.V,'i equipment Oerctium. Or ny reatrut;ingL.. exia<in ;aaeun.e. „ cmurt sl,li notify CA,T,V. of the- ixunrgements of facilities: or pole replacement and transfers of facilities required in order to conanu 8. the accommodation of C.A.T.V.'s equipment, together with an eittmatc of toe cost of nuking any such changes:. mid if C.A N. �. o.csres to continue to maintain its equipment on yid pole and so noaGe+ Cdison. Cduun shall within a reasonable time mite such puia replacement a may N required, and Cd'uon Anil any other dwncr, of said existing facih:ies shall make such rearrangements or t.mafer; all ut the oOle risk and cspense of C.A.T.V., and CA.T.V., on demand, will reimburse Edson and each such other owner for i tee chure expense .thereby incurred, I f CA.T.tr. elites not w notify Edison. C.A.T.V,. shad. at its sole expense, and risk, remove in equipment from such pole within thirtyi30t Sal s Santo such notiiiatiun by Edison. g.. If C.A.T.V, diall nuke attadyncnts, contacts or installations of equipment as herein defined to any of Edison's poles or to portions or spaces of any pat,, iointip owned by Edison with others in which Fdi:,on has the right to attach its wires, cables and equipment, such attachments :having been made by C.A.T.V, without Editor% perfusion hereunder, or if C.A.T.V, :is N default of any other term or ;ondiltun hereof. Edison may ut its option remove :anv or all of CA:C.V,'s equipment attachard to or installed upon any of Edison's solely or jointly owned poles. whether wuh installations err attachments were nude with or without Edison's permission: Any n:movais of equipment pursuant to this paragraph shall beat tilt risk of CA.T.V, and any such equipment as Edison shall w mine" shall be stored only for u reasonable it= by Edison and dispowd of thereafter for C.A.C. V.'s Account in a mariner to be determined wMy by FdOon. CA.T :V, shall reimburse Edison for all costs art removal and storage incurred hereunder. If any CA.T.V. attachments made without prior approval of Edison arc subsequently approved by I'.dison. CA, f.V, Audi pay Edison upon demand an amount equivalent to two 422) years' annual rental for welt pole w conlucu:%i computed at the annual raw then in effect in addition to all other costs or charges .payable hereunder. _ 9. In order to keep the number of poles on public thoroughfares a 0 elsewhere to a practi alilc minu,tn.n, CA.YV. agrees not to cross any pule of its own in or new any locatinu where Edison is willing to accoinitiviate CAT V•'s equipment .'It to provide a pole adequate to aWominodatt: CA.T.V,'s etuipment. CAT V. further agrees atilt tit erect airy p air of its Own neat any tinting pole cat Edison and further not to erect any pule of its Own where no pole exists u11141 ,Edudn nohtics CA.T.V, altar Edison dos not desire to elect new polo facilities at err near that location. 10. Nothing in this Agteentenl shall create any obligation in Edison a) grant penntcston an caw any of its polio,nti nothing herein shall. restri:t C.A.T.V, from negotiating with udaer pole owners :'tor use tit sira,:e on dire ptslep or tin gawe on a —l<3 . jointly owned by them with Edison. - 1 f. (a) Wien the auchorage requirements of C.A.T.V. and Edison arc cuim idcn6 u, the sale pulamaail a•f(.dt,.m, the strains of Edison's facilities and C.1 :T:V.'s equipment ern the pole% dFneveu shall lae held by tiro Mille fitly% >uW .i,aclwns %vane,, Edison deems it desirable, C.A.T.V. shalt.install or if Edison so elects it will install, wpar.,ic hays to andutrs- err hush, in hall.) file :strains of CA. r.V.'s equipment upon said pnlas, at CA.T,V.'s sole risk a,ad cxpeusc and An its a ... lutn. Atli, land. 'win.a,c „gvx andlor anchors deurib:d in this part stall be owned and ntaiutaincti by C.A.T.V. lb) Warn. of tile sole opinion of Elliman. airy etistnug . guying lacnitu °..err dada.quut, ms 9ada1 liv. -Hants to ..rd.. by C.A.T.VA ettuipment, anti sepwate .guying facilities arc alit denied. or of guyllig b, 111011 1 e,nK :us:d b;, 1'.1 . a-c, :11 the opinion of Edwin. madcquatc to hnW additional strains restating C out the pl.wo g cal al., addttilmai larihtir „,n the , ,dc, wvoi ..21 and We guyinu fac litics world :ire been adequate to •odd the adJtt"on:d strains hat iar the wain, iesuhnp; goat cquioment thereon. Edison may mplace the existing guying facilities with adcttuatc- guying iacthttes at the sole ask and expense of C.A. T.V, and C.A.T.V.. On demand... well reimburse Edison for the entire cost thcreut. 12 Edium reserves to itself and t0 eaeh other owilur of faedlliex upon sa:d poles the right to maintain saidpnlcs and to opente their facilities thereon in such manner as will best enable it to fuiiill its own wrv•ice requirements, and neither Edison nor any said :owner shall be liable to CA.T.V, for any interruptions to CA.T.V.'s service or for any interference with the operation of C.:.T.V.'s equipment arising in any manner from late use of said Toles and the facilities thereon by Edison and each said other 13. CA.T.V, will obtain from publie authorities and priva:c owners of real property any and aU permits. easements. licenses, franchises or grans necessary for the awful exercise of the permWion granted by the appraini of any application hereunder. Nothing herein shad be ucemed to gait to CA.T V, any license• casement. assignment or other right to exerciw any of Edison's rights to erect or maintain- any -poles, tiectricuf lines or rather equipment ,-cc, through, under or upon any property of mother. C.A.T.V, agrees to indemnify. hold harmless aid, at the option of Edison. defend it against any dun. damage. penaitics, uabaii:y or expense. caused. by C_A.T V, or claimed to he s.a caused arising out of any art or omission of C.A.TV..'iac:uding attorney's fees. which Edison or any third ,parry or parties may suffer or incur• including without Limitation. any loss, damage. cost, expense of habii'. :y suffaxed or incurred or alleged ro be suffered or incurred by reason of ;Sic iailum of C.A.T.V. to comply with the provisions of this Agreement. or arising out of any invasion Or aiucged :invasion of property rights .. of third parties by Edison. i s t. ,; :crs. employees. sacceawn or assigns - :matte or done .pursuant to Late provisions cc this Agrc_nrent. Nothing in this Agreemen: s: ah tea canstrtted.;n confer any permit.:icense or ;rent to use the property of say persons niter than.. the written licenw in use Eat:iin's poles. +. , in at unv ttmu,at iu own sac a,g anu :'uxpense. upon notice from Egiwn. rcioeate. replica. or n:aew its equipment or t'aaser it to other poles, or perform any other work in connection .. with said equipment as may be requi:ed by Edison an Edisnn's wit: dcu:rehon provided, however, tnatin such ca., as may he determined by Edison. Ediuin ' v- 1 C. :.T.V s m.'t rule and expense. relocate. repiaee or renew equipment, transfer it blather poles or perform any other•wnrk in itnection wah said equipmeat tea;.. may be required in the maintenance, replacement. removal or relocation of said poles or tIm 1,2441 s thereon or whi ah may be ptaced thereon, or for Cite service needs of Edison and. of each other owner of facilities on Or p,tteS. TV.. on demand, wail ,cimburw Edison for the cnti:e expense thereby :ncurred. 15. (a) C.A.T.V. :may at any time ".move ail or part vi i :s cquicmcnt from any of yid poles , in ch su tux, it. shall immcnNalebr give hdiwn wrawn :'d:iuu of xuch ry =va1 to The number or copies. and an tho form from rthtrto ti .: prey.`"cq by Edison. Removal of such equipment from any pole mall constiiutc a termination of C.AT.V,'s right to use such , it as an : Ru+pmept as had been removed.. * Note* This #13 is the agreement between Cable TV & Edison, It does not give them the leright to use Edison's Easement on private property.",.., Nor to use or cross over private air space above private ground ... K quote Edison Co. Officials and their agreement wording. Petition EXHIBIT 6 Group W- No Overhead Lines v3 6 vG �i`'y `'%b cst THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a corporation, hereinafter called "Licensor ", and Newport Cablevision A Division of Teleprompter Corporation wi;ui ,,at own service rcquucolents, a „u ueiiiner uuor n, i sgnd othcrc' sua,i be uw c to L, c iur a ur terruption to Licensee's service or for any interference with the operation of Licensee's equipment arising in any manner from the use of said outside plant and the facilities thereon or therein by Licensor and each said other owner. 9, Licensee will obtain from public authorities' and private owners of real property any and all permits, licenses or grants necessaar for the lawful exercise of the permission granted by any application approved hereunder; and Licensee shall submit to Licensor evidence of compliance with the foregoing requirements prior to or at the time of making appli- cation for permission to place said equipment on or in said outside plant. M Licensee ;hail at any tune, at its own sole risk and expense, upon notice from Licensor, relocate, replace or renew said equipment or transfer it to replacing outside plant, or perform any other work in connection with said equip- ment that may be required by Licensor; provided, however, that in cases of emergency, L en'or may, at Licensee's sole risk and expense, relocate, replace or renew said equipment, transfer it to replacing outs' l in, or perform any other work in connection with said equipment that may be required in the maintenance, repla •m removal or relocation of said outside plant or the facilities thereon or therein or which may be placed thereon c tiler ii or for the service needs of Licensor or any other owner of all interest in said outside plant or of facilities Cher nor lie in, and Licensee, oil de- mand will reimburse Licensor for the entire expense thereby incurred, IL Licensee may at any time, subject to the provisions of Licenser's %ff)[9c rules, n of said outside plant and, in each such case, Licensee shall immediately give Licensor written number of copies and in the form from time to time prescribed by Licensor. Removal of said said outside plant shall constitute a termination of Licensee's right to use such part.. 12. For the privilege of placing and maintaining said equipment on of ill said uutsid to Licensor tugounts to lie computed as of the first day of 7s.ttttary and as of the lust Jay of during the existence of this agreement in accordance with the following applicable ionuula(c): (a) Pole Attachments: (A x B) + (C x D) =, Total amount of'sciniannual payurslt. A = Total number of cable attachments to said poles as of the date of computation. B = 51,25 C_= Total number of amplifiers attached to said poles as of the date of computation. D = $.SO (b) Conduit: (A x B) + (C x D) = Total Amount A = Total number of duct feet occupied as of the date of computation (i) where Li'censee's cable is in a duct occupied by Licensor's cable or the cable of another authorized user or (ii) where Licensee's cable is in a r:F vacant duct where in Licensor's judgment, subsequent cable placement is practicable. B = 5.15 is quipment from any of skrli removal in the ucut a any part of lit, Liccim-c shall' pay of each calendar year C = Total number of duct feet occupied . as of the date of computation where Licensee's cable is placed in a vacant duct and it is of such a type and size to preclude the subsequent placement of additional cable. D = S.3 Petition By giving six (6) in Exhibit 7 to time increase or decrease the rates, or any of them, specified in (a Group W— No Over Lines ate on which the semiannual payment here- .3- 2_1 is Ali f f Haven Coommunity Association BY THE CITY COUNCIL CITY OF NEWORT BEACH' OCT 111983 • .e City Council, City of Newport Peach SEP 2119® CYE1V�t�C'. Beach, Califomia 92663 -0332 ber 10, 1983 Please be advised that our association is opposed to the proposed above ground installation in our area by Group W. Cablevision. We feel ghat it will be an unsightly step backward for our neighborhood. Melvyn Kiddie, Member Board of Directors ES o GenSery Dir. 0pB$RDiir. o Planning Dh. C3 Police Chief Q P.W. Dif 0 other 9 BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 2 6 4983 19 / l q 0 6- NoNPoA:--( � cq _ country as well. ca Dean Waite, . executive book:, installation appointments. director = °director of the Cable service app Television Administra• Warner Amex will at- Television and Marketing So- ciety, agreed. "There's no question that it's a national problem," said tempt to lower the over- booking rate to five per cent. I . — Howard Polskinn eaders' Guard News's Washington au took on a §imilari- a.. Lou Grant: script on 29, when a man. ,rd into the lobby, �q out a p45 caliber .1 and demanded to nt," ='p tea oerore oad Tonight was go on air. A quick inking guard;. reg Dqn 24, con nced tPe''ntruder that is net>ork news room as. o th bureau's noccu led si th floor (it ctuall is in he base- lent) and k pt him coupled while anchor eter Jennings, some ides and Jenni s' 4- rlinrinued on Page -134 GA 90069: We are please introduce a new feature this week ''Views and Previews," by w version of a familiar one, "This owes;' by Stanley Marcus, an n that has been run- _ Judith Criss They replace the 's weeks Highlights' - . nmg during the summer months. Ju nst re o our pages to offer her dis- tractive reviews of the week's network 'me movies and also to assess not worthy films scheduled on cab an es Stan `T -y. -y-.Marcus will cover the no movie portion of the sc e, previewing and comma t on those offerings that are of unusu Brest each week. . A2 TV Los Angeles Metropolitan Edition _ fl yS Now) P�L� --- Ptcz�Rt saw�o��z7 —t�c1 c►7 alias May Fine Waite. "Gable is trying o ; but - -- - -- - - improve in this area. CablDe Sysc�tern t has a long way to 110 For Poor Service -One of the most call blesome problems is call One American city is abandonment, where tackling one of the most Dallas costumers are persistent problems that unable to' contact the plague the cattle -TV in- ble company because of r4 -- dust —poor , customer ry congested telephone lines. Last May, of 63,814 service Dallas may fine its local cable -TV system, customer calls that were Warner Amex, $200 a day attempted, 38 per cent SF? - it it doesn't improve its. were unable to reach the customer service by mid- company and subsa- �+r, � Octooer quently hung up. The av- waited for /f,� •= � f 'S' "The service has been erage caller 4.7 minutes. The city .9� __ { �A 9 atrocious," commented Thomas James, director wants the abandonment five of the city's Division of rate dropped to •j' _ Consumer Services. per cent. Another trouble spot is \\ "And it's my impression that it's bad. all over the the tendency for the __ file company to over- _ country as well. ca Dean Waite, . executive book:, installation appointments. director = °director of the Cable service app Television Administra• Warner Amex will at- Television and Marketing So- ciety, agreed. "There's no question that it's a national problem," said tempt to lower the over- booking rate to five per cent. I . — Howard Polskinn eaders' Guard News's Washington au took on a §imilari- a.. Lou Grant: script on 29, when a man. ,rd into the lobby, �q out a p45 caliber .1 and demanded to nt," ='p tea oerore oad Tonight was go on air. A quick inking guard;. reg Dqn 24, con nced tPe''ntruder that is net>ork news room as. o th bureau's noccu led si th floor (it ctuall is in he base- lent) and k pt him coupled while anchor eter Jennings, some ides and Jenni s' 4- rlinrinued on Page -134 GA 90069: We are please introduce a new feature this week ''Views and Previews," by w version of a familiar one, "This owes;' by Stanley Marcus, an n that has been run- _ Judith Criss They replace the 's weeks Highlights' - . nmg during the summer months. Ju nst re o our pages to offer her dis- tractive reviews of the week's network 'me movies and also to assess not worthy films scheduled on cab an es Stan `T -y. -y-.Marcus will cover the no movie portion of the sc e, previewing and comma t on those offerings that are of unusu Brest each week. . A2 TV Los Angeles Metropolitan Edition _ fl yS Now) P�L� --- Ptcz�Rt saw�o��z7 —t�c1 c►7 M AML �CQ —TA -\j d� u r V1 April 25, 1983 Honorable Mayor and City Counck33!' .' J iL 4 i City of Newport Beach - City Hall -i 3300 Newport Blvd. Newport Beach, California 9266 _ -� Ladies and Gentlemen: Recently the Group W Cable service for Newport Beach was permitted to raise its rates appreciably, approx- imately 30%. The cable service being essentially a monopoly needs City approval for its rate structure to avoid over charging. It would appear a raise of this magnitude could not have been sustained by any normal commercial, competitive enterprise. Upon inquiry I was informed by an assistant city manager that this high increase was authorized by the City soley because the cable company has not raised its rates over an extended period in the past. When supervising a utility operation it is necessary to check into its capitalization, return on investment, level of service, executive compensation and many other facets which bear on the rates the utility may charge. These inquiries should be opened to the public for its comments. The level of service provided by the cable company can only be described as non - existant. On a recent trouble call it took seven calls to speak to the service man who then informed us that he was the only service man for the area and he could not make a call for ten days which was more than two weeks since the original trouble call. When he came to the house he informed us that some amplifier originally installed by the cable company needed replace- ment and that this new cable company did no longer provide this item and we would have to get it done by someone else. n 0 EiC] 0 17�7'- H. J. LORENZ +c.^- . D 165 SHORECUFF ROAD SrsY�.i CORONA DEL MAR, CALIFORNIA 92625 9� April 25, 1983 Honorable Mayor and City Counck33!' .' J iL 4 i City of Newport Beach - City Hall -i 3300 Newport Blvd. Newport Beach, California 9266 _ -� Ladies and Gentlemen: Recently the Group W Cable service for Newport Beach was permitted to raise its rates appreciably, approx- imately 30%. The cable service being essentially a monopoly needs City approval for its rate structure to avoid over charging. It would appear a raise of this magnitude could not have been sustained by any normal commercial, competitive enterprise. Upon inquiry I was informed by an assistant city manager that this high increase was authorized by the City soley because the cable company has not raised its rates over an extended period in the past. When supervising a utility operation it is necessary to check into its capitalization, return on investment, level of service, executive compensation and many other facets which bear on the rates the utility may charge. These inquiries should be opened to the public for its comments. The level of service provided by the cable company can only be described as non - existant. On a recent trouble call it took seven calls to speak to the service man who then informed us that he was the only service man for the area and he could not make a call for ten days which was more than two weeks since the original trouble call. When he came to the house he informed us that some amplifier originally installed by the cable company needed replace- ment and that this new cable company did no longer provide this item and we would have to get it done by someone else. n 0 EiC] 0 17�7'- i� _2_ Net result, no Z', HBO or Showtime channel for over a month, however, the billing in the amount of $45.75 per month continues. I believe that rate hearings for Group W Cable should be re- opened and that the public be invited to attend or comment in written form. Ver'yy trul, yo s, ans L renz A- HJL /jcr cc: Group W Cable Newport Beach, Calif. r3 • 901 WEST SIXTEENTH ST, NEWPORT BEACH; CA 92663 (714) 842 -7467 Mr. Gerry Bolint 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92663 -3884 Dear Mr. Bolint: IaUP wo CABLE Group W Cab[, Imo, A Subsidiary of WESTINGHOUSE BROADCASINGANDCABLE, INC. May 2, 1983 In response to the attached letter of April 25, 1983 from Mr. Lorenz, who resides at 165 5horecliff Road, Corona Del Mar, concerning his service or lack of service, I respectfully offer the following explanation. Mr. Lorenz had an in -house amplifier which is used to provide a stronger signal when two or more television sets are fed from one line. Teleprompter and Group W Cable do not use these amplifiers and at this time it is unknown who initially installed the equipment. During the heavy rains a power surge due to lightening destroyed the ampli- fier. Our technician explained this to Mr. Lorenz's butler on April 19, 1983. Mr. Lorenz, did in fact, obtain a new amplifier and did not have it properly set up. Our technician was out to his house on April 26, 1983, set up the amplifier properly and the television sets were working fine according to Mrs. Lorenz. The service in Mr. Lorenz's area has not been "non- existant ". It is our on -going caanittment to correct and re -build all of our Newport system. We value Mr. Lorenz as a customer and wish to continue a vital relationship. Sincerely, } Beverly Peterson General Manager cc: Mr. H. J. Lorenz BP /lw Grail W Te1"i011 KDKA•TV, Pittsburgh . KPIX(rA San Francisco • KYW-W, Phgedelpim • WBZ -TV. Soaton • WJZ -W, Wfie re • WPOUN Gmllotte GMM W PAda KDKA MW WPM, PBsbrsgh a KFVM Los Argeles a KJOY, Ban Diego • KOA%� • KODAHauston a kM Derner • KYW,PhtledWhb V434 8ostm • WIN4 CNCago • WINS, Now York a WOW4 Fort Wayne Group W Cable Fllmetion Associates • Group W Productlons • Group W.Satellite Communicatimu • Group W Television Sobs Home Theater Network a Muzak • Radio Advertising Representatives • TVSC JJpF OAA MENDA s Lj p N. 2` city of orange 910E bawd `4oe TY cP� incorporated 1888 . orange civic center • 300 east chapman avenue • orange, california 92666 post office box 449 'o o office of mayor james beam I S �� 0f aF (714) 532 -0321 1_4 QPR c�vf k Newport Beach City Council 51983 3300 Newport Boulevard �i %� 2 Newport Beach, Ca. 92.663 Oct 1. April 22, 19£33 ti ji Honorable City Council: I recently announced my candidacy for the forth - coming vacancy on the Orange County Transportation Commission which will be created by the intention of Councilman Bill Vardoulis of the City of Irvine not to stand for re- election. My long -term interest in transportation issues for Orange County is well known. Because transportation problems are going to grow in importance to all of our cities during the coming years, I want to contribute my efforts in finding solutions for the transportation needs of all our citizens throughout the County of Orange. I will appreciate your support of my candidacy to the Orange County Transportation Commission. ially, `` �� Mayor JBlh Date SENTTO: yor ouncilmen • Manager • Attorney El Bldg. Dir: O GenSery Dir. 0PDBHDir. • Planning Dir. • Police Chief • PX Dir O Other 0 TN€ CM COUNCIL CITY OF NEWPORT BEACH APR 111983 Re: Account Mjpty 1125h W. Balboa Blvd., Newport Beach Bill Hutchinson CITY OP NEWPORT BEACH, MAR 301983 MENDcEIvEe I am at a loss to know what to do about your most recent billing and my continued problems. I called all through February (13 times) for service. Each time I was promised service, with the exception of the few times I called and got the answering service. Each time I left instructions to call rre at work to set up a time for service - I never got one call back. On one instance I got inmediate service - the guy cams out that night because I was so angry and upset. It was raining, but he checked the connections to the T.V. and pronounced them O.K. He said the problem was "in the lines" and that it went for blocks from 12th Street (my nearest cross street) - that "everyone was having problems ". He said he'd be back the next day to work on the lines - he never did come back. I cannot receive HBO continuously - it cis and goes, and is more frequently gone. I cannot get clear reception on all other Cable channels - in fact I can't even get some of them. This has been the'situation for the past two months. I have called, and called, and am getting nowhere. My problem is that I want Cable television - I don't want to subscribe to anything else. At the tins of installation I was told my reception was fine and everything would be O.K. I'm extremely upset that I keep paying bills for a service I am not receiving, and am therefore enclosing my check in the amount of only $10.47, being half the due amount for March - even though I have been able to watch Cable T.V. for less than half of the month. At the time I called, extremely angry and upset, and got prompt service that night, I was promised that "an adjustment" would be made to my account for lack of service through February. Your most recently billing does not reflect this adjustment, and I am disappointed that I have to deal with this matter again,.also. Believe me, I don't know what else to do about this problem. I just feel I've been cheated and am paying for a very poor service. But what choice do I have if I want Cable T.V.? That's not a very fair proposition for a consumer, and I hope this letter prompts someone at your organization to do something about this situation. I look forward to hearing from you. Sincerely, DatQ g-,-3d --93 SENT TO: JULIE HUTCHINSON p nger 1125 W. Balboa Blvd. Attorney Newport Beach, Ca. 92661 Dir. ❑Bldg.. Cl CevCtr ' Dir. cc: Newport Beach City Council - Consumer Affairs ❑ P6 Los Angeles Times - Cable T.V. Complaints Dept. 0 Plasm `: D pope r .eY1 Other U 331 1 i LIP (x,91 CABLE Group W Cable. Inc.. A Subsidiary of 901 WEST SIXTEENTH ST.. NEWPORT BEACH. CA 92663 (714)642-7447 WESTINGHOUSE BROADCASTING AND CABLE. INC. January 21, City Council ray j4 1983 S NEWP P)RTBEAM Q City of Newport Beach hUf • P.O. Box 1,768 By the CITY COUNCIL -, JRM251983® FtU Newport Beach, CA 92663 CaTy QF NEWPORT BGACH RECOVER Honorable City Council: rff y WOK/ > Subject: In an effort to bring new and expanded proaramming to the resi- dents of Newport Beach and Corona del Mar we will be adding several new services in the coming months. The first three will be our own Orange County Channel (KDOC), Satellite News Channel (SNC) and Music Television (MTV). All Basic subscribers having a converter will receive MTV. MTV" offers a stereo sound which is optional. Under Non -Basic optional service we will be offering this stereo service at a 59.95 installation rate and a monthly rate of S2.00. A new channel card will be printed after all new services are added.. In the meantime we are offering a temporary outline to our customers, one of which is attached. Please contact me if you have anv questions. Sincerely,f �r� [ Beverly Peterson General Manager t� cc: Gerry Bolint Fyor ES_tE�NTTO: I /1�5 -93 BP /lw ❑ Councilmen G1iAanager • Attorney • Bldg. Dir. ❑ GenGery Dir. • PB &8Dir. • Planning Dir. , ❑ Police Chief }� Group W Television: KDKA•N Pittsburgh • KPIX ITV), San Francisco. KYW N; Philadelphia • WBZN, Boston • WJ - P �e�Wtta� Group WRadio: KDKA and WPNT,. Pittsburgh •KFWB, Los Angeles • KAY, San Diego- KOAX, Dallas- KDDA, Houst 1, anver• Philaf phra WBZ, Roston• WIND. Chicago • WINS, New York• WOWD. Fort Wayne 1 p"7� Group .W Calve Filmation Associates • Group WProductions • Group W Satellite Communications -Group W Television Sales Home Theater Network• Muzak• Radio Advertising Representatives •TVSC CABLE d' '2 KNXT - 2 PROGRAl%Dl ING 3 WTBS- 17 ATLANTA SUPER STATION 4 KNBC- 4 LOS ANGELES 5 KTLA- 5 LOS ANGELES KCET- 28 PBS LOS KABC- 7 LOS 8 SNC I SATELLITE NEWS CHANNEL 9 KHJ - 9 LOS ANGELES. 10 LOCAL PROGRAMMING / KWHY - 22 STOCK MARKET 11 KTTV -11 LOS ANGELES 12 KOCE -50 PBS HUNTINGTON BEACH 13 KCOP -13 LOS. ANGELES 14A,_ WGN'- 9 FROM CHICAGO, MOVIES, SPORTS, VARIETY 15B WOR FROM NEW YORK, CLASSICS, MOVIES, VARIETY 16C CNN CABLE NEWS NETWORK 17D SHOWTIME PREMIUM MOVIE SERVICE 18E ESPN 24 HOUR SPORTS PROGRAMMING 19F COMING SOON "THE WEATHER CHANNEL" 20C Z- CHANNEL PREMIUM MOVIE SERVICE 21H M -TV MUSIC TELEVISION - 24 HOURS A DAY 221 HBO PREMIUM MOVIE SERVICE 23J KDOC -56 ORANGE COUNTY TV STATION 24K C -SPAN CONGRESS IN ACTION 25L COMING SOON 26M TELECOURSES COASTLINE COLLEGE 27N KMEX -34 SPANISH LOS ANGELES KSCI- 29P KTBN -40 RELIGIOUS FONTANA FUTURE USE EFFECTIVE JAId.ARY ?1, 1983. AVAILABILITY OF CHANNELS SUBJECT TO CHANGE 1dITHOUT NOTICE. GROUP W CABLE OF NEWPORT BEACH cson cSf� �fcrzaz�uyp ���4s NCI AGENDA 70 a p� e/V.ecv�zoTt L,Eac/z_, Calif. 42663 8. -4y? n r�981% 9 n 0 G c� o.v.vty A cue/ i r v 'r • P f _ IG M I <ac� a� Q RQY)-��n H A i � ♦ . ,� • J � ' /, , � tea 4�0, h X �W�QU� C_vrtiu (5b u �c Q uL CD L.D f� \ r~ e O��L7 s. Oil ❑f�[�C7C1 i i O _ i CABLE 901 WEST SIXTEENTH ST.. NEWPORT BEACH. CA:92663( 2- - Group W Cable. Inc.. A Subsidiary of 7 WESTINGHOUSE BROADCASTING AND CABLE.. INC JAN j {) l 3 D 4r� b er�� C�9� Gerry J. Bolint ny It'l uc COUNCIL VNL.. Assistant to the City Mamie@` aRf BEACH -`` 1 DT —` P.O. Box 1763 er,y J Newport Beach, CA 92663 -3854 : �ltyotNeWPed 11 \� Ge�ctT Dear Mr. Bolint: Re: Letter to Newport City Council from Warren F. Hillman Mr. Hillman has had several service calls and each time his service has been restored in a reasonable time. On Sunday, December 26, 1982 at 1:00 p.m., Mr. Hillman called our answering service. Our standby man returned Mr. Hillman's call and went to his home at approximately 2:00 p.m. Mr. Hillman was not at home but a message was left by our standby man that the lines outside were alright. At 9 :00 p.m. Mr, Hillman called again. He was up- set and threatened to remove our Franchise. Our standby man im- mediately went to Mr. Hillman's home only to find he was not home. Our construction foreman was told of Mr. Hillman's attached letter and went out to investigate. He found attached to the up- stairs garage apartment another unit in the front part of the garage to be attached illegally to Mr. Hillman's cable which ob- viously caused interruption to Mr. Hillman's reception. We can- not tell how long this problem has existed. We have corrected this situation and Mr. Hillman's reception is now restored. Enclosed please find pictures of illegal cable hookup (white cable). Sincerely, Beverly Peterson General Manager Group W Television: KDKA TV. Pittsburgh • KPIX (TV). San Francisco • KYW N Philadelphia '• WBZ -TV. Boston • WJZ TV: Baltimore • W PCO TV. Charlotte Group W Radio: KDKA and WPNT Pittsburgh • KF WB. Los Angeles • KJOY San Diego • KOAX. Dallas • KODA, Houston • KOSI. Denver • KYW Philadelphia WBZ. Boston• WIND. Chicago • WINS. New York• WOWO. Fort Wayne' Group W Cattle Filmation Associates • Group W Productions • Group. W Satellite Communications• Group W Television Sales Home Theater Network • Muzak • Radio. Advertising Representatives •TVSC 0 AGENDA ) FL too u-0 As Cs 6(Z Lj CAI?LE 2, L 0 tS G C) rj C LA-1 E (Oft --f s CA13uC- g�Ft-,J\co S TfLa f-i 6 k-:1 TV G-I FTLAj C rt, I G ctt 61z 0,..Ae W C-^ 9 v-,E 0 =- --V -r 06 ��MREnj t-\x tJ 03 i 1z 3 IA-6.v"v- N � N 417T. I? E (*V Ch (77 lit) 0 5- 13 9 2- [3 cilmen p,ranager E3 Attorney • Bldg. Dir. • GenSery Dir. D PB & R Dir. • Planning Dir. • Police Chief =r Dir 0 b IN- 6a OID --,Tui3 0 =- --V -r 06 ��MREnj t-\x tJ 03 i 1z 3 IA-6.v"v- N � N 417T. I? E (*V Ch (77 lit) 0 5- 13 9 2- [3 cilmen p,ranager E3 Attorney • Bldg. Dir. • GenSery Dir. D PB & R Dir. • Planning Dir. • Police Chief =r Dir CITY OF NEWPORT BEACH NOV 221982 OFFICE OF THE CITY MANAGER November 22, 1982 By *S Cf(Y COUNCIL Cily OF tAWAVRr WACH TO: MAYOR AND CITY COUNCIL Background 0z-) COUNCIL AGENDA , NO, _9 ,a�s� _ �.. asst •^ ; �' �' +. On November 23, 1981, the City Council adopted various amend- ments to Chapter 5.44 of the Municipal Code, "Community Antenna Television. The purpose of these amendments was to update the Municipal Code, which had originally been adopted in 1966 and, hence, did not reflect a number of important issues relating to cable television. Attachment 1 is a copy of Ordinance No. 1890, which contains the amendments adopted on November 23, 1981. To summarize, the major amendments accomplished the following: 1. The amendments incorporated "pay television" as a recognized component of cable service offerings and, hence, included pay television revenues as part of the required franchise fee payments to the City. (Sections 5.44.01.0(e),5.44.010(a) and 5.44.010(h). 2. The amendments clearly stated the desire of the City to see franchised systems grow and adapt in terms of CATV state -of- the -art areas where desired growth should occur. These areas include, -among other things, channel capacity and programming, public access, two -way system technology and system inter- connection. Additionally, the amendments established criteria to be utilized in making determinations relative to CATV system improvements. (Sections 5.44.151 and 5.44.152). In developing the subject amendments, staff reviewed a number of franchise documents from other cities in addition to publications from the League of Cities and the Cable Television Information Center. Independent cable consultants and attorneys also reviewed the subject amendments. Finally, staff solicited, received and incorporated input from the current city franchisees. In adopting the amendments, the Council took the position that the City had the right to unilaterally impose the requirements on the cable TO: MAYOR AND CITY COUNCIL - Page Two system operators, due to a provision in the cable franchise docu- ments which provides for incorporation by reference the Municipal Code, "...as it now exists or may hereafter be amended." In the staff report which accompanied the proposed amendments, it was indicated that staff would, during 1982, meet with the City's two cable franchisees to discuss their respective plans for compliance. A report back to the Council was to be prepared as a result of these discussions. Staff has completed its discussions with Group W Cable. The company's plans are discussed below and in the various attachments to this staff report. Group W's Plan for Compliance Attachment 2 is a map of the City, which illustrates the area covered by the Group W franchise. The subject franchise expires in January, 1992. With respect . to the company's current offerings and plans for service improvements and enhancements, the following discussion is provided: 1. Continued availability and enhancement of national or inter- national transmission capabilities via co'mmunic'ations ection and 2. Enhancement and expansion of system channel capacity and (a) Current: Currently Group W Cable offers a total of 25 channels of service to its subscribers. This includes 13 off-air channels, 8 satellite channels, 3 pay service channels and a community service channel. Attachment 3 is a copy of the company's television guide. The existing channel capacity of the Group W'system is 30 channels. (b) Proposed: It is anticipated that within a month Group W will replace one under- utilized off -air station with the "Music Tv" channel. It is estimated that by June 30, 1983 the company will be offering the 30 channels provided for in its system capacity. Additional channel offerings now being evaluated include a "Disney Channel" a satellite channel originating from Nashville, Tennessee and an additional satellite news channel. TO: MAYOR AND CITY COUNCIL - Page Three Expansion of system channelization beyond 30 will require an upgrade of the system's physical plant. Plans in this area are discussed in a later section of this staff report. (c) Comparative Information: According to a recent study commissioned by Orange County, total channel offerings among currently activated franchises within the county vary between 22 and 36 channels, with an average of 32. As such, the 25 channels being offered by Group W (30 by June 30th) is slightly below the average channeliza.tion county- wide. With respect to channel capacity, the County study reports that systems have capacities varying between 30 and 54, with 42 being an average. With a 30- channel capacity, Group W is below the average. As will be seen in a later section, however, the company is considering plans for expanding its system capacity. In terms of satellite service offerings, it is reported that activated franchised systems are providing between 0 and 17 channels, with an average of 7. With 8 satellite channels, Group W is offering more than the average. On the subject of pay services, currently franchised systems are offering an average of 4 channels. As noted earlier, Group W offers 3. 3. Improvement of public access and local programminq capabilities (a) Current: Currently Group W Cable provides one channel designated for local programming. Attachment 4 is a list of program offerings associated with Local Cable Channel 10. In addition to presenting programming of general local interest on sports,health and other subjects, Group W Cable has made a concerted effort to provide viewers with information on local politics and public affairs. The most obvious example of this effort is the broadcasting of City Council meetings. As these type of local broadcasting efforts go, the Group W production is fairly sophisticated involving a sound truck and technicians, three television cameras and a full complement of production personnel. Group W estimates that the amount invested in equipment alone for this effort is $2,000. Other examples of local public affairs programming produced by Group W includes the "Newport Now" show, the "Citizens' Forum" and other selected broadcasts such as the recently televised League of Women Voters Candidates' Forum. TO: 0 6 MAYOR AND CITY COUNCIL —Page Four (b) Proposed: At present, Group W's plans in this area involve the possibility of enhancing and expanding existing programming on Channel 10. Plans do not, at least at this point, involve the addition of more channels dedicated to this use. It is generally felt that at least the foreseeable demand for this type of program- ming can be accommodated on one channel. Should this situation change, the company indicates that it will consider additional channels. At this po'int,.however, the demand appears to be for more satellite and pay type services rather than for additional local program- ming and public access channelization. (c) Comparative Information: According to information supplied by the County, most currently activated systems are offering one channel dedicated to local programming. As such, Group W appears to be offering what is actually currently pro- grammed in other jurisdictions. With respect to locally produced'public affairs programming, highlighted by the Council meeting broadcasts, Group W is very definitely in a competitive position with other juris- dictions. 4. Maintenance and in accordance w 5. Implementation of (a) Current: t of the system's ons (M.c. and interactive capability (M.C. Construction of the Group W (formerly Teleprompter) physical plant commenced in 1971 and concluded in January, 1982. As such, portions of the plant are some- what old and in need of refurbishment. Additionally some of the plant (e.g., Balboa Island) is above ground and much of it (e.g., areas of the Peninsula and the islands) are subjected to harsh conditions caused by sea water, high tides, etc. The plant which was initially installed in 1971 provided for a 12- channel capacity. This has since been upgraded to the current 30- channel capacity. The more recent installations, Lido Isle, Eastbluff and the Bluffs were installed with a 30- channel capacity. The system is not currently two -way capable. 0 0 TO: MAYOR AND CITY COUNCIL - Page Five (b) Proposed: Within the next few years, Group W plans a complete system re -build to implement a computerized and addressable "home terminal" type of system. The re -build is also planned to provide for the two -way interactive capability and to expand channel capacity to between 50 and 60 channels. Specific determinations relative to the elements of the re- build, especially in the area of channelization, will hinge upon factors such as availability of programming, level and direction of subscriber demand, costs and payback potential. A public hearing has been scheduled for this evening's agenda to consider various adjustments in rates for basic services offered by Group W. The company feels that approval of the rate adjustments would help to provide the revenues necessary to accomplish the re -build in a timely manner. (c) Comparative Information: The subject of comparative channel capacity was discussed in a preceding section of this report.. In other areas related to physical plant, the company's plan to re -build this sytem will, when implemented, bring the system into compliance with this section of the Code. One other area of particular interest, which is covered in the Municipal Code (Section 5.44.152), relates to system interconnection. Since the City is serviced by two different cable companies, it would be desirable to see these two systems interconnect for the purpose of showing locally originated programming. Since both systems-have now essentially been installed, interconnection is at least technically possible. Details which remain to be worked out revolve around the specific types of programming to be shared by the systems. Additionally, the fact that one system is cur- rently two -way capable while one is not does present certain techni- cal problems. Staff is advised that the franchisees are in the process of discussing ways to mutually resolve the remaining prob- lems.. It is hoped that the interconnect will occur within a reasonable period of time. Attachment 5 is a letter from Group W Cable acknowledging review of and concurrence with the information contained in this staff report. TO: MAYOR AND CITY COUNCIL - Page Six Conclusion In conclusion, it is staff's position that Group W Cable is either in current compliance or has formulated plans for coming into compliance with the amendments to Chapter 5.44. Areas of basic current or near term compliance include as discussed, channelization and programming, with an especially concerted effort in the area of local programming. Areas of planned compliance include upgrading the system physical plant to provide for increased channel capacity, two -way capability and other enhancements. Staff plans to work closely with the company in maintaining existing levels of service and where necessary upgrading service to insure quality and consistency. This staff report is for Council information and official f i)ging. As stern the City Manager GJB /imb Attachm nts • x` d.� 0 Aff • I ORDINANCE NO. 1890 AN ORDINANCE.. OF THE 'CITY OF NEWPORT BEACH AMENDING SECTIONS OF TITLE 5, CHAPTER 5.44, OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "COMMUNITY ANTENNA TELEVISION" The City Council of the City of Newport Beach does ordain as follows: SECTION 1.. The following sections of Newport Beach Municipal Code are hereby amended to read as follows: Sections: 5.44.010 Definitions.. 5.44.020 Franchise to Operate. ' 5.44.030 Uses Permitted. ' 5.44.035 Regulation of Rates and Service. 5.44.040 Duration of Franchise. 5.44.050 Franchise Payment. 5.44 -.060 Limitations of Franchise.. 5..44.070 Rights Reserved to City.. 5..44..080 Permits, Installation and Service. 5.44.090 Location of Grantee's Properties:. 5..44.100 Removal or Abandonment. of Property of Grantee. 5...44.110 Failure to Perform Street Work. 5..44.120 Surety Bonds. 5.4.4..130' Protection of City Against Liability. 5.44.140 Inspection of Property and Records:.. 5.44..150 Operational Standards. 5.44.151 Technological Developments. 5.44..152 System Compatibility and Connectibility. 5.44..160 Miscellaneous Provisions. 5.44.165 Adoption of Rules and Regulations by the City Council. 5..44.170 Application for Franchise. 5.44.172 Application Fee. . - 5.44..173 Affect of Annexation.. 5.44.175 Affect of Preemption. 5.44..180 Franchise Renewal. n ,5.44,185 Locking Devices to Permit .Exercise of Parental Discretion. 5.44.190 Violations. 5.44.010 Definitions. For the purpose of this Chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein.. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. To the extent any conflict exists between . these definitions and the definitions as set forth in other ordinances, these- definitions will control.. (a) CITY. The term "City" shall mean the City of Newport Beach in its present incorporated form or in any later .recognized, consolidated, enlarged or reincorporated form. (b) COUNCIL. The term "Council" shall mean the present governing body of the City, or any future board constitu- ting the legislative body of the City. (c) PERSON.. The term "Person shall mean any indivi- dual, firm, partnership, association, corporation, company or organization of any kind. (d) GRANTEE. The term "Grantee" shall mean the person, firm or corporation to whom or which a franchise under this chapter is granted by the Council, and the lawful successor or assignee of said person, firm or corporation. (e) COMMUNITY ANTENNA TELEVISION SYSTEM. The term "Community Antenna Television System" or "CATV System" shall mean a system employing antennae, microwave,.wires, waveguides, coaxial cables or other conductors, equipment or facilities designed, constructed or used for any or all of the following purposes; (1) collecting or amplifying local and distant . broadcast television, satellite, microwave or radio signals and distributing and transmitting them; (2) transmitting original cablecast programming not received through television broadcast signals; q, (3) transmitting television pictures, film and video tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; (4). transmitting or receiving two -way signals or transmissions; (5) providing data .transfer capability in any shape or form, including that of a security system or a common carrier should CATV systems ever be so defined by Federal rule or regulation; (6) transmitting or receiving all other signals.. whether digital, voice or audio visual... `(f) SUBSCRIBERS or USERS. The terms "Subscribers" or "Users" shall mean any person(s) or entity(ies) receiving, for any purpose, any service of the Grantee's community antenna tele- vision system, including, but not limited to, the conventional J cable .. television system service of retransmission of television broadcast, satellite, microwave or radio signals., Grantee's original oablecasting, local . government, education and public access channel cabelcasting and other services such as leasing of channels, data and facsimile transmissions and police, . fire and similar public service communications. (g) GROSS ANNUAL RECEIPTS. The term "Gross Annual Receipts" shall .mean any and all compensation and other considera- tion, in any form whatsoever, and any contributing grant or subsidy received directly or indirectly by Grantee from: (1) subscribers or users in payment for any CATV system services including television broadcast, satellite, micro- wave, or FM radio signals, reception or .service received within the City or transmitted in any shape or form, from the City, for which local subscribers or users: make payment., whether said signal" .reception or service is included within the terms "Basic Subscriber Services" or "Non Basic Services" as said terms may be defined in the Municipal Code, as well as any installation or line extension charges therefor "; -3 J�S PN -4- (2) any other compensation for utilization of or connection to the property of Grantee used within the city, including the sale, rental or provision of any equipment, parts or add-ons to be used in connection with the CATV system; (3) notwithstanding the above, Gross Annual Receipts shall not include any taxes on services furnished by the Grantee and imposed directly on any subscribers or users by any City, State or other governmental unit and collected by the Grantee for such governmental unit. (h) BASIC SUBSCRIBER SERVICES. The term "Basic Subscriber Services" shall mean and include the delivery, by the Grantee, to all subscribers within the confines of its franchise area of: (1) all signals of over-the-air-television broadcast, pursuant to FCC license, or all those over-the-air-signals which are received and transmitted in the community without the aid of a cable television system or similar apparatus; (2) all satellite signals received and transmitted in the costaunity by the Grantee as of the effective date of this Section; (3) all satellite signals received and trans- mitted in the community after the effective date of this section, with the exception of those.included under Section 5.44.010(i) of "Non Basic Services" as defined herein; (4) all public, local education, local govern- ment, local origination and public access channels and signals; (5) other channels, signals, (including micro- wave) programs and services, provided by the Grantee as part of the Basic Subscriber Service package. W NON BASIC SERVICES. The term "Non Basic Services" shall mean and include channels, signals, programs and services not provided,as part of the "Basic Subscriber Services" package, as defined herein above. These shall include: (1) pay or subscription television as defined by the FCC and radio services supplied by the Grantee; -4- (2) satellite or microwave signals which are offered . to subscribers as optional-tiered services for a separate J fee or charge and which are independent of those satellite or microwave signals . provided as part of the "Basic Subscriber Services" package as defined herein; (3) advertising or commercial. messages; (4). equipment and appurtenances representing technological developments and enhancements in the field which the Grantee may, from time to time, make available to,subscribers, provided that subscribers have the option of not 'acquiring said additional . equipment or appurtenances and further, provided that the exercise of the option not to purchase shall, in no way, affect a subscriber's existing service or preclude him from receiving "Basic Subscriber Services" as defined. herein. (j) FRANCHISE AREA. The term "Franchise Area" shall mean the territory within the City throughout which Grantee shall be authorized to construct, maintain and operate its system and shall include any enlargements thereof and additions thereto. • 5.44._035 Regulation of Rates and Service. (a) The City Council shall, at all times and from time- -? to -time during the term of any franchise granted hereunder, have the power to and shall adopt and enforce and Grantee shall conform . to rules and regulations of the Council governing and establishing reasonable rules, regulations and standards of performance pertaining to the system of Grantee.. (b) The City Council shall . establish or approve all subscriber, installation and other incidental rates and charges. for "Basic Subscriber Services" as defined herein, and no such rates or charges shall be changed at any time except by authority of the Council and upon written request of the Grantee; provided.., that prior to - authorizing the change of any rates or charges of / Grantee to Subscribers, at any time after the granting of such franchise., the Council shall first pass its resolution of intention Y to do so, describing and stating any rates or charges to be changed, the reasons of the Council therefor, fixing a day., hour and place certain when and where any persons having any interest therein may -5- appear before the Council and be heard and directing the City Clerk to publish said resolution at least once, within fifteen (15) days of the passage thereof. The City Clerk shall cause such resolution to be published in a newspaper of general circulation within the City, and the same shall be. published and a copy thereof shall be mailed to any Grantee hereunder at least ten (10) days prior to the date specified for hearing thereon. At the time set for such hearing, or at any adjournment thereof, the Council shall proceed to hear and pass on all- presentations made before it, and the decision of the Council thereon shall be final and con- - clusive. If the Council shall find that the changing of any rates or charges of Grantee to Subscribers will not be detrimental or injurious to the best interests and welfare of the subscribers and of the City, then the Council may, by resolution, authorize the change of any rates or charges of Grantee to Subscribers as shall be deemed reasonable by the Council in the premises; and such resolution shall thereupon become and shall be a part of any franchise granted hereunder and affected thereby. (c) The rates and charges for those services included under the definition "Non Basic Services" as defined herein shall not require City Council review and approval. The Grantee shall, however, provide the City with 60-day prior written notification of any new rates or charges associated with Non Basic Services to be provided within its franchise area. SECTION 2. The following Sections are hereby added to Chapter 5.44 of the Municipal Code: 5.44.151 Technological Developments. (a) It is the desire of the City that all CATV systems franchised to operate within the City shall maintain, operate and where feasible, modify the CATV system to ensure its performance in accordance with the highest and best accepted standards of the industry. (b) Whenever the Grantee, in consultation with the City, has determined that it is financially and technically feasible and appropriate within the context of local needs and demands, the Grantee shall provide technical improvements and modification to ensure the... operation of the CATV system in accordance with the highest and best accepted standards of the industry. Such improve- AO; ments and modifications shall include, but not necessarily be limited to; (1) continued availability and enhancement of national or international transmission capabilities via communications satellites; (2) enhancement and expansion of system channel capacity and programming; (3) improvement of public access and local pro- gramming capabilities; (4) maintenance and improvement of system's physical plant in accordance with the highest and best accepted CATV industry practices and FCC regulations; (5) implementation of two-way, interactive capa- bility; (6) provision of security systems; (7) application of technologies such as fiber optics or other such advances in the CATV field. (c) in making determinations relative to the financial and technical feasibility or appropriateness of specific system improvements or modifications; the following factors shall be considered: (1) whether there exists a reasonable subscriber .4, AkIllaw"OF demand for the proposed improvements or modifications; (2) whether the technology associated with the proposed improvements or modifications has been tested and proven reliable; (3) whether the Grantee is financially and technically able to provide the proposed improvements or modifications; (4) whether the provision of the proposed improve- ments or modifications will allow the Grantee a reasonable return on its investment in such proposed improvements or modifications. -7- ® r • -8' (d) In implementing the provisions of this section, the City may, from time -to -time, request., and the Grantee shall provide, information relative to the feasibility or appropriateness " of implementing specific system improvements Or modifications deemed desirable by the City but Grantee shall not be required to incorporate technological developments into the CATV system which do not meet the provisions of Section 5.44.151, (c ).. above. (e) The Grantee shall provide the City with written " notification of any system improvements or modifications proposed for implementation within its respective franchise area. - (f) Any controversy between the parties hereto in - volving the construction or application of any of the terms., " covenants., or conditions of this Section, shall, on written request - of one party served on the other, be submitted to arbitration, -- and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through �--' 1294.2 of the California Code of Civil Procedure. - - 5.44.152 System Compatability and Connectibility,. " (a) It is the .desire of the City that all CATV systems - franchised to operate within the City shall be compatible and - interconnectible with one another and with systems in adjacent cities. (b) When it is financially and technically feasible, within the area served.., the Grantee shall negotiate the construction, . - operation and modification of its system to interconnect same with - -- all other systems within and adjacent to the City for the purpose of sharing locally originated public and educational programming. 5.44.185 Locking Devices to Permit Exercise of Parental ,. .. "�' •�- ' Discretion. (a) Grantee shall make available to its subscribers, upon request and for a reasonable charge, locking devices to permit parental control over programming- SECTION 4. This ordinance shall be published once in the official newspaper of the City and same shall be effective " thirty (30:) .days after the date.of its adoption. -8' I �A This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of November 1981, and was adopted on the day of NOV23 4 1981, by the following vote, to wit: ATTEST; CITY CLERK AYES, COUNCILMEMBERS; NOES, COUNCILMEMBERS- ABSENT COUNCILMEMBERS: -9- MAYOR -^ mm� \- v r v GROUP W Gp A REii �:: � k � y � � ! jL �^IIGar/ 4i i �2 ,- I P, S e> ti . ,.>� rte. 1�'� � c .:. , .�"`t> � � � i "•✓' '6\ m�PS yx �y ���' v r. CITY OF NEWPORT BEACH GALAXY Entertainment Service from GROUPW CABL( CablI Today President Richard K. Summers Publisher Neil A. Heller Executive Editor Terry Materese Editor Rebecca L. Johns Art Director Hugh J. Connery, Jr. Data Information Services Manager Constance E. Geist Production Coordinator Marjorie W. 0-Malley National Advertising Director Charles M. Pritchett Marketing Director Robert Greenberg National Sales Director Allen Turner Affiliate Sales Manager Marci. R. Levine Published by TVSM,. INC. 823 Fox Pavilion Jenkintown. PA 19046 12151, 576-0363. MPAA RATINGS G: General Audience PG: Parental Guidance R Restricted I I) years & oiderl Due to exdusuvity. nonduplkating re quirenents and other factors. it is sometimes' necessary for your fiscal cable company to replace one program with another, cable Today. MM. INC and your local cable company are iKKVespor, sitse for Changesm programmmg times and dates. 05VSM. INC 1982 Caere Today IU.S.P.S. 641.530. Volume n. Issue #29. November 19821 is published monthly oy WW. INC.. 823 Fox. PaNlion. Jenkintown. 'PA 19046. Second class Postage Rates pad at Jenkintown P,O. and additional mailing offices. POSTMASTER; send address changes to TVSM. INC.. 623 Fox Pavilion. Jenkim town. PA 19095. Care Today was formerly titled Great TV Entertainment.. CABLE CHANNEL PROGRAMMING 2 2 —KNXT Los Angeles 3 9—INGN• From Chicago, movies, .sports &variety 4 4 —KNBC Los Angeles 5 5 —KTLA Los Angeles 6 28 —KCET PBS Los Angeles 7 7 —KABC Los Angeles 8 50 —KOCE PBS Huntington Beach 9 9—KHJ Los Angeles 10 Local Programming Newport Beach Los 24 hour 20G 2 CHANNEL (Premium Service) Movies and variety 21H WOR From New York. classic movies, variety & sports 221 H88 (Premium Service) Movies, sports & specials 24 hours a day 24K 27N 34 —KMEX Spanish Los Angeles 280 18 —KSCI 300 Future Use 'Satellite Services — Optional Premium Services Availability of Channels Subject to Change 'Without Notice GROUP W CABLE 901 W. 16th St. Newport Beach, CA 92663 631 -5259 TV501 Newport Beach CA r3o-I 40004 -s"? Program chmg* fw�tWmalpr*WamWwmat�cMf"z GROUP Im 9 It Sunday i 9 . • GROS W CABLE 888 W. Santa, MG Blvd., Suits 260, Santo Ana; CA 42701 1714) 835 -5857 November 15, 1982 City Hall City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 -3384 Group W Cable, Inc., >A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE, INC. I hereby acknowledge that I have received the information contained in the Staff Report dated November 22, 1982. The subject of this Report is: Compliance of Group W Cable with the Amendments to Municipal Code Chapter 5.44, "Community Antenna Television." I am in concurrence with the information contained in this, report when taken together with my letter of October 1, 1982. G Rich 0d U. Waterman District Manager (Note: Mr. Waterman's October 1 letter is included with the staff report regarding a proposed rate adjustment.) Group W Television: KDKA TV, Pittsburgh • KPIX (TV), San Francisco • KYW -TV, Philadelphia • WBZ-TV, Boston • WJZ -TV, Baltimore WPCO-TV, Charlotte Group W Radio: KDKA and WPNT, Pittsburgh • KFWB, Los.. Angeles • KJOY, Son Diego • KOAX, Dallas • KODA, Houston KOSI,. Denver • KYW, Philadelphia WBZ, Boston • WINO, Chicago WINS, New York • WOWO, Fort Wayne Group W Cattle Filmotion Auociotes • Group. W Productions • Group W Satellite Communications • Group W Television Soles Homn Theater. Network • Murok • Radio Adyertlsing Representatives • TYSC CITY OF NEWPORT BEACH COUNCIL AGENDA OFFICE OF THE CITY MANAGER ITEM NO, November 22, 1982 TO: MAYOR AND CITY COUNCIL C FROM: City Manager 6 SUBJECT: WOW" NOV 22 1982 By the CITY COUNCIL CITY OF NEWPORT BEACH Background The Municipal Code requires City Council approval of any adjustments to rates for basic cable television subscriber services within the City. In a letter dated October 1, 1982, Group W Cable (formerly Teleprompter) requests that approval be given for adjustments in certain service rates (Att. 1). On November 8, 1982, the Council adopted Resolution No. 82 -144, setting the hearing for this matter on November 22, 1982. Current and Proposed Rates Existing basic subscriber rates for Group W Cable were established in 1976 and have not been adjusted since. Pre - sented below is a breakdown of existing and proposed rates: Service Existing Proposed Installation: Additional Outlet - - $5.00 $10.00 Relocation - - - - $9.95 $14.95 Extended Lead - - - - - -- $10.00 Monthly: Additional Outlet - - - $ 1.75 $ 5_00 Converter Charge - - - -- $ 1.50 By way of explanation, under "Installation ", the term "additional outlet refers to each cable television outlet installed within the residence after the first or primary outlet. "Relocation" refers to moving an outlet from the primary point of installation to a different location. "Extend lead" means the installation of additional wire from the converter. It permits the television to be moved without the necessity of an.additional outlet. Under "Monthly "', the 9 0 TO: MAYOR AND CITY COUNCIL - Page 2 term "additional outlet" refers to the monthly charge to the subscriber for additional television sets being connected to the system. "Converter Charge" refers to a charge to the subscriber to offset the cost to the cable company of pro- viding converter boxes. The only proposed charge which would apply uniformly to all existing subscribers is the converter charge. The other charges are, for the most part, optional and depend upon the individual needs and desires of an existing or potential subscriber. Position of Group W Cable The primary justification offered by Group W in proposing these rate adjustments relates to the fact that its rates have not been increased since 1976 while the costs of doing business, in terms of labor and materials, have obviously increased during that period. Attachment 2 is a letter from the company containing supplementary background information on the proposed rate adjustments. It can be seen that in- creased labor and materials costs represent the basis for each increase. As an example, in the case of the proposed charge for "extended lead ", staff has learned that the cost of materials alone for a ten -foot extended lead would be between $15 and $20 (wire costs are between $1.50 - $2.00 per foot). In the case of the proposed converter charge as another example, costs for the boxes have increased from $28.00 to $97.00. It is the company's position that it should no longer be expected to provide the convertors free of charge to subscribers. Another point of discussion in the October 1, 1982 letter from Group W revolves around the company's position on the amendment of the Municipal Code in 1981 and the City's posi- tion that it had the right to so amend the Code and unilater- ally apply it to both franchisees. The key area of concern to the company has been the inclusion of pay television revenues in the computation of franchise fees paid to the City. The company has indicated, as can be seen from the staff report on this subject which is listed separately on this evening's agenda, that it does have plans which will bring it into basic compliance with Chapter 5.44, in terms of upgrading services. The bottom line of the company, which should be clarified in terms of service enhancements, is that approval of these proposed rate adjustments will put it in a better position to implement the types of enhancements deemed desirable by the City. • TO MAYOR AND CITY COUNCIL - Page 3 One final point of justification offered by Group W is that its rates should be adjusted to be placed in line with rates charged by the other Newport Beach franchisee, Community Cablevision. It should be noted, however, that the latter's rates were established, following a review of costs associ- ated with Cablevis =ion's installation of a state -of- the -art computerized cable delivery system involving microprocessors rather than standard converter type units. This type of system still retains its state -of- the -art characteristics and has not been widely implemented, as of yet, statewide. Many systems, however, including Group W, have plans for instituting an addressable system. For the reasons outlined above, staff believes that a comparison of rates County -wide would be more realistic than a comparison solely with rates charged by Community Cablevision. Staff Analysis As noted previously, Group W's rates have not been adjusted since 1976. Costs have obviously increased in the interim and staff feels that the amount of time which has elapsed since the last adjustment lends creedence to the company's position in requesting adjustments now. Specific discussion regarding the increased labor and materials costs are included in an earlier section of this report. Attachment 3 is a survey of rates for the particular services requested for adjustment by Group W. As noted earlier, payment of the proposed charges in general, with the exception of the converter charge, is dependent upon the desire of the individual subscriber and his or her willingness to pay the charge for additional services (i.e., additional television sets connected to the system). In each of these four cases, it can be seen that the Group W proposals are, for the most part, not out of line with the County average. Two points should also be made in this regard; first, as with any average, some of the rates charged in other jurisdictions are higher while some are lower than the "average" and, secondly, different systems offer dif- ferent service packages, some with less and some with more chan- nels and services, etc. With respect to the converter charge which would be levied more uniformly on all subscribers, it can be seen that the Group W proposal is less than the survey average. since the proposed monthly increases (i.e., additional outlet And converter charge) will have the most impact upon subscribers' on a continuing basis, some additional discussion is provided here. Attachment 4 outlines the impact of the monthly increases, as proposed by Group W, upon subscribers with one, two and three sets connected to the system. It can be seen that for subscribers with only one set the impact will be minimal ($1.50 per month). TO: MAYOR AND CITY COUNCIL - Page 4 For subscribers with two or more sets the impact would be greater ($6.25 for two sets per month, $1.1.00 for three sets per month'). Group W estimates that approximately 60% of its subscribers have two sets connected to the system. Due to the number of :subscribers with more than one connection, staff is suggesting that the increase for additional outlets per month be applied more gradually in order to soften the initial impact. Specifically, it is being suggested that an increase to $4.00 per month become effective January 1, 1983, with the increase to $5.00 being delayed until January 1, 1984. Staff has discussed this approach with. Mr. Waterman of Group W who has given his concurrence. Another area of staff analysis, with respect to the Group W request, relates to the level of subscriber complaints. Staff carefully logs each complaint which is received in order to maintain a standing record. A review of the complaint record, relative to Group W, from January 1982 to the present, produced the following information. Over the nearly one year period, staff received an average of four complaints per month. Between January 1982 and June 1, 1982, when the merger between Tele- prompter and Group W became effective, staff received a total of 30 complaints or 6 average per month. From June 1st to the present, however, staff received a total of 19 complaints or 3.8 average per month. In October staff received only one complaint and, thus far, in November no complaints have been received. The observed reduction in the frequency of complaints over the past five months is, of course, a desirable trend and one which, hopefully, will continue. Staff believes that the management of Group W continues to make a concerted effort to resolve those subscriber complaints which are referred from this office. This is evidenced most graphically by the lack of "repeat" complaint calls. In general, over the past year, it is felt that the number of complaints has not been excessive and that, as mentioned, the downward trend, in terms of total volume of complaints, has been a positive sign. It should be noted, prior to closing out the staff analysis, that cable companies in California have the right, providing they meet certain technical standards, to unilaterally deregulate rates. Both Group W and Community Cablevision meet the subject standards although neither has suggested the possibility of unilateral deregulation, preferring instead to work with the City to pro- vide services for a reasonable rate. Conclusion and Suggested Action In conclusion, it is felt that.the adjustments proposed by Group W, as modified following staff review, are fair and equitable, especi- ally given the fact that the company's rate structure has not been adjusted since 1976. • TO: MAYOR AND CITY COUNCIL - Page 5 It is suggested that the Council adopt Resolution No. approving the proposed rate adjustments. Staff will continue to work with the company to resolve complaints and improve services. Further status reports to the Council can be prepared as necessary regarding the progress made. ROBERT L. WYNN City Manager RLW;GJB;mm attachments W Ll 4300 CAMPUS DRIVE, SUITE 100. NEWPORT BEACH, CA 926601,14) 540 3698 Gerry J. Bol int Assistant to the City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 -3884 Dear Mr. Bolinta (ADup ATTACHMENT 1 CARLE N ( d i„ n d�a�v nl VJF y�Ap( I I up:.i , Ati11W; ANn CARI F INC Qpstc„Tbei�1,1, 1982 m sv1PN-CIV OF rv`prr. As we aiscusseo in our recent meeting and as you requested in your letter dated September 16, I am enclosing herewith a proposal to adjust our rates for service. We are submitting this proposal for your evaluation and for discussion purposes. Since I have only recently been appointed District Manager, I be- lieve it might be helpful if I reiterate Group W Cable's position. First, Group W Cable maintains that The City of Newport Beach does not have the unilateral right to amend Chapter 5.44 of the Municipal Code as it purported to do in December, 1981. However, we recog- nize that Newport Beach takes the position that it has that right. We propose rate adjustments, therefore, in order to effect a com- promise between Group W Cable and the City which will simultaneously not prejudice either parties' position. If these adjustments are approved in accordance with our proposal, Group W Cable shall com- ply with all provisions of the ordinance as amended. By such an approach, we believe that each party benefits without affecting its legal position. We also believe that the proposed adjustments are fair. We submit the comparison of rates below for your review. Group W Television KOKA-TV. Pittsburgh .KPIX(TV).SanFrancisco •KYW- TV.Philadelphia•WBZ.TV. Boston. WJZ .TV.Baltimore•WPCO- TV.Charlotte GroupW Radio.KDKAand WPNT.PCIsburgh•KFWB.Los Angeles . KJOY,San Diego• KOAX.Dallas -KODA. Houston- KOSI:Denver-KYW. Philadelphia WBZ. Boston • WINO.Chicago • W INS.New York • WOWO Fort Wayne GroupW Cable Filmallon Associates- GroupW Productions -Group W Satellite. Communications • GroupW Television Sales .Home Theater Network Muzak -Radio Advertising Representalrves.TVSC (1) (2) (3) (4) Basic Subscriber Group W Group W Community Difference Services Existing Proposal Cablevision (2') - (3) Installation First outlet 14.95 14.95 15.00 - .05 Additional outlet 5.00 10.00 15.00 - 5.00 Reconnect 10.00 10.00 10.00 .00 Relocation 9.95 14.95 15.00 - .05 Extend lead .00 10.00 10.0.0 .00 Monthly Service First outlet 8.50 8.50 10.95 = 2.45 Additional outlet 1.75 5..00 5.00 .00 Converter .00 1.50 2.00 - .50 Group W Television KOKA-TV. Pittsburgh .KPIX(TV).SanFrancisco •KYW- TV.Philadelphia•WBZ.TV. Boston. WJZ .TV.Baltimore•WPCO- TV.Charlotte GroupW Radio.KDKAand WPNT.PCIsburgh•KFWB.Los Angeles . KJOY,San Diego• KOAX.Dallas -KODA. Houston- KOSI:Denver-KYW. Philadelphia WBZ. Boston • WINO.Chicago • W INS.New York • WOWO Fort Wayne GroupW Cable Filmallon Associates- GroupW Productions -Group W Satellite. Communications • GroupW Television Sales .Home Theater Network Muzak -Radio Advertising Representalrves.TVSC .7 Gerry J. Bolint October 1, 1982 Page 2 Moreover, when the Municipal Code was amended in December, Commu- nity Cablevision was granted a ten year extension of its franchise so that franchise would run concurrently with ours. Although Group W would like a similar extension of its franchise, we under- stand Newport Beach's desire to have both franchises run concur- rently. Nevertheless, Community Cablevision received a valuable asset when its franchise was extended. Group W has neither asked for nor obtained a rate increase for over six years. We do not believe it is appropriate that we should be penalized for our forbearance. our proposal merely allows us to raise our rates to offset our increased costs of operation. The new rates we request are still substantially below Community Cablev'.sion's rates for substantially similar services. The City will achieve significant increases in rev- enues due to inclusion of all revenues in the franchise fee base. We at Group W Cable hope that our suggested approach is accept- able. We value the good relationship we have with the City of Newport Beach and wish to maintain it. Enclosures RJW /bh Sincerely, i/ar Waterriman District Manager O i • PROPOSED RATE ADJUSTMENTS Group W Cable, Inc. (formerly Teleprompter), a Grantee under Municipal Code Chapter 5.44, shall have the right to increase its rates and charges for Basic Subscriber Services to the following: Installation Charge - Additional Outlet $10.00 Installation Charge - Relocation $14.95 Installation Charge - Extended Lead $10.00 Monthly Service Charge Converter Rental $1.50 Monthly Service Charge - Additional Outlet $5.00 The above changes to existing Basic Subscriber Services shall become effective January 1, 1983. ' September 16, 1982 CITY OF NEWPORT BEACH Mr. Richard Waterman District Manager Group W Cable . 4300 Campus Drive Newport Beach, CA 92660 Dear Mr. Waterman: OFFICE OF THE CITY MANAGER (714) 640 -2153 I wanted to take this opportunity to thank you and Beverly Peterson for meeting with me this morning to discuss various matters pertaining to cable television within the City of Newport Beach. As you know, the City Council on November 23, 1981 adopted various amendments designed to update Chapter 5.44 of the Municipal Code, "Community Antenna Television." As part of the recommendation at that time, it was suggested that staff meet with both of the City's cable franchisees during 1982 regarding implementation of the amendments. A report back to the Council during 1982 was to be prepared on this matter. Enclosed is a cony of the November 9th staff report. This will confirm my understanding that Group w will be submitting a proposal by October 1, 1982 for evaluation by the City. Following receipt of this proposal,it is my further understanding that we will again meet to review the company's future plans. Thank you for your cooperation. yl As4jsfantj+ o the City Manager GJB /jmb xc: Beve ly Peterson City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 -3884 P.O. Box 1768 .. -!b • 901 WEST SIXTEENTH Si . NEW PORT BEACH, CA 92bb9 p141642 1441 Gerry Bolint Assistant to the City Manager 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Dear Gerry: Am WATTACHMENT 2 CABLE Group W Cible Ins A Subsidiary of Wt SITNONOl1S1_ BROABCASTING AND CABLE INC November 9, 1982 For your information and to be included with our proposed rate increase I have enclosed a breakdown of rates & costs. We have used three different types of converters through the years, each being an improvement. The cost has increased substantially but this increase was not passed on to the sub - scriber. In view of the increased price of the converter, increased wages and loss of converters due to transient subscribers we feel the proposed $1.50 converter charge per month would help to offset our expenses. Our cost for equipment, vehicles and wages has increased considerably - thus the proposed installation rates. I hope this will be of help in clarifying our proposal. Sincerely, J Beverly Peterson General, Manager Enclosure BP /lw Group W Tetevision: KDKA -N. Pittsburgh - KPIX.IN1. San Francisco -KYWN. Philadelphia • WBZ- TV,'Boston- WJZ -N; Baltimore - WPCGSV, Charlotte Group W Ratio: KOKA and WPNT, Pittsburgh - KFWB. Los Angeles • KJDY, San Diego • KOAX, Dallas • KODA, Houston • KOSI, Denver • KYW, Philadelphia WBZ, Boston •WIND, Chicago- WINS, New York•WOWD Fort. Wayne Group Cable Filtration Associates -Group W Productions -Group W Satellite Communications • Group W Television Sales Home Theater Network - Muzak? Radio Advertising Representatives -TVSC Basic Subscriber Services: 0 Installation- Existing Proposed Additional Outlet $5.00 $10.00 Increased costs in material & labor.. Relocation $9.95 $14.95 Labor & Materials costs comparable to initial primary installation. Extend Lead -0- $10.00 Additional wire requested from converter. Ability to move T.V. any where in room. Monthly Service- Existing Proposed Additional Outlet $1.75 $5.00 Increased costs in wages and materials. Converter -0- $1.50 Converter prices have increased from $28.00 to $35.00 to $97.00. Increases have not been passed on to subscribers. t ATTACHMENT 3 RAPTr SLiRRrRTRRR 9RRVTCRR! GROUP W EXISTING GROUP W PROPOSAL COUNTY AVERAGE A. Installation: 1. Additional Outlet $5.00 $10.00 $ 9.00 2. Relocation $9.95 $14.95 $13.00 3. Extend Lead -- $10.00 $ 9.00 B. Monthly: 1. Additional Outlet $1.75 $ 5.00 $'4.00 2. Converter Charge -- $ 1.50 $ 2.50 11/82 • �I 3 ATTACHMENT 4 Impact of the Proposed Monthly Rate Increases* Subscriber A - 1 Television Set connected to Cable Additional Charges: $1.50 per month, Converter Charge Subscriber B - 2 Television Sets connected to Cable Additional Charges: $3.00 per month, Converter Charge(2 Converters) $3.25 per month increase for one additional outlet $6.25 per month Total increase Subscriber C - 3 Television Sets connected to Cable Additional Charges: $4.50 per month, Converter Charges(3 Converters) $6.50 per month increase for two additional outlets $11.00 per month Total Increase *as initially proposed by Group W to become effective January 1, 1983. 11/82 RESOLUTION NO. 8 2 v 14 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING RATE INCREASES REQUESTED BY GROUP W. CABLE, 'INC., FOR BASIC SUBSCRIBER SERVICES RE CABLE TV SERVICES WHEREAS, on November 8, 1982, the City Council of the City of Newport Beach adopted Resolution No. 82 -144 declaring its intention to hold a public hearing to consider a request, by Group W. Cable, Inc., (formerly Teleprompter) for rate increases for basic subscriber services re cable TV services; and WHEREAS, on November 22,1982 the City Council of the City of Newport Beach held a public hearing to consider these requests and WHEREAS, the City Council of the City of Newport Beach has reviewed said requests and found them to be fair and equitable, NOW, THEREFORE, BE.IT RESOLVED by the City Council of the City of Newport Beach that the charges for basic subscriber services to Group W. Cable, Inc. shall be as follows: Installation Charge - Additional Outlet Installation Charge Relocation Installation Charge — Extended Lead Monthly Service Charge - Converter Rental Monthly Service Charge - Additional Outlet: Effective January 1, 1983 Effective January 1, 19 84 $10.00 $14.95 $10.00 $ 1.50 $ 5.00 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain this fee schedule on file to be made available to interested citizens, upon request, and to forward a copy thereof to Group W. Cable, Inc. ADOPTED this day of NOV 22 Mayor ATTEST: City Clerk RSP- Groupw 1982.. . THE NEW PORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, s: County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circular tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: ............ N.0.0 1.0 .................. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this /Zday of Nc,) , 19 $2- ♦ -- ` Signature Zi � d� THE NEWPORT ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625. 16 - e6 This space is for the County Clerk's Filing Stamp Proof of Publication of A Paste Clipping of Notice SECURELY In This Space PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding: Proposed raft adjustments requested from Group W Cable for cable television mr- vice, pursuant to Section 5.61.035(b) of the Newport Beach Municipal Code. NOTICE IS HEREBY FURTHER GIVEN that the said public hear- ing will be held on the 22nd day of November, 1982, at the hour of 7:30 P.M. in the Council Chambers of the City of Newport Beach, California, at which time and place any and all persons in. terested may appear and be heord thereon. Wanda E. Andersen, City Clerk, City of Newport Beach. Publish Nov. 10, 1982 to The New. port Ensign NEI104 PROOF OF PUBLICATION Jle 7- 409SNG -O Q / OF > e Alt s s , Air ddr 1 ® / r i , J �"4, i / P" AS INVICA , V ry�A errMARr e f1AvL JU9Sf*4Nr1Aay POW- 11VM4 i4S AIR 06;? IW .ILL 'Cr /ONS . ZI *PIIVG MISPEP/M70 wawv `TABLE nnmwc�w. m�:.nsma,�'a' MSIIYfagYSE &geMKIW6NN GBLE M[. 11� 1.4 1976 % CHAKNEGS) KNXf KNBC KtIA KABC eoqJ Kitt/ KCOP KCFf KFMB eN)(r AM& eriA eA8C X#j elry ecoP &er Koc4f 4 WWCABLE SiW�4)NpYV.Lfw .Vg4�y1 K (28 MANAleir) WGN W48.S' MA *r.y�erm 134 roplermp AAA wsmerzo `rya wwr er8^/ COAsIMME Coin' emEx e6ocr 4FSPN CAS egSeA&E OWSO Z ellMO 1 CCN K& /V WHY WOR C-SPAN !► /�.7.7��/I����L 1 A�PI� NAT /0 Ass�c�Ar�AE.s� New * ARM /0" PAY sEXPlelok .SMC/PCALL Y, ! 4F AAF M4Ptfi l N /NG TNI/O rYRFS DtCPAIF 11 CCFAS46S'. (l.) ADD /t /ON•4L 0lJfLff RA 1F FOR SA SIC SfRV /Cf W /LL BfCOMe X4.00 1MONtH (2) WFARE /MPLfMENT /NG A St 1.50 /MONTfI CONI/ERrE�2 Cf1A RGF. 1146PC,APE JIISr rwO 4)(AMPMS Ofit,/D,H/ rME FArE IMCPFA$�F WOII140 jfPAcr YOUR /HONT/-,/L Y 01AR S GMkW WCABLE WEST HOJ ny JaE6X0.[OCn511XGPq�EMtEi1ry'. £X�P�E I • ' 1 I i�Olt, V ..'i M! m •1 0 PRIMARY OUTLET 8 ,50 + 10.95 � a = 1 OUT ET T 1.75 so + 0 = 1.75 � 21.20 PRIMARY New OUTLET 8.50 + 10.95 �- 1.50 = 20.95 ATE SECOND O No + - 4.0 _ OUTLET H a • 1 5t 5.50 fig 6*45 25% INCREASE - MSIMONAW VdM1I6 MO Wf R BASIC + �M t SNOWTIME- CONVERTER = TOTA L OLD T� 36.15 #tW ATE 415'0 14% INCREASE 6BIE eiouONlEaEn,iM �9ixiauryM `1:f5:'aYagJ4&NOM t�hGPFP V9l e,IM E 8.50 + 10.95 + PRIMARY OUTLET $.50 + 10,95 -� 10.95 + 0 30.40 1.75 + 2.00 + 2.00 + O 5.75 PRIMARY OUTLET $.50 + 10,95 -� 10.95 + 16..50 = 31.90 sEcoNV OUTLET 4.00 + ' 2.00 + 2.00 + 1.50 = 9.50 S /�VCE 19T6 rNfCDNS�/Mft�P,P/CE /NDEX 4 0. ,• s m W. EE 20 9 eftstl# FRKf/NAEX EXAMPIE 1 FXAMAZE 2 d!/�` l/ALfUF X91JASA .Sl gul1 I FR AAP W /LL 69NrINUF Al APDX /PW YOU W/rl T #,' R SSrAI1A1ZA&F 4NTFR�A /LAMENT I� VVI�AA4441NO,o RMAS� edNrAcr Olt S SFVERLY PETERSON 6'fNFiPAIo MAN<IGER Fe i w UME,P WCABLE Gx�WGiu.�n�:n uziRar�P mnezvoaa�e. iuc. • 6 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 November 2.3, 1982 Mr. Richard J. Waterman District Manager GROUP W CABLE 888 W. Santa Ana Boulevard Suite 260 Santa Ana, CA 92701 Dear Mr. Waterman: CITY MANAGER'S OFFICE (714) 640 -2153 _,� ,- �9 'V! t4RV0 BEACH. N0V 2 41982 t Enclosed for your files is an executed copy of Resolution No. 82 -147, approving rate adjustments for various services provided by Group W Cable. This Resolution was adopted by the City Council on November 22, 1982. Staff looks forward to working with Group W Cable in imple- menting the various service improvements and enhancements referenced in the November 22nd staff report to.the Council, and your October 1, 1982 letter, concerning compliance with amendments to Municipal.Code Chapter 5.44. Additionally, pursuant to discussion held during the Nov- ember 22nd meeting, it is understood that Group W'will take whatever action is necessary to service the area within which Mr. Jim de Boom (1743 Bayport).resides. you for your cooperation. J GJB ; mm the City Manager Beverly Peterson, Group W Cable 3300 Newport Boulevard, Newport Beach RESOLUTION NO. 82 -147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING RATE INCREASES REQUESTED BY GROUP W. CABLE, INC., FOR BASIC SUBSCRIBER SERVICES RE CABLE TV SERVICES WHEREAS, on November 8, 1982, the City Council of the City of Newport Beach adopted Resolution No. 82 -144 declaring its intention to hold a public hearing to consider a request, by Group W. Cable, Inc., (formerly Teleprompter) for rate increases for basic subscriber services re cable TV services; and WHEREAS, on November 22, 1982 the City Council of the City of Newport Beach held a public hearing to consider these requests; and WHEREAS, the City Council of the City of Newport Beach has reviewed said requests and found them to be fair and equitable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the charges for basic subscriber services to Group W. Cable, Inc., shall be as follows: Installation Charge - Additional Outlet Installation Charge - Relocation Installation Charge - Extended Lead Monthly Service Charge - Converter Rental Monthly Service Charge - Additional Outlet: Effective January 1, 1983 Effective January 1, 1984 $10,00 $14.95 .$10.00 $ 1.50 $ 4.00 $ 5.00 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain this fee schedule on file to be made available to interested citizens, upon request, and to forward a copy thereof to Group W. Cable, Inc. ADOPTED this 22nd day of November , 1982• ATTEST: j/ City Clerk RSP- GroupW Mayo CERTOJED AS A TRUE AND C RRECT COPY CRY CLERK OF THE CITT OF HIWFOR7 BEACH DAM 4"G". 0V3;..AQ�vZ -. &2z_D • �R � z _ i��P .�ec,� CITY OF NEWPORT BEACH NOV 08 1982 OFFICE OF THE CITY MANAGER by ih9 QfY COUNCIL CITY OF NEWPORT BEACH November 8, 19 -82' CITY COUNCIL,, ITEM NO.��a) TO: MAYOR AND CITY COUNCIL FROM: SUBJECT: City Manager Attached is a letter from Group W Cable requesting various adjust- ments in its rates for cable television service. Municipal Code Section 5.44.035(b) requires, prior to conducting a hearing on such rate adjustments, that the Council first ,pass a Resolution of Intention to hold a public hearing. It is suggested that the Council adopt Resolution No. declaring its intention to hold a public hearing on November 22, 1982 to consider the proposed rate adjustments. A full staff report con- taining an analysis and recommendations will be presented at the time of the hearing. o_ a v V t t "' -- ROBERT L. WYNN City Manager RLW:jmb Attachment F • 4300 CAMPUS ORVE. SUITE 100. NEWPORT BEACH. CA 92W 1714 }54003698 Gerry J. Bolint Assistant to the City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 -3884 uN CAR1 E Caliir Im A Subsloiary of Ht„jt5I BPOADCASTING AND CABLE. INC :)ei,\l, 1982 / G U MPN� a „R t"c ( ' / C¢V 01 NZp kv \ 1i Dear Mr. Bolint: /) AS we discussed in our recent meeting and as you requested in your letter dated September 16, I am enclosing herewith a proposal to adjust our rates for service. We are submitting this proposal for your evaluation and for discussion purposes. Since I have only recently been appointed District Manager, I be- lieve it might be helpful if I reiterate Group W Cable's position. First, Group W Cable maintains that The City of Newport Beach does not have the unilateral right to amend Chapter 5.44 of the Municipal Code as it purported to do in December, 1981. However, we recog- nize that Newport Beach takes the position that it has that right. We propose rate adjustments, therefore, in order to effect a com- promise between Group W Cable and the City which will simultaneously not prejudice either parties' position. If these adjustments are approved in accordance with our proposal, Group W Cable shall com- ply with all provisions of the ordinance as amended. By such an approach, we believe that each party benefits without affecting its legal position. We also believe that the proposed adjustments are fair. We submit the comparison of rates below for your review. Basic Subscriber Services Installation First outlet Additional outlet Reconnect Relocation Extend lead Monthly Service First outlet Additional outlet Converter GroupW (1) (2) (3) (4) Group W Group W Community Difference Existing Proposal Cablevision (2) - (3) 14.95 14.95 15.00 - .05 5.00 10.00 15.00 - 5.00 10.00 10.00 10.00 .00 9.95 14.95 15.00 - .05 .00 10.00 10.00 .00 8.50 8..50 10.95 - 2.45 1.75 5.00 5.00 .00 .00 1.50 2.00 - .50 .WJZ- TV.Baltimore. WPCO- TV.Charlotte WBZ.Bostonr GrouDWCable Filmation Associates-Group .W Productions.Gicup W Satellite Communications -Group W Television Sales Home TheaterNetwork -Muzak .RadioAdvertising Representatives. TVSC 3 Gerry J. Bolint October 1, 1982 Page 2 Moreover, when the Municipal Code was amended in December, Commu- nity Cablevision was granted a ten year extension of its franchise so that franchise would run concurrently with ours. Although Group W would like a similar extension of its franchise', we under- stand Newport Beach's desire to have both franchises run concur- rently. Nevertheless, Community Cablevision received a valuable asset when its franchise was extended. Group W has neither asked for nor obtained a rate increase for over six years. We do not believe it is appropriate that we should be penalized for our forbearance. our proposal merely allows us to raise our rates to offset our increased costs of operation. The new rates we request are still substantially below Community Cablevision's rates for substantially similar services. The City will achieve significant increases in rev- enues due to inclusion of all revenues in the franchise fee base. We at Group W Cable hope that our suggested approach is accept- able. We value the good relationship we have with the City of Newport Beach and wish to maintain it. Enclosures RJW /b h Sincerely, .ry c ar wn District Manager • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 8, 1982 TO: MAYOR AND CITY COUNCIL FROM: City Manager &zD NOV 08 1982 By tho CITY COUNCIL CITY OF NEWPORT BEACH CITY COUNCIL ITEM NO, F-A(6) SUBJECT: REQUEST FOR RATE ADJUSTMENTS SUBMITTED BY GROUP W CABLE Attached is a letter from Group W Cable requesting various adjust- ments in its rates for cable television service. Municipal Code Section 5.44.035(b) requires, prior to conducting a hearing on such rate adjustments, that the Council first pass a Resolution of Intention to hold a public hearing. It is suggested that the Council adopt Resolution No. declaring its intention to hold a public hearing on November 22, 1982 to consider the proposed rate adjustments. A full staff report con- taining an analysis and recommendations will be presented at the time of the hearing. ROBERT L. WYNN City Manager RLW:jmb Attachment C i f•U G September 16, 1982 C.7 CITY OF NEWPORT BEACH Mr. Richard Waterman District Manager "Group W Cable 4300 Campus Drive Newport Beach, CA 92660 Dear Mr. Waterman: I wanted to take this Peterson for meeting matters pertaining to Newport Beach. OFFICE OF THE CI'T'Y MANAGER (714) 640 -2153 opportunity to thank you and Beverly with me this morning to discuss various cable television within the City of As you know, the City Council on November 23, 1981 adopted various amendments designed to update Chapter 5_44 of the Municipal Code, "Community Antenna Television." As part of the recommendation at that time, it was suggested that staff meet with both of the City's cable franchisees during 1982 regarding implementation of the amendments.. A report back to the Council during 1982 was to be prepared on this matter. Enclosed is a copy of the November 9th staff report. This will confirm my understanding that Group W will, be submitting a proposal by October 1, 1982 for evaluation by the City. Following receipt of this proposal,it is my further understanding that we will again meet to review the company's Future plans. Thank you for your cooperation. GE rely, tjlto the City Manager GJB /'jmb xc: Beve ly Peterson City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663 -3884 P.O. Box 1.768 N 40 RESOLUTION NO. 82-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH.OF ITS INTENTION TO HOLD A PUBLIC'.. HEARING TO CONSIDER A RATE INCREASE REQUEST BY GROUP W. CABLE, INC., ('FORMERLY TELEPROMPTER) FOR BASIC SUBSCRIBER SERVICES RE CABLE TV'SERVICES WHEREAS, Section 5.44 of the Newport Beach Municipal Code provides, among other things, that the holder of a community antenna television franchise may request an increase in its rates and charges for basic subscriber services; and WHEREAS, Section 5.44.035 of the Newport Beach Municipal Code provides that prior to authorizing any change for rates or charges by said holder, the City Council shall first adopt a Resolution of Intention to do so and fix a time for a public hearing for consideration of the matter; and WHEREAS, Group W. Cable, Inc., (formerly Teleprompter) has requested an increase in its basic subscriber services rates, effective January 1, 1983, as follows: Installation Charge - Additional Outlet $10.00 Installation Charge - Relocation $14.95 Installation Charge Extended Lead $10.00 Monthly Service Charge - Converter Rental $ 1.50 Monthly Service Charge - Additional Outlet $ 5.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing to consider the request of Group W. Cable, Inc. shall be set for the 22nd day of November, 1982, at the hour of 7:30 p.m., in the Council Chambers located at City Hall, 3300 Newport Blvd., Newport Beach, California to consider the above request, and 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 October 27, 1982 Ms. Beverly Peterson General Manager GROUP W CABLE 901 West 16th Street Newport Beach, CA 92663 Dear Ms, Peterson: OFFICE OF THE CITY MANAGER (714) 640 -2153 This letter is intended to serve as a reminder that pursuant to Municipal Code Sections 5.44.120 and 5.44.130 (copies enclosed), CATV franchisees are required to maintain, in full force and effect, surety bonds and insurance cover- age. Please be sure that your.company continues to satisfy the requirements of these sections. Thank you for your continuing cooperation. Sincerely, City Manager GJB;mm xc: City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER August 23, 1982 0 (qa) AUG 23 1982 Cy Cia CITY COUNCIL CITY OF NEWPORT BEACH COUNCIL AGENDA TO: MAYOR AND CITY COUNCIL �ja,� ITEM N0, ll FROM: Assistant to the City Manager SUBJECT: ACCEPTANCE OF VIDEOTAPE EQUIPMENT FROM GROUP W CABLE Background Group W Cable, which televises the City Council meetings, is proposing to donate to the City,videotape equipment and video- tapes to permit establishment of a videotape library of meetings. The subject equipment consists of a Sony videotape player and a Toshiba color television set. Proposed Videotape Library Location It is proposed that the equipment be housed at the Mariners branch library in the current videotape viewing room. In order to properly install the equipment it will be necessary to purchase a "carrel desk." These desks, an example of which is depicted in the attached diagram, are specifically designed to house video- tape equipment of this type. The cost of the desk is $160. A proposed budget amendment for that amount has been placed on this evening's agenda. Recommendation It is recommended that the Council accept the donated equipment from Group W and approve the associated budget amendment authorizing purchase of a carrel desk. Following establishment of the videotape library, a notice could be placed in the "Citizens' Reporter" newsletter advising inter- ested res;,dents of its availability. the City Manager GJB /j eves 7600, 8700' .o's independent study stations ,r durability, quality and comfort. t :s N r• .... s Work surf ace 8' (20 cm) shelf and 20" (51 cm) high panels are solid:.. core with banded edges and surfaced with textured Vircolite -•^+m ; laminated plastic. 't Models 7600 and 7662 have four : round chromed legs with steel base swivel glides. Models 8761 and l r 8762 have two rectangular legs with adjustable steel base glides. (See leg photos on pages 27 and 29.) ;olor Combinations: Model No. 8762 iside of panels: White. Rectangular or round adjustable legs are )utside of panels and shelf: offered on both single and double carrels. . eak or Walnut. _egs: Chrome. How to Order: 1. Specify model No.; (2) specify Teak or Walnut panels; (3) optional electrical storage accessories and, (4) optional °r accessories. -'. PAW .- (91 yid 24" T661 Round is (61 cm) a6' (9r cm) 24• o 8761 Rectangular legs (Br cm) p82 cm) 24" 7662, Round Is,,t'`:H. i61 CM) '�' .. . 7r (162 cm) 24, 8762 Rectangular legs' - (61 cm) . Storage ac 1 Optional fluorescent study light with switch and electrical outlet attaches under shelf. To Order: Add the letter "L" to the model No. (example 7661L). d u i s t: Optional qua rg on double carrel. >� �• outlet (Duplex outlet on single carrel) is mounted under the �' r the back edge of work surface. A round hole near the back edge of the work surface ' allows electrical cords to pass' down to outlet. } To order:. Add the letter "D" to the model No. t (example 7661D).. i s t: tJ 12 1982 By the CITY COUNCIL CITY OF NEWPORT BLAJOK TO: FROM: SUBJECT: 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER July 12, 1982 MAYOR AND CITY COUNCIL Assistant to the City Manager (k12 ) COUNCIL AGENDA ITEM N0, /-"1la-% TELEPROMPTER -GROUP W CABLE MERGER Attached is a letter from William J. Bresnan, Chief Executive Officer of Group W Cable, Inc. certifying completion of the merger of Teleprompter Corporation into its parent company, Group W Cable. As noted in the letter the merger became effective on June 1, 1982. The City Council had previously given its official consent to the merger by adopting Resolution No. 82 -51. This memorandum and the attached letter is for Council informa- tion and filing. GE RRY/J Assi tan GJB /jmb Attachm to the City Manager 888 SEVENTH AVENUE; NEW YORK, NY 10108(212)247 -8700 WILLIAM J. BRESNAN Chairman and Chief Executive Officer Office of the City Manager 3300 Newport Blvd. Newport Beach, Ca 92663 Dear Sir or Madam: 0 Group W Gable Inc . A Subsidiary of WESTINGHOUSE BROADCASTING.AND CABLE. INC. In following the Group W Cable policy of keeping our franchising authorities up -to -date on material develop- ments at our corporation, I am pleased to advise you that effective June 1, 1982, Teleprompter Corporation, the cable television franchisee in Newport Beach, California was merged into its parent corporation, Group W Cable, Inc. There has been no change in management, control or final ownership as a result of this transaction. Naturally, Group W Cable, Inc. fully accepts the terms of the franchise and agrees to perform all of the condi- tions. On a personal note, I wish to add that this reorga- nization should make us more efficient and productive and will allow us to draw on the resources, experience and leadership of Westinghouse - our parent company. In short, this reorganization will allow us to better service our communities and subscribers. Group W Television KDKA -TV, Pittsburgh • KPIX 1TVI, San Francisco- KYW -TV, Philadelphia • WBZTV, Boston- WJZ -TV, Baltimore- WPCDTV, Charlotte. Group W Radio: KDKA and WPNT, Pittsburgh • KFWB, Los Angeles. KJOY.San Diego • KOAX,. Dallas • KODA, Houston KOSI, Denver• KYW Philadelphia WBZ; Boston• WIND, Chicago• WINS, New York• WOWO, Fort Wayne Group W Cable Filmation Associates Group W Productions • Group W Satellite Communications- Group W Television Sales Home Theater Network - Muzak '• Radio Advertising Representatives • TVSC -2- I look forward to a continuing and productive rela- tionship. Rece ntowledged.: By ol,• Title:%iss4• a 1(c Cam. b -3C) -Fz 0312N(P) 0317N(S) Very truly yours, J it Bresnan Chief Executive Officer w 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 10, 1982 TO: MAYOR AND CITY COUNCIL FROM': Assistant to the City Manager (Jqa COUNCIL AGENDA ITEM NO. F -9(b) 0.4 10 1982 SUBJECT: STATUS OF CABLE TELEVISION INSTALLAlKON QTY COUNCIL C;7Y OF N�,VAVAT REACH IN THE GROUP W CABLE FRANCHISE AREA Attached is the April 27, 1982 cable installation status report submitted by Group W Cable (formerly Teleprompter). This report confirms finalization of the installation in Eastbluff. All that remains to be constructed within the franchisees service area is the recently annexed West Newport Triangle area. This latter area is scheduled for completion this summer. This status report is being submitted to the Council for information and filing. As GJB; atta the City Manager oZ 0 901 WEST SIX TEENT H.ST.. NEWPORT BEACH, CA 92663T7141642 7447 City of Newport Beach 3300 Newport Beach Blvd. Newport Beach, Calif. 92663 Attn: Gerry Bolint Assistant to the City Manager UP 4 CABLE Group W Cable. Inc.. A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE, WC: April 27, 1982 Pear Mr. Bolint: As of April 27, 1982, the status of our East Bluff project is as follows: 100% of our plant in the East Bluff area is energized and ready for - installation. We have 30 subscribers on line and 302 to be installed in the next few weeks. Cable is also ready for installation to the schools and recreation facilities. Arrangements have been made for a walk -out with the con- tractor and Group W,Cable to check all specifications and correct any damage.. Glean -up in the East Bluffs should be completed within the next two weeks. If you have any questions, AiWIl`� BP /cm�~RECa�, L APR 2 81982 :. MANAGER o OF ryFWWBi lFAU4 Q M please feel free to call me. Sincerely, Beverly Peterson Acting General Manager Group W Television: KOKA -TV, Pittsburgh • KPIX ITV), San Francisco • KYW 1V; Philadelphia • WBZ -TV, Boston • WJZXV, Baltimore- WPCO -TV, Charlotte Group W Radio: KDKA and WPNL Pittsburgh • KFWB, Los Angeles - KJOY,San Diego • KOAX, Dallas • KODA, Houston • KOSI,. Denver • KYW, Philadelphia WBZ, Boston• WINO, Chicago• WINS, New York• WOWP, Fort Wayne Group. W Cable Filmation Associates - Group W Productions • Group W Satellite Communications • Group W Television Sales Home Theater Network • Muzak • Radio Advertising Representatives -TVSC TO: FROM: SUBJECT: CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 12, 1982 MAYOR AND CITY COUNCIL City Manager 0a) CITY COUNCIL AGENDA NO F -A(G) El MR MKI=M1.1 2 PROPOSED REORGANIZATION OF TELEPROMPTER By t6o GiTY COUNCIL CITY OF P..V? ,T BEACH APR 12 1982 INTO GROUP W CABLE, INC. On April 14, 1981 the City Council, pursuant to Municipal Code requirements, formally reviewed and approved by Resolution the merger of Teleprompter Corporation and a subsidiary of Westinghouse Broadcasting. Attached is a letter from Teleprompter acknowledging finali- zation of the merger and requesting a further action of the Council to approve an internal reorganization. The proposed internal corporate action would reorganize Teleprompter into Group W Cable, Inc., the Westinghouse parent corporation. As noted in the letter from Teleprompter, this reorganization will involve no change in management control and final owner- ship. In addition to requesting the specific reorganization approval, the letter from Teleprompter requests a blanket authorization for future transactions of this type. Staff feels that such a blanket authorization would be inappropriate and has not included it as part of the resolution which is proposed for adoption on this evening's agenda. Staff recommends the adoption of Resolution the proposed reorganization of Teleprompter Inc. ROBERT L. WYNN City Manager RLW;GJB;mm attachment No. _� S1 approving into Group W Cable, =IifC P Teleprompter of Newport Beach 901 West 161n Street. Newport Beacn. CA :92663 (714) 642 -3260 Robert L. Wynn City Manager City Hall 3300 Newport Bl. Newport Beach, Calif. 92663 Dear Mr. Wynn: March 12, 1982 As you are no doubt aware, on August 18, 1981, Westinghouse Broad- casting Company, Inc.., a subsidiary of Westinghouse Electric Corporation, acquired control of Teleprompter Corporation, the cable television opera- tor in Newport Beach, California. Teleprompter is one of the nation's largest cable television operators, and its systems throughout the country are held both by it and a multitude of subsidiary companies. In order to simplify matters, and to obtain ad- ministrative benefits through operating efficiencies, internal corporate transactions are being undertaken whereby the wholly -owned subsidiaries of Teleprompter will be reorganized into Teleprompter, and Teleprompter will then be reorganized into Group W Cable, Inc.., its parent corporation. This is to respectfully request your approval of the reorganization of Teleprompter into its parent company. There will be no change in man- agement, control or final ownership as a result of these internal corpor- ate transactions. I have taken the liberty of enclosing a draft resolu- tion which may be of some help to you in considering this application. The ordinance would grant approval of the present reorganization, as well as future internal corporate transactions involving the franchisee and a parent company or a subsidiary. Your early attention to this matter will be appreciated. If you have any questions, please let us 'hear from you. Very truly yours, Bever l Peterson Acting General Manager RESOLUTION NO. 8 2 -5 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CONSENTING TO THE REORGANIZA- TION OF TELEPROMPTER CORPORATION PURSUANT TO SECTION 5.44.060 (g) OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, Teleprompter Corporation, now a part of Westinghouse Broadcasting Corporation, plans to reorganize; and WHEREAS, Section 5.44.060 (g) of the Newport Beach Municipal Code provides that a cable television franchisee cannot be sold, transferred or otherwise disposed of', in whole or in part, by sale, merger, consolidation or otherwise, without the prior consent of the City Council, expressed by resolution; and WHEREAS, Teleprompter Corporation has requested the City Council of the City of Newport Beach to consent to the reorganization, as set forth in the attached correspondence dated March 12, 1982, attached hereto and marked Exhibit "A" and incorporated herein as though fully set forth at length; and WHEREAS, the City Council finds and determines that the reorganization into Group Westinghouse Cable, Inc., a parent company, is in the best interests of the City of Newport Beach., NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, that pursuant to Section 5.44.060 (g) of the Newport Beach Municipal Code, the City Council hereby consents to subject reorganization. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to send a certified copy of this Resolu- tion to Teleprompter. Corporation, evidencing the City of Newport Beach's prior consent to the merger. ADOPTED this APR12 day of , 1982. ATTEST :Mfy1 City Clerk- C ;Z CABLE T1/ Teleprompler of Newport Beach 901 West 16th Street Newport Beacn. CA 92663 (214)642 -3260 Robert L. Wynn City Manager City Hall 3300 Newport S1. Newport Beach, Calif. 926:63 Dear Mr. Wynn: March 12, 1982 As you are no doubt aware, on August 18, 1981, Westinghouse Broad - casting Company, Inc., a subsidiary of Westinghouse Electric Corporation, acquired control of Teleprompter Corporation, the cable television opera- tor in Newport Beach, California. Teleprompter is one of the nation's largest cable television operators, and its systems throughout the country are held both by it and a multitude of subsidiary companies. In order to simplify matters, and to obtain ad- ministrative benefits through operating efficiencies, internal corporate transactions are being undertaken whereby the wholly -owned subsidiaries of Teleprompter will be reorganized into Teleprompter, and Teleprompter will then be reorganized into Group W Cable, Inc„ its parent corporation. This is to respectfully request your approval of the reorganization of Teleprompter into its parent company. There will be no change in *roman agement, control or'final ownership as a result of these internal corpor- ate transactions. .I have taken the liberty of enclosing a draft resolu- tion which may be of some help to you in considering this application. The ordinance would grant approval of the present reorganization, as well as future internal corporate transactions involving the franchisee and a parent company or a subsidiary. Your early attention to this matter will be appreciated. If you have any questions, please let us hear from you. very truly yours, Beverl�Peterson Acting. General Manager EXHIBIT "A"