HomeMy WebLinkAboutAgenda Packet 09/18/2001
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E.iCONSENT AGENDA .
.Er GitYC~uncil minutes- September4~ 2091'. .......,5
",',.r~.: Wires{September.7, 2001 - $1';138,99:4~30.,j~f ,;,lit1
3: (She~k Register - September 7, tOO 1 - 13
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'F.~~ITY COUNCIL COMMITTEKRE~QRTS
G.9IWINANCES NOTRE QUIRING PUBLtC':' ,
HEARINGS
H. RESOLUTIONS
I. QTHER CONSIDERATIONS
,E Public Fireworks Display for High School
Homecoming
;'2. Cable TV Futur,e Needs and Interests Report
. 3. PilotTesting of Water Source Filtration
Options
. 4. Compact Flourescept LampCoupon
Agreement Amendment
5; Fiber Optic Pilot Project
6. Purchase. of Conservation Agreement with
BP AAmendment
AcceptRe}Jort '.
:Approve T~sting
Approve Agreement
Authorizeq~l~y:
ApproveAm~n'dinent .
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PUBLIC HEARINGS~QU~~I~.fUPICIAL
(7:00 P:M. or soo~ thereif):&)~r>;': ".
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PUBLICHEARINGS;;:~OTHER .
1. "Publicf.Ifaring.t~. R~~~iY.f.F~~~~l.Local Law
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2. Electric Uti1ity:~~!~.fr~~~P.~tjI?Il"
209
"HoldPublic Hearing / No Action Required
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':. Open~b!if He~I1g
L. INFORMATION ,K
1. City Manager'~ Cal,~ndartRepoh. (page 223)
~.' * pformatig~ie~<I::Z1I~~g;.i25) '. ~.......".,.~..., N',
2. Department of C~lI1rriUlli!Y DeyelopH}ent Monthly Reports.., -^:~gt}~t~P~ L crage:t,45)
3,. Public Wor~~f1JttHties Mont~ly~eport -,August 20Ql;"(J?~g~.247r..;,..' .
4. Police Department Mon~ly:ReB~rt:-~ugu~t 200l:'(P~gf.:g42)~! '.
5. Pl~ingCompris~i9nMir!utes ~~*gtJ..st 22; 2001 (page 261)
'6. Board ofAdjtismi~t'Mi!1:11t~S";:1~~st 6; 2001 (page 275) .7
M."'ExECUTIVE;sEg~IO~'(As~i~~d~dJ~ddetermined byfity Att(}':ne;Q'D~'::
213
IPUBLlC;HEARINGS[' ..,.. ... .,' ...... ......,
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Public heanngs are set by the City CouncIlI1l9rcfer,.to.m~tjtegal req41rements pe~lnll1g. .~~rs_~u.9has,Ja,ncf.use P,E;nnltap~llpati.olls,proposed
amendm.ents to City. land use regulations, zoning'chahges:1Cl~?exatiOfls.ln addltionJttjef.. '., '.' O\liicin"aysetCl PU~Iic.'h~aringihot'de..tOreceive .
."publicinput prior to making decisionswl}jcli)m'pac:f'thedti~ens.'"Certaln matters may bEl:Ccintr6versial;~a'ild'the'CltYC6uncilmay:choOSejo Seek'
public opinion through tlie public hearirlgprocess; \ "
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NOTE: HEARING.n:lJ;VI~SAVAJLABLKiFOR THOSENEEDING'AS8ISTANCE
~1\aYOR;To;nETEiiMiNEJrtME OFBRE'Ik;><. . ,;. H"""""
September 18; 200 lqg~tt'AiigeIes'GitY 'GouncilMeetiiig
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~ORTANGELES
WAS H I N G TON, U. S. A.
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CITY OF PORT ANGELES
CITY COUNCIL MEETING
September 18, 2001
1.
CALL TO ORDER - REGULAR MEETING:
!cOD n.W\..
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II. ROLL CALL:
Members Present:
Mayor Doyle
Councilman Campbell
Councilmember Erickson
Councilman Hulett
Councilmember McKeown
Councilman Wiggins
Councilman Williams
Staff Present:
Manager Quinn
Attorney Knutson
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T.Riepe
y. Ziomkowski
III. PLEDGE OF ALLEGIANCE:
At.. 81S- p' 'fYl.
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CITY OF PORT ANGELES
· pORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING: September 18, 2001
LOCATION:
City Council Chambers
LEE
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~ORWGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
September 18, 2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and UtI ities~
SUBJECT:
Award of Contract, 2001 Paving, Project 21-15
Summary: Bids for the 2001 Paving, Project 21-15, will be opened at 9 am September 18,2001
and the results along with recommendations regarding award will be provided at the Council
meeting. Normally the award would have been delayed to the next Council meeting, but the need
to proceed with paving prior to fall weather conditions required the compressed schedule.
Recommendation: Award and authorize the Mayor to sign the contract for the 2001 Paving
Project 21-15 to the lowest responsible bidder and amount noted in the bidding results
memo to be rovided on Se tember 18th.
Back~round / Analysis:
Bids will be opened and read for the 2001 Paving Project 21-15 at 9:00 am September 18,2001
at City Hall. The bids will be reviewed, corrected as needed in accordance with the
specifications, and the lowest responsible bidder, if any, will be recommended for award of the
contract. Council will be provided with a full summary of the bidding results.
The 2001 paving program is as follows:
LOCATIONS LIMITS
5th Street Cherry Street to Vine Street
Marine Drive Hill St. to Daishowa Lagoon Bridge
Ediz Hood Road Coast Guard Gate to 700' West
Race Street Lauridsen Boulevard to Park Avenue
Front Street/Georgiana Street Alley Eunice Street to Race Street
Front Street/Georgiana Street Alley Washington Street to Chamber Street
8th Street (Additive) "C" Street to "E" Street
Funding allocations for the 2001 Paving Project are included in the 2001 Capital Improvement
Projects and Public Works Street budgets. The bid advertisement was delayed until the required
WSDOT /FHW A approvals were obtained for street construction funding. .
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2001 PAVING PROJECT 21-15 BID RESULTS & AWARD RECOMMENDATION
Only one bid was received for the 2001 Paving Project 21-15. This is typical for larger paving
only projects in our area. The results ofthe September 18,2001 bid opening, shown below, have
been corrected as needed in accordance with the specifications:
Engineers Estimate
$28,000.00
$240,000.00
It is recommended that Council award and authorize the Mayor to sign the contract for the
2001 Paving Project 21-15 to Lakeside Industries of Port Angeles, Washington, the lowest
responsible bidder in the total amount of $210,875.20 which includes the base and additive
items.
N:\PROJECTS\21-15 Paving Program\CCAward.wpd
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FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
September 18, 2001
To:
MAYOR DOYLE AND CITY COUNCIL
Glenn A. Cutler, Director of Public Works and utilit~2..-
FROM:
SUBJECT:
Award of Contract, Laurel Street Slide Repair, Project 96-05
Summary: Bids for the Laurel Street Slide Repair, Project 96-05, will be opened at 9 am
September 18, 2001 and the results along with recommendations regarding award will be
provided at the Council meeting. Normally the award would have been delayed to the next
Council meeting, but the need to proceed with slide repair prior to fall weather conditions
required the compressed schedule.
Recommendation: Award and authorize the Mayor to sign the contract for the Laurel
Street Slide Repair, Project 96-05, to the lowest responsible bidder and amount noted in
the biddin results memo to be rovided on Se tember 18th .
Back~round / Analysis:
Bids will be opened and read for the Laurel Street Slide Repair, Project 96-05 at 9:00 am
September 18, 2001 at City Hall. The bids will be reviewed, corrected as needed in accordance
with the specifications, and the lowest responsible bidder, if any, will be recommended for award
of the contract. Council will be provided with a full summary the bidding results.
The original project concept included construction of a new stairway with the retaining wall to
repair the slide problem. After several design concepts which could not meet the funding
constraints is was decided to proceed with the retaining wall, make minor stair repairs, and
delay construction of the new stairway until adequate funding could be provided. By mutual
agreement the architect was released and staff completed the retaining wall design. The proposed
retaining wall design was reviewed and agreed upon by the Laurel Street Slide Repair and
Stairway design review committee.
Funding allocations for the Laurel Street Slide Repair and Stairway are included in the 2000
Capital Improvement Projects.
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LAUREL STREET SLIDE REPAIR, PROJECT 96-05
BID RESULTS & AWARD RECOMMENDATION
Three bids were received for the Laurel Street Slide Repair, Project 96-05. The results ofthe
September 18,2001 bid opening, shown below, have been corrected as needed in accordance
with the specifications:
Primo Construction, Inc.
Carls borg, W A.
Port Angeles, W A
Gig Harbor, W A
$125,951.04
$139,369.07
$149,202.39
$80,000.00
Aldergrove Construction, Inc.
Harborside, Inc.
Engineers Estimate
The bids received exceeded the engineers estimate but remained within the funds budgeted
for the project. The site is difficult for construction access and that was reflected in the bid
items. The bids received confirmed the cost of the construction and it is recommended that
Council award and authorize the Mayor to sign the contract for the Laurel Street Slide
Repair, Project 96-05 to Primo Construction of Carlsborg, Washington, the lowest
responsible bidder, in the total amount of $125,951.04.
N:\PROJECTS\96-05 Laurel Slide\CCAward.wpd
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC CEREMONIES,
PRESENTATIONS AND
PROCLAMATIONS:
Proclamation in
Recognition of 16-U Babe
Ruth Girls
Proclamation in
Recognition of United Way
WORK SESSION:
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDA:
CITY COUNCIL MEETING
Port Angeles, Washington
September 4, 2001
Mayor Doyle called the regular meeting of the Port Angeles City Council to order at
6:00 p.m.
Members Present:
Mayor Doyle, Councilmembers Campbell, Erickson,
McKeown, Wiggins, and Williams.
Members Absent:
Councilman Hulett absent.
Staff Present:
Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, T. Riepe, Y. Ziornkowski, K. Ridout,
K. Dubuc, and T. Smith.
Public Present:
F. Cummings, L. Lee, T. Price, J. Schreiber, 1. Jones, K.
Rogers, J. Bohman, and T. Bihn.
The Pledge of Allegiance to the Flag was led by the 16-U Babe Ruth girls.
1. Proclamation in Recognition of 16-U Babe Ruth Girls:
Mayor Doyle read a proclamation in honor of the 16-U Babe Ruth girls softball team
for capturing fourth place at the World Series in Abbeville, Louisiana. The Mayor
introduced the members and coaches of the team, after which Jim Cheney, Manager,
accepted the proclamation.
2.
Proclamation in Recognition of United Way:
Mayor Doyle read a proclamation recognizing the Clallam County United Way and
proclaiming the months of September and October, 2001, to be United Way of Clallam
County Recognition Months. The proclamation was accepted by Dee Christensen.
None.
Councilman Wiggins asked the Council to consider a date change for a future Council
meeting. [Clerk's Note: Later in the meeting, it was realized that a meeting date change
was not necessary.]
Jeff Bohman, 3753 Canyon Circle, was present as a member of the Board of the
Peninsula Trails Coalition, expressing appreciation to the Council and staff for the
progress being made in pursuing the easement through the Rayonier property and in
working with the Langley family on the property near Morse Creek. He indicated the
Coalition is eager to help in any way possible to accelerate the process. Mr. Bohman
advised the Council that the Coalition is looking at the possibility of moving westward
and, to that end, a workshop has been scheduled on September 29th at Hamilton School.
St-
CITY COUNCIL MEETING
September 4, 200 I
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDA:
(Cont'd)
FINANCE:
Gravel Removal at
Landfill
CONSENT AGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Reconsideration of Street
Vacation reo Future Home
Builders Project
Ordinance No. 3095
Francis CUIIlll1U}gs, 2574 E. Bay Street, expressed opposItIon of the Bay Loop
Neighborhood As~~ciation to the proposed annexation. He indicated many members
of the AssociatiOn were present this evening, and he then introduced Ms. Jessica
Schreiber. . .
Jessica Schreiber, Vice President of the Bay Loop Neighborhood Association, read into
the record a letter tq the Council expressing concern with the proposed annexation and
expressing a strong 'conviction that a decision of this magnitude must be decided in an
election of the registered voters. Ms. Schreiber cited reasons for opposing the petition
method and put the Council on notice of the group's expectation that annexation will
be put to a vote.
Kathe Smith, 607 E. 4th Street, asked when the citizens would be able to access the area
between the Morse Creek trestle and the Strait of Juan de Fuca. She indicated the City
had politely requested no access until further notice. Parks Director Connelly
responded that staff is working with the Four Seasons Ranch for installation of the
required fencing associated with the Langley property acquisition. This matter should
be fmalized in the near future, after which the signs can be removed and access granted.
Gravel Removal at LandfiJ/ - Contract with Bruch & Bruch Construction:
Mayor Doyle reviewed the information provided by Public Works & Utilities, and
Deputy Director Ridout indicated there are approximately five feet of overburden that
can be stockpiled for landfill closure. The contractor will then be able to access the soil.
After limited discussion, Councilmember McKeown moved to approve a one (1)
year contract with Bruch & Bruch Construction, Inc., to excavate soil in an
amount not to exceed $34,440 and authorize the Mayor to sign the contract. The
motion was seconded by Councilmember Erickson and carried unanimously.
Councilmember McKeown moved to accept the Consent Agenda, to include the.
City Council minutes of the August 21, 2001 meeting. The motion was seconded
by Council member Erickson and carried unanimously.
Councilmembers Wiggins, Williams, Erickson, McKeown, and Campbell had no report.
Mayor Doyle welcomed the new school teachers of the Port Angeles School District.
He also greeted the cruise ship, Oceanus, that arrived in Port Angeles earlier today. The
Mayor also attended a meeting on the proposed pool improvements.
1.
Reconsideration of Street Vacation - (8 - 10 Crossover) Compensation Related
to Future Home Builders Project:
Mayor Doyle summarized the information in the packet, noting the proposed reduction
. for the referenced street vacation is from $1.43 per square foot to $.93 per square foot,
based on a recent appraisal of the property. Mayor Doyle and Councilmembers
Wiggins and Williams offered commentaries from the Real Estate Committee on the
matter, noting that the 50% compensation factor was still in effect at the time this
particular street vacation was approved.
For the benefit of the audience, Mayor Doyle related how previous street vacations
resulted in 50% compensation to the City. More recently, a new State law enabled local
governments to gain 100% of market value for the property vacated. After discussion
on the comparables, Economic Development Director Smith informed the Council that
the property was discounted by 10% at the time of purchase, but there is no basis on the
City's part to also honor that discount. Therefore, the full appraised value was used in.
calculating the new amount for compensation. Further discussion followed, after which
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ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
Reconsideration of Street
Vacation reo Future Home
Builders Project
Ordinance No. 3095\
(Cont'd)
Treatment of Sludge from
Abandoned Neah Bay
Lagoon
Ordinance No. 3096
RESOLUTIONS:
Setting Public Hearing for
Street Vacation Petition -
Hopfner - Portion of Grace
Street
Resolution No. 18-01
Mayor Doyle
CITY COUNCIL MEETING
September 4, 2001
by title, entitled
ORDINANCE NO. 3095
AN ORDINANCE the City of Port Angeles, Washington, revising the
amount of compensation required for the vacation of a portion of the
8th/10th Crossover Drive in Lots 13-20, Block 306 of the Townsite
of Port Angeles and amending Ordinance 3073.
Councilman Wiggins moved to adopt the Ordinance as read by title. The motion
was seconded by Councilman Williams and carried 5 - 1, with Mayor Doyle voting
in opposition.
2. Treatment of Sludge from Abandoned Neah Bay Lagoon:
Mayor Doyle reviewed the memorandum from Public Works & Utilities on the matter
of accepting sludge at the Wastewater Treatment Plant from the abandoned Neah Bay
lagoon. Deputy Director Ridout explained that the material to be accepted is no
different than that of the City, and there would be minimal impact on the operations of
the plant. Mayor Doyle read the Ordinance by title, entitled
ORDINANCE NO. 3096
AN ORDINANCE of the City of Port Angeles, Washington, providing for the
discharging of waste from outside of the City limits into the City
sewer system upon approval of the City Council and amending
Ordinance 2394 as amended and Chapter 13.64 of the Port Angeles
Municipal Code.
Councilmember McKeown moved to adopt the Ordinance as read by title. The
motion was seconded by Councilman Campbell and carried unanimously.
fr'
Councilmember McKeown moved to approve the agreement with the Makah Tribe
and Indian Health Services to receive up to 200,000 gallons of lagoon sludge at
fifteen cents a gallon, and to authorize the Mayor to sign the agreement. The
motion was seconded by Councilman Campbell and carried unanimously.
Resolution setting public hearing for October 4, 2001, for Consideration of Street
Vacation Petition - STV 01-04: Hopfner - Portion of Grace Street:
Mayor Doyle summarized the information for setting a public hearing on the street
vacation petition. Planning Director Collins indicated the public hearing should be set
for October 16, as opposed to the October 2 date as set forth in the Resolution. He
indicated the Resolution would be corrected.
Mayor Doyle read the Resolution by title, entitled
RESOLUTION NO. 18-01
A RESOLUTION of the City Council of the City of Port
Angeles, Washington, setting a hearing date for a petition to
vacate a portion of Grace Street in H. Maguire's Addition.
Councilman Wiggins moved to pass the Resolution as read by title. The motion
was seconded by Councilman Campbell and carried unanimously.
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September 4, 2001
OTHER
CONSIDERA nONS:
Surplus Equipment
Set Public Hearing reo
Electric Utility Rates
PUBLIC HEARINGS -
QUASI-JUDICIAL
PUBLIC HEARINGS -
OTHER:
Street Vacation Petition -
Peninsula Bottling
Ordinance No. 3097
1.
Surplus Equipment:
Mayor Doyle provided a summary of the information submitted in the packet and, after
brief discussion, Councilman Campbell moved to declare the vehicles and
miscellaneous equipment surplus and authorize the Director of Public Works &.
Utilities to auction the items for sale by sealed or open bid. The motion was
seconded by Councilman Wiggins and carried unanimously.
2.
Set Public Hearing reo Electric Utility Rates:
The Mayor summarized the information provided by Public Works & Utilities, and
Deputy Director Ridout advised the Council that the matter of the electric rate increase
would be considered by the Utility Advisory Committee at its upcoming meeting. It is
anticipated that the hearing of September 18 would be continued to October 2, 2001,
and the rate increase would be implemented as of November 1. After limited
discussion, Councilman Williams moved to set a public hearing for September 18,
2001, to accept public comment on proposed revisions of electric rates. The motion
was seconded by Councilmember McKeown and carried unanimously.
None.
Street Vacation Petition - STV 01-03: Peninsula Bottling, 3/4 Alley in Block 72, TPA:
Mayor Doyle reviewed the information provided in the packet, and Planning Director
Collins directed attention to the conditions requiring the property owner to consolidate
the adjoining properties into one building site. In response to a question from the
Mayor, Attorney Knutson indicated that, in this instance, the conditions would be
incorporated into the deed. Mayor Doyle opened the public hearing at 7:05 p.m.
Jeff Bohman, 3753 Canyon Circle, was present as representative of a group of OffiCialS.
from the City, County, Port, Lower Elwha Tribe, Soroptirnist Club, and Rotary Club,
all of whom are presently discussing the restoration of Valley Creek for fish and
recreational opportunities. The group is considering the possibility of a link between
the Olympic Discovery Trail and the area to the south. Mr. Bohman indicated they are
looking forward to working with Peninsula Bottling in the design of facilities as relates
to the restoration of Valley Creek. In response to questions from the Council and with
the use of an overhead projector, Mr. Bohman showed a map and further explained
what the group envisions for the future of Valley Creek, speaking in support of the
requested street vacation.
There being no further public testimony, Mayor Doyle closed the public hearing at 7: 14
p.m. Mayor Doyle read the Ordinance by title, entitled
ORDINANCE NO. 3097
AN ORDINANCE of the City of Port Angeles, Washington, vacating a
portion of the 3/4 alley in Block 72 of the Townsite of Port Angeles.
Councilman Williams moved to adopt the Ordinance as read by title, subject to
Conditions 1 - 3 and citing Findings 1 - 14 and Conclusions A - E, as set forth in
Exhibit "An which is attached to and becomes a part ofthese minutes. The motion
was seconded by Councilman Wiggins. Councilman Campbell reported that he and
Councilman Williams attended the meeting on Valley Creek, and he felt the group's
vision could be considered a first in salmon recovery and area enhancement. The group.
plans to work collaboratively with the businesses and landowners in the area, which is
commendable. A vote was taken on the motion, which carried unanimously.
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INFORMATION:
Break
ADJOURN TO
EXECUTIVE SESSION:
RETURN TO
OPEN SESSION:
ADJOURNMENT:
CiTY CUUNCiL MEETiNG
September 4,2001
City Manager's
Goals / Project Status Report:
Manager Quinn announced the September 11, 2001, recognition of KONP' s Scooter
Chapman. . Also, he remiI1~~q~~pe Council of the September 14 meeting with the
Victoria City Council. There is a September 20 forum on annexation at Roosevelt
Middle School, the fIrst of fIve to be conducted. The pro-annexation group has
scheduled an informal meeting at the Public Utility District offIces on September 17,
6:30 p.m.
A question was raised on the status of the Ennis Creek slide repair, and Deputy Director
Ridout indicated the project is currently on schedule and is out for bid at this time.
Discussion was held concerning AFSCME 1619's request that the City take a position
opposing the passage of Initiative 747. Attorney Knutson explained the process by
which the Council could conduct a public meeting in order to receive input on both
sides of the issue. Councilman Wiggins expressed interest in having a preliminary
discussion at the next Council meeting, and Finance Director Ziomkowski was asked
to provide further information as relates to impacts on the City should the Initiative be
passed.
On another matter, Councilman Williams informed the Council and staff that Clallam
Transit Director Dan DiGuilio had expressed appreciation for the prompt placement of
a marked crosswalk at the Senior Center.
Mayor Doyle recessed the meeting for a break at 7:35 p.m. The meeting reconvened
at 7:50 p.m.
The meeting adjourned to Executive Session at 7:50 p.m. to discuss litigation for less
than 15 minutes.
The meeting returned to Opell Session at 8:01 p.m.
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The meeting was adjourned at 8:01 p.m.
Larry Doyle, Mayor
Becky 1. Upton, City Clerk
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Fund
401 08-20-01
08-31-01
09-04-01
09-06-01
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Finance Department
Wires - August 11 - September 7, 2001
Avista Wire for July Power Purchase
108,772.80
Bank of New York 1995 Electric Revenue Bond 324,972.50
WPPSS Wire for July Transmission 97,694.00
WPPSS Wire for July Power Purchase 607.558.00
1,138,997.30
1 1
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
~nd Opt Check
Number
Vendor
Name
001
64997 AM Conservation Group Inc
65023 Best Access Systems
65068 Hester, Gailin
65074 Insight Direct Inc.
65077 Johnson Marketing Group
65107 Natural Structures
65227 Clallam Co Treasurer
65229 Cooke Co, J P
65273 R & R Technologies Inc
65275 Recreonics Incorporated
65289 YA State Patrol - YASIS
65291 Yashington State Treasurer
.
65317 Clallam Co Treasurer
65326 Farris, Karen
65329 Gall's Inc.
65367 Source Master Inc
65382 Yashington State Treasurer
65396 Adirondack Direct
65419 D.A.R.E. America Merchandise
65447 Jerry's Sport Center Inc
65479 Quill Corporation
65490 Tomahawk Live Trap Company
65491 Toshiba America IS Inc
65499 YA State Patrol - YASIS
65503 Yashington (DOL), State of
0001
64995 Peninsula Daily News
64999 AVAYA INC
65002 Albertson's Inc.
65120 Olympic Printers Inc.
65122 Olympic Stationers Inc.
65126 Pacific Office Equipment Inc.
.
65127 Pacific Office Furniture
65132 Paymentech
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Nl.II1ber
01498
02606
08162
09085
10185
14145
03075
03511
18435
18061
23281
23120
03075
06298
07027
19813
23120
01230
04036
10228
17000
20100
20263
23281
04137
16012
12215
01204
15027
15030
16004
16518
16421
Description
Switch and outlet gaskets
Lockset less core
Reimburse cellular phone depos
Computer CD drive
FIN-Power Server 6000,memory
Bench frames
CVCA remittance-June
Dog and cat tags,o-rings
Internal cable
Floor anchors,pipe covers
Criminal history-C Brown
District Court Revenue-June
District Court Revenue-June
CVCA remittance for July
Refund key deposit
Training gun
Legal fire file,transformer
Remit July Dist Ct revenue
Display rack
Yorkbooks
AlIJl1unition
Adhesive,3-hole punch,pads
Rectractable pen
Office.Supplies
Animal traps
Notebook computer-3yr warranty
Criminal History-Dotson,Philip
Criminal history-Snyders,Debra
Criminal history-Ellis,Michael
Concealed licenses August 2001
September 12 2001
GL Code
Number
1 2370000
1 2370000
1 2391000
1 2370000
1 2370000
1 2370000
1 2294000
1 2370000
1 2370000
1 2372000
1 2295000
1 2293000
1 2291000
1 2294000
1 2391000
1 2370000
1 2370000
1 2293000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2370000
1 2295000
1 2295000
1 2295000
1 2296000
Total for Department
Annual subscription-40010112 111 4910
08-02 Avaya billing 111 4210
08-02 Avaya billing 113 4210
08-02 Avaya billing 124 4210
Council refreshments 112 3101
Business cards-Edgington,Dolan 113 3101
Paper,envelopes,pens,post-its 111 3101
Name plate 113 3101
Covers 111 3101
File folders 113 3101
Rolodex 113 3101
Paper, labels 111 3101
Printer,CD organizer 111 3160 .
Toner cartridge 111 3101
NUP08604 lease agre-Aug 111 4810
Lateral file,desk,furniture 113 3101
Chair 113 3101
Tl~l expenses 112 4310
Page
Amount
2.96-
5.67-
100.00
9.52-
622.92-
2.91-
259.95
18.49-
8.61-
16.30-
24.00
11,432.99
593.25
365.37
50.00
11. 73-
225.83-
15,658.22
15.22-
13.45-
21. 21-
7.93-
1.30-
102.93-
42.58-
140.14-
24.00
24.00
24.00
436.00
27,722.08
117.00
31.26
31.26
15.63
21.41
32.89
123.20
12.77
54.86
26.14
6.47
23.84
962.98
124.44
32.46
432.80
43.28
384.78
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Oate From 08/11/2001 To 09/07/2001
Fnd Dpt Check
Nl.IIIber
Vendor
Name
Vendor
Number
65135 Peninsula Daily News 16012
65253 National Safety Council 14095
65262 Peninsula Daily News 16012
65272 Qwest 21001
65285 United Parcel Service 21005
65300 AYC Assn of Yashington Cities 01080
65353 Peninsula Int'l Relations Assn 16460
65376 Verizon Yireless, Bellevue 01105
653n YAPELRA 23045
65381 Yashington (DIS), State of 23111
65393 AT&T Business Service 01085
65394 AYC Assn of Yashington Cities 01080
65415 Captain T's 03048
65433 Costco Credit Card Pmts 03261
65483 SHRM-Society for Human 19815
65498 Viking Office Products 22054
Description
GL Code
Number
Emminent Domain Seminar 113 4310
Business meals 111 4310
Resolution 12-01-Capital proj. 124 4410
Membership renewal pe 11-01-02 113 4901
Advertisement-Deputy City Cler 124 4410
08-14 Qwest billing 111 4210
08-14 Qwest billing 113 4210
.08-14 Qwest bi II ing 124 4210
July UPS Shipping chgs 113 4210
Roundtables registration-Quinn 111 4310
Third qtr contract pmt 114 4972
08-15 Verizon billing 111 4210
08-15 Verizon billing 112 4210
Fall Conference-Coons 113 4310
July Telecommunicatins svc 111 4210
July Telecommunicatins svc 113 4210
July Telecommunicatins svc 124 4210
8-13 AT&T Billing 111 4210
Regional Roundtables-Yiggins 112 4310
Regional Roundtables-Campbell 112 4310
Denim shirt and City logos 113 3101
Audio tapes 124 3101
Membership fees 113 4901
Pens,binder,planner,calendars 113 3101
Total for Administration
0002 64998 AT&T Yireless Services 01404 08-02 AT&T a/c 45946522
64999 AVAYA INC 12215 08-02 Avaya billing
08-02 Avaya billing
08-02 Avaya billing
65019 Asset Valuation Services Inc. 01264 Training,consulting-Pen Comp
650n Johnson Marketing Group 10185 FIN-Power Server 6000,memory
65085 Les Schwab Tire Center (City) 19459 Racer tubes
Tubeless stud
65100 Microflex Inc. 13203 Tax Audit service for July
65116 Olympic Delivery Service Inc. 15020 Delivery service for July
65119 Olympic Paper Company 15111 Greenbar
65120 Olympic Printers Inc.
15027
65122 Olympic Stationers Inc.
15030
65123 Olympic Vineyard Christian
65132 Paymentech
15150
16421
240 4210
201 4210
230 4210
240 4210
230 4150
230 6410
205 3101
205 3101
230 4150
205 4150
240 3101
Paper 205 3101
Greenbar 240 3101
Business cards-Ziomkowski,Host 240 3101
Business cards-Ziomkowski,Host 201 3101
Business cards-Edgington,Dolan 240 3101
Laser invoice/statement 230 3101
Dry eraser,pencils,markers . 201 3101
3 Hole paper 205 3101
Paper 240 3101
Paper 230 3101
Paper 205 3101
Reservation cancellation 200 36240020
B~ 201 3101
Page 2
.t
257.50
52.07
10.66
290.00
122.67
93.70
93.70
46.85
26.18
30.00
500.00
16.59
16.59
145.00
190.76
15.75
7.92
66.87
30.00
30.00
61.02
.
19.11
4,n8.78
32.92
31.26
39.08
93.78
1,566.84
8,219.42
7.36
8.80
75.51
98.70
201.90
267.25
403.80
41.38
41.39
48.75
234.96
14.21
454.18
,I
45.00
80.00
01/09/12-08:46
City of Port Angeles
September 12 2001
CHECK REGISTER
Da~e From 08/11/2001 To 09/07/2001
~ Dpt Check
Number
Vendor
Name
Vendor
Number
65148 Puget Safety Equipment Inc 16248
65152 Radix Corporation 18004
65157 Rohlinger Enterprises Inc. 18087
65216 API Fund for P/R Education Inc 16098
65222 Brooks, Gary 02277
65263 Pitney Bowes Inc. 16018
65266 Postmaster 16028
65272 Qwest 21001
65278 Washington (Auditor), State of 19270
65285 United Parcel Service 21005
65290 WMTA (WA Municipal Treasurer) 23243
65293 Xerox Corporation 24001
65354 Pitney Bowes Inc. 16018
65355 Port Angeles City Treasurer 03062
. 65360 Ricoh Business Systems 18398
65361 Ricoh Business Systems Inc 18425
65381 Washington (DIS), State of 23111
65389 Xerox Corporation 24001
65399 Apex Credit Bureau 01433
65412 CDW Government Inc. 03336
65440 IBM Corporation 09020
65481 Reserve Account 21062
0003 64999 AVAYA INC 12215
65095 Matthew Bender & Co. Inc. 13106
65122 Olympic Stationers Inc. 15030
65124 Ortloff Atty. at Law, Kimberly 15146
65126 Pacific Office Equipment Inc. 16004
65262 Peninsula Daily News 16012
65272 Qwest 21001
. 65281 Thurston County District Court 20321
65292 West Group 23018
.f"
65379 WSAMA-WA Assn of Muncpl Attnys 23052
Description
GL Code
Number
Workshop registration 230 4310
Budget Seminar registration 201 4310
Visor,bracket 240 3101
Monthly maintenance-September 240 4810
Gloves, lineman gloves,protecto 240 3101
Electrical worker gloves 240 3101
Registration-Lynne Bryant 230 4310
Reimburse purchase of monitor 240 3101
Mailing scale software 205 4530
Replenish 'Postage Due' 205 4210
08-14 Qwest billing 201 4210
08-14 Qwest billing 230 4210
08-14 Qwest billing 240 4210
Auditing svc for July 230 4150
July UPS Shipping chgs 230 4210
Investment Policy Certificatio 230 4150
Meter usage pe 7-1-5800 Dup 205 4530
July lease agre-5800 Duplicato 205 4530
Meter usage-5800 Duplicator 205 4530
Mailing scale software 205 4530
Lunch for acctng interviews 201 4310
Office supp~ies-Hostetler 240 3101
Dog Bones for Meterreaders 240 3101
Disputed chgs-900-0005345-000 205 4530
CPC-Service/Supply pe 8-27 205 4530
Color copies 205 4530
Black and white copies 205 4530
July Telecommunicatins svc 201 4210
July Telecommunicatins svc 230 4210
July Telecommunicatins svc 240 4210
July lease-DC230SLX 205 4530
Credit report 240 4150
HP Inkjet color printer 201 3160
Support svcs 201 4150
Reimburse Postage #2228594 205 4210
Total for Finance
08-02 Avaya billing 311 4210
Appellate reports 7-1-01 311 3101
Paper 311 3101
Legal Svcs for July 2001 312 4150
Legal tray,paper clip holder 312 3101
Advertisement-Contract Atty 312 3101
Advertsmnt-Legal Records Spec 312 3101
08-14 Qwest billing 311 4210
Certified Copy 312 5090
Evidence Law and Practice 311 3101
Creditors' Remedies,Debtors'Re 311 3101
Registration-D Dickson 312 4310
Rl~tration-c Knutson 311 4310
Page 3
Amount
342.00
825.00
46.10
176.37
22.07
250.00
324.00
17.82
223.05
200.00
93.63
117.13
281.10
2,346.30
25.26
60.00
228.33
2,056.02
821.22
223 . 05
26.55
43.22
8.65
91.01
17.87
542.08
2.79
46.81
26.08
7.27
378.23
27.05
302.57
270.00
2,500.00
25,278.08
54.71
47.88
37.87
1,230.00
28.77
153.57
105. 13
163.98
5.75
45.44
74.66
130.00
130.00
01/09/12-08:46 City of Port Angeles - LIVE MACHINE September 12 2001 Page 4
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001 .t
Fnd Dpt Check Vendor Vendor Description GL Code
Nunber Name NLIllber Number
65381 Washington (DIS), State of 23111 July Telecommunicatins svc 311 4210 9.22
65389 Xerox Corporation 24001 July lease-DC220SLX 312 4530 239.03
July lease-DC220SLX 311 4530 102.44
65417 Clallam Jefferson Public Dfndr 03274 Public Defender fees-September 312 4150 2,500.00
Total for Attorney 5,058.45
0004 64998 AT&T Wireless Services 01404 8-2 AT&T billing alc 44324994 420 4210 22.00
64999 AVAYA INC 12215 08-02 Avaya billing 411 4210 31.26
65076 Jobs Available Inc 10022 Advertisement-Assoc Planner 411 4410 132.48
65080 Kelly's Garden Deli 11247 Lunch-Code Advisory board 411 3101 43.50
65120 Olympic Printers Inc. 15027 Business cards-B Collins 411 3101 51.50
65122 Olympic Stationers Inc. 15030 Binder covers 411 3101 16.23
65126 Pacific Office Equipment Inc. 16004 Annexation covers 411 3101 26.08
65131 Parker Paint Mfg Co. Inc. 16201 Dust mask 420 3501 4.74
65135 Peninsula Daily News 16012 Short Plat-Lund 411 4410 45.10
Notice-J Haley 411 4410 68.88
Determination-Rayonier 411 4410 60.68
Determination-Dr. Dana Shaltry 411 4410 49.20
Notice-Galgano 411 4410 68.88
Determination-Betsy Schultz 411 4410 50.02
Determination-J Raymond 411 4410 .
Notice-Church of Nazarene 411 4410
Notice-Guy Lund rezone 411 4410 34.44
Vacate right of way-Szatlocky 411 4410 33.62
Rezone RHD to CO 411 4410 21.32
Ord #3091-Rezone RHD to CO 411 4410 15.58
65180 Swain's General Store Inc. 19037 Film 420 3101 32.43
65187 WCPDA (WA City Planning 23188 Conference Registr-B Collins 411 4310 125.00
65245 Kelly's Garden Deli 11247 Code Advisory Board lunch 411 3101 54.80
65272 Qwest 21001 08-14 Qwest billing 411 4210 93.70
65285 United Parcel Service 21005 July UPS Shipping chgs 420 4150 5.85
65355 Port Angeles City Treasurer 03062 Sheet protectors-Haehnlen 420 3101 9.60
65376 Verizon Wireless, Bellevue 01105 08-15 Verizon billing 420 4210 14.93
65381 Washington (DIS), State of 23111 July Telecommunicatins svc 411 4210 13.23
65474 Peninsula Daily News 16012 'Associate Planner' job ad 411 4410 135.03
Total for Planning 1,329.78
0005 64999 AVAYA INC 12215 08-02 Avaya billing 511 4210 54.71
08-02 Avaya billing 534 4210 39.08
08-02 Avaya billing 530 4210 7.82
65025 Blake Sand & Gravel Inc. 02045 Powderhorn chips 584 3120 52.91
Powder horn chips 530 4150 45.12
Landscape fabric 584 3120 51.83
Powder horn chips 584 3120 47.50
Powder horn chips 584 3120 1.
65027 Brodsky's Uniforms 02219 Holster,glove case 530 2080
65032 Camera Corner 03044 Photos 530 4990
Photos,batteries,lens cap 530 4990 21. 75
~~s,batteries,lens cap 530 3501 39.60
i;:tf!-)w.t~t{::;:~'~'t"q~:~,,:(,,:::,!~~?~>;.,<: "
,.i':~h?;~;;tf!:"
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
.
Fnd Dpt Check
Number
CHECK REGISTER
Date From 08/11/2001 ToO~/07/2001
Description
GL Code
Number
Vendor
Name
Vendor
Number
Photos 530 4990
Photos 530 4990
Prints 530 4990
65037 Clallam Co Dept of Health and 03065 Medical care for City inmates 512 5099
65059 Gateway Companies Inc 07195 Computer 530 3160
65063 Hansen's Trophy 08047 Franklin School Patrol Awards 530 4150
65066 Hartnagel Building Supply Inc. 08052 Bike hook,lumber,hardware 530 3101
Stakes,nails,lumber 584 3120
Ll.JI1ber 584 3120
65074 Insight Direct Inc. 09085 Computer CD drive 530 3180
65098 Metrocall 20000 7-28 Metrocall billing 530 4210
65102 Middleton Auto and Truck Inc. 13117 Car wash 530 3101
65122 Olympic Stationers Inc. 15030 Paper 511 3101
Paper 534 3101
65126 Pacific Office Equipment Inc. 16004 Service typewriter 511 4810
Color cartridge 530 3101
CXL90926 lease agre-Aug 511 4810
NBZ08561 lease agre-Aug 534 4810
NGM21820 lease agre-Aug 534 4810
65146 Pryor Seminars, Fred 16117 Registration-V Morgan 534 4310
65155 Richmond 2-Way Radio 18009 Install diode in relay 530 3114
. Service speaker 530 3114
Service radio and circuit boar 530 3114
Service Opticom system 530 3114
Labor on light bar 530 4810
Midland microphone 530 3114
Opticom,installation 530 3101
Opticon,install strobecom 530 3180
65160 Ruddell International 18032 Tasers,holsters 530 3180
65169 Shanks, Theodore E 19807 Air time-Prisoner transport 530 4150
65170 Silva, Mike 19316 Reimburse uniform allowance 530 2080
65180 Swain's General Store Inc. 19037 Cleaning supplies for vehicle 530 3101
Gun cleaning supplies 530 3101
Gloves 530 3101
Keyblank 530 3101
Paint 530 4980
Camera battery 530 3101
65191 Washington Fire & Safety Equip 23004 Service extinguisher,powder 530 3101
Service extinguisher 530 3101
65225 City of Forks 06075 Jul y board bi II 512 5099
65226 Clallam Co Humane Society 03072 August contract pmt 530 4150
65229 Cooke Co, J P 03511 Dog and cat tags, o-rings 530 3101
65242 I.A.L.E.F.1. 09058 Membership-Peninger 530 4901
65269 ProRider Inc 16463 Bike Helmets 530 4430
65272 Qwest 21001 08-14 Qwest billing 511 4210
08-14 Qwest billing 534 4210
. 08-14 Qwest billing 530 4210
65274 RadioShack Accounts Receivable 18003 Battery charger 530 3501
Battery charger 530 3501
Micro-46 recorder,batteries 530 3501
65285 United Parcel Service 21005 Jll7 UPS Shipping chgs 534 4210
Page 5
Amount
9.06
5.36
18.97
4,895.04
1,209.70
67.08
89.61
48.21
12.90
125.52
61.57
41.88
37.87
75.74
73.04
29.22
32.46
54.10
167.82
149.00
10.82
84.40
97.38
48.28
21.64
37.87
421.98
757.40
1 ,639.11
405.00
346.50
45.07
9.68
7.08
1.73
64.50
7.00
25.97
16.23
2,023.51
3,528.52
243.89
50.00
498.09
163.98 .
117.13
32.09
60.57
37.86-
79.45
60.74
01/09112-08:46 City of Port Angeles - LIVE MACHINE September 12 2001 Page 6
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001 .t
Fnd Dpt Check Vendor Vendor Description GL Code
Number Name Number Nl.IIlber
July UPS Shipping chgs 530 4210 4.02
65311 Blakefield, Jason or Marilyn 02395 Sew patches 530 2080 28.50
65314 Brodsky's Uniforms 02219 Holster,tie,duty belt, jacket 530 2080 594.15
Uniform emblems 530 2080 74.87
Credit tie 530 2080 8.63-
65316 Chinook Pharmacy 03513 Medical supplies for inmates 512 5099 32.42
65329 Gall's Inc. 07027 Training gun 530 3180 154.69
65333 Hansen's Trophy 08047 School patrol awards for 2001 530 4150 67.08
65357 Qwest 21001 08-20 Qwest billing 534 4210 261.45
65376 Verizon Wireless, Bellevue 01105 08-15 Verizon billing 530 4210 398.68
65381 Washington (OIS), State of 23111 July Telecommunicatins svc 511 4210 18.17
July Telecommunicatins svc 530 4210 48.65
July Telecommunicatins svc 534 4210 12.49
65406 Blumenthal Uniforms & Equipmt 02047 Badge 530 3111 257.16
Gloves,name tag 530 2080 47.27
Uniform-shirt,emblem,zipper 530 2080 71. 06
Sew emblem,shirt,sew zipper 530 2080 71.06
Shipping for purchase 530 3101 6.45
Uniform pants 530 2080 62.43
Pants-Knight 530 2080 62.43
Key holder 530 2080 23.33
Shirt,sew emblems-Kuch 530 2080 .
65415 Captain T's 03048 Shirt,sweater,jacket 530 2080
65447 Jerry's Sport Center Inc 10228 Anmunition 530 3101 279.84
65479 Quill Corporation 17000 Adhesive,3-hole punch, pads 530 3101 26.43
Adhesive,3-hole punch,pads 511 3101 35.76
Adhesive,3-hole punch,pads 534 3101 42.43
Rectractable pen 530 3101 17.14
Envelopes,cartridges,cookies 511 3101 240.30
Toner cartridges 530 3101 367.80
Toner cartridges 534 3101 176.72
65480 Qwest 21001 08-23 Qwest billing 530 4210 60.50
65490 Tomahawk Live Trap Company 20100 Animal traps 530 3501 561.82
65491 Toshiba America IS Inc 20263 Notebook computer-3yr warranty 530 3160 1,849.14
65505 Western Assoc Certified Voice 23597 MembershipCVSA,IACVSA-Winfield 530 4901 75 .00
Total for Police 25,140.63
0006 64998 AT&T Wireless Services 01404 08-02 AT&T a/c 46898102 611 4210 37.81
08-02 AT&T a/c 47951801 643 4210 6.93
08-02 AT&T a/c 43736255 644 4210 8.66
06-02,7-02 AT&T a/c 45598455 642 4210 86.88
08-02 AT&T a/c 45598455 642 4210 16.16
08-02 AT&T a/c 47190061 645 4210 8.99
64999 AVAYA INC 12215 08-02 Avaya billing 611 4210 39.08 -
08-02 Avaya billing 642 4210 7.82
08-02 Avaya billing 643 4210 .
08-02 Avaya billing 641 4210
65000 Ace Equipment Company 01055 Sharpening services 641 3101 4.06
65032 Camera Corner 03044 Photos 642 3101 8.74
65058 Franklin Covey Co 06296 013nal refi ll,binder 642 3101 38.04
01/09/12-08:46
City of Port Angeles" ,LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
.nd Cpt Check Vendor Vendor
Number Name Number
65060 Grainger Inc. 07015
65087 Life Assist 12202
65088 Lighthouse Uniform 12046
65098 Met roca II 20000
65117 Olympic Laundry & Clnrs Inc. 15026
65120 Olympic Printers Inc. 15027
65122 Olympic Stationers Inc. 15030
65132 Paymentech 16421
65145 Port Angeles Power Equipment 16122
65155 Richmond 2-Way Radio 18009
65177 Sunset Do-It Best Hardware 19035
65180 Swain's General Store Inc. 19037
65191 Washington Fire & Safety Equip 23004
65218 All Weather HeatingCooling Inc 01060
65240 Gunn, Robert J. 07134
65258 Olympic Medical Center 15028
65272 Qwest 21001
.
65285 United Parcel Service 21005
65378 WSAFC 23304
65381 Washington (DIS), State of 23111
65389 Xerox Corporation 24001
65406 Blumenthal Uniforms & Equipmt 02047
65416 Clallam Co EMS/ 03068
65433 Costco Credit Card Pmts 03261
65454 Larry's Janitor Service 12040
65477 Port Angeles Fire Department 16025
65497 Verizon Wireless, Bellevue 01105
. 0007
64999 AVAYA INC
12215
65033 Captain Tis
03048
Description
GL Code
Number
Air filter 684 3120
Gloves,cold packs 643 3101
Gloves,cold packs 643 3199
Shirt,EMT patch 641 3111
7-28 Metrocall billing 644 4210
July cleaning service 641 3101
Business cards-K Bogues 645 3101
Envelopes,pens,pens 611 3101
Candy-July 4 Parade 611 3101
Special light bulbs 684 3120
Sharpening services,chains 641 3101
Repair spectra mobile 641 3114
Oxygen 643 3101
Oxygen 643 3101
Filter,circular saw 641 3101
Broadcast spreader,weed and fe 684 3101
Fire extinguisher training 642 4150
Labor-defective heating system 684 4810
Tuition reimbursement 641 4310
Medical supplies PA Fire Dept 643 3199
08-14 Qwest billing 611 4210
08-14 Qwest billing 642 4210
08-14 Qwest billing 643 4210
08-14 Qwest billing 641 4210
July UPS Shipping chgs 611 4210
Registration-C Wheeler 611 4310
July Telecommunicatins svc 611 4210
July Telecommunicatins svc 641 4210
July Telecommunicatins svc 643 4210
Cartridge refill 611 3101
Uniform-shorts 611 2080
Sew emblem, pants, belt 611 2080
Shirts,sew emblem 611 2080
Medic 1 Advisory for Sept 643 4150
Office,cleaning supplies 611 3101
Office,cleaning supplies 641 3101
Office,cleaning supplies 642 3101
Office,cleaning supplies 6843101
Janitorial svc-August 684 4150
Ice,band aids 643 3101
Videos,office supplies,plug 611 3101
08-15 Verizon billing 643 4210
08-15 Verizon billing 641 4210
08-15 Verizon billing 641 4210
Total for Fire
08-02 Avaya billing
08-02 Avaya billing
08-02 Avaya billing
pl~ authority shirt
711 4210
711 4210
711 4210
711 3101
Page 7
Amount
130.23
39.16
235.02
57.61
14.66
17.15
51.50
19.64
59.42
337.66
47.07
324.60
50.10
17.20
2.80
49.43
173.12
82.23
184.32
47.10
117 .13
23.43
23.43
70.28
8.46
35.00
12.33
.72
4.47
81.16
31. 54
47.74
71.08
500.00
139.88
98.81
25.95
155.94
395.00
10.33
37.68
9.76
1.19
10.01
4,145.78
15.63
15.63
179.64
49.56
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Fnd Opt Check
Number
Vendor
Name
Vendor
Number
65041 Complete Line, The 03087
65048 EES Consulting Inc. 05140
65072 IKON Business Information Svcs 09121
65093 Harsh Mundorf Pratt & Sullivan 13287
65120 Olympic Printers Inc. 15027
65122 Olympic Stationers Inc. 15030
65126 Pacific Office Equipment Inc. 16004
65150 Qwest 21001
65177 Sunset Oo-It Best Hardware 19035
65180 Swain's General Store Inc. 19037
65185 Utilities Underground Loc Ctr 21010
65222 Brooks, Gary 02277
65254 Nichols Consulting Engineers 14506
65272 Qwest 21001
65273 R & R Technologies Inc 18435
65277 Seattle Daily Journal of Comm. 19058
65280 Swain's General Store Inc. 19037
65285 United Parcel Service 21005
65321 Day-Timers Inc:. 04040
65355 Port Angeles City Treasurer 03062
65376 Verizon Wireless, Bellevue 01105
65381 Washington (DIS), State of
65389 Xerox Corporation
65415 Captain T's
65418 Complete Line, The
65491 Toshiba Americ:a IS Inc
65497 Verizon Wireless, Bellevue
65498 Viking Office Products
23111
24001
03048
03087
20263
01105
22054
0008
64998 AT&T Wireless Services
01404
64999 AVAYA INC
12215
Description
GL Code
NLJT1ber
Calendars 711 3101
Prof Svcs for June-WPAG Sc:ope 711 4901
Print cartridges for microfilm 711 3101
Transmission Rate Case pe 7-17 711 4901
Slice Group pe 06-19 711 4901
WPAG 2001 pe 07-31 711 4901
Business cards-Public: Works 711 3101
Business cards-G Cutler 711 3101
Pens, dictionary 711 3101
Amp 711 3101
Audio cassette 711 3101
Toner,core fee deposit 711 3101
08-05 Qwest billing 711 4210
Flat washers 711 3101
Utility knife blade 711 3101
Clothesline 711 3101
July locates 711 4150
Reimburse purchase of monitor 711 3160
Reimburse Cutler zip drive 711 3160
Software, DB conversion 711 3101
08-14 Qwest billing 711 4210
Internal cable 711 3101
Advertisement-Surplus equipmen 711 4410
Velcro, seam tape 711 3101
July UPS Shipping c:hgs 711 4210
Desk pad refill,pocket refill 711 3101
Desk pad refill,poc:ket refill 711 3101
Day-planner 711 3101
Filing fees-Funston 711 4990
08-15 Verizon billing 711 4210
08-15 Verizon billing 711 4210
08-15 Verizon billing 711 4210
08-15 Verizon billing 711 4210
July Telec:ommunic:atins svc: 711 4210
July lease-DC265 copier 711 4530
Shirts,custom embroidery 711 3101
Plotter paper,c:artridges 711 3101
3 Yr extended warranty 711 3160
08-15 Verizon billing -711 4210
Pens,binder,planner,calendars 711 3101
Total for Public Works
8-2 AT&T billing a/c: 44889988
08-02 AT&T alc 44704773
08-02 AT&T a/c: 46008926
08-02 Avaya billing
08-02 Avaya billing
08-02 Avaya billing
08-02 Avaya billing
~~ Avaya billing
861 4210
865 4210
865 4210
811 4210
866 4210
865 4210 _
861 4210
862 4210
Page 8
.t
80.54
705 . 24
170.26
405.00
270.00
421.90
163.27
27.21
17.62
29.80
49.77
119.56
42.16
6.49
2.75
9.32
30.80
248.85
86.79
7,682.20
655.91
.
2.78
20.36
44.89
42.83
64.90
20.00
182.63
9.76
9.76
9.76
150.45
902.21
81.69
594.47
299 . 00
25.86
123.59
14,438.55
70.44
17.41
8.43
,
15.63
7.82
i~~"1'IjI\~~;1'(lr;!,: .
,.~
'!Ar~th~!*t
01/09/12-08:46
City of Port AngeLes - LIVE MACHINE
September 12 2001
.d Opt Check
Number
Vendor
Name
65000 Ace Equipment Company
65012 AngeLes Concrete Products
65015 AngeLes Machine Works Inc.
65017 AngeLes MiLLwork
.
65023 Best Access Systems
65025 BLake Sand & GraveL Inc.
.
65032 Camera Corner
65036 Chemsearch
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Number
01055
01070
01072
01073
02606
02045
.t'
03044
14004
Description
GL Code
Number
08-02 Avaya biLLing 8634210
BLade adapter 865 3120
Ring set 865 3120
Concrete,deLivery service 865 3120
Concrete,deLivery service 865 3120
Concrete,deLivery service 865 3120
ALuminum, cutting svcs 862 4810
Socket for shower fitting 862 4810
PooL-spectator barrier 865 3120
Insert bit, Lumber,pLywood,scre 811 3101
Credit Lumber 811 3101
Reinforcing angLes 811 3101
Screws 811 3101
BristLe brush 865 3120
PK-LincoLn fence, Concrete mix 865 6510
PK-LincoLn fence,Concrete mix 865 6510
Contractor tape 865 3501
Apron 865 3120
Insert bit,screws 865 3120
Screws 865 3120
CabLe ties 865 3120
100' Tape reeL 865 3120
Urethane,sandpaper,roLLer cove 830 3120
Cedar,urethane,paint tray,roLL 862 3120
Hex nuts,~asher,screws 862 3120
PK-LincoLn fence, hex caps 865 6510
Urethane 862 3120
PLywood 865 3120
Hardware 865 3120
BuLb, Lamp 865 3120
Eye handLe 865 3120
Duct tape 865 3120
Hub cap, pipe test cap 865 3120
GLoves 865 3140
Storage.reeL 8653120
GLoves 865 3120
Lumber, teLephone 865 3120
Concrete mix 865 3120
SuppLies for faucet repair 865 3140
Sand screen 863 3120
Markers,duct tape 865 3120
Lockset Less core 830 3120
PK-LincoLn fence,SoiL 865 6510
Sand 865 3140
Sand 865 3140
PK-LincoLn fence, Concrete mix 865 6510
Wood stakes,rebar,expansion jo 865 3120
Rebar,brackets,fLoat weights 865 3120
Sand 865 3140
FiLm 861 3101
~tlraLizer.degreaser 865 3120
Page 9
Amount
23.45
21.37
8.61
248.86
424.96
655.56
34.41
14.12
456.69
269.45
67.34-
6.88
44.08
2.86
7.08
7.08
17.30
2.15
11.60
10.58
5.32
15.41
64.03
204.83
8.65
1.47
12.84
18.94
2.21
9.88
8.73
17.85
18.18
6.68
15.41
7.69
48.69
4.72
1.71
10.n
3.87
74.76
19.04
29.00
29.00
22.01
n.53
158.88
21. 75
31.86
510.81
01/09/12-08:46 City of Port Angeles - LIVE MACHINE September 12 2001 Page 10
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001 .t
Fnd Opt Check Vendor Vendor Description GL Code
NlIIIber Name NlIlIber Nunber
65045 Dobson's 04054 V-belt 865 3120 9.01
65051 Eclipse C Corp. 19019 Baseball infield mix 865 3140 302.96
Baseball infield mix 865 3140 454.44
Concrete rubble 865 3120 54.10
Concrete rubble, infield mix 865 3140 270.50
Concrete rubble 865 3120 59.51
65053 Federal Express Corp. 06022 07-27 Fedex Shipping chgs 866 3401 5.25
65066 Hartnagel Building Supply Inc. 08052 Acoustic tile 830 6310 287.70-
Visqueen 862 3120 17.52
Thinner, thorocrete,hammeri te 862 3120 110.95
Lumber 862 3120 27.95
Hardware cloth,hemlock 830 3120 24.19
LlIIIber 865 3140 12.62
Sawsall blade 862 3120 14.60
Dugout signs 865 3120 41.66
Cap 865 3120 19.43
65081 Kiwanis Club of Port Angeles 11000 Reservation cancellation 865 34730018 185.00
65089 Lincoln Industrial Corp. 12047 Sheet metal 865 3120 65.68
Sheet metal 865 3120 72.22
Gloves,sheet metal, cuts 865 3120 121.95
65117 Olympic Laundry & Clnrs Inc. 15026 July cleaning service 830 3120 12.28
65119 Olympic Paper Company 15111 Tank sprayer 862 3120 1,.
Gym finish,sand screens, wood f 863 3120
Finish for gym floor 863 3120 85.07
Yater cups 830 3120 139.20
Concrete sealer,wet mop 865 3120 153.17
Liqid bleach,wet mop, brush str 830 3120 112.65
Cleaning supplies 830 3120 22.87
Liquid chlorine 862 3120 18.39
Liquid chlorine,cleaner 862 3120 172.91
Ozitape,bathroom tissue 830 3120 144.59
Sand screens 863 3120 62.63
Blue mop,bucket,squeegee,handl 863 3120 148.08
Liquid chlorine 862 3120 18.39
65120 Olympic Printers Inc. 15027 Swim tickets-Youth program 862 3101 66.81
Business cards-J Cole,peterson 861 3101 102.95
65122 Olympic Stationers Inc. 15030 Labels,cardstock,pens,envelope 865 3101 17.30
Labels,cardstock,pens,envelope 811 3101 8.37
65131 Parker Paint Mfg Co. Inc. 16201 Paint,chip brushes 865 3140 10.63
Paint' 865 3140 34.66
65148 Puget Safety Equipment Inc 16248 Ear plugs,safety storage can 865 3120 311.22
65149 Quiring Monuments Inc. 17001 Marker-Dunn 866 3401 185.25
Marker-Smith,foundation,vase 866 3401 312.55
Marker,foundation-Davis-Matson 866 3401 464.55
Marker-Morrison 866 3401 293.55
Foundation,marker-Traylor 866 3401 369.36
Foundation,marker-Gagnon 866 3401 .
Marker,foundation-Byers 866 3401
65150 Qwest 21001 8-2 Qwest billing 830 4710 28.09
08-02 Qwest Billing 863 4210 38.62
65153 Restaurant Appliance Svc Inc. 18168 ~~ valve, water level switch 863 3120 241.86
01/09/12-08:46
.nd Opt Check
Number
.
~~~ll~\~~~~U~~!!~:i}n;; t::> '\ ;' >"Y~;r~,t*~
City of Port Angeles - LIVE MACHINE
Vendor
Name
65163 Schmitt's Sheet Metal Inc.
65166 Seattle Pump & Equipment Co
65177 Sunset Do-It Best Hardware
65180 Swain's General Store Inc.
.
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Nunber
19007
19799
19035
19037:,
Description
GL Code
Number
Drain pans 830 3120
Valve k;t,air chamber,agitator 865 3120
Set screws 865 3120
Fasteners 865 3120
Wheel 865 3120
Shook 865 3120
Drywall, screws 865 3120
Ringer hog 865 3501
Coupl;ng,plug,bushing 865 3140
Hook,chain,grind wheel,emblem 865 3120
Grinding wheel,emery wheel 865 3120
Ball valve 865 3120
PK-Lincoln fence, fencing suppl 865 6510
PK-Lincoln fence,cable 865 6510
Tool cache 862 3120
Valve,bushing 865 3140
PVC cap 865 3140
Fasteners 865 3120
Toilet seat 865 3120
Nipple,teflon 865 3140
Cylinder rent 865 3101
Cylinder rent 866 3101
Nipple,adapter 865 3140
PVC plug, jobber bit,fender was 865 3120
Hex nuts 865 3120
Keyblank 865 3120
Eyebolt,fasteners 865 3120
Hoe 865 3120
Safety glasses,cable tires 865 3120
Paint thinner 865 3140
WO-40,clock 862 3120
Bungee cord,tarp 865 3120
Flash l;ght 865 3120
Analog range tester,batteries 862 3120
Hex nut,bibb hose, lock washers 865 3120
Comet cleanser,grass rake 865 3120
Gloves,padlock 865 3120
Flat set 865 3120
Cable ties 865 3120
Sledge hammer 862 3120
Teflon joint tape,PVC plugs 862 3120
Strainer,measuring cup 865 3120
Yasher 830 3120
Spr;nkler,hose washers 865 3120
Osc;llator,stretch cords 865 3120
Cable t;es 865 3120
Twine,PVC caps 865 3120
PVC cap 865 3120
Plunger 865 3120
Bushing,n;pple,elbow,valve 865 3140
QrJ gloves 865 3120
Page 11
Amount
100.54
342.69
12.28
.60
9.07
8.44
10.82
8.10
4.80
69.96
36.23
10.81
6.95
18.56
4.91
10.88
1.92
8.01
36.06
8.71
16.23
10.82
3.44
17.23
.79
.87
8.22
38.67
22.56
2.67
12.38
47.25
9.60
21.21
3.98
19.21
15.05
10.79
6.87
29.07
15.43
8.05
.79
3.29
50.12
1.37
17.14
2.32-
6.78
18.74
8.59
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
Fnd Dpt Check
Number
Vendor
Name
65183 Thurman Supply
65195 York Bronze Co
65197 Zumar Industries Inc.
65244 Jim's Refrigeration Service
65246 Kampan Inc
65261 Peninsula College
65262 Peninsula Daily News
65271 Quiring Monuments Inc.
65272 Qwest
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Number
20005
12289
26001
10054
16051
16011
16012
17001
21001
65275 Recreonics Incorporated 18061
65293 Xerox Corporation 24001
65355 Port Angeles City Treasurer 03062
65357 Qwest 21001
65381 Yashington (DIS), State of 23111
Description
GL Code
Number
Dustpan,duster,brooms 862 3120
Glue,pliers,YSs kit 862 3120
Blind spot mirrors 865 3120
Plunger,tailpiece,auger closet 865 3120
Tailpiece,wall bend 865 3120
Fertilizer,nozzle,drano 862 3120
YD-40 865 3120
Locknut faucet 865 3120
Twine 865 3120
Ballast,caulk,lampholder 8303120
Lamps,bushing,lock nut 830 3120
PVC pipe 865 3120
Bushing 865 3140
PVC slip union,elbow,coupling 865 3140
Receptacles,switch plate 830 3120
Marking paint 865 3140
Valve cap 865 3140
Coupling,elbow,PVC tee 865 3140
Threaded plug,PVC slip cap 865 3140
PVC cement,primer,PVC cap 863 3120
Teflon tape, basin wrench 865 3120
Rake 865 3140
PVC slip cap 865 3120
Receptcle,locking plug,mud rin 862 3101
Cap 865 3120
Elbow 865 3140
PVC compression 865 3140
Putty knife,extension kit 865 3120
Duct tape,ABS cement,pipe caps 865 3120
Bi pin appliance tube 8633120
Nameplate-Fitzgerald 866 3401
Blank signs 865 3120
Svc call-Senior Ctr freezer 863 4810
Board for playground equipment 865 3120
Feiro contract for August 877 4150
Advertisement-Recreation Coor 861 4410
Marker, foundation-Byers 866 3401
08-14 Qwest billing 811 4210
08-14 Qwest billing 8664210
08-14 Qwest billing 865 4210
08-14 Qwest billing 861 4210
08-14 Qwest billing 862 4210
08-14 Qwest billing 863 4210
08-14 Qwest billing 865 4210
08-14 Qwest billing 862 4210
Floor anchors,pipe covers 862 3120
Meter usage pe 7-1-DC220SS 861 4530
Cru kit-DC220SS system-July 861 4530
Office supplies 861 3101
08-14 Qwest billing 863 4210
~Telecommunicatins svc 811 4210
Page 12
.t
44.49
48.38
6.21
55.56
10.76
29.65
3.83
3.65
1.88
49.30
55.32
3.25
4.72
8.34
20.13
10.28
.96
9.40
11. 04
7.70
10.40
.
31.44
.81
.50
6.37
6.98
17.87
23.78
81.78
188.99
86.56
127.58
10,000.00
136.03
108.00
70.28
23.43
23.43
46.85
23.43
70.28
39.35
46.78
215.03
:1
48.29
18.38
;-';\~I~~8ij~W~~1I'f~:~%~'-":~:i fl,' '. '\':ht'-":G,~,;;:~'
;~:.,
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
~nd Dpt Check
Number
Description
Vendor
Number
GL Code
Number
Vendor
Name
July Telecommunicatins svc 861 4210
July Telecommunicatins svc 862 4210
July Telecommunicatins svc 863 4210
July Telecommunicatins svc 865 4210
July Telecommunicatins svc 866 4210
65395 Action Power Equipment 01515 Ignition coil 865 3120
65396 Adirondack Direct 01230 Display rack 861 3101
65400 Automatic Wilbert Vault Co Inc 01089 Monticello, liners 866 3401
65404 Bentley Company, The 02585 Bearings,bushings 865 3120
Trimmer reel 865 3120
65426 Familian NW 06020 Compression coupler 865 3140
65445 Jackson's Signs 10018 Eagle Scout Project sign 861 4150
65453 Kompan Inc 16051 Plastic bubble big toy 865 3120
65474 Peninsula Daily News 16012 'Youth' ad - Parks 861 4410
Kids Club 07-16,07-18 862 4210
65480 Qwest 21001 08-14 Qwest billing 862 4210
08-20 Qwest billing 863 4210
65482 Rocket 04043 Replace sprinkler hangers 865 4810
65485 Seattle Pump & Equipment Co 19799 Seals,valve covers,rings,cages 865 3120
65497 Verizon Wireless, Bellevue 01105 08-15 Verizon billing 861 4210
65498 Viking Office Products 22054 Tape,index tabs,note pads 811 3101
. Tape,index tabs,note pads 861 3101
Message note pads 811 3101
Message note pads 861 3101
Total for Parks & Recreation
Total for General Fund
101 0001 65143 Port Angeles Chamber Of Comm. 16023 August Visitor Center expenses 115 5083
65165 Seattle Daily Journal of Comm. 19058 Proposal request-Hotel site 122 4410
65298 North Olympic Peninsula 14127 Contract svcs-July,August 115 5083
65408 Brewer, David 02055 Contract svcs-September 115 4990
Total for Convention Center Fund
102 65234 Direct Safety Company 04279 First Aid supplies 102 2370000
Towelettes 102 2370000
Total for Department
.
0007 64998 AT&T Wireless Services
64999 AVAYA INC
65012 Angeles Concrete Products
65014 Angeles lock Shop
65017 Angeles Millwork
12215
01070
12050
01073
01404
08-02 AT&T alc 44580470
8-2 AT&T billing alc 43487438
08-02 Avaya billing
Control density fill
Spindle, tri fLo
Fir timbers
Spray paint
latex caulk,spray paint
Drillbit,bevel square,screws
~ete rubble
752 4210
752 4210
752 4210
752 3120
752 3120
752 3120
752 4210
752 4210
752 3120
752 3120
65051 Eclipse C Corp.
19019
Page 13
Amount
51.81
2.15
.18
1.34
6.18
78.81
200.72
1,355.00
18.32
197.87
21.92
865.60
189.27
169.00
50.00
48.19
60.50
142.82
40.90
124.71
11.35
21.76
22.51
22.51
28,492.95
136,385.08
4,747.39
2,052.00
7,500.00
100.00
14,399.39
20.73-
1.05-
21. 78-
33.98
12.60
23.45
132.55 .
9.95
39.00
14.37
9.54
58.87
43.28
01/09112-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Fnd Opt Check
Nl.Ilber
Vendor
Name
Vendor
Number
65084 Lakeside Industries Inc. 12036
65102 Middleton Auto and Truck Inc. 13117
65117 Olympic Laundry & Clnrs Inc. 15026
65122 Olympic Stationers Inc. 15030
65125 P & A Asphalt Paving 16545
65155 Richmond 2-Way Radio 18009
65156 Ridout, Ken 18011
65177 Sunset Do-It Best Hardware 19035
65180 Swain's General Store Inc.
19037
65197 Zumar Industries Inc.
26001
65234 Direct Safety Company
04279
65248 Maintenance Warehouse 13469
65272 Qwest 21001
65287 Verizon Wireless, Bellevue 01105
65313 Breitbach's Sharpening Service 02247
65381 Washington (DIS), State of 23111
65442 Int'l Municipal Signal Assn 09029
65497 Verizon Wireless, Bellevue 01105
65498 Viking Office Products 22054
103 0001
64999 AVAYA INC
65070 Hotel Business
65272 Qwest
65355 Port Angeles City Treasurer
12215
08515
21001
03062
65381 Washington (DIS), State of
23111
107 0005
64999 AVAYA INC
65025 Blake Sand & Gravel Inc.
12215
02045
65122 Olympic Stationers Inc.
15030
65132 paymentech
65247 Language Line Services
16421
12345
Description
GL Code
Nunber
Asphalt, liquid asphalt 7523120
Asphalt, liquid asphalt 7523120
Asphalt,liquid asphalt 752 3120
Asphal t 752 3120
Floor wax 752 3120
Floor wax 752 3120
Drip pan 752 3125
July cleaning service 752 3120
Pens,dictionary 752 3101
Grade work on alley 752 3120
AC charges for midland portabl 752 4210
Reimbursement for mileage 752 4310
Phillips screwdriver,washer 752 3120
Roller frames 752 3125
Air filter 7523125
Steel tank 752 3501
Trash can,adapter,cap,pipe 752 3120
Sl ip cap 752 3120
Parking signs 752 3125
'Parking Lot closed' sign 752 3125
First Aid supplies 7523120
Towelettes 752 3120
Cabinet 752 3120
08-14 Qwest billing 752 4210
8-5 Verizon Billing 752 4210
Sharpening service, router bits 752 3120
July Telecommunicatins svc 752 4210
Member dues 2002 #20034-Wells 752 4310
08-15 Verizon billing 752 4210
Pens,binder,planner,calendars 752 3101
Total for Public Works
Total for Street Fund
08-02 Avaya billing
Convention Center ad
08-14 Qwest billing
PABA Mtg breakfast-T Smith
Chamber luncheon-T Smith
July Telecommunicatins svc
123 4210
123 4410
123 4210
123 4310
123 4310
123 4210
Total for Economic Development
08-02 Avaya billing
Landscaping supplies
Landscaping supplies
Paper
Paper
Travel expenses-Wu
~ct Language Line service
532 4210
532 4150
532 4150
532 3101
532 3101
532 4310
532 4150
Page 14
.t
13,190.93
10,194.68
8,910.42
416.23
14.38
47.93
10.81
7.30
27.00
973.80
23.80
62.44
3.25
6.78
8.18
116.57
36.07
3.05
927.68
86.26
273.49
.
70.28
11.62
70.51
.18
40.00
3.73
48.14
36,303.22
36,281.44
7.82
1,965.00
23.43
7.24
8.50
9.84
2,021.83
132.86
46.53
.
25.00
9.25
- !1">~~;;."i ':I'''r;!1r'l~'i~~-'J,:.~~rr
01/09/12-08:46
, , .~-":"'~';\~~P,\fil:::'"
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
~nd Dpt Check
Number
Vendor
Name
Vendor
Number
65264 Plantronics Inc
65267 PowerPhone Inc
65272 Qwest
65285 United Parcel Service
65381 ~ashington CDIS), State of
65479 Quill Corporation
16089
16140
21001
21005
23111
17000
174 0008 65008 American Red Cross 01032
65024 Bilsborrow, Mari 02188
65039 Clallam Transit 03145
65053 Federal Express Corp. 06022
65075 Jim's Pharmacy CIne) 10020
65083 LaPooh Sanitation 12039
65119 Olympic Paper Company 15111
65122 Olympic Stationers Inc. 15030
. 65134 Peninsula Bottling Co. Inc. 16071
65180 Swain's General Store Inc. 19037
65235 District 13 04050:
65280 Swain's General Store Inc. 19037
65304 Albertson's Inc. 01204
65355 Port Angeles City Treasurer 03062
65409 Brewer, Kathy 02625
65415 Captain T's 03048
65446 Jefferson Transit Authority 10231
65470 Olympic Game Farm 15214
65472 Olympic Tours and Charters 15153
65498 Viking Office Products
22054
Description
GL Code
Number
Adapter,amplifier
Registration-Dispatch skills
08-14 Qwest billing
July UPS Shipping chgs
July Telecommunicatins svc
Toner cartridges
532 3501
532 4310
532 4210
532 4210
532 4210
532 3101
Total for PenCom
First Aid, Adult CPR classes 888 3101
Reimburse office supplies 880 3101
Parks & Recs trips-July 888 3101
07-27 Fedex Shipping chgs 880 4210
latex gloves 888 3101
Gloves 888 3101
Ice packs, wipes 888 3101
Unit rental 880 4150
Badge hanging w/insert 888 3101
Ink pads, stamps, folders 880 3101
Paper 881 3101
Labels,cardstock,pens,envelope 880 3101
Drinks,cups-Kids Fishing Derby 888 3101
Credit for returned soda 888 3101
Paper towels,paper plates 888 3101
Umpire & registr fees-slow pit 881 4150
Party popcorn 888 3101
Bristle brush 888 3101
Supplies for after school prgm 888 3101
Subs-Liz Allen 888 3101
Refund H2o Camp fees 888 34760023
Tee shirts 881 3101
Tee shirts 889 3101
Transport riders Sequim to PT 888 3101
Combination Tour 888 3120
Transport 24 VB to Game farm 888 4150
Transport 24 H2o program 888 4150
Transport 24 VB to Pt Defiance 888 4150
Transport 24'fr VB to RR Trail 888 4150
Transport 24 fr VB to Salt Crk 888 4150
Tape,index tabs,note pads 888 3101
Total for Recreational Activities Fund
176 0005 65419 D.A.R.E. America Merchandise 04036 ~orkbooks 531 3101
Total for D.A.R.E. Fund
.8 0005 65180 Swain's General Store Inc. 19037 Target for range 537 3101
,(' Silicone cloth,teflon tape 537 3101
:2:7l numbers for range 537 3101
Page 15
Amount
53.02
349.00
398.23
14.05
62.69
573.30
1,762.93
60.00
71.12
83.25
15.25
17.29
21.07
9.40
240.00
36.79
27.84
37.87
8.08
105.00
15.00-
5.20
2,425.00
5.78
1.85
8.97
35.71
135.00
243.45
174.20
43.50
97.00
227.22
227.22
302.96
227.22
227.22
38.89
5,144.35
1n.45
1n.45
11.56
23.21
5.06
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
Fnd Opt Check
NlII1ber
Vendor
Name
186 0008
65107 Natural Structures
65177 Sunset Do-It Best Hardware
65195 York Bronze Co
310 0007
65032 Camera Corner
65041 Complete Line, The
65130 Parametrix Inc.
65132 paymentech
65233 Yashington (DOT), State of
65257 Olympic Bank
65260 Parametrix Inc.
65276 Sargent Engineers Inc
65421 Dry Creek Construction
65460 May, Andrew T.
65507 Yetherholt and Associates P.S.
65510 Zenovic & Associates
773775 Delhur Industries Inc
0008
65268 Primo Construction Inc.
316 0008
65017 Angeles Millwork
65094 Mathews Glass Co. Inc.
65183 Thurman Supply
65342 Lincoln Industrial Corp.
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Number
14145
19035
12289
03044
03087
16155
16421
23119
15132
16155
19795
04388
13425
23380
26216
04042
16033
01073
13107
20005
12047
401 65001 Albaugh, Connie 01506
65004 Alore, Robert 01508
65009 Angelakis, Pauline 01362
65018 Asquith, Karen 01507
65021 Baker, Sa II y 02621
65029 Building Tech Bookstore Inc. 02180
65030 C & C Associates 03119
65034 Carlson, Gary 03619
65035 Chambers, Emeline Dale 03620
65044 Diewold, Carolyn 04384
Description
September 12 2001
GL Code
Nl.IIIber
Total for Law Enforcement Firearms Range
Bench frames
Lockwash,washer,wrench
Plaque-Loof
873 3401
873 3101
873 3401
Total for ~aterfront Trail Fund
Photos 792 3101
Photos 792 3101
Photos 783 3101
24x36 Copy bond paper 783 3101
Prof Svcs pe 7-1-01 783 4150
Emminent Domain Seminar 777 4310
Engineering Svcs-RE313ATB10814 774 4150
Retainage-Delhur Industries 774 4150
Prof svcs pe 7-31-01-Landfill 783 4150
Bridge Load Rating pe 07-31 783 4150
Relocate sign 792 4150
Plant consulting-Retainer Yall 783 4150
Consulting-Roof repairs (Fire) 783 4150
Professional svcs-Centennial T 792 4150
Edgewood Dr Realignment-EFT 7744150
Total for Public ~orks
Prof Svcs proj #21-07 pmt #2 890 4150
Total for Parks & Recreation
Total for Capital Improvement Fund
Brush
Replace breakage-Loomis Bldg
Furnish and install window
Furnish and install window
~ater heater, water heater pan
Cancel Longhouse reservation
860 3101
860 3101
860 3101
860 3101
860 3101
860 36240012
Total for lincoln Park Improvement Fund
Utility deposit rfd-066036011
Utility deposit rfd-063177003
Utility deposit rfd-009113003
Utility deposit rfd-055972018
Utility overpmt rfd-086797022
ElectriCalc Pro Books
Utility overpmt rfd-122238008
Utility overpmt rfd-121231002
Utility deposit rfd-105597004
~fiity deposit rfd-062731004
401 2391200
401 2391200
401 2391200
401 2391200
401 1222200
401 2370000
401 1222200
401 1222200
401 2391200
401 2391200
Page 16
.t
39.83
1,049.54
5.49
56.16
1,111.19
14.09
12.15
13.23
70.21
4,733.01
257.50
852.55
.21,864.83
119.20
2,743.50
129.84
541.00
3,456.75
4,0.
415,4
454,267.46
36,410.36
36,410.36
490,677.82
6.97
481.09
223.00
96.69
251.94
80.00
1,139.69
125.00
250.00
124.16
250.00
74.46
1.
61.06
250.00
160.00
'.'1''l:;'''1:r:,:.~r:'::': :f:,;""-"'tf";'~',"r
- ,:" ;,";:!~{W~'!:~:JW'
01109/12-08:46 City of Port Angeles - LIVE MACHINE September 12 2001 Page 17
CHECK REGISTER
.00 Opt Date From 08/11/2001 To 09/07/2001
.',,', ,"
Check Vendor Vendor Oescription GL Code Amount
Nl.II1ber Name Number Number
65046 Dwyer, Ray 04385 Utility deposit rfd-058564037 401 2391200 125.00
65049 Earnest, Christi 05237 Util ity deposit rfd-030309005 401 2391200 250.00
65050 Eastwood, Annie 05238 Util ity deposit rfd-019534011 401 2391200 109.33
65057 Fox, Shelle 06295 Util ity deposit rfd-059714008 401 2391200 250.00
65064 Hapco 08511 Replacement door 401 2370000 13.55-
65065 Harmon, Jack 08514 Utility deposit rfd-064360009 401 2391200 250.00
65071 IFCO Industrial Container Sys. 14172 55 Gallon drum, locking rings,t 401 2370000 113.98-
65090 Loushin, Jennifer 12383 Utility deposit rfd-114570027 401 2391200 15.32
Utility overpmt rfd-114570027 401 1222200 4.23
65092 Marrs, Mike 13643 Utility deposit rfd-058866030 401 2391200 125.00
65103 Miller, Carl 13644 Utility deposit rfd-058742052 401 2391200 125.00
65104 Morris, David 13645 Utility deposit rfd-061409016 401 2391200 250.00
65106 Nairn, Jennifer 14479 Utility deposit rfd-066290013 401 2391200 125.00
65109 Newport, Kathleen 14512 Utility deposit rfd-060879002 401 2391200 250_00
65129 Paint Store, The 16064 Utility overpmt rfd-073741004 401 1222200 50.73
65138 Peterson, Kenneth L 16548 Utility overpmt rfd-012033026 401 1222200 143.88
65141 Ploudre, Laura 16395 Utility overpmt rfd-040495014 401 1222200 54.82
65154 Richardson, Alan 18434 Utility deposit rfd-044423011 401 2391200 63.16
65164 Scott, Teresa 19802 Utility deposit rfd-054135020 401 2391200 250.00
65167 Selzer, Saul 19803 Utility deposit rfd-031712020 401 2391200 72.14
65171 Smith, Jasper 19804 Utility deposit rfd-05482801 401 2391200 250.00
. 65172 Smith, Jul ia 19805 Utility overpmt rfd-088455022 401 1222200 88.73
65173 Snowberger, Larry 19806 Utility deposit rfd-066281021 401 2391200 75.00
65181 Thacker, Debra 20319 Utility deposit rfd-054402109 401 2391200 250.00
65182 Thompson, Melody 20320 Utility deposit rfd-065676016 401 2391200 125.00
65186 Van Rossen, Dorothy 22119 Utility deposit rfd-061263003 401 2391200 250.00
65189 Walter Pearson 16547 Utility deposit rfd-061816009 401 2391200 250.00
65194 Wilcox, Nichole J 23591 Utility deposit rfd-081876021 401 2391200 93.62
65217 Adams, Nancy 01509 Utility deposit rfd-049042012 401 2391200 250.00
65224 Chemical Specialties Inc 03621 Ultrafume applicators 401 2370000 4.10-
65234 Direct Safety Company 04279 Latex gloves 401 2370000 1.66-
Plug wrench 401 2370000 2.07-
65297 Deyette, Christina 04387 Ut il ity depos i t rfd-004154047 401 2391200 74.13
65303 Adams, Scott 01512 Utility deposit rfd-134376002 401 2391200 125.00
65305 Almond, Tracey 01513 Utility deposit rfd-127914013 401 2391200 125.00
65306 Andrew, Paul 01514 Utility deposit rfd-118927003 401 2391200 250.00
65308 Beck, Mandy 02622 Utility deposit rfd-100226023 401 2391200 125 .00
65309 Bell Lumber & Pole Co. 02196 Western red cedar poles 401 1414000 3,848.10
Western red cedar poles 401 1411000 611. 92
65310 Bertoli, Ann 02623 Utility deposit rfd-114669025 401 2391200 125.00
65312 Breiner, Pat 02624 Utility deposit rfd-124233010 401 2391200 28.54
65315 Charles, Jacques 03622 Utility deposit rfd-124493010 401 2391200 14.75
65318 Cotton, Rosa 03623 Utility deposit rfd-067199002 401 2391200 250.00
65320 Davis, Bradley 04386 Utility deposit rfd-067024042 401 2391200 250.00
65324 Edgmon, Bobbie 05239 Utility deposit rfd-121479004 401 2391200 90.25
65328 French, Kevin 06297 Utility deposit rfd-101869015 401 2391200 125.00
. 65331 Godwin, Wendy 07326 Util ovrpmt reissue-087181018 401 1222200 92.52
65332 Hani fy, Jean 08519 Utility overpmt rfd-082244020 401 1222200 44.22
65334 Hansen, Kurt 08516 Utility deposit rfd-020028004 401 2391200 81.88
Utility overpmt rfd-020028004 401 1222200 102.38
65336 Hiel, Shirley 08517 ~9ity deposit rfd-101016003 401 2391200 250.00
01/09112-08:46
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Fnd Opt Check Vendor Vendor
NlIl1ber Name NlIl1ber
65337 Higgs, Raymond 08518
65338 Jackson, Patrick 10229
65339 Johnson, Charity 10230
65341 Kim, Steve 11253
65343 Lucas, Angel 12384
65344 Martin, Leroy 13647
65347 Mitarai, Kiyoda 13648
65348 Mulvaine, Jon 13650
65349 Murphy, Mia 13649
65351 Nieuwkoop, Robert A 14513
65352 Nordman, Willard 14514
65359 Rhoades, Brad 18436
65362 Serrianne, Michael 19808
65363 Sinder, Estate of Frank 19n5
65364 Smart, Sean 19811
65365 Smith, Angie R 19599
65366 Solomon, John 19809
65368 Spencer, Mike 19810
65369 St Vincent De Paul/J Charles 19686
65370 Star, Sevi 19n6
65371 Stovall, Mary 19814
65372 Sutherland, Paul 19812
65373 Teefy, Kent 20323
65374 US Bank of Port Angeles #87 21073
65380 \.Ialdron, Rex 23592
65383 \.Iatts, Jessica 23593
65384 \.Iestern States Electric Inc. 23025
65387
65388
65423
65428
65449
65486
23594
23595
05168
06300
10232
19292
\.linter, Richard
\.long, Megan
Erb, David
Fitzpatrick, Bill
Johnson, Grace
Supplemental Services Inc.
0009
64998 AT&T \.Iireless Services
01404
Description
Utility deposit rfd-113883009
Utility deposit rfd-068063005
Utility deposit rfd-066923030
Utility deposit rfd-099n4020
Utility deposit rfd-114456013
Utility deposit rfd-100480005
Utility deposit rfd-104825012
Utility overpmt rfd-018503028
Utility deposit rfd-128634005
Utility overpmt rfd-069060007
Utility deposit rfd-100501019
Utility deposit rfd-114952024
Utility deposit .rfd-104574024
Util ovrpmt reissue-036153002
Utility deposit rfd-093599002
Utility deposit rfd-127981013
Utility deposit rfd-126438003
Utility deposit rfd-128634004
Util dep rfd-Jacques Charles
Utility overpmt rfd-020699018
Utility overpmt rfd-101664006
Utility deposit rfd-122980002
Utility deposit rfd-045411013
Util ovrpmt reissue-008338001
Utility deposit rfd-126390002
Utility deposit rfd-124620006
Insulators,wire
Insulators,wire
Switches
Switches
\.lire
\.lire
\.Iire,stirrups
\.Iire,stirrups
\.lire
Credit wire
Credit wire
Credit wire
Utility deposit rfd-094796004
Utility deposit rfd-134372002
Utility deposit rfd-068675002
Utility overpmt rfd-022446024
Utility deposit rfd-089010013
'Tested' labels
Sept~r 12 2001
GL Code
N~er
401 2391200
401 2391200
401 2391200
401 2391200
401 2391200
401 2391200
401 2391200
401 1222200
401 2391200
401 1222200
401 2391200
401 2391200
401 2391200
401 1222200
401 2391200
401 2391200
401 2391200
401 2391200
401 2391200
401 1222200
401 1222200
401 2391200
401 2391200
401 1222200
401 2391200
401 2391200
401 1414000
401 1411000
401 1414000
401 1411000
401 1414000
401 1411000
401 1411000
401 1414000
401 1411pOO
401 1414000
401 1411000
401 1411000
401 2391200
401 2391200
401 2391200
401 1222200
401 2391200
401 2370000
Total for Department
8-2 AT&T billing alc 44625127 911 4210
8-2 AT&T billing alc 44690139 911 4210
8-2 AT&T billing alc 45528387 911 4210
~T&T billing alc 45570652 911 4210
Page 18
.t
250.00
250.00
250.00
250.00
125.00
250.00
125.00
125.00
203.35
32.44
125.00
50.60
250.00
111.34
125.05
125.00
250.00
47.29
100.00
26.19
25.59
.
295.02
160.00
125.00
911.00
189.66
426.00
34.93
590.00
48.38
1,953.26
455.25
7,658.16
889.73
1,842.98-
7,658.16-
250.00
125.00
250.00
29.53
250.00
8.76-
20,475.69
.
19.02
27.96
25.13
I
I
i
01/09/12-08:46
City of Port:Angeles - LIVE MACHINE'
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
~nd Opt Check
Number
Vendor
Name
Vendor
NlIlber
64999 AVAYA INC
65015 Angeles Machine Works Inc.
12215
010n
65017 Angeles Millwork
65025 Blake Sand & Gravel Inc.
65029 Building Tech Bookstore Inc.
65042 Cornell Auto Parts
01073
02045
02180
03092
65060 Grainger Inc.
07015
65064 Hapco 08511
65066 Hartnagel Building Supply Inc. 08052
65069 Highline Equipment Inc. 08063
.
65071 IFCO Industrial Container Sys. 141n
65082 L & L Tool Specialties 12035
65089 Lincoln Industrial Corp. 12047
65091 M & P Garage Doors 13100
65097 McGraw-Hill Inc. 13248
65099 Metropolitan Communications 13568
65102 Middleton Auto and Truck Inc. 13117
65108 New Hermes Inc. Attn: Iris 14468
65110 North Creek AnaLytical Inc. 14076
65111 Northwestern Territories Inc. 14017
65126 Pacific Office Equipment Inc. 16004
65131 Parker Paint Mfg Co. Inc. 16201
65135 Peninsula Daily News 16012
65139 Pettit Oil Company 16302
65144 Port Angeles City Light 16083
65145 Port Angeles Power Equipment 16122
.
65147 Public Utility Dist Clallam Co 16038
65150 Qwest 21001
65157 Rohlinger Enterprises Inc. 18087
Description
GL Code
Number
08-02 Avaya billing 911 4210
Brake shaft 911 4810
Brake shaft 911 4810
Screws,lumber,screws,plywood 911 3101
Tube 18 feet 911 3402
ElectriCalc Pro Books 911 3120
Paint 911 4810
Blue tape,green paper 911 4810
Thinner,paint thinner 911 4810
Automotive part 911 4810
Safety cabinet 911 3120
Safety cabinet 911 3120
Replacement door 911 4810
Spackle,utility knives 911 4810
Square drive deck 911 4810
Open reel tape 911 4810
Lumber,plywood,woodex screws 911 3101
Lumber 911 4810
Full body harnesses 911 3120
Repair breech cap 911 3501
Ampact lock screw 911 3501
55 Gallon drum, locking rings,t 911 4810
55 Gallon drum, locking rings,t 911 4810
Riveter 911 4810
U-bolts,sheet metal 911 4810
Code door openers 911 3120
Electric Power Handbook 911 4901
June Prof Svc-Telecom Planning 911 4150
July Prof Svc-Telecom PLanning 911 4150
Gear wrench set 911 4810
Meter 911 3501
Meter 911 3501
Nameplate holders 911 3501
Sample testing-oil & gasses 911 4150
Prof Svcs-Albert ST pe 7-27-01 911 4150
Air freshener 911 3120
Air fresheners 911 3120
Color cartridge 911 3160
Masking tape, drop cLoth,pail 911 4810
Painting supplies 911 4810
Bid advertisement-Proj 20.06 930 4410
Drum charge 911 4810
Gas 911 4810
CDL License 911 4310
Balloons 911 4810
We ad eater blades 911 4810
Peltor hat,line 911 3501
Fiber Optic training-July 911 4310
08-02 Qwest Billing 911 4210
Leather protector 911 3120
~les,lineman gloves 911 4810
Page 19
Amount
109.41
157.27
157.27
77.67
13.31
224.52
66.74
79.38
60.52
7.35
595.14
1,336.43
178.n
13.69
9.73
14.01
61.40
5.11
180.14
247.05
93.48
751.99
751. 99
43.26
203.09
75.74
151.27
3,900.00
11,440.50
140.29
138.17
137.44
109.07
115.00
2,823.50
1.35
32.46
114.69
30.50
2.44
118.08
189.36
13.46
20.00
66.81 .
17.28
69.14
1,166.66
129.84
19.48
5.93
01/09/12-08:46
Fnd Opt Check
Nunber
City of Port Angeles - liVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Name
Vendor
Nl.IIlber
65165 Seattle Daily Journal of Comm. 19058
65174 Sound Analytical Services Inc 19025
65177 Sunset Do-It Best Hardware 19035
65180 Swain's General Store Inc.
19037
65183 Thurman Supply
20005
65184 TriAxis Engineering Inc 20274
65190 Washington (DRS), State of 23141
65191 Washington Fire & Safety Equip 23004
65220 Asp I undh Tree Expert Co. 01119
65224 Chemical Specialties Inc 03621
65234 Direct Safety Company 04279
65241 Hansen Supply Company Inc 08478
65243 Ireland, David H 09133
65249 Mallory Company 13139
65259 Olympic Printers Inc. 15027
65270 Public Utility Dist Clallam Co 16038
65272 Qwest
21001
65274 RadioShack Accounts Receivable 18003
65280
65283
65285
65294
65321
65323
65346
Swain's General Store Inc.
Trans-Cycle Industries Inc
United Parcel Service
19037
20322
21005
Zee Medical Service Co.
Day-Timers Inc.
Eager Beaver Environmental
Metropolitan Communications
26005
04040
Inc 05077
13568
Description
Gl Code
Number
Gloves, lineman gloves 911 3120
Test barriers 911 4810
Gloves, lineman gloves,protecto 911 3120
Blankets 911 3120
Servisavor 15KV 911 3501
Electric UG Conversion ads 930 4410
PCB test 911 4810
Clamp 911 4810
Conduit 911 3402
link 911 4810
Flat washer,nut nylock 911 3120
Pail 911 4810
Filter 911 4810
Kerosene, sprayer 911 4810
Tarp 911 4810
ladder 911 3501
Polyfilm 911 4810
Polyfilm 911 4810
Plug,connector,washer 911 3402
Engineering svc pe 7-.27 P#2003 930 4150
Engineering Svc pe 7-27 P 2006 930 4150
Statewide pensioners for July 911 2030
Service extinguisher 911 3120
Service extinguisher 911 4810
Release 5% retainage inv 45231 911 4810
Release 5% retainage inv 46335 911 4810
Ultrafume 911 3402
Ultrafume applicators 911 3402
latex gloves 911 3501
Plug wrench 911 3501
Credit safety lenses 911 3120
Black reflective label tape 911 3120
Mileage reimbursement 911 4310
Respirators 911 4810
Paper 911 3120
Util-SR 101 & Euclid Ave 911 3350
Util-lauridsen Blvd & l St 911 3350
Util-Woodhaven & Golf Course 911 3350
08-14 Qwest billing .911 4210
8-14 Qwest billing 911 4210
Credit PWTR 2.4GHZ 911 4210
ET1108 900M Grap 911 4210
Nails 911 4810
Transport,dispose PCB soil 911 4150
July UPS Shipping chgs 911 4210
July UPS Shipping chgs 911 4210
July UPS Shipping chgs 911 4810
First-aid,medical supplies 911 3120
Desk pad refill,pocket refill 911 3101
Spill kit,oil socks,ZSP pads 911 4810
~42 Svcs-Telecom planning 911 4150
Page 20
.nt
48.71
9.47
132.46
264.22
2,840.70
442.20
52.50
4.63
6.59
13.96
12.12
8.59
10.00
47.54
15.62
54.07
35.98
71.07
15.69
654.60
862.19
.
28.13
254.60
254.60
367.34
54.10
21.83
27.30
64.80-
243.91
44.85
47.44
40.85
14.78
18.41
13.94
327.96
42.06
140.65-
47.40
2.82
10,860.00
13.49 .
4.11
...
848.47
2,000.00
01/09/12-08:46
:'!'~'?:f~';,i:-~~l;:iWI~~~:}_~\~,:,"~~I.
'(~~1~'i4t$~t.
City of Port Angeles
~nd Opt Check
Number
Vendor
Name
65350 NIIPPA
65376 Verizon Wireless, Bellevue
65381 Washington (DIS), State of
65384 Western States Electric Inc.
65398 All Phase Electric Supply Co.
65410 Business Answerphone Service
65431 Grainger Inc.
65442 Int'l Municipal Signal Assn
65466 NIIPPA
MACHINE
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Nunber
14013
01105
23111
23025
01061
02166
07015
09029
14013
65467 Northwest Fence Co. 14071
65471 Olympic Synthetic Products 15064
65473 Parsinen Landscape Maintenance 16258
65478 Public Utility Dist Clallam Co 16038
65479 Quill Corporation 17000
. 65484 Seattle Daily Journal of Comm. 19058
65486 Supplemental Services Inc. 19292
65492 Transfac Funding Corporation 20059
65497 Verizon Wireless, Bellevue 011 05
65501 WESCO Distribution Inc. 23150
65509 Zee Medical Service Co. 26005
402 65006 Alternative Technology Inc 01503
65022 Bavco Backflow Apparatus & 02346
65073 Industrial Chem Labs & Svcs 09140
65140 Pioneer Research Corportion 16164
65188 Wireless Prof. Comm. Svcs. 23567
65282 Tokay Software 20097
65325 Famil i an NW 06020
65327 Francis, Ivan 06299
65430 Fowler Company, H. D. 06110
.
0007
64998 AT&T Wireless Services
64999 AVAYA INC
01404
.f'
12215
Description
Safety program-July OSHA bill
08-15 Verizon billing
July Telecommunicatins svc
Switches
Wedge clamps
Wedge clamps
Plugs,cable,lights-2%
September svc
PUJl) motor
Member Dues 2002 #67558-Shay
Member dues 2002 #67559-Marks
Member dues 2002 #69138-Oman
PCB Regulations-Deb Smith
PCB Regulations-Deb Smith
PCB Recordkeeping-Deb Smith
PCB Recordkeeping-Deb Smith
Chain link fence rental
Harnesses
Landscape maintenance-August
Test Wash St Substation
Pens, eraser pens,post-it pads
'Substation Rebuild' Ads
'Tested' labels
Shipping chgs-Arnett
Shipping.~hgs- IFCO Systems
08-15 Verizon billing
Wedge clamps,cartridge shells
First aid supplies
September 12 2001
GL Code
Nlomber
911 4310
911 4210
911 4210
911 3402
911 4810
911 3402
911 4810
911 4810
911 3501
911 4310
911 4310
911 4310
911 4310
911 4310
911 4310
911 4310
911 4150
911 3501
911 4810
911 4810
911 3120
930 4150
911 4810
911 4810
911 4810
911 4210
911 3402
911 3120
Total for Light
Total for Light Fund
Breezecom wireless outdoor bas 402 2370000
RV seat kit 402 2370000
Lift station degreaser 402 2370000
Sanitary sewer root killer 402 2370000
Breezecom wireless base 402 2370000
Annual support-Backflow preven 402 2370000
Tapping saddle 402 1414000
Tapping saddle 402 1411000
Utility overpmt rfd-092762009 402 1222200
Saddles,straps,nuts 402 1414000
Saddles, straps, nuts 402 1411000
8-2 AT&T billing a/c 46031977
8-2 AT&T billing a/c 43263680
08-02 Avaya billing
~~ Avaya billing
Total for Oepartment
753 4210
753 4210
754 4210
753 4210
Page 21
Amount
1,592.76
26.38
30.96
921.87
554.53
554.53
54.15
160.00
286.69
40.00
40.00
40.00
118.75
118.75
137.50
137.50
145.67
367.88
1,487.75
947.91
82.87
465.30
115.56
53.04
234.76
35.82
832.74
32.43
57,523.46
77,999.15
459.85-
8.55-
74.62-
63.55-
43.55-
26.24-
374.62
41.54
24.35
55.40
86.47
93.98-
28.80
16.68
15.63
7.82
01/09/12-08:46 City of Port Angeles - LIVE MACHINE September 12 2001 Page 22
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
.nt
Fnd Opt Check Vendor Vendor Description GL Code
Number Name Number Nunber
65000 Ace Equipment Company 01055 Filter,plug,labor,parts 753 3402 116.18
Plug,filter,belt,labor 753 3402 79.26
65006 Alternative Technology Inc 01503 Breezecom wireless outdoor bas 754 4210 6,067.79
65007 AmTest Inc. 01034 Sample testing-Silver 754 4810 14.45
65012 Angeles Concrete Products 01070 Control density fill 753 3402 416.57
Control density fill 753 3402 246.16
65013 Angeles Electric Inc. 01071 Rehook motor from drive 754 4810 100.63
65017 Angeles Millwork 01073 Anchor wedge,hex lags, lag shie 754 3120 13.89
Cedar shims 753 3402 12.85
Tape,flag tape,spikes 753 3402 9.80
Angle stop,brass tee, fitting 753 3402 17.47
Ll.IlIber 753 3402 25.79
65020 Automated Business Sys. Inc. 01050 VPA Nokia 753 3402 20.55
65022 Bavco Backflow Apparatus & 02346 RV seat kit 753 3402 112.75
65025 Blake Sand & Gravel Inc. 02045 Concrete brick,patio blocks 753 3402 37.13
65028 Brown and Caldwell 02057 PA WW Projects pe 06-29 pmt 5 794 4150 13,457.30
PA WW Projects pe 06-29 pmt 5 794 4150 6,853.87
65031 CH2M Hill Inc 03005 Elwha Dam removal 793 4150 478.50
GWI Compliance Assistance 793 4150 4,159.41
Black Diamond Improvements 793 4150 170.48
Water System Plan Update 793 4150 15,868.43
65036 Chemsearch 14004 Maxi-lube red 753 3120 .
65040 Cole Industrial Inc. 03300 Boiler training-Waldron,Raymon 754 4310
Boiler training-Waldron,Raymon 754 4310 495.00
65051 Eel ipse C Corp. 19019 Concrete rubble 753 3402 43.28
65053 Federal Express Corp. 06022 07-27 Fedex Shipping chgs 793 4210 8.65
07-27 Fedex Shipping chgs 754 4810 5.15
07-27 Fedex Shipping chgs 753 4810 8.80
65054 Ferrellgas (lnc) 06024 Adjust regulator pressure,labo 754 4810 54.10
65056 Flow Products Incorporated 06125 Hypochloride pump 754 3120 912.47
Repair LMI pump 754 3120 130.30
65061 Graybar Electric Co. Inc. 07040 Wire 754 4210 160.90
65062 Hach Company 08124 Nutrient buffer pillows 754 3120 120.76
65073 Industrial Chern Labs & svcs 09140 Lift station degreaser 754 3120 984.61
65078 K & L Supply Inc. 11010 Paint, insect spray 753 3120 1,186.41
Paint 753 3120 230.47
65079 Kaman Industrial Technologies 11082 Bushing 754 3120 53.37
65089 Lincoln Industrial Corp. 12047 Bracket 754 4210 428.47
Sheet metal 754 3120 59.51
Al\.Kl1inum pipe 754 4210 68.39
Alumin\.Kl1 pipe 754 4210 171.30
65098 Metrocall 20000 7-28 Metrocall billing 754 4210 33.24
65111 Northwestern Territories Inc. 14017 Prof Svcs-Lincoln St pe 7-20 794 4150 2,971.25
65114 ONDEO Nalco Chemical Company 14170 Flocculant 754 3120 3,554.38
65115 Olympic Chemical Corporation 15117 Sodi\.Kl1 bisulfite 754 3120 1 ,295 . 75 .
65119 Olympic Paper Company 15111 Fluorescent tube 753 3120 53.88
Liquid chlorine 753 3105 11
65121 Olympic Springs Inc. 15029 Water, cups 754 3120
July rental 754 3120
65122 Olympic Stationers Inc. 15030 Letter opener,folders,legal pa 754 3101 28.10
65126 Pacific Office Equipment Inc. 16004 i4skjet ink 754 3101 35.71
01/09/12-08:46
\('ii(ttTht~~~N:~~:rr~~!~:::~'~' :.,,~:'~,:~'.~:, : ;' ':~t~f~~~i~:r:)::~
City of Port Angeles - :LIVE MACHINE
~nd Opt Check
N\.II1ber
Vendor
Name
65127 Pacific Office Furniture
65128 Pacific Rim Industrial &
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Nl.Illber
16518
16515
65131 Parker Paint Mfg Co. Inc. 16201
65135 Peninsula Daily News 16012
65140 Pioneer Research Corportion 16164
65147 Public Utility Dist Clallam Co 16038
65148 puget Safety Equipment Inc 16248
65150 Qwest
65162 Sanderson Safety Supply Co.
65177 Sunset Do-It Best Hardware
.
65180 Swain's General Store Inc.
65183 Thurman Supply
.
21001
19048
19035
19037
20005
65185 Utilities Underground Loc Ctr 21010
65188 Wireless Prof. Comm. Svcs.
65192 Washington State University
23567
23009
Description
GL Code
Nl.Illber
Office supplies 7543101
Legal trays 754 3101
Lateral file drawer 7543120
Safety training class-June 753 4310
Safety training class-June 754 4310
Paint 753 3120
Bid invitation-Diesel generato 754 3101
Ordinance summary #3092 753 4410
Sanitary sewer root killer 754 3120
203 Reservoir Rd-August 753 4710
Muffs,dispensing cans-2% disc 754 3402
Muffs,dispensing cans-2% disc 753 3402
08-02 Qwest Billing 754 4210
08-02 Qwest Billing 7544210
Kresto 754 3120
Kresto 753 3120
Bolt,washer,lockwash,belt 754 3120
Duct tape,PVC plug 753 3402
Washer, screwdrivers 754 3120
Drill bit 754 3120
Shutter hinges 754 3120
Socket 753 3402
Galvanized chain 753 3120
Felt 754 3120
Wire,hoist hook,duplex sleeve 753 3402
Grind wheel 754 3120
Bolt 753 3402
Hex die 754 3120
Ball valve,pipe nipple 753 3402
Ammonia 753 3402
Batteries 754 3120
Fence post,windshield wash 754 3120
Abrasive wheel,grinding wheel 753 3402
Rake 753 3402
First aid supplies,weed killer 753 3402
Weed sprayer 753 3402
Bleach,battery, tape, cleaner 754 3120
Crushed ice 754 3120
Ice chest 754 3120
Rubbing alcohol,cotton swabs 753 3402
Siphon device 754 3120
Pail,paint brush 753 3120
Paint thinner,acetone 754 3120
Weed killer,PVC connector 754 3120
Picture frames 754 3101
Water heater,pipe,sleeve 753 3120
PVC cement 753 3402
July locates 753 4150
July locates 754 4150
Breezecom wireless base 754 4210
~tration-G Richmond 754 4310
September 12 2001
Page 23
Amount
.54
45.10
107.12
120.00
120.00
55.38
147.60
23.78
838.48
52.36
34.30
155.75
37.06
37.06
90.58
90.57
15.14
19.17
6.26
3.87
4.53
23.79
97.06
8.63
118.09
7.55
2.38
8.32
8.84
1.27
115.34
70.63
15.28
21.39
6.97
16.09
37.60
4.63
19.34
4.11
6.17
11.77
14.00
11.67
21.64
232.99
12.28
15.40
15.40
574.60
295.00
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Fnd Dpt Check
Nl..Illber
Vendor
Name
Vendor
Nl.II1ber
65193 Western Utilities supply Co.
65196 Zenovic & Associates
65219 Angeles Electric Inc.
65221 Branom Instrument Company
65223 Brown and Caldwell
23022
26216
01071
02090
02057
65236 Edge Analytical
65272 Qwest
05223
21001
65274 RadioShack Accounts Receivable 18003
65282 Tokay Software 20097
65285 United Parcel Service 21005
65301 AWWA-NW Subsection 01005
65302 AWWA-Pacific Northwest Section 01371
65340 K & L Supply Inc. 11010
65355 Port Angeles City Treasurer 03062
65356 Public Utility Oist Clallam Co 16038
65357 Qwest 21001
65358 RadioShack Accounts Receivable 18003
65375 United Rentals Inc 16034
65381 Washington (DIS), State of 23111
65385 Western States Water Council 23596
65386 Western Waterproofing Co Inc 23583
65393 AT&T 8usiness Service 01085
65397 All Flags Travel Inc. 01015
65426 Familian NW 06020
65434 Hach Company 08124
65441 Industrial Labsales Inc 09145
65443 Isco Inc. 09064
65444 JCI Jones Chemicals Inc. 10027
65480 Qwest 21001
65497 Verizon Wireless, Bellevue 01105
Description
GL Code
Number
Ascorbic acid 753 3402
Inspection svc pe 7-25-01 793 4150
PVC plug,adapter,strut strap 754 4810
Back flow test kit 753 3402
Prof Svcs-proj 20-25 pmt #6 794 4150
Prof Svcs-proj 20-25 pmt #6 794 4150
Prof Svcs-proj 20-25 pmt #6 794 4150
Prof Svcs-proj 20-25 pmt #6 754 4150
Sample analysis 753 4810
08-14 Qwest billing 754 4210
08-14 Qwest billing 753 4210
08-10 Qwest billing 753 4210
Diode,batteries 754 3120
Annual support-Backflow preven 753 3160
July UPS Shipping chgs 753 4210
Training class-Kenyon,Holbrook 753 4310
Training class-Holbrook, Foster 753 4310
Gloves,rust guard,sanitizer 754 3120
Plastic spoons-Owens 754 3120
Aug Util-Crown Z Water Rd 753 4710
08-08 Qwest billing 754 4210
Batteries 753 3402
Concrete diamond blade 754 3120
July Telecommunicatins svc 753 4210
July Telecommunicatins svc 754 4210
Registration-Knutson 753 4310
Release retainage proj 20-27 793 4150
8-15 AT&T Billing 753 4210
Becker to Las Vegas 09-30 753 4310
Diehead,ratchet,handle 754 3120
Ball valve 754 3120
Dri-bath Incubator 754 3120
Stir bars 754 3120
Stir bars 754 3120
Fecal coliform testing 754 3120
Automatic sampler,parts 754 3501
Chlorine cylinders,deposits 753 3105
Credit container deposit 753 3105
08-16 Qwest billing 754 4210
08-20 Qwest billing 754 4210
08-20 Qwest billing 754 4210
08-20 Qwest billing 754 4210
08-20 Qwest billing 754 4210
08-20 Qwest billing 754 4210
08-20 Qwest billing 754 4210
08-23 Qwest billing 753 4210
08-23 Qwest billing 754 4210
08-23 Qwest billing 754 4210
08-23 Qwest billing 754 4210
08-20 Qwest billing 754 4210
~ Verizon billing 753 4210
September 12 2001
Page 24
.nt
77.86
85.60
336.74
1n.15
3,n4.18
107.46
5.03
5,561.39
1,070.00
46.85
23.43
340.37
13.48
346.24
5.08
80.00
130.00
612.14
.89
11.00
39.30
.
14.54
32.55
100.00
2,412.84
33.49
307.75
263.95
71.23
597.30
36.41
60.76
277 .60
8,127.11
1,959.42
600.00-
57.42
57.42
57.42
57.42
57.42
57.42
57.42
64.15
.
57.42
40.75
27.22
i"v.rprj~,~~;:;';(~!::.i~lt.~-Mfn I,tt::~;
01/09/12-08:46
;:d')1'.'i-kl~f';~
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
.
Fnd Opt Check
Number
Vendor
Name
Vendor
Number
65504
65506
65508
65510
23439
23598
23062
26216
Washington (DOH), State of
Western Regional Backflow
Wurth USA West Inc.
Zenovic & Associates
404 0007 64999 AVAYA INC 12215
65012 Angeles Concrete Products 01070
65026 Brem-Air Disposal Inc 23060
65053 Federal Express Corp. 06022
65055 Fisher-Rosemount 06294
65067 Heartl ine, The 08054
65113 Olympic Air Pollution Cont Aut 15017
65117 Olympic Laundry & Clnrs Inc. 15026
. 65126 Pacific Office Equipment Inc. 16004
65130 Parametrix Inc. 16155
65150 Qwest 21001
65151 Radio Pacific Inc. 11019
65158 Rosemount Inc 18433
65161 SWANA 19101
65180 Swain's General Store Inc. 19037
65228 Clallam Title Company 03286
65260 Parametrix Inc. 16155
65272 Qwest 21001
65296 Clallam Title Company 03286
65335 Hermann Bros. Inc. 08127
65355 Port Angeles City Treasurer 03062
65381 Washington (OIS), State of 23111
65473 Parsinen Landscape Maintenance 16258
421 0009 64997 AM Conservation Group Inc 01498
65003 Afl Weather HeatingCooling Inc 01060
. 65133 Pen Print Inc. 16009
65136 Peninsula Heat Company 16327
65151 Radio Pacific Inc. 11019
Description
GL Code
Number
08-15 Verizon billing
08-15 Verizon billing
Radiation test
Backflow Conference registrati
Panel bond adhesive
Professional svcs-Crown Park
754 4210
754 4210
753 4810
753 4310
754 3120
794 4150
Total for Public Works
Total for Water/Wastewater Fund
08-02 Avaya billing 755 4210
Ecology blocks 755 4810
July recycling service 755 4150
07-27 Fedex Shipping chgs 755 4210
07-27 Fedex Shipping chgs 755 4150
Corrective maintenance service 755 4810
Vehicle battery 755 312D
Registration-Wastewater 755 4990
Registration-Landfill-Flare 755 4990
July service 755 4990
Paper 755 3101
Prof Svcs pe 7-1-01 755 4150
Prof Svcs pe 7-1-01 795 4150
Prof Svcspe 7-1-01 795 4150
8-5 Qwest billing 755 4210
July KIKN commercials #71 755 4410
July KONP commercials #71 755 4410
Magnetic flowmeter flowtube 755 4810
Annual membership dues 755 4901
Filter,rake,gauge,air chuck 755 3120
Island View Ests L-17 Escrow 755 4150
Prof Svcs pe 7-31-01-Landfill 755 4150
Prof Svcs pe 7-31-01-Landfill 795 4150
Prof Svcs pe 7-31-01-Landfill 795 4150
08-14 Qwest billing 755 4210
Purch L 17-lsland View Estates 755 4150
Grind wood waste 755 4810
Fair worker passes-Miller 755 4901
July Telecommunicatins svc 755 4210
Landscape maintenance-August 755 4150
Total for Solid ~aste Fund
Switch and outlet gaskets 913 4990
City rebate program-Ridout 913 4986
City rebate program-Chase 913 4986
Utility bill inserts 913 4410
City rebate program-Schleusner 913 4986
JU~ KONP commercials #235 913 4410
~ll KIKN commercials #235 913 4410
Page 25
Amount
12.20
12.04
73.00
140.00
362.58
2,362.50
96,837.85
96,743.87
39.08
735.76
42,802.02
5.25
73.10
2,425.85
81.15
231.00
228.00
76.52
96.08
4,513.49
15,780.25
55.93
82.84
51.25
37.50
3,639.42
121.00
80.83
3,000.00
3,336.16
10,667.17
913.25
117.13
n,016.00
11,198.70
48.00
19.42
1,347.09
178,819.24
38.96 .
1,000.00
800.00
259.68
800.00
1n.50
172.50
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Fnd Opt Check
Number
Vendor
Name
Vendor
NlJIlber
65198 Burton, Margie R0037
65199 Jones, John R R0038
65200 Judd, Jon R0039
65201 Koon, Jacqueline R0041
65202 Lowman, Gina R0040
65203 Medsker, Sheryl R0033
65204 Meyer, Kenneth R0042
65205 Neske, Jill R0043
65206 Parrill, John R0034
65207 Reetz, Darrel R0035
65208 Richter, Ed R0044
65209 Roedell, Deborah R0045
65210 Sampson, Kenneth R0046
65211 Sarna, Louis R0047
65212 Stratford, Cheri R0048
65213 Welch, Lawrence R0036
65215 A & J Glass Inc 01511
65238 Glass Services Co. Inc. 07037
65251 Mathews Glass Co. Inc. 13107
65262 Peninsula Daily News 16012
65330 Glass Services Co. Inc. 07037
65355 Port Angeles City Treasurer 03062
65402 Baker, Roy R0049
65411 C & F Insulation 03102
65425 Everwarm Hearth & Home Inc 05013
65437 Hogan, El izabeth R0050
65452 Kavanaugh, B J R0053
65455 Leinart, Tom and Virginia ROOS1
65456 Li nde, Donya R0052
65459 Mathews Glass Co. Inc. 13107
501
65139 Pettit Oil Company
16302
65252 McMaster-Carr Supply Co.
13202
Description
GL Code
NLIIlber
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program 913 4986
City Rebate Program-Gilchrist 913 4986
City Rebate Program-Rittenhous 913 4986
City Rebate Program-Nevaril 913 4986
Fiber Optic Pilot Project 913 4410
Windows/Doors rebate-Roberson 913 4986
Filing fees-Rinehart 913 4990
City Rebate Program 913 4986
City Rebate program-Heckman 913 4986
City Rebate program-Heckman 913 4986
City Rebate program-Reidel 913 4986
City Rebate program-Ogle 913 4986
City Rebate program 913 4986
City Rebate program 913 4986
City Rebate program 913 4986
City Rebate program 913 4986
City Rebate program-Money 913 4986
Total for Conservation Fund
Diesel fuel 501 1412000
Fuel 501 1412000
Diesel fuel 501 1412000
Diesel fuel 501 1412000
Diesel fuel 501 1412000
Compact strobe light 501 2370000
Total for Department
0007 64998 AT&T Wireless Services 01404 8-2 AT&T billing a/c 46204277 760 4210
64999 AVAYA INC 12215 08-02 Avaya billing 760 4210
65005 Alpine Auto Inc 01427 Fuel tank for Suburban 760 3402
65010 Angeles Auto Alectric 01067 Rebuild alternator 760 4810
65014 Angeles Lock Shop 12050 Keys 760 3402
Keys 760 3402
65042 Cornell Auto Parts 03092 si8r 760 3402
Page 26
.t
40.00
40.00
120.00
120.00
40.00
120.00
120.00
120.00
120.00
120.00
20.00
40.00
40.00
40.00
40.00
40.00
618.00
460.00
882.00
193.88
720.00
.
2,022.00
148.44
440.00
190.00
120.00
120_00
250.00
120.00
133.36
10,889.32
1,181.34
3,315.00
2,925.00
213.53
428.75
5.21-
8,058.41
32.29 .
7.82
~.
3.03
3.03
12.78
";~-;~~~~7~,::)':i,~;i;~~n~t:~~~
01/09112-08:46
. -' '~1~~?
City of Port Angeles - lIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
,c:'i.:Vi'i.',
4111tnd Opt Check
Nl.IIlber
Vendor
Name
Vendor
Nl.IIlber
65043 Denver's Tire Co. Inc.
04044
.
65045 Dobson's 04054
65052 Evergreen Towing 03207
65067 Heartline, The 08054
65075 Jim's Pharmacy (Inc) 10020
65079 Kaman Industrial Technologies 11082
65085 Les Schwab Tire Center (City) 19459
65086 Les Schwab TireCtr-Solid Waste 19755
65089 Lincoln Industrial Corp.
65102 Middleton Auto and Truck Inc.
12047
13117
.
-('
Description
Gl Code
NlIJ1ber
Caulking gun,automotive produc 760 3402
lubricant 760 3402
Flat repair,wheel change 760 4810
Flat repair 760 4810
Flat repair 760 4810
Safety check, turn rotors, labor 760 3402
Safety check, turn rotors, labor 760 4810
light switch, labor 760 4810
Instrument cluster, labor 760 3402
Instrument cluster, labor 760 4810
Flat repair 760 4810
Service call charge, tube 760 3402
Service call charge, tube 760 4810
Flat repair,wheel change 760 4810
Flat repair 760 4810
Safety check,labor,lubra kleen 760 3402
Safety check, labor, lubra kleen 760 4810
Safety check, labor, lubra kleen 760 3402
Safety check, labor, lubra kleen 760 4810
Safety check,labor,lubra kleen 760 4810
Safety check,labor,lubra kleen 760 3402
Flat repair,wheel change 760 4810
Alternator,belt,labor 760 3402
Alternator,belt,labor 760 4810
Flat repair,wheel change 760 4810
Safety check, labor, lubra kleen 760 3402
Safety check, labor, lubra kleen 760 4810
Safety check,labor,lubra kleen 760 4810
Safety check, labor, lubra kleen 760 3402
Flat repair 760 4810
Parts,service 760 3402
Parts,service 760 4810
Tow 2001 Chev Impala 760 4810
Vehicle battery 760 3402
First-aid supplies 760 3101
First aid kits,gloves 760 3402
Seal 760 3402
Plain radial bearing 760 3402
Tires 760 3110
Flat repair,radial repair 760 3402
Flat repair,radial repair 760 4810
Flat repair,wheel switch 760 3402
Flat repair,wheel switch 760 4810
Aluminum, labor 760 3402
Credit belt,core deposit,warra 760 3402
Core deposit,warranty 760 3402
Credit Muffler 760 3402
Spark plug 760 3402
Step 760 3402
F swivel 760 3402
~vel 760 3402
Page 27
Amount
42.59
14.01
22.18
6.49
6.49
13.26
33.54
20.83
355.97
97.39
12.98
21.65
8.11
22.18
6.49
13.26
17.31
13.26
17.31
17.31
13.26
22.18
200.18
14.60
24.35
13.26
17.31
17.31
13.26
10.82
148.27
151.48
67.63
54.05
329.89
503.43
5.28
61.85
244.42
10.01
39.92
20.02
32.40
90.89
263.79--
22.58-
88.n-
9.44-
68.80
24.09
13.85
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
September 12 2001
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Fnd Opt Check
Nl.Il1ber
Vendor
Name
Vendor
Number
65105 N C Machinery Co. 14001
65112 Novus Windshield Repair 14206
65117 Olympic Laundry & Clnrs Inc. 15026
65139 Pettit Oil Company 16302
Description
GL Code
Nunber
Oil filter,air filter,fitting 760 3402
Washers,fittings 760 3501
Automobile part 760 3402
Belt 760 3402
Alarm 760 3402
Turn lamp 760 3402
Heater core 760 3402
Light for vehicle 760 3402
Window handle 760 3402
F swivel 760 3402
Replacement glass,JWC head 760 3402
Air filter,oil filter,fuel fil 760 3402
Elbow 760 3402
Connectors, reducers 760 3101
Clamp,oil filter,air filter 760 3402
Part for trailer 760 3402
Connector 760 3402
Knob 760 3402
Clamps 760 3402
Static S 760 3402
Scotch tape 760 3402
Plug 760 3402
Socket 760 3402
Battery 760 3402
Oil filter,air filter,elbow 7603402
Filter kit 760 3402
Socket,nut 760 3402
Gasket 760 3402
Fitting 760 3402
Belt 760 3402
Fuse block 760 3402
Handle 760 3402
Cable 760 3402
Ignition,switch,filters,cleane 760 3402
Credit handle 760 3402
Hex die 760 3402
Alarm 760 3402
Alarm 760 3402
Lever 760 3402
Windshield 760 4810
Windshield repair 760 4810
June cleaning service 760 4990
July cleaning service 760 4990
July cardlock gas 760 3210
July cardlock gas 760 3210
July cardlock gas 760 3210
July cardlock gas 760 3210
July cardlock gas 760 3210
July cardlock gas 760 3210
JU~ cardlock gas 760 3210
iI~ cardlock gas 760 3210
Page 28
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AmOunt
59.82
16.68
5.66
33.17
10.95
28.05
43.30
139.61
12.37
27.53-
40.58
102.57
12.11
38.24
25.17
9.02
5.57
3.13
5.35
5.26
9.31
.
20.32
130.80
15.18
13.20
.87
4.41
16.59
17.85
11.88 '
39.14
125.37
11 .88-
1.93
146.43
146.43
4.49
238.04
27.05
242.94
161.33
22.49
30.62
19.48
.
43.60
111.17
36.90
1~i/"r~,'.fr},~:'.'\'0',\l\J!:;-~\~~~t1,';." ,i '. ~:"'-''':;
01/09/12-08:46 City of Port Angeles - LIVE MACHINE September 12 2001 Page 29
CHECK REGISTER
.nd Dpt Date From 08/11/2001 To 09/07/2001
Check Vendor Vendor Description GL Code Amount
Nunber Name NlIl1ber Number
July cardlock gas 760 3210 72.08
July cardlock gas 760 3210 14.44
July cardlock gas 760 4210 143.48
July cardlock gas 760 3210 73.39
July cardlock gas 760 3210 56.51
July cardlock gas 760 3210 85.22
July cardlock gas 760 3210 68.74
July cardlock gas 760 3210 44.13
July cardLock gas 760 4210 47.03
July cardlock gas 760 3210 24.23
July cardlock gas 760 3210 7.29
July cardlock gas 760 3210 48.13
July cardlock gas 760 3210 118.91
July cardlock gas 760 3210 80.93
July cardLock gas 760 3210 96.47
July card Lock gas 760 3210 73.46
July cardlock gas 760 3210 161.63
July cardLock gas 760 3210 108.50
July cardlock gas 760 3210 86.06
July cardlock gas 760 3210 70.82
July cardlock gas 760 3210 100.98
. July cardlock gas 760 3210 71. 69
July cardlock gas 760 3210 43.69
July cardlock gas 760 3210 62.91
July cardlock gas 760 3210 15.74
July cardlock gas 760 3210 30.51
July cardlock gas 760 3210 71.78
July cardlock gas 760 3210 36.78
July cardlock gas 760 3210 17.37
65142 Points Sharp SteeL Inc. 16092 Sharpening service 760 4810 31.47
Sharpening service 760 4810 16.82
65155 Richmond 2-Way Radio 18009 Lightbar,relay,controller,circ 760 4810 656.n
Repair broken wires 760 4810 21.64
Mini fuse holders 760 3402 20.55
65159 Ruddell Auto Mall 18019 Lever,handle assembly 760 3402 29.44
Lever 760 3402 29.66
Handle 760 3402 8.83
65175 State Chemical Mfg Co 19801 Urinal freshener 760 3101 85.57
651n Sunset Do-It Best Hardware 19035 Cylinder rent-June 760 3101 27.05
Gator seat 760 3402 135.87
Swivel jic 760 3402 9.50
Screws, needle 760 3402 7.65
o rings 760 3402 11.40
Bolt 760 3402 .74
Nuts,bolts 760 3402 18.31
Repair kit 760 3402 18.06
. NC tap 760 3402 17.29
Cyl inder rent 760 3101 27.05
65230 Copy Cat Graphics 03380 City logo decals for departmen 760 3402 2,672.10
65252 McMaster-Carr SuppLy Co. 13202 Cdrlact strobe light 760 3402 67.45
65272 Qwest 21001 ~ 4 Qwest billing 760 4210 23.43
01/09/12-08:46
Fnd Dpt Check
Nl.IIIber
City of Port Angeles - LIVE MACHINE
Vendor
Name
65285 United Parcel Service
65307 Ardisam Inc
65321 Day-Timers Inc.
65381 Washington (DIS), State of
65433 Costco Credit Card Pmts
65464 N C Machinery Co.
65475 Points Sharp Steel Inc.
65498 Viking Office Products
65509 Zee Medical Service Co.
502 0002
64999
65011
65126
65132
65272
65322
65367
65376
65381
65390
503 0001
65038
65047
65096
65137
65168
65231
65232
65239
65250
65295
AVAYA INC
Angeles Communications Inc
Pacific Office Equipment Inc.
Paymentech
Qwest
Dungeness Communications &
Source Master Inc
Verizon WireLess, BeLLevue
Washington (DIS), State of
ACCIS (Assn.of County/City
Clallam Co YMCA
Dyker, Ralph
McCracken, Phillip
Peninsula Radiologists P.S.
Sequim Aquatic Recreation Ctr.
Curves for Women
Cutler, Glenn
Gordy'S Pizza & Pasta
Marks, Arthur G.
AWC Employee Benefit Trust
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
Vendor
Number
21005
01510
04040
23111
03261
14001
16092
22054
26005
12215
01069
16004
16421
21001
04210
19813
01105
23111
IS) 01309
03076
04204
13646
16014
19015
03618
03509
07272
13002
01231
Description
July UPS Shipping chgs
July UPS Shipping chgs
Gear box
Desk pad refill,pocket refill
July Telecommunicatins svc
Hand tools
Alarm
Oil sample bottles
Rebuild turbo,gaskets,blades
Key set
Blade
Replace Unit injector
Replace Unit injector
Points, asphalt cutters
Pens,binder,planner,calendars
View binders
First aid suplies
September 12 2001
GL Code
Number
760 3402
760 3101
760 3402
760 3101
760 4210
760 3501
760 3402
760 3402
760 3402
760 3402
760 3402
760 4810
760 3402
760 4810
760 3101
760 3101
760'3101
Total for Public Works
Total for EquiPment Services Fund
08-02 Avaya billing 250 4210
Hook up extension 4758 250 4810
Printer,CD organizer 250 3101
Internet fee 250 4150
08-14 Qwest billing 250 4210
July internet site maintenance 250 4150
Legal fire file,transformer 250 3160
08-15 Verizon billing 250 4210
July Telecommunicatins svc 250 4210
FaLL Conference 2001-0'Neill 250 4310
Total for Information Technology Fund
Annual membership-Wu
Reimburse medical expenses
Claim settlement-FA Ctr 4-22
Claim settlement #16-01
Annual family pass-G Brooks
Annual Family pass-McCawley
Adjust Smith,Reidel,Daugaard
Membership Hamlin-019205
Membership-Filigno #019237
Membership-Hagar #019238
Wellness reimbursement
Meeting refreshments
Reimburse medical expenses
Medical
Life Ins
42ees
121 4150
121 4630
119 4999
119 4999
121 4150
121 4150
121 4150
121 4150
121 4150
121 4150
121 4150
118 4909
121 4630
121 4630
121 4632
121 4634
Page 30
.
Amount
14.69
4.11
153. 18
23.80
10.93
76.55
146.43
568.05
965.99
9.13
34.05
1,987.09
1,329.03
18.99
37.71
70.35
43.60
16,607.08
24,.
59.51
24.88
35.90
70.28
327.50
2,979.83
17.03
12.53
200.00
3,750.91
449.00
375.00
7,000.00
42.00
562.50
522.50
96.94-
343.43
343.43
343.43
49.50
1.
67,340.20
1,454.04
4,637.60
01/09112-08:46
,,,~''':~\~,''>!J.:1~~kf''lt~~?1~:il,
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City of Port Angeles - LIVE MACHINE
~nd Opt Check
Number
.
602 0002
650
.2 0008
Vendor
Name
65299 Radio Pacific Inc.
65319 Curves for Women
65345 Messinger, Larry
65401 Bailey, Jim
65403 Balser, Fred
65405 Bishop, Virgil
65407 Braun, Gary
65413 Cameron, Kenneth
65414 Camperini, Richard
65432 Grooms, Mike
65436 Healthcare Mgt Administrators
65438 Hunt, James
65448 Johnson, Donald G
65450 Johnson, Harry
65451 Jorissen; Robert R
65457 Lindley, James K.
65458 Loucks, Jasper
65461 Miesel, Phil
65462 Rainier EAP-
65463 Morgan, Roy
65465 NW Admin Transfer Acct
65487 Sweatt, Johnnie
65489 Thompson, Bruce
65493 Turton, F. Gale
65494 UNUM Life Ins Co of America
CHECK REGISTER
Date From 08/11/2001
Vendor
Nl.IIIber
11019
03618
13047
02567
02243
02019
02173
03252
03273
07187
08492
08176
10052
10047
10013
12019
12186
13261
18057
13145
14169
19146
20083
20041
21000
65500 WCIA 23204
760855 HealthcareMgt Administrators 08492
769778 Healthcare Mgt Administrators 08492
65295 AWC Employee Benefit Trust
65424 Evans, Sid
65435 Hansen, George D.
65214 Port Angeles Downtown Assn.
65265 Port Angeles Downtown Assn.
01231
05103
08048
16024
16024
64999 AVAYA INC 12215
65066 Hartnagel Building Supply Inc. 08052
65126 Pacific Office Equipment Inc. 16004
09/07/2001
Description
Claim settlement
Membership-Roedell-019251
Reimburse medical expenses
Reimb Medicare premium-Sept
Reimb Medicare premium-Sept
Reimb Medicare prem-Sept
Disability Board claims-August
Reimb Medicare prem-Sept
Disability Board claims-August
Reimb Medicare prem-Sept
Reimb Medicare premium-Sept
Disability Board claims-August
Dental management fee-Sept
Reimburse medical expenses
Reimb Medicare premium-Sept
Reimb Medicare premium-Sept
Disability Board claims-August
Reimb Medicare premium-Sept
Reimb Medicare premium-Sept
Reimb Medicare prem-Sept
August svcs
Reimb Medicare premium-Sept
Non-Sworn Sept premium
Sworn Sept premium
Retirees Sept premium
Reimb Medicare prem-Sept
Disability Board claims-August
Disability Board claims-August
Admi n Sept premi um
Police,IBEW Sept premium
Reimburse expenses incurred fr
Weekly claims pd EFT 760855
Weekly claims pd EFT769778
September 12 2001
GL Code
Number
119 4999
121 4150
121 4630
121 4635
121 4635
121 4635
121 4635
121 4635
121 4634
121 4635
121 4635
121 4634
117 4601
121 4630
121 4635
121 4635
121 4634
121 4635
121 4635
121 4635
121 4150
121 4635
121 4633
121 4633
121 4634
121 4635
121 4634
121 4634
121 4631
121 4631
119 4999
117 4601
1174601
Total for Self - Insurance Fund
Firemen's pension
Reimb Medicare prem-Sept
Reimb Medicare prem-Sept
225 4635
225 4635
225 4635
Total for Firemen's Pension Fund
PBIA Receipts
Parking Decal,Lease receipts
Parking Decal,Lease receipts
650 2319200
650 2290000
650 2319100
Total for Off - Street Parking Fund
08-02 Avaya billing
Painting supplies
043- cartridge
868 4210
868 3101
868 3101
Page 31
Amount
80.46
343.43
81.88
50.00
45.50
94.00
46.00
50.00
89.09
75.00
50.00
348.00
1,637.60
41.38
50.00
50.00
120.00
45.50
85.00
46.10
330.00
46.10
12,631.30
14,902.80
7,312.30
65.70
29.14
56.70
1,281.09
1,022.59
7,583.99
411.39
1,863.50
134,527.11
2,576.40
45.50
46.80
2,668.70
11,000.00
3,000.00
3,000.00
17,000.00
7.82
11.65
29.22
01/09/12-08:46
City of Port Angeles - LIVE MACHINE
CHECK REGISTER
Date From 08/11/2001 To 09/07/2001
September 12 2001
Fnd Opt Check Vendor Vendor Description GL Code
Number Name N\RIIber Nl.Illber
65131 Parker Paint Mfg Co. Inc. 16201 Painting supplies 868 3101
65180 Swain's General Store Inc. 19037 Velcro tape 868 3101
Soap,tissue,paper towels 868 3120
Trash bags,brushes,gloves 868 3120
65272 Qwest 21001 08-14 Qwest billing 868 4210
65381 Washington (DIS), State of 23111 July Telecommunicatins svc 868 4210
65480 Qwest 21001 08-14 Qwest billing 868 4210
08-23 Qwest billing 868 4210
Total for Esther Webster Trust Fund
698
65237 Flex-Plan Services (Payroll) 06062
65255 Office of Support Enforcement 15072
65256 Office of Support Enforcement 15166
65279 States West Life Insurance Co. 19313
65284 US Department of Education 21075
65286 United Way (payroll) 21028
65288 Volunteer Fire Association 22060
65391 AFSCME Local #1619 01152
65392 AFSCME Local #1619 Scholarship 01153
65420 DiMartino/WSCFF Disability 06052
65422 Employees Association 05041
65427 Firefighter's Local #656 06076
65439 IBEW Local #997 09034
65468 Office of Support Enforcement 15072
65469 Office of Support Enforcement 15166
65476 Police Association 16156
65488 Teamsters Local #589 20056
65495 US Department of Education 21075
65496 United Way (payroll) 21028
65502 WSCCCE, AFSCME, AFL-CIO 23167
Payroll deductions pe 08-19
Payroll deductions pe 08-19
Payroll deductions pe 08-19
Supplemental life ins-Sept
Payroll deductions pe 08-09
Payroll deductions pe 08-19
Payroll deductions pe 08-19
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
Payroll deductions pe 09-02
698 2315210
698 2315210
698 2315210
698 2315160
698 2315210
698 2315240
698 2315210
698 2315200
698 2315200
698 2315190
698 2315210
698 2315200
698 2315200
698 2315210
698 2315210
698 2315210
698 2315200
698 2315210
698 2315240
698 2315200
Page 32
.nt
13.35
9.54
11.45
10.37
23.43
37.90
59.60
60.50
274.83
962.48
1,298.05
181.38
506.80
69.41
350.07
42.00
82.00
164.00
792.27
1,.
560.20
1,298.05
181.38
255.00
1,692.00
69.41
350.07
2,918.22
Total for Accounts Payable Clearing Fund 13,164.79
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Grand Total 1,249,644.41
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE: September 6,2001
TO: Mayor Doyle and City Council
FROM: Dan McKeen, Fire Chief
SUBJECT: Public Display of Fireworks Permit
Summary:
RCW 70.77.280 requires approval from the governing body for discharging fireworks on days
other than the 4th of July. The High School homecoming game has had a public fireworks display
for the past several years with no problems.
Recommendation:
The City of Port Angeles Fire Department recommends approval for Entertainment Fireworks,
Inc., to conduct a public display of fireworks on the 12th day of October, 2001, at Civic Field for
Port Angeles High School homecoming game.
BACKGROUND/ANALYSIS:
The City of Port Angeles Fire Department has received a request from Entertainment Fireworks,
Inc., to conduct a public display of fireworks on October 12,2001. RCW 70.77.280 requires local
fire officials receiving a request to conduct a public display of fireworks, investigate whether the
character and location of the display proposed would be hazardous to property or dangerous to
persons. A report of findings and a recommendation for or against the issuance of the permit shall
then be forwarded to the governing body of the City. The governing body may grant or deny the
application and may place reasonable conditions on the permit.
The Fire Department has received a request from Entertainment Fireworks Inc. and has the following
findings.
1. The company is currently licensed with the State Fire Marshal's Office for discharging a
public display of fireworks.
2. Employees of Entertainment Fireworks, Inc., have conducted public firework display shows
at Civic Field in Port Angeles in the past with no problems.
45
City Council
Page 2
September 6, 2001
3. The company is bonded and meets the requirements ofRCW 70.77.295.
4. The pyrotechnician in charge of discharging is state licensed.
5. Discharging of fireworks will comply with RCW 212-17 (Public Displays of Fireworks).
As a result of these findings, approval is recommended for Entertainment Fireworks, Inc., to conduct
a public display of fireworks on the 12th day of October, 2001, at Civic Field for Port Angeles High
School homecoming game.
DM/cw
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Cable Television and Telecommunications
Needs and Interests Report
August 31, 2001
Prepared for
The City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, W A 98362-0217
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METROPOLITAN
COMMUNICATIONS
CONSULTANTS
Seattle: 5847 McKinley PI. N., Seattle, Washington 98103
Tel: 206.522.6778 Fax: 206.522.6777
Tacoma: 1201 Pacific Avenue, Suite 1702, Tacoma, Washington 98402
Tel: 253.272.1636 Fax: 253.272.1482 www.mcco.com
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THE CITY OF PORT ANGELES
321 East Fifth Street, Port Angeles, W A 98362-0217
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CITY COUNCIL
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Larry Doyle, Mayor
Cathleen McKeown, Deputy Mayor
Orville Campbell
Lauren Erickson
Jim Hulett
Glenn Wiggins
Larry Williams
Michael Quinn, City Manager
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Project Consultants
Metropolitan Communications Consultants, LLC
Seattle and Tacoma, Washington
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Metropolitan Communications Consultants
8/31/01
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CABLE TELEVISION AND TELECOMMUNICATIONS
NEEDS AND INTERESTS REPORT
August 31, 2001
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TABLE OF CONTENTS
page
1
1
4
9
10
13
14
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CABLE TELEVISION RELATED NEEDS AND INTERESTS
A. Findings and Recommendations
1. Introduction and Background
2. Cable Television Related Findings
3. Cable Television Related Recommendations
B. Past Performance
4. Compliance with Franchise Required Provisions
Exhibit 1: Operator Compliance with
Franchise Required Provisions
7-8
C. Needs and Interests
5. Compliance with Subscriber Current Needs and Interests
Exhibit 2: Compliance with Subscriber
Current Needs and Interests
6. Subscriber Future Needs and Interests
Exhibit 3: Subscriber Future Needs and Interests
TELECOMMUNICATIONS RELATED NEEDS AND INTERESTS
D. Findings and Recommendations
7. Introduction and Background
8. Telecommunications Related Findings
9. Telecommunications Related Recommendations
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11 - 12
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E. Needs and Interests
10. Current Services and Future Subscriber Needs
Exhibit 4: Voice, Video, Wireless Communications
Exhibit 5: Data Communications, Internet Access,
LAN/WAN Computer Networks
Exhibit 6: Respondents' Resources and Opinions
Metropolitan Communications Consultants
8/31/01
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APPENDICES TO
CABLE TELEVISION AND TELECOMMUNICATIONS
NEEDS AND INTERESTS REPORT
August 31, 2001
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APPENDICES
F. Cable Television Related Appendices
11. CATV Sample Survey Forms
12. CATV Exhibit 2 Charts: Subscriber Current
Needs and Interests Charts (7 of 7)
13. CATV Exhibit 3 Charts: Subscriber Future
Needs and Interests Charts (6 of 6)
14. CATV Subscriber Comments
G. Telecommunications Related Appendices
15. Telecom Providers and Users Contacted
16. Telecommunications Needs and Solutions Workshop
Executive Summary
17. Telecommunications Sample Survey Forms
18. Telecommunications Exhibit 4-6 Charts (4 of 4)
19. Telecommunications Survey Comments
H. Cable Television Franchise Renewal
20. Informal Proposal for the Cable Franchise Renewal
Exhibit A - Acceptance of Franchise
Exhibit B -- Grantee Furnished Connections
to Community Facilities
Exhibit C - Subscriber Service Standards
Exhibit D -- Subscriber Service Reporting Requirements
Exhibit E -- Public Utility Tax Ordinance Amendment
Exhibit F -- Northland Fiber Upgrade Plan
and Node Service A
This document is on file and available for inspection at the offices of the
City of Port Angeles, 321 East Fifth Street, Port Angeles, W A 98362-0217
(attention: Mr. Larry Dunbar).
Copies may be obtained for the cost of printing.
page
1-3
4-10
11 - 16
17 - 30
32 - 33
34-36
37 - 40
41 - 42
43-83
84
85-88
89 - 96
97 - 98
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CABLE TELEVISION RELATED NEEDS AND INTERESTS
Page 1
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A. FINDINGS AND RECOMMENDATIONS
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1. Introduction and Background
Northland Cable Television's fifteen-year non-exclusive cable television franchise, granted by the City of
Port Angeles on December 15, 1987, will expire on September 30, 2003. On October 17, 2000, following
receipt of Northland's request for renewal dated October 3,2000, Metropolitan Communications
Consultants (MCC) was authorized by the City to assist in beginning a public proceeding and in the
preparation of a needs and interests ascertainment in accordance with the formal procedures described in
Section 626 of the Cable Communications Policy Act.
The City and MCC's work on review of the operator's past performance and ascertainment of future
cable-related community needs and interests was begun in December, 2000 and included the following
components:
. On-line Internet and Mail-in Survey, conducted between February 24, 2001 and May 8,2001. The
survey was posted on MCC's project website on February 24, 2001 following publicizing by the City
through an advertisement in the Peninsula Daily News, notices distributed at the Home Show on the
weekend of February 24, 2001 and inserted into utility bills mailed out to customers. A sample copy of
the survey forms is given in Appendix F.ll.
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The total number of on-line and mail-in responses received through May 8, 2001, the conclusion of the
survey period, was 354.
. Compliance Review. A review of City records and documents related to the existing cable franchise
was conducted, ending on April 25, 2001. The major documents reviewed included:
a. Franchise fee payment documentation. Fee computations from 1987-1990 are unclear as reported
further on in Exhibit 1 section 14. From 1991-1996, a City approved calculation form was
employed that greatly assisted City review. Since 1996, however, use of the form has been
discontinued, despite City requests.
b. Operator's Annual Report to the City. Of the 14 reports covering the franchise period (1987-2000),
nine (1987, 1989-1996) were prepared by 3H Cable Communications Consultants; three (1988,
1999-2000) by Northland itself, and two (1997-1998) are missing.
c. Citizen relations documents on file at the City, including customer notices, programming and
rate matters, grievance resolution, and senior discount issues. Copies of documents referenced in
the summary exhibits are contained in a separate file of worksheets available for inspection at the
offices of the City of Port Angeles, 321 East Fifth Street, Port Angeles, W A 98362-0217 (attention:
Mr. Larry Dunbar).
Informal Discussions. Informal discussions by City representatives and MCC have been ongoing since
February 2001 with Northland representatives, including Pete Grigorieff, General Manager; Michael
Roberge, Operations Manager Western Division; Michael Sturgeon, P.A. Operations Manager; and
Richard J. Dyste, Vice President, Engineering.
Three face to face and four telephone conference meetings have explored City cable related and
economic development needs, Northland upgrade planning, and the possibility of working together to
meet common goals for mutual advantage.
Informal discussions by written correspondence have also been conducted with University of
Washington TV and Washington State University TV regardi~g educational access.
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2. Cable Television Related Findings
Section 626(c)(1)(A-D) of the Cable Act lists four factors which are the basis for the City making its
decision to grant or deny the operator's proposal for renewal. These four factors and the corresponding
findings of this report are given below:
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Metropolitan Communications Consultants
8/31/01
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Cable Television Related Needs and Interests
Page 2
(A) The cable operator has substantially complied with the material terms of the existing franchise
and with applicable law;
(favorable finding - substantial compliance, see Exhibit 1 and summary paragraph below)
(B) the quality of the operator's service, including signal quality, response to consumer complaints,
and billing practices, but without regard to the mix or quality of cable services or other services
provided over the system, has been reasonable in light of community needs;
(adverse finding - see Exhibit 3, summary paragraph below and Appendix F.14)
(C) the operator has the financial, legal, and technical ability to provide the services, facilities, and
equipment as set forth in the operator's proposal; and
(not applicable - future determination upon City receipt of proposal)
(D) the operator's proposal is reasonable to meet the future cable-related community needs and
interests, taking into account the cost of meeting such needs and interests.
(not applicable - future determination upon City receipt of proposal)
A summary of the data gathering and findings and analysis of the needs assessment is presented below.
Compliance with Franchise Required Provisions (reference: Section 626(c)(1)(A)}
. During the term of the existing franchise, the operator was in compliance with the franchise provisions
as shown in Exhibit 1, and as summarized below:
- 14 of 58 franchise provisions 24.1 % Full compliance
- 27 of 58 franchise provisions 46.6% Full compliance based on no contrary record
- 14 of 58 franchise provisions 24.1 % Substantial compliance
- 2 of 58 franchise provisions 3.4 % Partial compliance
- 1 of 58 franchise provisions 1.7% Non compliance
. The full compliance shown above in the second item is based upon the non-existence of any contrary
record in the City's files and is more an indication of the need for franchise management than an
endorsement of compliance by the operator.
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Subscriber Needs and Interests (reference: Section 626(c)(1)(B)}
During the term of the existing franchise, subscribers were generally satisfied within 3 of 6 service
categories as shown in Exhibit 2. These categories were billing procedures, service quality, and
installation and repair service, and in spite of complaints, majority subscriber response indicates
substantial compliance with their needs and interests (Exhibit 2 and Exhibit 2 Charts).
Subscribers' response to the operator's performance in the remaining 3 categories of monthly rates,
programming and customer relations however, is strongly negative (Exhibit 2).
Monthly rates. The greatest subscriber dissatisfaction is in the area of rates as evidenced by a 91 %
negative response together 91 negative comments (Appendix A). Complaints covered senior discounts
(6), unreasonable basic rate charges (22) and poor value (63). 48 comments were received stating that
subscribers had changed to satellite service as a result primarily because of better rates and value.
Programming. 83% of responses and associated comments, stated subscriber dissatisfaction with
programming quality (21), content (28), disappointment at the loss of local news (16), unavailability of
sports coverage (9), governmental affairs (6) and content of music channels (9). Subscribers were also
upset with lack of opportunity for subscriber input (7), channel substitutions and elimination by the
operator (20), and apparent disregard of subscriber preferences (33).
Customer relations. Although the responses received are apparently equally divided, subscriber
comments are almost entirely strongly negative (Appendix A). More frequently, complaints were
directed toward customer relations (13), perceived as rude and arrogant.
Pursuant to the response of Port Angeles's subscribers, it is important for the City to retain flexibility
to regulate rates to the extent allowed under federal law .
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Cable Television Related Needs and Interests
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. The ascertainment indicates a need in the new franchise for specific standards to measure the
operator's performance and adequate remedies to ensure the standards are met.
. A set of subscriber service standards, modeled after FCC customer service standards in 47 CFR 76.309,
is included as Exhibit B in Appendix D. The FCC standards address the performance of the operator in
the areas of telephone response, repair service, installation, billing practices, and system reliability.
The operator's comments should also being considered.
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Community Needs and Interests
Free cable television basic service to public buildings is an existing provision in Section 5 (5) of the
current franchise. This service meets a continuing need and should be continued in the franchise.
. Broadband cable Internet access is a service that would greatly benefit schools and public institutions
to enable fast, convenient, information access. The new franchise should require the operator to
provide this service in a fashion comparable to its free cable television to schools and public buildings.
. On March 29 2001, the City received notification from the University of Washington of its strong
interest in utilizing an educational access channel to make UWTV available in Port Angeles.
. Washington State University has also talked with the City regarding educational access and is
awaiting funding prior to being able to make a decision at this time.
. It appears that with growing awareness, utilization of educational and governmental access could
rapidly require the provision of additional access channels. Provision for this likelihood, along with
the associated need for resources, equipment, facilities, and funding support should be made in the
new franchise.
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Term of the Agreement
Rapidly advancing telecommunications technology and the dynamic nature of the industry present a
risk for the City of Port Angeles to enter into a long-term agreement without substantial safeguards.
The City would be best served in a renewed franchise agreement by a term that provides flexibility for
change while safeguarding subscriber and community interests. The 15-year term of the existing
franchise is no longer reasonable or practical.
. As a general principle, a franchise term should reasonably allow the cable operator to recover its
franchise-required investment. It is the operator's decision however, to determine the magnitude of
that investment. In other words, the investment should drive the term~ and not the term the
investment.
. This assessment finds that a minimum non-renewable term should be adopted if there is no new
capital investment in cable plant by the cable operator, specifically including an institutional network
and additional fiber strands to permit emerging broadband cable services by the operator or others.
. The minimum term however, should be extended commensurate with the operator's capital
investment, and the length of the extension should be sufficient to allow the operator to recover its
investment in compliance with the terms of the City's franchise.
Franchise Fee
. Section 542(b) of the Cable Act permits cities to charge a 5% franchise fee based on the operator's gross
revenues from the operation of a cable system. The payment of a franchise fee is considered
compensation for use of public rights of way.
In 1996, the Association of Washington Cities surveyed 201 Washington cities and found that 132
(66%) charged a cable television franchise fee, with the average franchise fee charged being 4.1 %. The
same survey also reported 40 cities (20%) were charging a separate utility tax, which averaged 5.5%, in
addition to the cable television franchise fee.
. There will be ongoing expenses for management and enforcement of a new franchise and access
channel activity management. These needs justify the franchise fee as well as not crediting it to any
utility tax on cable television services.
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Metropolitan Communications Consultants
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Cable Television Related Needs and Interests
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Franchise Management and Adequate Sanctions
The experience of the current franchise has shown the need for franchise management with dedicated
resources and support funding to ensure full compliance and to realize provisions having substantial
value and benefit to the City.
The City needs internal procedural guidelines to clearly define its purpose, policies, responsibilities
and procedures for franchise management to avoid unintentionally allowing the cable operator to
delay or not fulfill its franchise obligations.
Examples include proper and timely payment of franchise fees, independent compensation audits,
proper inclusion of annexation area revenues in franchise fee calculations, proper notification and
reporting of available discounts, and compliance in providing service to community facilities.
The experience of the current franchise has shown that sanctions are necessary to ensure franchise
compliance. While the current franchise includes provisions for termination (Section 20, Ordinance
2470) and remedies (Section 21), the remedies are not specific, are too general and not easily
enforceable. An array of appropriate and adequate sanctions is needed.
The City needs security for the faithful performance of all provisions of the franchise. A letter of credit
as security for liquidated damages, among other items, is a need that should be covered in the
franchise.
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3. Cable Television Related Recommendations
On the basis of the findings of current and future cable related needs and interests of the community, the
following recommendations are made for inclusion in the renewal cable franchise ordinance:
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Term
. A minimum non~renewable term of four (4) years is recommended if there is no new capital
investment in cable plant by the cable operator, specifically an institutional network (I-Net), reserve
capacity for future upgrades and broadband cable services.
. A six (6) year extension is recommended subject to
_ Completion and activation of an I-Net within nine (9) months after the effective date of the initial
four-year term of the renewed franchise, and
_ The provision of a minimum reserve capacity of 48 strands of single mode optical fiber for future
upgrades and open access broadband cable services.
Franchise Fee.
. A franchise fee of 5% in accordance with 47 USC s542(b) is recommended.
. It is also recommended if Chapter 5.80 P AMC is amended to establish the collection of a public utility
tax on cable television business, that all or part of the franchise fee be credited toward payment of the
public utility tax to obtain parity in cable television and telecommunications taxation.
Franchise Management
. The City should assign staff, support and funding for cable television franchise management.
Franchise management duties would be to monitor and oversee fulfillment by the cable operator of its
obligations under the franchise provisions.
. The City should develop its internal franchise management capabilities, and utilize outside resources
as necessary, to properly manage the new franchise to protect subscriber, community and City
interests, and to ensure compliance by the Grantee with all franchise provisions. This need is
heightened during the extended term.
Liquidated Damages for Franchise Violations
. To provide motivation for the Grantee to comply with terms of the franchise, liquidated damages
should be paid to the City for Franchise and Subscriber Service Standards violations.
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Metropolitan Communications Consultants
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Cable Television Related Needs and Interests
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. Payment of liquidated damages should be guaranteed by a letter of credit on behalf of the City, at a
bank in Port Angeles, to be provided by the Grantee. It is recommended that the new franchise
provide for a letter of credit and that the requirement not be waived.
The following schedule of liquidated damages is proposed:
- Failure to provide and maintain requested Cable Service to any household in the Franchise Area:
fifteen cents ($0.15) per affected household, for each day that such failure continues;
(not to exceed one thousand dollars ($1000) per day)
- Failure to promptly provide data, documents, maps, reports or information to the City:
two hundred and fifty ($250) per day, for each day such failure continues.
- Failure to provide an Access Channel and other resources in accordance with Franchise guidelines:
three hundred dollars ($300) per day for each day such failure continues.
- Failure to comply with City Requirements concerning construction in the Public Rights-of-Way:
two hundred dollars ($200) per day for each day such failure continues.
- Failure to substantially comply with a material requirement of Subscriber Service Standards:
two hundred dollars ($200) per day for each day such failure continues.
- Failure to substantially comply with technical and performance specifications upon completion
and activation of the institutional network:
three hundred dollars ($300) per day for each day such failure continues.
- If the Grantee accepts the extended term previously described in the extended term
recommendation, failure to comply with completion and activation of an I-Net within nine (9)
months after the effective date of the initial four-year term of the renewed franchise, or failure to
provide required reserve capacity for future upgrades and open access broadband cable services:
five hundred ($500.00) dollars per day for each day such failure continues.
Subscriber Needs and Interests
. Subscriber Service Standards (Exhibit C in Appendix H.19) should be incorporated into the Franchise
ordinance.
. Grantee should be required by the Franchise to demonstrate to the City within the first year of its
Franchise term, the results of its efforts to address the major areas of subscriber complaint disclosed by
the City's current ascertainment, that is rates, programming and customer relations.
. It is also recommended that the Franchise include a requirement for the Grantee to implement a public
relations program to address the major areas of subscriber complaint and that the City reserve the
right to review and comment on the program at reasonable intervals.
Community Needs and Interests
. An activated cable television drop and basic cable television service should be provided, at no cost, to
the City designated community sites listed in Exhibit B of Appendix H.19.
. The franchise should require the Grantee to provide each City designated site listed in Exhibit B of
Appendix H.19, a free cable modem and a free connection to an Internet service provider to the extent
such service is available on the grantee's cable system.
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Access Channels
. In addition to the current activated access channel (Channel 21), the franchise should require the
grantee to provide up to two additional activated access channels when existing channel utilization
reaches predetermined levels.
. There should be one access Channel available to be dedicated exclusively for either educational or
governmental use, to be designated by the City, if it is fully utilized.
. To provide funds for an adequate access channel system, the Grantee should provide the City:
- A capital contribution for production facilities and equipment of $150,000 during the first four-year
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Cable Television Related Needs and Interests
Page 6
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term of the franchise.
- An additional capital contribution for production facilities and equipment up to an amount equal
to $30,000 per additional year of any extended term.
- An annual operational contribution to support the adequate operation of access channels in the
amount of 15 cents per subscriber per month.
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Broadband Network and Institutional Services
A traditional approach to institutional networks is for a cable operator to provide a City such a facility
as an incremental addition to a cable system upgrade. The completed network is usually a dark fiber
network with equipping, activation, operation and network management by the City. The result is a
network with" split" ownership and operation, the transmission cable owned and maintained by the
Grantee and the network equipment owned, operated and maintained by the City..
In view of the City's goal is to facilitate the development of a citywide broadband, open access
network, and in view of the immediate opportunity to realize this goal through the Northland cable
system upgrade, an alternate concept is recommended:
- That Northland build, own and operate, either by itself or by contract with others, a broadband
network through its upgrade and provide institutional services to the City and other qualified
institutional users.
- The large group of institutional customers in effect become the" anchor tenant" for the new
network and represent an instant, stable, long term customer, that will immediately generate
revenue to alleviate less profitable network early startup concerns.
- The City and other institutional users will pay a discounted monthly service charge that will be
cost based, with credit given for any network capital investment made by the City.
The franchise should therefore require the Grantee upgrade its cable network to provide broadband
services in addition to upgraded cable television service.
The upgraded broadband network should have a minimum of 96 backbone strands of single mode
fiber, a minimum of 4 strands of single mode fiber in the service drops to connected sites and all
network equipment required to activate the network.
All public sites designated by the City shall be connected to the network and shall have broadband
capability for bi-directional voice, data, and video communications between connected sites.
The Grantee shall prepare, and obtain approval of a design from the City, for the upgraded network,
complete with activation network equipment, within 130 days of the effective date of the renewed
franchise agreement.
In lieu of constructing duplicate facilities, Grantee shall seek authorization and use such existing fiber
owned by any other parties, as suitable and available, for incorporation into the upgraded network.
The Grantee should complete and have the upgraded network ready for service within nine (9)
months after the effective date of the renewed franchise agreement.
The Grantee shall pay the cost of the upgraded network including service drops to designated City
and other institutional sites. Extensions of the network and service drops to future City sites and all
non-city institutional sites shall be provided at the expense of the user requesting connection.
The Grantee shall own, operate and maintain the upgraded network to meet or exceed FCC standards
at all times, and may charge the City and other institutional users a monthly usage fee. The usage fee
shall take into consideration and give credit for any network capital investment made by the City or
other institutional user.
. The usage fee should also be limited to Grantee's direct costs, subject to audit by the City, and should
be a credit on its franchise fee due.
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End of cable television related recommendations
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Metropolitan Communications Consultants
8/31/01
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Cable Television Related Needs and Interests
Page 7
8.4 PAST PERFORMANCE - Compliance with Franchise Required Provisions
reference compliance
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Section 3: Compliance with Laws, Rules and Regulations
Licensinq PAMC 5.04 ...
Taxation PAMC 5.8
Construction & excavation in riqhts of way PAMC 11.08 No contrary records
Right-of-Way Use PAMC 11.12
Section 4: CompanJ Liabilitr, Indemnification of Citr, and Insurance
Bodily injury, $1 m per occurrence Franch 4(3) a 3 x A23 -OK every year except for 7/88-7/89, BI & PI
Property damaQe, $1 m per occurrence Franch 4(3)lb 3 x combined was $1 m, thereafter compliant
Auto coveraqe, BI & PI of $lm/occurrence Franch 4(3) c 3 x
Endorsement for complete oP. coveraQe Franch 4(3) dl 3 "
DesiQnation of additionally insureds Franch 4(3)(e) 3 x Not specified on certificates of insurance
File certificate w~h City Clerk Franch 4(3)(1) 3 ..J
Section 5: SJstem Standards
FCC and NGA recommended practices Franch 5(1 )(a) 3-4 No contrary records
Initial>23 channels, stereo;3ooMhz, 30 channels Franch 5(1 )(c) 4
330Mhz within 3 years, > 35 channel capacity Franch 5(1 )(c) 4 56 - Indicates that this Qoal was met --
--
If >6 cities in Exh A have >4ooMhz w/54 channels PA Franch 5(1 )(c) Not No request records
4
can request similar rebuild to 400 Mhz Applicable 55 - Council letter only to consider public hearinq.
Access limitinq devices upon subscriber request Franch 5(1)(e) 5 No contrary records
Initially, 1 channel for schools and gov. Franch 5(1 )(1) 5 Ch 21 was used in 1993, still in use per 59 of 3/23/01.
w/ step UP based on Mhz and utilization ..J
Connections to PEG aqencies utilizinq access channel Franch 5(1 )(t) 6 ~n!rary records _______
Upon request, furnish character generator Franch 5(1 )(9) 6 I " 52- Furnished to City in 1993 +$12,500 in 1994
1-- -.--
Option of terminatinQ services outside residence Franch 5(1 )(h) 7 .... No contrary records
Construction compatible, not interfere with traffic. Franch 5(2 7 No contrary records
Provide Quality television reception Franch 5(3 7 x 57, 510 - customer complaints
Installation conform to NEC Franch 5(4 7 No contrary records
1 free outlet to schools, max of 3 to city offices Franch 5(5) 8 No contrary records
Section 7: Customer Service
Service rules to subscribers Franch 7 8 " Appears to have been followed
24 hr. telephone response Franch 7(1) 9 x A 21 - Not replying to customer
record complaints requiring service calls 58 - No timely response
Repairs and responses on day of customer contact, if Franch 7(2-5) 9 x A 21 - Not replying to customer
possible 58 - No timely response
Pro-rata rebate for 24 consecutive hour interruptions Franch 7(8) 10 .... No contrary records
Section 8: Condition on Street Occupanq
Use Franch 8 10
Restoration Franch 8 10
Relocation Franch 8 10
Placement of fixtures Franch 8 11
T emporarv rearranQement of facilities Franch 8 11 No contrary records
Interruption of company facil~ies Franch 8 11
Tree trimminq Franch 8 12
Underground Franch 8 12
Exhibit 1: Operator Compliance with Franchise Required Provisions
Metropolitan Communications Consultants
8/31/01
Cable Television Related Needs and Interests
Page 8
8.4 PAST PERFORMANCE - Compliance with Franchise Required Provisions (continued)
reference compliance
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Section 9: Discriminatory practices prohibited
Services available to all city citizens
No distinction to persons similarly situtated
Section 10: Coverage Areas
Coverage uniform and complete for all areas
Section 11: Transfer of Ownership
City approval of sale, transfer,lease, assignment
File copy within 60 days after approval
Section 13: Franchise Fee
records
records
No contrary records
1 st 5 vrs, franchise fee of 4% of gross receipts Franch 13(11 15 "
After 5 yrs, franchise of 5% of gross receipts Franch 13(1) 15 , A 1 - Audited by city, short ($5,659)
A12 - Fee calculation error, disouted (Baltimore case)
Fee to be paid before 7-15 and 1-15 Franch 13(2) 15 x A7, A18, A19, A20, A26 -tardy (mostly a few dayS)
....... A5 - Computations unclear up to 1990
Financial report showing basis for computations .... A4 - Not in compliance with city request to use form
furnished the City Treasurer with each payment Franch 13(3) 15 A 14 - No record of computations found
... Since 1996, no record of comoutations using City form
Section 14: Review of System Standards
Annual test of facilities' rformance
Annual report to City at time it is sent to FCC
Section 15: Rates
File a complete schedule showing all rates within 30 Franch 15(2) 17 "
days of beginning of franchise term .-----------
Provide city and all subscribers a minimum of 30 days Franch 15(3) 17 x A15,16, 24 - city and customers not timely notified
written notice of rate changes
Basic services 1 5% and installation 50% discount for 17
customers over 62 or permanently disabled with income Franch 15 18 x A 17 -Providing discounts but with discrepancies
below poverty leveL
Section 16: Local Business Office, Records, and Reports
Local office to provide convenient access Franch 16 18 A6 - Did not meet FCC normal business hours of at least
and normal business hours x one night/week and/or some weekend hours
City may audit companv books at end of fiscal year Franch 16 18 "
Annual report within 120 days of close of company's Franch 16 18 x A3 -Al0 - A24 Annual reports furnished, but incomplete
I year end uoon cilv reauest
Section 17: Annual Meeting
Annual meeting per City request to review performance
of recedin r
No contrary records
Section 18: System Data
City may inspect maps and data at any time during
normal business hours, in P.A.
Section 19: Franchise Renewal, Permit and Inspection Fees
No contrary records
Pay reasonable City costs of franchise renewal, permits, Franch 19 19 " 2-9-88
inspections, etc.
Pay city for out of pocket expenses Franch 19 19 " 2-9-88
within 30 davs of receipt of invoice
Section Z3: Emergency Use
Usage of company facilities during local emergencies
No contrary records
Exhibit 1 (continued): Operator Compliance with Franchise Required Provisions
Metropolitan Communications Consultants
8/31/01
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Cable Television Related Needs and Interests
Page 9
C.5 NEEDS AND INTERESTS - Compliance with Subscriber Current Needs and Interests
354 respondents
Respondent is within City limits
number "/0 yes no
343 100% 880/0 12%
354 respondents Had opinion Opinion given do not Opinion Details
Respondent is satisfied with: numDer 70 yes no Know strong yes yes no strong no
A. Customer Information' notices
1. Products Services Options 325 94% 52% 42% 6% 2% 49% 30% 13%
2. Rates 333 95% 40% 56% 5% 2% 38% 34% 22%
3. Use, Lineup 336 95% 41% 154% 5% 1% 39% 32% 23%
4. Billing complaint procedures 328 88% 59% 29% 12% 5% 55% 13% 16%
5. Advance notice of changes 336 95% 44% }51% 5% 2% 41% 27% 24%
B. Billing Procedures
1. Clear, Concise, Understandable 338 96% 72% 24% 4% 5% 67% 19% 5%
2. All itemized 337 94% 60% 34% 6% 4% 55% 24% 10%
3. Summary provided 328 88% 62% 26% 12% 4% 58% 16% 9%
4. Timely refunds 318 22% 14% 8% .78%< 2% 13% 3% 5%
5. Proper discounts 325 33% 6% 27% <.l)7% 1% 5% 10% 18%
6. Acceptable due dates & grace period 333 80% 65% 15% 20% 4% 62% 9% 6%
C. Service Quality and Reliability
1. Picture Quality 327 100% 56% 44% 0% 5% 52% 32% 12%
2. Sound Quality 324 100% 72% 28% 0% 5% 67% 20% 8%
3. Frequency of outages 282 100% 62% 38% 0% 5% 57% 27% 11%
4. Signal amplified by extra equipment 324 63% 27% 36% 37% 27% 36%
5. Service corrections within 1 day of request 316 38% 16% 22% 62% 16% 22%
D. Installation and Repair Service
1. Tel & Ote customer service satisfactory 298 100% 81% 19% 8% 73% 14% 5%
2. Appointments made and kept 279 100% 82% . 18% 6% 75% 11% 7%
3. Outages promptly corrected 285 100% 59% 41% 4% 55% 32% 9%
4. Other problems promptly corrected 264 100% 66% 34% 4% 62% 22% 12%
5. New services promptly installed 261 100% 74% 26% 7% 66% 13% 13%
6. Installation workmanship satisfactory 269 100% 87% 13% 9% 78% 8% 6%
7. Employees identify themselves 262 100% 87% 13% 11% 76% 6% 7%
E. Programming
1. Basic Service 125 100% 17% 83% 17% 83%
2. Expanded Basic 149 100% 19% 81% 19% 81%
3. Premium Channels 20 100% 17% 83% 17% 83%
4. Pay-per-View 21 100% 33% 67% 33% 67%
F. Monthly Rates
1. Basic Service 138 100% 17% 83% 17% 83%
2. Expanded Basic 172 100% 10% 90% 10% 90%
3. Premium Channels 26 100% 9% 91% 9% 91%
4. Pay-per-View 26 100% 35% 65% 35% 65%
Exhibit 2: Compliance with Subscriber Current Needs and Interests
Metropolitan Communications Consultants
8/31/01
Cable Television Related Needs and Interests
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C.6 NEEDS AND INTERESTS - Subscriber Future Needs and Interests
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354 respondents Had opinion Opinion given do not
Other Topics: numDer 70 yes no Know
G. Household increasing TV viewing 342 96% 20% 75% 4%
H. In the last 1Z months, I have purchased
1. Cable television service 322 100% 35% 65% 0%
2. Satellite Dish 325 100% 17% 83% 0%
3. High Definition Television 307 98% 2% 96% 2%
4. Digital Video Disc (DVD) 310 99% 17% 83% 1%
5. Internet Access 321 99% 46% 53% 1%
I. In the next 1Z months, I will purchase
1. Cable television service 316 89% 12% 77% 11%
2. Satellite Dish 333 75% 30% 45% 25%
3. High Definition Television 316 83% 5% 78% 17%
4. Digital Video Disc (DVD) 315 84% 15% 69% 16%
5. Internet Access 310 92% 30% 62% 8%
J. My household would watch
1. Locally produced programs 319 87% 73% 13% 13%
2. City Council meetings 320 79% 51% 28% . 21%
City gov. informational and community
3. programs and events 319 78% 53% 24% 22%
4. Educational programming 6. curriculum 31? 75% 57% 18% 25%
K. My household would like
1. More catv channels. 313 86% 73% 14% 14%
2. More music channels. 308 79% 47% 31% 21%
3. High-definition television proramming 313 53% 28% 25% 47%
4. A program blocking service 310 62% 22% 40% 38%
5. High-speed cable internet access 315 69% 40% 29% 31%
6. Catv local emergency alert messages 316 88% 79% 9% 12%
L. I Support the City and catv operator working to
develop high-speed cable internet access 315 74% 54% 20% 26%
M. My future needs and interests
1. Are met without any changes 315 84% 12% 73'0 16%
Had opinion Opinion given
318 respondents number v/o yes no
N. Willing to pay $/mo for additional features
1. Local news, arts, and sports programming 307 100% 27% 73%
2. City gov, community programs 6. events 306 100% 17% 83%
3. educational programs and curriculum. 298 97% 19% 79%
4. Ten (10) additional televsion channels. 295 96% 43% 53%
5. Ten (10) additional music channels. 292 95% 19% 77%
6. High definition television (HDTV) programming 291 95% 17% 78%
7. Block out selected programs 293 95% 8% 88%
8. High-speed internet access over cable. 295 96% 39% 57%
9. Local emergency alert messages 297 97% 29% 68%
Opinion Details
strong yes yes no strong no
20% 75%
35% 65%
17% 83%
2% 96%
17% 83%
46% 53%
12% 77%
30% 45%
5% 78%
15% 69%
30% 62%
24% 49% 9% 4%
12% 39% 21% 8%
10% 43% 18% 6%
15% 42% 15% 4%
39% 34% 12% 2%
21% 26% 23% 8%
11% 17% 18% 8%
7% 14% 30% 10%
19% 21% 17% 11%
35% 45% 6% 3%
24% 30% 11% 10%
3% 8% 27% 45%
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Willing to pay $/mo
51 53 55 510 5Z0
18% 5% 3% 0% 0%
13% 3% 1% 0%
10% 6% 2% 0%
21% 14% 6% 2%
12% 5% 2%
9% 5% 2% 0% 0%
7% 1%
8% 5% 6% 11% 9%
24% 3% 2%
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Exhibit 3: Subscriber Future Needs and Interests
Metropolitan Communications Consultants
8/31/01
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TELECOMMUNICATIONS RELATED NEEDS AND INTERESTS
Page 11
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D. FINDINGS AND RECOMMENDATIONS
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7. Introduction and Background
The City of Port Angeles recognizes that government support and leadership of telecommunications
infrastructure development can catalyze economic development. Putting its vision into action, the City on
October 17, 2000 committed to ensure broadband telecommunications in Port Angeles by approving a
telecommunications Action Plan. Taking advantage of the coincidental occurrence of Northland's
franchise renewal request, the City therefore expanded its cable-related renewal evaluations to also
include determination of community telecommunications needs and interests.
For the telecommunications needs and interests determination, the City of Port Angeles and MCC
collaborated on a web-based survey, conducted interviews with select organizations within the
community and held a Telecommunications Needs and Solutions Workshop. These activities are
summarized below:
. Internet Survey. The Internet survey began on March 9, 2001 with a letter of invitation from the City's
Economic Development Director sent out to a representative list of local businesses, community
organizations and service providers. A sample copy of the survey forms is given in Appendix G.17.
At the conclusion of the survey in late April, 107 responses were received.
. Interviews. Personal interviews were conducted in February 2001 with Clallam County, the Port of
Port Angeles, the Port Angeles School District, Peninsula College, and Olympic Medical Center to
receive input on telecommunications needs and to introduce the City's upcoming on-line survey.
Additional telephone interviews were conducted with Olypen, TenForward, Virginia Mason Port
Angeles, Daishowa America and FairPoint Communications. Both telephone and personal meetings
were held with Qwest and Century Telephone. All were invited to provide input via the City's on-line
surveyor by other means.
A list of the various parties contacted and interviewed is given in Appendix G.15.
. Telecommunications Workshop. On March 30, 2001, an all day Telecommunications Needs and
Solutions Workshop was held at the City Fire Station, facilitated by City representative Larry Dunbar,
Dennis Bragg of Den-Ree Productions, and Brian Roberts of MCC. The workshop report Executive
Summary is contained in Appendix G.16. The full report and findings may be found in the City's
Business Planning Analyses, on file in the City's Department of Public Works and Utilities.
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8. Telecommunications Related Findings
The major needs and interests findings, gained from the survey, interviews, and workshop, are:
Telecommunications Needs and Interests
Broadband connectivity is the most important need not being met by the present infrastructure.
Open access and competition are important for the consumer's benefit, enabling more options, better
service and lower prices.
Local government's top need and use of broadband connectivity is to connect offices and departments
scattered at various locations around the community.
Broadband connectivity is needed for video conferencing and remote training and education for
people who cannot travel to attend school.
Businesses need fast but affordable telecommunications services to enable competition and the ability
to provide services via the Internet.
A citywide deployment is necessary if the greatest benefit, in the shortest time period is to be achieved.
A "limited" deployment is a possible path for initial network development, with partnerships as the
key to expansion and overcoming service limits.
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Telecommunications Related Needs and Interests
Page 12
Economic development and education opportunities are the primary justification for a community
broadband network.
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Institutional Network
The City has the opportunity to obtain a governmental and educational institutional network through
the cable franchise renewal. An institutional network will limit broadband service to non-commercial
public, educational and governmental users but will allow dramatic cost-savings and efficiencies in
their operation.
A list of governmental, educational and public institutional sites has been prepared and is given in
Exhibit ff of Appendix H.20.
Institutional networks are defined in 47 USC S531(f)
"Institutional network defined
For purposes of this section, the term "institutional network" means a communication network which
is constructed or operated by the cable operator and which is generally available only to subscribers
who are not residential subscribers."
. The City's authority to require an institutional network from a cable operator is given in 47 USC
s541(b)(3)(D) which states that
"Except as otherwise permitted by sections s531 and s532 of this title, a franchising authority may not
require a cable operator to provide any telecommunications service or facilities, other than
institutional networks, as a condition of the initial grant of a franchise, a franchise renewal, or a
transfer of a franchise."
. Some question has arisen regarding local governments' ability to require institutional networks as a
result of a 5th Circuit Court ruling in a case between the City of Dallas and the FCC (165 F3rd 341 at
page 350 and 351 - Dallas vs. FCC, 1999).
. It should be noted however, that the case however, concerns open video system (OVS) operators (not
cable operators), where FCC rules, 47 CFR s76.1505(e) (1997), give local governments authority to
require channel capacity on institutional networks for educational or governmental use only if the
OVS operator has built an institutional network and has capacity available.
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9. Telecommunications Related Recommendations
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On the basis of the findings of current and future telecommunications related needs and interests of the
community, the following recommendations are made for inclusion in a new cable franchise ordinance:
The City should capitalize on the opportunity provided by the current cable franchise renewal
proceedings and aggressively negotiate with Northland Cable to develop a broadband infrastructure
through upgrading of the existing cable television infrastructure.
The City should insist that the new broadband infrastructure have" open access" available to qualified
Northland affiliated or non-affiliated service providers.
The City should negotiate with Northland to ensure that as much fiber as possible in excess of that
required to meet Northland's cable television needs is installed, at a minimum 48 strands of excess
single mode fiber.
The upgraded infrastructure should connect subscribers at a minimum with capability to receive cable
modem service with the option of direct fiber drops to larger customers needing more bandwidth and
willing to pay for the required fiber drop.
The City should be willing, on a reasonable basis and as legally permitted, to extend the franchise
term, reduce the compensation and benefits, and even invest resources as incentives to Northland.
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End of telecommunications related recommendations
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Telecommunications Related Needs and Interests
Page 1 3
E.l0 NEEDS AND INTERESTS - Current Services and Future Subscriber Needs
107 Questionnaires Totals Qwest Fairpoint Unspecified
V> V> V> "'C V> V> V> "'C V> V> V> "'C V> V> V> "'C
<L> <L> <L> <L> <L> <L> <L> <L>
<L> <= <= <L> <L> <= <= <L> <L> <= <= <L> <L> <= <= <L>
V> :.:; :.:; u:: V> :.:; :.:; u:: V> :.:; :.:; u:: V> :.:; :.:; u::
<= V> <= V> <= V> <= V>
Voice 0 V> ~ ~ 0 V> ~ ~ 0 V> ~ ~ 0 V> ~ ~
a. V> a. V> a. V> a. V>
V> <L> => V> V> <L> => V> V> <L> E V> V> <L> E V>
<L> u "5 V> <L> u "5 V> <L> u V> <L> u V>
communications a:: u i:5 a:: ~ i:5 a:: u => i:5 a:: u => i:5
<<: u.. u.. <<: u.. <<: u..
SOHO 2 6 4 1 2 6 4 1
Key 9 76 16 1 6 62 8 1 3 14 8 0
Centrex 10 253 26 2 8 235 4 2 2 18 22 0 0
PBX 22 100 50 4 14 79 46 2 2 4 4 1 6 17 1
GI/LAN 2 2 2 2
Unspecified 62 214 84 8 33 155 72 8 3 9 8 0 26 50 4 0
Totals 107 651 180 16 65 539 134 14 10 45 42 1 32 67 4 1
Service Agreements 40 8 29 6 10 1 1 1
107 Questionnaires Totals Qwest Fairpoint Unspecified
V> V> V> "'C V> V> V> "'C V> V> V> "'C V> V> V> "'C
<L> <L> <L> <L> <L> <L> <L> <L>
<L> <= <= <L> <L> <= <= <L> <L> <= <= <L> <L> <= <= <L>
V> :.:; :.:; 't'i V> :.:; :.:; u:: V> :.:; :.:; u:: V> :.:; :.:; u::
<= <= V> <= V> <= V>
Video 0 V> ~ ~ 0 V> ~ ~ 0 V> ~ ~ 0 V> ~ ~
a. V> a. V> a. V> a. V>
V> <L> => V> V> <L> => V> V> <L> E V> V> <L> E V>
<L> u "5 V> <L> u "5 V> <L> U V> <L> u V>
communications a:: u i:5 a:: u i:5 a:: ~ => i:5 a:: u => i:5
<<: u.. <<: u.. u.. <<: u..
Security/Monitoring 2 2 1 1 1 1
Webcam 6 6 2 2 1 1 3 3
2-way video 5 5 3 3 2 2
Other 6 6 2 3 3 1 1 1 2 2 1
Totals 19 19 2 8 8 0 0 3 3 0 1 8 8 0 1
107 Questionnaires Totals Qwest AT&T Unspecified
V> V> V> "'C V> V> V> "'C V> V> V> "'C V> V> V> "'C
<L> <L> <L> <L> <L> <L> <L> <L>
<L> <= <= <L> <L> <= <= <L> <L> <= <= <L> <L> <= <= <L>
V> :.:; :.:; u:: V> :.:; :.:; u:: V> :.:; :.:; u:: V> :.:; :.:; u::
<= V> <= V> <= V> <= V>
Wireless 0 V> ~ ~ 0 V> ~ ~ 0 V> ~ ~ 0 V> ~ ~
a. V> a. V> a. V> a. V>
V> <L> => V> V> <L> => V> V> <L> => V> V> <L> => V>
<L> U "5 V> <L> u "5 V> <L> u "5 V> <L> u "5 V>
communications a:: ~ i:5 a:: ~ i:5 a:: u i:5 a:: ~ i:5
u.. u.. <<: u.. u..
Analog voice 8 8 70 1 3 3 54 1 5 5 16
Digital voice 24 24 59 5 2 2 4 10 10 43 2 12 12 12 3
Voice/data 2 2 4 2 2 4
Other 6 6 26 1 6 6 26 1
Totals 40 40 159 7 2 2 4 0 13 13 97 3 25 25 58 4
Exhibit 4: Voice, Video, Wireless Communications (see Chart 1 of 4)
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Telecommunications Related Needs and Interests
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E.l0 NEEDS AND INTERESTS - Current Services and Future Subscriber Needs (continued)
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107 Questionnaires Totals Qwest Fairpoint Unspecified
Vl Vl Vl -0 Vl Vl Vl -0 Vl Vl Vl -0 Vl Vl Vl -0
CI) CI) CI) CI) CI) CI) CI) CI)
CI) c c CI) CI) c c CI) CI) c c CI) CI) c c CI)
Vl ::J ::J = Vl ::J ::J = Vl ::J ::J = Vl ::J ::J =
c Vl c Vl c Vl c .!!!
Data 0 Vl ~ ~ 0 Vl ~ ~ 0 Vl ~ ~ 0 Vl ~ m
c.. Vl c.. Vl c.. Vl c.. Vl
Vl CI) ::> Vl Vl CI) ::> Vl Vl CI) ~ Vl Vl CI) ~ Vl
CI) u "5 Vl CI) u "5 Vl CI) U Vl CI) U Vl
communications c:r: u i:'S c:r: u i:'S c:r: u ::> i:'S c:r: u ::> i:'S
<t: L.L <t: L.L <t: L.L <t: L.L
Frame relay 4 14 3 13 1 1
OS-1 5 11 15 3 3 8 14 3 1 1 1 2 1
OS-3 2 2 4 1 1 3 1 1 1
OC-3 1 1 2 1 1 2
Wireless 3 2 4 1 4 2 2
T atals 15 30 25 3 9 23 23 3 3 3 0 0 3 4 2 0
Service Agreements 16 2 9 1 3 0 4 1
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107 Questionnaires Totals OlyPen Ten Forward Unspecified
Vl ~ Vl ~ Vl ~ Vl ~
Vl C c -0 Vl C C -0 Vl C C -0 Vl C c -0
CI) ::> ::> CI) CI) ::> ::> CI) CI) ::> ::> CI) CI) ::> ::> CI)
Vl 0 0 = Vl 0 0 = Vl 0 0 = Vl 0 0 =
c u .!!! c u Vl c u Vl c u Vl
u ~ u ~ u u u u
0 u m 0 u ~ 0 u <t: ~ 0 u <t: .~
c.. <t: c.. <t: c.. <t: c.. <t:
Vl - ~ Vl Vl - ~ Vl Vl - CI) Vl Vl - ~ Vl
CI) Vl CI) Vl CI) ::; Vl CI) Vl
c:r: Vl ::> i:'S c:r: Vl ~ i:'S c:r: Vl i:'S c:r: Vl ::> i:'S
Internet access "x "5 'x "x "5 'x "5
w w ::> w w
L.L L.L L.L L.L
Dialup 56 46 63 5 18 22 31 12 10 13 2 2 14 19 3 4
Osl144 5 7 15 4 4 6 8 4 1 1 1 6
Osl192 2 2 1 0 1 1 1 1 1
Osl384 5 9 24 3 4 8 17 2 1 1 3 1 4
Osl768 1 2 4 0 2 1 2 1 1
Osl 1100 1 1 15 0 1 1 12 3
Wireless 0 0 5 0 5
Other 9 17 20 2 9 17 20 2
T atals 69 101 89 27 32 47 45 18 14 18 7 3 23 36 37 6
Service Agreements 43 9 16 6 10 1 17 2
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107 Questionnaires Totals Qwest Fairpoint Unspecified
Vl Vl Vl -0 Vl Vl Vl -0 Vl Vl Vl -0 Vl Vl Vl -0
CI) CI) CI) CI) CI) CI) CI) CI)
Vl E E = Vl E E = Vl E E = Vl E E =
c 'Vi "Vi Vl C "Vi "Vi Vl C "Vi "Vi Vl C 'Vi "Vi Vl
0 ~ 0 .~ 0 ~ 0 .~
Local/wide area c.. z: z: c.. z: z: c.. Z Z c.. Z z:
Vl ~ Vl Vl Vl Vl Vl Vl Vl
CI) :5 Vl CI) :5 ~ Vl CI) :5 ~ Vl CI) :5 ~ Vl
computer networks c:r: i:'S c:r: i:'S c:r: i:'S c:r: i:'S
Apppletalk 1 1 1 1
ARCnet 1 1 1 1
Taken Ring 1 1 7 1 1 7
FOOl 4 3 1
Ethernet 45 131 289 12 23 91 168 8 7 13 10 2 15 27 111 2
Other 9 9 7 3 3 2 2 3 4 4 4
T atals 57 143 307 12 26 94 171 8 9 15 13 2 22 34 123 2
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Exhibit 5: Data Communications, Internet Access, LAN/WAN Computer Networks (see Chart 2 of 4)
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Telecommunications Related Needs and Interests
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E.l0 NEEDS AND INTERESTS - Current Services and Future Subscriber Needs (continued)
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107 Questionnaires Totals Qwest Fairpoint Unspecified
Vl ~ Vl ~ Vl ~ Vl ~
<U V V V V
v :0 .0 V :0 .0 V :0 .0 V :0 .0
Vl to:: ~ Vl to:: ~ Vl to:: ~ Vl to:: ~
c:: '" v c:: '" c:: '" c:: '" v
Respondent owns 0 u e ..c: 0 u <a ..c: 0 u <a ..c: 0 u <a ..c:
0- 0... <5 0- 0... "!,! <5 0- 0... "!,! <5 0- 0... "~ <5
Vl ~ Vl Vl Vl
v l- v l- e.. v l- e.. v l- e..
cable plant cr: => 0 cr: => 0 cr: => 0 cr: => 0
Premise Voice 11 20 11 8 12 6 1 3 2 5 5
Premises Data 12 17 4 10 9 9 3 6 1 2 2 8 1 2
Premise Video 4 5 1 3 3 1 1 2
OSP Voice 5 4 1 2 2 3 2 1
OSP Data 4 1 2 1 1 1 3 1 1 1
OSP Video 1 1 1 1
Totals 37 47 6 25 24 26 4 14 2 3 0 2 11 18 2 9
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107 Questionnaires Totals Qwest Fairpoint Unspecified
Vl Vl Vl Vl
<U <U <U <U
Vl Vl Vl Vl
c:: Vl c:: Vl c:: Vl c:: Vl
0 ~ 0 <U 0 ~ 0 <U
0- 0- >- 0- 0- >-
Vl Vl Vl Vl
Have Resources v <U <U <U
cr: cr: cr: cr:
Telephone Competency 69 35 49 25 7 4 13 6
Data Competency 52 32 37 22 5 3 10 7.
Video Competency 44 11 34 9 5 2 5 0
Current Telephone Funding 71 46 49 29 9 7 13 10
Current Data Funding 54 35 39 24 5 3 10 8
Current Video Funding 44 17 34 11 5 3 5 3
Future Telephone Funding 67 32 45 18 9 6 13 8
Future Data Funding 49 21 35 13 4 2 10 6
Future Video Fundinq 45 17 35 13 4 2 6 2
Totals 495 246 357 164 53 32 85 50
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107 Questionnaires Totals Qwest Fairpoint Unspecified
<U <U V <U
<U. <U <U ~ <U ~ <U <U
~ c:: <U C, ~ c:: <U en ~ c:: <U en ~ c:: <U C,
0 0 0 0
g' <U "2 <U '" en <U "2 v '" en <U "2 ~ '" en <U "2 v '"
<U C, Vl '" <U C, Vl '" ~ Vl '" ~ ~ Vl
"5.. '5 "5.. '5 "5.. C"l '5 "5.. '5
C"l C, '" en ~ '" C"l Jf '" en C"l
c:: <: 0 Vl C"l c:: 0 Vl en c:: 0 Vl C"l c:: <: 0 Vl en
e 0 is c:: e 0 is c:: e 0 is c:: e 0 is c::
Vi z e Vi z e Vi z e Vi z e
Opinions Vi Vi Vi Vi
PA needs competition 25 22 11 3 17 18 8 2 4 1 1 1 4 3 2
Would change service
providers if same service, 22 30 6 3 16 22 5 2 4 2 1 2 6 1
lower cost
Would change providers if
same service, same cost, 29 23 8 2 21 16 7 1 5 2 1 3 5 1
but higher speed
C"l ~ ~ ~ C"l ~ ~ ~ C"l ~ ~ ~ C"l ~ ~ ~
c:: Ll"l 0 0 c:: Ll"l 0 0 c:: Ll"l 0 0 c:: Ll"l 0 0
:c: N Ll"l Ll"l :c: N Ll"l Ll"l :c: N Ll"l Ll"l :c: N Ll"l Ll"l
15 .8 .8 ~ 15 .8 .8 ~ 15 .8 .8 ~ 15 .8 .8 ~
<U ~ <U
Z 0- 0- > Z 0- 0- Z 0- 0- > Z 0- 0- ~
:l :l 0 :l :l 0 :l :l 0 :l :l
Willing to pay extra to 20 24 9 3 16 16 6 2 1 5 2 3 3 1 1
meet future needs
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Exhibit 6: Respondents' Resources (Chart 3 of 4) and Opinions (Chart 4 of 4)
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METROPOLITAN
COMMUNICATIONS
CONSULTANTS
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Appendices to
Cable Television and Telecommunications
Needs and Interests Report
August 31, 2001
Prepared for
tE~;~
........--.
.........
The City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, WA 98362-0217
Seattle: 5847 McKinley PI. N., Seattle, Washington 98103
Tel: 206.522.6778 Fax: 206.522.6777
Tacoma: 1201 Pacific Avenue, Suite 1702, Tacoma, Washington 98402
Tel: 253.272.1636 Fax: 253.272.1482 www.mcco.com
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APPENDICES TO
CABLE TELEVISION AND TELECOMMUNICATIONS
NEEDS AND INTERESTS REPORT
August 31, 2001
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APPENDICES
F. Cable Television Related Appendices
11. CATV Sample Survey Forms
12. CATV Exhibit 2 Charts:.5ubscriber Current
Needs and Interests Charts (7 of 7)
13. CATV Exhibit 3 Charts: Subscriber Future
Needs and Interests Charts (6 of 6)
14. CATV Subscriber Comments
G. Telecommunications Related Appendices
15. Telecom Providers and Users Contacted
16. Telecommunications Needs and Solutions Workshop
Executive Summary
17. Telecommunications Sample Survey Forms
18. Telecommunications Exhibit 4-6 Charts (4 of 4)
19. Telecommunications Survey Comments
H. Cable Television Franchise Renewal
20. Informal Proposal for the Cable Franchise Renewal
Exhibit A - Acceptance of Franchise
Exhibit B -- Grantee Furnished Connections
to Community Facilities
Exhibit C - Subscriber Service Standards
Exhibit D -- Subscriber Service Reporting Requirements
Exhibit E -- Public Utility Tax Ordinance Amendment
Exhibit F -- Northland Fiber Upgrade Plan
and Node Service A
This document is on file and available for inspection at the offices of the
City of Port Angeles, 321 East Fifth Street, Port Angeles, W A 98362-0217
(attention: Mr. Larry Dunbar).
Copies may be obtained for the cost of printing.
page
1-3
4 -10
11 - 16
17 - 30
32 - 33
34-36
37 - 40
41 - 42
43-83
84
85-88
89 - 96
97 - 98
99
100
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APPENDIX F.ll - CATV SAMPLE SURVEY FORMS
Page 1
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City of Port Angeles
Residential Cable Television Service Survey
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The City of Port Angeles is asking for your input before renewing the franchise with
Northland Cable Television. The information you provide is considered confidential, will not
be disclosed, and will only be used for the City's survey.
INSTRUCTION TO COMPLETE THE SURVEY: Please provide your name and contact
information, and respond to each question by darkening the circle with a pencil or pen.
Please select the response that comes closest to your own opinion. A space is provided at
the end of the survey if you have any additional comments or recommendations you would
like to share. After you have completed the survey please return it to:
City of Port Angeles, P.O. Box 1150, Port Angeles, W A 98362-0217
Contact person
Service address
Telephone number
E-Mail address
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Please tell us about your experience with Northland
Very Very Don't
Customer Information and Notices Satisfied Satisfied Dissatisfied Dissatisfied Know
1. Information on products, services, options 0 0 0 0 0
2. Information on rates 0 0 0 0 0
3. Channel lineup notices 0 0 0 0 0
4. Billing and complaint procedures 0 0 () () 0
5. Advance notice of changes 0 () 0 0 ()
Very Very Don't
Billing Procedures Satisfied Satisfied Dissatisfied Dissatisfied Know
6. Billing is clear, concise and understandable 0 0 0 0 0
7. All services and charges are itemized 0 0 0 () 0
8. A summary of bill is provided 0 0 0 0 0
9. Refunds are timely 0 0 0 () I)
10. Discount for retired and disabled individuals 0 0 0 0 0
11. Billing due dates and grace period 0 0 0 0 0
Very Very
Service Quality and Reliabilitv Satisfied Satisfied Dissatisfied Dissatisfied
12. Picture signal quality 0 0 0 0
13. Sound signal quality 0 0 0 0
14. Frequency of outages 0 0 0 0
Don't
Yes No Know
15. My signal is not amplified by extra equipment 0 0 0
16. Service corrections within 1 day of request 0 0 ()
Very Very
Installation and Repair Service Satisfied Satisfied Dissatisfied Dissatisfied
17. Telephone and Office Availability () () () ()
18. Appointments are made and kept 0 0 0 0
19. Outages are promptly corrected () 0 0 0
20. Other service problems promptly corrected 0 0 0 0
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Appendix F.ll - CATV Sample Survey Forms Page 2
I 21. Prompt installation of new service 0 0 0 0
22. Installation workmanship 0 () 0 0
23. Employee identification 0 0 0 0
I Don't
Other television topics Yes No Know
I 24. I am a citizen of Port Angeles and live within the City limits 0 0 0
25. My household is increasing the time it spends watching television 0 <) 0
26. During the last 12 months, have you purchased
one or more of the following?
I a. Cable television 0 0 0
b. Satellite dish 0 0 0
c. High definition television 0 0 0
d. Digital video disk (DVD) 0 0 0
e. Internet access 0 0 0
I 27. During the next 12 months, do you plan to purchase
one or more of the following?
a. Cable television 0 0 0
b. Satellite dish I) I) 0
I c. High definition television 0 0 0
d. Digital video disk (DVD) 0 0 0
e. Internet access 0 0 0
I Cable television services
Please indicate the service tier(s) you subscribe to and your satisfaction/dissatisfaction with programming selection,
number of channels and monthly rates
Current Programming Number Monthly Rates
I Service Tier Subscriber Selection of Channels Current w/o tax
brief description Yes No Satisfied Dissatisfied Satisfied Dissatisfied Rate Satisfied Dissatisfied
28. Basic
I (27 channels) 0 0 0 0 0 0 $29.95 0 0
29. Expanded Basic
(39 channels) 0 0 0 0 0 0 $40.95 0 0
30. Bronze Digital
(56 channels) 0 0 0 0 0 0 $48.99 0 0
I 31. Silver Digital
(60 channels) 0 0 0 0 0 0 $58.99 0 0
32. Gold Digital
(62 to 66 chan) 0 0 0 0 0 0 $67.99 0 0
I 33. Platinum Digital
(70 channels) 0 0 0 0 0 0 $79.99 0 0
34. Pay per view
(22 channels) 0 0 0 0 0 0 $3.99 each 0 0
I May we have your opinion?
I Strongly Strongly No
My Future Needs And Interests Support Support Against Against Opinion
35. My household would watch locally
produced programs (such as news,
I arts and sports) if they were
broadcast over cable television 0 0 0 0 0
36. My household would watch City
I Council meetings if they were
broadcast on cable television 0 0 <) () ()
37. My household would watch
informational programs about City
I government and community programs
and events if they were
broadcast on cable television () 0 0 0 ()
38. My household would watch educational
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are continued to be broadcast
on cable television 0 0 0 0 0
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Appendix F .11 - CATV Sample Survey Forms Page 3
39. My household would like more
cable television channels 0 0 0 0 0
40. My household would like to more
music channels 0 0 0 0 0
41. My household would like to receive
high-definition television programming
(HDTV) over the cable television 0 0 0 0 0
42. My household would like to subscribe
to a service that could block out
selected programs 0 0 0 0 0
43. My household supports the City and
Cable Operator working together to
develop high-speed internet access
over cable television 0 0 0 0 0
44. My household would subscribe to
high speed internet access
over cable television 0 0 0 0 0
45. My household would like local
emergency alert messages to be
broadcast over cable television 0 0 0 0 0
46. My future needs and interests
are satisfied without any changes 0 0 0 0 0
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How much more will you pay to satisfy your needs and interests?
My Needs and Interests None $l/Mo $3/Mo $5/Mo $10/Mo $20/Mo
47. Local news, arts and sports programming 0 0 0 0 0 0
48. Televised City government and
community programs and events 0 0 0 0 0 0
49. Televised educational programs and curriculum 0 0 0 0 0 0
50. Ten (10) additional television channels 0 0 0 0 0 0
51. Ten (10) additional music channels () 0 0 0 0 ()
52. High-definition television programming (HDTV) 0 0 0 0 0 0
53. Block out selected programs 0 0 0 0 0 0
54. High-speed Internet access 0 0 0 0 0 0
55. Local emergency alert messages 0 0 0 0 0 0
56. Please provide us with any comments or recommendations you may have in the space below!
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Please return your completed survey to:
City of Port Angeles, P.O. Box 1150, Port Angeles, WA 98362-0217
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APPENDIX F.12 - CATV EXHIBIT 2 CHARTS
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS
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RESPONDENT'S tOCA TION
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Respondent is within City Limits
o yes II no
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A. Customer Information and Notices
o don't know 0 yes m no
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1)0%
80%
56% 54% 59%
52%
60% 42%
41%
40%
20% /
0%
t Products. 2. Rates 3. Use, Lineup 4. Billing 5. Advance
Services complaints notice of
Optio ns changes
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Appendix F .12 - CATV Exhibit 2 Charts
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (2 of 7) - RESPONDENT IS SATISFIED WITH:
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A. Customer Information and Notices
1. Products, Services Options
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o don't know 1m strong yes 0 yes 13 no II strong no
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A. Customer Information and Notices
2. Rates
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o don't know Ii strong yes 0 yes 13 no II strong no
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A. Customer Information and Notices
3. Use, Lineup
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Appendix F .12 - CATV Exhibit 2 Charts
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (3 of 7) - RESPONDENT IS SATISFIED WITH:
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A. Customer Information and Notices
4. Handling of Billing Complaints
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o don't know lliI strong yes 0 yes lEI no II strong no
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5. Advance Notice of Changes
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o don't know 0 yes III no
1)0%
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72'10
............-----...-..-76%---.-......-..---.--....
67%
.. ..60'10 ...
. .6.?'Io
65'10
60%
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40%
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t Clear, 2. All itemized 3. Summary 4. Ti;"ely
Concise. provided refunds
Understandable
5. Proper 6.Acceptable
discounts due dates &
grace period
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Appendix F .12 - CATV Exhibit 2 Charts
Page 7
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (4 of 7) - RESPONDENT IS SATISFIED WITH:
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B. Billing
1. Clear, Concise, Understandable
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4%
5%
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B. Billing
2. All itemized
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4"/.
6"/.
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3. Summary provided
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Appendix F.12 - CATV Exhibit 2 Charts
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (5 of 7) - RESPONDENT IS SATISFIED WITH:
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B. Billing
4. Timely Refunds
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5. Proper discounts
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6. Acceptable Due Dates & Grace Period
o don't know [!!) strong yes Gl yes [I no III strong no
20"1.
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Appendix F .12 - CATV Exhibit 2 Charts
Page 9
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (6 of 7) - RESPONDENT IS SATISFIED WITH:
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C. Servic,e Quality and Reliability
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mJ strong yes 0 yes III no IllI strong no
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57%
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.... ... . _.......67%___...
20%
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40%
t Picture Quality
2. So und Quality
3. Frequencyof outages
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C. Service Quality and Reliability
4. Signal amplified by extra equipment
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f:, )u>. . .. . II"""
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C. Service Quality and Reliability
5. Service Corrections Made within 1 Day of Request
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Appendix F .12 - CATV Exhibit 2 Charts
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (7 of 7) - RESPONDENT IS SA TISHED WITH:
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D. Installation & Repair Service
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Dyes
1)0%
81"10
82"10
87%
. . 87%.
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80%
66%
60%
40%
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1. TellOfc 2. Make &
custorrer keep
service appointrrents
satisfactory
3. Correct
outages
prolT1ltly
4. Correct
other
problems
prolT1lUy
5. Install 6. Installation 7. ElT1lloyees
new service workrrenship identify
prolT1ltly satisfactory themselves
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tBasicService 2.ExpandedBasic 3. Premium
Service Channels
4. Pay-par-View
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80%
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40%
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20%
0%
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Service Channels
4. Pay-per-View
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APPENDIX F.13 - CATV EXHIBIT 3 CHARTS
Page 11
SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (1 of 6)
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G. My Household's TV Viewing is Increasing
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Ddon't know Dyes III no
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80%
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46%
60%
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40%
20%
t Cable
television
service
2. Satellite
Dish
3.High
Definition
Television
4. Digital Video ..5. Internet
Disc (DVD) Access
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Dyes
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80%
60%
30%
40%
20%
0%
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30%
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Appendix F.13 - CATV Exhibit 3 Charts
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SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (2 of 6)
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J. My household would watch
o don't know 0 yes G no
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'00%
73%
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80%
51%
53%
57%
60%
40%
8%
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0%
1 Locallyproduced 2. City Council
programs meetings
3.Cilygovemment 4. Educational
& community programming
programs
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K. My household would like
o don't know 0 yes 13 no
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80% 73%
60% 47% 47%
38% 40% 40%
40%
20%
0%
1 M ore cable 2. M ore music 3.HDTV 4.A program 5. Hi-speed 6. Catv local
television channels. programming blocking service cable intemet emergency
channels. access messages
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to develop high-speed cable internet access
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o don't know 0 yes II no
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SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (4 of 6)
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N. Willingness to Pay for Additional Services:
3. Educational Programs & Curriculum
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79%
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80%
60%
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40%
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unwilling
$1'mo
$3/mo
$5/mo
$20/mo
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N. Willingness to Pay for Additional Services:
4. Ten Additional Catv Channels
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1l0%
80%
53%
60%
40%
20%
0%
unwilling
21%
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$1'mo
$3/mo
, $ 5/mo "
$1l/mo
$20/mo
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N. Willingness to Pay for Additional Services:
5. Ten Additional Music Channels
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80%
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60%
40%
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12%
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unwilling
$1'mo
$3/mo
$5/mo
$1l/mo
$20/mo
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Appendix F.13 - CATV Exhibit 3 Charts Page 1 5
SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (5 of 6) I
N. Willingness to Pay for Additional Services: I
6. High Definition Television Programming
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'lJO%
78%
80% I
60%
40% I
20% 9%
0% I
unwilling $l'mo $3/mo $5/mo $'IJ/mo $20/mo
N. Willingness to Pay for Additional Services: I
7. Program 810cking Service I
'lJO%- 88%
80% I
60%
40% I
J
20% I
0%
unwilling $l'mo $3/mo $5/mo $'IJ/mo $ 20/mo
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N. Willingness to Pay for Additional Services:
8. High Speed Cable Internet Access I
'lJO% I
80%
57%
60% I
40%
11%
20% I
0%
unwilling $l'mo $3/mo $5/mo $'IJ/mo $20/mo ~
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SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (6 of 6)
N. Willingness to Pay for Additional Services:
9. Local Emergency Alert Messages
1)0%
80% 68%
60%
40% 24%
20%
unwilling $'Vmo $3/mo $5/mo $1)/mo $ 20/mo
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APPENDIX F.14 - CATV SUBSCRIBER COMMENTS (as submitted)
Page 1 7
CUSTOMER SERVICE
Customer Relations
1. We have been satisfied with our cable television service for the most part. There are some things that we would like to see changed,
however.
2. I am not a happy subscriber.
3. They have changed a lot this year
4. Their customer service is not friendly toward customers.
5. When we moved to our new house northland cable refused to provide cable service to our neighborhood, though they provide it east and
west of our neighborhood. I think they are too lazy to get out here and get us hooked up. We went with Dish Network
6. We are so dissatisfied with Northland
7. Whenever the topic of cable comes up, the comments are always negative
8. I found the cable customer service personnel, to be severely under trained. My sincere question was met with sarcasm and belittling
backtalk.
9. I was 5 minutes late for an appointment with the cable technician and was then told that I would not be able to have him back for almost
2 weeks, even though I could see his vehicle parked about 2 blocks up the street.
10. Our cable company doesn't care for the opinion of its' customers. The company has a stranglehold on the general public and could care
less if the customer is satisfied.
11. It would be great if they had employees that didn't lie just to up grade
12. You did not address the ongoing arrogance, hand handed approach to programming and overcharging that this supplier indulges in.
would prefer that you put the service out for bid and get rid of these people.
13. This system is not reliable, does not respond, picks its own wants, ignores client needs.
Customer Information and Notices
1. We would like to see more printed monthly guides for digital cable subscribers. It is hard to plan program viewing in advance without
printed material to look at for all those extra channels.
2. Didn't like them changing channel lineups after we had subscribed for certain channels and lineup
3. Print channel listings in numerical order. Channel 31 is not listed in line-up.
4. Is there any way to line up channels by category
5. Give us the channel by number in numerical order. Channel 8 is worthless.
6. Basic is listed as 27 channels ... adding in Ch 3 I counted 26 channels in the TV Guide from the local paper.
7. I wish that cable would make sure that the paper has all their channels listed. Channel 1 0 has been different for months, and yet the
paper does not list the scheduling that is actually broadcast.
8. We want the TV guide to reflect the current programs current for that week. We need more channels like the major metro areas have. WE
all need the local news back
9. Northland Cable could better use Ch 3 as information channel to announce upcoming channel changes, rate increases etc. repeatedly
over period of at least several days/2 weeks so that everyone (shift workers, commuters etc.) could see them.
Business Hours
1. Insensitive business hours for those who work. Need to be open later than 5pm at least a few days of the week!
2. I would like to see Saturday or evening until 6 PM office hours.
3. When outage happens: No place to call and correct after business hours.
Billing Procedures
1. Northland Cable TV keeps checks too long after payment has been submitted before they deposit my check.
2. I'd like to be able to set up an automatic payment for my account, or at the very least, I'd like my bill to get to me sooner. At least a
week sooner.
3. Would like a return envelope with bill. Sometimes shows listed don't agree with what is on."
4. When the bill comes out let it reflect the price we are quoted instead of a higher price on the bill.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 1 8
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SERVICE QUALITY
Picture and Sound Quality
1. Poor viewing and programs - Wavy streaks at times.
2. Not pleased with reception on channel 5.
3. We tried Digital TV and that was not easy enough to use and noticed no difference in reception."
4. Why does Channel 4 come in with so much "snow" in it? We watch this channel a lot and are very unhappy about the way it come in. NI
the rest of the channels are fine.
5. I've subscribed to cable TV all over the country, from coast to coast. This system has the poorest quality reception while charging the
most money of any system I've ever had.
6. Bad reception on to many channels.
7. Re: picture and signal quality. Something needs to be done about channels 4 & 5. Sound quality on channel 4, drives me nuts.
8. The picture quality I have received has always been lousy. The repair people tell me they hope to correct this soon. It's been ten years
of promises without changes.
9. Sometimes 4, 5, 7, have a lot of sparkles across parts of the screen.
10. We get snowy lines on ch 4, 5 way too much of the time.
11. I lose your signal as soon as I put 23 on. Its the only good station you have.
12. We have had our disappointments with Northland Cable - mostly regarding quality of service.
13. Channels 3, 4, 5, 6, are consistently snowy. We like to watch Good Morning American on Channel 5. Sometimes its crystal clear most of
the time its not - we have had the cable company out 2 times and they say there is nothing they can do.
14. Interference by shaky picture and cutting into program, sometimes with lengthy periods.
15. Picture quality is often poor on some channels all thru the year. It may very but there's always so
16. I think $40.79 is plenty to pay. Continually dissatisfied with picturequality of some channels (4, 5, 7, 9 etc.) and BC channels.
Outages
1. The outages are much more frequent and the programming much worse.
2. Our main complaint is that the service goes off on a seemingly daily basis. Usually right in the middle of a good show!
3. Then there were the poor quality of pictures on many channels and the frequently interruptions in service.
4. We are dissatisfied with the quality of our cable. It is always going out on different stations. Lately the stations have been checker-
boarding out and when you call for explanations they always give some poor excuse
5. Outages - 2 or so times a month. We don't watch much TV because the selection is so poor for the price.
6. I no longer have cable because channels were always being changed without public input and the price kept going up without increase in
number of channels. Too many news channels were added. Nso, when every we had a storm, the cable would go out.
7. There should be financial consideration for allowance of down time of outages.
Technology
1. Digital service would be more attractive if one could set up tape recorders to tape different channels. Not every program I want to see
during the day when I am at work is on the same channel. Why not develop a digital system that does not require a converter
2. With the new digital cable service, we can watch cable on only one TV in the household. The remote control is a hassle and very slow in
changing channels. And, we can no longer record cable programs to watch later. We are very dissatisfied with this service
3. Disadvantages of digital channels kept secret. You cannot record programs while out.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 19
RATES
Senior Discounts
1. I have never heard of any discounts for retired people & I have been retired 3 years. I want money back.
2. I have never heard of a discount for retired or disabled.
3. Am unaware of a discount for retired people. Have never heard of such a thing.
4. I was not aware there was a discount for retirees until I received this survey.
5. I inquired once at the city regarding retired/disable discount and the information regarding income was wrong. What is the current
income level? How old/disabled does one have to be?
6. What about the senior citizen discount? Never heard of it.
Basic
1. I am in Basic Budget tier at $21.99, and am unhappy because they have cut out and re-arranged channels that were available.
2. We feel we are paying too much for basic cable television. A few years ago A&E was part of the basic coverage and we no longer have
that. We are extremely disappointed that we would have to pay for the next level of coverage in order to get LIVE C-Span
3. I canceled my cable service several years ago because of intense dissatisfaction with continually rising prices for basic service and
increasing discontent with programming available
4. The basic rates have increased too much for the minimum services we receive. We should be receiving more channels and be paying
less. There is no competition in cable TV, consequently they can charge as much as they want.
5. Northland is getting too expensive at basic level service - Need to have a very basic level of service. Also need to include the Canadian
Stations again.
6. Basic TV is too high priced for what we are able to watch (2-13 channels). Some channels omitted but same price and programs have
been repeated 1-4 times. I do get a senior discount but not satisfied. Too many reruns and sports
7. I think it's ridiculous that the cheapest cable service available is $31.95 a month. I'd like to have the option to receive just the local
Seattle stations (for example ABC, CBS, NBC, Fox, and PBS) for no more than $10 a month, preferably even less
8. I would like to see service available for around $10.00 monthly that would give you the broadcast channels only. Channels 2, 4, 5, 6, 7,
8, 9,10, 11,12,13, 22, KONG. Bring back Canadian channels 6, 8, and 10
9. I am currently still getting the Economy package as I was grandfathered in for which I pay $21.99 a month. I would like to get a few more
select channels but not at the price they want for the next level of service
10. It costs way more than most other areas in Washington State to subscribe for basic cable on the peninsula. For Example, Lacey, Wa
offers basic cable for $1 5/month.
11. I have the grandfathered ultra basic service at $21.99 per month, and my responses above should be considered accordingly.
12. My "Economy Basic" is no longer offered and I have been informed I must upgrade. Though have been given no definite date. My rate
recently increased from $19.99 to $21.99 per month, though some channels were eliminated a few months ago.
13. My concerns are cost - I am retired on a very small income.
14. We are retired on limited incomes. We are concerned with the rising cost of Cable services. We find our home would require
extensive/expensive alterations to receive digital programming recently available via NW Cable TV.
15. For $29.50 per mo. equals $354 per year. That amount of money should pay for all available channels except your HDTV -Internet -
DVD - High Definition TV! You are gouging the public.
16. "Northland has taken several channels out of basic tier (A&E, Fam, TNN etc) and put them in a higher priced tier.
17. The quality of the basic services channels keeps going down and the cost keeps going up. It is easy to see why so many people are
opting to put their money into satellite dishes.
18. We pay too much already, @ 29.99/mo compared to friends of ours in Victoria with Shaw Cable TV with more channels at less $.
19. My principal complaint is that we have no low cost service option. Because of our geography we must have cable for the most basic
channels. I would like to get to channels 2-13 plus FM reception for $10 - $15/month.
20. I have lived in PA for 1 1/2 years and have experienced an increase of over 30% in "Basic Service" from $18 to $28 with a change in
some channels but not an improvement in selection. I now have "Expanded Basic" and am considering going back to Basic
21. I used to have the economy basic service. I found that several channels were repeats, so the total number of channels weren't that
many and for the price charged (almost $30), I can get direct TV with 40 channels plus the 3 local stations for $26.
22. I understand this is a small market, but in Colorado (where I recently moved from) the cable service that was provided offered
approximately 60 channels with expanded basis, and only cost $28.75 /month. Basic channels that I miss are: FX, Comedy Ch
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 20
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Value
1. What is the .04 other charge every month?
2. 'We pay more and have less - that is not right.
3. Price has been going up while quality of programming has declined.
4. Most of my family lives in the Portland, Oregon, area. For their cable services they spend less and receive more channels. Lower cable
service should not be a downside to living in a smaller community.
5. The product offered by Northland Cable is poor at best. In comparison with offerings in the Seattle area, we pay the same price for a
fraction of the channels. There has been an ongoing practice of removing popular channels from the basic tier
6. I am elderly and easily satisfied with whatever is offered on Cable TV, but I feel like the rate has gone up while the numbers and quality of
program has not.
7. Pay more and more money for fewer and poorer channels.
8. Northland Cable can get away with anything they want to. They take away good stations because they have raised their price and give us
something no one wants
9. Seems as ~ NWa raises rates every time they re-do the line-up, while deleting channels we mostly enjoy, e.g. ch 16, ch 10, etc.
10. Rates keep increasing at any discretion of Northland. Programs seem to decrease. Question value received for rates charged.
11. My objection to present cable service centers on the manner they continue to raise rates while decreasing the service. When I signed up
for cable TV the channels which I enjoyed, CSPN, A&E, etc. have been moved off my contract. I resent this
12. All we see is the price going up - poor selection, movies shown over & over. For a few dollars more we could get 100 more channels
13. I think we pay a high price for what we get in return. I'd like to see Disney added to the Expanded Basic service at no additional charge.
I'm considering going to a satellite dish so I can get it all and pay less, but would be willing to stay with cable
14. There should be no "tier". All subscribers should have the same access to all non-premium channels. We have had our Canadian
stations taken away. I miss them. These channels gave us an opportunity to see programs at a different time and with much bet
15. Too little for too much.....rates continue to rise and good channels keep being removed. Need local news back......sent us to purchase a
dish.
16. We just called Northland Cable and cancelled our service with them. We were fed up with sub standard cable, and paying higher rates
than anywhere I have ever lived.
17. For less than $50 a month, a person should be able to access local, network and other telecommunications products RELIABLY.
18. I am willing to pay a fair fee for service.
19. My children in Bellingham and Seattle pay less and get much much more: More channels, better service
20. We pay too much for what services we get already, however if current prices could be maintained and additional services added then I
would be satisfied.
21. I am peeved that they keep raising the rates
22. Rates are too high already
23. I would like cable TV for $25/mo with the feature that the cable TV company only had to provide me the channels I want. I would be
willing to submit to choosing about 1/2 of the number of channels they pipe in my house now.
24. This cable company has repeatedly proven itself to be unreliable and manipulative of the pricing structure. Complaints to the City and the
local company went unanswered. The parent company didn't return calls.
25. Why is cable so expensive, in other cities more channels are offered and it is cheap
26. Northland is outrageously overpriced for channels and service provided. Seattle gets over 2.0 channels more at $5 less a month.
27. When Northland took over in 89 they said they were not going to raise the rates but the first thing they did was just that
28. Cost of services has exceeded inflation rates, yet value is less
29. We cancelled our subscription to cable tv over two years ago because of the continuing rate increases and shifting of channels to higher
premium subscription rates. We simply had enough of the monopoly and are now reasonably satisfied with our antenna
30. I think we pay way too much for what we get
31. When we moved to PA in 1989, we paid $17.30 per month for the TV. It is now 42.79 - quite an increase.
32. Why do I receive four (over the air) UHF channels with my antenna that the cable company doesn't broadcast? for free? Do they really
care about this community?
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 21
Value
33. We are very unhappy with what we get for the money. We should not be compared to Seattle rates--this is the only game in town.
34. Very dissatisfied with the local cable service. Channels are implied and promised (e.g.: the Sci-Fi Channel that was advertised and never
came) and the rates go up with little increase in service or product.
35. I am not a cable subscriber. The service is too expensive for the services provided. There should be a more basic package available so
we're not paying for what amounts to junk.
36. We pay a set amount of channels/month & have seen many disappear, only a few have been replaced but our fee has never gone down.
Why?
37. Rates keep going up for no additional service. What's that all about? To increase service/buy new equipment/improve quality of existing
service? No evidence of any of that.
38. I think our cable tv is too expensive. If dish systems get any cheaper, we will switch to that.
39. We really could not afford any more per month as we are retired.
40. We had many more channels/programs available with TCI/AT&T for a less expensive price where we used to live in Snohomish County.
We are not complaining about Northland but naturally would like the most for our $$. We normally watch (evening) TV
41. I think the monthly charges far too high!
42. They keep raising the rates
43. I think we should have more channels for the money we are paying.
44. And last of all please lower the rates.
45. Rates are too high.
46. February 2001 charge: I can only get digital Cinemax on TV because of required box. I didn't want digital but had to, to keep Onemax.
Rate went up $2.00 per month.
47. I think that Northland Cable is much to high priced compared to other cable business in other cities and states.
48. Some of this I didn't know how to answer but the rates are getting so expensive I don't know how long I can keep this. I have a very
limited income, but with my disabilities I rely on TV a lot. I think there are too many news channels
49. The cost is too much now; I am looking in to a Dish that cost less and gives more. Northland does what it wants in this city and gets
away with it. That is why more and more people are going to dish.
50. Expanded Basic (39 channels) should all be digital for $50 or less.
51. I object to the increase in rates from $23.95
52. I pay for channels I don't need or even want. I would like to select my channels and not be forced to pay for channel
53. Cost is too high! Regulation is a must!
54. They raised rates and provide less service. Would like better music. Ch 9 is the only one with classics.
55 In my opinion we shouldn't have to pay for Channels 3, 8 & 19. They are advertisements. NOT programs for entertainment! ONLY!
56. The monthly charge for the poor programming is far too great at the present time.
57. We have no complaints about the quality of the picture or other services provided by Northland Cable; however, we think their fees are a
rip-off! We pay almost $42.00 a month for the Ultra Basic cable
58. The fee is already too high.
59. I think the cost is already too high for the stations we get. Many of the channels listed under standard basic we can get them free. They
have it so you must buy almost everything they offer to get what you would really want to watch.
60. In my opinion. Northland is going to force many retirees off cable with their too frequent rate increases.
61. Price already high.
62. I don't want to pay any more. Low income. I don't need any more television stations. Am satisfied with what I have. Am only living on a
small income and paying for my house yet.
63. In 1997 we completed building a new home. A TV cable was laid underground with the utilities. The house was wired for cable TV. It is
now 2001, 4 years later and I have and will not be hooked up to Northland Cable. They charge too much
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PROGRAMMING
Quality
1. The addition of KONG 6 is a waste. It carries a hodgepodge of programs. Channel 27 CNN, is one of the most watched stations by most
retired. A Northland worker told me that they use 27 as their test channel and that is why the station is interrupted
2. To many good stations have been taken off and replaced with bad, worthless programming.
3. Should be more stations like channel 9 with decent programming. Most of the other stations are too full of crud to be interesting.
4. Adding more channels would not appeal to me if the type of programming is the same--and that is not Northland's fault! Sex and blood
and sex and low comedy are not my cup of tea! Unless one watches sports that's just about all you get--except talk shows
5. My answers regarding increased TV watching assume that an incredible transformation occurs and the quality of cable and network
broadcasting improves. It's really pitiful right now..,
6. The majority of channels offered are not what I would prefer to watch.
7. As price has increased, the quality of the offerings has, at least to us, decreased. Example, elimination of History channel. It also appears
to us that we are paying a high price for rather limited offerings.
8. Now the offerings are loaded with sordid stuff e.g., violence, language restraint gone, 11 to 13 "judge" shows every day
9. Please, less hours of 'paid programming' what a waste of time. Give us back channel 28 - what used to be A&E. More quality, less
quantity.
10. Quality is the answer not quantity.
11. The quality of the basic channels has deteriorated over the past few years. "Junk" stations like KONG, QVC, Ed. and govt. channel, Ch. 3
(TV guide used to be on Ch 3). We have lost A&E, USA and 2 Canadian Stations.
12. I cancelled my subscription to Northland Cable last year because I was very dissatisfied with the programming offered and what I
perceived to be higher charges for fewer available programming, i.e., the programs offered initially were moved to a higher tier
13. Poor value for the customer. Few channels for too much money.
14. I would have subscribed to the digital package, but the additional channels offered were of little or no interest to me. I feel the line-up of
channels that Northland offers is very limited.
15. The number of channels is dropping and rates are going up --less value even if rates didn't change. Fortunately, channell 0 (Canada)
is available with rabbit ears.
16. The TV we receive is a disgrace - We were better off with rabbit ears and we could get, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 - and the programs
were good, not trash. The fee I pay is about $1 per day, and we get $100 worth of advertising and programs.
17. There should always be a good program selection for a reasonable cost. Please!
18. I am disgusted with diminished service at higher cost.
19. Out of the six different cable systems I've subscribed to in the previous places I've lived, Northland provides the worst channel selection
for the ~ighest per-channel price. Northland does not provide many of the channels I would like to receive.
20. Cable Company needs to allow subscriber to select the channels they want to receive and then pay on the basis of the number of
channels selected. Right now we must accept package as is or else!
21. Our current cable subscriber continues to increase prices and decrease the amount of cable channels you receive for the higher price.
Most channels we pay for are either infomercial, one of several news channels, or a similar duplicate of another channel
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Content
1. Please! Please! Give us back the Canadian Station's. We need more CULTURE.
2. Get back the Canadian channels
3. Bring back good Canadian channels (6, 8, 10)
4. My biggest problem is the taking away of Canadian stations, such as Channel 6, and also Channell O. I enjoy figure skating and this
weeks worlds are all messed up because we don't get channel 6
5. We were quite disappointed when the Canadian channel 6 was taken off, and Kong TV from Seattle put in its place"
6. I am furious with the loss of Canadian Channels.
7. I want Canadian Channel 6.
8. Ch 6 Canada
9. Bring back Canadian channels 6 & 8
10. Bring back CHECK 6 (Victoria Channel)
11. Victoria has local interest greater than Seattle. Example - News and weather closer to Port Angeles.
12. We watched Canadian channels 6 and 8. Very dissatisfied with replacement channels. our viewing time has dropped appreciably. We
also regularly watched Channel 3 news.
13. Please return Canadian Channels 6 and/or8
14. At times there seems to be little on worth watching, but I doubt if that is the fault of the cable company. However, I want channel 6
returned to the lineup.
15. They took off Canadian channels 6 & 8 - which had all the wonderful champion figure skating and no American channel has this coverage
- why won't they get it back? Also their listing of programs in the paper is terrible.
16. I would like to see CHEK Channel 6 Victoria on the cable as it is almost a local station. It would be a good attraction for locals and
tourists alike.
17. We have lost good stations, i.e. Disney, Ch 6 CHEK, Ch 10, Family.
18. Channels we would like to see added: C-SPAN 2, MTV, Comedy Central, and Canadian broadcasting (channels 6, 8, 10).
19. 10 additional tv channels. Would really like some of the 10 to be Canadian 6 & 10.
20. Late night HBO shows are vulgar and should be replaced by sports or movies (not X-rated). Sitcoms are silly and of no entertainment
value to this family. Channels 6 & 8 should be added to the basic cable.
21. I can see no reason why the cable company took away channels 5, 6-10, 15, 16, 17, & 18. 6 & 10 have been replaced with more
unneeded sports programs and old reruns. It must be cheaper for them to drop the four. Why were our rates raised then?
22. Taking the news off the air. I watched it every day. Replacing channels 6, 10 & Family with junk.
23. I want channels: Lifetime, ME, return of Canadian channell 0
24. There are too many news and gov channels. They took off the Canadian channels and never replaced them with anything decent. Every
time they change, it's never for the better. How about Animal Planet and TMC? For what we pay, we don't get the variety
25. They keep "improving" things by removing channels we enjoy and putting garbage like KTZZ in their place - Over the past few years they
have removed A&E, Family, Headline News, Lifetime, Nickelodeon, TNN, USA and the Canadian Channels 6, 8, & 10.
26. We opposed the removal of the Canadian channels. We would like the return of the Canadian channels which have been removed.
I would also like to have the food channel and the weather channel. If the prices get raised again, we will have to go to a dish
27. I would be very happy if the Weather Channel and CSPAN2 were on Northland Cable. Also, I'd like the Canadian stations back. Thank
you.
28. I do not have cable at this time and stopped in October. I believe they are to high price when you put it against the dish. They seem to
have a lot of sports and got rid of the Canada station
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Local News
1. I would like the local news and the Canadian stations to be back on. I do not like CSpan on ch 3 because I cannot get the weather info in
the evenings.
2. The local news program was very interesting and important to us on the peninsula - we have no coverage from anywhere else and
Dennis and his crew did a good job keeping us current.
3. Bring back local News!
4. I was very disappointed when the local news was discontinued. The major reason I subscribed to cable was to have access to Northland
Cable News. It was almost immediately discontinued. I do not think it should cost more for the local news.
5. Bring back the Northland Cable News program.
6. Without the local news and access to City Council meetings, I might as well join the Dish network. If the NC response to the survey
doesn't indicate a timetable for those two, that is exactly what I will do.
7. I miss the local news program we did have with channel 3 - A & E and TCM as part of the basic group.
8. Isn't it part of the responsibility of the cable company under the terms of its franchise to provide local government access programming?
If not, it should be!
9. Would like Channel 3 news back!! Why isn't Odyssey (10) listed above where it would be easy to find? Our channels would be easier to
find ij they were listed in order by number.
10. I would like ch 3 returned as it was Dennis did a great job. He brought the local activities to our home via cable. As a "frail" lady over
80 I cannot get out and about.
11. If you are going to provide local news it needs to have more publicity so that we are aware of the time. We didn't watch it when it was on
previously because we didn't' think of it.
12. Change channel 3 back to the other music they had before (I don't watch it at all now)
13. Bring Dennis Brag back for local news.
14. You cancelled Canadian TV, scrambled all the channels, dumped Dennis Brag, and upped the rates. I switched to Satellite when you
dumped Dennis - there was no need to continue the frustration at a higher price.
15. Lack of a local news program is greatly distressing, and the rationale given by management at the time was poor: "it didn't make
money". In fact, it is one of the only reasons we have cable, and ij UPN is ever available on satellite, we would probably drop cable
16. I am very unhappy that Northland Cable keeps changing what is available, without improving anything. I am very upset that the Ch 3
news was just done away with - it was a program that I watched on a very regular basis.
Sports
1. On the west end we would like more channels to include the local (Seahawks, Mariners, etc) sports games.
2. The recent northland decision to shortchange us in respect to the number of mariner baseball games that we will be able to see was the
final straw. without asking for comment, northland (aka hooterville cable) has decided for me
3. I am a faithful Mariners fan and I am very dissatisfied with sports Ch-FSN for not televising the 104 Mariners games as they were
scheduled to. I can't understand why certain areas can't televise the Mariners games
4. Included an article with survey noting that Northland Cable does not provide the Mariners games
5. Have cancelled cable due to limited sports channels, mainly FX.
6. Currently, sports is consuming good channels where I have favorite programming which is bumped for basketball. Please put sports on
a channel that will not disrupt viewing by the many people who do not like sports on TV.
7. Our only interest in sports is hockey, other than that my wife doesn't watch television. I may watch an old movie now and then or
something on A&E I Disc. Hist. or TLC once in awhile. The rest of the programming has nothing that is of interest
8. No children & don't follow sports, to many sports and children's shows.
9. We appreciate your caring service. I would love to see ESPN classic sports channel and the Madison Square Garden channel, tennis
channel added.
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Page 25
C-SP AN
1. The only additional channel we would like to have is C-SPAN II. It is book oriented, and a community with such a great library should
have a complimentary book channel. Reading is one of the main forms of recreation on the Peninsula.
2. Until a few months ago, Northland provided c span, which covers all us house of representatives sessions and many other matters of
public interest in its lowest cost service, std. basic. Then, it moved cspan to 44, expanded basic., contrary to the public.
3. Make northland provide cspan in the cheapest tier. Make northland provide cspan-2.
4. I am very disappointed in action by Northland Cable TV in taking CSPAN off of basic rate of $29.95 and extra $2 per month and forcing
as subscriber to pay an additional $10 per month to get CSPAN in daylight hours.
5. Why is CSPAN on channel 3 when it is already on channel 447
6. Disappointed to have lost A&E and CSPAN!
Music
1. As you can see our family is incredibly dissatisfied with the current service. The fact that there is no other music channels besides 2
country western stations is completely ridiculous this is the 21 st century
2. Would like to see VH1 & MTV back, not all like country music channel!
3. The most annoying thing about the cable to me is the lack of music channels like MTV or VH1. I would be willing to pay perhaps five extra
dollars per month for these channels
4. Would like MTV or VH1 instead of Country Music.
5. About Music channels: What they call music on TV is not what I call music.
6. Music on ch 3 is terrible. Don't like chamber music or rock or jazz. Miss FMC channel.
7. Our kids were unhappy about zero music channels - Country Western does not count! We had Disney as a Premium channel and then
they dropped Disney as an option.
8. Northland's selection of stations is terrible. The country music TV channels are wasted channels. The Weather ChanneL.one of the
most popular in the country and a subject very important to the Peninsula needs to be a part of our Basic cable.
9. I had ultra basic service, and one of my most enjoyed channels TNN Nashville Network was removed from that tier. I complained, but to
no avail. "
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Customer Input
1. Why do we have absolutely no voice into selection of cable station content 7"
2. My biggest complaint with Northland is that they make changes to the programming lineup without any customer input to the process.
You take what they have to offer, or you do without.
3. The basic cable service does not provide the viewer with any say in the selection of programming. There should be options within the
parameter for the basic service. There are channels that provide nothing right now - channels 3, 8, 17, 18, & 21.
4. We have never had a service problem so I can't judge them on this attribute. My frustration is that the consumer can't buy just the
channels that they would like; Le., you have to buy a prescribed package of channels. We buy the minimum package
5. We would like to be able to pick our own TV channels to watch. Not have someone telling us what we are going to see, and what price
they think we should be charged.
6. I have had no trouble with the cable company. There has been times they have taken away channels and substituted others or have not
substituted any in their place. Which I do not think they should have the right to exchange channels without permission.
7. I have not been happy with all the changes and I'd like to have had some say in the changes.
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Channel Substitution and Elimination
1. I don't like Northland cables practice of taking popular programming and either eliminating it (without any reduction of rates) or moving
the popular programming into a premium package (without any reduction of the rates)
2. I did not like the deletion of channels that I like (i.e. Family channel) and the addition of ones I don't care that much for, and then raise
the rates at the same time. "to serve us better"
3. Provide channels people watch on the expanded basic i.e. history, nickelodeon, life time, usa and all the others they have taken away in
the last few years. Instead of taking away and charging more maybe they should try to offer more for a higher price.
4. I hate that every time we get a good program like discovery or Disney they put it in a higher category and charge more. I would like
EWTN which is free to you. It is from Birmingham AI. and is Mother Angelica. We have begged for it many years
5. Channels removed or raised to another level are wrong
6. My greatest objection is the way Northland deletes stations and replaces them with inferior ones. They have taken away USA, the
Nashville Network, Lifetime, and probably others. Then in return, we have KONG (well isn't that a bunch of junk), Odyssey, KT
7. When you have taken off channels (ones we like) you substitute ones that are "no good"
8. Quit dropping channels that are good for bad ones, e.g. dropping the fox family channel for the odyssey channel. Add VH-1 so us people
that do not like country music will have something to watch in that area. Add something that people might like to watch
9. We get the basic channels. Northland continually discontinues 'the good channels and substitutes ones of no interest to us.
10. It makes me mad the way the company keeps changing all the programs. As soon as you get used to a new program you drop it and
then you have to pay more for your service.
11. Northland Cable TV has continued to change the cable line up. Removing programming that customers like from the Basic lineup so that
we have to pay more to obtain the programming we like or have become accustomed to.
12. Many of the channels for which I joined cable initially have been taken away, MTV &. the Disney channel specifically. &. yet the monthly
service has climbed steadily over the years with less offerings. Not many people want the history channel or old movies.
13. Quit taking away channels and then charging more. Last year the Mariner games were on channel 31, why aren't they this year?
14. Unhappy about losing channels 6, 8, 10, 17, 18. Take channels away from us and rose the prices. Do not like Ch#s being the same as
channel 44. Do not like that they took the weather report away from #3 at 8:00 PM and leave it off all night.
15. Northland's franchise should not be renewed without the promise of immediately adding VH1, E, MTV,IMC, CMT and channels typical of
franchises serving similar cities to PA (example: Cox Communications of Humboldt County, Calif.) -- at no addition
16. What BUGS me most of all is losing channels (Family, Disney, MTV) with no compensation or reduction in rates! Right now I'm on the
verge of dropping cable altogether like dropping Family channel was the straw that broke the camel's back!
17. Very strongly dissatisfied - when we got cable we had channel 6 &. 1, these were taken away. Rates did not lower, in fact they were
raised twice without notice, (when I confronted Northland about hikes they said I was notified).
18. Northland Cable continues to drop channels yet raises prices.
19. We're generally not pleased by the continuing decrease in channels availability and the continually increasing cost for what we receive.
We're considering a satellite dish, but surrounding trees may prevent making the switch.
20. I'm not interested in more channels as much as I am with an improved selection of channels. Northland has continued to withdraw
quality television (Disney, MTV, Canadian stations) in exchange for weak and probably cheaper programming.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
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Subscriber Preferences
1. Northland Cable does not offer the channel selection that other cable companies give their subscribers in similar sized cities. Years ago,
NC took away MTV. I do not watch MTV, nor do I want MTV. But the fact is that NC took it away
2. Channel 3 and Channel 8 provide no real services. Do we really need 57
3. Dump PA channel.
4. Dump Olympus, which seems to be nothing than tired reruns of soap operas. Its schedules and programs are a mystery, including the
newspaper tv guide.
5. Not watching Country Ch 36
6. Not watching Fox News Ch 23. These could be eliminated.
7. Would like the weather channel added.
8. The weather channel would be nice.
9. It would be nice if repeated channels (in the digital channel range) were replaced with new programming (like the Weather Channel,
Animal Planet, and the Comedy channel).
10. Would like to see MSNBC back, don't like Fox news channel
11. Headline news changed to ch 96, poor viewing at times.
12. I think A&E and Science channels should not have been removed from basic tier. Billing keeps increasing with no added service.
13. It's not that I don't like what our local cable television has to offer. But, most of the middle section of the cable, I don't use, because it
has to do with sports or news, but I have to buy it to get the next level up so that I can get the channels I desire.
14. Channel selection does not seem to adequately serve the demographics of the area. If paying for the digital package, you end up getting
repeated channels which are already available on expanded basic package.
15. Way too much advertisement on Cable TV,
16. Why is there nothing on Channels 14-187"
17. Currently, Northland doesn't offer some of the channels we wish to receive (VH1 or MTV), and if I went with their digital service and get
the one channell want on that (Sci-Fi), it is not worth an additional $8.00/month with a bunch of game show channels
18. I would really like to get The Animal Channel.
19. I would like to be able to receive adult programming. With the new digital cable parents can set system to require a password in order to
access specified channels so that part should not be a problem.
20. Include PaxTV and HSN in the lineup.
21. Would like to get additional stations like History Channel. Compared to other cable providers in other parts of the country, I think we
already pay too much for the poor selection we have. Others pay comparable prices, but get two or three times the amount
22. Bring back Fox Family, Chek and Global.
23. Bring back the Family Channel - the basic had the Disney channel, then the Family Channel and both are now gone
24. Would like Game show TV station - Reg channel, Odyssey, Animal Planet
25. I have been VERY displeased that Disney Channel is not available and VERY displeased that channels are changed around so much. Our
rates go up anyway. I don't understand the problem with televising all Mariner games
26. Too bad they don't provide Disney.
27. I like arts and crafts but I don't like the crazy little nun and her art tours. She is kind of demented.
28. Add channels in particular a Spanish Language channel (SPAN) to Port Angeles line-up. (Expanded basic). Enough Latinos in area to
justify it and many non-Latinos who are interested. How about something for the minorities! Forks has it.
29. I would love to see "TBN" offered on our local cable system. This very fine Christian channel would fulfill the spiritual needs of local
residents on the Olympia Peninsula; for many shut-ins in our community, that is the only "church" experience they have
30. I would like to see the channels we used to get but have now been moved from basic
31. Not enough variety in selection.
32. Since I first subscribed to Northland Cable 12 years ago (basic), channels have been eliminated
33. I'm alone and enjoy the programming I have now.
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OTHER TOPICS
Internet
1. High speed internet access is a major need in this community. I feel we should also have access to the Weather Channel.
2. I do not currently have cable tv. I would be most interested in cable internet access.
3. I've been waiting eagerly for cable internet access... I hope that will happen soon!
4. High speed internet access is a must for PAl
5. We need high-speed internet connections NOW.
6. Please high speed internet access and community news and cultural, sporting events!
7. We would be interested in high-speed Internet access.
8. If one didn't have to pay $40 a month for 43 channels just to get 4, 5,7, 9, 11 & 13 in this area (without which one can only get 2 1/2
Canadian channels), paying a little more every month for internet access and local emergency alert messages would be OK
9. Not all of us want or need the latest in sound and picture developments or Internet hookups, and should not have to help subsidize the
bill for those who do.
Competition
1. My only comment is that it would seem a good idea to offer some competition to Northland Cable. Being the only option in town besides
satellite seems to give them an unfair advantage.
2. I am outraged that there is no competition here because other areas where there is a choice, offers better service at lower cost.
3. We need other choices of providers - Northland has too much control. AT&T, Qwest?
4. I feel that the city of port Angeles needs more than one cable company
Competition/Programming
1. We have cancelled our cable subscription as it took away educational programming. We enjoyed watching in the basic tier and charged
more money for less services. Another cable company added to the area would provide needed competition
2. I would like to have a choice of cable providers. Service and quality improves with competition.
3. We need another cable company for competition so they won't run around and remove good stations and add stations that they think we
want, but don't. It just gives them the right to raise rates on stations that we don't want.
4. I feel that the current cable company is nothing but a monopoly. I was upset when they did away with MTV, I didn't watch it but I think
others should have the right. They now have taken more sport channels away and put in more infomercial channels.
5. Bring back the local news and Canadian stations. Northland needs some competition. The rates are too high for what is given to the
customer.
Competition/Rates
1. You charge too much for cable tv. We need more cable competition. Another cable company.
2. I am very unhappy with the monopoly of Northland Cable. We do not have choices and not all of us enjoy country music. We are
currently considering changing to satellite only because Northland is expensive and do not offer good choices.
3. I don't like the way the tiers change and I think the cost for what we receive is too high. It's time for Northland to have some competition-.
so we can choose which cable company we'd like to purchase our cable from.
4. Already paying much more per channel than many other localities. It was a mistake to give Northland a long-term monopoly on our cable
service and I sincerely hope that you won't repeat your error. The company has a bad habit of moving desired channels
5. I would like to see more competition so the rates would be reasonable. I think it is too expensive for what we get and I am thinking of
going back to regular cable soon.
6. Northland Cable needs a competitor to help keep the prices down. The prices go up and channels are deleted so end up paying more for
less. On an overall rating, we are not happy with Northland Cable.
7. We didn't have a choice to have other cable service from different companies. It is a monopoly priced way out of control, too high.
8. Northland Cable is the perfect example of monopolistic greed. They have increased their rates more than1 O%/yr since they arrived. They
have increased rates even when the increase does not apply to cable TV. They sign up for less expensive channels.
9. Northland Cable TV is a monopoly and the absence of competition is reflected in the ever-increasing monthly rates.
10. Would be interesting to see what the fees from Northland cable would have been or would be at present if they had competition.
11. The city should not renew Northland franchise but, instead, open the franchise to competitive bidding and award it to a service provider
that can offer far more options at a more reasonable cost. The city also should consider operating the cable system itself.
12. In the last eight years, my cable bill has increased $9.00 a month and the number of channels has decreased! (5 or 6 channels,
including some Canadian channels) YOU MUST BREAK THIS MONOPOLY!
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Satellite Alternative
1. Sadly, I will be switching to a satellite TV format this fall.
2. We are now committed Dish users.
3. We don't have cable -- we have satellite service
4. I have currently switched to satellite because of better picture lower rates and more channel and their customer service is great.
5. Think my case different. Got disgusted with cable-taking channels away and adding more news channels. (We can only watch one of
those at a time) &. increasing the prices. I finally went to satellite
6. I found Northland to be difficult to deal with and very unwilling to provide me with service. One person was downright rude. I have since
purchased a dish and have better programming, better service and a lower price.
7. I dumped Northland 3 years ago and do not regret it at all. Their service was so bad, I jumped at a small satellite dish!
8. I have had a satellite system for over three years. Cable television cannot compare with the quality and program pricing I receive. I
receive over 200 channels for the price of 70 or so channels offered by Platinum digital. The quality is so much better
9. I was very dissatisfied with the quality of reception and rising rates for the number of channels received, so I purchased and subscribe to
digital satellite service which has 100% better Quality and no. of channels for the price.
10. We dropped Cable more than a year ago. We find the picture, sound, and service to be far superior on "Dish".
11. We switched to DirecTV about 2 years ago. Service has been excellent, and interruptions almost non-existent. Price was very
competitive with the local cable. The final straw for dropping the local cable was when they dropped all the Canadian channels
12. I now receive the dish network and plan to add ch500 to pickup local programming out of SeattlelT acoma. When this happens I will drop
the cable. I can get more channels for less money from the dish network. Also experience less day time outages on the dish
13. We are very dissatisfied with the local cable company (Northland). The quality of the picture has decreased and the quality of the
channels we get has also decreased. We have signed up for a dish
14. I am a 26 year old married female with two young children. My husband and I have opted not to have cable and buy a dish because we
feel our generation is largely ignored. We are dissatisfied that the Disney channel is now a premium channel
15. My household is terribly dissatisfied with the current programs. We will be installing a satellite dish within the next few months because we
will have access to many more channels for very little extra cost. Too much "Faith" based and sports TV currently.
16. Because of the high price of cable I am considering Dish TV, as you can get more channels
17. We switched to satellite because of the poor selection of programming provided by Northland, along with its outrageous fees.
18. I finally dumped Northland cable and bought a dish. I now get a better picture, better programming and I pay LESS!!
19. Today I am having cable replaced by dish. I was very unhappy with cable (Northland). Many of the better channels in the now $29.95
group have been put into more costly groups and replaced by junk channels. We lost all the Victoria channels to more junk
20. I have a satellite dish but also subscribe to Northland Basic in the hope they might keep their word to put back the Canadian channels
they stupidly removed. It doesn't look like they will so I will be forced to drop them and get a roof antenna
21. I would like to be able to subscribe only to selected local channels only. It would be nice to see the Canadian channels in addition to
KONG TV be in the line-up. I have a satellite dish now but rely on the cable television for all local channels.
22. I feel the Dish systems offer more viewing and listening options for the same amount or less money. What's the incentive for continuing
with cable service?
23. We have subscribed to Dishnet because of dissatisfaction with Northland's excessive pricing and limited channel selection. I would shift
back to cable service if pricing were brought into line
24. I had northland and got ride of them because I get more from rea dish for just a little bit more money think the cable company is a big
joke will never go back to cable after having a dish
25. We discontinued our cable service after many years of paying through the nose! We have a satellite dish now and are much happier with
the cost, selection and availability. We would do without TV before signing up for cable again!
26. My answers aren't really going to make sense unless you know that we dropped Northland Cable because the service was so expensive
and so limited and so poor. We now have a Dish and are very satisfied.
27. I changed from cable tv to the dish network because the cost per month was more than what I can get on the dish network with a lot
more channels that I enjoy watching, including local networks.
28. Quit Northland and switched to DirecTV in September 2000 because of NL's continuous increase in rates and decline in what they offered
for the increased costs. In 1996 my service was $32.+ per month - by 9-2000 this had increased to almost $40.00
29. You cannot expect to keep in business with the satellite dishes n you cannot compete with their prices and lineup. I can get 150
channels for the same price that you charge for 56 channels
30. No longer have cable have dish get 140 channels for the price listed with Northland for 50 channels much better picture also.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
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Satellite Alternative
31. I am currently disgusted with Northland Cable and am waiting for my satellite dish to be installed at this time due to the rising almost
monthly cost, constant deletion of an enjoyed channel, and juggling the channel line up all around too frequently.
32. Bought a dish due to the cost and the constant channel line-up changes. We feel we weren't getting much for our money. It was
becoming a monopoly as far as we are concerned. We get so much more from our dish! I would never have cable in this town again
33. We no longer subscribe to cable TV. We subscribe to Dish Network's basic package plus two stations that we pay extra for. We do not
receive any of the network TV programs. The network news channels are biased and poor sources for accurate information
34. Ten of my neighbors have dish TV and I will soon opt for a satellite dish. Direct TV provides 45 channels for $21.99 per month"
35. As soon as cable rates pass satellite rates I will consider switching. Some of the expanded basic channels I would not sign up for. I had
no choice in order to get the channels I want I have to sign up for the whole thing.
36. I know more and more people have gone to the dish since local cable have increased their prices and decreased the number of channels.
I have inquired about it. They could not get to me in that month, but I am still thinking very strongly about changing.
37. I turned off the cable company this year after they dropped the Canadian channels, raised rates and wasn't happy with their explanation. I
bought a satellite dish. There is just no comparison!! Northland's rates are ridiculous.
38. Recently cancelled cable after going to dish TV. We have been very displeased with the changes forced on us by NC along with price
increases for less. We enjoyed the Canadian stations and they were taken away without any options. Also poor reception
39. Current rates are in excess of the value received. For less per month I receive considerably more from the Dish.
40. The fees charged for the services of our local cable are outrageous. I can get more channels on my dish for very much less. When I first
moved to Port Angeles in the early 1980's, the local cable provider was reasonably priced.
41. With dish TV becoming affordable, cable needs to be more attractive to keep its subscribers.
42. The cost of cable has risen to where it's equal with the cost of satellite TV with no improvements to justify it. Our family will be switching
to satellite soon.
43. Current cable rate I pay is too much for what I get. I want more movies and music channels, but I don't want to pay too much more. I've
been thinking on getting a dish instead.
44. I would not pay this cable co. another penny. Over the years they kept charging more and more, then giving less and less. I have
disconnected my cable and now have satellite.
45. If cable TV rates go any higher, we will definitely go to Dish.
46. Northland Cable is overpriced and under channeled. I'm now using Dish 500. I'm very satisfied with it. 2 1/2 times more channels than
cable for the same price if not cheaper. My opinion is Northland cable won't (shouldn't) be around much longer.
47. Northland Cable is constantly increasing their charges while at the same time removing channels or placing them in a higher price range.
I am seriously contemplating purchasing a satellite dish simply because of dissatisfaction with Northland.
48. I have changed to dish network because I believe they have a better deal. I always felt like the cable company was ripping me off.
Miscellaneous
1. A partnership between the City and A private company (Northland) would be a bad idea. I can see nothing but a conflict of interest.
2. Believe city should regulate/monitor carefully activities/policies of private company in terms of cost/benefits
3. THANK YOU for providing this survey and for all of your diligent efforts on behalf of us in the PA community!!
4. Keep up the fantastic work you are doing.
5. It is in our best interest to express our thanks for letting us participate in this cable survey questionnaire. To the best of our ability we
have truly answered as correctly as we believe how.
6. I believe that Emergency alerts such as Tsunami, earthquake, flood or natural disaster should be aired as public service without cost to
subscribers or the city. Not to include messages.
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APPENDIX G.15 - TELECOM PROVIDERS AND USERS CONTACTED Page 31
Company Name Title Telephone e-mail I
Service Providers I
Northland Cable Television Pete Grigorieff Manager 360-452-8466 pete@northlandtv.com
Northland Communications Corp. Michael W. Roberge Western Division Ops Mgr 206-621-1351 mroberge@northlandco.com
Richard J. (Jack) Dyste VP Technical Services 206-621-1351 jack@northlandco.com
Qwest Communications Jane Nishita Regional Manager 206-345-2316 jnishi@qwesl.com I
Fairpoint Communications Daniel P. Fine Regional VP of Sales 704-414-2527 dfine@fairpoinl.com
Lynn Scherencel 360-417-9757 Ischerencel@fairpoinl.com I
John Utley jutley@fairpoinl.com
Century Tel Tim Grigor Wa. General Manager 253-851-1345
Jill Comsa Account Manager jill.comsa@centUrylel.com I
Ross Shenner Area Manager
Tony Nicholson Area Manager tony.nicholson@centurylel.com
Avista Communications Greg Greene President 509-444-4900 I
Karen Moses General Manager, Yakima 509-853-4010 kmoseS@avistacom.net
New Edge Networks Sal Cinquegrani Exec. Dir. Community Relations 360-693-9009
Nu Wave Communications Heidi Dunfield SVP, Business Development 54 t-386-50oo I
Ten Forward Communications Sheldon Koehler Owner 360-457-9023 sheldon@tenforward.com
Darren Atkins Manager 360-457-9023
Olypen Mike Breen Owner 800-962-8714 billing@olypen.com I
Jared Emory Broadband Design Engineer 800-962-8714
Terry Kennedy 800-962-8714 terry@olypen.com
Olympus.net Ned Shenann ned@olympus.net I
Dave Meyer davemeyer@olympus.net
Angeles Communications, Inc. Bob Jensen 360-457-4375 I
Excel Utility Construction Bill Roberds 360-452-1110 billwash@olypen.com
Clallam Co PUD No. 1 Fred Mitchell Assistant General Manager 360-452-9771 x235 fredm@dallampud.net I
Northwest Open Access Network Dave Spencer Chief Operating Officer 208-343-6477 dspencer@noanel.net
PA Prospective Large Users I
Clallam County Daniel Gouin Central Services Department 360-41 7-2000 x2406 dgouin@co.c1allam.wa.us
Port of Port Angeles David H. Hagiwara Deputy Executive Director 360-417-3422 daveh@portofpa.com
Bill James bjameS@potofpa.com I
Port Angeles School District 121 Steve Baxter Supervisor of IS & Technology 360-457-8575 x33 steve_baxter@pasd.wednel.edu
Peninsula College Ken Jacobson Director of IS 360-452-9277 kjacobso@ctc.edu I
Emma Janssen emmaj@pcadmin.ctc.edu
Olympic Medical Center Evan Boyd Sr. Network Administrator 360-417-7192 eboyd@olympicmedical.org
Craig Haught I
Eric Jacobson
Gary Smith grsmith@olympicmedical.org
Virginia Mason Port Angeles Ida Brooks 360-457-2156 I
First Federal Savings & Loan Paula Johnson 360-457-0461 paula@ffpa.com
Daishowa America Kathy Prince IS Supervisor 360-457-4474 kathy.prince@daishowaamerica.com I
Jason Mangano jason.mangano@daishowaamerica.com
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APPENDIX G.16 - TELECOMMUNICATIONS NEEDS AND SOLUTIONS WORKSHOP
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670 Lotzgesell Road
Sequim, W A 98382
Ph: (360)- 683-2677
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TELECOMMUNICATIONS NEEDS AND SOLUTIONS WORKSHOP - EXECUTIVE SUMMARY
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Overall, 19 participants took part in the Telecommunications Workshop on March 30, 2001,
generating between 250 and 300 response cards on 10 key questions that were developed for theJocus
group component of the business plan. (These are detailed in the Detailed Report). The primary findings
are as follows:
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1. What telecommunications services needs does your organization have in PA today? Are there any
un-served broadband needs? Are your needs changing? If so, how?
Participants first considered their present, unserved telecommunications needs with the demand
for high-speed connectivity clearly ranking as the most important demand that's not being met with the
present infrastructure. Participants were then asked to list the areas where they had specific
telecommunications needs in their organizations today, or in the community as whole. As with many of
the questions throughout the workshop, the panel clearly said they not only want "fast"
telecommunications services, but also want them at "affordable" prices. Finally, the groups were asked
how their telecommunication needs could change in the future. The prospect for the convergence of
combined telecommunications services (TV, phone, Internet) emerged on top. Business people who
participated further expected the need to compete, or offer new services via the Internet.
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2. How would your organization use a broadband wide area network if it were available and
affordable?
Workshop participants were asked to consider how they might use the telecommunications
backbone if it were available now, at an affordable price. The morning panel's involvement in local
government clearly showed with the top selection favoring remote connectivity and service to offices and
departments scattered at various locations around the community. Other top responses included the
prospect for video conferencing and remote training and education for people who cannot travel to
attend school.
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3. Is development of a broadband network throughout PA important? Should investment be limited
to those areas that make economic sense or should the City pursue citywide development? How could an
investment in a citywide project be justified?
Participants in the morning workshop clearly believed that the network should be developed
beyond a "limited model", in order to include more population in potential services and improve
economic impacts throughout the community, although cost was mentioned as a factor. The afternoon
work group suggested a "limited" deployment might be a possible path for initial network development,
using partners for expansion. At the same time, the participants felt a large deployment is necessary if the
network is going to have the greatest benefit, in the shortest period of time. In fact, they saw partnerships
as key to overcoming service limits. Participants felt economic development and education opportunities
were a primary means of justifying the network in a community network.
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Appendix G.16 - Telecommunications Needs and Solutions Workshop - Executive Summary
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5. What are the advantages/disadvantages of a City partnership in a broadband telecommunications
backbone to enable broadband services for business?
Not surprisingly, the issue of" cost" topped the list of" advantages". When it came to
disadvantages, the functions and use of a joint network, such as security of documents and information
management were mentioned. The afternoon group saw specific advantages to such a partnership, not
the least of which was the rate of broadband deployment, and the use of existing technology, although
the panel expressed concerns about working out the details of such a partnership.
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6. Is "open access" and competition important for the advancement of broadband
telecommunications services?
The morning group simply said "yes", open access was important. The afternoon group felt open
access could benefit the consumer, with more options, better service and lower prices.
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7. What criteria should the City use to evaluate proposals to develop a broadband
telecommunications infrastructure?
Quality of Service, cost and Return on Investment emerged as the top considerations, with other
suggestions such as "access to many or all", and consideration of existing resources and how to integrate
those into the network. Other factors included reliability, technology and experience (of potential
partners).
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8. What needs do public, educational and governmental organizations have that may go un-served if
a broadband infrastructure is not developed?
The morning group clearly showed a determination that the network should be constructed,
again with the cost of development a theme in their responses. The afternoon panel, with a greater
number of business representatives, expressed concerns that the lack of a network would slow economic
growth and hurt the community's ability to compete in attracting new business.
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9. What obstacles would need to be overcome with "last mile" infrastructure?
In this question, participantE were allowed to freely touch on a variety of challenges that must be
bridged with the "last mile" deployment of a community network. The cost of that development was the
primary concern, but others worried about the time for construction, administration, how to avoid
construction disruptions to the community and convince people of the importance of building the
network.
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10. What types of business/industry could we attract to PA if broadband services were available?
These responses touched on a variety of business sectors that need broadband in order to
compete in today's markets including call centers, engineering/ architectural firms, high..tech research
and development and any "businesses that use Internet distributed & developed products & services."
Some suggested the network could attract" any business who brings employees who have high
expectations in the area of high speed connection & services" .
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11. Should the City be involved in providing telecommunications services, or only be the service
provider of last resort?
The groups were asked to separate their answers into subheadings of "advantages" and
"disadvantages" of the City of Port Angeles actually providing the telecommunications service.
Generally, most in the morning workshop saw the disadvantages of this scenario, saying, "Government
should not be competing as a private enterprise". But the afternoon panel felt that the city could/ should
actually take steps to insure the availability of service if necessary, although they expressed concerns
about the city's expertise and expense of such a deployment.
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APPENDIX G.17 - TELECOMMUNICATIONS SAMPLE SURVEY FORMS
Page 34
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City of Port
Angeles
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Telecommunications Survey
The CIty of Port Angeles is conduc:tlng a community telecommUnicatIonS needs
and Interests survey and asldng for Input from itS business, educatlonal,
community organIzatiOnS and Interested cItIzenS.
The Informatlon you provi<Ie wllIbe treated conftdentlally, will not be dlsdosed,
and will only be used for the Oty's survey.
INSTRUCTION fOR (:OMPUTlNG THe SURVn:
Please provide your name,and .COntatt 1tIfom'18tlon, and respond \1) each
question by darkening the cirtle."",, a dk:k.of your mouse. Please seieCt the
response that comes ,dOsestm your own opinion. A space IS provide(lat the end
of the survey If you have afW .additIonal comments.or recommendations you
would like to share. Afteryouhavecornplet8d the survey loc:ate the "submit'"
button and send It to the CIty with adlc:kofyour mouse.
Contact person
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Appendix G.17 -Telecommunications Sample Survey Forms
Page 35
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What telecomnu.tnications services does your organization receive,
and what is the estimated month'v cost?
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What are Your Future Needs and Interests?
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8/31/01
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Appendix G.17 -Telecommunications Sample Survey Forms
Page 36
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rn>I: by the Oty
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Metropolitan Communications Consultants
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APPENDIX G.18 - TELECOMMUNICATIONS EXHIBIT 4-6 CHARTS Page 37
CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (1 of 4) I
I]J Access Unes 0 Future Unes 0 Dissatisfied I
300 I
250
VI 200 I
OJ
c:
:=! 150
~
OJ
u
~ 100
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0 I
SOHO Key Centrex PBX CT1/lA N Unspecified
Voice Communications
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IE Access Unes 0 Dissatisfied
10 I
8 I
VI 6
OJ
c:
:=!
VI I
VI
OJ
u 4
~
2
0 I
Security/Monitoring Webcam 2-way video Other
Video Communications I
I]J Access Unes 0 Future Unes 0 Dissatisfied I
80
60 I
VI
OJ I
c:
:=! 40
VI
VI
OJ
u
u
<
20 I
0
Analog voice Digital voice Voice/data Other I
Wireless Communications
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Appendix G.18 - Telecommunications Exhibit 4-6 Charts
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CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (2 OF 4)
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fill Access Unes 0 Future Unes 0 Dissatisfied
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20
15
'"
Q)
<:
:::J 10
'"
'"
Q)
u
u
<
5
0
Frame relay OS-I OS-3 OC-3 Wireless
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Data Communications
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fill Exist Accounts 0 Future Accounts 0 Dissatisfied
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80
'" 60
c
::>
@
< 40
<;
E
.s
'"
::> 20
v
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o
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Dialup 051144 051192 051384 051768 051 Wireless Other
56 1100
Internet Access
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GI LAN sites OWAN sites 0 Dissatisfied
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300
250
'" 200
~
Vi
~ 150
~
Q)
z 100 I
50
0
A pppletalk ARCnet Token Ring FOOl
n
i!
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ii
"
,l
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Ethernet
Other
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LAN/WAN Computer Networks
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Metropolitan Communications Consultants
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Appendix G.18 - Telecommunications Exhibit 4-6 Charts
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CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (3 OF 4)
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rn U1P cable [] Other [] Optical fiber
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20
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80
60
Vl
E
~ 40
>-
Vl
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o
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Premise
Voice
Premises
Data
Premise OSP Voice OSP Data OSP Video
Video
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Respondent Owns Cable Plant
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[] Responses rn Yes
80l
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60
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40
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20
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Telephone Data Video Current Current Data Current
Competency Competency Competency Telephone Funding Video
Funding Funding
Future
Telephone
Fu nding
Future Data
Fu nding
Future
Video
Funding
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o
Respondent Has Resources
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Appendix C.18 - Telecommunications Exhibit 4-6 Charts
Page 40
CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (4 OF 4)
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f]) Strong agree 0 Agree 0 No opinion 13 Disagree
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40/
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30
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Vl
OJ
Vl
g 20
0-
Vl
OJ
0:
10
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o
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PA needs competition Would change service Would change providers if
providers if same service, same service, same cost,
lower cost but higher speed
Respondent's Opinion
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/
30
25 ,
I
20 I
Vl !
OJ +
Vl
c: 15 !
0 I
0- I
Vl
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0
Nothing up to 25% up to 50% over 50%
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Willing to Pay to Meet Future Needs
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Internet Access
1. We only have dial-up.
2. Using dial up service
3. Modem 56K
4. Just know it's DSL
5. Dial up - slow!
6. BUT Slow where we are NOW at!
7. 24,OOObps
8. I live at the edge of the current physical limit for faster connections. I am told I can get IDSL. It seems expensive. I would like the City to
look into what circumstances would allow providers to be able to lower the prices and still make a profit.
9. Many of my friends and I would all purchase DSL from Quest immediately, considering it is only $20 per month. I am a student in the
computer program here at the college, and I don't know anybody who wouldn't switch to DSL if it were available here.
10. I'll pay $20 for DSL in Port Angeles
11. Would like capability for combined fax/data DSL line
12. Please get us competitive DSL prices we can afford.
13. Qwest DSL seems like it will be a good deal
14. We want DSL to have real-time internet access at a reasonable costs.
15. I would like DSL here!
16. All my friends want Quest DSL!
17. May be interested in DSL in future, but don't know about these choices
18. I need DSL!
19. I would like some DSL service!
20. Get me DSL please!
21. If this is asking if I'd like DSL, the answer is Yes...depending on the cost of the service (I am disabled and on a fixed income)
22. If the price comes down little for DSL
23. Depends on cost
24. Would like quicker access.
Future Access lines for Business
1. We will be needing additional incoming and outgoing lines.
2. should be adequate
3. None expected
4. Don't foresee expansion.
5. Probably eventually add add'l trunks
6. All Future Data Lines to be Fiber
7. Industry will dictate what I need
8. Additional DS-l lines as needed
Future Phone Features
1. We use Norstar Electronic Key System. Norstar is loaded with features
2. We have many features on our phones run through Symphony. Voice mail is through Octe!.
3. Voice mail when all lines are busy
4. Not satisfied with Qwest
5. Don't foresee expansion.
APPENDIX G.19 - TELECOMMUNICATIONS SURVEY COMMENTS (as submitted)
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Appendix G.19 - Telecommunications Survey Comments (as submitted)
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Wireless
1. We have been offering fixed wireless for 4 years now.
2. In answering that we need more telecom providers, it could be that we need more towers instead so our internet connection is not
interrupted so frequently.
3. Let private industry do it - you don't have to. If you insist on doing something you should investigate wireless instead of laying cable.
There is an ongoing test of wireless right now that you might look at
4. We expect more cell phones
5. Investigating
Future Video
1. Our hopes are to have video teleconference when the technology is available.
2. NetConferencing would be something I am interested in, if it is included with my internet access
3. Have Intra-building video.
Would change providers if same services, same cost, higher speed
1. Existing are OK
2. Unless I'm sacrificing service.
3. Maybe
4. as far as internet providers go... if cable modems were available at same (or lower) cost as OlyPen I'd definitely change
Willing to pay to meet future needs and interests
1. Should pay less then we are paying OlyPen.
2. I could see some increase, but not 25%.
3. Given the growth of technology, would expect to pay less in the future for improved services
4. Depending on services offered
Miscellaneous
1. It is of concern to me that we stay ahead of the game in regards to the communications available to us as a business. Our ability to
function and to survive depends on this. I strongly encourage funding development and education. Thank you for the opportunity to
comment.
2. Other than normal phone service, we have no services in these areas. In the near future, we would like to get standard Internet access,
and at some future point we would like to be able to offer ticket sales both online & over the phone
3. Since my business is small enough where I don't need to worry about this new technology, I am blissfully ignorant about much of what
this survey covers. Like most business owners in the area, I have no opinion on the subject of high tech phones.
4. We are interested in more bandwidth than our current provider offers for faster data transfer.
5. We have entered a period of Email glut. Just managing loads can be frustrating for a small business. There should be alternatives that
make sense operationally and economically.
6. With the dynamic communication technologies changing so rapidly, my answers to this survey could drastically change too.
7. We need reliable faster internet service and web hosting. Decrease the down time of website.
8. We need to catch up with the 1-5 Corridor to become competitive!!!
9. We would like pricing at Seattle levels.
Metropolitan Communications Consultants
8/31/01
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APPENDIX H.20 - INFORMAL PROPOSAL FOR THE CABLE FRANCHISE RENEWAL
page 43
SECTION 1. CITY'S PRINCIPLES AND INTENT
SECTION 2. DEFINITIONS
SECTION 3. GRANT AND ACCEPTANCE OF FRANCHISE
3.1 Grant of Cable Franchise
3.2 Acceptance Of Franchise
SECTION 4. BASIC FRANCHISE TERMS
4.1 Franchise Not Exclusive
4.2 Term
4.3 Service Availability
4.4 Line Extension Policies
4.5 Rate Regulation
4.6 Provision for Franchise Amendment
SECTION 5. GENERAL CABLE SYSTEM REQUIREMENTS
5.1 Principal Features
5.2 Cable System Standards
5.3 Cable Modem Service
5.4 Cable Plant Topography
5.5 Headend
5.6 Upgrade to keep Technology Current
5.7 Technical Upgrade Procedure
5.8 System Reliability and Performance
5.9 System Capacity and Features
5.10 Subscriber Equipment Interface and Control
5.11 Emergency Alert System
5.12 FCC Testing
5.13 As Built Drawings
SECTION 6. PROGRAMMING AND SERVICES
6.1 Grantee Compliance
6.2 Programming and Channel Capacity
6.3 Community Programming Needs
6.4 Subscriber Mailback Programming Survey
6.5 Community Needs Ascertainment Process
6.6 Deletions or Reductions of Programming Categories
6.7 Obscenity
6.8 Parental Control Device
6.9 Closed Caption Signals
6.10 Cable Service to Community Facilities
6.11 Subscriber Service Standards
SECTION 7. ACCESS CHANNELS AND SUPPORT
7.1 Minimum Channel Capacity
7.2 Access Channel Activation Utilization Criteria
7.3 Additional Access Channels
7.4 Allocation of Access Channels
7.5 Use of Access Channels
7.6 Digitization of Analog Channels
7.7 Technical Quality
7.8 Designated Access Channel Managers
7.9 Video Feeds
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 44
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7.10 Rights to Access Channel Programming
7.11 Access Channel Resources
7.12 Grantee Capital Contributions and Other Support for Access Channels
7.13 Agreement as to Access Channel Contribution
7.14 Access Channel Interconnection
7.15 Demographics Research
7.16 Additional Cable Franchises
SECTION 8. INSTITUTIONAL NETWORK
8.1 Provision of Institutional Network
8.2 I-Net Ownership
8.3 City's Exclusive Rights
8.4 Use of Institutional Network
8.5 Institutional Network Plans, Specifications, Cost Proposal and Construction
8.6 Demand Maintenance of the I-Net
8.7 Routine Maintenance of the I-Net
8.8 Paymentfor Maintenance and Repair of I-Net
8.9 Administration, Maintenance and Management of I-Net Sites and Equipment
8.10 Cost
8.11 Definition of Incremental, Direct, and Indirect Costs
8.12 I-Net Costs not Franchise Fees
8.13 Pricing Guarantee
SECTION 9. CONSTRUCTION PROCEDURES
9.1 Cable System Construction Standards
9.2 Construction Work Regulation by City
9.3 Work by Others
9.4 Construction by Abutting Owners
9.5 Relocation or Removal of Facilities.
9.6 Tree Trimming.
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SECTION 12. REGULATORY PROVISIONS
12.1 Transfer Of Ownership Or Control
12.2 Forfeiture And Termination
12.3 Violations
12.4 Governing Law
12.5 Force Majeure
12.6 Severability And Preemption
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SECTION 10. COMPENSATION AND FINANCIAL PROVISIONS
10.1 General Compensation
10.2 Calculation and Payment on a Quarterly Basis of Annual Franchise Fee
10.3 Bond and Letter of Credit
10.4 Insurance
10.5 Indemnity
10.6 Audits
SECTION 11. REPORTING REQUIREMENTS
11.1 Reports.
11.2 Records
11.3 Filings
11.4 Confidentiality of Information
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal page 45
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SECTION 13. REOPENERS
I 13.1 Grounds
13.2 Reopener Procedure
13.3 Criteria Governing Arbitration Decision
I SECTION 14. MISCELLANEOUS PROVISIONS
14.1 Notices
14.2 Entire Agreement
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14.4 Repeal of Prior Ordinances
14.5 Attorney's Fees
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14.7 Remedies are Cumulative
14.8 Neither Grantee nor City is a Common Carrier
I 14.9 Equal Protection
I EXHIBITS
Exhibit A - Acceptance of Franchise
Exhibit B -- Grantee Furnished Connections to Community Facilities
I Exhibit C - Subscriber Service Standards
Exhibit D -- Subscriber Service Reporting Requirements
Exhibit E -- Public Utility Tax Ordinance Amendment
I Exhibit F - Northland Fiber Upgrade Plan and Node Service Areas
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
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CITY OF PORT ANGELES ORDINANCE NO.
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An ordinance of the City of Port Angeles granting to Northland Communications
Corporation, doing business as Northland Cable Television, a franchise for the
purpose of constructing, maintaining, operating and using a cable television
system in public streets, alleys, and rights-of-way in the City of Port Angeles to
provide cable service, and repealing Ordinance 2470 and Resolution 27-89.
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WHEREAS, pursuant to RCW 35A.48.040, the City is authorized to grant one or more non-
exclusive revocable franchises to construct, maintain and operate a cable television system within the City;
and
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WHEREAS, Northland Communications Corporation, doing business as Northland Cable
Television, ("Grantee") has requested a franchise from the City to provide Cable Services (defined
below); and
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WHEREAS, after evaluation of the application received from the Grantee, the City has determined
that this franchise reasonably meets the current and future cable related needs and interests of the
community; and
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WHEREAS, in the Acceptance attached hereto as Exhibit A, the Grantee has agreed to be bound by
the conditions hereinafter set forth;
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WHEREAS, in consideration of the terms of this Ordinance and the Acceptance attached hereto as
Exhibit A, the City has agreed to grant to the Grantee a franchise as set forth in said Acceptance and in
this Ordinance;
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NOW THEREFORE, the City Council of the City of Port Angeles, does hereby ordain as follows:
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SECTION 1. CITY'S PRINCIPLES AND INTENT
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The following provisions are statements of the City's intent in granting this Franchise and shall
not supplant or modify any specific provisions of the Franchise. The City's intent in granting this
franchise to the Grantee is to accomplish the following:
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1.1 Provide for the installation and operation of a Cable System with features reasonably
meeting the current and future cable related needs and interests of the community.
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1.2 Encourage the widest feasible scope and diversity of programming and other services to
all City residents that is consistent with community needs and interests.
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1.3 Encourage a broad range of cable services to be offered to City residents 011 a non-
discriminatory basis.
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1.4 Encourage prompt implementation of technical advances in cable television technology.
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1.5 Provide for ample and fairly allocated access to cable facilities for program producers for
government and educational programming.
1.6 Ensure that rates and charges for basic cable programming, equipment, and service are
fair, reasonable and consistent with federal standards.
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
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1.7
Require that Grantee provide high quality subscriber service.
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1.8 Ensure that the installation and maintenance of cable facilities comply with all applicable
City regulations and do not interfere with the City's legitimate use of its own facilities and property.
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1.9 Encourage competition among cable operators and between cable operators and other
providers of communications services on a fair and equitable basis.
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1.10 Protect the City's interests and the health, safety, and welfare of its citizenry.
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1.11 Ensure the universal availability of Cable Services within the Franchise Area on a non-
discriminatory basis.
1.12 Provide for timely mandatory government access to all Cable Systems in times of civil
emergency.
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SECTION 2. DEFINITIONS
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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 words "'shall" and "will" are mandatory and "may" is permissive.
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Words not defined herein shall be given the meaning set forth in the Communications Act of 1934
as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection
and Competition Act of 1992, and the Telecommunications Act of 1996, and if not defined there, the
words shall be given their common and ordinary meaning.
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2.1 "Access" means the right of certain agencies, institutions, organizations, groups and
individuals in the community, including the City and its designees, on a non-discriminatory basis, to use
the Cable System for specific public, educational, or governmental non-commercial purposes, including
the right to acquire Programming, to create Programming free from outside control including that of
Grantee, and to distribute and receive Programming over the Cable System.
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2.2 "Access Channel" means a dedicated channel for public or educational or governmental
institutional use, be it audio, video or data, as provided for in Section 611 of the Cable Act.
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2.3 "Activated" means equipped with the electronic, optical or other devices and hardware
required for transmitting and receiving the communications signals over the network transmission media
between locations across the network.
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2.4 "Additional Access Channels," means access channels as set forth in Section 7.3.
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2.5 "Affiliate" means any enterprise that owns or controls Grantee, or is owned or controlled
by Grantee, or otherwise has ownership or control in common with Grantee, including, without
limitation, Grantee's Parent Corporation and any subsidiaries or affiliates of such Parent Corporation
which meet this definition.
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2.6 "Allocation Percentage" means the number of Franchise Area subscribers divided by the
number of total System subscribers.
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2.7 "Basic Cable Service" or "Basic Service Tier" is the lowest priced tier of service that
includes the retransmission of local broadcast television signals.
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Metropolitan Communications Consultants
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
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2.8 "Broadband" means transmission of information over a single medium requiring
transmission channels supporting upload throughput rates of at least 144 kbps and download
throughput rates of at least 256 kbps.
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2.9 "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C.521 et seq., as
amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended
by the Telecommunications Act of 1996, and as may be further amended from time to time.
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2.10 "Cable Operator" means any person or group of persons (A) who provides Cable
Services over a Cable System and directly or through one or more affiliates owns a significant interest in
such Cable System, or (B) who otherwise controls or, through any arrangement, is responsible for the
management and operation of such a Cable System.
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2.11 "Cable Modem Service" means bi-directional broadband access to the Internet over the
cable system and the related equipment used for that purpose.
2.12 "Cable Service" means (A) the one-way transmission to subscribers of (i) video
programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming service, and includes to the
extent applicable, RCW 36.910.010, and cable modem services.
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2.13 "Cable System" means a facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable service
which includes video programming and which is provided to multiple subscribers within a community,
but such term does not include (A) a facility that serves only to retransmit the television signals of one or
more television broadcast stations; (B) a facility that serves subscribers without using any Public
Rights-of-Way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of
Title II of the Communications Act of 1934, except that such facility shall be considered a Cable System to
the extent such facility is used in the transmission of video programming directly to subscribers, unless
the extent of such use is solely to provide on-demand services; (D) An open video system that is certified
by the FCC; or (E) any facilities of any electric utility used solely for operating its electric utility systems.
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2.14 "Channel" means a portion of the electromagnetic frequency spectrum which is used in a
cable system and which is capable of delivering a television signal whether in an analog or digital format.
The definition does not restrict the use of any channel to the transmission of analog television signals.
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2.15 "City" means the City of Port Angeles, an optional municipal code city operating under
the provisions of Title 35A RCW.
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2.16 "City Council" means the City Council of the City of Port Angeles, Washington.
2.17 "City Property" means and includes all real property, utility poles, conduits, bridges and
similar facilities owned by the City and all property held in a proprietary capacity by the City.
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2.18 "City Requirements" means all laws, rules, resolutions, regulations, policies and
directives of general application of the City of Port Angeles, in effect at present or to be adopted in the
future by the City Council.
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2.19 "Closed Channel" is an Access Channel that is not available for receipt by subscribers
without special equipment or authorization, on which audio, video and data may be transmitted.
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
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2.20 "Converter" means an electronic device which converts cable channel frequencies which
are not normally receivable by some television sets to an appropriate channel, which permits a subscriber
to view signals included in the service being delivered, according to a designated tuning or channel
selector dial.
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2.21
exercised.
"Control" or "Controlling Interest" means actual working control in whatever manner
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"City Manager" means the City Manager or any successor, or his or her designee.
2.23
"Days" means calendar days unless otherwise specified.
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2.24 "Demarcation Point," means the physical point at which the Cable System enters the
subscriber's home or building.
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2.25 "Downstream Channel" means a Channel capable of carrying a transmission from a
Headend to other points on a Cable System, including Interconnection points.
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2.26
entities.
"Educational Access," means access for schools and other educational institutions and
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2.27 "FCC" or "Federal Communications Commission" means the federal administrative
agency or lawful successor, authorized to regulate and oversee telecommunications, cable and open
video carriers, operators and providers on a national level.
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2.28 "Fiber Optic" refers to a transmission medium of optical fiber that supports delivery of
Cable Services.
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2.29 "Franchise" means this Ordinance, including the Acceptance attached hereto as Exhibit A,
which constitutes a binding agreement between the City and Grantee.
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2.30 "Franchise Area" or "Service Area" means the present municipal boundaries of the
Franchising Authority and shall include any additions thereto by annexation or other legal means.
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2.31 "Franchising Authority" means the City of Port Angeles, Washington, or the lawful
successor, transferee, or assignee thereof.
2.32 "Government Access," means Access for governmental entities or their designees.
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2.33 "Grantee" means Northland Communications Corporation, doing business as Northland
Cable Television, or any successor and Affiliate as provided for herein.
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2.34 "Gross Revenue" means, for purposes of franchise fee calculations, all revenue received
by Grantee, in whatever form and from all sources, in connection with the operation of Grantee's Cable
System, including any revenue received by Grantee from any use of any component of the Cable System
for any purpose by the Operator or by others. Gross Revenues shall include, without limitation, revenue
received from advertising, from installations, from sales occurring as a result of home shopping or similar
programming, from leased channels, and from sales of guides to programming.
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It is the intent of the parties to include in the term Gross Revenue all consideration to Grantee
and Affiliates to the fullest extent allowed by law. For purposes of this definition, the term" Affiliate" is
limited to an entity acting as a cable operator providing a service authorized by this Franchise.
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Metropolitan Communications Consultants
8/31/01
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
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Gross Revenues shall be determined without deduction for (A) any operating expense; (B) any
accrual, including, without limitation, any accrual for commissions; or (C) any other expenditure,
regardless of whether such expense, accrual or expenditure reflects a cash payment, but revenue shall be
counted only once in determining gross revenues.
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Gross Revenue includes by way of illustration and not limitation, all fees charged subscribers for
any and all Cable Services provided by Grantee over the Cable System, any charges or fees or City public
utility taxes imposed on the Grantee by the City by this Franchise and taxes imposed on Grantee that are
passed through from the Grantee as a line item paid by subscribers, and all compensation received by
Grantee or Affiliates from any source which is derived from the operation of the Cable System to provide
Cable Services, such as sales or commissions for any product or services derived from the operation of the
Cable System to provide Cable Services and sales or commissions which are paid to Grantee as
compensation for promotion or exhibition of any products or services on the Cable System.
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Gross Revenue includes an allocated portion of all revenue derived by Grantee or Affiliates
pursuant to regional or national compensation arrangements for any service or activity derived from the
operation of a Cable System to provide Cable Services in the Franchise Area, e.g. advertising and sale.
The allocation shall be based on the number of subscribers in the Franchise Area divided by the total
number of subscribers relevant to such regional or national arrangements.
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Revenue of an Affiliate derived from the operation of the Cable System to provide Cable Services
shall be Gross Revenue to the extent the treatment of such revenue as revenue of Affiliate and not
Grantee has the effect of avoiding the payment of franchise fees which would otherwise be paid to the
City. In no event shall revenue of an Affiliate be Gross Revenue to the Grantee if such revenue is
otherwise subject to franchise fees to be paid to the City.
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In the event of bundling of Cable Services with other non-Cable Services offered by the Grantee
over its Cable System, the Gross Revenues attributable to Cable Services shall be calculated using the
same unit charges or fees paid by subscribers receiving Cable Services only.
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Gross Revenue does not include any revenue not actually received, even if billed (e.g., bad debt),
nor taxes, which are imposed by law directly on the subscriber but collected by the Grantee and passed
on to other governmental entities, such as the local and state sales tax.
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2.35 "Headend" means a facility for signal reception and/ or dissemination on the Cable
System including all related equipment such as cable"antennas, wires, satellite dishes, monitors,
switchers, modulators, computers, software, and processors for television Broadcast signals.
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2.36
Section 8.
"Institutional Network" or "I-Net" means a communications network as provided for in
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2.37 "Interconnect," "Interconnected" or "Interconnection" means the provision of an
electronic or optical linkage between the Grantee's Cable System and Cable Services or any part,
designated Channel or signal pathway thereof and any other designated Cable System and Cable Services
or any part, designated Channel or signal pathway thereof, with the result that Cable Services of high
technical quality may be transmitted between such Cable Systems.
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2.38 "Liquidated Damages" means any requirement imposed on Grantee to pay specified, pre-
calculated sums, rather than actual costs, to the City as a result of performance deficiencies identified
herein.
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2.39 "Normal Operating Conditions" means service conditions that are within the control of
the Grantee. Service conditions which are ordinarily within the control of the Grantee include, but are not
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limited to, special promotions, pay-per-view events, rate increase, regular peak or seasonal demand
periods, and maintenance or upgrade of the System, except for unscheduled and/ or emergency
equipment replacement and testing required by the FCC or this Franchise. Those conditions which are
not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances,
power outages, telephone network outages, programmer originated interruption, and severe weather.
The definition of Normal Operating Conditions is relevant in assessing compliance with telephone
answering time, installations, service calls, and repair of Service Interruptions.
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2.40 "Open Access" means nondiscriminatory access to Grantee's broadband cable network
for providers of wholesale and/or retail broadband cable services, whether or not such providers are
affiliated with Grantee.
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2.41 "Open Video System" or "OVS" means a facility consisting of a set of transmission paths
and associated signal generation, reception and control equipment that is designed to provide Cable
Service, which includes video programming, which is provided to multiple subscribers within a
community, and which the Federal Communications Commission or its successor has certified as
compliant with 47 C.F.R., Part 76, as amended from time-to-time.
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2.42 "Open Video Service" means video programming by means of an open video system.
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2.43 "Person" means a corporation, company, association, joint stock company or association,
firm, partnership, limited liability company and individuals and includes a lessor, trustee and receiver or
such an entity, but does not include the City.
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2.44 "Programming" means the video, audio, voice, data, multimedia or other material or
programs prepared for or capable of transmission on a Cable System, or, as the context requires, the
process of causing such material to be created, received, transmitted or distributed on a Cable System.
This definition is not intended to, nor shall it, change or expand the scope of cable service as defined
herein.
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2.45 "Public Way, Street, or Right-of-Way" means land acquired or dedicated for roads and
public streets and easements for which, under City ordinances and other applicable laws, the City has
authority to grant master permits, licenses or leases for use thereof, or has regulatory authority thereover,
and may be more specifically defined in the master permit, license or lease granting any right to or use
thereof. "Rights-of-way" for the purpose of this Chapter do not include buildings, parks, poles, conduits
or similar facilities or property owned by or leased to the City, including, by way of example and not
limitation, structures in the right-of-way such as utility poles and bridges.
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2.46 "Residential Dwelling Unit" means each home, house, building, or other structure that
normally accommodates the living quarters of one (1) family, and each apartment, condominium, or
co-operative unit that normally accommodates the living quarters of one (1) family in any multiple-unit
building or complex of multiple-unit buildings; provided, however, that if the Grantee has not been
granted the authority by an owner or association of owners to extend its facilities to individual
apartments, condominiums, and co-operative units within the interior of such multiple-unit buildings or
complex of multiple-unit buildings, then any such multiple-unit building or complex of multiple-unit
buildings shall be considered a single Residential Dwelling Unit.
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2.47 "Service Interruption" or "Outage" is defined as being a Cable System malfunction
resulting in the loss of picture or sound on one or more channels affecting more than one subscriber. The
definition of Service Interruption or Outage affects the timing of when the Grantee must respond to a
Service problem.
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2.48 "Standard Drop or Drop" means the cable connection between the subscriber's premises
and the cable system up to a maximum length of one hundred fifty (150) feet measured from six inches
(6") outside the nearest exterior wall of the subscriber's premises to the Cable System.
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2.49 "Subscriber" means any Person who is lawfully receiving, for any purpose or reason, any
Cable Service whether or not a fee is paid, including each such person in a multiple unit building, except
for purposes of reporting or cost allocation, where equivalent subscriber basis may be used.
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2.50
package.
"Tier" means a level of Programming Services offered by Grantee to subscribers as a
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2.51 "Upgrade" means an improvement in any aspect of a Cable System.
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2.52 "Upstream" means a transmission to a Headend from any other point on the Cable
System, including Interconnection points.
2.53 "Upstream Channel" means a Channel capable of carrying a transmission to a Headend
from any other point on a Cable System including Interconnection points.
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SECTION 3. GRANT, TERM AND ACCEPTANCE OF FRANCHISE
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3.1
Grant Of Cable Franchise
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3.1.1 There is hereby granted, subject to Grantee's acceptance of the terms of this
Franchise as provided herein and the City's prompt receipt of monetary compensation for a term as
described below, unless otherwise terminated as provided for herein, the non-exclusive right and
privilege to have, acquire, construct, expand, reconstruct, maintain, use and operate in, along, across, on,
over, through, above and under the Public Rights-of-way of the City, a Cable System to provide Cable
Service. In the event the Grantee or its Affiliate either seeks to provide or to allow others to use its Cable
System to provide non-cable services, Grantee agrees to obtain all lawfully required City, state or federal
permits, consents or franchises or other required authorizations.
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3.1.2 Nothing in this Franchise shall authorize Grantee to attach any part of its Cable
System to any City Property or infrastructure or to use any City-owned conduits or facilities until
Grantee has all required agreements, permits, licenses from the City, supported by independent
consideration, for such rights of attachment or use.
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3.2 Acceptance of Franchise. Grantee shall, before adoption of this Ordinance, file in the
office of the City Clerk a written instrument, in a form acceptable to the City Attorney, accepting either a
basic or extended term Franchise, and all terms and conditions thereof, signed and acknowledged by its
proper officers. The written acceptance shall be accompanied by the Bond, Letter of Credit and Certificate
of Insurance in accordance with Section 9, and Grantee shall pay the City its direct expenses incurred in
this Cable Franchise Renewal Process, but not to exceed five thousand ($5,000) dollars.
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SECTION 4. BASIC FRANCHISE TERMS
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4.1 Franchise Not Exclusive. This Franchise is not exclusive, provided it is granted in
accordance with Section 8.17.
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4.2
Term
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4.2.1 Basic Term. The basic term of this Franchise shall commence on the effective date
of this Ordinance and shall extend for a period of four (4) years. Should the Grantee not accept an
extended term as part of acceptance of this franchise, all gross revenues, including cable modem services,
shall be subject to a public utility tax in addition to a franchise fee, in accordance with Chapter 5.80
P AMC, Business License and Regulations, as amended.
The basic term shall be extended by an additional six (6) years, provided
an upgrade of the Cable System is completed within nine (9) months
from the Effective Date of the Franchise. The upgrade shall meet all the
following requirements:
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4.2.2 Extended Term.
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(1)
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(a)
(b)
(c)
Broadband cable infrastructure as set forth in Section 5.1.1.
Nondiscriminatory open access as set forth in Section 5.1.2.
Provision of standard drop, fiber to requesting businesses, to
enable broadband cable services, either by the Grantee or by
other service providers, as set forth in Section 5.5.
Provision of Grantee affiliated or non-affiliated cable modem
services as set forth in Section 5.3.
Provision of an Institutional Network as set forth in Section 8.
City bi-directional use as set forth in Section 8.5.2
Activated capacity of 750 MHz
Comply with the City's Telecommunications Ordinance,
Chapter 11.14 PAMC
(d)
(e)
(f)
(g)
(h)
(2)
Grantee shall have a right to obtain the Extended Term if Grantee is:
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4.3
Service Availability
(a) In substantial compliance with the material terms and conditions
of this Franchise; and
(b) Has fully complied with all requirements set forth herein, all as
affirmatively determined by the City Manager and evidenced in
the City Manager's written report to the City Council.
4.3.1 Franchise Area. Throughout the term of this Franchise, the Grantee covenants
and agrees to construct, operate, maintain and upgrade the Cable System so as to make all Cable Services
distributed over the Cable System available to any person within the Franchise Area in accordance with
the terms, schedule, sequence and procedures established in this Franchise, except for any such service
which is provided on a test basis and provided, however, that a new Cable Service may be introduced on
a phased basis in different areas of the City over a period no longer than one year.
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4.3.2 Annexation. Whenever any of the roads as designated outside of this franchise
shall fall within the City or town limits by reason of subsequent incorporation or annexation, then all the
rights and privileges herein granted shall be in full force and effect. Within thirty (30) days of such
incorporation or annexation, the Grantee shall revise its billing records to comply with this franchise.
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4.3.3 Further, the Grantee shall ensure that access to any Cable Service is not denied to
any group of potential subscribers because of the income of the residents of the area in which such group
resides or geographic location (subject to Section 3.8). It shall be the right of all subscribers to receive
continuously all available Cable Services insofar as their financial and other obligations to the Grantee are
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honored. The Grantee shall continuously monitor the implementation of the commitments set forth in
this Subsection.
4.4
Line Extension Policies
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4.4.1 Grantee shall extend its cable system and make cable service available to every
existing residential area within the Franchise Area, if requested, whenever density of at least thirty (30)
Residential Dwelling Units for overhead construction and forty-five (45) Residential Dwelling Units for
underground construction per cable mile (or any proportionate amount thereof measured over a shorter
or longer distance) is realized, as measured from the existing facilities of Grantee's cable system in the
Franchise Area.
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4.4.2 For purposes of this Section, density per cable mile shall be computed by
dividing the number of Residential Dwelling Units in the area by the length, in miles or fractions thereof,
of the total amount of aerial or underground cable necessary to make service available to the Residential
Dwelling Units in such area in accordance with Grantee's system design parameters. The cable length
shall be measured from the nearest point of access to the then-existing system, provided that extension is
technically feasible from that point of access. The total cable length shall exclude the drop cable necessary
to serve individual subscriber premises.
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4.4.3 Grantee shall extend its cable system necessary for the provision of cable service
and make cable service available to any business in the Franchise Area when the business subscriber
agrees to pay for the labor costs incurred and materials used in making the extension, beyond the cost of
a standard drop.
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4.5
Rate Regulation
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4.5.1 Rates and Charges. The Franchising Authority may regulate rates for the
provision of Basic Cable and equipment as expressly permitted by applicable law.
4.5.2 The City Manager will notify the Grantee of the effective date that the City will
regulate basic service tier rates as provided by federal law. After the effective date, those fees and charges
subject to regulation by the City shall not be increased without prior approval of the City, except as
allowed by law. The City reserves the right to regulate rates for any service pursuant to federal or state
law which authorize such regulation. The City reserves the right to establish procedures for any lawful
regulation of rates.
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4.5.3 Reasonable Discounts and Notices Provided. Grantee shall provide reasonable
discounts, notices to subscribers, and reports to the City as follows:
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(1)
Grantee shall provide a discount of not less than thirty percent (30%) on
the lowest generally available Basic Service Tier rates, installation, and
equipment rental charges if necessary to receive service, to subscribers
with low incomes not exceeding 125% of the federal poverty level or to
subscribers living in subsidized housing or in a housing subsidy
program.
Grantee shall notify subscribers in accordance with Exhibit C "Subscriber
Service Standards, Section VII Notices and Subscriber Communications".
Grantee shall determine qualifying subscribers and provide reports to
the City in accordance with Exhibit D "Subscriber Service Reporting
Requirements, Reports 1.3 C".
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(2)
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(3)
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(4) Subscribers meeting low-income criteria subscribing to a higher tier of
service shall only be eligible for a discount equal to the discount for Basic
Service.
(5) At such time as no cable operators in the City offer Basic Service as a
distinct tier of service, discounts shall be applied to the lowest tier of
service offered subscribers. In no event, shall the discount be less than
when set at thirty percent (30%) of Basic Service.
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4.6 Provision for Franchise Amendment
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4.6.1 It is the intent of both parties that each party shall enjoy all rights and be subject
to all obligations of this Franchise for the entire term of this Franchise and, to the extent any provisions
have continuing effect, after its expiration. However, both parties recognize that the technology of cable
television and related technologies are in a state of flux and that regulatory conditions and franchise
rights and powers may change drastically during the term of this Franchise.
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4.6.2 Should such changes occur, as determined by the City, the provisions and
procedures of Section 13 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith
to amend this Franchise to preserve the rights and obligations of the City and Grantee hereunder to the
fullest extent consistent with such changes.
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4.6.3 The parties agree that the perpetuation of the substantial equivalent of the
current statutory and regulatory structure governing cable television is not a condition of this Franchise,
or a fundamental assumption that either party is making in entering into it; provided, however, nothing
herein shall prevent either the City or Grantee from asserting that any part or parts of this Franchise are
preempted by state or federal law as a result of such changes.
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SECTION 5. GENERAL CABLE SYSTEM REQUIREMENTS
5.1 Principal Features
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5.1.1 Broadband Services. The Grantee's upgraded Cable System shall be an integrated
services, broadband cable infrastructure, capable of bi-directional delivery to all subscribers, of a variety
of broadband cable services, including but not limited to cable modem Internet services, as well as cable
television, over the shared infrastructure.
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5.1.2 Open Access.
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(1)
At the City Manager's request, Grantee shall provide nondiscriminatory,
open access to Grantee's broadband cable system by the City and other
qualified wholesale and retail service providers meeting normal
connection protocols as set forth in this Section, whether or not such
providers are owned or affiliated with Grantee, unless otherwise
prohibited by applicable law.
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(2)
The Grantee's anticipated charges for open access shall be provided to
the City upon acceptance of the franchise and shall be comparable to
competitive market rates.
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5.2 Cable System Standards. The Grantee's Cable System shall comply with all applicable
laws, ordinances, and safety requirements including but not limited to the Federal Communications
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Commission, Federal Aviation Administration, National Electric Code, National Electric Safety Code, and
National Cable Television Association Standards of Good Engineering Practices.
5.3 Cable Modem Service. Grantee and the City agree to the following principles with
respect to Cable Modem Service to further the City's commitment in encouraging connectivity,
interoperability, and openness among Internet resources. Grantee shall ensure that the broadband
Internet access services provided over Grantee's cable system in Port Angeles will conform substantially
to the following standards:
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5.3.1 The broadband Internet platform will be kept current with standards for
interoperability with Internet protocol applications.
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5.3.2 Subscribers to the broadband Internet service,whether affiliated or unaffiliated
with Grantee, will be able to reach any and all information on the Internet and will be able to choose to
reach information from other sources and through other Internet service providers and on line access
providers without viewing content provided by the affiliated broadband Internet service provider, as
long as said other Internet service providers agree to either directly connect to Grantee's network or their
systems are publicly accessible over the common Internet or peering arrangements are made in carrier
hotels (see 5.3.3) between said other Internet service providers and Grantee.
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5.3.3 Within sixty (60) days of the City Manager's notice, Grantee shall provide at no
cost, a data network backbone connection to a network access point (commonly referred to as a "carrier
hotel,") and interconnection arrangements will be made with local educational and governmental
information sources through a coordinated non-profit interconnection point. Similar interconnection
relationships with other Internet service providers and on-line service providers will be established at a
suitable interconnection point or points under reasonable terms and conditions acceptable to the Grantee
and service provider. Additional backbone connectivity to other national data network backbone
providers will be established through interconnection at other backbone connection points within the
region, under reasonable terms and conditions acceptable to all parties, including without limitation,
requirements that the connecting entity provide its own transport and other necessary equipment.
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5.3.4 Grantee agrees that the obligations set forth in this Section may be reopened for
resolution under the same procedures for reopening and resolving franchise issues under Subsections
13.1 and 13.2 of the Franchise upon any of the following occurrences:
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(1) If the broadband Internet service fails to substantially conform to stated
standards.
(2) If federal law relating to cable television regulation is modified by
actions of Congress, the Federal Communications Commission, or a
court of final jurisdiction, imposing substantially different standards on
or affecting the authority of franchising authorities.
(3) If any other comparable cable system owned by Grantee offers direct
access to broadband cable modem technology by unaffiliated Internet
service providers or on-line service providers on other than a temporary
test basis and such offering is not available in the City.
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5.3.5 The City shall maintain its role regarding consumer protection provided that the
Cable Modem Service is not subject to the direct regulation of subscriber service issues by either the
Federal Communications Commission or the Washington Utilities and Transportation Commission or by
the City.
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5.4
Cable Plant Topography
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5.4.1 Network Operating Center. The Network Operating Center will contain a
CATV head end, telephone and data switching facilities used to originate and receive communication
and entertainment services, and transmit analog and digital signals over the network.
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5.4.2 Backbone Nodes. Backbone Nodes will be built around a minimum 96 strand
single mode optical fiber primary backbone to serve approximately 10,000 subscribers. Each node will
include fiber management, routing and cable modem equipment. Distribution/ transport rings will
originate at the backbone nodes and feed remote terminals.
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5.4.3 Remote Terminals. Remote terminals serve clusters of 700 to 800 subscribers and
will have standby battery electrical powering equipment. Broadband cable services will be delivered to
requesting business subscribers via fiber. Video services will be delivered to subscribers via a hybrid fiber
coaxial cable system.
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5.4.4 Local Nodes. Local nodes serve clusters of 200 to 250 subscribers and will serve
as the optical to electric conversion point for video services. They will receive forward optical signals over
the fiber optic cable, convert them into electrical radio frequency (RF) signals and transmit them over the
coaxial cable to the subscriber. The local node will also convert upstream RF signals from in-home set-top
boxes into optical signals for delivery to the remote terminal and, in turn, to the head end or network
operating center. Local nodes are small units, and will typically be mounted in apartment building
stairwells, on cable strands, or in a pedestal cabinet.
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5.4.5 Subscriber Drops. Cable service signals will be converted from optical to
electrical RF at local nodes and carried on coaxial cable standard drops to the subscriber sites, or
alternatively on six (6) fiber strand standard drops into requesting business subscriber sites.
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5.5 Headend. Grantee's headend will be housed in an "environmentally hardened"
building, with sufficient air conditioning and power conditioning equipment both for short-term and
long-term equipment installation. Standby powering will be installed of sufficient size to be able to
provide a continuous supply of electricity in the event of loss of commercial power.
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5.6 Upgrade to Keep Technology Current. At the City's request during the extended
Franchise term, upon the showing required pursuant to Section 5.7 and subject to the franchise reopening
procedures of Section 13, the Cable System, and any affected component thereof, shall be upgraded to
match current technology. Upon acceptance by the City of such upgrade, the extended term of this
Franchise may be extended an additional five (5) years. The appropriate costs of the upgrade shall be
deemed external costs passed directly to subscribers for rate regulation purposes, at Grantee's option.
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5.7 Technical Upgrade Procedure
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5.7.1 At any time after the basic term of this Franchise, the City may require a
technical upgrade of the Cable System upon the following showing:
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(1)
that the upgrade is commercially practicable considering the remaining
term of Franchise and considering Grantee's ability to recoup the costs of
such upgrade plus a reasonable rate of return on such upgrade
investment, provided that the City may extend this franchise to allow
such recoupment; and
that the requirement for such upgrade is uniformly applied to all of the
City's cable service franchisees; and, either
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(2)
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(3)
(4)
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that there is a material disparity between the level of service and
capacity of Grantee's Cable System and that of a significant number of
other comparable systems using technology generally available in the
City, and that there is a demonstrable need and public interest to be
served by the upgrade; or
that at least thirty percent (30%) of the comparable cable systems owned
or operated by Grantee's Affiliates have upgraded their capacity to a
material degree beyond that of Grantee's Cable System.
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5.7.2 The City may conduct an inquiry to determine whether the required showing
can be made. Grantee shall cooperate with the City in the investigation and provide information,
including, if reasonably available, estimated general cost figures, technical specifications, and equipment
specifications that may assist such an undertaking.
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5.7.3 Grantee acknowledges and agrees that the City'sinvestigation may include
information not provided by Grantee and that the City may commission third parties, as necessary, to
ascertain facts in support of either showing. The public may also be invited to comment on the technical
currency of Grantee's system.
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5.7.4 In the event the City's investigation indicates that a technical upgrade may be
necessary under the required showing, the City may invoke the provisions and procedures of Section 13
to determine whether and to what extent an upgrade of the system is required.
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5.7.5 Upgrade Plans and Permits. Within sixty (60) days of the City Manager's notice,
Grantee shall submit its upgrade plans and a construction schedule for City approval. Work shall proceed
within thirty (30) days of the City's approval of the Grantee's submittal. All construction shall be in
accordance with the City's permitting process.
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5.7.6 Extension of Construction Deadlines. Grantee shall obtain City authorization for
any extension to the prescribed time limit for construction of an upgrade. Such extension shall be
authorized only when the City finds that such extension is necessary and appropriate due to causes
beyond the control of the Grantee. The City shall not unreasonably withhold its authorization.
5.8 System Reliability and Performance. Grantee's system will meet or exceed FCC technical
standards, as amended. Grantee's Cable System will be backed up with an average of four (4) hours
standby power at each node and at such cable plant that is contiguous to such node. The Cable System
powering will be monitored, and crews will be dispatched in the event of loss of commercial power. In
the event that the system cables or fiber optic lines are severed, Grantee will respond within an average of
two (2) hours and will correct all such outages, within its control, within 24 hours.
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5.9 System Capacity and Features
5.9.1 Grantee's system will have the following capacity and features:
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Downstream
(1)
(2)
Upstream
(1)
(2)
Frequency Spectrum: 54-750 MHz.
Analog Channel Capacity: At least 70 channels.
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Frequency Spectrum: 5-40 MHz.
Analog Channel Capacity: 4 N.T.S.C. video channels.
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5.9.2 Grantee's system will meet the broadband services and open access requirements
described in Section 5.1.
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5.10 Subscriber Equipment Interface and Control. Grantee will comply with the FCC's
standard on equipment compatibility.
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5.11
Emergency Alert System
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5.11.1 Within ninety (90) days of a request by the City Manager, Grantee shall
implement a system for providing restricted audio override of all audio, and interrupt of all video
Channels, during emergencies, with override to be placed under the City's control, in compliance with
FCC rules. The emergency alert system shall provide for activation from the City Manager's office and/ or
the City's emergency operations center, with coded access for both audio and video messages. Upon
request by the City, Grantee shall cooperate with the City to test the emergency override system, for
periods not to exceed one (1) minute in duration and not more than once every six (6) months.
Notwithstanding the foregoing, FCC rules governing emergency alert systems shall take precedence if in
conflict with this Section.
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5.11.2 The cable override shall consist of audio and crawler text signals as required by
the Federal Communications Commission rules governing the new emergency alert system (EAS).
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5.11.3 The Grantee shall provide and maintain all equipment, systems, software,
services, security provisions, and procedures required for a fully operational emergency cable override
warning system in accordance with FCC rules.
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5.12 FCC Testing. The Grantee shall maintain for inspection by the City a copy of the final
report on each proof of performance test required by Part 76, Subpart K, of the rules and regulations of
the FCC or any successor regulation or law. If the FCC shall cease to require such tests, or if the FCC's
regulations do not apply pursuant to 47 CFR S 77.601(c), the Grantee shall continue to conduct such tests
at least once every calendar year (at intervals not to exceed 14 months) and shall maintain the resulting
test data on file at its local office for at least five (5) years. The City may require Grantee to provide within
a reasonable period of time as the City may designate, a full report on any deficiencies disclosed by the
proof of performance test.
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5.13 As Built Drawings. Within one hundred twenty (120) days of completion of each segment
of Grantee's facilities, upon the request of the City Manager, Grantee shall supply the City with a
complete set of current drawings for that segment in a format to be prescribed by the City Manager.
Grantee may exclude proprietary information.
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SECTION 6. PROGRAMMING AND SERVICES
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6.1 Grantee Compliance. Grantee shall meet or exceed the programming and channel
capacity requirements set forth in this ~ranchise.
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6.2 Programming and Channel Capacity. Beginning no later than the date on which the entire
Cable System is to be activated, or, if activated in phases at Grantee's discretion, then when each phase is
activated, Grantee shall provide:
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6.2.1 Activation of a minimum Downstream Channel capacity of 70 activated analog
channels to all subscribers.
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6.2.2 Closed Channels in sufficient number and technical quality to permit the
implementation of the Closed Channel requirements of the Franchise.
6.2.3 In addition to programming provided on access channels and local off-air
broadcast channels, if any, Grantee shall provide the following broad categories of programming:
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Education
News & information (local, regional and national)
Sports (local, regional and national)
Cultural and performing arts
Government affairs
Weather
Programming addressed to diverse ethnic and minority interests
Audio programming (including a selection of local FM radio stations)
Business news
General entertainment (including but not limited to movies)
Children's programming
Family programming
Science/ documentary
Canadian programming
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6.2.4 The requirements for each category of programming may be satisfied by
providing a separate channel devoted substantially to the category or by programming from
more than one channel which in the aggregate totals the equivalent of a channel devoted
substantially to the category.
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6.3
Community Programming Needs
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6.3.1 In addition to the programming requirements in Section 6.2 and the City's
subscriber service standards, Grantee agrees to produce, or contract to produce, and air a minimum of
twenty (20) hours of locally produced programming per month. Grantee agrees to use its best efforts to
encourage and utilize programs produced by others. Grantee shall make its best efforts to insure that
local programming meets the needs of subscribers within the City of Port Angeles for diverse
programming on issues of local interest.
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6.3.2 The parties expressly agree that the programming described in paragraph 6.2.3
represent broad categories of video programming within the meaning of 47 D.S.C. 544(b) (2) (B).
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6.3.3 Grantee agrees to air a minimum of twenty (20) hours of no cost commercial-free
educational programming per month and provide 2 copies of program guides for each school library
media center and the School District Instructional Materials Center.
6.4 Subscriber Mailback Programming Survey. Within ninety (90) days after the request of the
City Manager, not more frequently than twice during the basic term and six times during the extended
term of this Franchise, the Grantee shall furnish to all subscribers along with their monthly service
statement, a survey covering broad categories of programming and other services available to subscribers,
subject to prior review by the City Manager. The survey shall be in the format of a mail back survey for
determination of the subscribers' programming preference. Within ninety (90) days, the results of the
survey shall be provided the City by the Grantee with any proposed change(s) in programming to
accommodate subscribers' desired revisions as indicated by the results of the survey.
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6.5 Community Needs Ascertainment Process
6.5.1 Not more frequently than once during the basic and extended term of this
Franchise, the City may also arrange and pay for a systematic ascertainment of the community's views
regarding the nature and adequacy of Grantee's performance of this Franchise and the needs and
interests of the community and subscribers regarding this Franchise.
6.5.2 The ascertainment shall be conducted by an independent entity using generally
accepted market research techniques. A written summary of the findings made by such an ascertainment
shall be provided to Grantee. Such summary shall include a description of the methodology used.
6.5.3 Within 30 days of the delivery of such summary, Grantee shall pay to the City, in
addition to all other fees and charges due under this Franchise, the costs incurred by City in performing
such ascertainment and summary or $1.00 per subscriber whichever is less. In the event such
ascertainment process and summary is conducted jointly in connection with similar ascertainments of
other Cable Service franchisees, then Grantee's obligation shall be its prorated share of the costs or $1.00
per subscriber, whichever is less.
6.6 Deletions or Reduction of Programming Categories. Grantee shall not delete or so limit as
to effectively delete any broad category of programming within its control for any group of subscribers
without the City Manager's consent, which shall not be unreasonably withheld, and shall provide at least
30 days' prior written notice to the City Manager of Grantee's request to do so, including all proposed
changes in bandwidth allocation, channel lineup, and any assignments, including any new equipment
requirements that may occur as a result of these changes.
6.7 Obscenity. Grantee shall not transmit, or permit to be transmitted, over any channel any
programming that is obscene and is not protected speech under the Constitution of the United States.
Grantee shall adopt a written policy prohibiting obscene programming. This Section shall not apply to
Internet transmissions.
6.8 Parental Control Device. Upon request by any subscriber, Grantee shall make available at
Grantee's actual cost a parental control or manual non-electronic lockout device compatible with the
subscriber's equipment that will enable the subscriber to block access to any or all channels. Grantee shall
inform its subscribers of the availability of the lockout device at the time of the original subscription and
annually thereafter, and if requested by the subscriber, shall provide the device at the time of the original
installation.
6.9 Closed Caption Signals. Grantee shall retransmit all closed-captioned signals, which are
made available by programmers in conjunction with programming in its line-up and which are provided
in order to facilitate viewing by handicapped persons. Grantee shall maintain the necessary head-end
equipment to make secondary audio programming (SAP) features available to subscribers. Grantee's
obligations under this subsection do not extend to providing customer premises equipment.
6.10 Cable Service to Community Facilities
6.10.1 Within ninety (90) days of a request by the City Manager, Grantee shall provide,
to facilities included in Exhibit B and future institutions as identified by the City Manager, and within
one hundred fifty (150) feet of the Cable System, one (1) free cable television service outlet at the most
commonly subscribed service level and one (1) free cable modern and broadband Internet service sixty
days after such service is available to subscribers. Each free cable television service outlet shall include a
free Converter, if necessary, and maintenance thereof by Grantee. Hardware and the installation thereof
for an internal video distribution system shall be provided by the facility served.
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6.10.2 Within ninety (90) days of a request by the City Manager, Grantee will provide,
at no charge, an appropriate interface to any internal video distribution system in the facilities described
in Section 6.10.1, so long as the facility insures that such internal system complies with the FCC's signal
leakage and signal quality standards and does not interfere with or adversely affect the Grantee's Cable
System, including the upstream capacity. There will be no charge for cable service on any additional
outlets, except that Grantee may pass through any charge imposed on Grantee by a program supplier and
Grantee may impose a charge for equipment for additional outlets.
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6.11 Subscriber Service Standards. The Grantee agrees to abide by the subscriber service
standards attached as Exhibit "C" and the subscriber service reporting standards attached as Exhibit "D"
hereto. In accordance with federal law, the City may promulgate additional or revised subscriber service
standards, so long as they are reasonable and the Grantee is allowed a reasonable opportunity to
comment on such revisions prior to adoption.
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7.1 Minimum Channel Capacity. In addition to the current one (1) Access Channel in the
Franchise Area, currently activated as Channel 21, within ninety (90) days after the City Manager's
request, the Grantee shall activate a second and a third Access Channel in the Franchise Area, for a total
of three activated Access Channels during the basic franchise term. Of the three activated Access
Channels, the City Manager shall dedicate at least one channel for Governmental use and one for
Educational use.
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SECTION 7. ACCESS CHANNELS AND SUPPORT
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7.2 Access Channel Activation Utilization Criteria. Additional Access Channels may be
activated, upon request by the City Manager, when the average daily use of the existing Access Channels
meet the following criteria:
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7.2.1 Governmental and Educational Access Channels are used for access purposes
with non-commercial Governmental and Educational programming of any type that is distinct and
non-repetitive during six of the fifteen hours between 7:00 a.m. and 10:00 p.m., during any consecutive
ten (10) week period.
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7.2.3 Except for character-generated announcements, the programming of additional
Access Channels required shall be distinct and non-repetitive of the previous Access Channel. Based
upon these criteria, the Grantee shall, within ninety (90) days following a request by the City Manager,
provide another designated Access Channel in the Franchise Area for this purpose. The City Manager
shall have the right to designate whether each such additional Channel will be utilized in whole or in part
for public access, educational, or government programming.
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7.2.4 Minimum Usage. Additional Access Channels must carry a minimum annual
average of four (4) hours per day of non-commercial video programming that is distinct and
non-repetitive, five (5) days per week, beginning six (6) months after activation of the channel and
thereafter. If an Additional Access Channel fails to meet the continuing criteria of programmed usage for
one hundred eighty (180) continuous days of operation, such channel shall revert to the Grantee for
whatever use it deems appropriate, until the City can demonstrate thatthe minimum utilization criteria
set forth herein will be achieved, however, the City may not request reactivation of such a channel no
sooner than twelve (12) months after such reversion to Grantee.
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7.2.5 Channel Placement. Access channels shall be included in the basic channel
lineup. The Government Access channel shall be assigned a position between channels 2-13 as part of the
first change to the Grantee channel lineup after the effective date of this Franchise.
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7.3 Additional Access Channels. During the extended term of the Franchise, when the
utilization criteria of Section 7.2 are met, evidenced by written documentation, and within ninety (90)
days after a request by the City Manager, the Grantee shall make available to the City, up to two (2)
additional activated Access Channels in the Franchise Area (" Additional Access Channels"). In no event
shall there be more than a total of five (5) activated Access Channels during the extended franchise term.
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7.4
Allocation of Access Channels.
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7.4.1 The City Manager shall, in accordance with the provisions this Section determine
the number of Access Channels to be used and allocate to various entities access to the Access Channels
in the Franchise Area to meet their requirements. The request by the institution or organization must
provide the City Manager with sufficient plans for operating expenses, technical configuration, channel
use, and public purpose. In the event that making available a Channel for Access Channel purposes
requires displacement of other programming, the City shall give Grantee at least 90 days written notice.
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7.4.2 The City Manager may designate Access Channel use in the Franchise Area for
use by educational or governmental access users or organizations at the City's sole discretion, including
order and priority of programming. The City Manager may designate one Access Channel dedicated
exclusively for either educational or governmental uses or may combine users on a shared basis on
activated Access Channels in the Franchise Area.
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7.5 Use of Access Channels.
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7.5.1 The Access Channels in the Franchise Area shall be placed under the authority of
the City Manager for use related to governmental and educational purposes.
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7.5.2 Access Channel programming may include financial sponsorships and
underwriting with acknowledgment of those sponsors or underwriters.
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7.5.3 No restrictions shall be placed on the use of these Access Channels for a public
purpose of a governmental entity or curriculum requirement of an educational institution, except as
provided in this Franchise or by law. Except as provided by law, Grantee shall not exercise editorial
control over programming of any Access Channel. At no time shall the Grantee interrupt at its headend
or hub site the signal provided on any Access Channel without the express consent of the City, except in
circumstances beyond Grantee's control.
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7.5.4 90 days after the acceptance of this Franchise, the City Manager may, from time
to time, restrict the cablecast of one or more Access Channels by use of a scrambling device (or similar
equipment) to allow reception only at selected locations to provide Closed Channels to be accessed at
those locations. Grantee shall furnish, at no charge to City, all equipment necessary sixty (60) days after
the City Manager's request for use of the Closed Channel at City designated facilities, but not to exceed
100 descrambling devices and no more than two scrambling devices of the type to be approved by the
City.
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7.6 Digitization of Analog Channels. The City may require Grantee to digitally compress one
or more of the Access Channels at or after the time that Grantee converts a majority of the local broadcast
channels carried on its Cable System to compressed digital transmission. Grantee may, at its own
discretion, move analog Access Channels to a digital format, if and when all subscribers who wish to
receive the channels already have the necessary equipment.
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7.7 Technical Quality. Grantee shall maintain all Upstream and Downstream and Closed
Access Channels and Interconnections of Access Channels at the level of technical quality and reliability
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required by this Franchise and all other applicable laws, rules and regulations or at the same level of
quality as comparable subscriber Channels, whichever is higher.
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7.8
Designated Access Channel Managers.
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7.8.1 The City shall name Designated Access Channel Managers for Education, and
Governmental Access programming. The Designated Access Channel Managers shall have sole
responsibility for operating and managing their respective Access Channels.
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7.8.2 Grantee shall cooperate with Designated Access Channel Managers and
providers and facilitate their use of Grantee's Cable System and Programming of Access channels.
Grantee shall enter into such operating agreements with Designated Access Channel Managers as are
appropriate to meet Access requirements of this Franchise.
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7.9 Video Feeds. Within ninety (90) days of a request by the City Manager, Grantee shall
install for the City's use and at no cost to the City, upstream video feeds from no more than five (5)
locations designated by the City, provided such locations are within Grantee's service area and located
within 150 feet of Grantee's Cable System, to either Grantee's head end or other connection point capable
of transmitting a video signal. Grantee shall also provide and install, for the City's use and at no cost to
the City, any equipment reasonably necessary for the City to transmit signals via the Video Feeds.
Grantee shall cooperate with the City to facilitate connections to other PEG channel production facilities.
Provided, however, nothing herein shall obligate Grantee to expend any additional funds over and above
those required to provide video feeds from the 5 locations set forth herein.
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7.10 Rights to Access Channel Programming. Grantee shall have no rights to Access Channel
programming by virtue of cablecasting or distributing such programming over its Cable System, except
for Grantee's right to transmit such programming to all the subscribers receiving a signal from the Cable
System head end serving the Franchise Area. All rights to programming content and intellectual property
of any type transmitted by Grantee remains the property of the owner/programmer, regardless of the
individual or entity requesting transmission. No intellectual property transmitted over Access Channels
or bandwidth shall be retransmitted by Grantee or any Affiliates in whole or in part without the consent
of its owner.
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7.11 Access Channel Resources. Grantee shall provide, at no charge to the City, the following:
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7.11.1 Staffing and Equipment. The Grantee shall provide the technical advice
necessary to transmit access programming on the Access Channels as directed by the City, as applicable,
on an as-needed basis. Grantee shall provide on a timely and as needed basis use of all necessary
equipment for access users to produce and edit programming, upon reasonable advance notice. Grantee
shall repair and replace any damaged equipment of Grantee, except for equipment damaged due to the
neglect or improper use by an access user. Such staff and equipment shall be available during normal
business hours at no charge to the access user and at other times for a reasonable and fair charge
consistent with making equipment widely available. For the purposes of this Section, normal business
hours shall be considered to be the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
legal holidays.
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7.11.2 With respect to access, at the request of the City Manager, the Grantee shall
provide up to twenty (20) hours per month of use in the aggregate of the Grantee's staffing and technical
services ("Staff and equipment time") for production of live and video taped Educational and
Governmental programs. The City will reimburse Grantee's actual costs in excess of twenty (20) hours
averaged monthly.
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7.11.3 The Grantee shall maintain the interconnection and electronics on the Cable
System such that "live" or videotaped programming may be cablecast via Access Channels from the Port
Angeles City Council Chambers and at four (4) additional sites selected by the City, taking due
consideration that the cost for such electronics on the Cable System be comparable to the expenses for the
electronics on the Cable System allowing cable-casting from the Port Angeles City Council Chambers.
Grantee shall not be responsible for the maintenance of electronics on site, or any other customer
premises equipment, for such cablecast.
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7.12 Grantee Capital Contributions and Other Support for Access Channels
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7.12.1 Grantee shall provide funds for production facilities and equipment for Access
Channels in an amount of $150,000 during the basic Franchise term, and $30,000 per year during the
extended term, paid pro rata to the City quarterly by the Grantee for the extended term, if any, after the
initial four (4) years. The initial term funds of $150,000 will be provided to the City promptly upon
request by the City Manager. All such facilities and equipment shall be for the benefit of the City and its
residents and shall be subject to the sole control of the City. The City shall provide annually a detailed
accounting of the capital expenditures with such funds. At the termination of this Franchise, any unspent
funds would be returned to the Grantee to be refunded to the then subscribers on a pro rata basis.
Grantee, in its discretion, may pass along such cost as a line item to subscribers, in accordance with and
to the extent allowed by federal law.
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7.12.2 The City shall continue to provide playback services for the Access Channels
originating at City Hall and shall provide and maintain all its equipment, referenced in Section 7.11.1,
currently located at 321 East Fifth Street, Port Angeles, Washington, for Access Channel purposes.
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7.12.3 Grantee shall provide an annual operational contribution to support the
adequate operation of access channels in the amount of 15 cents per subscriber per month.
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7.13 Agreement as to Access Channel Contribution. The Grantee acknowledges that all
contributions, services, equipment, facilities, support, resources, and other activities to be paid for or
supplied by the Grantee pursuant to or in connection with its performance under this Section are for the
benefit of all subscribers and the public. For purposes of this Franchise, the Grantee agrees that such
contributions, services, equipment, facilities, support, resources, and other things of value are not deemed
to be (1) "payments-in-kind" or involuntary payments chargeable against the compensation to be paid to
the City by the Grantee pursuant to Section 10 hereof, or (2) part of the compensation to be paid to the
City by the Grantee pursuant to Section 10. The City shall provide Grantee by August of each year the
amount of the capital contributions in Section 7.12.1 to be expended by the City in the following calendar
year for capital expenditures under this Section.
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7.14 Access Channel Interconnection. For the purpose of making all Access Channels
available to all subscribers, Access Channels on Grantee's Cable System shall be capable of being
interconnected with other Cable Systems throughout the City, for cablecast of the Access Channels and
actual interconnection shall be implemented upon request of the City Manager provided that (1)
interconnection is technically feasible; (2) Grantee and the other operator agree upon reasonable
interconnection arrangements, including an allocation of the costs of interconnection between Grantee
and such other operator that is reasonable in light of the relative benefits and burdens, including
consideration of support (capital and operational) provided for Access Channel purposes, including
equipment in use for Access Channels purposes at the time of interconnection.
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7.15 Demographics Research. The Grantee shall promptly provide to the City copies of any
viewership and/ or demographics information it obtains from local area surveys concerning Access
Channels and results and analyses of that portion of any subscriber surveys conducted by or at the
request of the Grantee which deal with programming on Access Channels, provided, however, that with
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respect to any such ratings and results and analyses, the Grantee shall redact any personally identifiable
information and information concerning other programming services prior to providing such information
to the City. The information provided under this subsection may be confidential and shall be subject to
applicable law as provided for in Subsection 11.4.
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7.16 Additional Cable Franchises. In the event that another franchise to offer cable service within the
Franchise area is granted by the City of Port Angeles, Grantee's financial obligations under this Section
shall be borne in part by such other franchise-holder, so that neither franchise holder is competitively
advantaged or disadvantaged. To the extent within the City's control, this provision shall apply to all
other similarly situated multichannel video providers including without limitation open video system
providers. If the City grants any franchise for or otherwise permits the provision of Cable Services in
Grantee's Franchise Area on terms that, taken as a whole, are materially less burdensome than this
Franchise, taking into account any difference in the number of subscribers served, the term of such
Franchise, and all other circumstances affecting the relative burdens.
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SECTION 8. INSTITUTIONAL NETWORK
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8.1 Provision of Institutional Network
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8.1.1 As a condition to obtain the extended term described in Section 4 of this
Franchise, Grantee shall furnish to the City, an activated Institutional Network (I-Net) capable of bi-
directional delivery of broadband communications services between the sites listed in Exhibit "B", and bi-
directional access by the City to the Grantee's subscriber network for utility uses, as described in Section
8.4.2, within nine (9) months after the effective date of the Franchise.
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8.1.2 Fiber Optic Infrastructure. The I-Net transmission infrastructure shall physically
consist of a minimum of 12 single mode fibers in the backbone ring and 4 single mode fibers per site to
each site identified in Exhibit B. Each I-Net site connection shall be terminated at a point of demarcation
in a Grantee standard termination panel, unless the City provides another means of termination, in which
case the City shall provide all necessary termination equipment. At each termination location the City
shall provide at City's cost, wall mount backboards and a power source for the basic termination, or such
equipment as alternatively chosen by the City and approved by the Grantee.
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8.1.3 Network Equipment. The Grantee shall furnish all optical and electronic network
equipment located in the backbone ring and the interface equipment at each I-Net site, required to
activate the I-Net. The equipment, locations and enclosures as required shall be established in a Grantee
furnished network design, to be approved by the City.
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8.2
I-Net Ownership
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8.2.1 Grantee shall have full ownership of the I-Net fiber infrastructure and associated
facilities up to and including the Grantee provided termination panels or up to the termination splices in
City provided termination panels, at each I-Net site.
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8.2.2 Grantee shall have full ownership and associated operation and maintenance
responsibility for all network equipment up to the demarcation points at each I-Net site.
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8.3
City's Exclusive Rights.
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8.3.1 The City shall have an exclusive right of use of the I-Net for private network
communications, which right cannot be revoked by Grantee, or successor companies, if any.
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8.3.2 In the event of any transfer, assignment or sale of any ownership interest
whatsoever of the I-Net owned by the Grantee to any successor or other person, the Grantee shall notify
the City and the prospective successor or person of the irrevocable rights of the City. In the event such
notice is not given, the City may exercise all rights under law, including enjoining the prospective
transfer of ownership.
8.3.3 In the event the Grantee is not capable of performing its obligations under this
Franchise, or the Franchise is terminated by default or otherwise expires or is not renewed, the City shall
have the right of first refusal to acquire the Cable System owned by the Grantee, at fair market value for a
period of sixty (60) days following the date of termination, expiration or non renewal of the Franchise,
less the City's contribution to the Grantee during the Franchise term to the I-Net, in accordance with 47
U.S.c. 547 to the extent it applies.
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8.3.4 Notwithstanding anything else in this Franchise, this provision and Section 8
shall survive this Franchise and be binding on any successor under this Franchise or otherwise and on
whomever has an ownership interest in the I-Net.
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8.4 Use of Institutional Network
8.4.1 Unless a limit upon use is specified in this Section 8, the I-Net may be used for
any communications, in any form, for any non-commercial (a) governmental purpose (proprietary or
governmental); (b) educational purpose; (c) public purpose, or for use of the Access Channels on the
subscriber Network. The I-Net may be linked to any other communications network used by the City, or
to any I-Net user authorized by the City (or an entity under the City's control), including but not limited
to the Northwest Open Access Network (NoaNet). Notwithstanding any other provision of the Franchise,
Grantee agrees that authorized I-Net users may provide Internet services or access to Internet services to
the public, schools and governmental entities over the I-Net.
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8.4.2 Bi-Directional Usage. The Grantee shall allow the City bi-directional access to the
subscriber network, at no charge, for meter reading and for utility load monitoring and control uses and
such other uses mutually agreed upon by the parties.
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8.4.3 Typical appropriate uses include, by way of example and not limitation:
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(1)
Interconnecting local area networks (LAN) and wide area networks
(WAN).
Linking libraries and providing terminals at library locations that allow
members of the public to access library databases and other remote
databases.
Transmitting live and stored instructional materials (whether in the form
of data, video, or otherwise) to and from schools and to the public.
Providing kiosks where members of the public may access information.
Providing video conferencing among governmental and educational
locations and to other locations for governmental and educational
purposes such as economic development and distance learning.
Providing for remote permitting, meter reading, energy management,
remote arraignment, and utility SCADA (Supervisory Control And Data
Acquisition system).
(2)
(3)
(4)
(5)
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8.5
Institutional Network Plans, Specifications, Cost Proposal and Construction
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8.5.1
Procedure and Schedule.
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(1) The City shall provide the Grantee detailed site plans and network
equipment location maps for the I-Net sites listed in Exhibit B within
thirty (30) days from the effective date of this Franchise.
(2) Grantee shall meet and confer with the City to clarify any of the I-Net
user site and equipment location plans within ten (10) days of receiving
these materials from the City.
(3) Grantee shall provide the City Manager the network outside plant and
equipment plans and specifications, and a sufficiently documented I-Net
incremental cost proposal, arranged in accordance with the individual
initial and future sites listed in Exhibit B, within one hundred and thirty
(130) days after the effective date of this Franchise.
(4) In preparing the plans, specifications and cost proposal, Grantee and the
City agree to coordinate closely to ensure that the project requirements
are met expeditiously.
(5) Grantee's plans and specifications shall include but not be limited to
fiber route plans, fiber count diagrams, fiber specifications, loss budget
calculations, termination and enclosure details, and network equipment
plans and specifications, all in sufficient detail to permit identification,
correlation, verification and understanding of the components of
Grantee's incremental cost proposal.
(6) The City Manager will review the plans, specifications and incremental
cost proposal; provide written revisions or approval of the proposal
within ten (10) days of receipt of Grantee's submittal. In the event the
Grantee's proposal is not approved by the City Manager or the Grantee
does not provide written acceptance of the City's revisions within one
hundred fifty (150) days from the effective date of this Franchise, the
right to obtain the extended term is automatically denied.
(7) In no event shall the City have any liability for any expenses the Grantee
incurs in preparation of such plans, specifications or cost proposal until
approval of such plans, specifications or cost proposal is given by the
City Manager.
(8) Grantee shall commence the I-Net construction within thirty (30) days
from approval of the cost proposal by the City Manager.
(9) Grantee shall provide the City with monthly updates indicating work
completed, planned construction for next month, and projected time-line
for project completion to meet the schedules herein.
(10) The I-Net, including all splicing and testing, shall be fully complete,
activated, and capable of operation within nine (9) months after the
effective date of this Franchise. The City shall conduct a final inspection
to verify completion.
(11) Upon verification of completion by the City and delivery by Grantee to
the City of As-Builts and a complete set of City approved fiber and
equipment test results, the City will issue formal acceptance of the I-Net.
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8.5.2 Grantee shall warrant the I-Net construction for a period of one year following
City acceptance and be responsible to promptly correct, at its own expense, all defects and errors that
may arise during the warranty period.
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8.5.3 Grantee shall include in its design a direct I-Net connection between Grantee's
Headend and the City's Institutional Network control center in order to provide for video feeds and/ or
data that need to be routed to the Grantee subscriber network Access Channels.
8.5.4 Interconnection and Extensions. The City reserves the right to make
interconnections and extensions or drops to additional sites within and outside of the city limits not listed
in Exhibit "B" by itself or by the Grantee or other contractors, provided that all such interconnections to
the Grantee's Network are performed only by the Grantee at competitive commercial rates.
8.6 Demand Maintenance of the I-Net. Grantee shall provide demand maintenance
twenty-four hours a day, seven days a week and shall maintain the I-Net to operate at or above FCC
standards at all times.
8.6.1 Normal Operating Conditions. Under normal operating conditions, Grantee shall
respond to all outage reports within two hours and make necessary repairs within four hours of
notification Monday through Friday, 6 a.m. to 10 p.m. through 6 a.m. on Saturday and Sunday. Under
normal operating conditions, Grantee shall respond to degradation reports within twenty-four hours.
8.6.2 Emergency Conditions. In emergency conditions, such as a natural emergency
resulting from a windstorm, Grantee will perform emergency repair work on the fiber and field
equipment in the course of conducting its own emergency repair work on its fiber systems. All fibers at a
given damage location shall be repaired concurrently without preference to function.
8.7 Routine Maintenance of I-Net. Routine maintenance on the fiber used exclusively by the
City for I-Net use will be conducted on the same schedule as routine maintenance on Grantee's fiber
systems. Any maintenance performed upon the I-Net shall be performed by Grantee with minimum
seven (7) day prior notice to the City.
8.8 Payment for Use, Operation, and Maintenance of I-Net. An ongoing monthly fee may be
charged by the Grantee for use, operation and maintenance of the I-Net. The fee shall cover Grantee's cost
for operation and maintenance and shall be cost-based, calculated at a time-and-material rate as set by the
FCC, or a prorated share, based upon each parties' relative number of fiber strands. The fee shall also
give credit for any capital contribution made by the City or other I-Net user towards the cost of the I-Net.
Such fee shall be applied as a credit to the Franchise fee due the City on the last calendar quarter payment
for each year with sufficient documentation for such credits.
8.9 Administration, Maintenance and Management of I-Net Sites and Equipment. The City
shall be responsible for the ongoing administration, maintenance and management of its I-Net sites and
City owned equipment. All such maintenance conducted by the City shall be performed in a
workmanlike manner to industry standards, and any City-provided equipment shall comply in all
respects with applicable governmental codes, laws, ordinances or regulations and the National Electric
Safety Code.
8.10 Cost. The cost to the City for the installation and construction of the I-Net shall not
exceed the Grantee's Incremental Cost proposal approved in the design (as described herein) of the I-Net.
There shall be no charge by the Grantee to the City or to any other authorized user for the use of the
I-Net. The incremental cost may be paid by the City over a period of ten (10) years, applied as a pro rata
credit by the Grantee to each quarterly payment due the City under Section 10. Any maintenance,
interconnection or extension costs shall be applied as a credit by the Grantee to each quarterly payment
due the City under Section 10, with sufficient documentation for such credits.
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8.11 Definition of Incremental, Direct and Indirect Costs
8.11.1 Incremental Costs. Incremental costs are that portion of the direct costs solely
attributable to the cost of materials of the I-Net for which the City is responsible
for payment under this Franchise. Incremental costs include only the direct costs
that would not have been incurred but for the providing of such I-Net and do not
include indirect costs. The parties agree the only significant items of incremental
cost are the fiber strand, splicing, and network equipment modules or cards
required to service the I-Net. The incremental cost of fiber strand shall not exceed
$0.015 per linear foot per strand.
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8.11.2 Direct Costs. In respect to the obligation of the City to pay for the cost of I-Net
facilities to be provided by Grantee under this Franchise, the term" direct costs"
includes only those costs specified in this Section 8 and no indirect costs. "direct
costs" shall include:
(1)
(2)
(3)
(4)
(5)
(6)
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(7)
Cost of design, materials and equipment necessary for construction;
payments made by Grantee to subcontractors in accordance with the
requirements of the subcontracts;
wages and salaries and associated taxes and benefits of Grantee's
employees performing work on the relevant portion of City-required
facilities;
sales, excise, and other taxes paid by Grantee on materials, equipment,
supplies and services chargeable to the relevant portion of the
City-required facilities;
any labor force travel expenses directly chargeable to the work on the
relevant portion of the City-required facilities;
cost of necessary licenses and permit fees, including rights-of-way
construction permit fees and inspection fees, if any, related to the
relevant portion of the City-required facilities, the City may review the
applicability of such City permit fees, such as construction permit fees,
construction impact fees, and construction inspection fees for the I-Net.
actual rental costs for the use of any necessary temporary facilities, or
special machinery, equipment and hand tools used in the work on the
relevant portion of the City-required facilities;
that portion directly attributable to this Franchise of premiums for
insurance and bonds related to the design and construction of the
City-required facilities; .
any work destroyed or damaged prior to completion, not compensated
by insurance or otherwise, sustained by Grantee in connection with the
work, provided the damage resulted from causes other than the fault or
negligence of Grantee;
costs of removal of debris on the relevant portion of the City-required
facilities;
costs incurred on the relevant portion of the City-required facilities, in
taking action to prevent threatened damage, injury, loss in case of an
emergency affecting the safety of persons and property;
any additional sole attachment costs to Grantee; and
other costs incurred on the relevant portion of the City-required facilities
in the performance of the work if, and to the extent, approved in advance
in writing by the City.
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(13)
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8.11.3 Indirect Costs. Indirect costs shall include:
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(1) Salaries and other compensation of Grantee's employees stationed at
Grantee's offices other than the work site, except as may be expressly
included in Subsection 8.11.2 (3);
(2) overhead and general expenses, except as may be expressly included in
Subsection 8.12.2 (3);
(3) Grantee's cost of capital (debt and equity); and
(4) costs due to the fault or negligence of Grantee, subcontractors, anyone
directly or indirectly employed by any of them, or for those whose acts
any of them may be liable, including, but not limited to, costs for the
correction of damage, defective or nonconforming work, disposal and
replacement of materials and equipment incorrectly ordered or supplied,
in making good damage to property not forming a part of the work.
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8.12 I-Net Costs not Franchise Fees. The parties agree that there shall be no charge for the
I-Net provided by Grantee, other than the charges specified in this Section 8. The parties agree that any
costs to the Grantee associated with the I-Net provided by Grantee are not Franchise fees, and fall within
one or more of the exceptions to 47 U.S.c. 542(g).
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8.13 Pricing Guarantee. Notwithstanding any other provision of this Franchise, for any work
that the City is obligated to use the Grantee to perform under this Franchise, the Grantee guarantees that
the amount it charges will be consistent with the price the City could obtain through a competitive
pricing process.
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SECTION 9. CONSTRUCTION PROCEDURES
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9.1 Cable System Construction Standards. All work involved in the construction, operation,
maintenance, repair, upgrade, and removal of the Cable System shall be performed in a safe, thorough
and reliable manner using materials of good and durable quality, and so as to cause a minimum of
interference with the Public Rights-of-Way. If, at any time, it is determined by the City or any other
agency or authority of competent jurisdiction that any part of the Cable System, including, without
limitation, any means used to distribute signals over or within the Cable System, is harmful to the health
or safety of any person, then the Grantee shall, at its own cost and expense, promptly correct all such
conditions.
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9.2 Construction Work Regulation by City. All construction work done by Grantee in
connection with the construction, expansion, reconstruction, maintenance or repair of its facilities in the
Public Rights-of-Way shall be subject to and governed by all lawful City requirements, including but not
limited to Chapter 11.08 P AMC relating to excavation work within rights-of-way, Chapter 11.12 P AMC,
Right-of-Way Use, Chapter 13.14 P AMC, Pole Attachments, and applicable federal and state rules and
regulations.
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9.3 Work by Others. The City reserves theright to lay and permit to be laid,
telecommunications, sewer, gas, water, electric and other pipe lines or cables and conduits, and to do and
permit to be done, any underground and overhead work, and any attachment, restructuring or changes
in aerial facilities that may be deemed necessary or proper by the City Manager in, across, along, over or
under any public street, alley or right-of-way occupied by Grantee, and to change any curb or sidewalk or
the grade of any street. In permitting such work to be done, the City shall not be liable to Grantee for any
damages not directly caused by the willful misconduct or negligence of the City; provided, however,
nothing herein shall relieve any other person or entity, including any contractor, subcontractor, or agent
from liability for damage to Grantee's Cable System.
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9.4 Construction by Abutting Owners. In the event that, during the term of this Franchise,
the City authorizes abutting landowners to occupy space under the surface of any public street, alley, or
right-of-way, such grant to an abutting landowner shall be subject to the rights herein granted to Grantee.
In the event that the City shall close or abandon any public street, alley or right-of-way, which contains
any portion of Grantee's Cable System, any conveyance of land contained in such closed or abandoned
public street, alley, or right-of-way shall be subject to the rights herein granted.
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9.5 Relocation or Removal of Facilities.
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9.5.1 Grantee will obtain the City's approval before any relocation of Grantee's
facilities in the Public Rights-of-Way. Such approval shall not be unreasonably withheld.
9.5.2 Within thirty (30) days following written notice from the City, the Grantee shall,
at its own expense, temporarily or permanently remove, relocate, change or alter the position of any of its
Cable System or other of its facilities that are within the Public Rights-of-Ways whenever the City shall
have determined that such removal, relocation, change or alteration is reasonably necessary for:
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(1)
the construction, repair, maintenance or installation of any City or other
public improvement in or upon the Public Rights-of-Way;
the operations of the City or other governmental entity in or upon the
Public Rights-of-Way.
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(2)
9.5.3 Grantee and the City shall cooperate to the extent possible to assure continuity of
service. If Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole
cost and expense of Grantee, all without compensation or liability for damages to Grantee.
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9.5.4 This Section is not intended to affect or alter any current contractual agreements
that the Grantee may have concerning relocation of facilities or recovery of costs from private third
parties from relocations requested by such private third parties.
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9.6 Tree Trimming. Upon ten (10) days' written notice provided to the City, except in an
emergency of imminent danger to persons or property, the Grantee may trim trees or other vegetation
owned by the City or encroaching upon the public right-of-way to prevent their branches or leaves from
touching or otherwise interfering with its wires. All trimming or pruning within environmentally
sensitive areas shall be subject to applicable requirements of Chapter 15.20 P AMC "Environmentally
Sensitive Areas Protection". All trimming or pruning shall be at the sole cost of the Grantee. The Grantee
may contract for said trimming or pruning services with any person approved by the City.
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SECTION 1 O. COMPENSATION AND FINANCIAL PROVISIONS
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10.1 General Compensation. Grantee agrees to pay to the City during each year of this
Franchise, a franchise fee consisting of five percent (5 %) of Grantee's Gross Revenue within the Franchise
Area.
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10.2
Calculation and Payment on a Quarterly Basis of Annual Franchise Fee
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10.2.1 Grantee shall pay to the City for each quarter this Franchise remains in effect an
amount equal to five percent (5%) of Gross Revenue, referred to as the "quarterly payment." Grantee shall
make this payment by check or by wire transfer to the account designated by the City Manager by 5:00
P.M. on the forty-fifth (45) day following the close of the calendar quarter for which the quarterly
payment is calculated,provided that necessary information in order to pay by wire transfer is or has been
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provided to Grantee at least ten (10) days prior to the payment date. Any necessary prorations shall be
made.
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10.2.2 To the extent consistent with federal law, the compensation set forth in this
Section shall be exclusive of and in addition to all special assessments and taxes of whatever nature,
including, but not limited to, ad valorem taxes, public utility taxes, use permits, inspection fees and
assessments for recovery of costs incurred by the City.
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10.2.3 In the event any quarterly payment is made after 5:00 P.M. on the date due,
Grantee shall pay a late payment charge of the greater of (A) $100 or (B) simple interest at twelve percent
(12%) annual percentage rate of the total amount past due.
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10.2.4 Payment of money under this Section shall not in any way limit or impair any of
the privileges or regulatory, condemnation, police powers or taxing rights of the City of Port Angeles,
whether under this Franchise or otherwise. No acceptance of any payment shall be construed, as an
accord that the amount paid is the correct amount, nor shall such acceptance be construed as a release of
any claim which the City may have for additional sums payable under the provisions of this Section.
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10.2.5 Grantee shall file annually with the City Manager no later than one hundred
twenty (120) days after the end of the Grantee's fiscal year, a statement of Gross Revenue for that year
within the Franchise Area pursuant to this Franchise. This statement shall present a detailed classification
of Gross Revenue and uncollectible accounts for the year in a reasonable form prescribed by the City
Manager after consultation with Grantee.
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10.2.6 Public Utility Tax. Grantee agrees to pay the City public utility tax on the
Grantee's Gross Revenue in accordance with Exhibit E.
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10.2.7 City's Franchise Renewal Costs. Nothing in this Franchise shall be construed to
limit the right of the City to require the Grantee to pay reasonable costs incurred by the City in
connection with the renewal of this franchise, whether pursuant to this Franchise or any other ordinance
or regulation now in effect or hereafter adopted by the City. Within thirty (30) days of receipt of invoice
from the City, the Grantee shall pay out-of-pocket costs incurred by the City during the franchise renewal
process, which costs shall be limited to consulting fees and expenses and the costs of publishing notices
and ordinances. Such payment shall not be deductible from or considered to be in lieu of franchise fees
or public utility taxes.
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10.2.8 Any transaction or arrangement which has the effect of circumventing payment
of required franchise fees andf or evasion of payment of franchise fees by non-collection, non-reporting of
Gross Revenue, collection of revenues by Affiliates, bartering, or any other means which evade the actual
collection of revenues by Grantee for services delivered over the Cable System or businesses Grantee
pursues derived from the operation of the Cable System is prohibited.
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10.3
Bond and Letter of Credit
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10.3.1 Grantee shall obtam a performance bond in favor of the City with a surety
company approved by the City Attorney, in the amount of twenty-five thousand ($25,000) dollars to
secure Grantee's performance of its obligations and faithful adherence to all requirements of this
Franchise. Grantee shall provide this performance bond at the time of filing the acceptance of this
Franchise, as required by Subsection 3.2 herein. The City in accordance with Section 12.3.5 may draw
upon this bond.
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10.3.2 Grantee shall also provide a letter of credit from a financial institution approved
by the City Manager in the amount of twenty-five thousand ($25,000) dollars. Said letter of credit is to
guarantee payment of liquidated damages as set forth in Section 12.3.
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10.3.3 The bond and letter of credit shall each contain the following endorsement: "It is
hereby understood and agreed that this bond (or letter of credit) may not be canc:eled by the surety nor
any intention not to renew be exercised 9Y the surety until thirty (30) days after receipt by the City
Attorney, by certified mail, of written notice of such intention to cancel or not to renew".
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10.3.4 The rights reserved to the City with respect to the bond and letter of credit are in
addition to all other rights of the City, whether reserved by this Franchise ordinance or authorized by law;
and no action, proceeding or exercise of a right with respect to such bond or letter of credit shall affect the
City's rights to demand full and faithful performance under this Franchise or limit Grantee's liability for
damages.
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10.4 Insurance
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1004.1 Subject to Grantee's right to maintain reasonable deductibles in such amounts as
are approved by the City Manager, Grantee shall obtain and maintain in full force and effect for the
duration of this Franchise, at Grantee's sole expense, insurance coverage in the following type and
minimum amounts:
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(1)
Grantee shall obtain and maintain in full force and effect throughout the
term of this Franchise insurance in the same amounts as are required in
the City's Telecommunications Ordinance, PAMC Chapter 11.14.120E.
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(2)
Grantee shall obtain coverage for programming on channels that are
directly or indirectly controlled by Grantee for libel and slander and
copyright violations with a combined single limit of $10,000,000 per
occurrence or its equivalent
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10.4.2 The Grantee shall furnish a certificate of insurance as part of its acceptance of this
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10.5 Indemnity
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10.5.1 Grantee shall defend, indemnify, and hold City harmless from and against all
damages, costs, losses or expenses for the repair, replacement, or restoration of City's property,
equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a
result of Grantee's negligence, willful misconduct, or strict liability.
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10.5.2 Grantee, for itself and its agents, employees, subcontractors, and the agents and
employees of said subcontractors, shall defend, indemnify, and hold the City, its successors, assigns,
officers, employees and elected officials harmless from and agai~st any and all claims, demands, suits,
causes of action, and judgments for: (A) damage to or loss of the property of any person (including, but
not limited to Grantee, its agents, officers, employees and subcontractors, City's agents, officers and
employees, and third parties); and/ or (B) death, bodily injury, illness, disease, worker's compensation,
loss of services, or loss of income or wages to any person (including but not limited to the agents, officers
and employees of Grantee, Grantee's subcontractors and City, and third parties), arising out of, incident
to, concerning, or resulting from the negligence, willful misconduct or strict liability of Grantee, its agents,
employees, and/ or subcontractors, in the performance of all activities and services pursuant to this
Franchise, no matter how, or to whom, such loss may occur.
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10.5.3 In the event that any such damage, claim or loss is found by a court of competent
jurisdiction to be caused by the concurrent fault of both Grantee and City, then Grantee shall indemnify
City to the full proportionate extent that Grantee is determined to be at fault. It is the intention of the
parties, and Grantee expressly agrees, that the provisions of this Section shall not exclude claims,
damages, and losses caused in part, but not wholly, by the negligence of City, even if the City is more
negligent than Grantee.
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10.5.4 The terms of each contract awarded by Grantee for activities pursuant to this
Franchise shall contain indemnity provisions whereby the contractor shall indemnify City to the same
extent as described above.
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10.5.5 City shall give Grantee prompt written notice of any claims or suits. Grantee
shall have the right to investigate, defend. and compromise same to the extent of its own interests.
10.6 Audits
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10.6.1 The City reserves the right to conduct financial audits, not more frequently than
once every other year, relating to matters arising under this Franchise or to retain an independent
certified public accountant to conduct such audits. In the event an audit results in a determination that
Grantee has underpaid any franchise fee or tax obligation arising under this Franchise by five percent (5 %)
or more, or materially misstated financial information in any report furnished to the City, Grantee shall
reimburse the City for the costs of the audit.
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10.6.2 Grantee shall pay to the City any amounts which any audit indicates are owed
following an independent review of such audit.
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10.6.3 The City reserves the right to perform other audits for franchise compliance
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SECTION 11. REPORTING REQUIREMENTS
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11.1
Reports.
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11.1.1 Grantee shall provide all reports as required in accordance with Exhibit D.
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11.1.2 The City Manager may, at any time, make inquiries pertaining to Grantee's
performance of the terms and conditions of this Franchise. Grantee shall respond to such inquiries on a
timely basis.
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11.1.3 Grantee shall report to the City within the first year of its Franchise term, the
results of its efforts to address areas of subscriber concern, disclosed by the City's 2001 needs and
interests ascertainment, including but not limited to rates, programming and customer relations. Grantee
shall implement a public relations program to address these areas of subscriber complaint and the City
reserves the right to review and comment on the program at reasonable intervals.
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11.1.4 Grantee shall report to the City such other information relating to this Franchise
as the City Manager may reasonably require to demonstrate compliance with the Franchise and shall
comply with the City's reasonable determination of forms for reports, the time for reports, the frequency
with which any reports are to be made, and if reports are to be made certified.
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11.2 Records
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11.2.1 Grantee shall keep complete and accurate books of accounts and records of its
business and operations pertaining to this Franchise, in accordance with generally accepted accounting
principles.
11.2.2 After consultation with Grantee, the City Manager may reasonably require the
keeping of additional records or accounts which are reasonably necessary for purposes of identifying,
accounting for, and reporting Gross Revenue and uncollectibles for purposes of the compensation
required under Section 10. To the extent practicable, Grantee shall keep its books of accounts and records
in such a way that identification of revenues by type within the Franchise Area is straightforward.
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11.2.3 In order to verify the Gross Revenue received by the Grantee which in
accordance with Section 10 is subject to a franchise fee and public utility tax, Grantee agrees that on the
same date that payment is made, it will file with the City Manager a certified copy of a report acceptable
to the City Manager in sufficient detail to itemize revenues which comprise Gross Revenue. Without
limitation on the discretion of the City Manager to require additional information, this report shall:
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(3)
Incorporate a statement reflecting the market value of all "trade"
revenue (revenues from exchanges or barter which do not involve
monetary compensation);
Show all local, regional and national advertising revenue allocated to the
operation of the Cable System in the Franchise Area in accordance with
the Allocation Percentage.
Provide the total number of commercial service accounts by types (e.g.,
business/ multi-family) served by the Grantee using its Cable System,
including a broad description of the Cable Services provided.
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(1)
(2)
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11.2.4 Upon the City Manager's thirty (30) day written request, Grantee shall make
available to the City, in Port Angeles during regular business hours, its books and records to examine,
audit, review and/ or obtain copies of the papers, books, accounts, documents, maps, plans and other
records of Grantee pertaining to all revenue derived by Grantee and Affiliates from the operation of the
Cable System to provide Cable Service, in order to verify the accuracy of payments under Section 10.
Grantee shall fully cooperate in making available its records and otherwise assisting in these activities.
The City shall extend the time for the provision of such information upon a reasonable showing by
Grantee that such extension is justified.
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11.3
Filings
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11.3.1 FCC Filings. The Grantee shall, on a quarterly basis, mail or deliver a list of all
filings related to this Franchise it makes with state and federal agencies to the City Manager. Consistent
with Section 11.2.4, the City shall have the right to inspect and copy any such filings.
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11.3.2 Promptly and timely, Grantee shall provide the City upon request with notices of
all petitions, applications, communications and reports submitted to or received from Grantee or
Affiliates and the FCC, Securities and Exchange Commission, and the appropriate state utility
commission, if any, or their successor agencies, relating to any matter affecting the use of Franchise Area,
Public Rights-of-Way, and/ or the operation of a Cable System authorized pursuant to this Franchise.
Consistent with Section 11.2.4, the City shall have the right to inspect and copy any such documentation.
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11.4 Confidentiality of Information. The City will maintain confidentiality of information
provided by Grantee to the extent permitted by law when Grantee has notified the City of the
confidential nature of the information.
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SECTION 12. REGULATORY PROVISIONS
12.1 Transfer of Ownership and Control
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12.1.1 Neither this Franchise, or'more than fifteen percent (15%) of the Cable System,
nor any of the City's I-Net exclusive rights, held by Grantee for use under this Franchise, which are in the
Public Rights-of-Way, nor any rights or privileges of Grantee under this Franchise, either separately or
collectively, shall be sold, resold, assigned, transferred or conveyed by Grantee to any other person, firm,
Affiliate or entity, without the prior written consent of the City. Such approval shall not be unreasonably
withheld.
12.1.2 Should the Grantee sell, assign, transfer, conveyor otherwise dispose of any of
its rights or interests under this Franchise, including Grantee's Cable System or capacity on its Cable
System, or attempt to do so, without the City's prior consent, the City may revoke this Franchise for
default, in which event all rights and interest of the Grantee shall cease. Any transfer in violation of this
Section shall be null and void and unenforceable.
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12.1.3 Any change of Control of Grantee shall constitute a transfer under this Section.
There shall be a presumption of a change of Control of Grantee upon a change of 10% or greater in the
ownership of Grantee. A mortgage or other pledge of assets to a bank or lending institution in a bona fide
lending transaction shall not be considered an assignment. The Grantee agrees to promptly pay to the
City a sum of money sufficient to reimburse it for all reasonable expenses incurred by the City in review
of such an assignment or transfer as provided for in this Section.
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12.2
Forfeiture and Termination.
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12.2.1 In addition to all other rights and powers retained by the City under this
Franchise or otherwise, the City reserves the right to forfeit and terminate this Franchise and all rights
and privileges of Grantee hereunder in the event of a material breach of its terms and conditions, subject
to reasonable notice and opportunity to cure, as provided in Section 12.3.
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12.2.2 The foregoing shall not constitute a material breach if the violation occurs
without the fault of Grantee or occurs as a result of circumstances beyond its control. Grantee shall not be
excused from performance of any of its obligations under this Franchise by mere economic hardship, nor
misfeasance or malfeasance of its directors, officers or employees.
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12.2.3 A termination shall be declared only by a written decision of the City Council, by
ordinance, resolution or motion, after an appropriate public proceeding before the City Council, which
shall accord the Grantee due process and full opportunity to be heard and to respond to any notice of
grounds to terminate. All notice requirements shall be met by providing the Grantee at least fifteen (IS)
days prior written notice of any public hearing concerning the proposed termination of this Franchise.
Such notice shall state the grounds for termination alleged by City.
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12.2.4 The City Council, upon finding the existence of grounds to terminate, may either
declare this Franchise terminated or excuse such grounds upon a showing by the Grantee of mitigating
circumstances or good cause for the existence of such grounds.
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12.2.5 Neither Grantee's acceptance of this Franchise, Grantee's appearance before the
City Council concerning proposed termination of this Franchise, nor any action taken by the City Council
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as a result of any such process, including a declaration of termination or a finding of grounds to terminate,
shall be construed to waive or otherwise affect the Grantee's right to seek judicial determination of the
rights and responsibilities of the parties under this Franchise.
12.3.1 If the City has reason to believe that Grantee is in violation of this Franchise, the
City Manager shall notify Grantee in writing of the violation setting forth the nature of such violation.
Within thirty (30) days of receipt of such notice, or such longer period specified by the City Manager,
Grantee shall respond in writing that the violation has been cured or provide a cure plan or schedule that
satisfies the City Manager or provide explanations in refutation or excuse with documentation to support
that an alleged violation did not occur.
12.3.2 Notwithstanding Subsection 12.3.1 above, Grantee shall be allowed thirty (30)
days to cure violations after written notice is received from the City, by taking appropriate steps to
comply with the terms of this Franchise and any other applicable lawful regulations. If the nature of the
violation is such that it cannot be fully cured within 30 days due to circumstances not under Grantee's
control, the period of time in which Grantee must cure the violation shall be extended by the City
Manager in writing for such additional time reasonably necessary to complete the cure, provided that (1)
Grantee shall have promptly commenced to cure, and (2) Grantee is diligently pursuing its efforts to cure
in the City Manager's reasonable judgment.
12.3 Violations
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12.3.3 If the violation has not been cured within the time allowed under Subsection
12.3.2 above, then Grantee shall be liable for liquidated damages for the following violations:
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(1)
(2)
Failure to provide and maintain requested Cable Service to any
household within the Franchise Area as required by this Franchise:
fifteen cents ($0.15) per affected household, for each day that such failure
continues (not to exceed one thousand ($1000) dollars per day).
Failure to promptly provide bonds, letters of credit, insurance or reports,
records, filings or other data to the City, in accordance with Section 10,
and Section 11: two hundred and fifty ($250) dollars per day, for each
day such failure continues.
Failure to provide resources and an Access Channel in strict compliance
with Sections 6 and 7 hereof: three hundred ($300) dollars per day for
each day such failure continues.
Failure to comply with lawful City requirements concerning construction
in the Public Rights-of-Way: two hundred ($200) dollars per day for each
day such failure continues.
Failure to substantially comply with a material requirement of the
Subscriber Service Standards: two hundred ($200) dollars per day for
each day such failure continues.
Failure to substantially comply with technical and performance
specifications upon completion and activation of the institutional
network: three hundred dollars ($300) per day for each day such failure
continues.
If the Grantee accepts the extended term described in Subsection 4.2.2,
failure to comply with Subsection 4.2.2: five hundred ($500.00) dollars
per day.
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(5)
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(6)
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(7)
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12.3.4 Grantee agrees that each of the foregoing failures shall result in injuries to the
City and its citizens and institutions, the compensation for which would be difficult to ascertain and to
prove. Accordingly Grantee agrees that the foregoing amounts are liquidated damages, not a penalty or
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forfeiture, and are within one or more exclusions to the term "franchise fee" provided by federal law at
47 U.S.c. 542 (g) (2) (A-D) and therefore in no way part of the compensation paid to the City pursuant to
Section 10 herein.
12.3.5 If Grantee fails to make full and complete payments as required by this Franchise
within ten (10) days after receipt of written notice from the City Manager, then the City Manager may
immediately withdraw without further notice to Grantee the amount thereof from the letter of credit
maintained in accordance with Section 9.3, except as subject to Section 12.3.6 below.
12.3.6 Notwithstanding any other provision of this Franchise, upon Grantee's request,
Grantee shall be afforded an opportunity to show that a violation has not occurred, and the City Manager
may not act under Section 12.3.5 until the administrative hearing, as provided for herein, is concluded
and a determination has been made as to whether a violation has occurred. This opportunity shall consist
of an administrative hearing upon thirty (30) days' notice before an impartial hearing examiner jointly
designated by the City Attorney and Grantee within thirty (30) days of Grantee's request.
12.3.7 If as a result of the administrative hearing, the hearing examiner determines that
a violation has not occurred, the City shall pay all of the expenses related to the administrative hearing. If
a violation has occurred, Grantee shall pay the expenses. After the conclusion of the administrative
hearing either party may seek any and all remedies that it may have at law.
12.3.8 Upon evidence being received by the City that violations of this Franchise or any
ordinances lawfully regulating Grantee in the construction and operation of its Cable System have
occurred, or continue to occur after the thirty (30) day period, and any additional time necessary to cure,
as allowed under Section12.3.2, the City may cause an investigation to be made. If the City finds that such
a violation continues to exist or has occurred, then the City or Grantee may take any action authorized by
law, including forfeiture of this Franchise and a suit in court to compel compliance. In any such
proceeding the non-prevailing party shall be required to pay the reasonable expenses incurred by the
prevailing party in such suit and all damages and costs (including attorney fees), but Grantee may be
allowed, either by the court in the judgment of forfeiture or by order of the City Council, a reasonable
time thereafter, as fixed by such judgment or order, to correct the default and pay such expenses,
damages and costs as it may be adjudged to pay, and if Grantee does so correct and so pay within such
time, forfeiture shall not become effective nor be enforced.
12.3.9 Failure by the City or the Grantee to enforce any rights under this Franchise does
not constitute a waiver of such rights.
12.4 Governing Law. This Franchise is passed subject to the provisions of the Constitution and
laws of the United States of America and the State of Washington and the ordinances of the City of Port
Angeles.
12.5 Force Majeure. The term "Force Majeure" shall mean delays due to acts of God, war,
civil disturbances, fire, unavoidable casualty, construction delays due to weather, failure of supplier(s), or
other similar causes beyond the control of Grantee. The time within which Grantee shall be required to
perform any act under the Franchise shall be extended by a period of time equal to the number of days
performance is delayed due to a Force Majeure. Grantee shall not be subject to any penalty hereunder
because of acts or failure to act due to Force Majeure.
12.6 Severability And Preemption.
12.6.1 Except as provided in 12.6.2 below, if any section, subsection, sentence, clause,
phrase, term, provision, condition, covenant or portion of this Franchise is for any reason held invalid or
unenforceable by any court of competent jurisdiction, or superseded by state or federal legislation, rules,
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regulations or decision, the remainder of this Franchise shall not be affected thereby but shall be deemed
as a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions hereof, and each remaining section, subsection sentence, clause, phrase, provision,
condition, covenant and portion of this Franchise shall be valid and enforceable to the fullest extent
permitted by law.
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12.6.2 If any material provision of this Franchise is for any reason held invalid or
unenforceable by any court of competent jurisdiction, or superseded by state or federal law, rules,
regulations or decision so that the intent of these provisions is frustrated, the parties agree to immediately
negotiate a replacement provision to fulfill the purpose and intent of the superseded provisions
consistent with applicable law.
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12.6.3 In the event that federal or state laws, rules or regulations preempt a provision or
limit the enforceability of a provision of this Franchise, then the provision shall be read to be preempted
to the extent and for the time required by law. In the event such federal or state law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had
been preempted is no longer preempted, such provision shall thereupon return to full force and effect,
and shall thereafter be binding on the parties hereto, without the requirement of further action on the part
of the City, and any amendments to this Franchise negotiated pursuant to Subsection 12.6.2 as a result of
such provision being preempted shall no longer be of any force or effect.
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SECTION 13. REOPENERS
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13.1 Grounds. The occurrence of any of the following shall be grounds for the City or Grantee
to reopen the Franchise as further provided in this Section:
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13.1.1 Any event that gives rise to a right to terminate the Franchise under any other
provision, to be exercised only by the City.
13.1.2 Any court or quasijudicial action that invalidates or substantially negates the
effect of any material provision of this Franchise.
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13.1.3 Any state or federal legislation that invalidates or substantially negates the effect
of any material provision of this Franchise, said grounds to be exercised only by the City.
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13.1.4 Any proposed or actual use of the cable system by Grantee that is not expressly
provided for in this Franchise and that invalidates or substantially negates the effect of any material
provision of this Franchise.
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13.1.5 Any upgrade required by Section 5.6, where Grantee asserts that the required
upgrade or implementation is not technically or commercially feasible.
13.1.6 Any ascertainment pf present or future cable related community needs and
interests that results in a determination that specific provisions of this Franchise no longer reflect such
community needs and interests, to be exercised only by the City.
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13.2 Reopener Procedure
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13.2.1 The City or Grantee shall make a determination that grounds exist to implement
the reopener provisions of this Section and shall formally notify the other party in writing and in
reasonable detail of that determination, the grounds for it, and the proposed modification deemed
necessary to address the event giving rise to the reopener; provided, however, if the grounds asserted are
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within those described in Section 13.1.5, the City shall first schedule a public hearing, with adequate
notice to the public and Grantee, to address the benefits, expense, and potential costs to subscribers, of
implementing such modifications.
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13.2.2 For a period of 90 days following Grantee's receipt of the notice, Grantee and the
City shall seek to negotiate an amendment to the Franchise reflecting the grounds identified in notice of
reopener in light of the cable related community needs and interests and the cost of meeting those needs
and interests.
13.2.3 If Grantee and the City are unable to reach agreement within the 90-day period,
the matter shall be submitted to arbitration.
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13.3 Criteria Governing Arbitration Decision
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13.3.1 The arbitrator(s) shall decide whether either party has established a right to a
modification of the Franchise based upon the grounds identified in the reopener notice and in light of the
evidence presented to them and applicable legal authority, and if so, shall prescribe the modification.
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13.3.2 The arbitrator(s) shall make the determination of whether a right to a
modification exists, and the nature of any such modification, based on the following criteria:
(2)
Whether the particular modification is needed to meet the present and
future cable related community needs and interests, as determined by
the City, taking into account the cost of meeting those needs and
interests during the term of this Franchise and any proposed extension;
provided, in the case of an arbitration involving an upgrade pursuant to
Section 5.7.1(1), the arbitrator(s) shall be limited to determining whether
the requirement of Section 5.7.1(1) has been met by the City.
Whether the particular modification is within the lawful power of the
City.
Whether the party having the burden of proof has met its burden.
(1)
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SECTION 14. MISCELLANEOUS PROVISIONS
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14.1 Notices
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14.1.1 All notices from Grantee to the City pursuant to this Franchise shall be directed
to the City Manager at City Hall, 321 East Fifth Street, P.o. Box 1150, Port Angeles, W A 99362-0216, or to
such officer as designated by the City Manager.
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14.1.2 All notices to Grantee pursuant to this Franchise shall be to such local corporate
officer within the City of Port Angeles designated by Grantee in writing. Grantee shall maintain within
the City of Port Angeles throughout the term of this Franchise an address for service of notices by mail.
Grantee shall also maintain within the City of Port Angeles a local telephone number operational during
normal business hours for the conduct of matters related to this Franchise. Any change in address or
telephone number shall be furnished to the City ten (10) days prior to the change.
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14.2 Entire Agreement. This Franchise contains all of the agreements of the parties with
respect to any matter covered or mentioned in this Franchise and no prior or contemporaneous
agreements or understandings pertaining to any such matters shall be effective for any purpose. No
provision of this Franchise may be amended or added to except by agreement in writing signed by both
of the parties.
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14.3 Previous Rights Abandoned. This Franchise is in lieu of any and all other rights,
privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by Grantee
or any successor pertaining to the construction, operation, modification or maintenance of a Cable System
in the City. The acceptance of this Franchise shall operate between Grantee and the City, as an
abandonment of any and all such rights, privileges, powers, immunities, and authorities within the City.
Upon the effective date of this Franchise, all construction, operation, modification or maintenance by the
Grantee of any Cable System in the City shall be under this Franchise and not under any other right,
privilege, power, immunity, or authority.
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14.4 Repeal of Prior Ordinances. Cable Franchise Ordinance No. 2470 and the consent to
transfer Resolution No. 27-88 are hereby repealed and are no longer in force and effect.
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14.5 Attorney's Fees. If any suit or other action is instituted in connection with any
controversy arising under this Franchise, the prevailing party shall be entitled to recover all of its costs
and expenses including such sum as the Court may judge reasonable for attorney's fees, including fees
upon appeal of any judgment or ruling.
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14.6 Time is of the Essence. Time is of the essence of this Franchise and each and all of its
provisions in which performance is afactor.
14.7 Remedies are Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City at
law, in equity, or by statute.
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14.8 Neither Grantee nor City a Common Carrier. Nothing in this Franchise or by any use of
the Access Channels hereof shall be deemed by City or the Grantee to subject the City or Grantee's
operations, Cable System, the Institutional Network, or the use of the Access Channels provided by
Grantee under authorization of this Franchise, to regulation as a common carrier within the meaning of
applicable state or federal law. In the event a state or federal agency or court deem them such, the City
will discontinue or alter its use in such a manner that would be consistent with the intent of the parties
that there is no common carrier service or telecommunication services, as defined in state law that would
require further authorization by the Grantee or the City.
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14.9 Equal Protection. In the event the City enters into a franchise, permit, license,
authorization, or other agreement of any kind with any other person or entity other than the Grantee to
enter into the City's streets and public rights-of-way for the purpose of constructing or operating a Cable
System or providing Cable Service to any part of the Service Area, the material provisions thereof shall be
reasonably comparable to those contained herein, in order that one operator not be granted an unfair
competitive advantage over another, and to provide all parties equal protection under the law.
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Section 2 -- Effective Date. This Franchise shall take effect upon adoption by ordinance of the
City Council, subject to Grantee's acceptance of Franchise and payment of the City's direct expenses in
accordance with Section 3.2 herein.
PASSED AND APPROVED ON
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Date:
.2001.
Mayor
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APPROVED AS TO FORM:
ATTEST:
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City Clerk
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EXHIBITS
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Exhibit A - Acceptance of Franchise
Exhibit B -- Grantee Furnished Connections to Community Facilities
Exhibit C - Subscriber Service Standards
Exhibit D -- Subscriber Service Reporting Requirements
Exhibit E -- Public Utility Tax Ordinance Amendment
Exhibit F - Northland Fiber Upgrade Plan and Node Service Areas
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EXHIBIT A - ACCEPTANCE OF FRANCHISE
In accordance with Section 3.2, the Grantee hereby submits its acceptance of the Franchise and all terms
and conditions thereof to the City at the Clerk's Office. The Grantee hereby certifies that the undersigned
is a duly authorized officer of the Grantee with the authority to execute acceptance of this Franchise.
The Grantee hereby accepts (select only one) the 0 basic term 0 extended term.
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1. A bond in accordance with Section 10.3.
2. A letter of credit in accordance with Section 10.3.
3. A certificate of insurance in accordance with Section 10.4.
4. Payment of the City's expenses in accordance with Section 3.2.
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Attached herewith are the following documents in accordance with the requirements of the Franchise:
ACCEPTED BY NORTHLAND COMMUNICATIONS CORPORATION
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Date:
.2001.
Name and title
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EXHIBIT B - GRANTEE FURNISHED CONNECTIONS TO COMMUNITY FACILITIES
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A. City Municipal Facilities Address initial future initial future
1. City Hall (includes sites below) 321 E 5th Street 1 1
PA Police Department 1 incl
Vem Burton Community Center 1 incl
2. Police Dept Radio Repeater 1022 S ESt 1 1
3. Police Dept Radio Repeater Ediz Hook 1 1
4. Fire Station 102 E 5th St 1 1
5. Senior Center 328 E 7th St 1 1
6. Uncoln Park Fairgrounds 1 1
7. Veterans Memorial 215 S Lincoln 1 1
8. Carnegie Library 205 S Lincoln St 1 1
9. Fine Arts Center 1203 E Lauridsen 1 1
10. William Shore Pool 225 E 5th St 1 1
11. Civic Field 307 S Race St 1 1
12. Crown Park 1901 W 4th St 1 1
13. Erickson Park 302 S Race St 1 1
14. Lion's Park 600 Whidbey 1 1
15. Rains Park 915E8thSt 1 1
16. Shane Park 613 S G St 1 1
17. Volunteer Park 16th and L 1 1
18. Harbor View Park Ediz Hook 1 1
19. Sail and Paddle Ediz Hook 1 1
20. Wolverton Park NB 11/10 ALLEY 1 1
21. Papd Firing Range 3507 W 18th 1 1
22. Bmx Track 1521 W Lauridsen 1 1
23. Parks Maintenance 16th St F St 1 1
24. Cemetery-Office 3127 W 18th St 1 1
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B. City Utility Systems Facilities initial future initial future
1. Corp Yard 1703 S B St 1 1
2. Light Ops 240 W Front 1 1
3. Landfill 3501 W 18th 1 1
4. Wastewater Treatment Plant 1509 Columbia 1 1
5. Water Treatment Plant future 1 1
6. Pump Station #1 5th St & N St 1
7. Pump Station #2 1/2 Alley & Cherry 1
8. Pump Station #3 Marine & Hill 1
9. Pump Station #4 313 Marine Drive 1
10. Pump Station #5 219 E 2nd St 1
11. Pump Station #6 933 Church St 1
12. Pump Station #7 W 19th St 1
13. Pump Station #8 H St & 14th 1
14. Pump Station #9 Del Guzzi Dr. 1
15. Pump Station # 10 1829.5 W 12thst 1
16. Mill Creek Pump Station 600 Viewcrest 1
17. Elwha Emergency Valve 2700 S Milwaukie Dr 1
18. McDougal Booster Pump 3500 McDougal 1
19. Spruce Booster Station 1000 Spruce St 1
20. Scrivner Pump 300 E Scrivner 1
21. Elwha Pump Station Ranney Well 1
22. E SI. Reservoir 1016 1
23. Jones SI. Reservoir 1200 E 9th St 1
24. Peabody Heights Reservoir 600 Viewcrest 1
25. Black Diamond Reservoir Black Diamond Rd 1
26. Mill Creek Reservoir Old Mill Rd 1
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B. City Utility Systems Facilities (continued) initial future initial future
27. PUD Intertie Baker St. 1
28. PUD Intertie Monroe St. 1
29. A Street Substation 1616 S A St 1
30. F Street Substation 1604 S F St 1
31. I Street Substation 1538 W 7th St 1
32. College Substation 1 306 E Park St 1
33. Valley Substation 206 S Valley St 1
34. Washington Substation 224 S Washington 1
35. Laurel Substation 110 E 14th St 1
36. Peabody Substation 2803 S Peabody 1
37. BPA PA Substation 1400 E Park Ave. 1
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C. City & State (WSDOT) Traffic Signals Address initial future initial future
1. T1 Front St Laurel St 1
2. T2 1 st St. Laurel St 1
3. 13 Front St Oak St 1
4. T4 1 st St Oak St 1
5. T5 5th St Race St 1
6. T6 8th St Race St 1
7. T7 Lauridsen Blvd Race St 1
8. T8 5th St Peabody St 1
9. T9 8th St Peabody St 1
10. T10 8th St Cherry St 1
11. T11 (WSDOT) Hwy 101 Del Guzzi Dr 1
12. T12 (WSDOT) Hwy 101 Golf Course Rd 1
13. T13 (WSDOT) 1 st St Ennis St 1
14. T14 (WSDOT) Front St Ennis St 1
15. TI5(WSDOT) 1 st St Race St 1
16. T16 (WSDOT) Front St Race St 1
17. T17 (WSDOT) 1 st St Peabody St 1
18. T18 (WSDOT) 1 st St Lincoln St 1
19. T19 (WSDOT) Front St Lincoln St 1
20. T20 (WSDOT) 5th St Lincoln St 1
21. T21 (WSDOT) 8th St Lincoln St 1
22. T22 (WSDOT) 14th St Lincoln St 1
23. T23 (WSDOT) Marine Dr T umwater Route 1
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D. Port of Port Angeles Address initial future initial future
1. PABH 832 Boat Haven Drive 1 1
2. Port Of PA 115 E Railroad Ave 1 1
3. Port Of PA 112 S Valley St 1 1
4. Marine Terminal 202 N Cedar St 1 1
5. Port Of PA 2007 S 0 St 1 1
6. POIt Of PA 338 W 1st St 1 1
7. Port Of PA 1901 W Lauridsen Blvd 1 1
8. Port Of PA 2138 W Lauridsen Blvd 1 1
9. Port Of PA 2203 W Lauridsen Blvd 1 1
10. Fairchild International Airport 1 1
11. Industrial Park East 1 1
12. Industrial Park West 1 1
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E. Clallam County Address initial future initial future
1. Health And Human Services 223 E 4th St 1 1
2. Sheriff 223 E 4th St 1 1
3. Dispatch 911 321 E 5th St 1 1
4. Child Support Enforcement 421 E 5th Ave 1 1
5. Fairgrounds 1608 W 18th St 1 1
6. Juvenile Services 1912 W 18th 1 1
7. Drug Task Force 240 W Front St 1 1
8. District \I Court 502 E Division 1 1
9. Maintenance Shops 1033 W Lauridsen Blvd 1 1
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F. Regional Address initial future initial future
1. Oallam County PUD. 1936 W 18th St 1 1
2. Clallam County PUD. 2431 E Hwy 101 1 1
3. Clallam Transit 830 W Lauridsen Blvd 1 1
4. Para Transit 212 N Gales St 1 1
5. Housing Authority 2603 S Francis St 1 1
6. North Olympic Youth Centers 535 E 1st St 1 1
7. Lower Elwha Klallam Tribe 1026 E 1 st St Suite 2 1 1
8. Lower Elwha Klallam Tribe 2851 Lower Elwha Rd 1 1
9. Lower Elwha Klallam Tribe 51 Hatchery Rd 1 1
10. Lower Elwha Klallam Tribe 463 Stratton Rd 1 1
11. Lower Elwha Klallam Tribe 22 Kwitsen Or 1 1
12. Lower Elwha Klallam Tribe 243511 Hwy 101 W 1 1
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G. State of Washington Address initial future initial future
1. Children & Family Services (includes site below) 201 W 1st St 1 1
Community Services Office 201 W 1st St 1
2. Juvenile Rehabilitation (includes sites below) 228 W 1 st St, Suite V 1 1
Dept. of Community Corrections 228 W lstSt 1
Drivers Ucense Examining Office 228 W 1st St 1
Developmental Disabilities 228 W 1 st St, Suite F 1
3. Home & Community Services 235 W 1st St 1 1
4. Dept. of Revenue 734 E 1 st St, Suite B 1 1
5. Vocational Rehabilitation 1026 E 1 st St, Suite 2 1 1
6. Dept. of Revenue 1601 E Front St 1 1
7. Dept. of Labor and Industries 1605 E Front St 1 1
8. Dept. of Highway Maintenance 1707 5 C St 1 1
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H. U.S. Government Address initial future initial future
1. Social Security Admin. (includes site below) 138 W 1st St 1 1
Olympic Coast National Marine Sanctuary 138 W 1st St 1
2. Natural Resources Conservation Service 113 E 3rd St, Room 2B 1 1
3. Postal Service 424 E 1st St 1 1
4. Navy Recruiting Station 721 E 1st St 1 1
5. Air Force Recruiting (includes site below) 1520 5 Critchfield Rd 1 1
Civil Air Patrol 1520 SCritchfield Rd 1
6. Marines Recruiting Station 701 E Front St 1 1
3. Army Recruiting Station 703 E Front St 1 1
7. Environmental Health & Const. Engineering 1601 E Front St 1 1
8. Olympic National Park 600 E Park 1 1
9. Coast Guard (includes site below) 100 W Ediz Hook Rd 1 1
NUWES Electronic Systems Evaluation Facility 100 W Ediz Hook Rd 1
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I. Port Angeles Educational Address initial future initial future
1. Peninsula College 1502 Lauridsen Blvd 1 1
2. Hamilton School 1822 W 7th St 1 1
3. The Choice 924 W 9th St 1 1
4. Stevens Middle School 1139 W 14th St 1 1
5. Central Services 216 E4thSt 1 1
6. Children's Montessori School 708 E 8th St 1 1
7. Jefferson School 218 E 12th St 1 1
8. Library Processing Center 304 E Park Ave 1 1
9. P.A. High School 304 E Park Ave 1 1
10. Fairview School 166 Lake Farm Rd 1 1
11. Monroe School 102 Monroe Rd 1 1
12. Roosevelt Middle School 106 Monroe Rd 1 1
1 3. Bus Garage 639 Monroe Rd 1 1
14. Olympic Christian School 43 O'Brien Rd 1 1
15. Dry Creek School 25 Rife Rd 1 1
16. Franklin School 2505 S Washington St 1 1
17. North Olympic Library System 2210 S. PeabodySt 1 1
18. Queen of Angeles 1007 SOak St 1 1
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CATV drops Fiber Drops
I. Port Angeles Health Care Address initial future initial future
1. Hospice Of C1allam County 540 E 8th St 1 1
2. Olympic Medical Center 920 Caroline St 1 1
3. Olympic Medical Center 939 Carolina 1 1
4. Olympic Memorial Hospital 1005 Georgiana St 1 1
5. PCMH - Children's Center 1004 W 16th St 1 1
6. PCMH - Second Street House 138 W 2nd St 1 1
7. PCMH - Horizon Center 205 E 5th St 1 1
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EXHIBIT C
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SUBSCRIBER SERVICE STANDARDS
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I. STANDARDS
A. The Cable Operator shall provide subscribers a toll-free or local telephone number for
installation, service, and complaint calls.
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B. Telephone and Office Availability. The Cable Operator must have telephone lines, either
adequately staffed or with answering capability, providing at least emergency referral
information, which are operational twenty-four (24) hours a day, every day, including weekends
and holidays.
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1.
Under "Normal Operating Conditions" and when phones are staffed, subscriber calls to the
Cable Operator will be answered on average within thirty (30) seconds ninety percent
(90%) of the time measured on a quarterly basis; and subscribers will receive a busy signal
three percent (3 %) of the time or less. Failure to meet these standards, within a reasonable
time, after notice of failure to do so, shall subject Cable Operator to appropriate regulatory
action including liquidated damages as provided by the Franchise.
2.
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On weekdays, during "Normal Business Hours" the Cable Operator must have telephone
lines and its office(s) located within the City of Port Angeles, open and adequately staffed,
and able to respond to subscribers a minimum of forty-eight (48) hours a week, with a
minimum of eight (8) hours per day,on weekdays, in at least four ways:
a. To accept payments;
b. To exchange or accept return of Cable Operator provided equipment;
c. To schedule and conduct technical calls; and
d. To answer subscriber inquiries.
e. To respond to subscribers a minimum of forty-eight (48) hours a week, with a
minimum of eight (8) hours per day, on weekdays.
3.
On Saturdays, during Normal Business Hours the Cable Operator must have adequate staff
available: to accept equipment, such as Converters, at the option of the Cable Operator
either at its office or in the field, to schedule and perform emergency service or emergency
technician calls; must have the capability to accept payments (this may be done through
arrangements with unaffiliated retailers); and to answer subscriber inquiries which may be
answered by advising the caller when and to what number to call back during weekdays.
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II. HANDICAPPED ACCESS
The Cable Operator shall comply with all rules and regulations pertaining to the Americans with
Disabilities Act.
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III. EMPLOYEE IDENTIFICATION
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All personnel of the Cable Operator contacting subscribers or potential subscribers outside the office of
the Cable Operator must be clearly identified as associated with the Cable Operator.
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IV. INSTALLATIONS
A. Standard installation charges will apply to those installations which are within serviceable
addresses and consists of an aerial or underground drop of no more than 150 feet in length
running from the nearest feeder cable of the System to the terminal of the subscriber, utilizing
exposed wiring inside the subscriber's premises. Installations requiring materials or procedures
which exceed those minimum lengths, or in the case of any underground drop which involves
unforeseen or extraordinary conditions, could be subject to additional charges, as determined by
the Cable Operator, provided that such additional charges shall be fair, reasonable, and
nondiscriminatory, to the extent applicable law and regulations provide.
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B. All installations will be in accordance with FCC rules, including but not limited to, appropriate
grounding, adjustment of the television set in order to receive Service, and the provision of
required subscriber information and literature to instruct the subscriber in the utilization of the
Services.
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C. Under normal operating conditions, if the Cable Operator cannot perform standard basic
installations as defined above within seven (7) business days of request by a subscriber (provided
that the schedule or preferences of the person requesting installation have not been responsible
for the delay), the subscriber may request and is entitled to receive a free standard installation. If
the Cable Operator fails to provide this free standard installation and the subscriber made the
request within thirty (30) days of the installation request, the City may direct the Cable Operator
to issue a credit for the installation. Failure to comply with the City directive will subject Cable
Operator to appropriate regulatory actions. This section does not apply to the introduction of
new products and services when Cable Operator is utilizing a phased introduction.
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V. SERVICE INTERRUPTIONS AND OTHER SERVICE PROBLEMS
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A. The Cable Operator shall make repairs promptly, and interrupt Service only if necessary and for
the shortest period possible.
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B. The Cable Operator shall exercise its best efforts to limit any Significant Service Interruption for
the purpose of maintaining, repairing, or construction of the System. Except in an emergency or
other situation necessitating a more expedited or alternative notification procedure, the Cable
Operator may schedule a Significant Service Interruption only after affected subscribers have
been given reasonable prior notice of the proposed interruption.
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C. Technicians employed by the Cable Operator and capable of performing service-related
emergency repairs and maintenance must be available twenty-four (24) hours a day on a stand by
basis, including weekends and holidays.
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D. The Cable Operator shall maintain a summary of significant service interruptions and service
calls received by category. For the purposes of this Section, a "Significant Service Interruption in
the operation of the System "shall mean any outage a duration of at least four (4) continuous
hours between the hours of 6:00 a.m. to 10:00 p.m. and eight (8) continuous hours between the
hours of 10:00 p.m. and 6:00 a.m. to at least 200 of the subscribers in the area served by Cable
Operator. The City Manager, or his or her designee, and the Cable Operator shall agree to the
definitions used to classify service calls.
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1. Under normal operating conditions, the Cable Operator will begin repairing Service
Interruptions promptly and in no event later than twenty-four (24) hours after the
interruption becomes known (including weekends and holidays) unless the subscriber
requests an appointment later than 24 hours after the interruption.
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2.
Under normal operating conditions, the Cable Operator must begin actions to correct
Service problems other than Service Interruptions the next business day after notification
by a subscriber of the Service problem unless the subscriber requests an appointment at a
later date.
3.
Under normal operating conditions, service-related subscriber complaints within Grantee's
control, if possible, must be resolved within forty-eight (48) hours (provided thatthe
schedule or preferences of the person requesting service have not been responsible for the
delay) and in any event, resolution must occur within one (1) week. A complaint shall be
considered to be resolved when signals received by the subscriber have been brought into
compliance with applicable FCC standards. Those matters requiring additional
maintenance, repair, or technical adjustments that necessitate an excess of one (1) week to
reasonably complete, must be finally resolved, if technically feasible, within thirty (30) days
of the initial complaint if the complaint has been determined to be the fault of the Cable
Operator. The City Manager, or his or her designee, may require reasonable documentation
to be provided by the Cable Operator to substantiate the additional time to resolve a
complaint. The foregoing does not apply to minor service interruptions that occur on an
intermittent basis.
4.
Under normal operating conditions, upon request by the subscriber or City Manager, or his
or her designee, the Cable Operator shall provide a credit to subscriber when there is an
Outage of all channels for a period of twenty four (24) consecutive hours or more which
affects the discrete definable service area. The credit for such an Outage shall equal, at a
minimum, the value of one-thirtieth (1/30) of subscriber's current monthly bill, excluding
premium, pay-per-view and special events, for the first twenty-four (24) consecutive-hour
period and prorated for each additional 4-hour period or portion thereof that the Outage
continues.
5.
Under normal operating conditions, upon request by the subscriber or City Manager, or his
or her designee, the Cable Operator shall provide a credit to subscriber when there is an
Outage of any premium Service for a period of twenty-four (24) consecutive hours or more
which affects a discrete, definable service area. The credit shall equal, at a minimum, the
value of one thirtieth (1/30) of subscribers current monthly bill, for affected premium
services, for the first twenty-four (24) consecutive-hour period and prorated for each
additional (4) hour period or portion thereof that the Outage continues.
6.
Under normal operating conditions, upon request of the subscriber or City Manager, or his
or her designee, the Cable Operator shall provide a credit to the subscriber whenever an
Outage for a period of twenty four (24) consecutive hours or more has affected fewer than
all of the non-premium channels received by the affected subscriber as part of their Service.
The credit shall equal the value of one-thirtieth (1/30) of the prorated portion of the rate
per affected channel times the number of affected channels.
7.
The Cable Operator shall, upon request, provide information to the City Manager, or his or
her designee, regarding the amount of credits that were issued to subscribers for loss or
degradation of service.
8.
Repeated failure to provide the proper credit for Outages shall be grounds for regulatory
action including liquidated damages as provided by the Franchise.
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VI. INSTALLATION AND SERVICE APPOINTMENTS
A. The "appointment window" alternatives for installations and service calls that require subscriber
presence will be either a specific time or, at maximum, a four hour scheduled time block during
normal business hours. The schedule time block may be longer if the subscriber consents. (The
Cable Operator may schedule service calls and other installation activities outside of normal
business hours for the express convenience of the subscriber). This provision does not apply to
disconnects, service upgrades or downgrades which do not require access to the subscriber's
premises or to special request orders.
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B. Under normal operating conditions, if the Cable Operator does not arrive for installations or
service calls by appointment within the scheduled four-hour time frame agreed to by the
subscriber, the subscriber may request and is entitled to receive a $20.00 credit. If the Cable
Operator fails to provide such credit, and the subscriber made the request within thirty (30) days
of the missed appointment, the City may direct the Cable Operator to issue the credit. Failure to
comply with the City's directive will subject Cable Operator to appropriate regulatory action
including liquidated damages as provided by the Franchise.
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C. Under normal operating conditions, the Cable Operator may not cancel an appointment with a
subscriber after the close of business on the business day prior to the scheduled appointment
without the subscriber's consent.
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D. If the Cable Operator's representative is running late for an appointment with a subscriber and
will not be able to keep the appointment as scheduled, the Cable Operator will make a diligent
effort to contact the subscriber directly. If, however, the subscriber is unavailable at the time the
contact attempt is made, the Cable Operator will attempt a second contact at least one more time
during the previously agreed upon appointment window. The appointment will be rescheduled,
as necessary, at a time which is convenient to the subscriber. Contacting the subscriber will not
necessarily negate the requirement for a free standard installation.
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VII. NOTICES AND SUBSCRIBER COMMUNICATIONS
A. All required subscriber notices shall be submitted in advance to the City Manager, or his or her
designee for the City's information and comment. Such advance submittals, shall not imply that
prior approval of the City Manager is required and shall not relieve the Cable Operator of any
responsibility for errors in the Cable operator's subscriber notices.
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B. The Cable Operator shall send annually, written notice to all subscribers informing them that any
complaints or inquiries not satisfactorily handled by the Cable Operator may be referred to the
City Manager, or his or her designee. Such notification shall be either:
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2.
A separate document which may be included with a billing statement; or
Included on the portion of the monthly bill that is to be retained by the subscriber.
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C. The Cable Operator's telephone number for service and the telephone number for the City
Manager, or his or her designee, shall be contained in the notice. This notice shall also fully
describe the Cable Operator's telephone hours and, when applicable, the lobby hours and shall
include the telephone number(s) available to subscribers after the Cable Operator's normal
business hours through which subscribers can obtain, at a minimum, emergency referral
information. No promotional material may be included on the separate document or the portion
of the bill containing this notice. A draft of this notice shall be forwarded to the City Manager, or
his or her designee, for review and comment, after which the City Manager, or his or her
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designee, shall respond with comments within 3 business days. The annual notice may be
combined with the notice delineated in Section VII. B.
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D. The Cable Operator shall notify affected subscribers at least thirty (30) days in advance of any
pricing changes or additional charges (excluding temporary marketing and sales discounts or
offers) and/ or any changes in programming services (including the scrambling or descrambling
of channels - except the descrambling of a channel(s) for promotional purposes).
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E. The Cable Operator shall provide written information to subscribers on each of the following
areas at the time of installation of Service, at least annually to all affected subscribers, at any time
upon request, and for affected subscribers, at least ten (10) days prior to making significant
changes in the information required by this Section:
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1. Products and services offered;
2. Prices and options for programming services and conditions of subscription to
programming and other services and facilities, including available discounts offered;
3. Installation and maintenance policies including, when applicable, information regarding
the subscriber home wiring rights and information describing ownership or intemcl1 wiring
during the period Service is provided;
4. Instructions on how to use the Service;
5. Channel positions of programming offered on the System;
6. The address and telephone number of the Cable Operator's office to which complaints may
be reported; and
7. Billing and complaint procedures, including the name, address and telephone number of
the City Manager, or his or her designee;
8. The availability of a parental control device;
9. The Cable Operator's practices and procedures for protecting against invasions of privacy;
10. When applicable, the Cable Operator's Community Unit Identifier, as specified by the FCC.
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F. In all subscriber communications, the Cable Operator shall be as clear and precise as possible.
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G. Notices of changes of programming services and/ or channel locations shall include a concise
description of the new programming service and the specific dial location, of that programming
service. In addition, should the dial location, be affected by the introduction of a new service,
such information must also be included in the notice.
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H. In order that subscribers are fully apprised of the charges they may incur, Cable Operators will
generally be required to note if advertised rates are subject to additional taxes and fees.
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I. In order that subscribers are fully apprised of the charges they may incur, telephone
communications with subscribers that quote rates, fees, and/ or other charges shall inform
subscribers that the rates, fees, and/ or charges are subject to additional taxes and fees.
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J. Every notice of termination of Service shall include all of the following information:
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3.
4.
The name and address of the subscriber whose account is delinquent;
Current account balance;
The date by which payment is required in order to avoid termination of Service; and
The telephone number of a representative of the Cable Operator who can provide
additional information and handle complaints or initiate an investigation concerning the
Service and charges in question.
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VIII. BILLS
A. Bills must be itemized, in accordance with service or services purchased by subscribers and
related equipment charges as provided by law and regulations. If, on bills, a Cable Operator
chooses to itemize as a separate line item franchise fees and/ or other governmentally imposed
taxes and/ or fees attributable to the total bill, such taxes and/ or fees must be shown in
accordance with any applicable law concerning the Cable Operator's ability to itemize such taxes
and/ or fees.
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B. Every residential subscriber sending payment directly to the Cable Operator shall have at least
ten (ten) business days from the postmarked date of the initial bill for the delinquent amount for
Services to pay the listed charges prior to disconnect for non-payment.
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C. A specific due date shall be indicated on every subscriber bill. This provision applies only to
active accounts not those accounts pending disconnect.
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D. Any subscriber who, in good faith, disputes all or part of any bill has the option of withholding
the disputed amount without disconnection until Cable Operator has investigated the dispute
and has made a determination that the amount is owed provided that:
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1. The subscriber pays all undisputed charges;
2. The subscriber provides written notification of the dispute to the Cable Operator in a
timely manner and includes identifying information; and
3. The subscriber cooperates in determining the appropriateness of the charges in dispute.
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E. Subscriber bills from Cable Operator shall include the name, address and telephone number of
the City Manager, or his or her designee. The City Manager, or his or her designee, will provide
the required information to Cable Operator on an annual basis by January 1, or as needed.
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F. The Cable Operator shall forward, on a monthly basis, a sample bill and billing inserts for the
current billing period to the City Manager, or his or her designee.
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G. The Cable Operator shall forward all regulatory billing inserts and copies of all other mailings
required by governmental authorities to subscribers to the City Manager, or his or her designee,
prior to or at the same time that they are provided to subscribers. (Copies of notices to
subscribers must be forwarded to the City Manager, or his or her designee, pursuant to the
applicable sections of these Subscriber Service Standards.)
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H. To the degree that it is economically feasible, the Cable Operator shall permit and allow payment
by direct electronic transfer, automatic bank drafts and automatic credit card charges.
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A. The Cable Operator shall not terminate residential Service for nonpayment of a delinquent
account unless the Cable Operator provides initial notice of the delinquency and impending
termination at least ten (10) days prior to the proposed termination. The notice shall be mailed,
postage prepaid, to the subscriber to whom the Service is billed. This notice shall not be sent prior
to the twenty-eighth (28th) day after the initial bill for Services was mailed to the subscriber. The
notice of delinquency and impending termination may be part of a billing statement. This section
does not apply to subscribers disconnected due to NSF checks.
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IX. DISCONNECTION/DENIAL OF SERVICE
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B. The Cable Operator shall only terminate Service on days when subscriber can reach a
representative of the Cable Operator either in person or by telephone. Service terminated without
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good cause must be restored without charge for the Service restoration. Good cause includes, but
is not limited to, signal leakage, failure to pay, payment by check for which there are insufficient
funds, theft of Service, abuse of equipment or System personnel or other similar subscriber
actions.
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C. Subject to provisions of the franchise agreement, the Cable Operator shall furnish and maintain
Services to each person, in the Service Area, who qualifies for service, who makes a request to
receive any programming service, and has paid required charges. Nothing in these Standards
shall limit the right of the Cable Operator to deny Service to any household or individual which
has a negative credit or service history with the Cable Operator, which may include non-payment
of bills or theft or damage to the Cable Operator's equipment, or who has threatened or assaulted
employees of the Cable Operator in the course of their employment. Provided that in the event
Service is denied, the Cable Operator will give notice to the subscriber of the right to contact the
appropriate regulatory authority, providing name, address, and phone number as directed by the
City Manager, or his or her designee.
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X. DEPOSITS, REFUNDS, AND CREDITS
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A. The Cable Operator may require refundable deposits for service or equipment. Upon termination
of Service for any reason, subscribers will be entitled to receive a refund or credit against
amounts owed by the Cable Operator equal to the deposit.
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B. On all deposits, Cable Operator shall be required to pay simple interest at a rate of one-half
percent (1/2%) per month (6% per year). Such interest shall be accrued and payable upon
termination of Service. Upon termination of Service for any reason, subscribers will be entitled to
receive a refund or credit against amounts owed the Cable Operator equal to the deposit plus
accumulated interest. The rate may be modified to reflect prevailing market rates upon approval
by the City, which shall not be unreasonably withheld. Such interest shall be accrued on deposits
charged to subscribers after October 18, 2001. Cable Operator will not be required to pay simple
interest on deposits received prior to such date.
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C. Refund checks will be issued promptly following the resolution of the event giving rise to the
refund within sixty (60) days. In addition to a refund, if the Cable Operator fails to mail a check
for a refund to any subscriber disconnecting Service with an outstanding credit of $3.00 or more
within sixty (60) days of the date Service is ended, and the subscriber has returned all Cable
Operator owned equipment, the subscriber is entitled to receive a $11.00 penalty payment, in
addition to the total refund due. Failure to comply with the $11.00 penalty provision shall be
grounds for appropriate Enforcement Action. Refunds will be provided to subscribers with
outstanding credits of less than $3.00 upon request.
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D. Credits for Service will be issued no later than the subscribers next billing cycle following the
determination that a credit is warranted.
XI. RATES, FEES, AND CHARGES
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A. The Cable Operator shall not, except to the extent permitted by law, impose any fee or charge on
any subscriber for service calls to said subscriber's premises to perform any repair or
maintenance work related to Cable Operator installed equipment necessary to receive Service,
except any such work which was necessitated by a negligent or wrongful act of said subscriber.
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B. Where the actions of the Cable Operator, its agent(s) or subcontractor(s) can be shown upon a
reasonable demonstration of evidence to have contributed to the theft, loss or damage of a
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converter or other equipment lawfully used by a subscriber, the subscriber's liability with respect
to said converter or other equipment shall be reduced to the extent of such contributing actions.
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C. All charges for residential Services must be applied on a nondiscriminatory basis as provided by
law, allowing however, for reasonable discounts to qualifying subscribers and that the Cable
Operator may conduct promotional campaigns in which rates are discounted or waived, and may
offer commercial rates or bulk rate discounts for multiple dwelling units, hotels, motels and
similar institutions.
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D. The Cable Operator shall not assess late fees until at least 30 days after the initial bill for services
has been mailed.
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E. The Cable Operator shall be entitled to recover all lawful fees for checks returned due to
non-sufficient funds.
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XII. PRIVACY PROTECTIONS
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The Cable Operator shall comply fully with all applicable State and federal laws relating to the protection
of subscriber privacy. The Cable Operator shall not disclose the telephone number of any subscriber for
any purpose that is not directly related to the provision of services offered by Cable Operator. The Cable
Operator shall not require more personally identifiable information than is necessary to confirm the
identity of a subscriber and any past due amounts owed the Cable Operator. The type of information
considered to be necessary, may vary depending on the individual subscriber. The Cable Operator may
deny service if a subscriber fails to produce any verifiable personally identifiable information after being
requested to do so.
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XIII. ENFORCEMENT
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The City may seek all rights and remedies under the franchise and/ or injunctive relief or any other
judicial remedy available pursuant to state or federal law in order to enforce compliance with these
standards.
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XIV. RIGHTS RESERVED BY THE CITY
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The City reserves the right to establish additional, reasonable subscriber service standards from time to
time, as may be necessary, after making a finding of need and after notice and opportunity to be heard
from the Cable Operator. The City reserves the right to regulate rates for video or Cable Service to the
fullest extent permitted by law.
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EXHIBIT D
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SUBSCRIBER SERVICE REPORTING REQUIREMENTS
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All reports shall be provided for the Port Angeles Franchise Area where the capability exists. Otherwise,
system-wide reports are acceptable and shall be deemed to reflect Port Angeles Franchise Area numbers
based on the Allocation Percentage (the number of Franchise Area subscribers divided by the total system
subscribers) .
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REPORTS
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1.1 During the first two years of the Basic Term, Grantee shall provide bi-annual reports.
Thereafter, annual reports shall be due within (30) thirty business days of the close of each
report period, unless otherwise agreed upon by the City Manager or Designee and the Grantee.
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1.2 The Grantee shall provide reports to the City Manager or Designee containing a monthly
summary of service calls and other complaints by category, which shall be agreed to by the City
Manager or Designee. (Re: Section V in Subscriber Service Standards).
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1.3 The summary shall include the following:
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A. Number of subscribers in each service tier and cable modem service.
B. Report total number of service calls by category that were resolved within:
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3.
48 hours
7 calendar days
more than 30 calendar days
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C. Number of subscribers receiving discount, including copies of any applications denied
during the reporting period.
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D. A comprehensive list of subscriber addresses, sorted by street name then street number
within the franchise area.
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1.4 The reports must contain a monthly summary including but not limited to the following
information:
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A.
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Telephone Report shall contain information relevant to the question of whether its
telephone answering system continues to conform to Section loB of Exhibit A to the
extent such reports are reasonably available from the phone system.
1.
2.
3.
5.
6.
7.
8.
9.
Total number of calls received for the total system.
Total number of calls abandoned for the total system.
Total percentage of calls abandoned.
Average time on hold before abandoned.
Average speed of calls answered.
Percentage of calls answered within thirty (30) seconds (FCC standards).
Percentage of calls receiving a busy signal.
A description of significant events impacting the response times.
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In addition to the above, the Report shall include a graph(s), which depicts the first seven
(7) items above. FCC standards shall be used as benchmark.
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If the City Manager or Designee determines, based on complaints or any other evidence,
that the Grantee's telephone service does not meet the standards set forth in Subscriber Service
Standards, or any variations in those standards previously agreed to by the City Manager or
Designee, then the City Manager or Designee has the authority to order the Grantee to take
appropriate action to meet such standards. Failure of the City Manager or Designee to issue
such order, however, shall not constitute a waiver of the City's rights with respect to any failure
by the Grantee to comply with its obligations pursuant to this Exhibit or this Agreement.
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B.
Number of $11.00 penalty payments given to subscribers for failure to refund
outstanding credits greater than $3.00 within 60 days of the date Service is ended.
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Number of $20 credits that were issued for failure to arrive for installations or service
calls by appointment within four-hour scheduled timeframe
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Significant Service Interruptions report which shall track information on a monthly basis
to include:
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2.
3.
Total number of significant service interruptions
Time of the significant service interruptions
Total hours that the system is out-of-service as related to planned maintenance or
channel line-up changes performed by Grantee
Submit reports in graphs as well for comparative analysis
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5.
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E. Subscriber chum report for Port Angeles system. The City shall maintain confidentiality
of this information.
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F. Grantee shall maintain results of any technical testing on the system. The City may
request to review this report at Grantee's office.
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G. A historical summary of the information submitted to the City in prior reports.
H. Affirmative action.
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Appendix H.20 _ Informal Proposal for the Cable Franchise Renewal page 99
EXHIBIT E
PUBLIC UTILITY TAX ORDINANCE AMENDMENT
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, levying a
cable television business public utility tax and amending Ordinance
and Chapter 5.80 of the Port Angeles Municipal Code~
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Ordinance as amended and Chapter 5.80 of the Port Angeles Municipal Code are
hereby amended by P AMC 5.80.040 to read as follows:
5.80.040 Tax.Levied - Telegraph Business, Cable Television Business and Public Utilities.
A. From and after January 1, 1982, there is levied upon, and there shall be collected from,
every person, firm or corporation engaged in carrying on telegraph business for hire or sale within or
partly within the corporate limits of the City a tax for the privilege of so doing business. Such tax shall be
levied at the rate of three percent of the total gross operating revenues of such business derived within
the City.
B. From and after February 16, 1991, there is levied upon, and there shall be collected from,
every person, firm, corporation or public utility district engaged in the distribution and sale of electricity
within or partly within the corporate limits of the City a tax for the privilege of so doing business. Such
tax shall be levied at the rate of six percent of the total operating revenues of such business derived
within the City, excluding revenues derived from the sale of electricity for resale.
C. From and after February 16, 1991, there is levied upon, and there shall be collected from,
the City's electric utility, a tax at the rate of six percent of the total operation revenues of such utilities,
excluding revenues derived from the sale of electricity for resale. (Ord. 2726 91, 1/1/93, Ord. 2621 91,
2/16/91; Ord. 2215 91, 6/14/82; Ord. 220191,3/1/82; Ord. 2183 94, 1/1/82.)
D. From and after January 1, 1997, there is levied upon and there shall be collected from, the
City's solid waste utility and water/wastewater utility, a tax at the rate of eight percent of the total
operation revenues of such utilities. (Ord. 2941, 12/27/96; Ord. 2726 91, 1/1/93)
E. From and after October 18, 2001, there is levied upon, and there shall be collected from,
every person, firm, corporation engaged in carrying on cable television business for hire or sale within or
partlv within the corporate limits of the City a tax~~rt~:p~;i~eg:~f ~~.~~~g~usiness. Such tax shall be
"".':' ",~",:,-_,_,""",,_"',:''':''''':'_'',_, .",:<,,,,'/r,,:"'"_':.",'~''':' _ . ",',....'-..- ''''':'''.;_., ""_' ,- ",: ", , 1
levied at the rate of six percent of gross revenues l@~fulyjFranchiSefeespayabIe, as defined in ordinance
no. XX)
Metropolitan Communications Consultants
8/31/01
Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 100
EXHIBIT F -- NORTHLAND FIBER UPGRADE PLAN AND NODE SERVICE AREAS
,
750 h,p. / ~ 6. ;J.9 mi
~ i""-"\J~ 584 h.p. \6,8-10,14. 48.4 Fiber miles I Stage 2
r--, --+-~~~~ n \ fI 3,746 homes passed I Node Service Area
, ~~ \ "i:Ei~ ;.3 15'7'11-13. 40.4 Fiber miles I Existing
I L:.....~ -. ~~ ~. ~I~. 3,820 homes passed I Node Service Area
/ l~ )' .~< cz-..:, ~"" ..' .::"'\.
\ " '/..::.111 '-....itJ1--- "'" ,.:i.......~ I'//~ ~ "..... t
\ (/ ,":I::: ^".,l~r:"-,<:-:l.6Y"~~,~ ~ -., ~.~, ' ~r:ns"'- ~
'_ ~........ .....,&jJ:"'I.I' ~ l-,I t-- ~ 0 ..,. P:r. gyte , _
~-... " rrr-~ _ . rx ."'r ~ ;.</.., .--~P' -y-:.'
~ :u 4 ~~ ~y~~~ ~~~,. ~ 3 ~!1-'~?~. . ~-T ~ \ 1fI' ~,
r;;... t:'--~~ JSl 7 ~~7.JS1 {::i ~__ .. y ':Jl:< ~ \i&~~ h np'_r=-::r-' s ,::l ~ I ...J II' j B ~
~ '-" _ (~ t',/I.l.l-;p'~, ~ ~ -- ~ -- ,
- I- _ r-r-r, ~i.4 ~9"-: ~ 1"0l1: h. ~.- \ )..., 1
~ r= X" I. l:l.1i -'=-'."'J<..... 'N: '" ~.... I'..L_~ ~_f-' ~
~50~P'---,- -v1 I - ~ ~ ~. ~ ~ ~. k-7~ r 11 ':\ ~13 '\ 'I r~,,,T ~
1. 7. 9.4mil 7J: t, +- _ ~ ~_" . IT ers \. .-~. ).-
I 919h.p. '" 1"'- ~ ~1 ~: - ~ r1/ ~:1_ p; 13. 9.6mi. <
r'" L L ..,.... / ~ J I I I'Qst 0 750 h. . I
r--....-.. L LL r5'6~'18;~. '.i.') \1 (~\.M ~ !- / 1\~~h~~.l ~ I ,.p, '.
11111//ff It:-. ~\ l.;Y-'9 ~.... --
'~ \ (' r 'f' --1,- '- '.' 7~ CD Upgrade Fiber and Node
.:; J ) \ --<~ .... 9. 13.4 mi,r : 12. 6.1 mi
" 750 h . @1ZExistingFiberandNode
,," (, ..J l .p.: 750 h.p.
"""" , .. If 1. \(J--; -~;.-
\\ \,\/1<,,,/ .. ft
" .::..~ /1/".,
-
Stage 1
Node Service Area
~
Node Service Area
Boundary
Metropolitan Communications Consultants
8/31/01
-------------------
- ,
Thie Port Angeles
Telec,ommunications Nie'twork
Northl,alnd CATV Franchise Renewal
Septemiber 18, 2001
.
Formal Franchise Renewal Prl,oc,ess
Cable Operator
Renewal Request
Staae 2
Proposal
Negotiations
Staae 1
Public Proceeding
Acceptable
Financial,
Legal, Technical
Ability
&
Needs and Interests
Reasonably Met?
Past Performance
Future Needs
and Interests
~
Future Needs &
Interests Report
Public Notice
Franchise Adoption
Substantial
Franchise
Compliance
&
Acceptable Service
Quality
JP'$
Iff 0
Request
Informal/Formal
Proposal
'~"<ml'~
."
Staae 3
Administrative
Proceeding
Preliminary
Assessment to Deny
Franchise Renewal
ormal Franchise Renewal PrOCeSi$
Tonight's ~ndatJcns
Accept Report ~
Requeal~1 ~
Request
Informal/Formal
Proposal
t'1'S1>1l1>Ji'l1lNI'4!'lfl'iEE<mOO
1-
Staae 2
Proposal
Negotiations
Acceptable
Financial,
Legal, Technical
Ability
&
Needs and Interests
Reasonably Met?
~
Public Notice
Franchise Adoption
Staae 3
Administrative
Proceeding
Preliminary
Assessment to Deny
Franchise Renewal
Basis for Grant or Denial
of Franchise Renewal
I~~';'-~-<' _:,~,:,_~,.~- ~~;';:~'~--I'.~7=:~;'?:':"-~,"",:",~-~"',~~~~7 ~ ~. ~ "L~ ,,-:--;-;---::-, ;-~~:,!,~,'~~i.i;Y2~,..::"'~_:,.',L~L.::",~_~::::~7;;i:,_~~:~~,::j ,,,,,"~;-:~"';!~;~.:_;;- ;;,____~,;; ;-~:;;",-:o;,., ~ "W~"':"'-'-' . ;;';'~n"'~:~!
Stage 1
· Substantial complianc,e
vvith exist,ing franchise
· QUiality of service
has been r!easonable
Findi,ng
Yes
No
Basis for Girant or Denial
of Franchise Renewal
-~~::!~:,~'~~;:~~~:-..:.::-. -<'0... ;"~~~~_.Y<<'; :;.::--...#i ---...,.-,~':'-':n__"~_'_-......:t... '''";~_'''-' -~_~, ~-..... ..;; ~k~~~;:;'-:;''''--''<'tl.o.i~:::1.t.::~~ ;;;__:;~...,
Stage 2
· Able to deliver
perl renewal pro!posal
I. Proposal reasonably meets
fu'ture needs. intere,s'ts, taking
into account the cost
Finding
f'uture
future
Cable Related
Subscriber' Needs and Interests
~ J~:-:~";":"". .~~ """"'.n-"';';'''''.~ ;......z .'~~~~~:.::~ :1:;';'c_ :;-" __" ",'C ~;;._~..~..;;,___ ~- ;;;-;';<;;'~";~;~~~~""";'_-:""~~~'''':'--~~'-'>~Y''t~~:.;:'~~~~ _ ~ J
Subscriber service standards(sss)
and renewal draft
sss See VII
555 S,ec V,II,I-X
Draft: See 5
555 See IV-VI
,Draft See 6
sss See XI
· Information It notices
· Billing issues
· Service qlulality . reliability
· I:nstallat:ion" repair
· Progiramlmin,g
· Monthly rates
Cable Related
~ommuni'ty Needs and Interests
c=-- ~ _~ .~ _ _ _ .~______
~--:J
renewal draft
See'
See 6
See 6
SeeS
SeeS
See 6
· GOY I educational progr,ams
· Local programs
· M,ore catv, music channels
· Cable Internet
· Emergency message,s
· Catv to commun'ity facilities
Tellecom,munica,tions Rela,ted
Community INe,eds and Interests
L-
-<<~_._~-.---J
r,elnewal d,ra,ft:
· Broadband connectivity
~. Fiber'to requesting business
t/ Cable modem service (homes)
t/ ,I-N,et (public institutions)
~'IBi-,dir,ectional access 'to
su'bscriber network (C,ity utility)
S,ecS
See 15.1,
See 5.,3 .
See'S
,See 8.1
T'elecommunicatio,nls Relat,ed
Community Need,s and Interests
c~~.________.______..__________. ._._.___. .__~_~~~~_____+_~~_~~~~_~~.~.~~~.~~~"'_o__~_.=:..=,~_=:~.~__~~_,._===_-==-=-=--==-------------...------ - - ----- -,------------- t
r'enelNal dra'ft
· Competit.ion
More options, better service, lower prices
E:nha,nce economic: d:evelopment, education
~City-widle deployment See 5.1.1
,/Open, alccess See 5.1.2
./ Min 916 ,stlraind backbone See 5.4.2
,/ 'Technical upgrade procedure ,See ,5.1
Northland Upgrade Schedule
~~
· Up,girade, d,e,sign,
· Sta.ge 1 Node 1,-4.
· ,Stage 2 Nod,e 5-14
· Open, access
· Northland
schedule
..:_~______~__... I
Neairin,gcompletio"n'l
sub,stantially similar to
City',s preliminary design
Constru,cti,on ,completion
by February 2002,
Construction co,mpletion
by 2ind Q,uarter 2002
,Northland! istest.i,ng
Rebuild on a 'fast track,
wa,nt franchise renewal
immed,iately
Nortihiland Franchise Renewal Team
'----~._. --- . -- _ _ -. -- ---
.1 Pete Grigorieff' PA General Manager
I. Mi:chael Roberge West O:perat'ions Ma,n,ager
· Richardl J,. Dyste VP Technical Services
fLty NeQ~tiations Team
.i Scott McLain, Larry Dunbar
· Richard Li, Cla:renc,e W,e,st (as needed)
'-'---::J
Man,agelTlent Ove,r,sigh,t Team,.. .. __
~-Mike Q,uirin, Craig- Kriu,tson, Glenn Cutler
Yvonne Ziom,kowski, Becky Upton,
Tany,a 'O'Neill, Scott McLain, Tim Sm,ithl
;;)
Ba,sic Terml Opt'ion - Key Features
c-===- ___ - ~.,...?__.^'_.__~_ _ ' __....
· Regulation of bas'ic tier rates
· '750 MH,z sy;stem, min. '70 channels
· Subscriber service einhancements81. standards
· Violations/iLiquidated damages
-Reporting. requirements
I. 13 a,c,cess c,han,nels aind resources
I. Catv 8t caible modems for ,commiunityfacillities
I. Em,ergency ,allert, ,system
· T'erm 4 Years
· Fr,a,nclhise 'fee SOlo
· Plublic utility tax 60/0
Exten,d,ed 'Ter'm O,ption - IKey Fea,ture,s,
r--~ .--. __-~~_ ......-----:-__"-.~~-~~~-~ .. .....~__ ~ _ _______~__~ '--'
· 'T,erm 6 Year's (1,0 'Total)
· Add 5 Years (15 'Total)
'if City requires 'further technical upgr'ade
during extended term
· Broadband, ope,n acc,e,ss, fiber networ,k
· Cable m,odem ,service
I. Fiber to requestingb,usinesses
· ,Institu'tional network for City It pu,blic users
· Bi-directionalsu'bscriber ,c,onnectivity
.
Negoti,at.i,ons ISche,dul,e
c=::~-" "__~_, ,,-' "__~.'_'_"'_"_~_" '--,
1.18/2'1/01, informal dr'aft to Northland
· 8/,31/01 Needs It i,n,terests report ,and draft
franchise delivered to Northlan,d
., Late, Sept ,2001
-October 2001
Negotiatio,ns
Conclude and approve
franc!hise
-North'laind letter confi,rmsintent: and
request:spostpon!ement of City Pilot Plroject
until negot'iationsconcluded
. .
1-
IToln:light's Reque.st
~ - ..-
I. R,ec,omme,nd, 8,ccepta,n,ce ,o,f the Ne,eds and
Inlterlest's Report:
.1 Recommenldl fOlrmal proposall is requested,
L ...: _
I
What'ls N,ext?
c- ._ _~__.~~____u _ .~ _uji
· S'tage 2 (Plroposal Negotiations)
.1 Basis fori Grantor Denial of Franchise
Renewal
11. Ability to deliver futu,re renew,al prolposa,I,?
2. P'roposal reasonably meets future needs
1St interests, talking i:nto' ,account the cost'?'
.
.
.
~'. ......;.. T .... '.. ,'"' v'.i....'...
.J':,.:... ::-r~:, :;;.. ':- ',' .,".It,.",,> '
"<--,' - .. ',-' .' ,-'., .--.' ......., -'." '. .
.......~.:..",.,.: .' ..../._."",...,'.
~; ..
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
September 18,2001
MAYOR DOYLE AND CITY COUNCIL~'
)
Glenn A. Cutler, Director of Public Works and tiliti~
To:
FROM:
SUBJECT:
Cable Television and Teleconimunications Needs and Interests Report
Summary: Acceptance of the Cable Television and Telecommunications Needs and Interests
Report will conclude the public proceeding phase of the formal cable television renewal process.
The report is based on considerable input received from a public involvement/information
program. The next step of the cable television renewal process is to request the cable operator to
prepare and submit a formal proposal that reasonably reflects the Community's future cable-
related needs and interests taking into consideration the cost to meet those needs.
Recommendation: That City Council accept the Cable Television and Telecommunications
Needs and Interests Report, and authorize staff to request a formal proposal from the cable
operator to reasonably meet future cable-related needs and interests as identified in the
attached report.
Background/Analysis: On December 15, 1987, City Council approved a fifteen-year non-
exclusive cable television franchise that will expire on September 30, 2003. On October 3,2000,
the cable operator requested its franchise be renewed in accordance with the formal procedures
of the Cable Communications Policy Act (Act). On October 17, 2000, the City Council
approved a professional services agreement with Metropolitan Communications Consultants
(MCC) that included a cable television and telecommunications public proceeding and
development of a draft cable television franchise for renewal negotiations. On February 20,
2001, Council was advised that the public proceeding must commence by April 1, 2001 in order
to preserve the City's authority under the Act.
On May 22, 2001, the City Council approved professional services agreements with MCC and
the law firm of Dow, Cogburn and Friedman, which has since then been acquired by the law firm
of Winstead, Sechrest & Minick, for technical and legal services during the cable television
franchise renewal negotiations. On July 26,2001, the cable operator requested the City expedite
the renewal of its franchise prior to completion of an upgrade of their cable television network,
which is anticipated by the 2nd quarter of 2002. At a special joint meeting of the Utility Advisory
Committee, Port Angeles Works! Committee, and Government and Educational Access
Advisory Committee on September 10, 2001, the City Council recommendation stated above
was endorsed.
47
September 18, 2001
City Council Memo
RE: Cable Television and Telecommunications Needs and Interests Report
Page 2
.
Cable television needs and interests
The cable television findings and recommendations are included in section A of the attached
Cable Television and Telecommunications Needs and Interests Report. A summary of the future
cable-related community needs and interests recommendations is included as Attachment A.
The draft cable television franchise (Section H of the attached report) was prepared by
Metropolitan Communications Consultants and was reviewed by the law firm of Winstead,
Sechrest & Minick. The Cable Television and Telecommunications Needs and Interests Report
has been shared with the Cable Operator.
A formal three-step process is used to renew a franchise in accordance with the 1984 Cable
Communications Act (see Attachment B). The Act allows for informal and formal renewal
procedures. Informal negotiations will continue during the formal submittal of a proposal. The
formal procedures are being followed to maintain the City's authority granted by the Act. The
first-step of the formal process was a public proceeding to assess the cable operator's
performance and compliance with the current franchise and determine the future cable-related
needs and interests of the community.
Telecommunications needs and interests
.
The findings and recommendations from a business survey and a needs and solutions workshop
conducted earlier this year are summarized in section D of the Cable Television and
Telecommunications Needs and Interests Report. The data collected under this effort were used
as part of the City's telecommunications business planning analyses.
The Cable Television and Telecommunications Needs and Interests Report (excluding the
appendices) was available on the City's internet telecommunications portal for
telecommunications service providers on September 5, 2001. Telecommunications service
providers will be formally invited to submit proposals to the City later this year under the
City/Telephone Partnership, and City/Cable/Telephone consortium. The data and information
provided in this report will be important to service providers that consider responding,
individually or as a consortium, to the City's forthcoming request for proposal.
N:IPWKS\LIGHT\POWMlBUSINESSPLANREPORT17.00c
.
48
.
.
.
Attachment A
Summary of future cable related c~iDmunity n~~dsand interests recommendations
Subscriber Based on subscriber needs and interests, reserving the right to regulate rates,
Needs and even though the City has only limited rate regulation authority, is recommended.
Interests The minimum analog channel capacity should be at least 70 activated channels.
The City should establish minimum system reliability and performance standards
and minimum programming requirements for local, regional and national news
and sports. Subscriber shall be notified in advance of channel lineup changes
and should be periodically surveyed on programming needs and interests.
Standards should also be set for obscenity, parental control devices, and closed
caption signals.
Subscriber The proposed subscriber service standards are based on Federal Communications
Service Commission standards. The recommended standards address installations,
Standards service interruptions and other service problems, appointments, notices and
subscriber communications, disconnection of service, deposits/refunds/credits,
rates/fees/charges, and privacy protections.
Franchise To provide motivation for the cable operator to comply with the terms of the
Violations franchise, liquidated damages should be paid to the City for Franchise violations.
Reporting It is recommended that the cable operator establish a public relations program
Requirements and increase the frequency of City reporting. Performance comparisons to
Federal Communications Commission benchmarks shall be included.
Access The franchise should require up to three access channels. The University of
Channels Washington conveyed its interest to the City in making UWTV available in Port
Angeles. The cable operator should provide the City funds for an adequate
educational and government access channel system.
Community An activated cable television drop and cable modem service should be provided,
Needs and at no cost, to all primary and secondary schools, institutions of higher education,
Interests and governmental sites. An emergency alert system should also be provided.
Term A mInImUm non-renewable and non-exclusive term of four years IS
recommended if there is no new capital investment in cable plant upgrade by the
cable operator, specifically including the broadband network, cable modem
service, and institutional services. A six-year extension is recommended subject
to completion and City acceptance of the upgrade within nine months after the
effective date of the initial four-year term of the renewed franchise. A five-year
extension beyond the six-year extended term is also possible for any additional
City required upgrade. The maximum term recommended is fifteen years.
Franchise Continuation of the 5% franchise fee is recommended. The franchise fee will be
Fee allowed to be credited against any public utility tax.
Utility Tax The City does not currently collect a public utility tax on cable television
servIces. A 6.0% public utility tax is recommended if there is no new capital
investment in the cable plant upgrade by the cable operator.
Institutional The franchise should require the cable operator to provide an institutional
Network network capable of bi-directional voice, data, and video between all connected
sites designated by the City.
Franchise The City should designate and assign staff, support and funding for cable
Management television franchise .Jillanagement. Franchise management duties would be to
monitor and oversee fulfillment by the cable operator of its obligations under the
franchise. At')
--.- ,
Attachment B
Formal franchise renewal process
Cable Operator Staae 2 Staae 3
Renewal Request ._--. Proposal Administrative
Negotiations Proceeding
~ t +
Staae 1 no
Public Proceeding Preliminary
Acceptable Financial, ..... Assessment to Deny
Past Performance Legal, Technical Ability Franchise Renewal
& -
Future Needs Needs and Interests ~
and Interests Reasonably Met?
'4 yes
,
--
Future Needs & Public Notice
Interests Report Franchise Adoption
Substantial Franchise
Compliance
& no
Acceptable Service
Quality
yes
Request
Informal/Formal U. ___
Proposal
C:\SNAPlSNAP.TREE40.SG
50
.
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Cable Television and Telecommunications
Needs and Interests Report
August 31, 2001
Prepared for
.
The City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, W A 98362-0217
-
-
---
-
-
--
---
-
~
METROPOLITAN
COMMUNICATIONS
CONSULTANTS
Seattle: 5847 McKinley PI. N., Seattle, Washington 98103
Tel: 206.522.6778 Fax: 206.522.6777
Tacoma: 1201 Pacific Avenue, Suite 1702, Tacoma, Washington 98402
Tel: 253.272.1636 Fax: 253.272.1482 www.mCCO.com
.
51
ti
THE CITY OF PORT ANGELES
321 East Fifth Street, Port Angeles, W A 98362-0217
CITY COUNCIL
Larry Doyle, Mayor
Cathleen McKeown, Deputy Mayor
Orville Campbell
Lauren Erickson
Jim Hulett
Glenn Wiggins
Larry Williams
Michael Quinn, City Manager
ProjectConsuftan~ ,
Metropolitan Communications Consultants, LLC
Seattle and Tacoma, Washington
Metropolitan Communications Consultants
52
8/31/01
.
.
.
.
.
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~~
.~
L. IIIIC::::..JI
~
CABLE TELEVISION AND TELECOMMUNICATIONS
NEEDS AND INTERESTS REPORT
August 31, 2001
TABLE OF CONTENTS
CABLE TELEVISION RELATED NEEDS AND INTERESTS
A. Findings and Recommendations
1. Introduction and Background
2. Cable Television Related Findings
3. Cable Television Related Recommendations
B. Past Performance
4. Compliance with Franchise Required Provisions
Exhibit 1: Operator Compliance with
Franchise Required Provisions
C. Needs and Interests
5. Compliance with Subscriber Current Needs and Interests
Exhibit 2: Compliance with Subscriber
Current Needs and Interests
6. Subscriber Future Needs and Interests
Exhibit 3: Subscriber Future Needs and Interests
TELECOMMUNICATIONS RELATED NEEDS AND INTERESTS
D. Findings and Recommendations
7. Introduction and Background
8. Telecommunications Related Findings
9. Telecommunications Related Recommendations
E. Needs and Interests
10. Current Services and Future Subscriber Needs
Exhibit 4: Voice, Video, Wireless Communications
Exhibit 5: Data Communications, Internet Access,
LAN/WAN Computer Networks
Exhibit 6: Respondents' Resources and Opinions
page
11
11 - 12
12
1
1
4
7-8
9
10
13
14
15
53
8/31/01
Metropolitan Communications Consultants
@
11- -=::::3
.~
APPENDICES TO
CABLE TELEVISION AND TELECOMMUNICATIONS
NEEDS AND INTERESTS REPORT
August 31, 2001
.
APPENDICES page
F. Cable Television Related Appendices
11. CATV Sample Survey Forms 1-3
12. CATV Exhibit 2 Charts: Subscriber Current
Needs and Interests Charts (7 of 7) 4 -10
13. CATV Exhibit 3 Charts: Subscriber Future
Needs and Interests Charts (6 of 6) 11 - 16
14. CATV Subscriber Comments 17 - 30
G. Telecommunications Related Appendices
15. Telecom Providers and Users Contacted 31
16. Telecommunications Needs and Solutions Workshop
Executive Summary 32 - 33
17. Telecommunications Sample Survey Forms 34-36 .
18. Telecommunications Exhibit 4-6 Charts (4 of 4) 37 - 40
19. Telecommunications Survey Comments 41 - 42
H. Cable Television Franchise Renewal
20. Informal Proposal for the Cable Franchise Renewal 43-83
Exhibit A - Acceptance of Franchise 84
Exhibit B -- Grantee Furnished Connections
to Community Facilities 85 - 88
Exhibit C - Subscriber Service Standards 89 - 96
Exhibit D -- Subscriber Service Reporting Requirements 97 - 98
Exhibit E -- Public Utility Tax Ordinance Amendment 99
Exhibit F -- Northland Fiber Upgrade Plan
and Node Service A 100
This document is on file and available for inspection at the offices of the
City of Port Angeles, 321 East Fifth Street, Port Angeles, W A 98362-0217
(attention: Mr. Larry Dunbar).
Copies may be obtained for the cost of printing.
.
Metropolitan Communications Consultants
54
8/31/01
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CABLE TELEVISION RELATED NEEDS AND I~TERESTS
Page 1
A. FINDINGS AND RECOMMENDATIONS
1. Introduction and Background
Northland Cable Television's fifteen-year non-exclusive cable television franchise, granted by the City of
Port Angeles on December 15,1987, will expire on September 30, 2003. On October 17, 2000, following
receipt of Northland's request for renewal dated October 3,2000, Metropolitan Communications
Consultants (MCC) was authorized by the City to assist in beginning a public proceeding and in the
preparation of a needs and interests ascertainment in accordance with the formal procedures described in
Section 626 of the Cable Communications Policy Act.
The City and MCC's work on review of the operator's past performance and ascertainment of future
cable-related community needs and interests was begun in December, 2000 and included the following
components:
. On-line Internet and Mail-in Survey, conducted between February 24, 2001 and May 8,2001. The
survey was posted on MCC's project website on February 24, 2001 following publicizing by the City
through an advertisement in the Peninsula Daily News, notices distributed at the Home Show on the
weekend of February 24, 2001 and inserted into utility bills mailed out to customers. A sample copy of
the survey forms is given in Appendix F.ll.
The total number of on-line and mail-in responses received through May 8, 2001, the conclusion of the
survey period, was 354.
. Compliance Review. A review of City records and documents related to the existing cable franchise
was conducted, ending on April 25, 2001. The major documents reviewed included:
a. Franchise fee payment documentation. Fee computations from 1987-1990 are unclear as reported
further on in Exhibit 1 section 14. From 1991-1996, a City approved calculation form was
employed that greatly assisted City review. Since 1996, however, use of the form has been
discontinued, despite City requests.
b. Operator's Annual Report to the City. Of the 14 reports covering the franchise period (1987-2000),
nine (1987, 1989-1996) were prepared by 3H Cable Communications Consultants; three (1988,
1999-2000) by Northland itself, and two (1997-1998) are missing.
c. Citizen relations documents on file at the City, including customer notices, programming and
rate matters, grievance resolution, and senior discount issues. Copies of documents referenced in
the summary exhibits are contained in a separate file of worksheets available for inspection at the
offices of the City of Port Angeles, 321 East Fifth Street, Port Angeles, W A 98362-0217 (attention:
Mr. Larry Dunbar).
Informal Discussions. Informal discussions by City representatives and MCC have been ongoing since
February 2001 with Northland representatives, including Pete Grigorieff, General Manager; Michael
Roberge, Operations Manager Western Division; Michael Sturgeon, P.A. Operations Manager; and
Richard J. Dyste, Vice President, Engineering.
Three face to face and four telephone conference meetings have explored City cable related and
economic development needs, Northland upgrade planning, and the possibility of working together to
meet common goals for mutual advantage.
Informal discussions by written correspondence have also been conducted with University of
Washington TV and Washington State University TV regarding educational access.
2. Cable Television Related Findings
Section 626(c)(1)(A-D) of the Cable Act lists four factors which are the basis for the City making its
decision to grant or deny the operator's proposal for renewal. These four factors and the corresponding
findings of this report are given below:
.f'
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(A) The cable operator has substantially complied with the material terms of the existing franchise
and with applicable law;
(favorable finding - substantial compliance, see Exhibit 1 and summary paragraph below)
(B) the quality of the operator's service, including signal quality, response to consumer complaints,
and billing practices, but without regard to the mix or quality of cable services or other services
provided over the system, has been reasonable in light of community needs;
(adverse finding - see Exhibit 3, summary paragraph below and Appendix F.14)
(C) the operator has the financial, legal, and technical ability to provide the services, facilities, and
equipment as set forth in the operator's proposal; and
(not applicable - future determination upon City receipt of proposal)
(D) the operator's proposal is reasonable to meet the future cable-related community needs and
interests, taking into account the cost of meeting such needs and interests.
(not applicable - future determination upon City receipt of proposal)
A summary of the data gathering and findings and analysis of the needs assessment is presented below.
Compliance with Franchise Required Provisions (reference: Section 626(c)(1)(A)]
. During the term of the existing franchise, the operator was in compliance with the franchise provisions
as shown in Exhibit 1, and as summarized below:
- 14 of 58 franchise provisions 24.1 % Full compliance
- 27 of 58 franchise provisions 46.6% Full compliance based on no contrary record
- 14 of 58 franchise provisions 24.1 % Substantial compliance
- 2 of 58 franchise provisions 3.4 % Partial compliance
- 1 of 58 franchise provisions 1.7% Non compliance
. The full compliance shown above in the second item is based upon the non-existence of any contrary
record in the City's files and is more an indication of the need for franchise management than an
endorsement of compliance by the operator.
Subscriber Needs and Interests (reference: Section 626(c)(1)(B)]
During the term of the existing franchise, subscribers were generally satisfied within 3 of 6 service
categories as shown in Exhibit 2. These categories were billing procedures, service quality, and
installation and repair service, and in spite of complaints, majority subscriber response indicates
substantial compliance with their needs and interests (Exhibit 2 and Exhibit 2 Charts).
Subscribers' response to the operator's performance in the remaining 3 categories of monthly rates,
programming and customer relations however, is strongly negative (Exhibit 2).
Monthly rates. The greatest subscriber dissatisfaction is in the area of rates as evidenced by a 91 %
negative response together 91 negative comments (Appendix A). Complaints covered senior discounts
(6), unreasonable basic rate charges (22) and poor value (63). 48 comments were received stating that
subscribers had changed to satellite service as a result primarily because of better rates and value.
Programming. 83 % of responses and associated comments, stated subscriber dissatisfaction with
programming quality (21), content (28), disappointment at the loss of local news (16), unavailability of
sports coverage (9), governmental affairs (6) and content of music channels (9). Subscribers were also
upset with lack of opportunity for subscriber input (7), channel substitutions and elimination by the
operator (20), and apparent disregard of subscriber preferences (33).
Customer relations. Although the responses received are apparently equally divided, subscriber
comments are almost entirely strongly negative (Appendix A). More frequently, complaints were
directed toward customer relations (13), perceived as rude and arrogant.
Pursuant to the response of Port Angeles's subscribers, it is important for the City to retain flexibility
to regulate rates to the extent allowed under federal law.
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.
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.
Cable Television Related Needs and Interests
3
.
. The ascertainment indicates a need in the new franchise for specific standards to measure the
operator's performance and adequat~E~w~;~ies to en~~~~~!~,~;;standards are met.
.~,' >', ' " . """';-:.' . '. ;, . .". ." :>' . ",. ,. '.:.:' f; .',.,..l ',';' ~
. A set of subscriber service standards, modeled after FCC customer service standards in 47 CFR 76.309,
is included as Exhibit B in Appendix D. The FCC standards address the performance of the operator in
the areas of telephone response, repair service, installation, billing practices, and system reliability.
The operator's comments should also being considered.
Community Needs and Interests
Free cable television basic service to public buildings is an existing provision in Section 5 (5) of the
current franchise. This service meets a continuing need and should be continued in the franchise.
Broadband cable Internet access is a service that would greatly benefit schools and public institutions
to enable fast, convenient, information access. The new franchise should require the operator to
provide this service in a fashion comparable to its free cable television to schools and public buildings.
On March 292001, the City received notification from the University of Washington of its strong
interest in utilizing an educational access channel to make UWTV available in Port Angeles.
Washington State University has also talked with the City regarding educational access and is
awaiting funding prior to being able to make a decision at this time.
It appears that with growing awareness, utilization of educational and governmental access could
rapidly require the provision of additional access channels. Provision for this likelihood, along with
the associated need for resources, equipment, facilities, and funding support should be made in the
new franchise.
.
Term of the Agreement
. Rapidly advancing telecommunications technology and the dynamic nature of the industry present a
risk for the City of Port Angeles to enter into a long-term agreepent without substantial safeguards.
The City would be best served in afenewed franchise agreement by a term that provides flexibility for
change while safeguarding subscriber and community interests. The 15-year term of the existing
franchise is no longer reasonable or practisal.
As a general principle, a franchise term should reasonably allow the cable operator to recover its
franchise-required investment. It is the operator's decision however, to determine the magnitude of
that investment. In other words, the investment should drive the term, and not the term the
investment.
This assessment finds that a minimum non-renewable term should be adopted if there is no new
capital investment in cable plant by the cable operator, specifically including an institutional network
and additional fiber strands to permit emerging broadband cable services by the operator or others.
The minimum term however, should be extended commensurate with the operator's capital
investment, and the length of the extension should be sufficient to allow the operator to recover its
investment in compliance with the terms of the City's franchise.
Franchise Fee
. Section 542(b) of the Cable Act permits cities to charge a 5% franchise fee based on the operator's gross
revenues from the operation of a cable system. The payment of a franchise fee is considered
compensation for use of public rights of way.
In 1996, the Association of Washington Cities surveyed 201 Washington cities and found that 132
(66%) charged a cable television franchise fee, with the average franchise fee charged being 4.1 %. The
same survey also reported 40 cities (20%) were charging a separate utility tax, which averaged 5.5%, in
addition to the cable television franchise fee.
. There will be ongoing expenses for management and enforcement of a new franchise and access
channel activity management. These needs justify the franchise fee as well as not crediting it to any
utility tax on cable television services.
.
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Franchise Management and Adequate Sanctions
The experience of the current franchise has shown the need for franchise management with dedicated
resources and support funding to ensure full compliance and to realize provisions having substantial
value and benefit to the Oty.
The City needs internal procedural guidelines to clearly define its purpose, policies, responsibilities
and procedures for franchise management to avoid unintentionally allowing the cable operator to
delay or not fulfill its franchise obligations.
Examples include proper and timely payment of franchise fees, independent compensation audits,
proper inclusion of annexation area revenues in franchise fee calculations, proper notification and
reporting of available discounts, and compliance in providing service to community facilities.
The experience of the current franchise has shown that sanctions are necessary to ensure franchise
compliance. While the current franchise includes provisions for termination (Section 20, Ordinance
2470) and remedies (Section 21), the remedies are not specific, are too general and not easily
enforceable. An array of appropriate and adequate sanctions is needed.
The City needs security for the faithful performance of all provisions of the franchise. A letter of credit
as security for liquidated damages, among other items, is a need that should be covered in the
franchise.
3. Cable Television Related Recommendations
On the basis of the findings of current and future cable related needs and interests of the community, the
following recommendations are made for inclusion in the renewal cable franchise ordinance:
Term
. A minimum non-renewable term of four (4) years is recommended if there is no new capital
investment in cable plant by the cable operator, specifically an institutional network (I-Net), reserve
capacity for future upgrades and broadband cable services.
. A six (6) year extension is recommended subject to
- Completion and activation of an I-Net within nine (9) months after the effective date of the initial
four-year term of the renewed franchise, and
- The provision of a minimum reserve capacity of 48 strands of single mode optical fiber for future
upgrades and open access broadband cable services.
Franchise Fee.
. A franchise fee of 5% in accordance with 47 USC g542(b) is recommended.
It is also recommended if Chapter 5.80 P AMC is amended to establish the collection of a public utility
tax on cable television business, that all or part of the franchise fee be credited toward payment of the
public utility tax to obtain parity in cable television and telecommunications taxation.
Franchise Management
. The City should assign staff, support and funding for cable television franchise management.
Franchise management duties would be to monitor and oversee fulfillment by the cable operator of its
obligations under the franchise provisions.
. The Oty should develop its internal franchise management capabilities, and utilize outside resources
as necessary, to properly manage the new franchise to protect subscriber, community and City
interests, and to ensure compliance by the Grantee with all franchise provisions. This need is
heightened during the extended term.
Liquidated Damages for Franchise Violations
To provide motivation for the Grantee to comply with terms of the franchise, liquidated damages
should be paid to the Oty for Franchise and Subscriber Service Standards violations.
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Cable Television Related Needs and Interests
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. Payment of liquidated damages should be guaranteed by a letter of credit on behalf of the City, at a
bank in Port Angeles, to be provideq.B~.~t!}~,Grantee.I!l~s,,~~~Bmmended that the new franchise
provide for a letter of credit and that the requirement not be waived.
. The following schedule of liquidated damages is proposed:
- Failure to provide and maintain requested Cable Service to any household in the Franchise Area:
fifteen cents ($0.15) per affected household, for each day that such failure continues;
(not to exceed one thousand dollars ($1000) per day)
- Failure to promptly provide data, documents, maps, reports or information to the City:
two hundred and fifty ($250) per day, for each day such failure continues.
- Failure to provide an Access Channel and other resources in accordance with Franchise guidelines:
three hundred dollars ($300) per day for each day such failure continues.
- Failure to comply with City Requirements concerning construction in the Public Rights-of-Way:
two hundred dollars ($200) per day for each day such failure continues.
- Failure to substantially comply with a material requirement of Subscriber Service Standards:
two hundred dollars ($200) per day for each day such failure continues.
- Failure to substantially comply with technical and performance specifications upon completion
and activation of the institutional network:
three hundred dollars ($300) per day for each day such failure continues.
- If the Grantee accepts the extended term previously described in the extended term
recommendation, failure to comply with completion and activation of an I-Net within nine (9)
months after the effective date of the initial four-year term of the renewed franchise, or failure to
provide required reserve capacity for future upgrades and open access broadband cable services:
five hundred ($500.00) dollars per day for each day such failure continues.
Subscriber Needs and Interests
. Subscriber Service Standards (Exhibit C in Appendix H.19) should be incorporated into the Franchise
ordinance.
Grantee should be required by the Franchise to demonstrate to the City within the first year of its
Franchise term, the results of its efforts to address the major areas of subscriber complaint disclosed by
the City's current ascertainment, that is rates, programming and customer relations.
. It is also recommended that the Franchise include a requirement for the Grantee to implement a public
relations program to address the major areas of subscriber complaint and that the City reserve the
right to review and comment on the program at reasonable intervals.
Community Needs and Interests
. An activated cable television drop and basic cable television service should be provided, at no cost, to
the City designated community sites listed in Exhibit B of Appendix H.19.
. The franchise should require the Grantee to provide each City designated site listed in Exhibit B of
Appendix H.19, a free cable modem and a free connection to an Internet service provider to the extent
such service is available on the grantee's cable system.
Access Channels
. In addition to the current activated access channel (Channel 21), the franchise should require the
grantee to provide up to two additional activated access channels when existing channel utilization
reaches predetermined levels.
There should be one access Channel available to be dedicated exclusively for either educational or
governmental use, to be designated by the City, if it is fully utilized.
To provide funds for an adequate access channel system, the Grantee should provide the City:
- A capital contribution for production facilities and equipment of $150,000 during the first four-year
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term of the franchise.
- An additional capital contribution for production facilities and equipment up to an amount equal
to $30,000 per additional year of any extended term.
- An annual operational contribution to support the adequate operation of access channels in the
amount of 15 cents per subscriber per month.
Broadband Network and Institutional Services
o A traditional approach to institutional networks is for a cable operator to provide a City such a facility
as an incremental addition to a cable system upgrade. The completed network is usually a dark fiber
network with equipping, activation, operation and network management by the City. The result is a
network with" split" ownership and operation, the transmission cable owned and maintained by the
Grantee and the network equipment owned, operated and maintained by the City.
o In view of the City's goal is to facilitate the development of a citywide broadband, open access
network, and in view of the immediate opportunity to realize this goal through the Northland cable
system upgrade, an alternate concept is recommended:
- That Northland build, own and operate, either by itself or by contract with others, a broadband
network through its upgrade and provide institutional services to the City and other qualified
institutional users.
- The large group of institutional customers in effect become the" anchor tenant" for the new
network and represent an instant, stable, long term customer, that will immediately generate
revenue to alleviate less profitable network early startup concerns.
- The City and other institutional users will pay a discounted monthly service charge that will be
cost based, with credit given for any network capital investment made by the City.
o The franchise should therefore require the Grantee upgrade its cable network to provide broadband
services in addition to upgraded cable television service.
The upgraded broadband network should have a minimum of 96 backbone strands of single mode
fiber, a minimum of 4 strands of single mode fiber in the service drops to connected sites and all
network equipment required to activate the network.
o All public sites designated by the City shall be connected to the network and shall have broadband
capability for bi-directional voice, data, and video communications between connected sites.
o The Grantee shall prepare, and obtain approval of a design from the City, for the upgraded network,
complete with activation network equipment, within 130 days of the effective date of the renewed
franchise agreement.
o In lieu of constructing duplicate facilities, Grantee shall seek authorization and use such existing fiber
owned by any other parties, as suitable and available, for incorporation into the upgraded network.
o The Grantee should complete and have the upgraded network ready for service within nine (9)
months after the effective date of the renewed franchise agreement.
The Grantee shall pay the cost of the upgraded network including service drops to designated City
and other institutional sites. Extensions of the network and service drops to future City sites and all
non-city institutional sites shall be provided at the expense of the user requesting connection.
The Grantee shall own, operate and maintain the upgraded network to meet or exceed FCC standards
at all times, and may charge the City and other institutional users a monthly usage fee. The usage fee
shall take into consideration and give credit for any network capital investment made by the City or
other institutional user.
The usage fee should also be limited to Grantee's direct costs, subject to audit by the City, and should
be a credit on its franchise fee due.
End of cable television related recommendations
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8.4 PAST PERFORMANCE - Compliance with Franchise Required Provisions
.
'Y"i'referclnce iiicijiApli~nce
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Sedion 3: (ompliance with Laws, Rules and Regulations
Licensing PAMC 5.04
Taxation PAMC 5.8
Construction & excavation in rights of way PAMC 11.08 No contrary records
Right-of-Way Use PAMC 11.12
Section 4: (ompany Uability, Indemnification of (ity, and Insurance
Bodily injury, $lm per occurrence Franch 4(3)(a) 3 x A23 -OK every year except for 7/88-7/89, BI & PI
ProperlY damage, $lm oer occurrence Franch 4(3)(bl 3 x
Auto coverage, BI & PI of $lm/occurrence Franch 4(3)(c) 3 x combined was $1 m, thereafter compliant
Endorsement for complete op. coverage Franch 4(3)(d) 3 -.J
Designation of additionally insureds Franch 4(3)(e) 3 x Not soecified on certificates of insurance ..
File certificate with City Clerk Franch 4(3)(1) 3 ..J
Section 5: System Standards
FCC and NCTA recommended practices Franch 5(1 )(a) 3-4 No contrary records
Initial>23 channels, stereo;3ooMhz, 30 channels Franch 5(1 )(c) 4
"---
330Mhz within 3 Years, > 35 channel capacity Franch 5(1 )( c) 4 , 56 - Indicates that this goal was met
--
If >6 cities in Exh A have >4ooMhz w/54 channels PA Franch 5(1 )(c) 4 Not No request records
can request similar rebuild to 400 Mhz Applicable 55 - Councilleller only to consider public hearing.
Access limiting devices upon subscriber request Franch 5(1 )(e) 5 No contrary records
Initially, 1 channel for schools and gov. ..
wi step up based on Mhz and utilization Franch 5(1 )(1) 5 ..J Ch 21 was used in 1993, still in use per 59 of 3/23/01.
Connections to PEG agencies utilizing access channel Franch 5(1 )(1) 6 ~trary records _
Uoon reguest, furnish character generator Franch 5(1 )( g) 6 " 52- Furnished to City in 1993 +$12,500 in _1994 __
Option of terminating services outside residence Franch 5(1 )(h) 7 1--- No contrary records
Construction compatible, not interfere with traffic. Franch 5(2) 7 No contrary records
Provide guality television reception Franch 5(3) 7 x 57, 510 - customer complaints
Installation conform to NEC Franch 5(4) 7 No contrary records
1 free outlet to schools, max of 3 to city offices Franch 5(5) 8 No contrary records
.
Section 6: Programming
Programming mix
Local programming
customer complaints, see surve
customer complaints, see survey
Section 7: (ustomer Service
5ervice rules to subscribers Franch 7 8 -.J Appears to have been followed
24 hr. telephone response Franch 7(1) 9 x A 21 - Not replying to customer
record complaints requiring service calls 58 - No timely response
Repairs and responses on day of customer contact, if Franch 7(2-5) 9 x A 21 - Not replying to customer
possible 58 - No timely response
Pro-rata rebate for 24 consecutive hour interruptions Franch 7(8) 10 No contrary records
Section 8: (ondition on Street Occupancy
Use Franch 8 10
Restoration Franch 8 10
Relocation Franch 8 10
Placement of fixtures Franch 8 11
T emporarv rearrangement of facilities Franch 8 11 No contrary records
Interruption of company facilities Franch 8 11
Tree trimming Franch 8 12
Underground Franch 8 12
.
Exhibit 1: Operator Compliance with Franchise Required Provisions
.<1"
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8.4 PAST PERFORMANCE - Compliance with Franchise Required Provisions (continued)
reference compliance
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Sedion 9: Discriminatory pradices prohibited
Services available to all city citizens
No distinction to persons similarly situtated
Section 10: (overage Areas
Coverage uniform and complete for all areas
Section 11: Transfer of Ownership
City approval of sale, transfer, lease, assignment
File copy within 60 days after approval
Section 13: Franchise Fee
.
records
records
No contrary records
1 st 5 yrs, franchise fee of 4% of qross receipts Franch 13(1) 15 '-J I
After 5 yrs, franchise of 5% of gross receipts Franch 13(1) 15 I x Al - Audited by city, short ($5,659)
A 12 - Fee calculation error, disputed (Baltimore case)
Fee to be paid before 7-15 and 1-15 Franch 13(2) 15 x A7, A18, A19, AZO, AZ6 - tardy (mostly a few dayS)
A5 - Computations unclear up to 1990
Financial report showing basis for computations Franch 13(3) 15 I x A4 - Not in compliance with city request to use form
furnished the City Treasurer with each payment A 14 - No record of computations found
I Since 1996, no record of computations usinq City form
Section 14: Review of System Standards
Annual test of facilities' performance
Annual report to City at time it is sent to FCC
Section 15: Rates
.
File a complete schedule showing all rates within 30 Franch 15(2) 17 V
~eginning of franchise term -----------
Provide city and all subscribers a minimum of 30 days Franch 15(3) 17 x A 15,16, 24 - city and customers not timely notified
written notice of rate changes
Basic services 15% and installation 50% discount for 17
customers over 62 or permanently disabled with income Franch 15 18 I x A 17 -Providing discounts but with discrepancies
below poverty level. I
Section 16: Local Business Office, Records, and Reports
Local office to provide convenient access Franch 16 18 I A6 - Did not meet FCC normal business hours of at least
and normal business hours ! x one night/week and/or some weekend hours
City may audit company books at end of fiscal year Franch 16 18 vi
Annual report within 120 days of close of company's Franch 16 18 I x A3 -A 10 - A24 Annual reports furnished, but incomplete
year end upon city request i
Section 17: Annual Meeting
Annual meeting per City request to review performance
of recedin r
No contrary records
Section 18: System Data
City may inspect maps and data at any time during
normal business hours, in P.A.
Section 19: Franchise Renewal, Permit and Inspedion Fees
No contrary records
Pay reasonable City costs of franchise renewal, permits, Franch 19 19 V I 2-9-88
inspections, etc.
Pay city for out of pocket expenses I
within 30 days of receipt of invoice Franch 19 19 vi 2-9-88
Section Z3: Emergency Use
Usage of company facilities during local emergencies
No contrary records
.
Exhibit 1 (continued): Operator Compliance with Franchise Required Provisions
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Page 9
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C.S NEEDS AND INTERESTS - Compliance with Subscriber Current Needs and Interests
354 respondents
Respondent is within City limits
number '0 yes no
343 100% 88% 12%
354 respondents Had opinion Opinion given do not Opinion Details
Respondent is satisfied with: numDer 70 yes no 1III0W slrong yes yes no strong no
A. Customer Information' notices
1. Products Services Options 325 94% 52% 42% 6% 2% 49% 30% 13%
2. Rates 333 95% 40% 56% 5% 2% 38% 34% 22%
3. Use, Lineup 336 95% 41% 54% 5% 1% 39% 32% 23%
4. Billing complaint procedures 328 88% 59% 29% 12% 5% 55% 13% 16%
5. Advance notice of changes 336 95% 44% 51% 5% 2% 41% 27% 24%
B. Billing Procedures
1. Clear, Concise, Understandable 338 96% 72% 24% 4% 5% 67% 19% 5%
2. All itemized 337 94% 60% 34% 6% 4% 55% 24% 10%
3. Summary provided 328 88% 62% 26% 12% 4% 58% 16% 9%
4. Timely refunds 318 22% 14% 8% 78% 2% 13% 3% 5%
5. Proper discounts 325 33% 6% 27% 67% 1% 5% 10% 18%
6. Acceptable due dates &. grace period 333 80% 65% 15% 20% 4% 62% 9% 6%
C. Service Quality and Reliability
1. Picture Quality 327 100% 56% 44% 0% 5% 52% 32% 12%
2. Sound Quality 324 100% 72% 28% 0% 5% 67% 20% 8%
3. Frequency of outages 282 100% 62% 38% 0% 5% 57% 27% 11%
4. Signal ampl~ied by extra equipment 324 63% 27% 36% 37% 27% 36%
5. Service corrections within 1 day of request 316 38% 16% 22% 62% 16% 22%
D. Installation and Repair Service
1. Tel &. Ote customer service satisfactory 298 100% 81% 19% 8% 73% 14% 5%
2. Appointments made and kept 279 100% 82% 18% 6% 75% 11% 7%
3. Outages promptly corrected 285 100% 59% 41% 4% 55% 32% 9%
4. Other problems promptly corrected 264 100% 66% 34% 4% 62% 22% 12%
5. New services promptly installed 261 100% 74% 26% 7% 66% 13% 13%
6. Installation workmanship satisfactory 269 100% 87% 13% 9% 78% 8% 6%
7. Employees identify themselves 262 100% 87% 13% 11% 76% 6% 7%
E. Programming
1. Basic Service 125 100% 17% 83% 17% 83%
2. Expanded Basic 149 100% 19% 81% 19% 81%
3. Premium Channels 20 100% 17% 83% 17% 83%
4. Pay-per-View 21 100% 33% 67% 33% 67%
F. Monthly Rates
1. Basic Service 138 100% 17% 83% 17% 83%
2. Expanded Basic 172 100% 10% 90% 10% 90%
3. Premium Channels 26 100% 9% 91% 9% 91%
4. Pay-per-View 26 100% 35% 65% 35% 65%
Exhibit 2: Compliance with Subscriber Current Needs and Interests
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C.6 NEEDS AND INTERESTS - Subscriber Future Needs and Interests
Page 1 0
354 respondents Had opinion Opinion given do not
Other Topics: numDer ;0 yes no Ilnow
G. Household increasing TV viewing 342 96% 20% 75% 4%
H. In the last 12 months, I have purchased
1. Cable television service 322 100% 35% 65% 0%
2. Satellite Dish 325 100% 17% 83% 0%
3. High Definition Television 307 98% 2% 96% 2%
4. Digital Video Disc (DVD) 310 99% 17% 83% 1%
5. Internet Access 321 99% 46% 53% 1%
I. In the next 12 months, I will purchase
1. Cable television service 316 89% 12% 77% 11%
2. Satellite Dish 333 75% 30% 45% 25%
3. High Definition Television 316 83% 5% 78% 17%
4. Digital Video Disc (DVD) 315 84% 15% 69% 16%
5. Internet Access 310 92% 30% 62% 8%
J. My household would watch
1. Locally produced programs 319 87% 73% 13% 13%
2. City Council meetings 320 79% 51% 28% 21%
City gov. informational and community
3. programs and events 319 78% 53% 24% 22%
4. Educational programming & curriculum 317 75% 57% 18% 25%
K. My household would like
1. More catv channels. 313 86% 73% 14% 14%
2. More music channels. 308 79% 47% 31% 21%
3. High-definition television proramming 313 53% 28% 25% 47%
4. A program blocking service 310 62% 22% 40% 38%
5. High-speed cable internet access 315 69% 40% 29% 31%
6. Catv local emergency alert messages 316 88% 79% 9% 12%
L. I Support the City and catv operator working to
develop high-speed cable internet access 315 74% 54% 20% 26%
M. My future needs and interests
1. Are met without any changes 315 84% 12% 73% 16%
Had opinion Opinion given
318 respondents number '70 yes no
N. Willing to pay S/mo for additional features
1. Local news, arts, and sports programming 307 100% 27% 73%
2. City gov, community programs & events 306 100% 17% 83%
3. educational programs and curriculum. 298 97% 19% 79%
4. Ten (10) additional televsion channels. 295 96% 43% 53%
5. Ten (10) additional music channels. 292 95% 19% 77%
6. High definition television (HDTV) programming 291 95% 17% 78%
7. Block out selected programs 293 95% 8% 88%
8. High-speed internet access over cable. 295 96% 39% 57%
9. Local emergency alert messages 297 97% 29% 68%
Exhibit 3: Subscriber Future Needs and Interests
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Metropolitan Communications Consultants
Opinion Details
slrong yes yes no strong no
20% 75%
35% 65%
17% 83%
2% 96%
17% 83%
46% 53%
12% 77%
30% 45%
5% 78%
15% 69%
30% 62%
24% 49% 9% 4%
12% 39% 21% 8%
10% 43% 18% 6%
15% 42% 15% 4%
39% 34% 12% 2%
21% 26% 23% 8%
11% 17% 18% 8%
7% 14% 30% 10%
19% 21% 17% 11%
35% 45% 6% 3%
24% 30% 11% 10%
3% 8% 27% 45%
.
.
Willing to pay S/mo
:>1 :>3 :>5 S10 S20
18% 5% 3% 0% 0%
13% 3% 1% 0%
10% 6% 2% 0%
21% 14% 6% 2%
12% 5% 2%
9% 5% 2% 0% 0%
7% 1%
8% 5% 6% 11% 9%
24% 3% 2%
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TELECOMMUNICATIONS RELATED NEEDS AND INTERESTS
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D. FINDINGS AND RECOMMENDATIONS
7. Introduction and Background
The City of Port Angeles recognizes that government support and leadership of telecommunications
infrastructure development can catalyze economic development. Putting its vision into action, the City on
October 17, 2000 committed to ensure broadband telecommunications in Port Angeles by approving a
telecommunications Action Plan. Taking advantage of the coincidental occurrence of Northland's
franchise renewal request, the City therefore expanded its cable-related renewal evaluations to also
include determination of community telecommunications needs and interests.
For the telecommunications needs and interests determination, the City of Port Angeles and MCC
collaborated on a web-based survey, conducted interviews with select organizations within the
community and held a Telecommunications Needs and Solutions Workshop. These activities are
summarized below:
. Internet Survey. The Internet survey began on March 9,2001 with a letter of invitation from the City's
Economic Development Director sent out to a representative list of local businesses, community
organizations and service providers. A sample copy of the survey forms is given in Appendix G.17.
At the conclusion of the survey in late April, 107 responses were received.
Interviews. Personal interviews were conducted in February 2001 with Clallam County, the Port of
Port Angeles, the Port Angeles School District, Peninsula College, and Olympic Medical Center to
receive input on telecommunications needs and to introduce the City's upcoming on-line survey.
Additional telephone interviews were conducted with Olypen, TenForward, Virginia Mason Port
Angeles, Daishowa America and FairPoint Communications. Both telephone and personal meetings
were held with Qwest and Century Telephone. All were invited to provide input via the City's on-line
surveyor by other means.
A list of the various parties contacted and interviewed is given in Appendix G.15.
Telecommunications Workshop. On March 30, 2001, an all day Telecommunications Needs and
Solutions Workshop was held at the City Fire Station, facilitated by City representative Larry Dunbar,
Dennis Bragg of Den-Ree Productions, and Brian Roberts of MCC. The workshop report Executive
Summary is contained in Appendix G.16. The full report and findings may be found in the City's
Business Planning Analyses, on file in the City's Department of Public Works and Utilities.
8. Telecommunications Related Findings
The major needs and interests findings, gained from the survey~ interviews, and workshop, are:
Telecommunications Needs and Interests
Broadband connectivity is the most important need not being met by the present infrastructure.
Open access and competition are important for the consumer's benefit, enabling more options, better
service and lower prices.
Local government's top need and use of broadband connectivity is to connect offices and departments
scattered at various locations around the community.
Broadband connectivity is needed for video conferencing and remote training and education for
people who cannot travel to attend school.
Businesses need fast but affordable telecommunications services to enable competition and the ability
to provide services via the Internet.
A citywide deployment is necessary if the greatest benefit, in the shortest time period is to be achieved.
A "limited" deployment is a possible path for initial network development, with partnerships as the
key to expansion and overcoming service limits.
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Telecommunications Related Needs and Interests
Page 12
Economic development and education opportunities are the primary justification for a community
broadband network.
Institutional Network
The City has the opportunity to obtain a governmental and educational institutional network through
the cable franchise renewal. An institutional network will limit broadband service to non-commercial
public, educational and governmental users but will allow dramatic cost-savings and efficiencies in
their operation.
A list of governmental, educational and public institutional sites has been prepared and is given in
Exhibit B of Appendix H.20.
. Institutional networks are defined in 47 USC 9531(f)
"Institutional network defined
For purposes of this section, the term "institutional network" means a communication network which
is constructed or operated by the cable operator and which is generally available only to subscribers
who are not residential subscribers."
The City's authority to require an institutional network from a cable operator is given in 47 USC
9541(b)(3)(D) which states that
"Except as otherwise permitted by sections 9531 and 9532 of this title, a franchising authority may not
require a cable operator to provide any telecommunications service or facilities, other than
institutional networks, as a condition of the initial grant of a franchise, a franchise renewal, or a
transfer of a franchise."
. Some question has arisen regarding local governments' ability to require institutional networks as a
result of a 5th Circuit Court ruling in a case between the City of Dallas and the FCC (165 F3rd 341 at
page 350 and 351 - Dallas vs. FCC, 1999).
It should be noted however, that the case however, concerns open video system (OVS) operators (not
cable operators), where FCC rules, 47 CFR 976.1505(e) (1997), give local governments authority to
require channel capacity on institutional networks for educational or governmental use only if the
OVS operator has built an institutional network and has capacity available.
9. Telecommunications Related Recommendations
On the basis of the findings of current and future telecommunications related needs and interests of the
community, the following recommendations are made for inclusion in a new cable franchise ordinance:
The City should capitalize on the opportunity provided by the current cable franchise renewal
proceedings and aggressively negotiate with Northland Cable to develop a broadband infrastructure
through upgrading of the existing cable television infrastructure.
The City should insist that the new broadband infrastructure have" open access" available to qualified
Northland affiliated or non-affiliated service providers.
The City should negotiate with Northland to ensure that as much fiber as possible in excess of that
required to meet Northland's cable television needs is installed, at a minimum 48 strands of excess
single mode fiber.
The upgraded infrastructure should connect subscribers at a minimum with capability to receive cable
modem service with the option of direct fiber drops to larger customers needing more bandwidth and
willing to pay for the required fiber drop.
The City should be willing, on a reasonable basis and as legally permitted, to extend the franchise
term, reduce the compensation and benefits, and even invest resources as incentives to Northland.
End of telecommunications related recommendations
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Telecommunications Related Needs and Interests
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E.1D NEEDS AND INTERESTS - Current Services and Future Subscriber Needs
, '."
1 07 Questionnaires Totals Qwest Fairpoint Unspecified
VI VI VI -0 VI VI VI -0 VI VI VI -0 VI VI VI -0
CIJ CIJ CIJ CIJ CIJ CIJ CIJ CIJ
CIJ c: c: CIJ CIJ c: c: CIJ CIJ c: c: CIJ CIJ c: c: CIJ
VI ::J ::J <+= VI ::J ::J <+= VI ::J ::J <+= VI ::J ::J <+=
c: VI c: VI c: VI c: VI
Voice 0 VI e ~ 0 VI e ~ 0 VI e ~ 0 VI e ~
c.. VI c.. VI c.. VI c.. VI
VI CIJ ::l VI VI CIJ ::l VI VI CIJ ::l VI VI CIJ ::l VI
CIJ u "5 VI CIJ u "5 VI CIJ u "5 VI CIJ u "5 VI
communications cr: u 0 cr: u 0 cr: u 0 cr: ~ 0
<: Ll.. <: Ll.. <: Ll.. Ll..
SOHO 2 6 4 1 2 6 4 1
Key 9 76 16 1 6 62 8 1 3 14 8 0
Centrex 10 253 26 2 8 235 4 2 2 18 22 0 0
PBX 22 100 50 4 14 79 46 2 2 4 4 1 6 17 1
CTI/LAN 2 2 2 2
Unspecified 62 214 84 8 33 155 72 8 3 9 8 0 26 50 4 0
Totals 107 651 180 16 65 539 134 14 10 45 42 1 32 67 4 1
Service Agreements 40 8 29 6 10 1 1 1
107 Questionnaires Totals Qwest Fairpoint Unspecified
VI VI VI -0 VI VI VI -0 VI VI VI -0 VI VI VI -0
CIJ CIJ CIJ CIJ CIJ CIJ CIJ CIJ
CIJ c: c: CIJ CIJ c: c: CIJ CIJ c: c: CIJ CIJ c: c: CIJ
VI ::J ::J 'jj; VI ::J ::J <+= VI ::J ::J <+= VI ::J ::J <+=
c: c: .!!! c: VI c: .!!!
Video 0 VI e ~ 0 VI e 10 0 VI e ~ 0 VI e 10
c.. VI c.. VI c.. VI c.. VI
VI CIJ ::l VI VI CIJ ::l VI VI CIJ .a VI VI CIJ ::l VI
CIJ u "5 VI CIJ u "5 VI CIJ U VI CIJ u "5 VI
communications cr: u 0 cr: u 0 cr: U ::l 0 cr: u 0
<: Ll.. <: Ll.. <: Ll.. <: Ll..
Security/Monitoring 2 2 1 1 1 1
Webcam 6 6 2 2 1 1 3 3
2-way video 5 5 3 3 2 2
Other 6 6 2 3 3 1 1 1 2 2 1
Totals 19 19 2 8 8 0 0 3 3 0 1 8 8 0 1
107 Questionnaires Totals Qwest AT&T Unspecified
VI VI VI -0 VI VI VI -0 VI VI -0 VI VI -0
CIJ CIJ CIJ CIJ VI CIJ CIJ VI CIJ CIJ
CIJ c: c: CIJ CIJ c: c: CIJ CIJ c: c: CIJ CIJ c: c: CIJ
VI <+= VI <+= VI <+= VI <+=
c: ::J ::J VI c: ::J ::J .!!! c: ::J ::J VI c: ::J ::J VI
Wireless 0 VI e ~ 0 VI e 10 0 VI e ~ 0 VI e ~
c.. VI c.. VI c.. VI c.. VI
VI CIJ ::l VI VI CIJ ::l VI VI CIJ ::l VI VI CIJ ::l VI
CIJ u "5 VI CIJ u "5 VI CIJ u "5 VI CIJ u "5 VI
communications cr: u 0 cr: u 0 cr: u 0 cr: u 0
<: Ll.. <: Ll.. <: Ll.. <: Ll..
Analog voice 8 8 70 1 3 3 54 1 5 5 16
Digital voice 24 24 59 5 2 2 4 10 10 43 2 12 12 12 3
Voice/data 2 2 4 2 2 4
Other 6 6 26 1 6 6 26 1
Totals 40 40 159 7 2 2 4 0 13 13 97 3 25 25 58 4
Exhibit 4: Voice, Video, Wireless Communications (see Chart 1 of 4)
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Telecommunications Related Needs and Interests
Page 14
E.l0 NEEDS AND INTERESTS - Current Services and Future Subscriber Needs (continued)
107 Questionnaires Totals Qwest Fairpoint Unspecified
Vl Vl Vl " Vl Vl Vl " Vl Vl Vl " Vl Vl Vl "
cu cu cu cu cu cu cu cu
cu c: c: cu cu c: c: cu cu c: c: cu cu c: c: cu
Vl :.:; :.:; = Vl :.:; :.:; = Vl :.:; :.:; = Vl :.:; :.:; =
c: Vl c: .!!! c: .!!! c: .!!!
Data 0 Vl ~ ~ 0 Vl ~ n; 0 Vl ~ n; 0 Vl ~ n;
c.. Vl c.. Vl c.. Vl c.. Vl
Vl cu .a Vl Vl cu ::> Vl Vl cu ::> Vl Vl cu ::> Vl
cu u Vl cu u "5 Vl cu u "5 Vl cu u "5 Vl
communications c: u ::> is c: u is c: u is c: u is
-0:: u- -0:: u- -0:: u- -0:: u-
Frame relay 4 14 3 13 1 1
05-1 5 11 15 3 3 8 14 3 1 1 1 2 1
05-3 2 2 4 1 1 3 1 1 1
OC-3 1 1 2 1 1 2
Wireless 3 2 4 1 4 2 2
T etals 15 30 25 3 9 23 23 3 3 3 0 0 3 4 2 0
Service Agreements 16 2 9 1 3 0 4 1
.
107 Questionnaires Totals OIJPen TenForward Unspecified
Vl Vl Vl .l!l .l!l Vl Vl Vl
Vl C C " Vl C c: " Vl C " Vl C C "
::> ::> c: ::> ::>
cu ::> cu cu ::> cu cu ::> cu cu ::> cu
Vl 0 0 = Vl 0 0 = Vl 0 0 = Vl 0 0 =
c: u Vl c: u Vl c: u Vl c: u Vl
u u u u u ~ u u
0 u -0:: ~ 0 u -0:: ~ 0 u ~ 0 u -0:: ~
c.. -0:: c.. -0:: c.. -0:: c.. -0::
Vl ~ Vl Vl - ~ Vl Vl - ~ Vl Vl - ~ Vl
cu Vi Vl cu Vl cu Vl cu Vl
c: ::> is c: Vl ::> is c: Vl ::> is c: Vl ::> is
Internet access 'x "5 Ox "5 'x "5 Ox "5
L.LJ u- L.LJ u- L.LJ u- L.LJ u-
Dialup 56 46 63 5 18 22 31 12 10 13 2 2 14 19 3 4
Osl144 5 7 15 4 4 6 8 4 1 1 1 6
Osl192 2 2 1 0 1 1 1 1 1
Osl384 5 9 24 3 4 8 17 2 1 1 3 1 4
Osl768 1 2 4 0 2 1 2 1 1
Osl 1100 1 1 15 0 1 1 12 3
Wireless 0 0 5 0 5
Other 9 17 20 2 9 17 20 2
Totals 69 101 89 27 32 47 45 18 14 18 7 3 23 36 37 6
Service Agreements 43 9 16 6 10 1 17 2
.
107 Questionnaires Totals Qwest Fairpoint Unspecified
Vl Vl Vl " Vl Vl Vl " Vl Vl Vl " Vl Vl Vl "
cu E E cu cu E E cu cu E E cu cu E E cu
Vl - Vl = Vl = Vl =
c: 'Vi 'Vi Vl c: OVi OVi .!!! c: "Vi "Vi .!!! c: OVi 'Vi o!!!
Local/wide area 0 ~ 0 n; 0 z n; 0 n;
c.. :z :z c.. :z- :z c.. Z c.. :z :z
Vl ~ Vl Vl Vl Vl Vl Vl Vl
cu :5 Vl cu :5 ~ Vl cu :5 -0:: Vl cu :5 ~ Vl
computer networks c: is c: is c: ::= is c: is
Apppletalk 1 1 1 1
ARCnet 1 1 1 1
T eken Ring 1 1 7 1 1 7
FOOl 4 3 1
Ethernet 45 131 289 12 23 91 168 8 7 13 10 2 15 27 111 2
Other 9 9 7 3 3 2 2 3 4 4 4
T etals 57 143 307 12 26 94 171 8 9 15 13 2 22 34 123 2
Exhibit 5: Data Communications, Internet Access, LAN/WAN Computer Networks (see Chart 2 of 4)
.
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Telecommunications Related Needs and Interests
Page 15
E.l0 NEEDS AND INTERESTS - Current Services and Future Subscriber Needs (continued)
107 Questionnaires Totals , '" Qwes,t"Wk"" Fairpoint Unspecified
VI '- VI i; VI i; VI '-
4J 4J 4J 4J 4J 4J
4J J5 .0 4J J5 .0 4J J5 ~ 4J J5 E@
VI "" i; VI "" i; VI i; VI i;
c: n:l c: n:l c: n:l c: n:l
Respondent owns 0 u ~ oJ: 0 U ~ oJ: 0 U c;; oJ: 0 U c;; oJ:
0.. c... is 0.. c... is 0.. c... u is 0.. c... "~ is
VI a VI VI a VI
4J f- 4J f- a. 4J f- 4J f- a.
cable plant cc => 0 cc => 0 cc => 0 cc => 0
Premise Voice 11 20 11 8 12 6 1 3 2 5 5
Premises Data 12 17 4 10 9 9 3 6 1 2 2 8 1 2
Premise Video 4 5 1 3 3 1 1 2
asp Voice 5 4 1 2 2 3 2 1
asp Data 4 1 2 1 1 1 3 1 1 1
asp Video 1 1 1 1
Totals 37 47 6 25 24 26 4 14 2 3 0 2 11 18 2 9
107 Questionnaires Totals Qwest Fairpoint Unspecified
VI VI VI VI
4J 4J 4J 4J
VI VI VI VI
c: VI c: VI c: VI c: VI
0 4J 0 4J 0 4J 0 4J
0.. >- 0.. >- 0.. >- 0.. >-
VI VI VI VI
Have Resources 4J 4J 4J 4J
cc cc cc cc
Telephone Competency 69 35 49 25 7 4 13 6
Data Competency 52 32 37 22 5 3 10 7'
Video Competency 44 11 34 9 5 2 5 0
Current Telephone Funding 71 46 49 29 9 7 13 10
Current Data Funding 54 35 39 24 5 3 10 8
Current Video Funding 44 17 34 11 5 3 5 3
Future Telephone Funding 67 32 45 18 9 6 13 8
Future Data Funding 49 21 35 13 4 2 10 6
Future Video FundinQ 45 17 35 13 4 2 6 2
Totals 495 246 357 164 53 32 85 50
107 Questionnaires Totals Qwest Fairpoint Unspecified
4J 4J 4J 4J
4J 4J 4J 4J 4J 4J 4J 4J
4J c: 4J rn 4J c: 4J rn 4J c: 4J rn 4J c: rn
rn 0 rn 0 rn 0 rn 0 4J
4J "2 4J n:l 4J "2 4J n:l 4J "2 4J n:l 4J "2 4J n:l
n:l 4J rn VI n:l 4J rn Vl n:l 4J rn VI n:l 4J rn VI
C"l ~ "a '6 ~ "a '6 ~ "a '6 rn "a '6
0 n:l C"l 0 n:l C"l 0 n:l C"l 0 n:l
c: VI C"l c: Vl C"l c: VI C"l c: <<: VI C"l
e 0 Ci c: e 0 Ci c: e 0 Ci c: e 0 Ci c:
Vi :z e Vi :z e Vi :z e Vi :z e
Opinions Vi Vi Vi Vi
PA needs competition 25 22 11 3 17 18 8 2 4 1 1 1 4 3 2
Would change service
providers if same service, 22 30 6 3 16 22 5 2 4 2 1 2 6 1
lower cost
Would change providers if
same service, same cost, 29 23 8 2 21 16 7 1 5 2 1 3 5 1
but higher speed
C"l ~ ~ ~ C"l ~ ~ ~ C"l ~ ~ ~ C"l ~ ~ ~
c: LO 0 0 c: LO 0 0 c: LO 0 0 c: LO 0 0
:c: N LO LO :c: N LO LO :c: N LO LO :c: N LO LO
(5 .8 .8 i; (5 .8 .8 i; (5 .8 .8 i; (5 .8 .8 i;
:z 0.. 0.. > :z 0.. 0.. > :z 0.. 0.. > :z 0.. 0.. >
=> => 0 => => 0 => => 0 => => 0
Willing to pay extra to 20 24 9 3 16 16 6 2 1 5 2 3 3 1 1
meet future needs
Exhibit 6: Respondents' Resources (Chart 3 of 4) and Opinions (Chart 4 of 4)
Metropolitan Communications Consultants
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Appendices to
Cable Television and Telecommunications
Needs and Interests Report
August 31, 2001
Prepared for
~~
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The City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, WA 98362-0217
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METROPOLITAN
COMMUNICATIONS
CONSULTANTS
Seattle: 5847 McKinley PI. N., Seattle, Washington 98103
Tel: 206.522.6778 Fax: 206.522.6777
Tacoma: 1201 Pacific Avenue, Suite 1702, Tacoma, Washington 98402
Tel: 253.271.1636 Fax: 253.272.1482 www.mcco.com
.
71
@
APPENDICES TO
CABLE TELEVISION AND TELECOMMUNICATIONS
NEEDS AND INTERESTS REPORT
August 31, 2001
.
APPENDICES page
F. Cable Television Related Appendices
11. CATV Sample Survey Forms 1-3
12. CATV Exhibit 2 Charts: Subscriber Current
Needs and Interests Charts (7 of 7) 4 -10
13. CATV Exhibit 3 Charts: Subscriber Future
Needs and Interests Charts (6 of 6) 11 - 16
14. CATV Subscriber Comments 17 - 30
G. Telecommunications Related Appendices
15. Telecom Providers and Users Contacted 31
16. Telecommunications Needs and Solutions Workshop
Executive Summary 32 - 33
17. Telecommunications Sample Survey Forms 34 - 36 .
18. Telecommunications Exhibit 4-6 Charts (4 of 4) 37 - 40
19. Telecommunications Survey Comments 41 - 42
H. Cable Television Franchise Renewal
20. Informal Proposal for the Cable Franchise Renewal 43-83
Exhibit A - Acceptance of Franchise 84
Exhibit B - Grantee Furnished Connections
to Community Facilities 85-88
Exhibit C - Subscriber Service Standards 89 - 96
Exhibit D - Subscriber Service Reporting Requirements 97 - 98
Exhibit E -- Public Utility Tax Ordinance Amendment 99
Exhibit F -- Northland Fiber Upgrade Plan
and Node Service A 100
This document is on file and available for inspection at the offices of the
City of Port Angeles, 321 East Fifth Street, Port Angeles, W A 98362-0217
(attention: Mr. Larry Dunbar).
Copies may be obtained for the cost of printing.
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Metropolitan Communications Consultants
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'i,"'(':/P')~,~.:t:i',~~'l;t.l:"':~-~:1i,:, ,_,' ~;~~'~~\';:,f$""':)1<~~~'jh,,,,"~i
APPENDIX F.ll - CATV SAMPLE SURVEY FORMS
Page 1
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City of Port"Angeles
Residential Cable Television Service Survey
The City of Port Angeles is asking for your- input before renewing the franchise with
Northland Cable Television. The information you provide is considered confidential, will not
be disclosed, and will only be used for the City's survey.
INSTRUCTION TO COMPLETE THE SURVEY: Please provide your name and contact
information, and respond to each question by darkening the circle with a pencil or pen.
Please select the response that comes closest to your own opinion. A space is provided at
the end of the survey if you have any additional comments or recommendations you would
like to share. After you have completed the survey please return it to:
City of POlt Angeles, P.O. Box 1150, Port Angeles, WA 98362-0217
Contact person
Service address
Telephone number
E-Mail address
Please tell us about your experience with Northland
Very Very Don't
Customer Information and Notices Satisfied Satisfied Dissatisfied Dissatisfied Know
1. Information on products, services, options 0 0 0 0 0
2. Information on rates 0 0 0 0 0
. 3. Channel lineup notices 0 0 0 ,) 0
4. Billing and complaint procedures () {) 0 () {)
5. Advance notice of changes 0 () ,) 0 ()
Very Very Don't
Billing Procedures Satisfied Satisfied Dissatisfied Dissatisfied Know
6. Billing is clear, concise and understandable 0 () 0 ,) 0
7. All services and charges are itemized 0 {) 0 () 0
8. A summary of bill is provided 0 0 0 0 0
9. Refunds are timely 0 0 0 0 ,)
10. Discount for retired and disabled individuals (l 0 {) (1 ()
11. Billing due dates and grace period 0 0 0 0 0
Very Very
Service Quality and Reliabilitv Satisfied Satisfied Dissatisfied Dissatisfied
12. Picture signal quality 0 0 0 0
13. Sound signal quality 0 0 0 0
14. Frequency of outages 0 0 0 0
Don't
Yes No Know
15. My signal is not amplified by extra equipment l) () l)
16. Service corrections within 1 day of request 0 0 0
Very Very
Installation and Repair Service Satisfied Satisfied Dissatisfied Dissatisfied
17. Telephone and Office Availability 0 0 0 0
18. Appointments are made and kept 0 () 0 {)
19. Outages are promptly corrected 0 0 0 0
. 20. Other service problems promptly corrected {) 0 {) 0
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Metropolitan Communications Consultants 73 8/31/01
Appendix F .11 - CATV Sample Survey Forms Page 2
21. Prompt installation of new service 0 ,) 0 ()
22. Installation workmanship <1 0 0 <1
23. Employee identification 0 0 0 () .
Don't
Other television topics Yes No Know
24. I am a citizen of Port Angeles and live within the City limits () 0 "
25. My household is increasing the time it spends watching television <1 0 0
26. During the last 12 months, have you purchased
one or more of the following?
a. Cable television 0 0 <1
b. Satellite dish <1 () 0
c. High definition television (> 0 0
d. Digital video disk (DVD) 0 0 0
e. Internet access " " 0
27. During the next 12 months, do you plan to purchase
one or more of the following?
a. Cable television 0 0 "
b. Satellite dish ,) 0 0
c. High definition television 0 0 "
d. Digital video disk (DVD) " 0 0
e. Internet access () () ()
Cable television services
Please indicate the service tier(s) you subscribe to and your satisfaction/dissatisfaction with programming selection,
number of channels and monthly rates
Current Programming Number Monthly Rates
Service Tier Subscriber Selection of Channels Current wlo tax
brief description Yes No Satisfied Dissatisfied Satisfied Dissatisfied Rate Satisfied Dissatisfied
28. Basic
(27 channels) 0 0 0 () 0 0 $29.95 " 0
29. Expanded Basic
(39 channels) 0 () 0 0 () 0 $40.95 () <1 .
30. Bronze Digital
(56 channels) 0 0 () 0 0 0 $48.99 <> 0
31. Silver Digital
(60 channels) 0 0 () 0 0 0 $58.99 0 0
32. Gold Digital
(62 to 66 chan) <> 0 0 <1 ~.) () $67.99 0 ()
33. Platinum Digital
(70 channels) 0 0 0 0 ,) () $79.99 () ()
34. Pay per view
(22 channels) <1 0 0 0 l' 0 $3.99 each 0 0
May we have your opinion?
Strongly Strongly No
My Future Needs And Interests Support Support Against Against Opinion
35. My household would watch locally
produced programs (such as news,
arts and sports) if they were
broadcast over cable television 0 l' () 0 0
36. My household would watch City
Council meetings if they were
broadcast on cable television () i' 0 0 0
37. My household would watch
informational programs about City
government and community programs
and events if they were
broadcast on cable television () 0 <1 () ()
38. My household would watch educational
programming and curriculum if they .
are continued to be broadcast
on cable television () " 0 0 0
Metropolitan Communications Consultants 74 8/31/01
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Appendix F .11 - CATV Sample Survey Forms Page 3
39. My household would like more
cable television channels 0 () 0 0 0
. 40. My household would like to more
music channels 0 0 0 () ()
41. My household would like to receive
high-definition television programming
(HDTV) over the cable television 0 0 l) 0 0
42. My household would like to subscribe
to a service that could block out
selected programs 0 () 0 (l l)
43. My household supports the City and
Cable Operator working together to
develop high-speed internet access
over cable television 0 0 0 0 0
44. My household would subscribe to
high speed internet access
over cable television () () 0 0 0
45. My household would like local
emergency alert messages to be
broadcast over cable television 0 () 0 0 0
46. My future needs and interests
are satisfied without any changes 0 0 0 0 0
How much more will you pay to satisfy your needs and interests?
My Needs and Interests None $l/Mo $3/Mo $5/Mo $10/Mo $20/Mo
47. Local news, arts and sports programming 0 0 0 0 0 0
48. Televised City government and
. community programs and events 0 () 0 () 0 0
49. . Televised educational programs and curriculum 0 0 0 0 0 0
50. Ten (10) additional television channels 0 0 0 0 0 0
51. Ten (10) additional music channels 0 l' 0 " 0 0
52. High-definition television programming (HDTV) 0 " 0 0 0 0
53. Block out selected programs 0 () () 0 0 0
54. High-speed Internet access 0 () 0 0 0 0
55. Local emergency alert messages " 0 0 (l 0 0
56. Please provide us with any comments or recommendations you may have in the space below!
Please return your completed survey to:
City of Port Angeles, P.O. Box 1150, Port Angeles, WA 98362-0217
.
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Page 4
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS
RESPONDENT'S LOCATION
Respondent is within City Limits
o yes II no
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (1 of 7) - RESPONDENT IS SATISFIED WITH:
-~
A. Customer Information and Notices
o don't know 0 yes 0 no
1)0%
80%
60%.
52%
42%
56%
59%
54%
51%
44%
40%
20%
I
I
, i
.tProducts, . ?Rates 3. Use, Lineup 4. Billing
Services complaints
Options
5.Advance
notice of
changes
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Appendix F.12 - CATV Exhibit 2 Charts Page 5
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (2 of 7) - RESPONDENT IS SATISFIED WITH:
A. Customer Information and Notices
1. Products, Services Options
o don't know !II strong yes 0 yes liJ no II strong no
2% 6%
A. Customer Information and Notices
2. Rates
o don't know lEI strong yes 0 yes liJ no II strong no
2"10 5"10
A. Customer Information and Notices
3. Use, Lineup
o don't know lEI strong yes 0 yes liJ no II strong no
1% 5"10
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Appendix F .12 - CATV Exhibit 2 Charts
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (3 of 7) - RESPONDENT IS SATISFIED WITH:
A. Customer Information and Notices
4. Handling of Billing Complaints
.
o don't know II strong yes 0 yes 13 no II strong no
5"10 1Z"Io
A. Customer Information and Notices
5. Advance Notice of Changes
o don't know iii strong yes 0 yes III no II strong no
.
Z"Io 5"10
B. Billing
o don't know 0 yes III no
1)0%
80% 72%
60%
40%
20%
'78%
67%
65%
62%
t Clear, 2.AII itemized3. Summary 4. Timely
Concise, provided refunds
Understandable
5. Proper 6.Acceptable
discounts due dates &
grace period
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Appendix F .12 - CATV Exhibit 2 Charts
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Page 7
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (4 of 7) - RESPONDENT IS SATISFIED WITH:
B. Billing
1. Clear, Concise, Understandable
D don't know III strong yes D yes III no II strong no
5%
5%
4%
B. Billing
2. All itemized
Ddon'tknow I!Istrong yes Dyes III no II strong no
4"10
B. Billing
3. Summary provided
D don't know I!I strong yes D yes III no III strong no
12"10
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Appendix F .12 - CATV Exhibit 2 Charts
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SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (5 of7) - RESPONDENT IS SATISFIED WITH:
B. Billing
4. Timely Refunds
.
o don't know IJI strong yes 0 yes I!I no I!I strong no
B. Billing
5. Proper discounts
o don't know IE strong yes 0 yes III no (I strong no
1%
.
I
I
I
I
I
-
i
,
B. Billing
6. Acceptable Due Dates & Grace Period
o don't know 1m strong yes 0 yes III no III strong no
i
!
I
I
I
i
20%
.
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Page 9
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (6 of 7) - RESPONDENT IS SATISFIED WITH:
C. Service Quality and Reliability
1!I strong yes 0 yes 1!I no . strong no
1>0%
80% 67%
52%
60%
40%
20%
0%
57%
t Picture Quality
2. Sound Quality
3. Frequency of outages
C. Service Quality and Reliability
4. Signal amplified by extra equipment
o strong yes 0 yes 1!I no
C. Service Quality and Reliability
5. Service Corrections Made within 1 Day of Request
o strong yes 0 yes 1!I no
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Appendix F .12 - CATV Exhibit 2 Charts
Page 1 0
SUBSCRIBER CURRENT NEEDS AND INTERESTS CHARTS (7 of 7) - RESPONDENT IS SATISFIED WITH:
D. Installation & Repair Service
.
Dyes
1)0%
81%
82%
87%
87%
80%
74%
66%
59%
60%
40%
20%
1.1ellOfc 2. Make &
custorrer keep
service appointments
satisfactory
3. Correct
outages
prorrplly
4. Correct
other
problelTS
prorrplly
5. Install 6. Installation 7. Errployees
new service workrrenship identify
prorrplly satisfactory themselves
E. Programming
Dyes 0 no
1)0% 83% 81% 83%
80% 67%
60%
33%
40%
20%
0%
t Basic Service 2. Expanded Basic 3. Premium 4. Pay-per-View
Service Channels
,
.
I
I
I
~
F. Monthly Rates
Dyes D no
90% 91%
I 1)0% 83%
I
I
I 80%
,
I
i 60%
,
I
i 40%.
I
I 20%
i
I 0%
I t Basic Service 2. Expanded Basic 3. Premium
I Service Channels
L-
35%
,
I
I
I
I
i
I
I
I
I
i
I
I
I
.._---~~
65%
4. Pay-per-View
.
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APPENDIX F.B - CATV EXHIBIT 3 CHARTS';jt~j~
'i,,,'!i~
SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (1 of 6)
Page 11
; '<::-.-~
'1.,' ~',f(
G. My Household's TV Viewing is Increasing
D don't know Dyes III no
H. In the past 12 months, I have purchased:
Dyes
1)0%
BO%-
60%
40%
20%
0%
t Cable 2. Satellite 3. High 4. Digital Video 5. Internet
television Dish Definition Disc (DVD) Access
service Television
I. In the next 12 months, I will purchase:
Dyes
no%
BO%
60%
30%
30%
40%
20%
0%
t Cable 2. Satellite
television Dish
service
3. High
Definilio n
Television
4. Digital
Video Disc
(DVD)
5. Internet
Access
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SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (2 of 6)
J. My household would watch
o don't know 0 yes 0 no
1lO%
73%
80%
51%
53%
57%
60%
40%
20%
0%
t Locally produced 2. City Council
programs meetings
3. City government 4. Educational
& community programming
programs
K. My household would like
o don't know Dyes Dna
'DO%
80%
73%
7
60%
47%
47%
38%
40%
40%
40%
1%
20%
0% .
t More cable
television
channels.
2. More music 3.HDTV 4.Aprogram 5. Hi-speed
channels. programming blocking service cable internet
access
6.Catv local
emergency
messages
L. I support the City and catv operator working together
to develop high-speed cable internet access
o don't know 0 yes [JI no
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Appendix F.13 - CATV Exhibit 3 Charts
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SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (3 of 6)
M. My future needs and interests are
satisfied without any changes
o don't know 0 yes III no
t'~~
[ . i ,........-
~
N. Willingness to Pay for Additional Services:
1. local News, Arts, & Sports Programming
1l0%
73%
80%
60%
40%
18%
20%
0%
unwilling $'Vmo $3/mo $5/mo $1l/mo $20/mo
N. Willingness to Pay for Additional Services:
2. City Government, Community Programs
I
I
I
I
!
1l0%
83%
80%
60%
40%
13%
20%
0%
unwilling
$'Vmo
$5/mo
$20/mo
$3/mo
$1l/mo
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Page 14
SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (4 of 6)
I
I
I
I
I
I
I ::
N. Willingness to Pay for Additional Services:
3. Educational Programs & Curriculum
.
1l0%
79%
80%
60%
unwilling
$'Vmo
$3/mo
$5/mo
$1l/mo
$20/mo
I
I
J
10%
N. Willingness to Pay for Additional Services:
4. Ten Additional Catv Channels
1l0%
80%
53%
.
60%
40%
20%
0%
unwilling
$'Vmo
$3/mo
$5/mo
$1l/mo
$20/mo
!
i
______J
-------,
i
I
!
N. Willingness to Pay for Additional Services:
5. Ten Additional Music Channels
1l0%
77%
80%
60%
40%
12%
20%
unwilling
$'Vmo
$3/mo
$5/mo
$1l/mo
$20/mo
______J
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SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (5 of 6)
N. Willingness to Pay for Additional Services:
6. High Definition Television Programming
1l0%
78%
80%
60%
40%
20% 9%
0%
unwilling $'Vmo $31mo $51mo $1llmo $20lmo
N. Willingness to Pay for Additional Services:
7. Program Blocking Service
1l0%- 88%
80%
60%
40%
20% 7% 1% 0% 0% 0%
0%
unwilling $'Vmo $31mo $51mo $1llmo $20lmo
N. Willingness to Pay for Additional Services:
8. High Speed Cable Internet Access
1l0%
80%
57%
60%
40%
11%
20%
0%
unwilling
$'Vmo
$51mo
$20lmo
$1llmo
$31mo
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Page 1 6
SUBSCRIBER FUTURE NEEDS AND INTERESTS CHARTS (6 of 6)
N. Willingness to Pay for Additional Services:
9. Local Emergency Alert Messages
1l0%
80% 68%
60%
40% 24%
20%
0%
unwilling $1'mo $3/mo $5/mo $1l/mo $20/mo
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APPENDIX F.14 - CATV SUBSCRIBER COMMENTS (as submitted)
Page 1 7
CUSTOMER SERVICE
Customer Relations
1. We have been satisfied with our cable television service for the most part. There are some things that we would like to see changed,
however.
2. I am not a happy subscriber.
3. They have changed a lot this year
4. Their customer service is not friendly toward customers.
5. When we moved to our new house northland cable refused to provide cable service to our neighborhood, though they provide it east and
west of our neighborhood. I think they are too lazy to get out here and get us hooked up. We went with Dish Network
6. We are so dissatisfied with Northland
7. Whenever the topic of cable comes up, the comments are always negative
8. I found the cable customer service personnel, to be severely under trained. My sincere question was met with sarcasm and belittling
backtalk.
9. I was 5 minutes late for an appointment with the cable technician and was then told that I would not be able to have him back for almost
2 weeks, even though I could see his vehicle parked about 2 blocks up the street.
10. Our cable company doesn't care for the opinion of its' customers. The company has a stranglehold on the general public and could care
less if the customer is satisfied.
11. It would be great if they had employees that didn't lie just to up grade
12. You did not address the ongoing arrogance, hand handed approach to programming and overcharging that this supplier indulges in.
would prefer that you put the service out for bid and get rid of these people.
13. This system is not reliable, does not respond, picks its own wants, ignores client needs.
Customer Information and Notices
1. We would like to see more printed monthly guides for digital cable subscribers. It is hard to plan program viewing in advance without
printed material to look at for all those extra channels.
2. Didn't like them changing channel lineups after we had subscribed for certain channels and lineup
3. Print channel listings in numerical order. Channel 31 is not listed in line-up.
4. Is there any way to lineup channels by category
5. Give us the channel by number in numerical order. Channel 8 is worthless.
6. Basic is listed as 27 channels ... adding in Ch 3 I counted 26 channels in the TV Guide from the local paper.
7. I wish that cable would make sure that the paper has all their channels listed. Channell 0 has been different for months, and yet the
paper does not list the scheduling that is actually broadcast.
8. We want the TV guide to reflect the current programs current for that week. We need more channels like the major metro areas have. WE
all need the local news back
9. Northland Cable could better use Ch 3 as information channel to announce upcoming channel changes, rate increases etc. repeatedly
over period of at least several days/2 weeks so that everyone (shift workers, commuters etc.) could see them.
Business Hours
1. Insensitive business hours for those who work. Need to be open later than 5pm at least a few days of the week!
2. I would like to see Saturday or evening until 6 PM office hours.
3. When outage happens: No place to call and correct after business hours.
Billing Procedures
1. Northland Cable TV keeps checks too long after payment has been submitted before they deposit my check.
2. I'd like to be able to set up an automatic payment for my account, or at the very least, I'd like my bill to get to me sooner. At least a
week sooner.
3. Would like a return envelope with bill. Sometimes shows listed don't agree with what is on."
4. When the bill comes out let it reflect the price we are quoted instead of a higher price on the bill.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 1 8
SERVICE QUALITY
Picture and Sound Quality
1. Poor viewing and programs - Wavy streaks at times.
2. Not pleased with reception on channel 5.
3. We tried Digital TV and that was not easy enough to use and noticed no difference in reception."
4. Why does Channel 4 come in with so much "snow" in it? We watch this channel a lot and are very unhappy about the way it come in. All
the rest of the channels are fine.
5. I've subscribed to cable TV all over the country, from coast to coast. This system has the poorest quality reception while charging the
most money of any system I've ever had.
6. Bad reception on to many channels.
7. Re: picture and signal quality. Something needs to be done about channels 4 & 5. Sound quality on channel 4, drives me nuts.
8. The picture quality I have received has always been lousy. The repair people tell me they hope to correct this soon. It's been ten years
of promises without changes.
9. Sometimes 4, 5, 7, have a lot of sparkles across parts of the screen.
10. We get snowy lines on ch 4, 5 way too much of the time.
11. I lose your signal as soon as I put 23 on. Its the only good station you have.
12. We have had our disappointments with Northland Cable - mostly regarding quality of service.
13. Channels 3, 4, 5, 6, are consistently snowy. We like to watch Good Morning American on Channel 5. Sometimes its crystal clear most of
the time its not - we have had the cable company out 2 times and they say there is nothing they can do.
14. Interference by shaky picture and cutting into program, sometimes with lengthy periods.
15. Picture quality is often poor on some channels all thru the year. It may very but there's always so
16. I think $40.79 is plenty to pay. Continually dissatisfied with picture quality of some channels (4, 5,7,9 etc.) and BC channels.
Outages
1. The outages are much more frequent and the programming much worse.
2. Our main complaint is that the service goes off on a seemingly daily basis. Usually right in the middle of a good show!
3. Then there were the poor quality of pictures on many channels and the frequently interruptions in service.
4. We are dissatisfied with the quality of our cable. It is always going out 'on different stations. lately the stations have been checker-
boarding out and when you call for explanations they always give some poor excuse
5. Outages - 2 or so times a month. We don't watch much TV because the selection is so poor for the price.
6. I no longer have cable because channels were always being changed without public input and the price kept going up without increase in
number of channels. Too many news channels were added. Also, when every we had a storm, the cable would go out.
7. There should be financial consideration for allowance of down time of outages.
Technology
1. Digital service would be more attractive if one could set up tape recorders to tape different channels. Not every program I want to see
during the day when I am at work is on the same channel. Why not develop a digital system that does not require a converter
2. With the new digital cable service, we can watch cable on only one TV in the household. The remote control is a hassle and very slow in
changing channels. And, we can no longer record cable programs to watch later. We are very dissatisfied with this service
3. Disadvantages of digital channels kept secret. You cannot record programs while out.
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F;~.:~;>i~~':;;!\::<:;~;~?'~{~;'~i~_;-':'-_'_'~;' :j{:?j~,~~,~;:4tt~~.;r: ';-'!M_".1:
Appendix F.14 - CATV Subscriber Comments (assubrnitted)
Page 19
.
RATES
Senior Discounts
1. I have never heard of any discounts for retired people &. I have been retired 3 years. I want money back.
2. I have never heard of a discount for retired or disabled.
3. Am unaware of a discount for retired people. Have never heard of such a thing.
4. I was not aware there was a discount for retirees until I received this survey.
5. I inquired once at the city regarding retired/disable discount and the information regarding income was wrong. What is the current
income level? How old/disabled does one have to be?
6. What about the senior citizen discount? Never heard of it.
Basic
1. I am in Basic Budget tier at $21.99, and am unhappy because they have cut out and re-arranged channels that were available.
2. We feel we are paying too much for basic cable television. A few years ago ME was part of the basic coverage and we no longer have
that. We are extremely disappointed that we would have to pay for the next level of coverage in order to get UVE C-Span
3. I canceled my cable service several years ago because of intense dissatisfaction with continually rising prices for basic service and
increasing discontent with programming available
4. The basic rates have increased too much for the minimum services we receive. We should be receiving more channels and be paying
less. There is no competition in cable TV, consequently they can charge as much as they want.
5. Northland is getting too expensive at basic level service - Need to have a very basic level of service. Also need to include the Canadian
Stations again.
6. Basic TV is too high priced for what we are able to watch (2-13 channels). Some channels omitted but same price and programs have
been repeated 1-4 times. I do get a senior discount but not satisfied. Too many reruns and sports
7. I think it's ridiculous that the cheapest cable service available is $31.95 a month. I'd like to have the option to receive just the local
Seattle stations (for example ABC, CBS, NBC, Fox, and PBS) for no more than $10 a month, preferably even less
8. I would like to see service available for around $10.00 monthly that would give you the broadcast channels only. Channels 2, 4. 5, 6, 7,
8, 9,10, 11,12,13, 22, KONG. Bring back Canadian channels 6, 8, and 10
9. I am currently still getting the Economy package as I was grandfathered in for which I pay $21.99 a month. I would like to get a few more
select channels but not at the price they want for the next level of service
10. It costs way more than most other areas in Washington State to subscribe for basic cable on the peninsula. For Example, Lacey, Wa
offers basic cable for $1 5/month.
11. I have the grandfathered ultra basic service at $21.99 per month, and my responses above should be considered accordingly.
12. My "Economy Basic" is no longer offered and I have been informed I must upgrade. Though have been given no definite date. My rate
recently increased from $19.99 to $21.99 per month, though some channels were eliminated a few months ago.
13. My concerns are cost -I am retired on a very small income.
14. We are retired on limited incomes. We are concerned with the rising cost of Cable services. We find our home would require
extensive/expensive alterations to receive digital programming recently available via NW Cable TV.
15. For $29.50 per mo. equals $354 per year. That amount of money should pay for all available channels except your HDTV -Internet -
DVD - High Definition TV! You are gouging the public.
16. "Northland has taken several channels out of basic tier (A&.E, Fam, TNN etc) and put them in a higher priced tier.
17. The quality of the basic services channels keeps going down and the cost keeps going up. It is easy to see why so many people are
opting to put their money into satellite dishes.
18. We pay too much already, @ 29.99/mo compared to friends of ours in Victoria with Shaw Cable TV with more channels at less $.
19. My principal complaint is that we have no low cost service option. Because of our geography we must have cable for the most basic
channels. I would like to get to channels 2-13 plus FM reception for $10 - $15/month.
20. I have lived in PA for 1 1/2 years and have experienced an increase of over 30% in "Basic Service" from $18 to $28 with a change in
some channels but not an improvement in selection. I now have "Expanded Basic" and am considering going back to Basic
21. I used to have the economy basic service. I found that several channels were repeats, so the total number of channels weren't that
many and for the price charged (almost $30), I can get direct TV with 40 channels plus the 3 local stations for $26.
22. I understand this is a small market, but in Colorado (where I recently moved from) the cable service that was provided offered
approximately 60 channels with expanded basis, and only cost $28.75/month. Basic channels that I miss are: FX, Comedy Ch
.
.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 20
Value
1. What is the .04 other charge every month?
2. "We pay more and have less - that is not right.
3. Price has been going up while quality of programming has declined.
4. Most of my family lives in the Portland, Oregon, area. For their cable services they spend less and receive more channels. Lower cable
service should not be a downside to living in a smaller community.
5. The product offered by Northland Cable is poor at best. In comparison with offerings in the Seattle area, we pay the same price for a
fraction of the channels. There has been an ongoing practice of removing popular channels from the basic tier
6. I am elderly and easily satisfied with whatever is offered on Cable TV, but I feel like the rate has gone up while the numbers and quality of
program has not.
7. Pay more and more money for fewer and poorer channels.
8. Northland Cable can get away with anything they want to. They take away good stations because they have raised their price and give us
something no one wants
9. Seems as ff NWcr raises rates every time they re-do the line-up, while deleting channels we mostly enjoy, e.g. ch 16, ch 10, etc.
10. Rates keep increasing at any discretion of Northland. Programs seem to decrease. Question value received for rates charged.
11. My objection to present cable service centers on the manner they continue to raise rates while decreasing the service. When I signed up
for cable TV the channels which I enjoyed, CSPN, A&E, etc. have been moved off my contract. I resent this
12. All we see is the price going up - poor selection, movies shown over & over. For a few dollars more we could get 100 more channels
13. I think we pay a high price for what we get in return. I'd like to see Disney added to the Expanded Basic service at no additional charge.
I'm considering going to a satellite dish so I can get it all and pay less, but would be willing to stay with cable
14. There should be no "tier". All subscribers should have the same access to all non-premium channels. We have had our Canadian
stations taken away. I miss them. These channels gave us an opportunity to see programs at a different time and with much bet
15. Too little for too much.....rates continue to rise and good channels keep being removed. Need local news back......sent us to purchase a
dish.
16. We just called Northland Cable and cancelled our service with them. We were fed up with sub standard cable, and paying higher rates
than anywhere I have ever lived.
17. For less than $50 a month, a person should be able to access local, network and other telecommunications products RELIABLY.
18. I am willing to pay a fair fee for service.
19. My children in Bellingham and Seattle pay less and get much much more: More channels, better service
20. We pay too much for what services we get already, however if current prices could be maintained and additional services added then I
would be satisfied.
21. I am peeved that they keep raising the rates
22. Rates are too high already
23. I would like cable TV for $25/mo with the feature that the cable TV company only had to provide me the channels I want. I would be
willing to submit to choosing about 1/2 of the number of channels they pipe in my house now.
24. This cable company has repeatedly proven itself to be unreliable and manipulative of the pricing structure. Complaints to the City and the
local company went unanswered. The parent company didn't return calls.
25. Why is cable so expensive, in other cities more channels are offered and it is cheap
26. Northland is outrageously overpriced for channels and service provided. Seattle gets over 20 channels more at $5 less a month.
27. When Northland took over in 89 they said they were not going to raise the rates but the first thing they did was just that
28. Cost of services has exceeded inflation rates, yet value is less
. 29. We cancelled our subscription to cable tv over two years ago because of the continuing rate increases and shifting of channels to higher
premium subscription rates. We simply had enough of the monopoly and are now reasonably satisfied with our antenna
30. I think we pay way too much for what we get
31. When we moved to PA in 1989, we paid $17.30 per month for the TV. It is now 42.79 - quite an increase.
32. Why do I receive four (over the air) UHF channels with my antenna that the cable company doesn't broadcast? for free? Do they really
care about this community?
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Page 21
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Value
33. We are very unhappy with what we get for the money. We should no.t~eC~:~R~red to Seattle rates--this is the only game in town.
34. Very dissatisfied with the local cable service. Channels are implied and pr6mi~ed (e.g.: the Sci-Fi Channel that was advertised and never
came) and the rates go up with little increase in service or product.
35. I am not a cable subscriber. The service is too expensive for the services provided. There should be a more basic package available so
we're not paying for what amounts to junk.
36. We pay a set amount of channels/month & have seen many disappear, only a few have been replaced but our fee has never gone down.
Why?
37. Rates keep going up for no additional service. What's that all about? To increase service/buy new equipment/improve quality of existing
service? No evidence of any of that.
38. I think our cable tv is too expensive. If dish systems get any cheaper, we will switch to that.
39. We really could not afford any more per month as we are retired.
40. We had many more channels/programs available with Tel/AT&T for a less expensive price where we used to live in Snohomish County.
We are not complaining about Northland but naturally would like the most for our $$. We normally watch (evening) TV
41. I think the monthly charges far too high!
42. They keep raising the rates
43. I think we should have more channels for the money we are paying.
44. And last of all please lower the rates.
45. Rates are too high.
46. February 2001 charge: I can only get digital Onemax on TV because of required box. I didn't want digital but had to, to keep Onemax.
Rate went up $2.00 per month.
47. I think that Northland Cable is much to high priced compared to other cable business in other cities and states.
48. Some of this I didn't know how to answer but the rates are getting so expensive I don't know how long I can keep this. I have a very
limited income, but with my disabilities I rely on TV a lot. I think there are too many news channels
49. The cost is too much now; I am looking in to a Dish that cost less and gives more. Northland does what it wants in this city and gets
away with it. That is why more and more people are going to dish.
50. Expanded Basic (39 channels) should all be digital for $50 or less.
51. I object to the increase in rates from $23.95
52. I pay for channels I don't need or even want. I would like to select my channels and not be forced to pay for channel
53. Cost is too high! Regulation is a must!
54. They raised rates and provide less service. Would like better music. Ch 9 is the only one with classics.
55 In my opinion we shouldn't have to pay for Channels 3, 8 & 19. They are advertisements. NOT programs for entertainment! ONLY!
56. The monthly charge for the poor programming is far too great at the present time.
57. We have no complaints about the quality of the picture or other services provided by Northland Cable; however, we think their fees are a
rip-off! We pay almost $42.00 a month for the Ultra Basic cable
58. The fee is already too high.
59. I think the cost is already too high for the stations we get. Many of the channels listed under standard basic we can get them free. They
have it so you must buy almost everything they offer to get what you would really want to watch.
60. In my opinion, Northland is going to force many retirees off cable with their too frequent rate increases.
61. Price already high.
62. I don't want to pay any more. Low income. I don't need any more television stations. Am satisfied with what I have. Am only living on a
small income and paying for my house yet.
63. In 1997 we completed building a new home. A TV cable was laid underground with the utilities. The house was wired for cable TV. It is
now 2001, 4 years later and I have and will not be hooked up to Northland Cable. They charge too much
.
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PROGRAMMING
Quality
1. The addition of KONG 6 is a waste. It carries a hodgepodge of programs. Channel 27 CNN, is one of the most watched stations by most
retired. A Northland worker told me that they use 27 as their test channel and that is why the station is interrupted
2. To many good stations have been taken off and replaced with bad, worthless programming.
3. Should be more stations like channel 9 with decent programming. Most of the other stations are too full of crud to be interesting.
4. Adding more channels would not appeal to me if the type of programming is the same--and that is not Northland's fault! Sex and blood
and sex and low comedy are not my cup of tea! Unless one watches sports that's just about all you get--except talk shows
5. My answers regarding increased TV watching assume that an incredible transformation occurs and the quality of cable and network
broadcasting improves. It's really pitiful right now...
6. The majority of channels offered are not what I would prefer to watch.
7. As price has increased, the quality of the offerings has, at least to us, decreased. Example, elimination of History channel. It also appears
to us that we are paying a high price for rather limited offerings.
8. Now the offerings are loaded with sordid stuff e.g., violence, language restraint gone, 11 to 13 "judge" shows every day
9. Please, less hours of 'paid programming' what a waste of time. Give us back channel 28 - what used to be A&E. More quality,less
quantity.
10. Quality is the answer not quantity.
11. The quality of the basic channels has deteriorated over the past few years. "Junk" stations like KONG, QVC, Ed. and govt. channel, Ch. 3
(TV guide used to be on Ch 3). We have lost A&E, USA and 2 Canadian Stations.
12. I cancelled my subscription to Northland Cable last year because I was very dissatisfied with the programming offered and what I
perceived to be higher charges for fewer available programming, i.e., the programs offered initially were moved to a higher tier
13. Poor value for the customer. Few channels for too much money.
14. I would have subscribed to the digital package, but the additional channels offered were of little or no interest to me. I feel the line-up of
channels that Northland offers is very limited.
15. The number of channels is dropping and rates are going up --less value even if rates didn't change. Fortunately, channell 0 (Canada)
is available with rabbit ears.
16. The TV we receive is a disgrace - We were better off with rabbit ears and we could get, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 - and the programs
were good, not trash. The fee I pay is about $1 per day, and we get $100 worth of advertising and programs.
17. There should always be a good program selection for a reasonable cost. Please!
18. I am disgusted with diminished service at higher cost.
19. Out of the six different cable systems I've subscribed to in the previous places I've lived, Northland provides the worst channel selection
for the highest per-channel price. Northland does not provide many of the channels I would like to receive.
20. Cable Company needs to allow subscriber to select the channels they want to receive and then pay on the basis of the number of
channels selected. Right now we must accept package as is or else!
21. Our current cable subscriber continues to increase prices and decrease the amount of cable channels you receive for the higher price.
Most channels we pay for are either infomercial, one of several news channels, or a similar duplicate of another channel
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Page 23
Content
1. Please! Please! Give us back the Canadian Station's. We need more CULTURE.
2. Get back the Canadian channels
3. Bring back good Canadian channels (6, 8, 10)
4. My biggest problem is the taking away of Canadian stations, such as Channel 6, and also Channell O. I enjoy figure skating and this
weeks worlds are all messed up because we don't get channel 6
5. We were quite disappointed when the Canadian channel 6 was taken off, and Kong lV from Seattle put in its place"
6. I am furious with the loss of Canadian Channels.
7. I want Canadian Channel 6.
8. Ch 6 Canada
9. Bring back Canadian channels 6 & 8
10. Bring back CHECK 6 (Victoria Channel)
11. Victoria has local interest greater than Seattle. Example - News and weather closer to Port Angeles.
12. We watched Canadian channels 6 and 8. Very dissatisfied with replacement channels. our viewing time has dropped appreciably. We
also regularly watched Channel 3 news.
13. Please return Canadian Channels 6 and/or8
14. At times there seems to be little on worth watching, but I doubt if that is the fault of the cable company. However, I want channel 6
returned to the lineup.
15. They took off Canadian channels 6 & 8 - which had all the wonderful champion figure skating and no American channel has this cCNerage
- why won't they get it back? Also their listing of programs in the paper is terrible.
16. I would like to see CHEK Channel 6 Victoria on the cable as it is almost a local station. It would be a good attraction for locals and
tourists alike.
17. We have lost good stations, i.e. Disney, Ch 6 CHEK, Ch 10, Family.
18. Channels we would like to see added: C-SPAN 2, MlV, Comedy Central, and Canadian broadcasting (channels 6, 8, 10).
19. 10 additional tv channels. Would really like some of the 10 to be Canadian.6 & 10.
20. Late night HBO shows are vulgar and should be replaced by sports or movies (not X-rated). Sitcoms are silly and of no entertainment
value to this family. Channels 6 & 8 should be added to the basic cable.
21. I can see no reason why the cable company took away channels 5, 6-10, 15, 16, 17, & 18. 6 & 10 have been replaced with more
unneeded sports programs and old reruns. It must be cheaper for them to drop the four. Why were our rates raised then?
22. Taking the news off the air. I watched it every day. Replacing channels 6, 10 & Family with junk.
23. I want channels: Lifetime, A&E, return of Canadian channell 0
24. There are too many news and gov channels. They took off the Canadian channels and never replaced them with anything decent. Every
time they change, it's never for the better. How about Animal Planet and TMC? For what we pay, we don't get the variety
25. They keep "improving" things by removing channels we enjoy and putting garbage like KTZZ in their place - Over the past few years they
have removed A&E, Family, Headline News, Lifetime, Nickelodeon, TNN, USA and the Canadian Channels 6, 8, & 10.
26. We opposed the removal of the Canadian channels. We would like the return of the Canadian channels which have been removed.
I would also like to have the food channel and the weather channel. If the prices get raised again, we will have to go to a dish
27. I would be very happy if the Weather Channel and CSPAN2 were on Northland Cable. Also, I'd like the Canadian stations back. Thank
you.
28. I do not have cable at this time and stopp~d in October. I believe they are to high price when you put it against the dish. They seem to
have a lot of sports and got rid of the Canada station
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Local News
1. I would like the local news and the Canadian stations to be back on. I do not like CSpan on ch 3 because I cannot get the weather info in
the evenings.
2. The local news program was very interesting and important to us on the peninsula - we have no coverage from anywhere else and
Dennis and his crew did a good job keeping us current.
3. Bring back local News!
4. I was very disappointed when the local news was discontinued. The major reason I subscribed to cable was to have access to Northland
Cable News. It was almost immediately discontinued. I do not think it should cost more for the local news.
5. Bring back the Northland Cable News program.
6. Without the local news and access to City Council meetings, I might as well join the Dish network. If the NC response to the survey
doesn't indicate a timetable for those two, that is exactly what I will do.
7. I miss the local news program we did have with channel 3 - A & E and TCM as part of the basic group.
8. Isn't it part of the responsibility of the cable company under the terms of its franchise to provide local government access programming?
If not, it should be!
9. Would like Channel 3 news back!! Why isn't Odyssey (10) listed above where it would be easy to find? Our channels would be easier to
find n they were listed in order by number.
10. I would like ch 3 returned as it was Dennis did a great job. He brought the local activities to our home via cable. As a "frail" lady over
80 I cannot get out and about.
11. If you are going to provide local news it needs to have more publicity so that we are aware of the time. We didn't watch it when it was on
previously because we didn't' think of it.
12. Change channel 3 back to the other music they had before (I don't watch it at all now)
13. Bring Dennis Brag back for local news.
14. You cancelled Canadian TV, scrambled all the channels, dumped Dennis Brag, and upped the rates. I switched to Satellite when you
dumped Dennis - there was no need to continue the frustration at a higher price.
15. Lack of a local news program is greatly distressing, and the rationale given by management at the time was poor: "it didn't make
money". In fact, it is one of the only reasons we have cable, and n UPN is ever available on satellite, we would probably drop cable
16. I am very unhappy that Northland Cable keeps changing what is available, without improving anything. I am very upset that the Ch 3
news was just done away with - it was a program that I watched on a very regular basis.
Sports
1. On the west end we would like more channels to include the local (Seahawks, Mariners, etc) sports games.
2. The recent northland decision to shortchange us in respect to the number of mariner baseball games that we will be able to see was the
final straw. without asking for comment, northland (aka hooterville cable) has decided for me
3. I am a faithful Mariners fan and I am very dissatisfied with sports Ch-FSN for not televising the 104 Mariners games as they were
scheduled to. I can't understand why certain areas can't televise the Mariners games
4. Included an article with survey noting that Northland Cable does not provide the Mariners games
5. Have cancelled cable due to limited sports channels, mainly FX.
6. Currently, sports is consuming good channels where I have favorite programming which is bumped for basketball. Please put sports on
a channel that will not disrupt viewing by the many people who do not like sports on TV.
7. Our only interest in sports is hockey, other than that my wife doesn't watch television. I may watch an old movie now and then or
something on A&E , Disc. Hist. or TLC once in awhile. The rest of the programming has nothing that is of interest
8. No children & don't follow sports, to many sports and children's shows.
9. We appreciate your caring service. I would love to see ESPN classic sports channel and the Madison Square Garden channel, tennis
channel added.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 25
C-SPAN
1. The only additional channel we would like to ~ave i~ C-SPAN II. It is ?8R~ gprnted, and a community with such a great library should
have a complimentary book channel. Reading is one of the main forms of recreation on the Peninsula.
2. Until a few months ago, Northland provided c span, which covers all us house of representatives sessions and many other matters of
public interest in its lowest cost service, std. basic. Then, it moved cspan to 44, expanded basic., contrary to the public.
3. Make northland provide cspan in the cheapest tier. Make northland provide cspan-2.
4. I am very disappointed in action by Northland Cable 1V in taking CSPAN off of basic rate of $29.95 and extra $2 per month and forcing
as subscriber to pay an additional $10 per month to get CSPAN in daylight hours.
5. Why is CSPAN on channel 3 when it is already on channel 447
6. Disappointed to have lost A&E and CSPAN!
Music
1. As you can see our family is incredibly dissatisfied with the current service. The fact that there is no other music channels besides 2
country western stations is completely ridiculous this is the 21 st century
2. Would like to see VH1 & M1V back, not all like country music channel!
3. The most annoying thing about the cable to me is the lack of music channels like M1V or VH 1. I would be willing to pay perhaps five extra
dollars per month for these channels
4. Would like M1V or VH1 instead of Country Music.
5. About Music channels: What they call music on 1V is not what I call music.
6. Music on ch 3 is terrible. Don't like chamber music or rock or jazz. Miss FMC channel.
7. Our kids were unhappy about zero music channels - Country Western does not count! We had Disney as a Premium channel and then
they dropped Disney as an option.
8. Northland's selection of stations is terrible. The country music 1V channels are wasted channels. The Weather Channel...one of the
most popular in the country and a subject very important to the Peninsula needs to be a part of our Basic cable.
9. I had ultra basic service, and one of my most enjoyed channels TNN Nashville Network was removed from that tier. I complained, but to
no avail. "
Customer Input
1. Why do we have absolutely no voice into selection of cable station content 7"
2. My biggest complaint with Northland is that they make changes to the programming lineup without any customer input to the process.
You take what they have to offer, or you do without.
3. The basic cable service does not provide the viewer with any say in the selection of programming. There should be options within the
parameter for the basic service. There are channels that provide nothing right now - channels 3, 8,17,18, & 21.
4. We have never had a service problem so I can't judge them on this attribute. My frustration is that the consumer can't buy just the
channels that they would like; i.e., you have to buy a prescribed package of channels. We buy the minimum package
5. We would like to be able to pick our own 1V channels to watch. Not have someone telling us what we are going to see, and what price
they think we should be charged.
6. I have had no trouble with the cable company. There has been times they have taken away channels and substituted others or have not
substituted any in their place. Which I do not think they should have the right to exchange channels without permission.
7. I have not been happy with all the changes and I'd like to have had some say in the changes.
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Page 26
Channel Substitution and Elimination
1. I don't like Northland cables practice of taking popular programming and either eliminating it (without any reduction of rates) or moving
the popular programming into a premium package (without any reduction of the rates)
2. I did not like the deletion of channels that I like (i.e. Family channel) and the addition of ones I don't care that much for, and then raise
the rates at the same time. "to serve us better"
3. Provide channels people watch on the expanded basic i.e. history, nickelodeon, life time, usa and all the others they have taken away in
the last few years. Instead of taking away and charging more maybe they should try to offer more for a higher price.
4. I hate that every time we get a good program like discovery or Disney they put it in a higher category and charge more. I would like
EWTN which is free to you. It is from Birmingham AI. and is Mother Angelica. We have begged for it many years
5. Channels removed or raised to another level are wrong
6. My greatest objection is the way Northland deletes stations and replaces them with inferior ones. They have taken away USA, the
Nashville Network, Lifetime, and probably others. Then in return, we have KONG (well isn't that a bunch of junk), Odyssey, KT
7. When you have taken off channels (ones we like) you substitute ones that are "no good"
8. Quit dropping channels that are good for bad ones, e.g. dropping the fox family channel for the odyssey channel. Add VH-1 so us people
that do not like country music will have something to watch in that area. Add something that people might like to watch
9. We get the basic channels. Northland continually discontinues the good channels and substitutes ones of no interest to us.
10. It makes me mad the way the company keeps changing all the programs. As soon as you get used to a new program you drop it and
then you have to pay more for your service.
11. Northland Cable TV has continued to change the cable line up. Removing programming that customers like from the Basic lineup so that
we have to pay more to obtain the programming we like or have become accustomed to.
12. Many of the channels for which I joined cable initially have been taken away, MTV &. the Disney channel specifically. &. yet the monthly
service has climbed steadily over the years with less offerings. Not many people want the history channel or old movies.
13. Quit taking away channels and then charging more. Last year the Mariner games were on channel 31, why aren't they this year?
14. Unhappy about losing channels 6, 8, 10, 17, 18. Take channels away from us and rose the prices. Do not like Ch#s being the same as
channel 44. Do not like that they took the weather report away from #3 at 8:00 PM and leave it off all night.
15. Northland's franchise should not be renewed without the promise of immediately adding VH1, E, MTV, IMC, CMT and channels typical of
franchises serving similar cities to PA (example: Cox Communications of Humboldt County, Calif.) -- at no addition
16. What BUGS me most of all is losing channels (Family, Disney, MTV) with no compensation or reduction in rates! Right now I'm on the
verge of dropping cable altogether like dropping Family channel was the straw that broke the camel's back!
17. Very strongly dissatisfied - when we got cable we had channel 6 &. 1, these were taken away. Rates did not lower, in fact they were
raised twice without notice, (when I confronted Northland about hikes they said I was notified).
18. Northland Cable continues to drop channels yet raises prices.
19. We're generally not pleased by the continuing decrease in channels availability and the continually increasing cost for what we receive.
We're considering a satellite dish, but surrounding trees may prevent making the switch.
20. I'm not interested in more channels as much as I am with an improved selection of channels. Northland has continued to withdraw
quality television (Disney, MTV, Canadian stations) in exchange for weak and probably cheaper programming.
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Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 27
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Subscriber Preferences
1. Northland Cable does not offer the channel selection that other cable companies give their subscribers in similar sized cities. Years ago,
NC took away MTV. I do not watch MTV, nor do I want MTV. But the fad is that NC took it away
2. Channel 3 and Channel 8 provide no real services. Do we really need 57
3. Dump PA channel.
4. Dump Olympus, which seems to be nothing than tired reruns of soap operas. Its schedules and programs are a mystery, including the
newspaper tv guide.
5. Not watching Country Ch 36
6. Not watching Fox News Ch 23. These could be eliminated.
7. Would like the weather channel added.
8. The weather channel would be nice.
9. It would be nice if repeated channels (in the digital channel range) were replaced with new programming (like the Weather Channel,
Animal Planet, and the Comedy channel).
10. Would like to see MSNBC back, don't like Fox news channel
11. Headline news changed to ch 96, poor viewing at times.
12. I think A&E and Science channels should not have been removed from basic tier. Billing keeps increasing with no added service.
13. It's not that I don't like what our local cable television has to offer. But, most of the middle section of the cable, I don't use, because it
has to do with sports or news, but I have to buy it to get the next level up so that I can get the channels I desire.
14. Channel selection does not seem to adequately serve the demographics of the area. If paying for the digital package, you end up getting
repeated channels which are already available on expanded basic package.
15. Way too much advertisement on Cable TV,
16. Why is there nothing on Channels 14-187"
17. Currently, Northland doesn't offer some of the channels we wish to receive (VH1 or MTV), and if I went with their digital service and get
the one channell want on that (Sci-Fi), it is not worth an additional $B.OO/month with a bunch of game show channels
18. I would really like to get The Animal Channel.
19. I would like to be able to receive adult programming. With the new digital cable parents can set system to require a password in order to
access specified channels so that part should not be a problem.
20. Include PaxTV and HSN in the lineup.
21. Would like to get additional stations like History Channel. Compared to other cable providers in other parts of the country, I think we
already pay too much for the poor selection we have. Others pay comparable prices, but get two or three times the amount
22. Bring back Fox Family, Chek and Global.
23. Bring back the Family Channel- the basic had the Disney channel, then the Family Channel and both are now gone
24. Would like Game show TV station - Reg channel, Odyssey, Animal Planet
25. I have been VERY displeased that Disney Channel is not available and VERY displeased that channels are changed around so much. Our
rates go up anyway. I don't understand the problem with televising all Mariner games
26. Too bad they don't provide Disney.
27. I like arts and crafts but I don't like the crazy little nun and her art tours. She is kind of demented.
28. Add channels in particular a Spanish Language channel (SPAN) to Port Angeles line-up. (Expanded basic). Enough Latinos in area to
justify it and many non-Latinos who are interested. How about something for the minorities! Forks has it.
29. I would love to see "TBN" offered on our local cable system. This very fine Christian channel would fulfill the spiritual needs of local
residents on the Olympia Peninsula; for many shut-ins in our community, that is the only "church" experience they have
30. I would like to see the channels we used to get but have now been moved from basic
31. Not enough variety in selection.
32. Since I first subscribed to Northland Cable 12 years ago (basic), channels have been eliminated
33. I'm alone and enjoy the programming I have now.
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Page 28
OTHER TOPICS
Internet
1. High speed internet access is a major need in this community. I feel we should also have access to the Weather Channel.
2. I do not currently have cable tv. I would be most interested in cable internet access.
3. I've been waiting eagerly for cable internet access... I hope that will happen soon!
4. High speed internet access is a must for PAl
5. We need high-speed internet connections NOW.
6. Please high speed internet access and community news and cultural, sporting events!
7. We would be interested in high-speed Internet access.
8. If one didn't have to pay $40 a month for 43 channels just to get 4, 5,7,9, 11 & 13 in this area (without which one can only get 2 1/2
Canadian channels), paying a little more every month for internet access and local emergency alert messages would be OK
9. Not all of us want or need the latest in sound and picture developments or Internet hookups, and should not have to help subsidize the
bill for those who do.
Competition
1. My only comment is that it would seem a good idea to offer some competition to Northland Cable. Being the only option in town besides
satellite seems to give them an unfair advantage.
2. I am outraged that there is no competition here because other areas where there is a choice, offers better service at lower cost.
3. We need other choices of providers - Northland has too much control. AT&T, Qwest?
4. I feel that the city of port Angeles needs more than one cable company
Competition/Programming
1. We have cancelled our cable subscription as it took away educational programming. We enjoyed watching in the basic tier and charged
more money for less services. Another cable company added to the area would provide needed competition
2. I would like to have a choice of cable providers. Service and quality improves with competition.
3. We need another cable company for competition so they won't run around and remove good stations and add stations that they think we
want, but don't. It just gives them the right to raise rates on stations that we don't want.
4. I feel that the current cable company is nothing but a monopoly. I was upset when they did away with MTV, I didn't watch it but I think
others should have the right. They now have taken more sport channels away and put in more infomercial channels.
5. Bring back the local news and Canadian stations. Northland needs some competition. The rates are too high for what is given to the
customer.
Competition/Rates
1. You charge too much for cable tv. We need more cable competition. Another cable company.
2. I am very unhappy with the monopoly of Northland Cable. We do not have choices and not all of us enjoy country music. We are
currently considering changing to satellite only because Northland is expensive and do not offer good choices.
3. I don't like the way the tiers change and I think the cost for what we receive is too high. It's time for Northland to have some competition--
so we can choose which cable company we'd like to purchase our cable from.
4. Already paying much more per channel than many other localities. It was a mistake to give Northland a long-term monopoly on our cable
service and I sincerely hope that you won't repeat your error. The company has a bad habit of moving desired channels
5. I would like to see more competition so the rates would be reasonable. I think it is too expensive for what we get and I am thinking of
going back to regular cable soon.
6. Northland Cable needs a competitor to help keep the prices down. The prices go up and channels are deleted so end up paying more for
less. On an overall rating. we are not happy with Northland Cable.
7. We didn't have a choice to have other cable service from different companies. It is a monopoly priced way out of control, too high.
8. Northland Cable is the perfect example of monopolistic greed. They have increased their rates more than1 O%/yr since they arrived. They
have increased rates even when the increase does not apply to cable TV. They sign up for less expensive channels.
9. Northland Cable TV is a monopoly and the absence of competition is reflected in the ever-increasing monthly rates.
10. Would be interesting to see what the fees from Northland cable would have been or would be at present if they had competition.
11. The city should not renew Northland franchise but, instead, open the franchise to competitive bidding and award it to a service provider
that can offer far more options at a more reasonable cost. The city also should consider operating the cable system itself.
12. In the last eight years, my cable bill has increased $9.00 a month and the number of channels has decreased! (5 or 6 channels.
including some Canadian channels) YOU MUST BREAK THIS MONOPOLY!
Metropolitan Communications Consultants
100
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'~-;sf""'Y",':~4'.",!!--'1"';~~I1\~',~,;)- "~~,,,,~~~"~~'''lf8, ~
Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 29
.
Satellite Alternative
1. Sadly, I will be switching to a satellite TV format this fall.
2. We are now committed Dish users.
3. We don't have cable -- we have satellite service
4. I have currently switched to satellite because of better picture lower rates and more channel and their customer service is great.
5. Think my case different. Got disgusted with cable-taking channels away and adding more news channels. (We can only watch one of
those at a time) & increasing the prices. I finally went to satellite
6. I found Northland to be difficult to deal with and very unwilling to provide me with service. One person was downright rude. I have since
purchased a dish and have better programming, better service and a lower price.
7. I dumped Northland 3 years ago and do not regret it at all. Their service was so bad, I jumped at a small satellite dish!
8. I have had a satellite system for over three years. Cable television cannot compare with the quality and program pricing I receive. I
receive over 200 channels for the price of 70 or so channels offered by Platinum digital. The quality is so much better
9. I was very dissatisfied with the quality of reception and rising rates for the number of channels received, so I purchased and subscribe to
digital satellite service which has 100% better Quality and no. of channels for the price.
10. We dropped Cable more than a year ago. We find the picture, sound, and service to be far superior on "Dish".
11. We switched to Direc TV about 2 years ago. Service has been excellent, and interruptions almost non-existent. Price was very
competitive with the local cable. The final straw for dropping the local cable was when they dropped all the Canadian channels
12. I now receive the dish network and plan to add ch500 to pickup local programming out of Seattle/T acoma. When this happens I will drop
the cable. I can get more channels for less money from the dish network. Also experience less day time outages on the dish
13. We are very dissatisfied with the local cable company (Northland). The quality of the picture has decreased and the quality of the
channels we get has also decreased. We have signed up for a dish
14. I am a 26 year old married female with two young children. My husband and I have opted not to have cable and buy a dish because we
feel our generation is largely ignored. We are dissatisfied that the Disney channel is now a premium channel
15. My household is terribly dissatisfied with the current programs. We will be installing a satellite dish within the next few months because we
will have access to many more channels for very little extra cost. Too much "Faith" based and sports TV currently.
16. Because of the high price of cable I am considering Dish TV, as you can get more channels
17. We switched to satellite because of the poor selection of programming provided by Northland, along with its outrageous fees.
18. I finally dumped Northland cable and bought a dish. I now get a better picture, better programming and I pay LESS!!
19. Today I am having cable replaced by dish. I was very unhappy with cable (Northland). Many of the better channels in the now $29.95
group have been put into more costly groups and replaced by junk channels. We lost all the Victoria channels to more junk
20. I have a satellite dish but also subscribe to Northland Basic in the hope they might keep their word to put back the Canadian channels
they stupidly removed. It doesn't look like they will so I will be forced to drop them and get a roof antenna
21. I would like to be able to subscribe only to selected local channels only. It would be nice to see the Canadian channels in addition to
KONG TV be in the line-up. I have a satellite dish now but rely on the cable television for all local channels.
22. I feel the Dish systems offer more viewing and listening options for the same amount or less money. What's the incentive for continuing
with cable service?
23. We have subscribed to Dishnet because of dissatisfaction with Northland's excessive pricing and limited channel selection. I would shift
back to cable service if pricing were brought into line
24. I had northland and got ride of them because I get more from rea dish for just a little bit more money think the cable company is a big
joke will never go back to cable after having a dish
25. We discontinued our cable service after many years of paying through the nose! We have a satellite dish now and are much happier with
the cost, selection and availability. We would do without TV before signing up for cable again!
26. My answers aren't really going to make sense unless you know that we dropped Northland Cable because the service was so expensive
and so limited and so poor. We now have a Dish and are very satisfied.
27. I changed from cable tv to the dish network because the cost per month was more than what I can get on the dish network with a lot
more channels that I enjoy watching, including local networks.
28. Quit Northland and switched to Direc TV in September 2000 because of NL's continuous increase in rates and decline in what they offered
for the increased costs. In 1996 my service was $32. + per month - by 9-2000 this had increased to almost $40.00
29. You cannot expect to keep in business with the satellite dishes if you cannot compete with their prices and lineup. I can get 150
channels for the same price that you charge for 56 channels
30. No longer have cable have dish get 140 channels for the price listed with Northland for 50 channels much better picture also.
.
.
Metropolitan Communications Consultants
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8/31/01
Appendix F.14 - CATV Subscriber Comments (as submitted)
Page 30
Satellite Alternative
31. I am currently disgusted with Northland Cable and am waiting for my satellite dish to be installed at this time due to the rising almost
monthly cost, constant deletion of an enjoyed channel, and juggling the channel line up all around too frequently.
32. Bought a dish due to the cost and the constant channel line-up changes. We feel we weren't getting much for our money. It was
becoming a monopoly as far as we are concerned. We get so much more from our dish! I would never have cable in this town again
33. We no longer subscribe to cable TV. We subscribe to Dish Network's basic package plus two stations that we pay extra for. We do not
receive any of the network TV programs. The network news channels are biased and poor sources for accurate information
34. Ten of my neighbors have dish TV and I will soon opt for a satellite dish. Direct TV provides 45 channels for $21.99 per month"
35. As soon as cable rates pass satellite rates I will consider switching. Some of the expanded basic channels I would not sign up for. I had
no choice in order to get the channels I want I have to sign up for the whole thing.
36. I know more and more people have gone to the dish since local cable have increased their prices and decreased the number of channels.
I have inquired about it. They could not get to me in that month, but I am still thinking very strongly about changing.
37. I turned off the cable company this year after they dropped the Canadian channels, raised rates and wasn't happy with their explanation. I
bought a satellite dish. There is just no comparison!! Northland's rates are ridiculous.
38. Recently cancelled cable after going to dish TV. We have been very displeased with the changes forced on us by NC along with price
increases for less. We enjoyed the Canadian stations and they were taken away without any options. Also poor reception
39. Current rates are in excess of the value received. For less per month I receive considerably more from the Dish.
40. The fees charged for the services of our local cable are outrageous. I can get more channels on my dish for very much less. When I first
moved to Port Angeles in the early 1980's, the local cable provider was reasonably priced.
41. With dish TV becoming affordable, cable needs to be more attractive to keep its subscribers.
42. The cost of cable has risen to where it's equal with the cost of satellite TV with no improvements to justify it. Our family will be switching
to satellite soon.
43. Current cable rate I pay is too much for what I get. I want more movies and music channels, but I don't want to pay too much more. I've
been thinking on getting a dish instead.
44. I would not pay this cable co. another penny. Over the years they kept charging more and more, then giving less and less. I have
disconnected my cable and now have satellite.
45. If cable TV rates go any higher, we will definitely go to Dish.
46. Northland Cable is overpriced and under channeled. I'm now using Dish 500. I'm very satisfied with it. 2 1/2 times more channels than
cable for the same price if not cheaper. My opinion is Northland cable won't (shouldn't) be around much longer.
47. Northland Cable is constantly increasing their charges while at the same time removing channels or placing them in a higher price range.
I am seriously contemplating purchasing a satellite dish simply because of dissatisfaction with Northland.
48. I have changed to dish network because I believe they have a better deal. I always felt like the cable company was ripping me off.
Miscellaneous
1. A partnership between the City and A private company (Northland) would be a bad idea. I can see nothing but a conflict of interest.
Z. Believe city should regulate/monitor carefully activities/policies of private company in terms of cost/benefits
3. THANK YOU for providing this survey and for all of your diligent efforts on behalf of us in the PA community!!
4. Keep up the fantastic work you are doing.
5. It is in our best interest to express our thanks for letting us participate in this cable survey questionnaire. To the best of our ability we
have truly answered as correctly as we believe how.
6. I believe that Emergency alerts such as Tsunami, earthquake, flood or natural disaster should be aired as public service without cost to
subscribers or the city. Not to include messages.
TD2
8/31/01
Metropolitan Communications Consultants
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:'f,"' ,.~;~,:,,;-_;,:,;,"?(.;t, '~<<i1~,I:~' t'~V~'ew."'fi"~-"~;"~"_'::?f'_Vf"
APPENDIX G.1S - TELECOM PROVIDERS AND USERS CONTACTED Page 31
Company Name Title Telephone e-mail
. Service Providers
Northland Cable Television Pete Grigorieff Manager 360-452-8466 pete@northlandtv.com
Northland Communications Corp. Michael W. Roberge Western Division Ops Mgr 206-621-1351 mroberge@northlandco.com
Richard J. (Jack) Dyste VP Technical Services 206-621-1351 jack@northlandco.com
Qwest Communications Jane Nishita Regional Manager 206-345-2316 jnishi@qwest.com
Fairpoint Communications Daniel P. Fine Regional VP of Sales 704-414-2527 dfine@fairpoint.com
Lynn 5cherencel 360-417-9757 Ischerencel@fairpoint.com
John Utley jutley@fairpoint.com
Century Tel Tim Grigor Wa. General Manager 253-851-1345
Jill Comsa Account Manager jill.comsa@centurytel.com
Ross Shenner Area Manager
Tony Nicholson Area Manager tony.nicholson@centurytel.com
Avista Communications Greg Greene President 509-444-4900
Karen Moses General Manager. Yakima 509-853-4010 kmoseS@avistacom.net
New Edge Networks Sal Gnquegrani Exec. Dir. Community Relations 360.693-9009
Nu Wave Communications Heidi Dunfield SVP. Business Development 541- 386-5000
Ten Forward Communications Sheldon Koehler Owner 360-457-9023 sheldon@tenforward.com
Darren Atkins Manager 360-457-9023
Olypen Mike Breen Owner 800-962-8714 billing@olypen.com
Jared Emory Broadband Design Engineer 800-962-8714
Terry Kennedy 800-962-8714 terry@olypen.com
Olympus.net Ned Shenann ned@olympus.net
. Dave Meyer davemeyer@olympus.net
Angeles Communications. Inc. Bob Jensen 360-457-4375
Excel Utility Construction Bill Roberds 360-452-1110 billwash@olypen.com
C1allam Co PUD No. 1 Fred Mitchell Assistant General Manager 360-452-9771 x235 fredm@c1allampud.net
Northwest Open Access Network Dave Spencer Chief Operating Officer 208-343-6477 dspencer@noanet.net
PA Prospective Large Users
C1allam County Daniel Gouin Central Services Department 360-417-2000 x2406 dgouin@co.c1allam.wa.us
Port of Port Angeles David H. Hagiwara Deputy Executive Director 360-417-3422 daveh@portofpa.com
Bill James bjameS@potofpa.com
Port Angeles School District 121 Steve Baxter Supervisor of IS & Technology 360-457.8575 x33 steve_baxter@pasd.wednet.edu
Peninsula College Ken Jacobson Director of IS 360-452.9277 kjacobso@ctc.edu
Emma Janssen emmaj@pcadmin.ctc.edu
Olympic Medical Center Evan Boyd Sr. Network Administrator 360-417-7192 eboyd@olympicmedical.org
Craig Haught
Eric Jacobson
Gary Smith grsmith@olympicmedical.org
Virginia Mason Port Angeles Ida Brooks 360-457-2156
First Federal Savings & Loan Paula Johnson 360-457-0461 paula@ffpa.com
. Daishowa America Kathy Prince IS Supervisor 360-457-4474 kathy.prince@daishowaamerica.com
Jason Mangano jason.mangano@daishowaamerica.com
.f'
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APPENDIX G.16 - TELECOMMUNICATIONS NEEDS AND SOLUTIONS WORKSHOP
Page 32
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DEN-REE PRODUCTIONS
670 Lotzgesell Road
Sequim, W A 98382
Ph: (360)- 683-26IT
TELECOMMUNICATIONS NEEDS AND SOLUTIONS WORKSHOP - EXECUTIVE SUMMARY
Overall, 19 participants took part in the Telecommunications Workshop on March 30, 2001,
generating between 250 and 300 response cards on 10 key questions that were developed for the focus
group component of the business plan. (These are detailed in the Detailed Report). The primary findings
are as follows:
1. What telecommunications services needs does your organization have in PA today? Are there any
un-served broadband needs? Are your needs changing? If so, how?
Participants first considered their present, unserved telecommunications needs with the demand
for high-speed connectivity clearly ranking as the most important demand that's not being met with the
present infrastructure. Participants were then asked to list the areas where they had specific
telecommunications needs in their organizations today, or in the community as whole. As with many of
the questions throughout the workshop, the panel clearly said they not only want "fast"
telecommunications services, but also want them at "affordable" prices. Finally, the groups were asked
how their telecommunication needs could change in the future. The prospect for the convergence of
combined telecommunications services (TV, phone, Internet) emerged on top. Business people who
participated further expected the need to compete, or offer new services via the Internet.
.
2. How would your organization use a broadband wide area network if it were available and
affordable?
Workshop participants were asked to consider how they might use the telecommunications
backbone if it were available now, at an affordable price. The morning panel's involvement in local
government clearly showed with the top selection favoring remote connectivity and service to offices and
departments scattered at various locations around the community. Other top responses included the
prospect for video conferencing and remote training and education for people who cannot travel to
attend school.
3. Is development of a broadband network throughout PA important? Should investment be limited
to those areas that make economic sense or should the City pursue citywide development? How could an
investment in a citywide project be justified?
Participants in the morning workshop clearly believed that the network should be developed
beyond a "limited model", in order to include more population in potential services and improve
economic impacts throughout the community, although cost was mentioned as a factor. The afternoon
work group suggested a "limited" deployment might be a possible path for initial network development,
using partners for expansion. At the same time, the participants felt a large deployment is necessary if the
network is going to have the greatest benefit, in the shortest period of time. In fact, they saw partnerships
as key to overcoming service limits. Participants felt economic development and education opportunities
were a primary means of justifying the network in a community network.
.
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Appendix G.16 - Telecommunications Needs and Solutions Workshop - Executive Summary
Page 33
5. What are the advantages/disadvantages of a City partnership in a broadband telecommunications
backbone to enable broadband services for business?
Not surprisingly, the issue of" cost" topped the list of "advantages". When it came to
disadvantages, the functions and use of a joint network, such as security of documents and information
management were mentioned. The afternoon group saw specific advantages to such a partnership, not
the least of which was the rate of broadband deployment, and the use of existing technology, although
the panel expressed concerns about working out the details of such a partnership.
6. Is "open access" and competition important for the advancement of broadband
telecommunications services?
The morning group simply said "yes", open access was important. The afternoon group felt open
access could benefit the consumer, with more options, better service and lower prices.
7. What criteria should the City use to evaluate proposals to develop a broadband
telecommunications infrastructure?
Quality of Service, cost and Return on Investment emerged as the top considerations, with other
suggestions such as "access to many or all", and consideration of existing resources and how to integrate
those into the network. Other factors included reliability, technology and experience (of potential
partners).
8. What needs do public, educational and governmental organizations have that may go un-served if
a broadband infrastructure is not developed?
The morning group clearly showed a determination that the network should be constructed,
again with the cost of development a theme in their responses. Th,e afternoon panel, with a greater
number of business representatives, expressed concerns that the lack of a network would slow economic
growth and hurt the community's ability to compete in attracting new business.
9. What obstacles would need to be overcome with "last mile" infrastructure?
In this question, participant~ were allowed to freely touch on a variety of challenges that must be
bridged with the "last mile" deployment of a community network. The cost of that development was the
primary concern, but others worried about the time for construction, administration, how to avoid
construction disruptions to the community and convince people of the importance of building the
network.
10. What types of business/industry could we attract to PA if broadband services were available?
These responses touched on a variety of business sectors that need broadband in order to
compete in today's markets including call centers, engineering/ architectural firms, high-tech research
and development and any "businesses that use Internet distributed & developed products & services."
Some suggested the network could attract" any business who brings employees who have high
expectations in the area of high speed connection & services".
11. Should the City be involved in providing telecommunications services, or only be the service
provider of last resort?
The groups were asked to separate their answers into subheadings of" advantages" and
"disadvantages" of the City of Port Angeles actually providing the telecommunications service.
Generally, most in the morning workshop saw the disadvantages of this scenario, saying, "Government
should not be competing as a private eI1terprise". But the afternoon panel felt that the city could/should
actually take steps to insure the availability of service if necessary, although they expressed concerns
about the city's expertise and expense of such a deployment.
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APPENDIX G.17 - lELECOMMUNICA liONS SAMPLE SURVEY FORMS
Page 34
City of Port
Angeles
~
Telecommunications Survey
'Tlle CIty of Port Angeles Is conducting a community telecommuniclltlons needs
and IntIIreStS survey and asking for Input from its business. educatlonlll,
community organlzlltlons and Illtllh ested citizens.
'The InfOrmatIon you provide will be treated CDlIftdentlaJIy, will not be disclosed,
and will only be used for the Oty's survey.
lNSI'RucnoN POll COMPLEnNG TH~ SURVeY:
"'- proylde your name and aKltad: 1nfonnatIon, and rapond to each
question by darkening the drde wIttla dlck of your mouse. Please select the
response ttlat comes closest to your own opinion. A spK8 Is provlded at the end
of the survey If you have any additional comments or reconwnendatlons you
would like to share. AIttlr you hlIYe completed the survey loaItie the "'submit'"
button and send It to the Oty wIttla dick or your mouse.
Contact person
~~t2~1"..e~
s.ef'\:IQl $d(V.es,.s
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What telecommunications resources does your organization have?
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Metropolitan Communications Consultants
T06
8/31/01
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Appendix G.17 -Telecommunications Sample sur~~y,~orms
Page 35
"\~J~;'~':"':Y'
What telecommunications serviceS does your organization receive,
and what is the estimated monthly cOst?
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What are Your Future Needs and Interests?
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Metropolitan Communications Consultants
8/31/01
T07
Appendix G.17 -Telecommunications Sample Survey Forms
Page 36
tnt.,.~ we-b ~ge ~~_.m INot appIIceble _l'j l :9 .
VIdeo m.._lcat)o.. C:esal~lor. Quenbty Commet"it:s.
\llceo trans.oort Lnot~____l!J ~~~able JI L_ ''_____--.___--._____.:1
WI_ ......._lca_. Oescr1~ion Q>onn,y Com~ts
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May We Have Your Opinion?
St"""9'v Sl~y
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Tefecommu~tions
"<<~~s should be
o.eveloJ>e.d 6"'1# CWfflCd t;y r r r r r
pt"lv.ste enterpr'tSoll:
The Ot'l Shoutd Oev~ .e
common NOM $Oeed
network t'het -en senl'lce r r r r r
proy~ can usa to
cumin.mte dupilCDte
f,c;ihue.
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net......o'!1o:. be<:8U!Oe d t"* r r r r r
1'lCWori('5 ecor.omlC
develo!>m<on, benefit>
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wr..~ce provtders ~
d..veloo. ,..on_ r r r r r
~ fOf 4'C'QnOf'nc
de""eJ~r.t
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rcdoa:u!uTl<un.ectJOtls r r r r r
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r,y ~vate ~nte~ el"'.d
oct b, t\'\e at.,
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b'" .~ h'9'><!' oc-d
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APPENDIX G.18 - TELECOMMUNICATIONS EXHIBIT 4-6 CHARTS
Page 37
CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (1 of 4)
13 Access lines 0 Future lines 0 Dissatisfied
,
, i
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'"
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< 100 I
50 I
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PBX
OIILA N Unspecified
Key
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m Access lines 0 Dissatisfied
'"
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/1
10 ,,' i
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6~ I
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Webcam
2 -WifJ video
Other
Video Communications
o Access lines 0 Future lines 0 Dissatisfied
I'
8011
60 I i
~ i
:5 I
'" 40 i
e I
~ I
I
o
Analog voice
Digital voice
Voice/data
Other
~ireless Communications
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CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (2 OF 4)
III Access Unes 0 Future Unes 0 Dissatisfied
.
.' /
20l
I
VI 151
...
c:: lOJ
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~ I
...
u
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<
5
0
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Data Communications
o Exist Accounts 0 Future Accounts 0 Dissatisfied
I ]1
~ ]
~ 401
~ 201
-----,
I
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.
0,
Dialup Dsl144 051192 051384 051768
56
051 Wireless Other
1100
Internet Access
o LAN sites DWAN sites 0 Dissatisfied
,-------
300 .
l
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VI 200 ,
E 150 I
Vi
~
~ 1
0;
:z 100
50
0 ~
Apppletalk ARCnet Token Ring
l
I
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Ethernet
Other
LAN/WAN Computer Networks
.
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Appendix G.18 - Telecommunications Exhibit 4-6 Charts
Page 39
CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (3 OF 4)
[]I UTP cable 0 Other 0 Optical fiber
801/1
J I.
60, I
I I
I '
V>
E
~ 40
V>
>-
V>
20
Prerrise
Voice
Prerrises
Data
Prerrise OSP Voice OSP Data asp Video
Video
Respondent Owns Cable Plant
o Responses 0 Yes
80-(
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Telephone Data Video Current
Competency Corllletency Competency Telephone
Funding
Current Data Current
Funding Video
Funding
Future
Telephone
Funding
Future Data
Funding
Future
Video
Funding
Respondent Has Resources
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Appendix G.18 - Telecommunications Exhibit 4-6 Charts
Page 40
CURRENT SERVICES AND FUTURE SUBSCRIBER NEEDS CHARTS (4 OF 4)
.
o Strong agree 0 Agree 0 No opinion I!l Disagree
4011
II
301 I
~ I I
g 20~ I
: 101 i
I
0,
PA needs cOrTYilelition Would change service Would change providers if
providers if same service. same service. same cost.
lower cost but higher speed
Respondent's Opinion
.
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301
i
25~
I
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i 15i
& 10~
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Nothing
up to 25%
up to 50%
over 50%
Willing to Pay to Meet Future Needs
.
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APPENDIX G.19 - TELECOMMUNICATIONS SURVEY COMMENTS (as submitted)
Page 41
Internet Access
1. We only have dial-up.
2. Using dial up service
3. Modem 56K
4. Just know it's DSL
5. Dial up - slow!
6. BUT Slow where we are NOW at!
7. 24,OOObps
8. I live at the edge of the current physical limit for faster connections. I am told I can get IDSL. It seems expensive. I would like the City to
look into what circumstances would allow providers to be able to lower the prices and still make a profit.
9. Many of my friends and I would all purchase DSL from Quest immediately, considering it is only $20 per month. I am a student in the
computer program here at the college, and I don't know anybody who wouldn't switch to DSL if it were available here.
10. I'll pay $20 for DSL in Port Angeles
11. Would like capability for combined fax/data DSL line
12. Please get us competitive DSL prices we can afford.
13. Qwest DSL seems like it will be a good deal
14. We want DSL to have real-time internet access at a reasonable costs.
15. I would like DSL here!
16. All my friends want Quest DSL!
17. May be interested in DSL in future, but don't know about these choices
18. I need DSL!
19. I would like some DSL service!
20. Get me DSL please!
21. If this is asking if I'd like DSL, the answer is Yes...depending on the cost of the service (I am disabled and on a fixed income)
22. If the price comes down little for DSL
23. Depends on cost
24. Would like quicker access.
Future Access Lines for Business
1. We will be needing additional incoming and outgoing lines.
2. should be adequate
3. None expected
4. Don't foresee expansion.
5. Probably eventually add add'l trunks
6. All Future Data Lines to be Fiber
7. Industry will dictate what I need
8. Additional DS-l lines as needed
Future Phone Features
1. We use Norstar Electronic Key System. Norstar is loaded with features
2. We have many features on our phones run through Symphony. Voice mail is through Octe!.
3. Voice mail when all lines are busy
4. Not satisfied with Qwest
5. Don't foresee expansion.
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Appendix G.19 - Telecommunications Survey Comments (as submitted)
Page 42
Wireless
1. We have been offering fixed wireless for 4 years now.
2. In answering that we need more telecom providers, it could be that we need more towers instead so our internet connection is not
interrupted so frequently.
3. Let private industry do it - you don't have to. If you insist on doing something you should investigate wireless instead of laying cable.
There is an ongoing test of wireless right now that you might look at
4. We expect more cell phones
5. Investigating
Future Video
1. Our hopes are to have video teleconference when the technology is available.
2. NetConferencing would be something I am interested in, if it is included with my internet access
3. Have Intra-building video.
Would change providers if same services, same cost, higher speed
1. Existing are OK
2. Unless I'm sacrificing service.
3. Maybe
4. as far as internet providers go... if cable modems were available at same (or lower) cost as OlyPen I'd definitely change
Willing to pay to meet future needs and interests
1. Should pay less then we are paying OlyPen.
2. I could see some increase, but not 25%.
3. Given the growth of technology, would expect to pay less in the future for improved services
4. Depending on services offered
Miscellaneous
1. It is of concern to me that we stay ahead of the game in regards to the communications available to us as a business. Our ability to
function and to survive depends on this. I strongly encourage funding development and education. Thank you for the opportunity to
comment.
2. Other than normal phone service, we have no services in these areas. In the near future, we would like to get standard Internet access,
and at some future point we would like to be able to offer ticket sales both online & over the phone
3. Since my business is small enough where I don't need to worry about this new technology, I am blissfully ignorant about much of what
this survey covers. Like most business owners in the area, I have no opinion on the subject of high tech phones.
4. We are interested in more bandwidth than our current provider offers for faster data transfer.
5. We have entered a period of Email glut. Just managing loads can be frustrating for a small business. There should be alternatives that
make sense operationally and economically.
6. With the dynamic communication technologies changing so rapidly, my answers to this survey could drastically change too.
7. We need reliable faster internet service and web hosting. Decrease the down time of website.
8. We need to catch up with the 1-5 Corridor to become competitive!!!
9. We would like pricing at Seattle levels.
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APPENDIX H.20 - INFORMAL PROPOSAL FOR THE CABLE FRANCHISE RENEWAL
page 43
SECTION 1. CITY'S PRINCIPLES AND INTENT
. SECTION 2. DEFINITIONS
SECTION 3. GRANT AND ACCEPTANCE OF FRANCHISE
3.1 Grant of Cable Franchise
3.2 Acceptance Of Franchise
SECTION 4. BASIC FRANCHISE TERMS
4.1 Franchise Not Exclusive
4.2 Term
4.3 Service Availability
4.4 Line Extension Policies
4.5 Rate Regulation
4.6 Provision for Franchise Amendment
.
SECTION 5. GENERAL CABLE SYSTEM REQUIREMENTS
5.1 Principal Features
5.2 Cable System Standards
5.3 Cable Modem Service
5.4 Cable Plant Topography
5.5 Headend
5.6 Upgrade to keep Technology Current
5.7 Technical Upgrade Procedure
5.8 System Reliability and Performance
5.9 System Capacity and Features
5.10 Subscriber Equipment Interface and Control
5.11 Emergency Alert System
5.12 FCC Testing
5.13 As Built Drawings
SECTION 6. PROGRAMMING AND SERVICES
6.1 Grantee Compliance
6.2 Programming and Channel Capacity
6.3 Community Programming Needs
6.4 Subscriber Mailback Programming Survey
6.5 Community Needs Ascertainment Process
6.6 Deletions or Reductions of Programming Categories
6.7 Obscenity
6.8 Parental Control Device
6.9 Closed Caption Signals
6.10 Cable Service to Community Facilities
6.11 Subscriber Service Standards
.
SECTION 7. ACCESS CHANNELS AND SUPPORT
7.1 Minimum Channel Capacity
7.2 Access Channel Activation Utilization Criteria
7.3 Additional Access Channels
7.4 Allocation of Access Channels
7.5 Use of Access Channels
7.6 Digitization of Analog Channels
7.7 Technical Quality
7.8 Designated Access Channel Managers
7.9 Video Feeds ,f"
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7.10
7.11
7.12
7.13
7.14
7.15
7.16
Rights to Access Channel Programming
Access Channel Resources
Grantee Capital Contributions and Other Support for Access Channels
Agreement as to Access Channel Contribution
Access Channel Interconnection
Demographics Research
Additional Cable Franchises
.
SECTION 8. INSTITUTIONAL NETWORK
8.1 Provision of Institutional Network
8.2 I-Net Ownership
8.3 City's Exclusive Rights
8.4 Use of Institutional Network
8.5 Institutional Network Plans, Specifications, Cost Proposal and Construction
8.6 Demand Maintenance of the I-Net
8.7 Routine Maintenance of the I-Net
8.8 Payment for Maintenance and Repair of I-Net
8.9 Administration, Maintenance and Management of I-Net Sites and Equipment
8.10 Cost
8.11 Definition of Incremental, Direct, and Indirect Costs
8.12 I-Net Costs not Franchise Fees
8.13 Pricing Guarantee
SECTION 9. CONSTRUCTION PROCEDURES
9.1 Cable System Construction Standards
9.2 Construction Work Regulation by City
9.3 Work by Others
9.4 Construction by Abutting Owners
9.5 Relocation or Removal of Facilities.
9.6 Tree Trimming.
.
SECTION 1 O. COMPENSATION AND FINANCIAL PROVISIONS
10.1 General Compensation
10.2 Calculation and Payment on a Quarterly Basis of Annual Franchise Fee
10.3 Bond and Letter of Credit
10.4 Insurance
10.5 Indemnity
10.6 Audits
SECTION 11. REPORTING REQUIREMENTS
11.1 Reports.
11.2 Records
11.3 Filings
11.4 Confidentiality of Information
SECTION 12. REGULATORY PROVISIONS
12.1 Transfer Of Ownership Or Control
12.2 Forfeiture And Termination
12.3 Violations
12.4 Governing Law
12.5 Force Majeure
12.6 Severability And Preemption
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 45
SECTION 13. REOPENERS
13.1 Grounds
13.2 Reopener Procedure
13.3 Criteria Governing Arbitration Decision
SECTION 14. MISCELLANEOUS PROVISIONS
14.1 Notices
14.2 Entire Agreement
14.3 Previous Rights Abandoned
14.4 Repeal of Prior Ordinances
14.5 Attorney's Fees
14.6 Time is of the Essence
14.7 Remedies are Cumulative
14.8 Neither Grantee nor City is a Common Carrier
14.9 Equal Protection
EXHIBITS
Exhibit A - Acceptance of Franchise
Exhibit B -- Grantee Furnished Connections to Community Facilities
Exhibit C - Subscriber Service Standards
Exhibit D -- Subscriber Service Reporting Requirements
Exhibit E -- Public Utility Tax Ordinance Amendment
Exhibit F - Northland Fiber Upgrade Plan and Node Service Areas
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page 46
CITY OF PORT ANGELES ORDINANCE NO.
.
An ordinance of the City of Port Angeles granting to Northland Communications
Corporation, doing business as Northland Cable Television, a franchise for the
purpose of constructing, maintaining, operating and using a cable television
system in public streets, alleys, and rights-of-way in the City of Port Angeles to
provide cable service, and repealing Ordinance 2470 and Resolution 27-89.
WHEREAS, pursuant to RCW 35A.48.040, the City is authorized to grant one or more non-
exclusive revocable franchises to construct, maintain and operate a cable television system within the City;
and
WHEREAS, Northland Communications Corporation, doing business as Northland Cable
Television, ("Grantee") has requested a franchise from the City to provide Cable Services (defined
below); and
WHEREAS, after evaluation of the application received from the Grantee, the City has determined
that this franchise reasonably meets the current and future cable related needs and interests of the
community; and
WHEREAS, in the Acceptance attached hereto as Exhibit A, the Grantee has agreed to be bound by
the conditions hereinafter set forth;
WHEREAS, in consideration of the terms of this Ordinance and the Acceptance attached hereto as
Exhibit A, the City has agreed to grant to the Grantee a franchise as set forth in said Acceptance and in
this Ordinance;
.
NOW THEREFORE, the City Council of the City of Port Angeles, does hereby ordain as follows:
SECTION 1. CITY'S PRINCIPLES AND INTENT
The following provisions are statements of the City's intent in granting this Franchise and shall
not supplant or modify any specific provisions of the Franchise. The City's intent in granting this
franchise to the Grantee is to accomplish the following:
1.1 Provide for the installation and operation of a Cable System with features reasonably
meeting the current and future cable related needs and interests of the community.
1.2 Encourage the widest feasible scope and diversity of programming and other services to
all City residents that is consistent with community needs and interests.
1.3 Encourage a broad range of cable services to be offered to City residents on a non-
discriminatory basis.
1.4 Encourage prompt implementation of technical advances in cable television technology.
1.5 Provide for ample and fairly allocated access to cable facilities for program producers for
government and educational programming.
1.6 Ensure that rates and charges for basic cable programming, equipment, and service are
fair, reasonable and consistent with federal standards.
.
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jl::::('::.:r~>~i'F':,~-''''''',
Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 47
1.7 Require that Grantee provide high quality subscriber service.
1.8 Ensure that the installation and maintenance of cable facilities comply with all applicable
City regulations and do not interfere with the City's legitimate use of its own facilities and property.
1.9 Encourage competition among cable operators and between cable operators and other
providers of communications services 011 a fair and equitable basis.
1.10 Protect the City's interests and the health, safety, and welfare of its citizenry.
1.11 Ensure the universal availability of Cable Services within the Franchise Area on a non-
discriminatory basis.
1.12 Provide for timely mandatory government access to all Cable Systems in times of civil
emergency .
SECTION 2. DEFINITIONS
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 words "'shall" and "will" are mandatory and "may" is permissive.
Words not defined herein shall be given the meaning set forth in the Communications Act of 1934
as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection
and Competition Act of 1992, and the Telecommunications Act of 1996, and if not defined there, the
words shall be given their common and ordinary meaning.
2.1 "Access" means the right of certain agencies, institutions, organizations, groups and
individuals in the community, including the City and its designees, on a non-discriminatory basis, to use
the Cable System for specific public, educational, or governmental non-commercial purposes, including
the right to acquire Programming, to create Programming free from outside control including that of
Grantee, and to distribute and receive Programming over the Cable System.
2.2 "Access Channel" means a dedicated channel for public or educational or governmental
institutional use, be it audio, video or data, as provided for in Section 611 of the Cable Act.
2.3 "Activated" means equipped with the electronic, optical or other devices and hardware
required for transmitting and receiving the communications signals over the network transmission media
between locations across the network.
2.4 "Additional Access Channels," means access channels as set forth in Section 7.3.
2.5 " Affiliate" means any enterprise that owns or controls Grantee, or is owned or controlled
by Grantee, or otherwise has ownership or control in common with Grantee, including, without
limitation, Grantee's Parent Corporation and any subsidiaries or affiliates of such Parent Corporation
which meet this definition.
2.6 "Allocation Percentage" means the number of Franchise Area subscribers divided by the
number of total System subscribers.
2.7 "Basic Cable Service" or "Basic Service Tier" is the lowest priced tier of service that
includes the retransmission of local broadcast television signals.
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal page 48
2.8 "Broadband" means transmission of information over a single medium requiring .
transmission channels supporting upload throughput rates of at least 144 kbps and download
throughput rates of at least 256 kbps.
2.9 "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C.521 et seq., as
amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended
by the Telecommunications Act of 1996, and as may be further amended from time to time.
2.10 "Cable Operator" means any person or group of persons (A) who provides Cable
Services over a Cable System and directly or through one or more affiliates owns a significant interest in
such Cable System, or (B) who otherwise controls or, through any arrangement, is responsible for the
management and operation of such a Cable System.
2.11 "Cable Modem Service" means bi-directional broadband access to the Internet over the
cable system and the related equipment used for that purpose.
2.12 "Cable Service" means (A) the one-way transmission to subscribers of (i) video
programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required
for the selection or use of such video programming or other programming service, and includes to the
extent applicable, RCW 36.910.010, and cable modem services.
2.13 "Cable System" means a facility, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable service
which includes video programming and which is provided to multiple subscribers within a community,
but such term does not include (A) a facility that serves only to retransmit the television signals of one or
more television broadcast stations; (B) a facility that serves subscribers without using any Public
Rights-of-Way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of
Title II of the Communications Act of 1934, except that such facility shall be considered a Cable System to
the extent such facility is used in the transmission of video programming directly to subscribers, unless
the extent of such use is solely to provide on-demand services; (D) An open video system that is certified
by the FCC; or (E) any facilities of any electric utility used solely for operating its electric utility systems.
.
2.14 "Channel" means a portion of the electromagnetic frequency spectrum which is used in a
cable system and which is capable of delivering a television signal whether in an analog or digital format.
The definition does not restrict the use of any channel to the transmission of analog television signals.
2.15 "City" means the City of Port Angeles, an optional municipal code city operating under
the provisions of Title 35A RCW.
2.16 "City Council" means the City Council of the City of Port Angeles, Washington.
2.17 "City Property" means and includes all real property, utility poles/conduits, bridges and
. similar facilities owned by the City and all property held in a proprietary capacity by the City.
2.18 "City Requirements" means all laws, rules, resolutions, regulations, policies and
directives of general application of the City of Port Angeles, in effect at present or to be adopted in the
future by the City Council.
2.19 "Closed Channel" is an Access Channel that is not available for receipt by subscribers
without special equipment or authorization, on which audio, video and data may be transmitted.
.
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 49
2.20 "Converter" means an electronic device which converts cable channel frequencies which
are not normally receivable by some television sets to an apP!opriate channel, which permits a subscriber
to view signals included in the service being delivered, according to a designated tuning or channel
selector dial.
2.21
exercised.
"Control" or "Controlling Interest" means actual working control in whatever manner
2.22
"City Manager" means the City Manager or any successor, or his or her designee.
2.23
"Days" means calendar days unless otherwise specified.
2.24 "Demarcation Point," means the physical point at which the Cable System enters the
subscriber's home or building.
2.25 "Downstream Channel" means a Channel capable of carrying a transmission from a
Headend to other points on a Cable System, including Interconnection points.
2.26
entities.
"Educational Access," means access for schools and other educational institutions and
2.27 "fCC" or "federal Communications Commission" means the federal administrative
agency or lawful successor, authorized to regulate and oversee telecommunications, cable and open
video carriers, operators and providers on a national level.
2.28 "fiber Optic" refers to a transmission medium of optical fiber that supports delivery of
Cable Services.
2.29 "franchise" means this Ordinance, including the Acceptance attached hereto as Exhibit A,
which constitutes a binding agreement between the City and Grantee.
2.30 "franchise Area" or "Service Area" means the present municipal boundaries of the
Franchising Authority and shall include any additions thereto by annexation or other legal means.
2.31 "franchising Authority" means the City of Port Angeles, Washington, or the lawful
successor, transferee, or assignee thereof.
2.32 "Government Access," means Access for governmental entities or their designees.
2.33 "Grantee" means Northland Communications Corporation, doing business as Northland
Cable Television, or any successor and Affiliate as provided for herein.
2.34 "Gross Revenue" means, for purposes of franchise fee calculations, all revenue received
by Grantee, in whatever form and from all sources, in connection with the operation of Grantee's Cable
System, including any revenue received by Grantee from any use of any component of the Cable System
for any purpose by the Operator or by others. Gross Revenues shall include, without limitation, revenue
received from advertising, from installations, from sales occurring as a result of home shopping or similar
programming, from leased channels, and from sales of guides to programming.
It is the intent of the parties to include in the term Gross Revenue all consideration to Grantee
and Affiliates to the fullest extent allowed by law. For purposes of this definition, the term" Affiliate" is
limited to an entity acting as a cable operator providing a service authorized by this Franchise.
.f"
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Gross Revenues shall be determined without deduction for (A) any operating expense; (B) any
accrual, including, without limitation, any accrual for commissions; or (C) any other expenditure,
regardless of whether such expense, accrual or expenditure reflects a cash payment, but revenue shall be
counted only once in determining gross revenues.
.
Gross Revenue includes by way of illustration and not limitation, all fees charged subscribers for
any and all Cable Services provided by Grantee over the Cable System, any charges or fees or City public
utility taxes imposed on the Grantee by the City by this Franchise and taxes imposed on Grantee that are
passed through from the Grantee as a line item paid by subscribers, and all compensation received by
Grantee or Affiliates from any source which is derived from the operation of the Cable System to provide
Cable Services, such as sales or commissions for any product or services derived from the operation of the
Cable System to provide Cable Services and sales or commissions which are paid to Grantee as
compensation for promotion or exhibition of any products or services on the Cable System.
Gross Revenue includes an allocated portion of all revenue derived by Grantee or Affiliates
pursuant to regional or national compensation arrangements for any service or activity derived from the
operation of a Cable System to provide Cable Services in the Franchise Area, e.g. advertising and sale.
The allocation shall be based on the number of subscribers in the Franchise Area divided by the total
number of subscribers relevant to such regional or national arrangements.
Revenue of an Affiliate derived from the operation of the Cable System to provide Cable Services
shall be Gross Revenue to the extent the treatment of such revenue as revenue of Affiliate and not
Grantee has the effect of avoiding the payment of franchise fees which would otherwise be paid to the
City. In no event shall revenue of an Affiliate be Gross Revenue to the Grantee if such revenue is
otherwise subject to franchise fees to be paid to the City.
In the event of bundling of Cable Services with other non-Cable Services offered by the Grantee
over its Cable System, the Gross Revenues attributable to Cable Services shall be calculated using the
same unit charges or fees paid by subscribers receiving Cable Services only.
.
Gross Revenue does not include any revenue not actually received, even if billed (e.g., bad debt),
nor taxes, which are imposed by law directly on the subscriber but collected by the Grantee and passed
on to other governmental entities, such as the local and state sales tax.
2.35 "Headend" means a facility for signal reception andj or dissemination on the Cable
System including all related equipment such as cable, antennas, wires, satellite dishes, monitors,
switchers, modulators, computers, software, and processors for television Broadcast signals.
2.36
Section 8.
"Institutional Network" or "I-Net" means a communications network as provided for in
2.37 "Interconnect," "Interconnected" or "Interconnection" means the provision of an
electronic or optical linkage between the Grantee's Cable System and Cable Services or any part,
designated Channel or signal pathway thereof and any other designated Cable System and Cable Services
or any part, designated Channel or signal pathway thereof, with the result that Cable Services of high
technical quality may be transmitted between such Cable Systems.
2.38 "Liquidated Damages" means any requirement imposed on Grantee to pay specified, pre-
calculated sums, rather than actual costs, to the City as a result of performance deficiencies identified
herein.
2.39 "Normal Operating Conditions" means service conditions that are within the control of
the Grantee. Service conditions which are ordinarily within the control of the Grantee include, but are not
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limited to, special promotions, pay-per-view events, rate increase, regular peak or seasonal demand
periods, and maintenance or upgrade oithe System, except fqrunscheduled and/ or emergency
equipment replacement and testing required by the FCC or this Franchise. Those conditions which are
not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances,
power outages, telephone network outages, programmer originated interruption, and severe weather.
The definition of Normal Operating Conditions is relevant in assessing compliance with telephone
answering time, installations, service calls, and repair of Service Interruptions.
2.40 "Open Access" means nondiscriminatory access to Grantee's broadband cable network
for providers of wholesale and/ or retail broadband cable services, whether or not such providers are
affiliated with Grantee.
2.41 "Open Video System" or "OVS" means a facility consisting of a set of transmission paths
and associated signal generation, reception and control equipment that is designed to provide Cable
Service, which includes video programming, which is provided to multiple subscribers within a
community, and which the Federal Communications Commission or its successor has certified as
compliant with 47 C.F.R., Part 76, as amended from time-to-time.
2.42 "Open Video Service" means video programming by means of an open video system.
2.43 "Person" means a corporation, company, association, joint stock company or association,
firm, partnership, limited liability company and individuals and includes a lessor, trustee and receiver or
such an entity, but does not include the City.
2.44 "Programming" means the video, audio, voice, data, multimedia or other material or
programs prepared for or capable of transmission on a Cable System, or, as the context requires, the
process of causing such material to be created, received, transmitted or distributed on a Cable System.
This definition is not intended to, nor shall it, change or expand the scope of cable service as defined
herein.
2.45 "Public Way, Street, or Right-of-Way" means land acquired or dedicated for roads and
public streets and easements for which, under City ordinances and other applicable laws, the City has
authority to grant master permits, licenses or leases for use thereof, or has regulatory authority thereover,
and may be more specifically defined in the master permit, license or lease granting any right to or use
thereof. "Rights-of-way" for the purpose of this Chapter do not include buildings, parks, poles, conduits
or similar facilities or property owned by or leased to the City, including, by way of example and not
limitation, structures in the right-of-way such as utility poles and bridges.
2.46 "Residential Dwelling Unit" means each home, house, building, or other structure that
normally accommodates the living quarters of one (1) family, and each apartment, condominium, or
co-operative unit that normally accommodates the living quarters of one (1) family in any multiple-unit
building or complex of multiple-unit buildings; provided, however, that if the Grantee has not been
granted the authority by an owner or association of owners to extend its facilities to individual
apartments, condominiums, and co-operative units within the interior of such multiple-unit buildings or
complex of multiple-unit buildings, then any such multiple-unit building or complex of multiple-unit
buildings shall be considered a single Residential Dwelling Unit.
2.47 "Service Interruption" or "Outage" is defined as being a Cable System malfunction
resulting in the loss of picture or sound on one or more channels affecting more than one subscriber. The
definition of Service Interruption or Outage affects the timing of when the Grantee must respond to a
Service problem.
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2.48 "Standard Drop or Drop" means the cable connection between the subscriber's premises
and the cable system up to a maximum length of one hundred fifty (150) feet measured from six inches
(6") outside the nearest exterior wall of the subscriber's premises to the Cable System.
.
2.49 "Subscriber" means any Person who is lawfully receiving, for any purpose or reason, any
Cable Service whether or not a fee is paid, including each such person in a multiple unit building, except
for purposes of reporting or cost allocation, whereE!quivalent subscriber basis may be used.
2.50 "Tier" means a level of Programming Services offered by Grantee to subscribers as a
package.
2.51 "Upgrade" means an improvement in any aspect of a Cable System.
2.52 "Upstream" means a transmission to a Headend from any other point on the Cable
System, including Interconnection points.
2.53 "Upstream Channel" means a Channel capable of carrying a transmission to a Headend
from any other point on a Cable System including Interconnection points.
SECTION 3. GRANT, TERM AND ACCEPTANCE OF FRANCHISE
3.1 Grant Of Cable Franchise
3.1.1 There is hereby granted, subject to Grantee's acceptance of the terms of this
Franchise as provided herein and the City's prompt receipt of monetary compensation for a term as
described below, unless otherwise terminated as provided for herein, the non-exclusive right and
privilege to have, acquire, construct, expand, reconstruct, maintain, use and operate in, along, across, on,
over, through, above and under the Public Rights-of-way of the City, a Cable System to provide Cable
Service. In the event the Grantee or its Affiliate either seeks to provide or to allow others to use its Cable
System to provide non-cable services, Grantee agrees to obtain all lawfully required City, state or federal
permits, consents or franchises or other required authorizations.
.
3.1.2 Nothing in this Franchise shall authorize Grantee to attach any part of its Cable
System to any City Property or infrastructure or to use any City-owned conduits or facilities until
Grantee has all required agreements, permits, licenses from the City, supported by independent
consideration, for such rights of attachment or use. .
3.2 Acceptance of Franchise. Grantee shall, before adoption of this Ordinance, file in the
office of the City Clerk a written instrument, in a form acceptable to the City Attorney, accepting either a
basic or extended term Franchise, and all terms and conditions thereof, signed and acknowledged by its
proper officers. The written acceptance shall be accompanied by the Bond, Letter of Credit and Certificate
of Insurance in accordance with Section 9, and Grantee shall pay the City its direct expenses incurred in
this Cable Franchise Renewal Process, but not to exceed five thousand ($5,000) dollars.
SECTION 4. BASIC FRANCHISE TERMS
4.1 Franchise Not Exclusive. This Franchise is not exclusive, provided it is granted in
accordance with Section 8.17.
4.2
Term
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4.2.1 Basic Term. The basic term of this Franchise shall commence on the effective date
of this Ordinance and shall extend for a period of four (4) years. Should the Grantee not accept an
extended term as part of acceptance of this fra.nchise, all gross revenues, including cable modem services,
shall be subject to a public utility tax in addition to a franchise fee, in accordance with Chapter 5.80
P AMC, Business License and Regulations, as amended.
4.2.2 Extended Term.
(1) The basic term shall be extended by an additional six (6) years, provided
an upgrade of the Cable System is completed within nine (9) months
from the Effective Date of the Franchise. The upgrade shall meet all the
following requirements:
(a) Broadband cable infrastructure as set forth in Section 5.1.1.
(b) Nondiscriminatory open access as set forth in Section 5.1.2.
(c) Provision of standard drop, fiber to requesting businesses, to
enable broadband cable services, either by the Grantee or by
other service providers, as set forth in Section 5.5.
(d) Provision of Grantee affiliated or non-affiliated cable modem
services as set forth in Section 5.3.
(e) Provision of an Institutional Network as set forth in Section 8.
(f) City bi-directional use as set forth in Section 8.5.2
(g) Activated capacity of 750 MHz
(h) Comply with the City's Telecommunications Ordinance,
Chapter 11.14 PAMC
.
(2)
Grantee shall have a right to obtain the Extended Term if Grantee is:
(a) In substantial compliance with the material terms and conditions
of this Franchise; and
(b) Has fully complied with all requirements set forth herein, all as
affirmatively determined by the City Manager and evidenced in
the City Manager's written report to the City Council.
4.3 Service Availability
4.3.1 Franchise Area. Throughout the term of this Franchise, the Grantee covenants
and agrees to construct, operate, maintain and upgrade the Cable System so as to make all Cable Services
distributed over the Cable System available to any person within the Franchise Area in accordance with
the terms, schedule, sequence and procedures established in this Franchise, except for any such service
which is provided on a test basis and provided, however, that a new Cable Service may be introduced on
a phased basis in different areas of the City over a period no longer than one year.
4.3.2 Annexation. Whenever any of the roads as designated outside of this franchise
shall fall within the City or town limits by reason of subsequent incorporation or annexation, then all the
rights and privileges herein granted shall be in full force and effect. Within thirty (30) days of such
incorporation or annexation, the Grantee shall revise its billing records to comply with this franchise.
.
4.3.3 Further, the Grantee shall ensure that access to any Cable Service is not denied to
any group of potential subscribers because of the income of the residents of the area in which such group
resides or geographic location (subject to Section 3.8). It shall be the right of all subscribers to receive
continuously all available Cable Services insofar as their financial and other obligations to the Grantee are
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honored. The Grantee shall continuously monitor the implementation of the commitments set forth in
this Subsection.
4.4 Line Extension Policies
.
4.4.1 Grantee shall extend its cable system and make cable service available to every
existing residential area within the Franchise Area, if requested, whenever density of at least thirty (30)
Residential Dwelling Units for overhead construction and forty-five (45) Residential Dwelling Units for
underground construction per cable mile (or any proportionate amount thereof measured over a shorter
or longer distance) is realized, as measured from the existing facilities of Grantee's cable system in the
Franchise Area.
4.4.2 For purposes of this Section, density per cable mile shall be computed by
dividing the number of Residential Dwelling Units in the area by the length, in miles or fractions thereof,
of the total amount of aerial or underground cable necessary to make service available to the Residential
Dwelling Units in such area in accordance with Grantee's system design parameters. The cable length
shall be measured from the nearest point of access to the then-existing system, provided that extension is
technically feasible from that point of access. The total cable length shall exclude the drop cable necessary
to serve individual subscriber premises.
4.4.3 Grantee shall extend its cable system necessary for the provision of cable service
and make cable service available to any business in the Franchise Area when the business subscriber
agrees to pay for the labor costs incurred and materials used in making the extension, beyond the cost of
a standard drop.
4.5 Rate Regulation
4.5.1 Rates and Charges. The Franchising Authority may regulate rates for the
provision of Basic Cable and equipment as expressly permitted by applicable law.
.
4.5.2 The City Manager will notify the Grantee of the effective date that the City will
regulate basic service tier rates as provided by federal law. After the effective date, those fees and charges
subject to regulation by the City shall not be increased without prior approval of the City, except as
allowed by law. The City reserves the right to regulate rates for any service pursuant to federal or state
law which authorize such regulation. The City reserves the right to establish procedures for any lawful
regulation of rates.
4.5.3 Reasonable Discounts and Notices Provided. Grantee shall provide reasonable
discounts, notices to subscribers, and reports to the City as follows:
(1)
Grantee shall provide a discount of not less than thirty percent (30%) on
the lowest generally available Basic Service Tier rates, installation, and
equipment rental charges if necessary to receive service, to subscribers
with low incomes'not exceeding 125% of the federal poverty level or to
subscribers living in subsidized housing or in a housing subsidy
program.
Grantee shall notify subscribers in accordance with Exhibit C "Subscriber
Service Standards, Section VII Notices and Subscriber Communications".
Grantee shall determine qualifying subscribers and provide reports to
the City in accordance with Exhibit D "Subscriber Service Reporting
Requirements, Reports 1.3 C" .
.
(2)
(3)
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Subscribers meeting low-income criteria subscribing to a higher tier of
service shall only be eligible for a discount equal to the discount for Basic
Service.
At such time as no cable operators in the City offer Basic Service as a
distinct tier of service, discounts shall be applied to the lowest tier of
service offered subscribers. In no event, shall the discount be less than
when set at thirty percent (30%) of Basic Service.
(5)
4.6 Provision for Franchise Amendment
4.6.1 It is the intent of both parties that each party shall enjoy all rights and be subject
to all obligations of this Franchise for the entire term of this Franchise and, to the extent any provisions
have continuing effect, after its expiration. However, both parties recognize that the technology of cable
television and related technologies are in a state of flux and that regulatory conditions and' franchise
rights and powers may change drastically during the term of this Franchise.
4.6.2 Should such changes occur, as determined by the City, the provisions and
procedures of Section 13 (Reopeners) shall govern, and the City and Grantee shall negotiate in good faith
to amend this Franchise to preserve the rights and obligations of the City and Grantee hereunder to the
fullest extent consistent with such changes.
4.6.3 The parties agree that the perpetuation of the substantial equivalent of the
current statutory and regulatory structure governing cable television is not a condition of this Franchise,
or a fundamental assumption that either party is making in entering into it; provided, however, nothing
herein shall prevent either the City or Grantee from asserting that any part or parts of this Franchise are
preempted by state or federal law as a result of such changes.
SECTION 5. GENERAL CABLE SYSTEM REQUIREMENTS
5.1 Principal Features
5.1.1 Broadband Services. The Grantee's upgraded Cable System shall be an integrated
services, broadband cable infrastructure, capable of bi-directional delivery to all subscribers, of a variety
of broadband cable services, including but not limited to cable modem Internet services, as well as cable
television, over the shared infrastructure.
5.1.2 Open Access.
(1) At the City Manager's request, Grantee shall provide nondiscriminatory,
open access to Grantee's broadband cable system by the City and other
qualified wholesale and retail service providers meeting normal
connection protocols as set forth in this Section, whether or not such
providers are owned or affiliated with Grantee, unless otherwise
prohibited by applicable law.
(2) The Grantee's anticipated charges for open access shall be provided to
the City upon acceptance of the franchise and shall be comparable to
competitive market rates.
5.2 Cable System Standards. The Grantee's Cable System shall comply with all applicable
laws, ordinances, and safety requirements including but not limited to the Federal Communications
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Commission, Federal Aviation Administration, National Electric Code, National Electric Safety Code, and
NationalCable Television Association Standards of Go()d Engineering Practices.
.
5.3 Cable Modem Service. Grantee and tile City agree to the following principles with
respect to Cable Modem Service to further the City's commitment in encouraging connectivity,
interoperability, and openness among Internet resources. Grantee shall ensure that the broadband
Internet access services provided over Grantee's cable system in Port Angeles will conform substantially
to the following standards:
5.3.1 The broadband Internet platform will be kept current with standards for
interoperability with Internet protocol applications.
5.3.2 Subscribers to the broadband Internet service, whether affiliated or unaffiliated
with Grantee, will be able to reach any and all information on the Internet and will be able to choose to
reach information from other sources and through other Internet service providers and on line access
providers without viewing content provided by the affiliated broadband Internet service provider, as
long as said other Internet service providers agree to either directly connect to Grantee's network or their
systems are publicly accessible over the common Internet or peering arrangements are made in carrier
hotels (see 5.3.3) between said other Internet service providers and Grantee.
5.3.3 Within sixty (60) days of the City Manager's notice, Grantee shall provide at no
cost, a data network backbone connection to a network access point (commonly referred to as a "carrier
hotel,") and interconnection arrangements will be made with local educational and governmental
information sources through a coordinated non-profit interconnection point. Similar interconnection
relationships with other Internet service providers and on-line service providers will be established at a
suitable interconnection point or points under reasonable terms and conditions acceptable to the Grantee
and service provider. Additional backbone connectivity to other national data network backbone
providers will be established through interconnection at other backbone connection points within the
region, under reasonable terms and conditions acceptable to all parties, including without limitation,
requirements that the connecting entity provide its own transport and other necessary equipment.
.
5.3.4 Grantee agrees that the obligations set forth in this Section may be reopened for
resolution under the same procedures for reopening and resolving franchise issues under Subsections
13.1 and 13.2 of the Franchise upon any of the following occurrences:
(1) If the broadband Internet service fails to substantially conform to stated
standards.
(2) If federal law relating to cable television regulation is modified by
actions of Congress, the Federal Communications Commission, or a
court of final jurisdiction, imposing substantially different standards on
or affecting the authority of franchising authorities.
(3) If any other comparable cable system owned by Grantee offers direct
access to broadband cable modem technology by unaffiliated Internet
service providers or on-line service providers on other than a temporary
test basis and such offering is not available in the City.
5.3.5 The City shall maintain its role regarding consumer protection provided that the
Cable Modem Service is not subject to the direct regulation of subscriber service issues by either the
Federal Communications Commission or the Washington Utilities and Transportation Commission or by
the City.
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5.4 Cable Plant Topography
5.4.1 Network Operating Center. The Network Operating Center will contain a
CATV head end, telephone and data switching facilities used to originate and receive communication
and entertainment services, and transmit analog and digital signals over the network.
5.4.2 Backbone Nodes. Backbone Nodes will be built around a minimum 96 strand
single mode optical fiber primary backbone to serve approximately 10,000 subscribers. Each node will
include fiber management, routing and cable modem equipment. Distribution/ transport rings will
originate at the backbone nodes and feed remote terminals.
5.4.3 Remote Terminals. Remote terminals serve clusters of 700 to 800 subscribers and
will have standby battery electrical powering equipment. Broadband cable services will be delivered to
requesting business subscribers via fiber. Video services will be delivered to subscribers via a hybrid fiber
coaxial cable system.
5.4.4 Local Nodes. Local nodes serve clusters of 200 to 250 subscribers and will serve
as the optical to electric conversion point for video services. They will receive forward optical signals over
the fiber optic cable, convert them into electrical radio frequency (RF) signals and transmit them over the
coaxial cable to the subscriber. The local node will also convert upstream RF signals from in-home set-top
boxes into optical signals for delivery to the remote terminal and, in turn, to the head end or network
operating center. Local nodes are small units, and will typically be mounted in apartment building
stairwells, on cable strands, or in a pedestal cabinet.
5.4.5 Subscriber Drops. Cable service signals will be converted from optical to
electrical RF at local nodes and carried on coaxial cable standard drops to the subscriber sites, or
alternatively on six (6) fiber strand standard drops into requesting business subscriber sites.
5.5 Headend. Grantee's headend will be housed in an "environmentally hardened"
building, with sufficient air conditioning and power conditioning equipment both for short-term and
long-term equipment installation. Standby powering will be installed of sufficient size to be able to
provide a continuous supply of electricity in the event of loss of commercial power.
5.6 Upgrade to Keep Technology Current. At the City's request during the extended
Franchise term, upon the showing required pursuant to Section 5.7 and subject to the franchise reopening
procedures of Section 13, the Cable System, and any affected component thereof, shall be upgraded to
match current technology. Upon acceptance by the City of such upgrade, the extended term of this
Franchise may be extended an additional five (5) years. The appropriate costs of the upgrade shall be
deemed external costs passed directly to subscribers for rate regulation purposes, at Grantee's option.
5.7 Technical Upgrade Procedure
5.7.1 At any time after the basic term of this Franchise, the City may require a
technical upgrade of the Cable System upon the following showing:
(1)
that the upgrade is commercially practicable considering the remaining
term of Franchise and considering Grantee's ability to recoup the costs of
such upgrade plus a reasonable rate of return on such upgrade
investment, provided that the City may extend this franchise to allow
such recoupment; and
that the requirement for such upgrade is uniformly applied to all of the
City's cable service franchisees; and, either
(2)
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(3)
that there is a material disparity between the level of service and
capacity of Grantee's Cable System and that of a significant number of
other comparable systems using technology generally available in the
City, and that there is a demonstrable need and public interest to be
served by the upgrade; or
that at least thirty percent (30%) of the comparable cable systems owned
or operated by Grantee's Affiliates have upgraded their capacity to a
material degree beyond that of Grantee's Cable System.
.
(4)
5.7.2 The City may conduct an inquiry to determine whether the required showing
can be made. Grantee shall cooperate with the City in the investigation and provide information,
including, if reasonably available, estimated general cost figures, technical specifications, and equipment
specifications that may assist such an undertaking.
5.7.3 Grantee acknowledges and agrees that the City's investigation may include
information not provided by Grantee and that the City may commission third parties, as necessary, to
ascertain facts in support of either showing. The public may also be invited to comment on the technical
currency of Grantee's system.
5.7.4 In the event the City's investigation indicates that a technical upgrade may be
necessary under the required showing, the City may invoke the provisions and procedures of Section 13
to determine whether and to what extent an upgrade of the system is required.
5.7.5 Upgrade Plans and Permits. Within sixty (60) days of the City Manager's notice,
Grantee shall submit its upgrade plans and a construction schedule for City approval. Work shall proceed
within thirty (30) days of the City's approval of the Grantee's submittal. All construction shall be in
accordance with the City's permitting process.
.
5.7.6 Extension of Construction Deadlines. Grantee shall obtain City authorization for
any extension to the prescribed time limit for construction of an upgrade. Such extension shall be
authorized only when the City finds that such extension is necessary and appropriate due to causes
beyond the control of the Grantee. The City shall not unreasonably withhold its authorization.
5.8 System Reliability and Performance. Grantee's system will meet or exceed FCC technical
standards, as amended. Grantee's Cable System will be backed up with an average of four (4) hours
standby power at each node and at such cable plant that is contiguous to such node. The Cable System
powering will be monitored, and crews will be dispatched in the event of loss of commercial power. In
the event that the system cables or fiber optic lines are severed, Grantee will respond within an average of
two (2) hours and will correct all such outages, within its control, within 24 hours.
5.9 System Capacity and Features
5.9.1 Grantee's system will have the following capacity and features:
Downstream
(1) Frequency Spectrum: 54-750 MHz.
(2) Analog Channel Capacity: At least 70 channels.
Upstream
(1)
(2)
Frequency Spectrum: 5-40 MHz.
Analog Channel Capacity: 4 N.T.S.C. video channels.
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5.9.2 Grantee's system will meet the broadband services and open access requirements
described in Section 5.1.
5.10 Subscriber Equipment Interface and Control. Grantee will comply with the FCC's
standard on equipment compatibility.
5.11 Emergency Alert System
5.11.1 Within ninety (90) days of a request by the City Manager, Grantee shall
implement a system for providing restricted audio override of all audio, and interrupt of all video
Channels, during emergencies, with override to be placed under the City's control, in compliance with
FCC rules. The emergency alert system shall provide for activation from the City Manager's office and/ or
the City's emergency operations center, with coded access for both audio and video messages. Upon
request by the City, Grantee shall cooperate with the City to test the emergency override system, for
periods not to exceed one (1) minute in duration and not more than once every six (6) months.
Notwithstanding the foregoing, FCC rules governing emergency alert systems shall take precedence if in
conflict with this Section.
5.11.2 The cable override shall consist of audio and crawler text signals as required by
the Federal Communications Commission rules governing the new emergency alert system (EAS).
5.11.3 The Grantee shall provide and maintain all equipment, systems, software,
services, security provisions, and procedures required for a fully operational emergency cable override
warning system in accordance with FCC rules.
5.12 FCC Testing. The Grantee shall maintain for inspection by the City a copy of the final
report on each proof of performance test required by Part 76, Subpart K, of the rules and regulations of
the FCC or any successor regulation or law. If the FCC shall cease to require such tests, or if the FCC's
regulations do not apply pursuant to 47 CFR S 77.601(c), the Grantee shall continue to conduct such tests
at least once every calendar year (at intervals not to exceed 14 months) and shall maintain the resulting
test data on file at its local office for at least five (5) years. The City may require Grantee to provide within
a reasonable period of time as the City may designate, a full report on any deficiencies disclosed by the
proof of performance test.
5.13 As Built Drawings. Within one hundred twenty (120) days of completion of each segment
of Grantee's facilities, upon the request of the City Manager, Grantee shall supply the City with a
complete set of current drawings for that segment in a format to be prescribed by the City Manager.
Grantee may exclude proprietary information.
SECTION 6. PROGRAMMING AND SERVICES
6.1 Grantee Compliance. Grantee shall meet or exceed the programming and channel
capacity requirements set forth in this Franchise.
6.2 Programming and Channel Capacity. Beginning no later than the date on which the entire
Cable System is to be activated, or, if activated in phases at Grantee's discretion, then when each phase is
activated, Grantee shall provide:
6.2.1 Activation of a minimum Downstream Channel capacity of 70 activated analog
channels to all subscribers.
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6.2.2 Closed Channels in sufficient number and technical quality to permit the
implementation of the Closed Channel requirements of the Franchise.
6.2.3 In addition to programming provided on access channels and local off-air
broadcast channels, if any, Grantee shall provide the following broad categories of programming:
.
(1) Education
(2) News & information (local, regional and national)
(3) Sports (local, regional and national)
(4) Cultural and performing arts
(5) Government affairs
(6) Weather
(7) Programming addressed to diverse ethnic and minority interests
(8) Audio programming (including a selection of local FM radio stations)
(9) Business news
(10) General entertainment (including but not limited to movies)
(11) Children's programming
(12) Family programming
(13) Science/ documentary
(14) Canadian programming
6.2.4 The requirements for each category of programming may be satisfied by
providing a separate channel devoted substantially to the category or by programming from
more than one channel which in the aggregate totals the equivalent of a channel devoted
substantially to the category.
6.3 Community Programming Needs
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6.3.1 In addition to the programming requirements in Section 6.2 and the City's
subscriber service standards, Grantee agrees to produce, or contract to produce, and air a minimum of
twenty (20) hours of locally produced programming per month. Grantee agrees to use its best efforts to
encourage and utilize programs produced by others. Grantee shall make its best efforts to insure that
local programming meets the needs of subscribers within the City of Port Angeles for diverse
programming on issues of local interest.
6.3.2 The parties expressly agree that the programming described in paragraph 6.2.3
represent broad categories of video programming within the meaning of 47 U.s.e. 544(b) (2) (B).
6.3.3 Grantee agrees to air a minimum of twenty (20) hours of no cost commercial-free
educational programming per month and provide 2 copies of program guides for each school library
media center and the School District Instructional Materials Center. .
6.4 Subscriber Mailback Programming Survey. Within ninety (90) days after the request of the
City Manager, not more frequently than twice during the basic term and six times during the extended
term of this Franchise, the Grantee shall furnish to all subscribers along with their monthly service
statement, a survey covering broad categories of programming and other services available to subscribers,
subject to prior review by the City Manager. The survey shall be in the format of a mail back survey for
determination of the subscribers' programming preference. Within ninety (90) days, the results of the
survey shall be provided the City by the Grantee with any proposed change(s) in programming to
accommodate subscribers' desired revisions as indicated by the results of the survey.
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6.5 Community Needs Ascertainment Process
6.5.1 Not more frequently than once d~ririg the basic and extended term of this
Franchise, the City may also arrange and pay for a systematic ascertainment of the community's views
regarding the nature and adequacy of Grantee's performance of this Franchise and the needs and
interests of the community and subscribers regarding this Franchise.
6.5.2 The ascertainment shall be conducted by an independent entity using generally
accepted market research techniques. A written summary of the findings made by such an ascertainment
shall be provided to Grantee. Such summary shall include a description of the methodology used.
6.5.3 Within 30 days of the delivery of such summary, Grantee shall pay to the City, in
addition to all other fees and charges due under this Franchise, the costs incurred by City in performing
such ascertainment and summary or $1.00 per subscriber whichever is less. In the event such
ascertainment process and summary is conducted jointly in connection with similar ascertainments of
other Cable Service franchisees, then Grantee's obligation shall be its prorated share of the costs or $1.00
per subscriber, whichever is less.
6.6 Deletions or Reduction of Programming Categories. Grantee shall not delete or so limit as
to effectively delete any broad category of programming within its control for any group of subscribers
without the City Manager's consent, which shall not be unreasonably withheld, and shall provide atleast
30 days' prior written notice to the City Manager of Grantee's request to do so, including all proposed
changes in bandwidth allocation, channel lineup, and any assignments, including any new equipment
requirements that may occur as a result of these changes.
.
6.7 Obscenity. Grantee shall not transmit, or permit to be transmitted, over any channel any
programming that is obscene and is not protected speech under the Constitution of the United States.
Grantee shall adopt a written policy prohibiting obscene programming. This Section shall not apply to
Internet transmissions.
6.8 Parental Control Device. Upon request by any subscriber, Grantee shall make available at
Grantee's actual cost a parental control or manual non-electronic lockout device compatible with the
subscriber's equipment that will enable the subscriber to block access to any or all channels. Grantee shall
inform its subscribers of the availability of the lockout device at the time of the original subscription and
annually thereafter, and if requested by the subscriber, shall provide the device at the time of the original
installation.
6.9 Closed Caption Signals. Grantee shall retransmit all closed-captioned signals, which are
made available by programmers in conjunction with programming in its line-up and which are provided
in order to facilitate viewing by handicapped persons. Grantee shall maintain the necessary head-end
equipment to make secondary audio programming (SAP) features available to subscribers. Grantee's
obligations under this subsection do not extend to providing customer premises equipment.
6.10 Cable Service to Community Facilities
.
6.10.1 Within ninety (90) days of a request by the City Manager, Grantee shall provide,
to facilities included in Exhibit B and future institutions as identified by the City Manager, and within
one hundred fifty (150) feet of the Cable System, one (1) free cable television service outlet at the most
commonly subscribed service level and one (1) free cable modem and broadband Internet service sixty
days after such service is available to subscribers. Each free cable television service outlet shall include a
free Converter, if necessary, and maintenance thereof by Grantee. Hardware and the installation thereof
for an internal video distribution system shall be provided by the facility served.
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6.10.2 Within ninety (90) days of a request by the City Manager, Grantee will provide,
at no charge, an appropriate interface to any internal video distribution system in the facilities described
in Section 6.10.1, so long as the facility insures that such internal system complies with the FCC's signal
leakage and signal quality standards and does not interfere with or adversely affect the Grantee's Cable
System, including the upstream capacity. There will be no charge for cable service on any additional
outlets, except that Grantee may pass through any charge imposed on Grantee by a program supplier and
Grantee may impose a charge for equipment for additional outlets.
6.11 Subscriber Service Standards. The Grantee agrees to abide by the subscriber service
standards attached as Exhibit "C" and the subscriber service reporting standards attached as Exhibit "D"
hereto. In accordance with federal law, the City may promulgate additional or revised subscriber service
standards, so long as they are reasonable and the Grantee is allowed a reasonable opportunity to
comment on such revisions prior to adoption.
SECTION 7. ACCESS CHANNELS AND SUPPORT
7.1 Minimum Channel Capacity. In addition to the current one (1) Access Channel in the
Franchise Area, currently activated as Channel 21, within ninety (90) days after the City Manager's
request, the Grantee shall activate a second and a third Access Channel in the Franchise Area, for a total
of three activated Access Channels during the basic franchise term. Of the three activated Access
Channels, the City Manager shall dedicate at least one channel for Governmental use and one for
Educational use.
7.2 Access Channel Activation Utilization Criteria. Additional Access Channels may be
activated, upon request by the City Manager, when the average daily use of the existing Access Channels
meet the following criteria:
7.2.1 Governmental and Educational Access Channels are used for access purposes
with non-commercial Governmental and Educational programming of any type that is distinct and
non-repetitive during six of the fifteen hours between 7:00 a.m. and 10:00 p.m., during any consecutive
ten (10) week period.
7.2.3 Except for character-generated announcements, the programming of additional
Access Channels required shall be distinct and non-repetitive of the previous Access Channel. Based
upon these criteria, the Grantee shall, within ninety (90) days following a request by the City Manager,
provide another designated Access Channel in the Franchise Area for this purpose. The City Manager
shall have the right to designate whether each such additional Channel will be utilized in whole or in part
for public access, educational, or government programming.
7.2.4 Minimum Usage. Additional Access Channels must carry a minimum annual
average of four (4) hours per day of non-commercial video programming that is distinct and
non-repetitive, five (5) days per week, beginning six (6) months after activation of the channel and
thereafter. If an Additional Access Channel fails to meet the continuing criteria of programmed usage for
one hundred eighty (180) continuous days of operation, such channel shall revert to the Grantee for
whatever use it deems appropriate, until the City can demonstrate that the minimum utilization criteria
set forth herein will be achieved, however, the City may not request reactivation of such a channel no
sooner than twelve (12) months after such reversion to Grantee.
7.2.5 Channel Placement. Access channels shall be included in the basic channel
lineup. The Government Access channel shall be assigned a position between channels 2-13 as part of the
first change to the Grantee channel lineup after the effective date of this Franchise.
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7.3 Additional Access Channels. During the extended term of the Franchise, when the
utilization criteria of Section 7.2 are met,~yidenced by writtepdocumentation, and within ninety (90)
days after a request by the City Manager, the Grantee shall make available to the City, up to two (2)
additional activated Access Channels in the Franchise Area ("Additional Access Channels"). In no event
shall there be more than a total of five (5) activated Access Channels during the extended franchise term.
7.4 Allocation of Access Channels.
7.4.1 The City Manager shall, in accordance with the provisions this Section determine
the number of Access Channels to be used and allocate to various entities access to the Access Channels
in the Franchise Area to meet their requirements. The request by the institution or organization must
provide the City Manager with sufficient plans for operating expenses, technical configuration, channel
use, and public purpose. In the event that making available a Channel for Access Channel purposes
requires displacement of other programming, the City shall give Grantee at least 90 days written notice.
7.4.2 The City Manager may designate Access Channel use in the Franchise Area for
use by educational or governmental access users or organizations at the City's sole discretion, including
order and priority of programming. The City Manager may designate one Access Channel dedicated
exclusively for either educational or governmental uses or may combine users on a shared basis on
activated Access Channels in the Franchise Area.
7.5 Use of Access Channels.
7.5.1 The Access Channels in the Franchise Area shall be placed under the authority of
the City Manager for use related to governmental and educational purposes.
7.5.2 Access Channel programming may include financial sponsorships and
underwriting with acknowledgment of those sponsors or underwriters.
7.5.3 No restrictions shall be placed on the use of these Access Channels for a public
purpose of a governmental entity or curriculum requirement of an educational institution, except as
provided in this Franchise or by law. Except as provided by law, Grantee shall not exercise editorial
control over programming of any Access Channel. At no time shall the Grantee interrupt at its headend
or hub site the signal provided on any Access Channel without the express consent of the City, except in
circumstances beyond Grantee's control.
7.5.4 90 days after the acceptance of this Franchise, the City Manager may, from time
to time, restrict the cablecast of one or more Access Channels by use of a scrambling device (or similar
equipment) to allow reception only at selected locations to provide Closed Channels to be accessed at
those locations. Grantee shall furnish, at no charge to City, all equipment necessary sixty (60) days after
the City Manager's request for use of the Closed Channel at City designated facilities, but not to exceed
100 descrambling devices and no more than two scrambling devices of the type to be approved by the
City.
7.6 Digitization of Analog Channels. The City may require Grantee to digitally compress one
or more of the Access Channels at or after the time that Grantee converts a majority of the local broadcast
channels carried on its Cable System to compressed digital transmission. Grantee may, at its own
discretion, move analog Access Channels to a digital format, if and when all subscribers who wish to
receive the channels already have the necessary equipment.
7.7 Technical Quality. Grantee shall maintain all Upstream and Downstream and Closed
Access Channels and Interconnections of Access Channels at the level of technical quality and reliability
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required by this Franchise and all other applicable laws, rules and regulations or at the same level of
quality as comparable subscriber Channels, whichever is higher.
7.8 Designated Access Channel Managers.
.
7.8.1 The City shall name Designated Access Channel Managers for Education, and
Governmental Access programming. The Designated Access Channel Managers shall have sole
responsibility for operating and managing their respective Access Channels.
7.8.2 Grantee shall cooperate with Designated Access Channel Managers and
providers and facilitate their use of Grantee's Cable System and Programming of Access channels.
Grantee shall enter into such operating agreements with Designated Access Channel Managers as are
appropriate to meet Access requirements of this Franchise.
7.9 Video Feeds. Within ninety (90) days of a request by the City Manager, Grantee shall
install for the City's use and at no cost to the City, upstream video feeds from no more than five (5)
locations designated by the City, provided such locations are within Grantee's service area and located
within 150 feet of Grantee's Cable System, to either Grantee's headend or other connection point capable
of transmitting a video signal. Grantee shall also provide and install, for the City's use and at no cost to
the City, any equipment reasonably necessary for the City to transmit signals via the Video Feeds.
Grantee shall cooperate with the City to facilitate connections to other PEG channel production facilities.
Provided, however, nothing herein shall obligate Grantee to expend any additional funds over and above
those required to provide video feeds from the 5 locations set forth herein.
7.10 Rights to Access Channel Programming. Grantee shall have no rights to Access Channel
programming by virtue of cablecasting or distributing such programming over its Cable System, except
for Grantee's right to transmit such programming to all the subscribers receiving a signal from the Cable .
System headend serving the Franchise Area. All rights to programming content and intellectual property
of any type transmitted by Grantee remains the property of the owner/programmer, regardless of the
individual or entity requesting transmission. No intellectual property transmitted over Access Channels
or bandwidth shall be retransmitted by Grantee or any Affiliates in whole or in part without the consent
of its owner.
7.11 Access Channel Resources. Grantee shall provide, at no charge to the City, the following:
7.11.1 Staffing and Equipment. The Grantee shall provide the technical advice
necessary to transmit access programming on the Access Channels as directed by the City, as applicable,
on an as-needed basis. Grantee shall provide on a timely and as needed basis use of all necessary
equipment for access users to produce and edit programming, upon reasonable advance notice. Grantee
shall repair and replace any damaged equipment of Grantee, except for equipment damaged due to the
neglect or improper use by an access user. Such staff and equipment shall be available during normal
business hours at no charge to the access user and at other times for a reasonable and fair charge
consistent with making equipment widely available. For the purposes of this Section, normal business
hours shall be considered to be the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
legal holidays.
7.11.2 With respect to access, at the request of the City Manager, the Grantee shall
provide up to twenty (20) hours per month of use in the aggregate of the Grantee's staffing and technical
services ("Staff and equipment time") for production of live and video taped Educational and
Governmental programs. The City will reimburse Grantee's actual costs in excess of twenty (20) hours
averaged monthly.
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7.11.3 The Grantee shall maintain the interconnection and electronics on the Cable
System such that "live" or videotaped programming maybe cablecast via Access Channels from the Port
Angeles City Council Chambers and at four (4) additional sites selected by the City, taking due
consideration that the cost for such electronics on the Cable System be comparable to the expenses for the
electronics on the Cable System allowing cable-casting from the Port Angeles City Council Chambers.
Grantee shall not be responsible for the maintenance of electronics on site, or any other customer
premises equipment, for such cablecast.
7.12 Grantee Capital Contributions and Other Support for Access Channels
7.12.1 Grantee shall provide funds for production facilities and equipment for Access
Channels in an amount of $150,000 during the basic Franchise term, and $30,000 per year during the
extended term, paid pro rata to the City quarterly by the Grantee for the extended term, if any, after the
initial four (4) years. The initial term funds of $150,000 will be provided to the City promptly upon
request by the City Manager. All such facilities and equipment shall be for the benefit of the City and its
residents and shall be subject to the sole control of the City. The City shall provide annually a detailed
accounting of the capital expenditures with such funds. At the termination of this Franchise, any unspent
funds would be returned to the Grantee to be refunded to the then subscribers on a pro rata basis.
Grantee, in its discretion, may pass along such cost as a line item to subscribers, in accordance with and
to the extent allowed by federal law.
7.12.2 The City shall continue to provide playback services for the Access Channels
originating at City Hall and shall provide and maintain all its equipment, referenced in Section 7.11.1,
currently located at 321 East Fifth Street, Port Angeles, Washington, for Access Channel purposes.
.
7.12.3 Grantee shall provide an annual operational contribution to support the
adequate operation of access channels in the amount of 15 cents per subscriber per month.
7.13 Agreement as to Access Channel Contribution. The Grantee acknowledges that all
contributions, services, equipment, facilities, support, resources, and other activities to be paid for or
supplied by the Grantee pursuant to or in connection with its performance under this Section are for the
benefit of all subscribers and the public. For purposes of this Franchise, the Grantee agrees that such
contributions, services, equipment, facilities, support, resources, and other things of value are not deemed
to be (1) "payments-in-kind" or involuntary payments chargeable against the compensation to be paid to
the City by the Grantee pursuant to Section 10 hereof, or (2) part of the compensation to be paid to the
City by the Grantee pursuant to Section 10. The City shall provide Grantee by August of each year the
amount of the capital contributions in Section 7.12.1 to be expended by the City in the following calendar
year for capital expenditures under this Section.
7 .14 Access Channel Interconnection. For the purpose of making all Access Channels
available to all subscribers, Access Channels on Grantee's Cable System shall be capable of being
interconnected with other Cable Systems throughout the City, for cablecast of the Access Channels and
actual interconnection shall be implemented upon request of the City Manager provided that (1)
interconnection is technically feasible; (2) Grantee and the other operator agree upon reasonable
interconnection arrangements, including an allocation of the costs of interconnection between Grantee
and such other operator that is reasonable in light of the relative benefits and burdens, including
consideration of support (capital and operational) provided for Access Channel purposes, including
equipment in use for Access Channels purposes at the time of interconnection.
.
7.15 Demographics Research. The Grantee shall promptly provide to the City copies of any
viewership and/ or demographics information it obtains from local area surveys concerning Access
Channels and results and analyses of that portion of any subscriber surveys conducted by or at the
request of the Grantee which deal with programming on Access Channels, provided, however, that with
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respect to any such ratings and results and analyses, the Grantee shall redact any personally identifiable
information and information concerning other programming services prior to providing such information
to the City. The information provided under this subsection may be confidential and shall be subject to
applicable law as provided for in Subsection 11.4.
.
7.16 Additional Cable Franchises. In the event that another franchise to offer cable service within the
Franchise area is granted by the City of Port Angeles, Grantee's financial obligations under this Section
shall be borne in part by such other franchise-holder, so that neither franchise holder is competitively
advantaged or disadvantaged. To the extent within the City's control, this provision shall apply to all
other similarly situated multichannel video providers including without limitation open video system
providers. If the City grants any franchise for or otherwise permits the provision of Cable Services in
Grantee's Franchise Area on terms that, taken as a whole, are materially less burdensome than this
Franchise, taking into account any difference in the number of subscribers served, the term of such
Franchise, and all other circumstances affecting the relative burdens.
SECTION 8. INSTITUTIONAL NETWORK
8.1 Provision of Institutional Network
8.1.1 As a condition to obtain the extended term described in Section 4 of this
Franchise, Grantee shall furnish to the City, an activated Institutional Network (I-Net) capable of bi-
directional delivery of broadband communications services between the sites listed in Exhibit "B", and bi-
directional access by the City to the Grantee's subscriber network for utility uses, as described in Section
8.4.2, within nine (9) months after the effective date of the Franchise.
8.1.2 Fiber Optic Infrastructure. The I-Net transmission infrastructure shall physically
consist of a minimum of 12 single mode fibers in the backbone ring and 4 single mode fibers per site to
each site identified in Exhibit B. Each I-Net site connection shall be terminated at a point of demarcation
in a Grantee standard termination panel, unless the City provides another means of termination, in which
case the City shall provide all necessary termination equipment. At each termination location the City
shall provide at City's cost, wall mount backboards and a power source for the basic termination, or such
equipment as alternatively chosen by the City and approved by the Grantee.
.
8.1.3 Network Equipment. The Grantee shall furnish all optical and electronic network
equipment located in the backbone ring and the interface equipment at each I-Net site, required to
activate the I-Net. The equipment, locations and enclosures as required shall be established in a Grantee
furnished network design, to be approved by the City.
8.2 I-Net Ownership
8.2.1 Grantee shall have full ownership of the I-Net fiber infrastructure and associated
facilities up ~o and including the Grantee provided termination panels or up to the termination splices in
City provided termination panels, at each I-Net site.
8.2.2 Grantee shall have full ownership and associated operation and maintenance
responsibility for all network equipment up to the demarcation points at each I-Net site.
8.3 City's Exclusive Rights.
8.3.1 The City shall have an exclusive right of use of the I-Net for private network
communications, which right cannot be revoked by Grantee, or successor companies, if any.
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8.3.2 In the event of any transfer, assignment or sale of any ownership interest
whatsoever of the I-Net owned by the Grantee to any successor or other person, the Grantee shall notify
the City and the prospective successor or person of the irrevocable rights of the City. In the event such
notice is not given, the City may exercise all rights under law, including enjoining the prospective
transfer of ownership.
8.3.3 In the event the Grantee is not capable of performing its obligations under this
Franchise, or the Franchise is terminated by default or otherwise expires or is not renewed, the City shall
have the right of first refusal to acquire the Cable System owned by the Grantee, at fair market value for a
period of sixty (60) days following the date of termination, expiration or non renewal of the Franchise,
less the City's contribution to the Grantee during the Franchise term to the I-Net, in accordance with 47
U.S.c. 547 to the extent it applies.
8.3.4 Notwithstanding anything else in this Franchise, this provision and Section 8
shall survive this Franchise and be binding on any successor under this Franchise or otherwise and on
whomever has an ownership interest in the I-Net.
8.4 Use of Institutional Network
8.4.1 Unless a limit upon use is specified in this Section 8, the I-Net may be used for
any communications, in any form, for any non-commercial (a) governmental purpose (proprietary or
governmental); (b) educational purpose; (c) public purpose, or for use of the Access Channels on the
subscriber Network. The I-Net may be linked to any other communications network used by the City, or
to any I-Net user authorized by the City (or an entity under the City's control), including but not limited
to the Northwest Open Access Network (NoaNet). Notwithstanding any other provision of the Franchise,
Grantee agrees that authorized I-Net users may provide Internet services or access to Internet services to
the public, schools and governmental entities over the I-Net.
8.4.2 Bi-Directional Usage. The Grantee shall allow the City bi-directional access to the
subscriber network, at no charge, for meter reading and for utility load monitoring and control uses and
such other uses mutually agreed upon by the parties.
8.4.3 Typical appropriate uses include, by way of example and not limitation:
(1) Interconnecting local area networks (LAN) and wide area networks
(W AN).
(2) Linking libraries and providing terminals at library locations that allow
members of the public to access library databases and other remote
databases.
(3) Transmitting live and stored instructional materials (whether in the form
of data, video, or otherwise) to and from schools and to the public.
(4) Providing kiosks where members of the public may access information.
(5) Providing video conferencing among governmental and educational
locations and to other locations for governmental and educational
purposes such as economic development and distance learning.
(6) Providing for remote permitting, meter reading, energy management,
remote arraignment, and utility SCADA (Supervisory Control And Data
Acquisition system).
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8.5 Institutional Network Plans, Specifications, Cost Proposal and Construction
8.5.1
Procedure and Schedule.
(1)
The City shall provide the Grantee detailed site plans and network
equipment location maps for the I-Net sites listed in Exhibit B within
thirty (30) days from the effective date of this Franchise.
Grantee shall meet and confer with the City to clarify any of the I-Net
user site and equipment location plans within ten (10) days of receiving
these materials from the City.
Grantee shall provide the City Manager the network outside plant and
equipment plans and specifications, and a sufficiently documented I-Net
incremental cost proposal, arranged in accordance with the individual
initial and future sites listed in Exhibit B, within one hundred and thirty
(130) days after the effective date of this Franchise.
In preparing the plans, specifications and cost proposal, Grantee and the
City agree to coordinate closely to ensure that the project requirements
are met expeditiously.
Grantee's plans and specifications shall include but not be limited to
fiber route plans, fiber count diagrams, fiber specifications, loss budget
calculations, termination and enclosure details, and network equipment
plans and specifications, all in sufficient detail to permit identification,
correlation, verification and understanding of the components of
Grantee's incremental cost proposal.
The City Manager will review the plans, specifications and incremental
cost proposal; provide written revisions or approval of the proposal
within ten (10) days of receipt of Grantee's submittal. In the event the
Grantee's proposal is not approved by the City Manager or the Grantee
does not provide written acceptance of the City's revisions within one
hundred fifty (150) days from the effective date of this Franchise, the
right to obtain the extended term is automatically denied.
In no event shall the City have any liability for any expenses the Grantee
incurs in preparation of such plans, specifications or cost proposal until
approval of such plans, specifications or cost proposal is given by the
City Manager.
Grantee shall commence the I-Net construction within thirty (30) days
from approval of the cost proposal by the City Manager.
Grantee shall provide the City with monthly updates indicating work
completed, planned construction for next month, and projected time-line
for project completion to meet the schedules herein.
The I-Net, including all splicing and testing, shall be fully complete,
activated, and capable of operation within nine (9) months after the
effective date of this Franchise. The City shall conduct a final inspection
to verify completion.
Upon verification of completion by the City and delivery by Grantee to
the City of As-Builts and a complete set of City approved fiber and
equipment test results, the City will issue formal acceptance of the I-Net.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
8.5.2 Grantee shall warrant the I-Net construction for a period of one year following
City acceptance and be responsible to promptly correct, at its own expense, all defects and errors that
may arise during the warranty period.
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8.5.3 Grantee shall include in its design a direct I-Net connection between Grantee's
Headend and the City's Institutional Network control center,in order to provide for video feeds and/ or
data that need to be routed to the Grantee subscriber network Access Channels.
8.5.4 Interconnection and Extensions. The City reserves the right to make
interconnections and extensions or drops to additional sites within and outside of the city limits not listed
in Exhibit "B" by itself or by the Grantee or other contractors, provided that all such interconnections to
the Grantee's Network are performed only by the Grantee at competitive commercial rates.
8.6 Demand Maintenance of the I-Net. Grantee shall provide demand maintenance
twenty-four hours a day, seven days a week and shall maintain the I-Net to operate at or above FCC
standards at all times.
8.6.1 Normal Operating Conditions. Under normal operating conditions, Grantee shall
respond to all outage reports within two hours and make necessary repairs within four hours of
notification Monday through Friday, 6 a.m. to 10 p.m. through 6 a.m. on Saturday and Sunday. Under
normal operating conditions, Grantee shall respond to degradation reports within twenty-four hours.
8.6.2 Emergency Conditions. In emergency conditions, such as a natural emergency
resulting from a windstorm, Grantee will perform emergency repair work on the fiber and field
equipment in the course of conducting its own emergency repair work on its fiber systems. All fibers at a
given damage location shall be repaired concurrently without preference to function.
8.7 Routine Maintenance of I-Net. Routine maintenance on the fiber used exclusively by the
City for I-Net use will be conducted on the same schedule as routine maintenance on Grantee's fiber
systems. Any maintenance performed upon the I-Net shall be performed by Grantee with minimum
seven (7) day prior notice to the City.
8.8 Payment for Use, Operation, and Maintenance of I-Net. An ongoing monthly fee may be
charged by the Grantee for use, operation and maintenance of the I-Net. The fee shall cover Grantee's cost
for operation and maintenance and shall be cost-based, calculated at a time-and-material rate as set by the
FCC, or a prorated share, based upon each parties' relative number of fiber strands. The fee shall also
give credit for any capital contribution made by the City or other I-Net user towards the cost of the I-Net.
Such fee shall be applied as a credit to the Franchise fee due the City on the last calendar quarter payment
for each year with sufficient documentation for such credits.
8.9 Administration, Maintenance and Management of I-Net Sites and Equipment. The City
shall be responsible for the ongoing administration, maintenance and management of its I-Net sites and
City owned equipment. All such maintenance conducted by the City shall be performed in a
workmanlike manner to industry standards, and any City-provided equipment shall comply in all
respects with applicable governmental codes, laws, ordinances or regulations and the National Electric
Safety Code.
8.10 Cost. The cost to the City for the installation and construction of the I-Net shall not
exceed the Grantee's Incremental Cost proposal approved in the design (as described herein) of the I-Net.
There shall be no charge by the Grantee to the City or to any other authorized user for the use of the
I-Net. The incremental cost may be paid by the City over a period of ten (10) years, applied as a pro rata
credit by the Grantee to each quarterly payment due the City under Section 10. Any maintenance,
interconnection or extension costs shall be applied as a credit by the Grantee to each quarterly payment
due the City under Section 10, with sufficient documentation for such credits.
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8.11 Definition of Incremental, Direct and Indirect Costs
8.11.1 Incremental Costs. Incremental costs are that portion of the direct costs solely
attributable to the cost of materials of the I-Net for which the City is responsible
for payment under this Franchise. Incremental costs include only the direct costs
that would not have been incurred but for the providing of such I-Net and do not
include indirect costs. The parties agree the only significant items of incremental
cost are the fiber strand, splicing, and network equipment modules or cards
required to service the I-Net. The incremental cost of fiber strand shall not exceed
$0.015 per linear foot per strand.
8.11.2 Direct Costs. In respect to the obligation of the City to pay for the cost of I-Net
facilities to be provided by Grantee under this Franchise, the term" direct costs"
includes only those costs specified in this Section 8 and no indirect costs. "direct
costs" shall include:
(7)
(8)
(9)
(10)
(1)
(2)
Cost of design, materials and equipment necessary for construction;
payments made by Grantee to subcontractors in accordance with the
requirements of the subcontracts;
wages and salaries and associated taxes and benefits of Grantee's
employees performing work on the relevant portion of City-required
facilities;
sales, excise, and other taxes paid by Grantee on materials, equipment,
supplies and services chargeable to the relevant portion of the
City-required facilities;
any labor force travel expenses directly chargeable to the work on the
relevant portion of the City-required facilities;
cost of necessary licenses and permit fees, including rights-of-way
construction permit fees and inspection fees, if any, related to the
relevant portion of the City-required facilities, the City may review the
applicability of such City permit fees, such as construction permit fees,
construction impact fees, and construction inspection fees for the I-Net.
actual rental costs for the use of any necessary temporary facilities, or
special machinery, equipment and hand tools used in the work on the
relevant portion of the City-required facilities;
that portion directly attributable to this Franchise of premiums for
insurance and bonds related to the design and construction of the
City-required facilities;
any work destroyed or damaged prior to completion, not compensated
by insurance or otherwise, sustained by Grantee in connection with the
work, provided the damage resulted from causes other than the fault or
negligence of Grantee;
costs of removal of debris on the relevant portion of the City-required
facilities;
costs incurred on the relevant portion of the City-required facilities, in
taking action to prevent threatened damage, injury, loss in case of an
emergency affecting the safety of persons and property;
any additional sole attachment costs to Grantee; and
other costs incurred on the relevant portion of the City-required facilities
in the performance of the work if, and to the extent, approved in advance
in writing by the City.
(3)
(4)
(5)
(6)
(11)
(12)
(13)
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8.11.3 Indirect Costs. Indirect costs shall include:
(1)
Salaries and other compensation of Grantee's employees stationed at
Grantee's offices other than the work site, except as may be expressly
included in Subsection 8.11.2 (3);
overhead and general expenses, except as may be expressly included in
Subsection 8.12.2 (3);
Grantee's cost of capital (debt and equity); and
costs due to the fault or negligence of Grantee, subcontractors, anyone
directly or indirectly employed by any of them, or for those whose acts
any of them may be liable, including, but not limited to, costs for the
correction of damage, defective or nonconforming work, disposal and
replacement of materials and equipment incorrectly ordered or supplied,
in making good damage to property not forming a part of the work.
(2)
(3)
(4)
8.12 I-Net Costs not Franchise Fees. The parties agree that there shall be no charge for the
I-Net provided by Grantee, other than the charges specified in this Section 8. The parties agree that any
costs to the Grantee associated with the I-Net provided by Grantee are not Franchise fees, and fall within
one or more of the exceptions to 47 U.s.e. 542(g).
8.13 Pricing Guarantee. Notwithstanding any other provision of this Franchise, for any work
that the City is obligated to use the Grantee to perform under this Franchise, the Grantee guarantees that
the amount it charges will be consistent with the price the City could obtain through a competitive
pricing process.
SECTION 9. CONSTRUCTION PROCEDURES
9.1 Cable System Construction Standards. All work involved in the construction, operation,
maintenance, repair, upgrade, and removal of the Cable System shall be performed in a safe, thorough
and reliable manner using materials of good and durable quality, and so as to cause a minimum of
interference with the Public Rights-of-Way. If, at any time, it is determined by the City or any other
agency or authority of competent jurisdiction that any part of the Cable System, including, without
limitation, any means used to distribute signals over or within the Cable System, is harmful to the health
or safety of any person, then the Grantee shall, at its own cost and expense, promptly correct all such
conditions.
9.2 Construction Work Regulation by City. All construction work done by Grantee in
connection with the construction, expansion, reconstruction, maintenance or repair of its facilities in the
Public Rights-of-Way shall be subject to and governed by all lawful City requirements, including but not
limited to Chapter 11.08 PAMC relating to excavation work within rights-of-way, Chapter 11.12 PAMC,
Right-of-Way Use, Chapter 13.14 PAMC, Pole Attachments, and applicable federal and state rules and
regulations.
9.3 Work by Others. The City reserves the right to lay and permit to be laid,
telecommunications, sewer, gas, water, electric and other pipe lines or cables and conduits, and to do and
permit to be done, any underground and overhead work, and any attachment, restructuring or changes
in aerial facilities that may be deemed necessary or proper by the City Manager in, across, along, over or
under any public street, alley or right-of-way occupied by Grantee, and to change any curb or sidewalk or
the grade of any street. In permitting such work to be done, the City shall not be liable to Grantee for any
damages not directly caused by the willful misconduct or negligence of the City; provided, however,
nothing herein shall relieve any other person or entity, including any contractor, subcontractor, or agent
from liability for damage to Grantee's Cable System.
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9.4 Construction by Abutting Owners. In the event that, during the term of this Franchise,
the City authorizes abutting landowners to occupy space under the surface of any public street, alley, or
right-of-way, such grant to an abutting landowner shall be subject to the rights herein granted to Grantee.
In the event that the City shall close or abandon any public street, alley or right-of-way, which contains
any portion of Grantee's Cable System, any conveyance of land contained in such closed or abandoned
public street, alley, or right-of-way shall be subject to the rights herein granted.
.
9.5 Relocation or Removal of Facilities.
9.5.1 Grantee will obtain the City's approval before any relocation of Grantee's
facilities in the Public Rights-of-Way. Such approval shall not be unreasonably withheld.
9.5.2 Within thirty (30) days following written notice from the City, the Grantee shall,
at its own expense, temporarily or permanently remove, relocate, change or alter the position of any of its
Cable System or other of its facilities that are within the Public Rights-of-Ways whenever the City shall
have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) the construction, repair, maintenance or installation of any City or other
public improvement in or upon the Public Rights-of-Way;
(2) the operations of the City or other governrnental entity in or upon the
Public Rights-of-Way.
9.5.3 Grantee and the City shall cooperate to the extent possible to assure continuity of
service. If Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole
cost and expense of Grantee, all without compensation or liability for damages to Grantee.
9.5.4 This Section is not intended to affect or alter any current contractual agreements
that the Grantee may have concerning relocation of facilities or recovery of costs from private third
parties from relocations requested by such private third parties.
.
9.6 Tree Trimming. Upon ten (10) days' written notice provided to the City, except in an
emergency of imminent danger to persons or property, the Grantee may trim trees or other vegetation
owned by the City or encroaching upon the public right-of-way to prevent their branches or leaves from
touching or otherwise interfering with its wires. All trimming or pruning within environmentally
sensitive areas shall be subject to applicable requirements of Chapter 15.20 P AMC "Environmentally
Sensitive Areas Protection". All trimming or pruning shall be at the sole cost of the Grantee. The Grantee
may contract for said trimming or pruning services with any person approved by the City.
SECTION 10. COMPENSATION AND FINANCIAL PROVISIONS
10.1 General Compensation. Grantee agrees to pay to the City during each year of this
Franchise, a franchise fee consisting of five percent (5%) of Grantee's Gross Revenue within the Franchise
Area.
10.2 Calculation and Payment on a Quarterly Basis of Annual Franchise Fee
10.2.1 Grantee shall pay to the City for each quarter this Franchise remains in effect an
amount equal to five percent (5%) of Gross Revenue, referred to as the "quarterly payment." Grantee shall
make this payment by check or by wire transfer to the account designated by the City Manager by 5:00
P.M. on the forty-fifth (45) day following the close of the calendar quarter for which the quarterly
payment is ~alculated, provided that necessary information in order to pay by wire transfer is or has been
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provided to Grantee at least ten (10) days prior to the payment date. Any necessary prorations shall be
made.
10.2.2 To the extent consistent with federal law, the compensation set forth in this
Section shall be exclusive of and in addition to all special assessments and taxes of whatever nature,
including, but not limited to, ad valorem taxes, public utility taxes, use permits, inspection fees and
assessments for recovery of costs incurred by the City.
10.2.3 In the event any quarterly payment is made after 5:00 P.M. on the date due,
Grantee shall pay a late payment charge of the greater of (A) $100 or (B) simple interest at twelve percent
(12%) annual percentage rate of the total amount past due.
10.2.4 Payment of money under this Section shall not in any way limit or impair any of
the privileges or regulatory, condemnation, police powers or taxing rights of the City of Port Angeles,
whether under this Franchise or otherwise. No acceptance of any payment shall be construed, as an
accord that the amount paid is the correct amount, nor shall such acceptance be construed as a release of
any claim which the City may have for additional sums payable under the provisions of this Section.
10.2.5 Grantee shall file annually with the City Manager no later than one hundred
twenty (120) days after the end of the Grantee's fiscal year, a statement of Gross Revenue for that year
within the Franchise Area pursuant to this Franchise. This statement shall present a detailed classification
of Gross Revenue and uncollectible accounts for the year in a reasonable form prescribed by the City
Manager after consultation with Grantee.
10.2.6 Public Utility Tax. Grantee agrees to pay the City public utility tax on the
Grantee's Gross Revenue in accordance with Exhibit E.
10.2.7 City's Franchise Renewal Costs. Nothing in this Franchise shall be construed to
limit the right of the City to require the Grantee to pay reasonable costs incurred by the City in
connection with the renewal of this franchise, whether pursuant to this Franchise or any other ordinance
or regulation now in effect or hereafter adopted by the City. Within thirty (30) days of receipt of invoice
from the City, the Grantee shall pay out-of-pocket costs incurred by the City during the franchise renewal
process, which costs shall be limited to consulting fees and expenses and the costs of publishing notices
and ordinances. Such payment shall not be deductible from or considered to be in lieu of franchise fees
or public utility taxes.
10.2.8 Any transaction or arrangement which has the effect of circumventing payment
of required franchise fees and/ or evasion of payment of franchise fees by non-collection, non-reporting of
Gross Revenue, collection of revenues by Affiliates, bartering, or any other means which evade the actual
collection of revenues by Grantee for services delivered over the Cable System or businesses Grantee
pursues derived from the operation of the Cable System is prohibited.
10.3 Bond and letter of Credit
10.3.1 Grantee shall obtain a performance bond in favor of the City with a surety
company approved by the City Attorney, in the amount of twenty-five thousand ($25,000) dollars to
secure Grantee's performance of its obligations and faithful adherence to all requirements of this
Franchise. Grantee shall provide this performance bond at the time of filing the acceptance of this
Franchise, as required by Subsection 3.2 herein. The City in accordance with Section 12.3.5 may draw
upon this bond.
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10.3.2 Grantee shall also provide a letter of credit from a financial institution approved
by the City Manager in the amount of twenty-five thousand ($25,000) dollars. Said letter of credit is to .
guarantee payment of liquidated damages as set forth in Section 12.3.
10.3.3 The bond and letter of credit shall each contain the following endorsement: "It is
hereby understood and agreed that this bond (or letter of credit) may not be canceled by the surety nor
any intention not to renew be exercised by the surety until thirty (30) days after receipt by the City
Attorney, by certified mail, of written notice of such intention to cancel or not to renew".
10.3.4 The rights reserved to the City with respect to the bond and letter of credit are in
addition to all other rights of the City, whether reserved by this Franchise ordinance or authorized bylaw;
and no action, proceeding or exercise of a right with respect to such bond or letter of credit shall affect the
City's rights to demand full and faithful performance under this Franchise or limit Grantee's liability for
damages.
10.4 Insurance
10.4.1 Subject to Grantee's right to maintain reasonable deductibles in such amounts as
are approved by the City Manager, Grantee shall obtain and maintain in full force and effect for the
duration of this Franchise, at Grantee's sole expense, insurance coverage in the following type and
minimum amounts:
(1) Grantee shall obtain and maintain in full force and effect throughout the
term of this Franchise insurance in the same amounts as are required in
the City's Telecommunications Ordinance, PAMC Chapter 1l.14.120E.
(2)
Grantee shall obtain coverage for programming on channels that are
directly or indirectly controlled by Grantee for libel and slander and
copyright violations with a combined single limit of $10,000,000 per
occurrence or its equivalent
.
10.4.2 The Grantee shall furnish a certificate of insurance as part of its acceptance of this
Franchise.
10.5 Indemnity
10.5.1 Grantee shall defend, indemnify, and hold City harmless from and against all
damages, costs, losses or expenses for the repair, replacement, or restoration of City's property,
equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a
result of Grantee's negligence, willful misconduct, or strict liability.
10.5.2 Grantee, for itself and its agents, employees, subcontractors, and the agents and
employees of said subcontractors, shall defend, indemnify, and hold the City, its successors, assigns,
officers, employees and elected officials harmless from and against any and all claims, demands, suits,
causes of action, and judgments for: (A) damage to or loss of the property of any person (including, but
not limited to Grantee, its agents, officers, employees and subcontractors, City's agents, officers and
employees, and third parties); and/ or (B) death, bodily injury, illness, disease, worker's compensation,
loss of services, or loss of income or wages to any person (including but not limited to the agents, officers
and employees of Grantee, Grantee's subcontractors and City, and third parties), arising out of, incident
to, concerning, or resulting from the negligence, willful misconduct or strict liability of Grantee, its agents,
employees, and/ or subcontractors, in the performance of all activities and services pursuant to thi.s
Franchise, no matter how, or to whom, such loss may occur.
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10.5.3 In the event that any such damage, claim or loss is found by a court of competent
jurisdiction to be caused by the concurrent fault of both Gr~nt~e and City, then Grantee shall indemnify
City to the full proportionate extent that Grantee is determmedto be at fault. It is the intention of the
parties, and Grantee expressly agrees, that the provisions of this Section shall not exclude claims,
damages, and losses caused in part, but not wholly, by the negligence of City, even if the City is more
negligent than Grantee.
10.5.4 The terms of each contract awarded by Grantee for activities pursuant to this
Franchise shall contain indemnity provisions whereby the contractor shall indemnify City to the same
extent as described above.
10.5.5 City shall give Grantee prompt written notice of any claims or suits. Grantee
shall have the right to investigate, defend and compromise same to the extent of its own interests.
10.6 Audits
10.6.1 The City reserves the right to conduct financial audits, not more frequently than
once every other year, relating to matters arising under this Franchise or to retain an independent
certified public accountant to conduct such audits. In the event an audit results in a determination that
Grantee has underpaid any franchise fee or tax obligation arising under this Franchise by five percent (5%)
or more, or materially misstated financial information in any report furnished to the City, Grantee shall
reimburse the City for the costs of the audit.
10.6.2 Grantee shall pay to the City any amounts which any audit indicates are owed
following an independent review of such audit.
10.6.3 The City reserves the right to perform oth~r audits for franchise compliance
purposes.
SECTION 11. REPORTING REQUIREMENTS
11.1 Reports.
11.1.1 Grantee shall provide all reports as required in accordance with Exhibit D.
11.1.2 The City Manager may, at any time, make inquiries pertaining to Grantee's
performance of the terms and conditions of this Franchise. Grantee shall respond to such inquiries on a
timely basis.
11.1.3 Grantee shall report to the City within the first year of its Franchise term, the
results of its efforts to address areas of subscriber concern, disclosed by the City's 2001 needs and
interests ascertainment, including but not limited to rates, programming and customer relations. Grantee
shall implement a public relations program to address these areas of subscriber complaint and the City
reserves the right to review and comment on the program at reasonable intervals.
11.1.4 Grantee shall report to the City such other information relating to this Franchise
as the City Manager may reasonably require to demonstrate compliance with the Franchise and shall
comply with the City's reasonable determination of forms for reports, the time for reports, the frequency
with which any reports are to be made, and if reports are to be made certified.
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11.2 Records
.
11.2.1 Grantee shall keep complete and accurate books of accounts and records of its
business and operations pertaining to this Franchise, in accordance with generally accepted accounting
principles.
11.2.2 After consultation with Grantee, the City Manager may reasonably require the
keeping of additional records or accounts which are reasonably necessary for purposes of identifying,
accounting for, and reporting Gross Revenue and uncollectibles for purposes of the compensation
required under Section 10. To the extent practicable, Grantee shall keep its books of accounts and records
in such a way that identification of revenues by type within the Franchise Area is straightforward.
11.2.3 In order to verify the Gross Revenue received by the Grantee which in
accordance with Section 10 is subject to a franchise fee and public utility tax, Grantee agrees that on the
same date that payment is made, it will file with the City Manager a certified copy of a report acceptable
to the City Manager in sufficient detail to itemize revenues which comprise Gross Revenue. Without
limitation on the discretion of the City Manager to require additional information, this report shall:
(1)
Incorporate a statement reflecting the market value of all" trade"
revenue (revenues from exchanges or barter which do not involve
monetary compensation);
Show all local, regional and national advertising revenue allocated to the
operation of the Cable System in the Franchise Area in accordance with
the Allocation Percentage.
Provide the total number of commercial service accounts by types (e.g.,
business/ multi-family) served by the Grantee using its Cable System,
including a broad description of the Cable Services provided.
.
(2)
(3)
11.2.4 Upon the City Manager's thirty (30) day written request, Grantee shall make
available to the City, in Port Angeles during regular business hours, its books and records to examine,
audit, review and/ or obtain copies of the papers, books, accounts, documents, maps, plans and other
records of Grantee pertaining to all revenue derived by Grantee and Affiliates from the operation of the
Cable System to provide Cable Service, in order to verify the accuracy of payments under Section 10.
Grantee shall fully cooperate in making available its records and otherwise assisting in these activities.
The City shall extend the time for the provision of such information upon a reasonable showing by
Grantee that such extension is justified.
11.3 Filings
11.3.1 FCC Filings. The Grantee shall, on a quarterly basis, mail or deliver a list of all
filings related to this Franchise it makes with state and federal agencies to the City Manager. Consistent
with Section 11.2.4, the City shall have the right to inspect and copy any such filings.
11.3.2 Promptly and timely, Grantee shall provide the City upon request with notices of
all petitions, applications, communications and reports submitted to or received from Grantee or
Affiliates and the FCC, Securities and Exchange Commission, and the appropriate state utility
commission, if any, or their successor agencies, relating to any matter affecting the use of Franchise Area,
Public Rights-of-Way, and/or the operation of a Cable System authorized pursuant to this Franchise.
Consistent with Section 11.2.4, the City shall have the right to inspect and copy any such documentation.
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11.4 Confidentiality of Information. The City will maintain confidentiality of information
provided by Grantee to the extent permitted by law when Grantee has notified the City of the
confidential nature of the information.
SECTION 12. REGULATORY PROVISIONS
12.1 Transfer of Ownership and Control
12.1.1 Neither this Franchise, or more than fifteen percent (15%) of the Cable System,
nor any of the City's I-Net exclusive rights, held by Grantee for use under this Franchise, which are in the
Public Rights-of-Way, nor any rights or privileges of Grantee under this Franchise, either separately or
collectively, shall be sold, resold, assigned, transferred or conveyed by Grantee to any other person, firm,
Affiliate or entity, without the prior written consent of the City. Such approval shall not be unreasonably
withheld.
12.1.2 Should the Grantee sell, assign, transfer, conveyor otherwise dispose of any of
its rights or interests under this Franchise, including Grantee's Cable System or capacity on its Cable
System, or attempt to do so, without the City's prior consent, the City may revoke this Franchise for
default, in which event all rights and interest of the Grantee shall cease. Any transfer in violation of this
Section shall be null and void and unenforceable.
12.1.3 Any change of Control of Grantee shall constitute a transfer under this Section.
There shall be a presumption of a change of Control of Grantee upon a change of 10% or greater in the
ownership of Grantee. A mortgage or other pledge of assets to a bank or lending institution in a bona fide
lending transaction shall not be considered an assignment. The Grantee agrees to promptly pay to the
City a sum of money sufficient to reimburse it for all reasonable expenses incurred by the City in review
of such an assignment or transfer as provided for in this Section.
12.2 Forfeiture and Termination.
12.2.1 In addition to all other rights and powers retained by the City under this
Franchise or otherwise, the City reserves the right to forfeit and terminate this Franchise and all rights
and privileges of Grantee hereunder in the event of a material breach of its terms and conditions, subject
to reasonable notice and opportunity to cure, as provided in Section 12.3.
12.2.2 The foregoing shall not constitute a material breach if the violation occurs
without the fault of Grantee or occurs as a result of circumstances beyond its control. Grantee shall not be
excused from performance of any of its obligations under this Franchise by mere economic hardship, nor
misfeasance or malfeasance of its directors, officers or employees.
12.2.3 A termination shall be declared only by a written decision of the City Council, by
ordinance, resolution or motion, after an appropriate public proceeding before the City Council, which
shall accord the Grantee due process and full opportunity to be heard and to respond to any notice of
grounds to terminate. All notice requirements shall be met by providing the Grantee at least fifteen (IS)
days prior written notice of any public hearing concerning the proposed termination of this Franchise.
Such notice shall state the grounds for termination alleged by City.
12.2.4 The City Council, upon finding the existence of grounds to terminate, may either
declare this Franchise terminated or excuse such grounds upon a showing by the Grantee of mitigating
circumstances or good cause for the existence of such grounds.
12.2.5 Neither Grantee's acceptance of this Franchise, Grantee's appearance before the
City Council concerning proposed termination of this Franchise, nor any action taken by the City Council
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as a result of any such process, including a declaration of termination or a finding of grounds to terminate,
shall be construed to waive or otherwise affect the Grantee's right to seek judicial determination of the
rights and responsibilities of the parties under this Franchise.
12.3 Violations
12.3.1 If the City has reason to believe that Grantee is in violation of this Franchise, the
City Manager shall notify Grantee in writing of the violation setting forth the nature of such violation.
Within thirty (30) days of receipt of such notice, or such longer period specified by the City Manager,
Grantee shall respond in writing that the violation has been cured or provide a cure plan or schedule that
satisfies the City Manager or provide explanations in refutation or excuse with documentation to support
that an alleged violation did not occur.
12.3.2 Notwithstanding Subsection 12.3.1 above, Grantee shall be allowed thirty (30)
days to cure violations after written notice is received from the City, by taking appropriate steps to
comply with the terms of this Franchise and any other applicable lawful regulations. If the nature of the
violation is such that it cannot be fully cured within 30 days due to circumstances not under Grantee's
control, the period of time in which Grantee must cure the violation shall be extended by the City
Manager in writing for such additional time reasonably necessary to complete the cure, provided that (1)
Grantee shall have promptly commenced to cure, and (2) Grantee is diligently pursuing its efforts to cure
in the City Manager's reasonable judgment.
12.3.3 If the violation has not been cured within the time allowed under Subsection
12.3.2 above, then Grantee shall be liable for liquidated damages for the following violations:
(1)
(2)
Failure to provide and maintain requested Cable Service to any
household within the Franchise Area as required by this Franchise:
fifteen cents ($0.15) per affected household, for each day that such failure
continues (not to exceed one thousand ($1000) dollars per day).
Failure to promptly provide bonds, letters of credit, insurance or reports,
records, filings or other data to the City, in accordance with Section 10,
and Section 11: two hundred and fifty ($250) dollars per day, for each
day such failure continues.
Failure to provide resources and an Access Channel in strict compliance
with Sections 6 and 7 hereof: three hundred ($300) dollars per day for
each day such failure continues.
Failure to comply with lawful City requirements concerning construction
in the Public Rights-of-Way: two hundred ($200) dollars per day for each
day such failure continues.
Failure to substantially comply with a material requirement of the
Subscriber Service Standards: two hundred ($200) dollars per day for
each day such failure continues.
Failure to substantially comply with technical and performance
specifications upon completion and activation of the institutional
network: three hundred dollars ($300) per day for each day such failure
continues.
If the Grantee accepts the extended term described in Subsection 4.2.2,
failure to comply with Subsection 4.2.2: five hundred ($500.00) dollars
per day.
(3)
(4)
(5)
(6)
(7)
12.3.4 Grantee agrees that each of the foregoing failures shall result in injuries to the
City and its citizens and institutions, the compensation for which would be difficult to ascertain and to
prove. Accordingly Grantee agrees that the foregoing amounts are liquidated damages, not a penalty or
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forfeiture, and are within one or more exclusions to the term "franchise fee" provided by federal law at
47 U.S.c. 542 (g) (2) (A-D) and therefore in no way part of t~~ compensation paid to the City pursuant to
Section 10 herein.
12.3.5 If Grantee fails to make full and complete payments as required by this Franchise
within ten (10) days after receipt of written notice from the City Manager, then the City Manager may
immediately withdraw without further notice to Grantee the amount thereof from the letter of credit
maintained in accordance with Section 9.3, except as subject to Section 12.3.6 below.
12.3.6 Notwithstanding any other provision of this Franchise, upon Grantee's request,
Grantee shall be afforded an opportunity to show that a violation has not occurred, and the City Manager
may not act under Section 12.3.5 until the administrative hearing, as provided for herein, is concluded
and a determination has been made as to whether a violation has occurred. This opportunity shall consist
of an administrative hearing upon thirty (30) days' notice before an impartial hearing examiner jointly
designated by the City Attorney and Grantee within thirty (30) days of Grantee's request.
12.3.7 If as a result of the administrative hearing, the hearing examiner determines that
a violation has not occurred, the City shall pay all of the expenses related to the administrative hearing. If
a violation has occurred, Grantee shall pay the expenses. After the conclusion of the administrative
hearing either party may seek any and all remedies that it may have at law.
12.3.8 Upon evidence being received by the City that violations of this Franchise or any
ordinances lawfully regulating Grantee in the construction and operation of its Cable System have
occurred, or continue to occur after the thirty (30) day period, and any additional time necessary to cure,
as allowed under Section12.3.2, the City may cause an investigation to be made. If the City finds that such
a violation continues to exist or has occurred, then the City or Grantee may take any action authorized by
law, including forfeiture of this Franchise and a suit in court to coIllpel compliance. In any such
proceeding the non-prevailing party shall be required to pay the reasonable expenses incurred by the
prevailing party in such suit and all damages and costs (including attorney fees), but Grantee may be
allowed, either by the court in the judgment of forfeiture or by order of the City Council, a reasonable
time thereafter, as fixed by such judgment or order, to correct the default and pay such expenses,
damages and costs as it may be adjudged to pay, and if Grantee does so correct and so pay within such
time, forfeiture shall not become effective nor be enforced.
12.3.9 Failure by the City or the Grantee to enforce any rights under this Franchise does
not constitute a waiver of such rights.
12.4 Governing Law. This Franchise is passed subject to the provisions of the Constitution and
laws of the United States of America and the State of Washington and the ordinances of the City of Port
Angeles.
12.5 Force Majeure. The term "Force Majeure" shall mean delays due to acts of God, war,
civil disturbances, fire, unavoidable casualty, construction delays due to weather, failure of supplier(s), or
other similar causes beyond the control of Grantee. The time within which Grantee shall be required to
perform any act under the Franchise shall be extended by a period of time equal to the number of days
performance is delayed due to a Force Majeure. Grantee shall not be subject to any penalty hereunder
because of acts or failure to act due to Force Majeure.
12.6 Severability And Preemption.
12.6.1 Except as provided in 12.6.2 below, if any section, subsection, sentence, clause,
phrase, term, provision, condition, covenant or portion of this Franchise is for any reason held invalid or
unenforceable by any court of competent jurisdiction, or superseded by state or federal legislation, rules,
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regulations or decision, the remainder of this Franchise shall not be affected thereby but shall be deemed
as a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions hereof, and each remaining section, subsection sentence, clause, phrase, provision,
condition, covenant and portion of this Franchise shall be valid and enforceable to the fullest extent
permitted by law.
.
12.6.2 If any material provision of this Franchise is for any reason held invalid or
unenforceable by any court of competent jurisdiction, or superseded by state or federal law, rules,
regulations or decision so that the intent of these provisions is frustrated, the parties agree to immediately
negotiate a replacement provision to fulfill the purpose and intent of the superseded provisions
consistent with applicable law.
12.6.3 In the event that federal or state laws, rules or regulations preempt a provision or
limit the enforceability of a provision of this Franchise, then the provision shall be read to be preempted
to the extent and for the time required by law. In the event such federal or state law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had
been preempted is no longer preempted, such provision shall thereupon return to full force and effect,
and shall thereafter be binding on the parties hereto, without the requirement of further action on the part
of the City, and any amendments to this Franchise negotiated pursuant to Subsection 12.6.2 as a result of
such provision being preempted shall no longer be of any force or effect.
SECTION 13. REOPENERS
13.1 Grounds. The occurrence of any of the following shall be grounds for the City or Grantee
to reopen the Franchise as further provided in this Section:
13.1.1 Any event that gives rise to a right to terminate the Franchise under any other
provision, to be exercised only by the City.
.
13.1.2 Any court or quasijudicial action that invalidates or substantially negates the
effect of any material provision of this Franchise.
13.1.3 Any state or federal legislation that invalidates or substantially negates the effect
of any material provision of this Franchise, said grounds to be exercised only by the City.
~ 13.1.4 Any proposed or actual use of the cable system by Grantee that is not expressly
provided for in this Franchise and that invalidates or substantially negates the effect of any material
provision of this Franchise.
13.1.5 Any upgrade required by Section 5.6, where Grantee asserts that the required
upgrade or implementation is not technically or commercially feasible.
13.1.6 Any ascertainment of present or future cable related community needs and
interests that results in a determination that specific provisions of this Franchise no longer reflect such
community needs and interests, to be exercised only by the City.
13.2 Reopener Procedure
13.2.1 The City or Grantee shall make a determination that grounds exist to implement
the reopener provisions of this Section and shall formally notify the other party in writing and in
reasonable detail of that determination, the grounds for it, and the proposed modification deemed
necessary to address the event giving rise to the reopener; provided, however, if the grounds asserted are
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within those described in Section 13.1.5, the City shall first schedule a public hearing, with adequate
notice to the public and Grantee, to address the benefits, expense, and potential costs to subscribers, of
implementing such modifications. .
13.2.2 For a period of 90 days following Grantee's receipt of the notice, Grantee and the
City shall seek to negotiate an amendment to the Franchise reflecting the grounds identified in notice of
reopener in light of the cable related community needs and interests and the cost of meeting those needs
and interests.
13.2.3 If Grantee and the City are unable to reach agreement within the 90-day period,
the matter shall be submitted to arbitration.
13.3 Criteria Governing Arbitration Decision
13.3.1 The arbitrator(s) shall decide whether either party has established a right to a
modification of the Franchise based upon the grounds identified in the reopener notice and in light of the
evidence presented to them and applicable legal authority, and if so, shall prescribe the modification.
13.3.2 The arbitrator(s) shall make the determination of whether a right to a
modification exists, and the nature of any such modification, based on the following criteria:
(1)
Whether the particular modification is needed to meet the present and
future cable related community needs and interests, as determined by
the City, taking into account the cost of meeting those needs and
interests during the term of this Franchise and any proposed extension;
provided, in the case of an arbitration involving an upgrade pursuant to
Section 5.7.1(1), the arbitrator(s) shall be limited to determining whether
the requirement of Section 5.7.1(1) has been met by the City.
Whether the particular modification is within the lawful power of the
City.
Whether the party having the burden of proof has met its burden.
(2)
(3)
SECTION 14. MISCELLANEOUS PROVISIONS
14.1 Notices
14.1.1 All notices from Grantee to the City pursuant to this Franchise shall be directed
to the City Manager at City Hall, 321 East Fifth Street, P.O. Box 1150, Port Angeles, W A 99362-0216, or to
such officer as designated by the City Manager.
14.1.2 All notices to Grantee pursuant to this Franchise shall be to such local corporate
officer within the City of Port Angeles designated by Grantee in writing. Grantee shall maintain within
the City of Port Angeles throughout the term of this Franchise an address for service of notices by mail.
Grantee shall also maintain within the City of Port Angeles a local telephone number operational during
normal business hours for the conduct of matters related to this Franchise. Any change in address or
telephone number shall be furnished to the City ten (10) days prior to the change.
14.2 Entire Agreement. This Franchise contains all of the agreements of the parties with
respect to any matter covered or mentioned in this Franchise and no prior or contemporaneous
agreements or understandings pertaining to any such matters shall be effective for any purpose. No
provision of this Franchise may be amended or added to except by agreement in writing signed by both
of the parties.
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14.3 Previous Rights Abandoned. This Franchise is in lieu of any and all other rights,
privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by Grantee
or any successor pertaining to the construction, operation, modification or maintenance of a Cable System
in the City. The acceptance of this Franchise shall operate between Grantee and the City, as an
abandonment of any and all such rights, privileges, powers, immunities, and authorities within the City.
Upon the effective date of this Franchise, all construction, operation, modification or maintenance by the
Grantee of any Cable System in the City shall be under this Franchise and not under any other right,
privilege, power, immunity, or authority.
14.4 Repeal of Prior Ordinances. Cable Franchise Ordinance No. 2470 and the consent to
transfer Resolution No. 27-88 are hereby repealed and are no longer in force and effect.
14.5 Attorney's Fees. If any suit or other action is instituted in connection with any
controversy arising under this Franchise, the prevailing party shall be entitled to recover all of its costs
and expenses including such sum as the Court may judge reasonable for attorney's fees, including fees
upon appeal of any judgment or ruling.
14.6 Time is of the Essence. Time is of the essence of this Franchise and each and all of its
provisions in which performance is a factor.
14.7 Remedies are Cumulative. Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City at
law, in equity, or by statute.
14.8 Neither Grantee nor City a Common Carrier. Nothing in this Franchise or by any use of
the Access Charinels hereof shall be deemed by City or the Grantee to subject the City or Grantee's
operations, Cable System, the Institutional Network, or the use of the Access Channels provided by
Grantee under authorization of this Franchise, to regulation as a common carrier within the meaning of
applicable state or federal law. In the event a state or federal agency or court deem them such, the City
will discontinue or alter its use in such a manner that would be consistent with the intent of the parties
that there is no common carrier service or telecommunication services, as defined in state law that would
require further authorization by the Grantee or the City.
14.9 Equal Protection. In the event the City enters into a franchise, permit, license,
authorization, or other agreement of any kind with any other person or entity other than the Grantee to
enter into the City's streets and public rights-of-way for the purpose of constructing or operating a Cable
System or providing Cable Service to any part of the Service Area, the material provisions thereof shall be
reasonably comparable to those contained herein, in order that one operator not be granted an unfair
competitive advantage over another, and to provide all parties equal protection under the law.
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Section 2 -- Effective Date. This Franchise shall take effect upon adoption by ordinance of the
City Council, subject to Grantee's acceptance of Franchise and payment of the City's direct expenses in
accordance with Section 3.2 herein.
PASSED AND APPROVED ON
Date:
.2001.
Mayor
APPROVED AS TO FORM:
ATTEST:
City Attorney
City Clerk
EXHIBITS
Exhibit A - Acceptance of Franchise
Exhibit B -- Grantee Furnished Connections to Community Facilities
Exhibit C - Subscriber Service Standards
Exhibit D -- Subscriber Service Reporting Requirements
Exhibit E -- Public Utility Tax Ordinance Amendment
Exhibit F -- Northland Fiber Upgrade Plan and Node Service Areas
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EXHIBIT A - ACCEPTANCE OF FRANCHISE
In accordance with Section 3.2, the Grantee hereby submits its acceptance of the Franchise and all terms
and conditions thereof to the City at the Clerk's Office. The Grantee hereby certifies that the undersigned
is a duly authorized officer of the Grantee with the authority to execute acceptance of this Franchise.
The Grantee hereby accepts (select only one) the 0 basic term 0 extended term.
Attached herewith are the following documents in accordance with the requirements of the Franchise:
1. A bond in accordance with Section 10.3.
2. A letter of credit in accordance with Section 10.3.
3. A certificate of insurance in accordance with Section 10.4.
4. Payment of the City's expenses in accordance with Section 3.2.
ACCEPTED BY NORTHLAND COMMUNICATIONS CORPORATION
Date:
, 2001.
Name and title
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EXHIBIT B - GRANTEE FURNISHED CONNECTIONS TO COMMUNITY FACILITIES
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A. City Municipal Facilities Address initial future initial future
1. City Hall (includes sites below) 321 E 5th Street 1 1
PA Police Department 1 incl
Vem Burton Community Center 1 incl
2. Police Dept Radio Repeater 1022 S ESt 1 1
3. Police Dept Radio Repeater Ediz Hook 1 1
4. Fire Station 102 E 5th St 1 1
5. Senior Center 328 E 7th St 1 1
6. Un coin Park Fairgrounds 1 1
7. Veterans Memorial 215 S Un coin 1 1
8. Carnegie Library 205 S Lincoln St 1 1
9. Fine Arts Center 1203 E Lauridsen 1 1
10. William Shore Pool 225 E 5th St 1 1
11. Civic Field 307 S Race St 1 1
12. Crown Park 1901 W 4th St 1 1
1 3. Erickson Park 302 S Race St 1 1
14. Lion's Park 600 Whidbey 1 1
15. Rains Park 915 E 8th St 1 1
16. Shane Park 613 S G St 1 1
17. Volunteer Park 16th and L 1 1
18. Harbor View Park Ediz Hook 1 1
19. Sail and Paddle Ediz Hook 1 1
20. Wolverton Park NB 11/10 ALLEY 1 1
21. Papd Firing Range 3507 W 18th 1 1
22. Bmx Track 1521 W Lauridsen 1 1
23. Parks Maintenance 16th St F St 1 1
24. Cemetery-Office 3127 W 18th St 1 1
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B. City Utility Systems Facilities initial future initial future
1. Corp Yard 1703 S B St 1 1
2. Light Ops 240 W Front 1 1
3. Landfill 3501 W 18th 1 1
4. Wastewater Treatment Plant 1509 Columbia 1 1
5. Water Treatment Plant future 1 1
6. Pump Station # 1 5th St & N St 1
7. Pump Station #2 1/2 Alley & Cherry 1
8. Pump Station #3 Marine & Hill 1 ..
9. Pump Station #4 313 Marine Drive 1
10. Pump Station #5 219 E 2nd 5t 1
11. Pump Station #6 933 Church St 1
12. Pump Station #7 W 19thSt 1
13. Pump Station #8 H St & 14th 1
14. Pump Station #9 Del Guzzi Dr. 1
1 5. Pump Station # 10 1829.5 W 12thst 1
16. Mill Creek Pump Station 600 Viewcrest 1
17. Elwha Emergency Valve 2700 S Milwaukie Dr 1
18. McDougal Booster Pump 3500 McDougal 1
19. Spruce Booster Station 1000 Spruce St 1
20. Scrivner Pump 300 E Scrivner 1
21. Elwha Pump Station Ranney Well 1
22. E SI. Reservoir 1016 1
23. Jones SI. Reservoir 1200 E 9th St 1
24. Peabody Heights Reservoir 600 Viewcrest 1
25. Black Diamond Reservoir Black Diamond Rd 1
26. Mill Creek Reservoir Old Mill Rd 1
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B. City Utility Systems Facilities (continued) initial future initial future
27. PUD Intertie Baker St. 1
28. PUD Intertie Monroe St. 1
29. A Street Substation 1616 SASt 1
30. F Street Substation 1604SFSt 1
31. I Street Substation 1538 W 7th St 1
32. College Substation 1306 E Park St 1
33. Valley Substation 206 S Valley St 1
34. Washington Substation 224 S Washington 1
35. Laurel Substation 110 E 14th St 1
36. Peabody Substation 2803 S Peabody 1
37. BPA PA Substation 1400 E Park Ave. 1
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C. City' State (WSDOT) Traffic Signals Address initial future initial future
1. Tl Front St Laurel St 1
2. T2 1 st St Laurel St 1
3. T3 Front St Oak St 1
4. T4 1st St Oak St 1
5. T5 5th St Race St 1
6. T6 8th St Race St 1
7. T7 Lauridsen Blvd Race St 1
8. T8 5th St Peabody St 1
9. T9 8th St Peabody St 1
10. T10 8th St Cherry St 1
11. T11 (WSDOT) Hwy 101 Del Guzzi Dr 1
12. T12 (WSDOT) Hwy 10 1 Golf Course Rd 1
13. T13 (WSDOT) 1 st St Ennis St 1
14. T14 (WSDOT) Front St Ennis St 1
15. T15(WSDOT) 1 st St Race St 1
16. T16 (WSDOT) Front St Race St 1
17. T17 (WSDOT) 1 st St Peabody St 1
18. T18 (WSDOT) 1 st St Lincoln St 1
19. T19(WSDOT) Front St Lincoln St 1
20. T20 (WSDOT) 5th St Lincoln St 1
21. T21 (WSDOT) 8th St Lincoln St 1
22. T22 (WSDOT) 14th St Lincoln St 1
23. T23 (WSDOT) Marine Dr T umwater Route 1
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D. Port of Port Angeles Address initial future initial future
1. PABH 832 Boat Haven Drive 1 1
2. Port Of PA 115 E Railroad Ave 1 1
3. Port Of PA 112 S Valley St 1 1
4. Marine Terminal 202 N Cedar St 1 1
5. Port Of PA 2007 S 0 St 1 1
6. Port Of PA 338 W 1st St 1 1
7. Port Of PA 1901 W Lauridsen Blvd 1 1
8. Port Of PA 2138 W Lauridsen Blvd 1 1
9. Port Of PA 2203 W Lauridsen Blvd 1 1
10. Fairchild International Airport 1 1
11. Industrial Park East 1 1
12. Industrial Park West 1 1
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E. Clallam County Address initial future initial future
1. Health And Human Services 223 E 4th St 1 1
2. Sheriff 223 E 4th St 1 1
3. Dispatch 911 321 E 5th St 1 1
4. Child Support Enforcement 421 E 5th Ave 1 1
5. Fairgrounds 1608 W 18th St 1 1
6. Juvenile Services 1912 W 18th 1 1
7. Drug Task Force 240 W Front St 1 1
8. District II Court 502 E Division 1 1
9. Maintenance Shops 1033 W Lauridsen Blvd 1 1
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F. Regional Address initial future initial future
1. Oallam County PUD. 1936 W 18th St 1 1
2. Clallam County PUD. 2431 E Hwy 101 1 1
3. Oallam Transit 830 W Lauridsen Blvd 1 1
4. Para Transit 212 N Gales St 1 1
5. Housing Authority 2603 S Frands St 1 1
6. North Olympic Youth Centers 535 E 1st St 1 1
7. Lower Elwha Klallam Tribe 1026 E 1st St Suite 2 1 1
8. Lower Elwha Klallam Tribe 2851 Lower Elwha Rd 1 1
9. Lower Elwha Klallam Tribe 51 Hatchery Rd 1 1
10. Lower E1wha KJallam Tribe 463 Stratton Rd 1 1
11. Lower Elwha Klallam Tribe 22 Kwitsen Dr 1 1
12. Lower Elwha Klallam Tribe 243511 Hwy 101 W 1 1
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G. State of Washington Address initial future initial future
1. Children &. Family Services (includes site below) 201 W 1stSt 1 1
Community Services Office 201 W 1st St 1
2. Juvenile Rehabilitation (includes sites below) 228 W 1 st St, Suite V 1 1
Dept. of Community Corrections 228 W 1st St 1
Drivers Ucense Examining Office 228 W 1st St 1
Developmental Disabilities 228 W 1 st St, Suite F 1
3. Home &. Community Services 235 W 1st St 1 1
4. Dept. of Revenue 734 E 1 st St, Suite B 1 1
5. Vocational Rehabilitation 1026 E 1 st St, Suite 2 1 1
6. Dept. of Revenue 1601 E Front St 1 1
7. Dept. of Labor and Industries 1605 E Front St 1 1
8. Dept. of Highway Maintenance 1707 S C St 1 1
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H. U.S. Government Address initial future initial future
1. Social Security Admin. (includes site below) 138 W 1st St 1 1
Olympic Coast National Marine Sanctuary 138 W 1st St 1
2. Natural Resources Conservation Service 113 E 3rd St, Room 2B 1 1
3. Postal Service 424 E 1st St 1 1
4. Navy Recruiting Station 721 E 1st St 1 1
5. Air Force Recruiting (includes site below) 1520 SCritchfield Rd 1 1
Civil Air Patrol 1520 5 Critchfield Rd 1
6. Marines Recruiting Station 701 E Front St 1 1
3. Army Recruiting Station 703 E Front St 1 1
7. Environmental Health Co Const. Engineering 1601 E Front St 1 1
8. Olympic National Park 600 E Park 1 1
9. Coast Guard (includes site below) 100 W Ediz Hook Rd 1 1
NUWES Electronic Systems Evaluation Facility 100 W Ediz Hook Rd 1
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I. Port Angeles Educational Address initial future initial future
1. Peninsula College 1502 Lauridsen Blvd 1 1
2. Hamilton School 1822 W 7th St 1 1
3. The Choice 924 W 9th St 1 1
4. Stevens Middle School r 1139 W 14thSt 1 1
5. Central Services 216 E 4th St 1 1
6. Children's Montessori School 708 E 8th St 1 1
7. Jefferson School 218 E 12th St 1 1
8. Library Processing Center 304 E Park Ave 1 1
9. P.A. High School 304 E Park Ave 1 1
10. Fairview School 166 Lake Farm Rd 1 1
11. Monroe School 102 Monroe Rd 1 1
12. Roosevelt Middle School 106 Monroe Rd 1 1
13. Bus Garage 639 Monroe Rd 1 1
14. Olympic Christian School 43 O'Brien Rd 1 1
15. Dry Creek School 25 Rife Rd 1 1
16. Franklin School 2505 S Washington SI 1 1
17. North Olympic Library System 2210 S. Peabody St 1 1
18. Queen of Angeles 1007 SOak St 1 1
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J. Port Angeles Health Care Address initial future initial future
1. Hospice Of C1allam County 540 E 8th 51 1 1
2. Olympic Medical Center 920 Caroline SI 1 1
3. Olympic Medical Center 939 Carolina 1 1
4. Olympic Memorial Hospital 1005 Georgiana St 1 1
5. PCMH - Children's Center 1004 W 16th St 1 1
6. PCMH - Second Street House 138 W 2nd St I 1
7. PCMH - Horizon Center 205 E 5th St 1 1
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EXHIBIT C
.
SUBSCRIBER SERVICE STANDARDS
I. STANDARDS
A. The Cable Operator shall provide subscribers a toll-free or local telephone number for
installation, service, and complaint calls.
B. Telephone and Office Availability. The Cable Operator must have telephone lines, either
adequately staffed or with answering capability, providing at least emergency referral
information, which are operational twenty-four (24) hours a day, every day, includfng weekends
and holidays.
1. Under "Normal Operating Conditions" and when phones are staffed, subscriber calls to the
Cable Operator will be answered on average within thirty (30) seconds ninety percent
(90%) of the time measured on a quarterly basis; and subscribers will receive a busy signal
three percent (3%) of the time or less. Failure to meet these standards, within a reasonable
time, after notice of failure to do so, shall subject Cable Operator to appropriate regulatory
action including liquidated damages as provided by the Franchise.
2. On weekdays, during "Normal Business Hours" the Cable Operator must have telephone
lines and its office(s) located within the City of Port Angeles, open and adequately staffed,
and able to respond to subscribers a minimum of forty-eight (48) hours a week, with a
minimum of eight (8) hours per day, on weekdays, in at least four ways:
. a.
b.
c.
d.
e.
To accept payments;
To exchange or accept return of Cable Operator provided equipment;
To schedule and conduct technical calls; and
To answer subscriber inquiries.
To respond to subscribers a minimum of forty-eight (48) hours a week, with a
minimum of eight (8) hours per day, on weekdays.
3. On Saturdays, during Normal Business Hours the Cable Operator must have adequate staff
available: to accept equipment, such as Converters, at the option of the Cable Operator
either at its office or in the field, to schedule and perform emergency service or emergency
technician calls; must have the capability to accept payments (this may be done through
arrangements with unaffiliated retailers); and to answer subscriber inquiries which may be
answered by advising the caller when and to what number to call back during weekdays.
II. HANDICAPPED ACCESS
The Cable Operator shall comply with all rules and regulations pertaining to the Americans with
Disabilities Act.
III. EMPLOYEE IDENTIFICATION
All personnel of the Cable Operator contacting subscribers or potential subscribers outside the office of
the Cable Operator must be clearly identified as associated with the Cable Operator.
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IV. INSTALLATIONS
A. Standard installation charges will apply to those installations which are within serviceable
addresses and consists of an aerial or underground drop of no more than 150 feet in length
running from the nearest feeder cable of the System to the terminal of the subscriber, utilizing
exposed wiring inside the subscriber's premises. Installations requiring materials or procedures
which exceed those minimum lengths, or in the case of any underground drop which involves
unforeseen or extraordinary conditions, could be subject to additional charges, as determined by
the Cable Operator, provided that such additional charges shall be fair, reasonable, and
nondiscriminatory, to the extent applicable law and regulations provide.
.
B. All installations will be in accordance with FCC rules, including but not limited to, appropriate
grounding, adjustment of the television set in order to receive Service, and the provision of
required subscriber information and literature to instruct the subscriber in the utilization of the
Services.
C. Under normal operating conditions, if the Cable Operator cannot perform standard basic
installations as defined above within seven (7) business days of request by a subscriber (provided
that the schedule or preferences of the person requesting installation have not been responsible
for the delay), the subscriber may request and is entitled to receive a free standard installation. If
the Cable Operator fails to provide this free standard installation and the subscriber made the
request within thirty (30) days of the installation request, the City may direct the Cable Operator
to issue a credit for the installation. Failure to comply with the City directive will subject Cable
Operator to appropriate regulatory actions. This section does not apply to the introduction of
new produCts and services when Cable Operator is utilizing a phased introduction.
V. SERVICE INTERRUPTIONS AND OTHER SERVICE PROBLEMS
A. The Cable Operator shall make repairs promptly, and interrupt Service only if necessary and for
the shortest period possible.
.
B. The Cable Operator shall exercise its best efforts to limit any Significant Service Interruption for
the purpose of maintaining, repairing, or construction of the System. Except in an emergency or
other situation necessitating a more expedited or alternative notification procedure, the Cable
Operator may schedule a Significant Service Interruption only after affected subscribers have
been given reasonable prior notice of the proposed interruption.
C. Technicians employed by the Cable Operator and capable of performing service-related
emergency repairs and maintenance must be ayailable twenty-four (24) hours a day on a stand by
basis, including weekends and holidays.
D. The Cable Operator shall maintain a summary of significant service interruptions and service
calls received by category. For the purposes of this Section, a "Significant Service Interruption in
the operation of the System "shall mean any outage a duration of at least four (4) continuous
hours between the hours of 6:00 a.m. to 10:00 p.m. and eight (8) continuous hours between the
hours of 10:00 p.m. and 6:00 a.m. to at least 200 of the subscribers in the area served by Cable
Operator. The City Manager, or his or her designee, and the Cable Operator shall agree to the
definitions used to classify service calls.
1. Under normal operating conditions, the Cable Operator will begin repairing Service
Interruptions promptly and in no event later than twenty-four (24) hours after the
interruption becomes known (including weekends and holidays) unless the subscriber
requests an appointment later than 24 hours after the interruption.
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2.
Under normal operating conditions, the CableQperator must begin actions to correct
Service problems other than Service Interruptions the next business day after notification
by a subscriber of the Service problem unless the subscriber requests an appointment at a
later date.
3. Under normal operating conditions, service-related subscriber complaints within Grantee's
control, if possible, must be resolved within forty-eight (48) hours (provided that the
schedule or preferences of the person requesting service have not been responsible for the
delay) and in any event, resolution must occur within one (1) week. A complaint shall be
considered to be resolved when signals received by the subscriber have been brought into
compliance with applicable FCC standards. Those matters requiring additional
maintenance, repair, or technical adjustments that necessitate an excess of one (1) week to
reasonably complete, must be finally resolved, if technically feasible, within thirty (30) days
of the initial complaint if the complaint has been determined to be the fault of the Cable
Operator. The City Manager, or his or her designee, may require reasonable documentation
to be provided by the Cable Operator to substantiate the additional time to resolve a
complaint. The foregoing does not apply to minor service interruptions that occur on an
intermittent basis.
4.
Under normal operating conditions, upon request by the subscriber or City Manager, or his
or her designee, the Cable Operator shall provide a credit to subscriber when there is an
Outage of all channels for a period of twenty four (24) consecutive hours or more which
affects the discrete definable service area. The credit for such an Outage shall equal, at a
minimum, the value of one-thirtieth (1/30) of subscriber's current monthly bill, excluding
premium, pay-per-view and special events, for the first twenty-four (24) consecutive-hour
period and prorated for each additional 4-hour period or portion thereof that the Outage
continues.
5. Under normal operating conditions, upon request by the subscriber or City Manager, or his
or her designee, the Cable Operator shall provide a credit to subscriber when there is an
Outage of any premium Service for a period of twenty-four (24) consecutive hours or more
which affects a discrete, definable service area. The credit shall equal, at a minimum, the
value of one thirtieth (1/30) of subscribers current monthly bill, for affected premium
services, for the first twenty-four (24) consecutive-hour period and prorated for each
additional (4) hour period or portion thereof that the Outage continues.
6. Under normal operating conditions, upon request of the subscriber or City Manager, or his
or her designee, the Cable Operator shall provide a credit to the subscriber whenever an
Outage for a period of twenty four (24) consecutive hours or more has affected fewer than
all of the non-premium channels received by the affected subscriber as part of their Service.
The credit shall equal the value of one-thirtieth (1/30) of the prorated portion of the rate
per affected channeJ times the number of affected channels.
7. The Cable Operator shall, upon request, provide information to the City Manager, or his or
her designee, regarding the amount of credits that were issued to subscribers for loss or
degradation of service.
8. Repeated failure to provide the proper credit for Outages shall be grounds for regulatory
action including liquidated damages as provided by the Franchise.
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VI. INSTALLATION AND SERVICE APPOINTMENTS
A. The "appointment window" alternatives for installations and service calls that require subscriber
presence will be either a specific time or, at maximum, a four hour scheduled time block during
normal business hours. The schedule time block may be longer if the subscriber consents. (The
Cable Operator may schedule service calls and other installation activities outside of normal
business hours for the express convenience of the subscriber). This provision does not apply to
disconnects, service upgrades or downgrades which do not require access to the subscriber's
premises or to special request orders.
B. Under normal operating conditions, if the Cable Operator does not arrive for installations or
service calls by appointment within the scheduled four-hour time frame agreed to by the
subscriber, the subscriber may request and is entitled to receive a $20.00 credit. If the Cable
Operator fails to provide such credit, and the subscriber made the request within thirty (30) days
of the missed appointment, the City may direct the Cable Operator to issue the credit. Failure to
comply with the City's directive will subject Cable Operator to appropriate regulatory action
including liquidated damages as provided by the Franchise.
C. Under normal operating conditions, the Cable Operator may not cancel an appointment with a
subscriber after the close of business on the business day prior to the scheduled appointment
without the subscriber's consent.
D. If the Cable Operator's representative is running late for an appointment with a subscriber and
will not be able to keep the appointment as scheduled, the Cable Operator will make a diligent
effort to contact the subscriber directly. If, however, the subscriber is unavailable at the time the
contact attempt is made, the Cable Operator will attempt a second contact at least one more time
during the previously agreed upon appointment window. The appointment will be rescheduled,
as necessary, at a time which is convenient to the subscriber. Contacting the subscriber will not
necessarily negate the requirement for a free standard installation.
VII. NOTICES AND SUBSCRIBER COMMUNICATIONS
A. All required subscriber notices shall be submitted in advance to the City Manager, or his or her
designee for the City's information and comment. Such advance submittals, shall not imply that
prior approval of the City Manager is required and shall not relieve the Cable Operator of any
responsibility for errors in the Cable operator's subscriber notices.
B. The Cable Operator shall send annually, written notice to all subscribers informing them that any
complaints or inquiries not satisfactorily handled by the Cable Operator may be referred to the
City Manager, or his or her designee. Such notification shall be either:
1. A separate document which may be included with a billing statement; or
2. Included on the portion of the monthly bill that is to be retained by the subscriber.
C. The Cable Operator's telephone number for service and the telephone number for the City
Manager, or his or her designee, shall be contained in the notice. This notice shall also fully
describe the Cable Operator's telephone hours and, when applicable, the lobby hours and shall
include the telephone number(s) available to subscribers after the Cable Operator's normal
business hours through which subscribers can obtain, at a minimum, emergency referral
information. No promotional material may be included on the separate document or the portion
of the bill containing this notice. A draft of this notice shall be forwarded to the City Manager, or
his or her designee, for review and comment, after which the City Manager, or his or her
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
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designee, shall respond with comments within 3 business days. The annual notice may be
combined with the notice delineated in Section VII. B.
D. The Cable Operator shall notify affected subscribers at least thirty (30) days in advance of any
pricing changes or additional charges (excluding temporary marketing and sales discounts or
offers) and/ or any changes in programming services (including the scrambling or descrambling
of channels - except the descrambling of a channel(s) for promotional purposes).
E. The Cable Operator shall provide written information to subscribers on each of the following
areas at the time of installation of Service, at least annually to all affected subscribers, at any time
upon request, and for affected subscribers, at least ten (10) days prior to making significant
changes in the information required by this Section:
1. Products and services offered;
2. Prices and options for programming services and conditions of subscription to
programming and other services and facilities, including available discounts offered;
3. Installation and maintenance policies including, when applicable, information regarding
the subscriber home wiring rights and information describing ownership or internal wiring
during the period Service is provided;
4. Instructions on how to use the Service;
5. Channel positions of programming offered on the System;
6. The address and telephone number of the Cable Operator's office to which complaints may
be reported; and
7. Billing and complaint procedures, including the name, address and telephone~number of
the City Manager, or his or her designee;
8. The availability of a parental control device;
9. The Cable Operator's practices and procedures for protecting against invasions of privacy;
10. When applicable, the Cable Operator's Community Unit Identifier, as specified by the FCC.
F. In all subscriber communications, the Cable Operator shall be as clear and precise as possible.
G. Notices of changes of programming services and/ or channel locations shall include a concise
description of the new programming service and the specific dial location, of that programming
service. In addition, should the dial location, be affected by the introduction of a new service,
such information must also be included in the notice.
I
H. In order that subscribers are fully apprised of the charges they may incur, Cable Operators will
generally be required to note if advertised rates are subject to additional taxes and fees.
I. In order that subscribers are fully apprised of the charges they may incur, telephone
communications with subscribers that quote rates, fees, and/ or other charges shall inform
subscribers that the rates, fees, and/ or charges are subject to additional taxes and fees.
J. Every notice oEtermination of Service shall include all of the following information:
1.
2.
3.
4.
The name and address of the subscriber whose account is delinquent;
Current account balance;
The date by which payment is required in order to avoid termination of Service; and
The telephone number of a representative of the Cable Operator who can provide
additional information and handle complaints or initiate an investigation concerning the
Service and charges in question.
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VIII. BILLS
A. Bills must be itemized, in accordance with service or services purchased by subscribers and
related equipment charges as provided by law and regulations. If, on bills, a Cable Operator
chooses to itemize as a separate line item franchise fees and/ or other governmentally imposed
taxes and/ or fees attributable to the total bill, such taxes and/ or fees must be shown in
accordance with any applicable law concerning the Cable Operator's ability to itemize such taxes
and/or fees.
.
B. Every residential subscriber sending payment directly to the Cable Operator shall have at least
ten (ten) business days from the postmarked date of the initial bill for the delinquent amount for
Services to pay the listed charges prior to disconnect for non-payment.
C. A specific due date shall be indicated on every subscriber bill. This provision applies only to
active accounts not those accounts pending disconnect.
D. Any subscriber who, in good faith, disputes all or part of any bill has the option of withholding
the disputed amount without disconnection until Cable Operator has investigated the dispute
and has made a determination that the amount is owed provided that:
1. The subscriber pays all undisputed charges;
2. The subscriber provides written notification of the dispute to the Cable Operator in a
timely manner and includes identifying information; and
3. The subscriber cooperates in determining the appropriateness of the charges in dispute.
E. Subscriber bills from Cable Operator shall include the name, address and telephone number of
the City Manager, or his or her designee. The City Manager, or his or her designee, will provide .
the required information to Cable Operator on an annual basis by January 1, or as needed.
F. The Cable Operator shall forward, on a monthly basis, a sample bill and billing inserts for the
current billing period to the City Manager, or his or her designee.
G. The Cable Operator shall forward all regulatory billing inserts and copies of all other mailings
required by governmental authorities to subscribers to the City Manager, or his or her designee,
prior to or at the same time that they are provided to subscribers. (Copies of notices to
subscribers must be forwarded to the City Manager, or his or her designee, pursuant to the
applicable sections of these Subscriber Service Standards.)
H. To the degree that it is economically feasible, the Cable Operator shall permit and allow payment
by direct electronic transfer, automatic bank drafts and automatic credit card charges.
IX. DISCONNECTION/DENIAL OF SERVICE
A. The Cable Operator shall not terminate residential Service for nonpayment of a delinquent
account unless the Cable Operator provides initial notice of the delinquency and impending
termination at least ten (10) days prior to the proposed termination. The notice shall be mailed,
postage prepaid, to the subscriber to whom the Service is billed. This notice shall not be sent prior
to the twenty-eighth (28th) day after the initial bill for Services was mailed to the subscriber. The
notice of delinquency and impending termination may be part of a billing statement. This section
does not apply to subscribers disconnected due to NSF checks.
B. The Cable Operator shall only terminate Service on days when subscriber can reach a
representative of the Cable Operator either in person or by telephone. Service terminated without
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 95
good cause must be restored without charge for the Service restoration. Good cause includes, but
is not limited to, signal leakage, failure to pay, payment by check for which there are insufficient
funds, theft of Service, abuse of equipment or System personnel or other similar subscriber
actions.
C. Subject to provisions of the franchise agreement, the Cable Operator shall furnish and maintain
Services to each person, in the Service Area, who qualifies for service, who makes a request to
receive any programming service, and has paid required charges. Nothing in these Standards
shall limit the right of the Cable Operator to deny Service to any household or individual which
has a negative credit or service history with the Cable Operator, which may include non-payment
of bills or theft or damage to the Cable Operator's equipment, or who has threatened or assaulted
employees of the Cable Operator in the course of their employment. Provided that in the event
Service is denied, the Cable Operator will give notice to the subscriber of the right to contact the
appropriate regulatory authority, providing name, address, and phone number as directed by the
City Manager, or his or her designee.
X. DEPOSITS, REFUNDS, AND CREDITS
A. The Cable Operator may require refundable deposits for service or equipment. Upon termination
of Service for any reason, subscribers will be entitled to receive a refund or credit against
amounts owed by the Cable Operator equal to the deposit.
B. On all deposits, Cable Operator shall be required to pay simple interest at a rate of one-half
percent (1/2%) per month (6% per year). Such interest shall be accrued and payable upon
termination of Service. Upon termination of Service for any reason, subscribers will be entitled to
receive a refund or credit against amounts owed the Cable Operator equal to the deposit plus
accumulated interest. The rate may be modified to reflect prevailing market rates upon approval
by the City, which shall not be unreasonably withheld. Such interest shall be accrued on deposits
charged to subscribers after October 18, 2001. Cable Operator will not be required to pay simple
interest on deposits received prior to such date.
C. Refund checks will be issued promptly following the resolution of the event giving rise to the
refund within sixty (60) days. In addition to a refund, if the Cable Operator fails to mail a check
for a refund to any subscriber disconnecting Service with an outstanding credit of $3.00 or more
within sixty (60) days of the date Service is ended, and the subscriber has returned all Cable
Operator owned equipment, the subscriber is entitled to receive a $11.00 penalty payment, in
addition to the total refund due. Failure to comply with the $11.00 penalty provision shall be
grounds for appropriate Enforcement Action. Refunds will be provided to subscribers with
outstanding credits of less than $3.00 upon request.
D. Credits for Service will be issued no later than the subscribers next billing cycle following the
determination that a credit is warranted.
XI. RATES, FEES, AND CHARGES
A. The Cable Operator shall not, except to the extent permitted by law, impose any fee or charge on
any subscriber for service calls to said subscriber's premises to perform any repair or
maintenance work related to Cable Operator installed equipment necessary to receive Service,
except any such work which was necessitated by a negligent or wrongful act of said subscriber.
B. Where the actions of the Cable Operator, its agent(s) or subcontractor(s) can be shown upon a
reasonable demonstration of evidence to have contributed to the theft, loss or damage of a
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converter or other equipment lawfully used by a subscriber, the subscriber's liability with respect
to said converter or other equipment shall be reduced to the extent of such contributing actions.
.
C. All charges for residential Services must be applied on a nondiscriminatory basis as provided by
law, allowing however, for reasonable discounts to qualifying subscribers and that the Cable
Operator may conduct promotional campaigns in which rates are discounted or waived, and may
offer commercial rates or bulk rate discounts for multiple dwelling units, hotels, motels and
similar institutions.
D. The Cable Operator shall not assess late fees until at least 30 days after the initial bill for services
has been mailed.
E. The Cable Operator shall be entitled to recover all lawful fees for checks returned due to
non-sufficient funds.
XII. PRIVACY PROTECTIONS
The Cable Operator shall comply fully with all applicable State and federal laws relating to the protection
of subscriber privacy. The Cable Operator shall not disclose the telephone number of any subscriber for
any purpose that is not directly related to the provision of services offered by Cable Operator. The Cable
Operator shall not require more personally identifiable information than is necessary to confirm the
identity of a subscriber and any past due amounts owed the Cable Operator. The type of information
considered to be necessary, may vary depending on the individual subscriber. The Cable Operator may
deny service if a subscriber fails to produce any verifiable personally identifiable information after being
requested to do so.
XIII. ENFORCEMENT
.
The City may seek all rights and remedies under the franchise and/ or injunctive relief or any other
judicial remedy available pursuant to state or federal law in order to enforce compliance with these
standards.
XIV. RIGHTS RESERVED BY THE CITY
The City reserves the right to establish additional, reasonable subscriber service standards from time to
time, as may be necessary, after making a finding of need and after notice and opportunity to be heard
from the Cable Operator. The City reserves the right to regulate rates for video or Cable Service to the
fullest extent permitted by law.
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 97
EXHIBIT D
SUBSCRIBER SERVICE REPORTING REQUIREMENTS
All reports shall be provided for the Port Angeles Franchise Area where the capability exists. Otherwise,
system-wide reports are acceptable and shall be deemed to reflect Port Angeles Franchise Area numbers
based on the Allocation Percentage (the number of Franchise Area subscribers divided by the total system
subscribers) .
REPORTS
1.1 During the first two years of the Basic Term, Grantee shall provide bi-annual reports.
Thereafter, annual reports shall be due within (30) thirty business days of the close of each
report period, unless otherwise agreed upon by the City Manager or Designee and the Grantee.
1.2 The Grantee shall provide reports to the City Manager or Designee containing a monthly
summary of service calls and other complaints by category, which shall be agreed to by the City
Manager or Designee. (Re: Section V in Subscriber Service Standards).
1.3 The summary shall include the following:
A. Number of subscribers in each service tier and cable modem service.
B. Report total number of service calls by category that were resolved within:
1.
2.
3.
48 hours
7 calendar days
more than 30 calendar days
C. Number of subscribers receiving discount, including copies of any applications denied
during the reporting period.
D. A comprehensive list of subscriber addresses, sorted by street name then street number
within the franchise area.
1.4 The reports must contain a monthly summary including but not limited to the following
information:
A. Telephone Report shall contain information relevant to the question of whether its
telephone answering system continues to conform to Section 1.B of Exhibit A to the
extent such reports are reasonably available from the phone system.
1. Total number of calls received for the total system.
2. Total number of calls abandoned for the total system.
3. Total percentage of calls abandoned.
5. A verage time on hold before abandoned.
6. Average speed of calls answered.
7. Percentage of calls answered within thirty (30) seconds (FCC standards).
8. Percentage of calls receiving a busy signal.
9. A description of significant events impacting the response times.
In addition to the above, the Report shall include a graph(s), which depicts the first seven
(7) items above. FCC standards shall be used as benchmark.
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If the City Manager or Designee determines, based on complaints or any other evidence,
that the Grantee's telephone service does not meet the standards set forth in Subscriber Service
Standards, or any variations in those standards previously agreed to by the City Manager or
Designee, then the City Manager or Designee has the authority to order the Grantee to take
appropriate action to meet such standards. Failure of the City Manager or Designee to issue
such order, however, shall not constitute a waiver of the City's rights with respect to any failure
by the Grantee to comply with its obligations pursuant to this Exhibit or this Agreement.
.
B. Number of $11.00 penalty payments given to subscribers for failure to refund
outstanding credits greater than $3.00 within 60 days of the date Service is ended.
C. Number of $20 credits that were issued for failure to arrive for installations or service
calls by appointment within four-hour scheduled timeframe
D. Significant Service Interruptions report which shall track information on a monthly basis
to include:
1. Total number of significant service interruptions
2. Time of the significant service interruptions
3. Total hours that the system is out-of-service as related to planned maintenance or
channel line-up changes performed by Grantee
5. Submit reports in graphs as well for comparative analysis
E. Subscriber chum report for Port Angeles system. The City shall maintain confidentiality
of this information.
F.
Grantee shall maintain results of any technical testing on the system. The City may
request to review this report at Grantee's office.
.
G. A historical summary of the information submitted to the City in prior reports.
H. Affirmative action.
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Appendix H.20 - Informal Proposal for the Cable Franchise Renewal
page 99
EXHIBIT E
PUBLIC UTILITY TAX ORDINANCE AMENDMENT
ORDINANCE NO. _
AN ORDINANCE of the City of Port Angeles, Washington, levying a
cable television business public utility tax and amending Ordinance
and Chapter 5.80 of the Port Angeles Municipal Code~
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Ordinance as amended and Chapter 5.80 of the Port Angeles Municipal Code are
hereby amended by P AMC 5.80.040 to read as follows:
5.80.040 Tax Levied - Telegraph Business, Cable Television Business and Public Utilities.
I
A. From and after January 1, 1982, there is levied upon, and there shall be collected from,
every person, firm or corporation engaged in carrying on telegraph business for hire or sale within or
partly within the corporate limits of the City a tax for the privilege of so doing business. Such tax shall be
levied at the rate of three percent of the total gross operating revenues of such business derived within
the City.
B. From and after February 16, 1991, there is levied upon, and there shall be collected from,
every person, firm, corporation or public utility district engaged in the distribution and sale of electricity
within or partly within the corporate limits of the City a tax for the privilege of so doing business. Such
tax shall be levied at the rate of six percent of the total operating revenues of such business derived
within the City, excluding revenues derived from the sale of electricity for resale.
C. From and after February 16, 1991, there is levied upon, and there shall be collected from,
the City's electric utility, a tax at the rate of six percent of the total operation revenues of such utilities,
excluding revenues derived from the sale of electricity for resale. (Ord. 2726 91, 1/1/93, Ord. 2621 91,
2/16/91; Ord. 2215 91, 6/14/82; Ord. 2201 91,3/1/82; Ord. 2183 94, 1/1/82.)
D. From and after January 1, 1997, there is levied upon and there shall be collected from, the
City's solid waste utility and water/wastewater utility, a tax at the rate of eight percent of the total
operation revenues of such utilities. (Ord. 2941, 12/27/96; Ord. 2726 91,1/1/93)
E. From and after October 18, 2001, there is levied upon, and there shall be collected from,
every person, firm, corporation engaged in carrying on cable television business for hire or sale within or
partlv within the corporate limits of the City a tax for the privilege of so doing business. Such tax shall be
levied at the rate of six percent of gross revenues less any Franchise fees payable, as defined in ordinance
no. XX.
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EXHIBIT F -- NORTHLAND FIBER UPGRADE PLAN AND NODE SERVICE AREAS
-
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14. l1.7mi
750 h.p.
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1-4.
38.5 Fiber miles
4,160 homes passed
Stage 1
Node Service Area
6,8-10, 14. 48.4 Fiber miles
3.7 46 homes passed
Stage 2
Node Service Area
5, 7, 11-13. 40.4 Fiber miles
3,820 homes passed
Existing
Node Service Area
Total: 127.3 Fiber miles 11,726 homes passed
CD Upgrade Fiber and Node
@ Existing Fiber and Node
..-----...... Node Service Area
Boundary
.1101
.
.
.
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FORTA~GELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
September 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works & Utilities
SUBJECT:
Pilot Testing of Water Source Filtration Options
Summary: The City's consultant, CH2M Hill, evaluated several filtration alternatives to meet
the requirements ofthe Bilateral Compliance Agreement (BCA) with the Department of Health
(DOH). Two filtration processes were chosen as most appropriate for the City's water source,
(1) Pall's Septra CB filtration, and (2) membrane filtration. Two documents will be sent to the
DOH as required under the BCA, for approval: an Evaluation of Filtration Alternatives and a
Pilot Testing Protocol. In these, the City is proposing that it will test the Septra CB filtration unit
to verify that they are the most appropriate for treatment ofthe City's water source. If the DOH
responds by requiring the City to pilot test another process along with Septra CB, the City will
also pilot test membrane filtration.
Recommendation: That City Council concur with CH2M Hill and Public Works and
Utilities staffs decision to pilot test the Septra CB filtration process in order to determine if it is
the best municipal treatment facility to be installed if the Elwha dams are not removed. In
addition, allow the Public Works and Utilities Director to negotiate with the DOH a Pilot Testing
Protocol that mayor may not include testing of membrane filtration in addition to the Septra CB.
Back2roundl Analysis:
After the DOH designated the City's water supply source, the Elwha Ranney Collector, as
groundwater under the influence of surface water (GWI), a BCA was signed in December, 2000,
that specified the steps the City must take towards the construction of a water treatment
(filtration) plant ifthe Elwha Dams were not removed by the federal government. The BCA also
addressed the possibility of the City avoiding construction of a treatment plant if it can meet the
criteria to remain unfiltered in the State version of the Surface Water Treatment Rule (SWTR),
defined by WAC 246-290-690. As a result, the City and its consultant, CH2M Hill, are currently
working on phase one of a Watershed Control Plan as part of meeting these filtration avoidance
criteria.
However, the City is still required under the BCA to submit by September an Evaluation of
Filtration Alternatives and a Pilot Testing Protocol. Public Works and Utilities staff met with
CH2M Hill and discussed filtration alternatives. Treatment options were evaluated based on
173
September 18,2001 memo to the pty Council
re: GWI Pilot Testing .'
Page 2 of2
capital costs, O&M requirements and associated costs, treatment capabilities, specific treatment
requirements based on the Ranney Collector water quality data, and land use requirements. A
determination was made that Pall's Septra CB, a cartridge filtration process, is the most
appropriate treatment process for the City's water supply.
The Septra CB process is not yet approved in this state by the DOH for municipal treatment, as it
employs newly developed technology. As a result, the pilot testing of it will have to meet
stringent Environmental Protection Agency (EP A) protocols for such situations. CH2M Hill and
City staff believe that it is a viable technology and will propose that Septra CB be pilot tested
when it submits the required Evaluation of Filtration Alternatives and Pilot Testing Protocol
documents to the DOH. If the DOH requires that the City pilot test another treatment process
concurrent with the Septra CB, CH2M Hill and City staffhave agreed that a membrane filtration
process would be the most likely alternate to pilot test.
A short presentation will be made by the Utility Engineer, Stephen Sperr, to explain in more
detail the Evaluation of Filtration Alternatives and the treatment processes involved.
In order for the pilot testing's planning and preparation activities to proceed and to meet the time
constraints of the BCA, Public Works & Utilities staff ask the City Council to concur with .
CH2M Hill and staffs decision to pilot test the Septra CB treatment process in order to
determine if it is the best municipal treatment facility to be installed if the Elwha dams are not
removed. In addition, it is recommended that the City Council also allow the Public Works and
Utilities Director to negotiate with the DOH a Pilot Testing Protocol that mayor may not include
membrane filtration in addition to Septra CB.
The Utility Advisory Committee, at its September 10, 2001 meeting, reviewed the proposed pilot
testing plan and recommend that City Council approve proceeding with the pilot testing as
discussed above.
N:\PROJECTS\20-18 GWI\MEMOS\CC9_18_01 memo.wpd
.
174
,
September 18, 2001
City Council Meeting
GWI Status
. Bilateral Compliance Agreement
(BCA),with Department of Health
(DOH)J:~quires submission of
EvaluCl~,ionpfFiltra,tion Alternatives
and P,Upt l)l,~i.rJg erotocol by
Septel1iber 24'"
;!.-::;
Evaluation of Filtration
Alternatives
. Five filtration alternatives were
considered for the Elwha Ranney
Collector:
1. Slow Sand
2. Direct
3. Precoat
4. Membrane
5. Membrane Cartridge
;j,')~}-'"
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1
\
Slow Sand Filtration
. Large filter beds of sand - 2.2 acres
required
. Will have to cover because of no
open water within 10,000 feet of
airport
. Not feasible because of filter area
and cost to cover
Direct Filtration
. Rapid filtration rate through sand
and, anthracite coal
. Mos!icomrnon;proven filtration
technology
. Chemicalc:oagulation usually
needed ' .
.:. Backwashirig ilecessary
Precoat Filtration
. Primarily for industrial and
commercial uses
. Uses thin layer of fine material such
as diatomaceous earth (DE) as filter
medium
. Additional filter medium added
during process
. New filter coat needed for each
filter cycle
2
\
Membrane Filtration
. Recently accepted treatment
process
. Membrane is a semi-permeable
physical barrier
. Water is forced through membrane
- contaminants are kept from
passing through (retained)
Membrane Cartridge Filtration
. P~LL Septra CB is new technology
. Consists of bank of PVC modules, each
h9usil)ga synthetic membrane that
filters out contaminants
. ~ot DOIi.~pproved for treatment of
potablew~ter yet
. Modules retain filtered material,
e.ventually replaced and thrown away
Septra CB Cartridge
'},.,',
C"';:i
",.t'
3
'\
Cost Estimate
. Direct Filtration - $12.5 M
. Precoat Filtration - $12.8 M
. Membrane Filtration - $13.5 M
. PALL Septra CB - $5 M
- Estimates can vary from 50% under
to 30% over
Evaluation Criteria
- cost to build
- operation. and maintenance costs
- track record ..
""';'1.'"";,,,. ';!",.,-""" -, ';','",
- treatment effectiveness
- chemlca(use
-regulatorY'acciptance
- operability
- expanClatillity
- area requirements
~solids'disposal"
Results of Evaluation
. Pall's Septra CB Membrane
Cartridge Filtration is most
appropriate treatment option
.Second best is Membrane Filtration
10
~;:'j~.\:;/ '"_,i,
',,'?;,-;',. '.
;t:(o
II
12
4
Cost to Pilot Test
. Pall's Septra CB - $40,000
- manufacturer to cover most
costs
. Membrane filtration - $200,000
- to test 2 or 3 different ones
- City to cover most of the cost
Conclusion
. Pall's Septra CB chosen as
treatment process to pilot test
. Membrane filtration chosen as
..... altern~~~,tr~atment process to also
pilot test only if DOH requires
Schedule
. City to submit Evaluation of
Filtration Alternatives and Pilot
Testing Protocol by September 24
. City to negotiate contract{s) with
manufacturer{s) for pilot testing
with assistance from CH2M Hill
. Pilot testing to begin this tall
13
:,{
..
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5
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.
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WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
September 18,2001
MAYOR DOYLE AND CITY COUNCIL
To:
FROM:
Glenn A. Cutler, Director of Public Works and Util
Compact Fluorescent Lamp Coupon Agreement Amendment
SUBJECT:
Summary: The Bonneville Power Administration offered the City an amendment to the
ENERGY STAR@ Labeled Compact Fluorescent Lamp Coupon Agreement to include torchiere
floor lamps.
Recommendation: Authorize the Mayor to sign the amendment to the ENERGY STAR@
Labeled Com act Fluorescent Lam Cou on A reement.
Back2:round/Analvsis: On April 17, 2001, City Council approved the ENERGY STAR@
Labeled Compact Fluorescent Lamp Coupon Agreement. Coupons, redeemable in the amount of
$6 each, offset a customer's cost to purchase ENERGY STAR@Labeled Compact Fluorescent
Lamps (CFL's). CFL's use about 1/4th of the energy of an incandescent lamp of similar light
output. For example, a 100-watt incandescent lamp can be replaced with a 27-watt CFL while
maintaining the same light output.
Bonneville hired a clearinghouse contractor that provides the coupons to the City including
educational materials and a list of participating retailers. The City received and distributed two
coupons to each of its customers as inserts to utility bills during June and August of this year.
Participating local retailers include Hartnagel Building Supply, Swains General Store, Wal Mart,
Thurman's Electrical and Plumbing Supply, Sunset Wire & Rope, and Angeles Millwork &
Lumber Co. The clearinghouse handles redemption of the coupons for the retailers. The
clearinghouse also provides a payment to the City in the amount of $1 per redeemed coupon to
offset the City's cost of marketing and administration of the program.
Bonneville offered the City an expansion of the current Agreement to allow a $15 coupon for
ENERGY STAR@Labeled torchiere floor lamps in addition to ENERGY STAR@Labeled
CFL's. Subject to City acceptance of the amendment, the torchiere and CFL coupons would be
inserted into the November utility bills and be redeemable through December 31,2001.
On September 10, 200 I, the Utility Advisory Committee supported the above recommendation
to City Council. A copy of the amendment to the ENERGY STAR@Labeled Compact
Fluorescent Lamp Coupon Agreement is attached.
N:\PWK.S\UGH1\CONS\CONSERV A TJONII_OOC'
175
Department of Energy
,
Bonneville Power Administration
909 First Avenue, Suite 380
Seattle, WA 98104
.
ENERGY EFFICIENCY
September 4, 2001
In reply refer to: PNF/ Seattle
Mr. Larry Dunbar, Power Resource Manager
City of Port Angeles
321 East Fifth Street
P.O. Box 1150
Port Angeles, W A 98362
Dear Larry:
The Bonneville Power Administration has initiated the next round of the Compact
Fluorescent Lighting (CFL) Coupon Campaign. The round includes a Torchiere
Compact Fluorescent Lamp (TFL) Coupon option providing a $15 TFL coupon to your
members during the October 1 - December 31, 2001 period. Both utility interest and the
significant energy savings drive this offer. For example, a 63-watt rFL provides the
same level of illumination as a 300-watt halogen lamp with resulting energy savings of
246 kWh. .
.
If you would like to participate in the TFL Coupon Campaign, please sign the enclosed
Amendment. In this Amendment, indicate the number of CFL and TFL coupons you are
requesting. If you are only interested in participating in the CFL portion of the Coupon
Campaign, you do not have to sign the Amendment and can order the CFL coupons as in
previous rounds. Please contact me if this is the option you prefer.
The expiration date of Round 3 of the CFL/TFL Coupon Campaign is December 31,
2001. Round 3 will include the following:
a. Up to two CFL $6 discount coupons (+ 10%) per consumer billing account for
ENERGY STAR@ labeled bulbs rated 13-watts or greater; and
b. One TFL $15 discount coupon per consumer billing account for ENERGY STAR
labeled torchiere floor lamps rated 50-watts or greater.
You may order the TFL coupons beginning immediately and expect the coupons to be
sent out to you within 21 days of receipt of your signed Amendment by Bonneville. If
you only want to participate in the CFL portion of Round 3, you will receive these
coupons 21 days after you place your order with me. We will continue to use your
utility's logo on the coupons.
.
176
.
.
.
2
To expedite the TFL coupon printing process, you may FAX your signed Amendment to
me at 206.220.6805. However, you will need to also mail in the original. Should you
have any questions about the TFL Program Agreement, please call me at 206.220.6775.
Sincerely,
. !
':,.--'; /L..!~.. /'--, ~.'...;,. ~':",_....
Shannon K. Greene
Energy Efficiency Representative
206.220.6775
1 Enclosure: Amendment No.1, Contract No. 01ES-10478
.f'
177
Amendment No. 1
Contract No. 01ES-10478
.
AMENDMENT
executed by the
BONNEVILLE POWER ADMINISTRATION
and
THE CITY OF PORT ANGELES
This Amendment to the ENERGY STAR~ Labeled Compact Fluorescent Lamp
Coupon Agreement (CFL Agreement) is executed by the Bonneville Power
Administration (BP A) and THE CITY OF PORT ANGELES (port Angeles).
The Parties desire to amend the CFL Agreement for the purpose of providing
ENERGY STAR~ labeled compact fluorescent torchiere floor lamp (TFL) rebate
coupons in addition to the ENERGY STAR~ labeled CFL rebate coupons already
offered under the CFL Agreement. The Parties believe that the use of ENERGY
STAR~ labeled compact fluorescent TFLs by Port Angeles' retail consumers will
achieve energy savings and reduce the energy demands of Port Angeles. Port
Angeles desires to promote and make available the ENERGY STAR~ labeled compact
fluorescent TFL rebate coupons to its retail consumers as provided under this
Amendment.
.
Therefore, the Parties agree:
1. TERM
This Amendment takes effect on the date signed by the Parties and shall
continue through the term of the Agreement.
2. AMENDMENT OF AGREEMENT
BP A and Port Angeles wish to amend the Agreement as follows:
(a) Section 2(a) shall be deleted and replaced with the following language:
Port Angeles agrees to participate in the ENERGY STAR~ CFL and
Compact Fluorescent TFL Coupon Rebate Program (program) to be
offered by BP A during the term of this Agreement.
(b) Section 2(b) shall be deleted and replaced with the following language:
In electing to participate in the Program, Port Angeles shall provide
BPA written notice of such election 21 days prior to the start date of
their participation in the Program, a request for rebate coupons in an
amount necessary to supply: (i) up to two CFL coupons per consumer .
billing account; (ii) one TFL coupon per consumer billing account; and
(ill) an electronic form of their logo, if they wish it to appear on the
178
e
e
e.
coupon, and if one has not already been sent to BPA during one of the
earlier CFL Coupon Campaigns.
(c)
Section 2(c). Insert "and TFLs" between the words "CFLs" and "for".
(d)
Section 2(d) shall be deleted and replaced with the following language:
ENERGY STAR iZllabeled CFLs of greater than I3-watts or greater; and
TFLs of 50-watts or greater, are the only illumination products that
are eligible under the Program.
(e) Section 3(a)(i) shall be deleted and replaced with the following
language:
CFL rebate coupons with a face value of six dollars (up to two per
consumer billing account), and TFL rebate coupons with a face value
of fifteen dollars (one per consumer billing account) as requested by
Port Angeles under section 2(b) of this Agreement;
(f) Section 3(a)(ii) shall be deleted and replaced with the following
language:
One educational brochure for every TFL rebate coupon describing the
ENERGY STARiZl labeled CFLs and TFLs.
(g)
Section 3(a)(iii). Insert "and TFLs" between "CFLs" and "in" and add
at the end of this section "(Only applies to first time utility
participants.)" .
(h) Section 3(a)(iv). Add to the end of this section "(Only applies to first
time utility participants.)".
(i) Section 4(a)(i). Insert the words "and TFLs" between the words "CFLs
and "who".
3. SIGNATURES
The signatories represent that they are authorized to enter into this
Amendment on behalf of the Party for whom they sign.
(Signature / Date)
(Signature / Date)
John B. Pvrch. Acting V.P. EE
Nameffltle
Bonneville Power Administration
Agency Name
905 N.E. 11th Ave. Portland, OR 97232
Agency Address
Namerritle
Utility Name
Utility Address
AmendmentNo. 1, OlES- 10478
2
179
BPA CFL/TFL
Energy Efficiency Representative
Utility CFL Contact:
.
Shannon K Greene. Ener~ Efficiencv Rep.
Name
Namefl'itle
Bonneville Power Administration. EE
Agency Name
909 First Avenue. Suite 380
Address
Utility Name
Telephone: (206) 220-6775
Fax: '(206) 220-6805
E-Mail: sklITeene@boa.eov
Utility Address
Telephone:
Fax:
E-Mail:
BP A CFL Program Manager:
Donald J. Davev. COTR.
Nametritle
Bonneville Power Administration. EE
Agency Name
Utility ENERGY STAR@ Contact (if any).:
Namefl'itle
Telephone:
905 N.E. 11th Ave. Portland. OR 97232
Agency Address
Telephone: (503) 230-3124
E-Mail: djdaveV@boa.eov
FAX: (503) 230-4550
E- Mail:
.
Number of Accounts:
Number of Torchiere Coupons Requested:
(Maximum: one per account)
Number of CFL Coupons requested:
(Maximum: two per account plus 10%)
ANY SPECIAL Requirements/requests - size of coupon, delivery to other than the
utility contact, etc):
.
AmendrnentNo. 1, 01ES- 10478
180
3
.
.
.
~. (f
,""I .'~
(.,7.
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
September 18, 2001
MAYOR DOYLE AND CITY COUNCIL
To:
FROM:
Glenn A. Cutler, Director of Public Works and
Fiber Optic Pilot Project
SUBJECT:
Summary: The City and its consultant have proceeded to implement the fiber optic backbone
business plan, including the fiber optic pilot project. The City has received interest from Qwest,
Northland, Capacity Provisioning, and the Clallam County PUD No. 1 that provide opportunities
to achieve City goals in partnership with others.
Recommendation: Authorize a delay to the fiber optic pilot project schedule to allow
additional time to re are and ne otiate ro osals.
Back2round/Analvsis: On May 22,2001, Council approved the Fiber Optic Backbone
Business Plan, which verified the overall feasibility to develop a fiber optic backbone. As part of
the Business Plan, a strategic direction was recommended that explores partnership opportunities
to develop a fiber optic backbone, retaining City development as the opportunity of last resort.
The business plan recommended the City's role should be an infrastructure enabler versus a
telecommunications services provider.
The business plan's mission is "To ensure delivery of broadband telecommunications products
and services to Port Angeles by 2002, by enabling the development of necessary
telecommunications infrastructure." A summary of the business plan's infrastructure
development strategic direction is provided below.
Business Plan Infrastructure Development Scenario Strategic Direction
1. City Development Delay until outcome of Scenarios 2-4
2. City/Cable provider partnership Proceed with negotiations
3. City/Telephone Partnership
4. City/Cable/Telephone consortium Proceed with consortium planning
As part of the May 22,2001 approval, City Council approved a fiber optic pilot project.
In addition, Council authorized staff to proceed with technical and legal consulting services to
negotiate an upgrade to the Cable Operator's infrastructure as part of the franchise renewal.
Furthermore, Council authorized consulting services in support of consortium partner
development. At a special joint meeting of the Utility Advisory Committee and Port Angeles
Works! Committee, on September 10,2001, the City Council recommendation stated above was
endorsed.
181
September 18,2001
City Council Memo
RE: Fiber Optic Pilot Project Status Report 3
Page 2
.
,On July 18, 2001, the City received a proposal from Qwest to build a fiber optic ring and to
operate it for a cost of approximately $750,000 to $1,500,000. On July 26,2001, in response to
Qwest's proposal, the City requested that Qwest respond to, some clarifying questions that were
prepared by Metropolitan Communications Consultants (see attachment A for Qwest
correspondence). On July 26,2001, Northland Cable Television delivered a presentation to the
City on their fiber optic network upgrade plans. Based on Northland's plans, an accelerated
schedule is underway to renew the cable television franchise. On August 31, 2001, Northland
suggested that the City delay moving forward with the pilot project (see attachment B for
Northland correspondence).
On August 30, 2001, Capacity Provisioning accepted a right-of-way license agreement for
construction of a fiber optic network within the City. On September 6, 2001, the Clallam County
PUD No. 1 also accepted a right-of-way license agreement for construction of a fiber optic
network within the City. The PUD recently shared preliminary wholesale pricing information
that will also be discussed at the meeting.
Based on significant partnership development opportunities, MCC and Staff recommends that
pilot project activities ,be postponed until November 1, 2001. The next special joint meeting of
the Utility Advisory Committee/Port Angeles Works! Committee would be held on November .
13,2001 to seek further guidance on the pilot project.
N,IPWKSlLIGHTIPOWM\BUSINESSPLANREPORT IS.DOC
.
182
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Attachment A
Qwest Correspondence
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,.
183
i '~."
~ORT ANGELES
CITVpF
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WAS H I N G TON, U. S. A.
PUBLIC WORKS & UTILITIES DEPARTMENT
Thursday, July 26, 2001
Jane Nishita
Community Affairs
Owest
1600 7th Avenue, Room 3202
Seattle, WA 98191
Dear Ms. Nishita,
Thank you for your interest to construct a fiber optic ring in the City of Port
Angeles. We look forward to discussing your.concept further!
Earlier this year Council approved a Telecommunications Business Planning
Analyses including a mission "to ensure delivery of broadband
telecommunications products and services in 2002, by enabling the development
of the necessary telecommunications infrastructure". As part of that approval, we
authorized a consortium partner approach to develop infrastructure because it .
will achieve the City's goals and be superior and easier to implement than a
standalone City developed and owned infrastructure project.
We are planning to advertise a formal consortium partner'solicitation in
September of this year. However, before proceeding with a competitive process,
the City decided to provide incumbent service providers an opportunity to submit
proposals. Based on your demonstrated interest, we encourage Owest to
respond to some clarifying questions that our consultant, Mr. Richard Li from
Metropolitan Communications Consultants has prepared (see attached).
Based on your July 18, 2001 communication, we encourage Owest to expand
your interests into a detailed proposal for the City's consideration at your earliest
convenience.
Sincerely, ---.. ~i
'/)L~) \
,~.. I'
..- /J A /1/1 J 177-''-"/' /'
.1) 0/ v - ~'1 it/' /../ ./
t/ / Larry 08yle
Mayor
.
321 EAST FIFTH STREET · P. O. BOX 1 150 · PORT ANGELES, WA 98362-0217
PHONE: 360-417-4805 · FAX: 360-417-45.db&4rTY: 360-417-4645
E-MAIL: PUBWOR~S@CI.PORT-ANGELES.WA.US
.
.
.
,.
,'-4. " .
_ _ METROPOUTAN
== COMMUNICAll0NS
-
-= CONSJLTANTS
Seattle: 5847 Mcl<inley A. N.. SeatIIe. W8!tlington 98103
Tel: 206.522.6n8 Fax: 206.522.67n
Tacoma: 1201 Pacific Avenue. SJite 1702. Tacoma. W8!tIin~on 98402
Tel: 253.272.1636 Fax: 253.272.1482 www.mcco.com
MEMORANDUM
Date: July 26, 2001 (Revised)
To: Larry Dunbar
From: Richard Li
QWEST OFFER IN E-MAIL FROM JANE NISHIT A DATED JULY 18,2001
Qwest's interest statement
1. Qwest would be interested in building the entire ring as depicted and then, operating it.
2. We do not see value in constructing a portion of it.
3. As a rough estimate, Qwest could build, operate and maintain the network (or one that provides the
same functionality) for approximately $750,000 - $1.5 M with funds provided to us.
4. We invite you to check that our price tag for this build out is as competitive as you will receive from
anyone else.
Benefits proposed by Qwest
5. By having this ring built - the City effectively reduces the threshold of expense to the prospective
broadband users along the ring.
6. Instead of paying Qwest for
_ construction costs to get the fiber to their doorsteps, and
_ the one-time installation fees and
- a monthly charge
the user would only be paying the one-time installation and the monthly charges.
7. Effectively, the City of Port Angeles would be paying for one element that gets the fiber infrastructure
located closer to the users.
8. Qwest is very interested in working with the City to convert the expressions of interest collected by
the survey into subscriptions for service requiring fiber.
MCC COMMENTS AND QUESTIONS
Introductory Comments
We appreciate Qwest bringing an offer to the table and being willing to seek a means of working with the
City. Our analysis and comments are made in the same spirit of collaboration, with the intention of
clarifying our understanding of the offer and the hope that as we work through the details, a solid,
workable, and mutually acceptable proposition will emerge.
H35
7/26/01
Metropolitan Communications Consultants
-
t.. ..
Revised Memo re July 18, 2001 Message from Qwest
page 2 of 2
Pilot Project
. Under what conditions would Qwest reconsider participation in the pilot project? Would Qwest be .
willing to allow the Oty to interconenct to its central office? Is Qwest willing to allow the City to
utilize any of its current fiber optic infrastructure? Does Qwest want to provide services to users that
participate in the pilot project?
What will be built?
. Recognizing the City's commitment to its citizens and the City's goal to bring city-wide broadband
access, what does the offer cover? The City's plan includes the metro network, consisting of backbone,
distribution system to the end user, and network equipment.
. Qwest's offer implies that the distribution system is included by the reference to "fiber to their
doorstep" in item 6 above. The user paying a "monthly charge" also referenced above in item 6 implies
that the network is lit and that equipment is included.
. The reference to "equivalent functionality" in item 3 implies an alternative. Is this a reference to
integrating existing Qwest infrastructure, and in particular the copper last-mile?
.
Ownership/Regulatory Issues
. Who will own the network that Qwest is offering to build? If the City is the owner, will Qwest be a
network customer or lease fibers from the City?
. If Qwest will be the owner,
_ how does the Oty get a return on its investment?
_ Will the network have "open access" for other service providers?
_ Could another service provider come in and use available dark fibers? .
_ Will Qwest define what products and services will be available, and at what cost?
_ If Qwest is controlling the end-user, who sets the pricing and is this a tariff controlled structure?
_ Would there be an issue for the City of a gift of public funds?
_ Are there any regulatory requirements that may limit Qwest's participation?
Design and Construction
. Is design included? And will the design be able to accommodate Northland Cable's needs?
. In Qwest's offer, are they making a proposal as a contractor/installer/operator? If so, how will the City
satisfy the public bidding laws for municipal public works contracts?
. Can Qwest meet the City's schedule to have the project in operation in 2002?
Operation, Management and Maintenance
. Is Qwest interested in operating, managing and maintaining the City' 5 pilot project and/ or a city-wide
network?
END OF MEMO
.
Metropolitan Communications Consultants
186
6/28/01
Larry Dunbar
eom:
nt:
To:
Cc:
Subject:
Jane Nishita [jhnishi@uswest.com]
Wednesday, July 18, 2001 12:08 PM
Larry Dunbar
Mike Quinn; econdev@cLport-angeles.wa.us
Pilot Project
MR. DUNBAR
Larry:
Qwest appreciates the City of Port Angeles' interest in including Qwest in
your efforts to take fiber optic infrastructure to the doorsteps of your
business community. Your plan calls for a buildout of a dual ring of fiber
infrastructure. Your pilot project in which you are inviting Qwest
participation, calls for building only a small portion of that dual ring.
You invited our expression of interest. Following is how Qwest would be
interested in participating:
Qwest's interest statement:
Qwest would be interested in building the entire ring as depicted and then,
operating it. We do not see value in constructing a portion of it. As a
rough estimate, Qwest could build, operate and maintain the network (or one
that provides the same functionality) for approximately $750,000 - $1.5 M
with funds provided to us. We invite you to check that our price tag for
.is build out is as competitive as you will receive from anyone else.
~y having this ring built - the City effectively reduces the thresh hold of
expense to the prospective broadband users along the ring. Instead of
paying Qwest for construction costs to get the fiber to their doorsteps,
AND the one-time installation fees AND a monthly charge, the user would
only be paying the one-time installation and the monthly charges.
Effectively, the City of Port Angeles would be paying for one element that
gets the fiber infrastructure located closer to the users. Qwest is very
interested in working with the City to convert the expressions of interest
collected by the survey into subscriptions for service requiring fiber.
Thank you for inviting our interest. We look forward to discussing this
concept further.
Jane Nishita
Community Affairs
Qwest
Phone: (206) 345-2316
Fax: (206) 346-7289
E-mail: jhnishi@qwest.com
.
1~7
Attachment B
Northland Correspondence
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188
to, .
~ORT ANGELES
CITV..OF
e
WAS H I N G TON, U. S. A.
PUBLIC WORKS & UTILITIES DEPARTMENT
Monday, July 30, 2001
Pete Grigorieff
Regional Manager
Northland Cable Television
725 East First Street
Port Angeles,W A 98362
Dear Mr. Grigorieff,
Thank you for sharing your plans to upgrade your fiber optic network in the City
of Port Angeles. We look forward to discussing your concept furtherl
.
Earlier this year Council approved a Telecommunications Business Planning
Analyses including a mission "to ensure delivery of broadband
telecommunications products and services in 2002, by enabling the development
of the necessary telecommunications infrastructure". . As part of that approval, we
recognized the opportunity to partner with Northland as part of the franchise
renewal and authorized a consortium partner approach to develop infrastructure.
We believe that either approach will achieve the City's goals and be superior and
easier to implement than a standalone City developed and owned infrastructure
project.
We are planning to advertise a formal consortium partner solicitation in
September of this year. However, before proceeding with a competitive process,
the City decided to provide incumbent service providers an opportunity to
negotiate proposals.
Based on your July 26. 2001 presentation. we are interested in promptly
proceeding with informal discussions and negotiation of your next franchise.
Sincerely.
.
.f'
321 EAST FIFTH STREET · P. O. BOX 11501.sf~RT ANGELES. WA 98362-0217
PHONE: 360-417-4805 · FAX: 360-417~45 t'~ TTY: 360-417-4645
F-MAIL: PU8WORKS@CI.PORT-ANGELES.WA.US
~h:' ~:):~~::.<.ii;~~~: :
.. i..
r,'J::~:)~ ~
NORTHk4ND
COMMUNI01TIONS
CORPORATION
.
1201 Third Avenue, Suite 3600
Seattle, Washington 98101
FAX (206) 623-9015
(206) 621 -1351
VIA CERTIFIED MAlL. RETURN RECEIPT REOUESTED
August 31, 2001
Mr. Larry Dunbar
Power Resources Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, W A 98362-0217
VIA E-MAil.. & U.S. Mail
RE: Informal Proposal for the Renewal of Cable Franchise
Dear Larry:
I was hoping to catch you on the phone today, as I wanted to update you on our efforts in
responding to the fIrst draft of the proposed renewal of NortWand's cable television franchise in Port
Angeles.
.
As we discussed last week, it is indeed taking us longer to get through the fIrst draft of the
franchise proposal. We have received, and appreciate the opportunity to view the draft Needs Analysis
and Assessment as part of our review process. Unfortunately, I do not believe that we will have all of our
senior management team's input to you prior to our scheduled meeting on Wednesday, September 5th as
many people here have been unavailable or out on vacation. Nevertheless, we are seriously and
thoroughly reviewing the document, realizing that time is of the essence to meet your schedule with the
Utility Advisory Committee and the Port Angeles Wodes Committee meetings scheduled for September
1 nth.
I'V .
That said, I would like to propose that we do not meet on Wednesday, and instead let us use that
time to fully fInish our markup for your subsequent review. I would also recommend that we meet soon
after your receipt of our comments so that we can maintain a timely schedule and proceed with the
franchise renewal efforts. NortWand's goal remains to renew the cable television franchise under terms
and conditions that are benefIcial to both parties. In order to accomplish this, we want to be absolutely
sure that we understand the City of Port Angeles's desires, and that we are able to articulate ours to you.
To illustrate this point, we believe that the City's pilot project should be incorporated into our rebuild
plans so that any and all cost efficiencies can be maximized. Weare of course, continuing with our
design, and cannot over emphasize the potential benefIts of including the City's needs into this phase of
our upgrade. I believe that both parties are committed to bringing all of this together as part of the
franchise renewal process.
Again Larry, I really appreciate all of your assistance and support in developing this format in
which we can proceed to renew the cable television franchise under informal negotiations. Just to
reiterate, the formal procedures of the 1996 Telecommunications Act will be held in abeyance, and
.
Di62b
190
'-',
~ Punlt.::.:: or. tE'L'fClt"O pa,:~:
.
.
.
~.
< "F~~'t~:~,,;,;;,:~<,'~4t-;,:iA,c~
NortWand has not waived and does not intend to waive any of its renewal rights set forth in the 1996
Telecommunications Act.
Sincerely,
NORTHLAND CABLE TELEVISION, INC.
~~
Michael W. Roberge
Operations Manager, Western Division
Cc:
Richard C. T. Li, Metropolitan Communications Consultants
Pete Grigorieff, NortWand
Laura Williams, Northland
Richard J. Dyste, Northland
Di/79b.doc
Di62b
191
.
.
.
192
.
The Port Angele,$
Telecommunications Network
Pilot Project Status Report
September 18, 2001
Pilot Prioject Applicant,s
Category Business I Organization
Priorily 1i Sites
Number
Street.
M 1.
M 3.
M 4.
M 5.
M 6.
M 6a
M 6b
Peninsula Comm. Mental Health Center (2nd St House)
Peninsula Comm. Mental Health Center (Children's Center)
Peninsula Comm. Mental Health Center (Horizon Center)
Peninsula Com m, ~<1 ental Health Center (M ain)
Lower Elwha K1aUam Tribe, 2851 Lower Elwha Rd.
Lower Elwha K1allam Tribe, Ted Smith
Lower Elwha K1allam Tribe
138
1004
205
n8
1026
1304
243511
W. 2nd 51.
W. 16th 51.
Eo 5th 51.
Eo 8th 5t.
E. 1 st 51.
S. Oak 51.
Hwy 101 W.
G 1. City Hall
G 3. Fire Dept Business Office
G 4. Senior and Community Center
G 6. Wastewater Treatment Plant
G 2. C1allam County Courthouse
G 7. Drug T ask Force
G 8. Child Support Enforcement
G 9. oo9aJ!~!fl",f9' M aintena.n~e ?t,lOp~. .
P'riority 2 Sites
-- ,. --," "- ...~ .
G 5. Fine Arts Center
G 10. Fairgounds
G 1 1 . Juvenile Services
... - --- ,""'"""
321
102
328
1509
223
240
421
1033
'~
. .
1203
1608
1912
-
[=<"~--~j
G 2. . Red l:etters indicate sites originall'y StJOWfl in Report No.2
.. G.1 ,1:.... : ~ac:k letters indicate previously not contacted app!~cant sites
E. 5th 51.
E. 5th 51.
E. 7th 51.
Colum bia
E. 4th 51.
W. Front 51.
E. 5th 51.
W. Lauridsen Blvd.
~ .... .."
E. Lauridsen Blvd.
W. 18th 51.
W. 18th 51.
~
r--
!
I
I__n
Pilot Pr~ject Partne,r' Develop,me,nt A,ctivity
'';''~ _;:~"~-~,':;e~ .....:.--,~ .!J~' 'J.e,;"';' ',~,' .~",..~'r.. ,~ ~-_~"._ __ _...; _.. ,~
.i iQw,est proposail, '7/1,8/01
./ Build entire ring (incl,u'ding Pilot)
./ $O.75m - $1,.5m,funds provided to Qwest
./ Clarific,ations requested
./ DSL propo,sa,l reqiuested
· iNorthl,a,nd upg,rad,e proposal, 7/26/01
./ ,Covers ,same area ,and routes as C'ity plan
./ ,On 8/31 suggests delay of City Pilot 'until
flranchise nego'tiations completed,
I
Pil'ot Project, Partner Deveilopment ActiVlity
L ___ _ -
~
· Capacity Provisioning, 8/,3,0/,0:1,
./ Accepted r/w license fori fiber 'lines to
serve School District facilities
· Cla11laml County PUD No.1, 9/6/01
,/'Accepted r/w license for fiber lines
thir,ough 'City
./ ,Shared prelim'inary wholesale pri,cing
inform,ation
. .
T,onight's Request
~-?.;.;-..- _.'.^~;._,--f~~":}~=-~':~.,;;,.,,....'_I~I\-~.~,=.....,"",:_ -_-""",_~~.~.....-~.<~_'=-==.:.",.,...., .,;r, >(~~~. "."'......... ',,' '-~<~_~:.:i~"':-~
· Recommend ,Postponem,ent until ,11/,1/01
" Alliow time to develop Northland p'roposa!11
~ Allow time 'to a,n,ally.ze Qwest plrop,osal
"Avoid duplication of effortandpossiib.le
unnecessary City expenditure
~Return to UAC/PA Works! on 11/13/01
for guidance
What's Next
{-~. -~,.-'~"" to._:;.;~ ::~:~:-,':: '~_~.::.;-_ ''':::::-~::::'-;~---:-::~___,._~'''';-__.-.''? '-~'--'J.~A.,":'!i:!"',~'<~T"<:.:r:~p;~.',~:~,,,- -~ .........",.;,,,, _~lI:l)1
· Staff is continuing with common tasks
./Sites:u'rveys for commo'n Pilot, project and
I,-N,etsites
~'
J
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.
.
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
September 18,2001
To:
MAYOR DOYLE AND CITY COUNCIL ~y;:;
Glenn A. Cutler, Director of Public Works and Util~6b2-
Amendment to Purchase of Conservation Agreement
FROM:
SUBJECT:
Summary: Acceptance of the amendment to the Purchase of Conservation Agreement would
enable the City to provide up to $500,000 to its commercial and industrial customers for energy
efficient improvements.
Recommendation: Authorize the Mayor to accept the amendments to the Purchase of
Conservation Agreement with the Bonneville Power Administration, including revision 1 of
pro.iect 1 and the addition of pro.iect 2.
Back2round/Analvsis: On April I?, 2001, City Council authorized the Director of Public
Works to implement a conservation program that qualifies for the Bonneville Power
Administration (BP A) Conservation and Renewables Credit Discount (C&RD). Staff has
developed a program that qualifies for the BP A C&RD, which has been available since June 1,
2001. The City's C&RD is based on BP A power purchases at the rate of ~ mill per kWh which
represents about $315,000 per year over the next five-year period.
On June 18,2001, the City Council approved the BPA Purchase of Conservation Agreement as
part of its Conservation Augmentation program. Under this Agreement, the City can provide up
to $200,000 for lighting conservation projects to local businesses through September 30,2003.
Available lighting conservation measures include modification or replacement of existing
interior and exterior fixtures and controls.
In response to the City's request to provide its commercial and industrial customers incentives
,. )
for energy conservation measures in addition to lighting projects, BP A offered the City an
amendment to the Purchase of Conservation Agreement. The amendments include a revision for
record keeping and the addition of a commercial and industrial program that is available for a
variety of energy conservation improvements that are not available under the C&RD or current
Purchase of Conservation Agreement, including but not limited to MagnaDrive motor
technology improvements. A copy of the amendment is attached.
Commercial and industrial customers seeking an incentive from the City for energy conservation
improvements under the amended Agreement must prepare a project proposal. The project
proposal must include an energy analysis, method for determining and verifying energy savings,
and estimated cost Each project proposal will be submitted to BP A for review and acceptance.
The customer shall pay the cost of a project proposal.
193
September 18, 2001
City Council Memo
RE: Amendment to Purchase of Conservation Agreement
Page 2
After BP A accepts a project proposal the City would offer the customer an incentive to install the
energy conservation improvements. The incentive would be based on $0.18 per kWh saved not
to exceed 80% of total project cost. The City will be reimbursed for its administrative costs
under the new program in an amount not to exceed 15% of the incentive paid to the customer.
On September 10, j 2001, the Utility Advisory Committee supported the City Council
recommendation to accept the amendment to the Purchase of Conservation Agreement. The City
has until September 30, 2001 to accept the amendment to the Agreement.
N:\PWKS\LIGHT\CONS\CONSERV A nON] O.DOC
194
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~~.. E~"- r~' E: t \.l t ::-
c r:" f-" -- 1-; 2iJO~1
Department of Energy
Bonneville Power Administration
P.O. Box 3621
Portland, Oregon 97208-3621
POWER BUSINESS LINE
August 31, 2001
In reply refer to: PSW-6
Mr. Scott McLain
Deputy Director of Power Systems
The City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362-0217
Dear Scott:
.
Enclosed for the City's consideration are two originals of Revision No.1, Project 1 and the
addition of Project 2 to Exhibit A of the City's Purchase of Conservation Contract
No.0IES-10390. The revision to Project 1 puts this project into a format that allows for the
addition offuture Projects. The revision also add language about record keeping in Section 3.
The addition of Project 2 provides for the City's implemention of a Commercial and Industrial
Program under this Agreement. Under this Project 2, Bonneville Power Administration (BP A)
will fund up to $500,000 of measures in the City's service area.
If you find this contract action acceptable, please have sufficient copies signed to provide one for
BP A and as many other copies as the City needs and return them to this office. The offering of
this contract expires 30 days from the date of this letter.
If you have any questions on the contract, please contact me at (503) 230-3432.
Sincerely,
.' ,~---""""":,.,
~j/ L' <~ ----h--'........ '~. I
<.-/ '/ .' .. --' //
:j~. L- .,-----"> '"
Charles W. Forman, Jr.
Account Executive
Enclosures
.
.f"
195
Exhibit A: Projects, Energy Savings & Project Budgets
Revision No.1, Project 1: Limited Standard Offer for Conunercial Lighting
.
This project revision puts Project. 1 into a format that allows for the addition of future
Projects.
1. Project Description
This Limited Standard Offer (LSO) provides rebates for retrofits of lighting in
commercial buildings. The Measures eligible for payment under this LSO include
only those listed in the Verification Report. In addition, a 25% watt reduction for
each Project is required to receive the rebate. Port Angeles shall ensure that all
materials, including PCB ballasts, are disposed of in accordance with current
environmental laws.
Port Angeles shall implement a commercial sector lighting retrofit program designed
to install the Measures listed in the Verification Report below. Port Angeles may
implement the program using Port Angeles' staff or contractors to provide the
services necessary to install the Measures.
Port Angeles shall provide a work plan to Bonneville which includes (1) a brief
description of Port Angeles' program, (2) method for determining eligible buildings,
and (3) qualifications required for auditors, installers and inspectors.
Bonneville shall review this work plan and upon acceptance, send written
notification to proceed.
2.
Implementation Period
This LSO is available from the Execution Date of the Agreement, or amendment
through September 30, 2003.
.
3. Energy Savings Verification
Port Angeles shall inspect all installations to ensure Measures are installed
correctly and the Measures meet the specifications listed in Section F of this LSO.
Port Angeles shall complete and sign the Verification Report and attach the Wattage.
Reduction Summary Sheet, or equivalent, for each Project and submit it with the
.invoice as described in section 4 below. Port Angeles shall retain all supporting
documents for each Project that include, but are not limited to, purchase orders,
subcontractor invoices, preproject estimates, or other related Project documents.
Bonneville may review these records as provided for in this Agreement. Project
records must be keep a minimum of three years following the termination of the
Agreement.
4.
Bonneville Payment & Invoicing Requirements
Bonneville shall provide $200,000 for implementation of the LSO. Port Angeles may
invoice Bonneville up to this total Implementation Budget for this LSO through
September 30, 2003. If Port Angeles expends this Implementation Budget amount
prior to September 30, 2003, Port Angeles may request additional Implementation
Budget. Bonneville will review the request and may add additional funds to the
Implementation Budget by modification of this Agreement.
.
OlES-I0390, The City of Port Angeles
196
1 cf6
.
Port Angeles may invoice Bortn~Ville when pfdjec::ts are complete, but no more often
than once a month. Bonneville shall review and upon acceptance pay the
reimbursements for Measures installed. Port Angeles shall, if requested by
Bonneville, arrange for an on-site inspection by Bonneville of the Measures
installed.
5.
Program Requirements
(a) The facility shall be non-residential and served by Port Angeles.
(b) The rebate shall not exceed 100 percent of the actual total cost.
(c) All retrofit Projects must reduce the connected lighting wattage by 25%.
(d) Rebates are available for existing facilities only.
(e) Specify Energy Star@ labeling if available.
6. Specifications for installation
(a) Electronic Ballasts for Full Size Fluorescent Lamps
.
(1)
Listing: .The ballast must be listed on the most current Lighting
Design Lab Specification Committee:s Electronic Ballast List for Full
Size Fluorescent Lamps.
(2) General: All electronic ballasts shall meet the requirements ofU.L.
935 'and shall bear the appropriate U.L. label.
(3) Warranty: The electronic ballast shall be warranted against defects
in material and workmanship for three years. The warranty shall
include either a $10.00 replacement labor allowance or complete
replacement including labor by an agent of the manufacturer.
(4) Mechanical Characteristics: Electronic ballasts shall have the
same physical dimensions and mounting arrangements as those of
their core and coil counterparts.
(5) Electrical Characteristics: The electronic ballast shall withstand
input power line transients as defined in ANSI C62.41. The ballast
shall tolerate a line voltage variation of +/- 10%.
(6) The power factor shall be 95% or higher. The lamp crest factor shall
measure 1.7 or less for rapid start ballasts and 1.85 or less for instant
start ballasts.
.
01ES-10390, The City of Port Angeles 1 t)'7
Revision No. I, Exhibit A, Project I, Limited StandardllQtFtfr for Commercial Lighting
2of2
(7)
Total harmonic distortion of the input current to the electronic ballast
shall not exceed 20% of the input current.
.
(8) The electronic ballast shall be Class "A" sound rated and UL Class "P"
thermally protected.
(9) The electronic ballast shall' comply with FCC rules and regulations
Part 18 concerning the generation of both EMI (electromagnetic
interference) and RFI (radio frequency interference).
(10) Electronic ballasts shall operate the lamp at a frequency of 20 kHz or
greater.
(11) The ballasts shall start and operate standard lamps at 50 degrees F
and energy savings lamps at 60 degrees F. Ballast case temperature
shall not exceed 25 degrees C rise above a 40 degrees C ambient
temperature.
(12) The ballast shall be provided with an internal fuse to protect the
electrical power supply from internal component failure. The ballast
shall also be short-circuit protected in the event of miswiring.
(b)
Compact Fluorescent Low Wattage Fluorescent Ballasts
This specification applies to magnetic and electronic ballasts of either
integral or modular configuration operating 5 to 30 watt fluorescent lamps,
regardless of shape or number of driven lamps. This specification does not
apply to ballasts operating fluorescent lamps 2' and longer.
.
(1) Listing: The ballast must be listed on the most current Lighting
Design Lab Specification Committee's Electronic Ballast List for Low
Wattage Fluorescent Lamps.
(2) All ballasts shall comply with Underwriters Laboratory (UL)
requirements and shall bear the appropriate labels.
(3) The power factor for all ballasts shall be 90% or higher.
(4) Total harmonic distortion (THD) of the input current shall not exceed
33% of the fundamental 60Hz. current.
(5) Electronic Ballasts shall comply with FCC rules and regulations Part
18, concerning Electromagnetic and Radio Frequency Interference
(EMI and RFI)
(6) Electronic ballasts covered by this specification shall withstand input
power line transients as defined in ANSI C62.41.
.
o lES-10390, The Ci~ of Port ~geles . . 1 08 ."
Revision No.1, Exhibit A, Project 1, limited Standard 6~r for CommerCial LIghtmg
3of3
.
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(7)
All equipment~?yered by the sgec~cation shall be Class "P"
thermally protected where required by Code.
(8) For all modular ballasts, the lamp current crest factor (ratio of peak
current to RMS current of the modulated waveform) shall not exceed
1. 7 for rapid start ballasts or 1.85 for instant start ballasts.
(9) The ballast shall be capable of starting the designated lamp at the
minimum temperature established by the lamp manufacturer.
Integral units shall state minimum starting temperature.
(10) All ballasts shall be Class "A" sound rated.
(c) Full Size Fluorescent Lamps:
(1) Lamps shall be I" in diameter T8.
(2) Lamps shall have Rare Earth phosphor coating and have a minimum
CRI of 80.
(d) Fluorescent Luminaires:
Components or luminaires shall be D.L.listed or classified.
(e)
Compact Fluorescent Lamps:
Lamps shall have Rare Earth phosphor coating having a minimum CRI of 80.
(f) Screw-in Compact Fluorescent:
(1) Total harmonic distortion (THD) of the input current shall not exceed
33% of the fundamental 60 Hz. current.
(2) Lamps shall meet Energy StarOl> requirements. No equivalents
allowed.
(g) Compact Fluorescent Fixtures:
(1) Components or luminaires shall be D.L. listed or classified.
(2) Recessed downlights shall have a reflector specifically designed for the
lamps.
(3) Recessed downlights shall be vented to provide convective cooling to
the lamp.
4of4
o 1EB.1 0390, The City of Port Angeles 1 00
Revision No.1, Exhibit A, Project 1, Limited Standard'cffffr for Commercial Lighting
(h)
HID Lighting:
Luminaires and retrofit kits shall be V.L. listed or classified per specific
application, (e.g., exterior luminaires to carry a V.L. wet or damp label
designation).
.
(i) Occupancy Sensors:
(1) Occupancy sensors shall be V.L. listed or classified.
(2) Controlled luminaire wattage shall not exceed occupancy sensor
electrical load capacity.
(3) Occupancy sensors shall be provided with manual sensitivity
adjustment or and an adjustable or fixed time delay during which
controlled luminaires remain on after the space is vacated. Fixed time
delay shall be at least 30 seconds and no more than 20 minutes.
(4) Occupancy sensors shall be pro",vided with a minimum 3-year
manufacturer warranty. .
(j)Programmable Thermostats
(1)
Programmable thermostat shall have deadband and 7 -day setback
capabilities; heat pump thermostats shall also have optimal start and
emergency heat lockout features.
.
(2) Programmable thermostats shall include a switch to manually
activate the fan. The fan shall run continuously when this switch is
on. The fan shall run only when the thermostat calls for heating or
cooling when this switch is off.
(3) Programmable thermostats shall be provided with a battery back up.
7. Tables
The attached Table 1: Verification Report, and Table 2: Wattage Reduction
Summary Sheet are part of this Project.
.
0IES-I0390, The Ci~Y. ofPort~geles. . ?no ..,
Revision No.1, ExhibIt A, Project 1, LimIted Standard tJ~r for CommerCIal Lightmg
5of5
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THE CITY OF PORT ANGELES,
WASHINGTON
By
Name
(Pri1ttlType)
Title
Date
.f'
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
~~/[
Account Executive
'Name
(Print/Type)
Charles W. Forman. Jr.
Date
~r-J 3/ 20d I
f I
6of6
01ES-10390, The City of Port Angeles
Revision No. I, Exhibit A, Project 1, Limited Standard2Gl for Commercial Lighting
Exhibit A: Project, Energy Savings & Project Budgets
Project 1: Limited Standard Offer for Commercial Lighting
Table 1: Verification Report
.
Modifications to Existing Fixtures Item Installed Total
Rebate I Quantity Rebate
Existing Fluorescent Fixtures, with mae:netic ballasts;
And T12 lamns. 4' orless, change to:
T8lamps and electronic ballasts with: 2 to 4 lamps $30
11amp $15 I I
and T12 slimline lamns. 5' to 8'. change to:
T8lamps and electronic ballasts with: 2 to 4 lamps $40
1 lamp $20 I I
and T12 HO or VHO lamns. 5' to 8', change to:
T8 lamps and electronic ballasts with: 2 to 4 lamps $50
1 lamp $40 I I
Existing Incandescent Fixture, change to:
Compact Fluorescent, hard wired, replaceable lamp $30
Screw-in Compact Fluorescent, locking base,
replaceable lamp $15
Screw in compact fluorescent $7
Existing Exit Sign, over 17 watts, change to:
Less than 5 Watts (LED) $35
New Lighting Fixtures to Replace Existing Fixtures Item Installe~~ I Total
Rebate Quantit Re bate
Fluorescent Fixtures, 4' or less with Elect. Ballasts and T 8 lamps
2, 3, or 4 lamps $30
1 lamp $15 I I
Fluorescent Fixture, over 4' with Elect. Ballasts and T8 Laml s
2, 3, or 4 lamps $40
1 lamp $20 I
Compact Fluorescent Fixtures, Hard Wired
5 - 17 watts nominal $35
Greater than 17 watts nominal $45 I I
Exit Signs I
Less than 5 Watts (LED) $30 I
High Pressure Sodium or Metal Halide Fixtures
100 W or less $70
101 W - 399 W $120
400 W or greater $200
.
.
OlES.I0390, The City Port Angeles
Revision No. 1
202
lof2
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;;,P~iSiW1r:e:4~'it,j)'~)~~l:!:i:i\:'U"1,~,~~-:~,_rv:~';~f::);~;{;~1~_t~J'~~:~4:~.'~~P
New Lighting and HV AC Controls
Item Installed
Rebate Quantity
Total
Rebate
r Occupancy sensors
Wall-switch mount: 100 to 300 W $20
over 300 W $35
Ceiling or high wall mount, over 300 W $45
Programmable Setback Thermostat (with optimal start and emergency heat lockout)
For HV AC systems with electric resistance heat or
Heat Pumps $50
Total I
Building Name and Address:
Total Cost: $
kWh Savings:
% Watt Reduction
o Watt Reduction Achieved
o All Equipment Meets Minimum Equipment Specifications
[] The Rebate Items listed above have been installed and are operational
Inspected and Approved by:
Date:
0IES.I0390, The City of Port Angeles
Revisio~ No. I, Exhibit A, Project I, Table 1: Verificatio~rt
2of2
Exhibit A: Projects, Energy Savings, & Project Budgets
Project 1: Limited Standard Offer for Commercial Lighting
Table 2: Wattage Reduction Summary Sheet
I\)
o
~
Annual Annual Payment
Measure Installed Existing Measure Watts Watts % Watt Operating kWh Amount (from
(from Table 1) Before After Reduction Hours Savinl!s Table 1)
.
...
,
Total Payable I
OlES-I0390, The City of Port Angeles
.on No.1
lofl
.
.
.
.
.
't
Exhibit A: Projects, Energy Savings & Program Budgets
Project 2: Cominercial and Industrial Program
1.
Project Description
Port Angeles shall implement a commercial and/or industrial sector energy
conservation program. Port Angeles shall follow the procedures and requirements
described below to receive payment from Bonneville for Energy Savings delivered
under this Agreement. Individual projects submitted under this Project 2 shall be
referred to as Subproject A, Subproject B, etc.
2.
Subproject Submission, Completion, and Acceptance
(a) Port Angeles shall submit a Subproject proposal to Bonneville. A Subproject
proposal shall include:
(1) a description of the Subproject,
(2) the timeline to complete the Subproject,
(3) the expected annual Energy Savings,
(4) the methodology for determining Energy Savings (includirig
assumptions used for calculating Energy Savings),
(5)
a plan for measuring and verifying the energy savings which shall
include a description of how the energy use will be measured or
calculated before and after the installation of the Subproject,
(6) the estimated total Subproject cost, and
(7) the total expected cost to Bonneville,
(b) Bonneville shall review the Subproject proposal and provide written notice
either:
(1) accepting the Subproject proposal,
(2) returning the Subproject proposal for modification, or
(3) rejecting the Subproject proposal.
The Parties agree that Bonneville's written acceptance of the Subproject
proposal unilaterally amends the Subproject into this Project 2 of Exhibit A.
(c) Port Angeles shall upon completion of a Subproject provide to Bonneville a
completion report that includes, but is not limited to:
(1)
the actual Energy Savings (including the assumptions and formulas
used),
OlES-I0390, The City of Fort Angeles
lof4
205
(2)
the actual total Subproject costs, any changes in equipment
installation or operations from what was described in the Subproject
proposal, and
.
(3) other information relevant to the Subproject installation.
(d) At Bonneville's request, Port Angeles shall make arrangements for a site visit
to inspect the Subproject as part of Bonneville's receipt and acceptance of the
Subproject completion report.
(e) Bonneville shall review the Subproject completion report and provide written
notice either:
(1) accepting the Subproject completion report,
(2) returning the Subproject completion report for modification, or
(3) rejecting the Subproject completion report.
3. Bonneville Payment
(a) For each completed Subproject accepted by Bonneville, Port Angeles may
submit an invoice to Bonneville.'
(b)
Bonneville shall reimburse Port Angeles the lesser of $0;18 'per actual first
year kWh saved or 80% of the Subproject cost. lfPort Angeles prefers to
offer the Consumer less than 80% of the Subproject cost, Port Angeles shall
specify the actual percentage for a specific Subproject in the Subproject
proposal. Bonneville will reimburse Port Angeles the lesser of $0.18 per
actual first year kWh saved or the percentage specified by Port Angeles for a
particular Subproject.
.
(c) The reimbursement paid for Energy Savings by Bonneville shall be paid to
the Consumer.
(d) Bonneville shall reimburse Port Angeles for administrative costs for each
completed Subproject accepted by Bonneville. The administrative cost will
not exceed 15% of the Subproject reimbursement paid to the Consumer. The
total administrative reimbursement to Port Angeles shall not exceed 15% of
the amount disbursed from the Implementation Budget.
(e) Port Angeles may, if agreed to by Bonneville, request Bonneville's assistance
in exchange for part of or all of this administrative payment.
(f) Bonneville shall, upon receipt and acceptance of properly submitted invoice,
pay Port Angeles in accordance with this Agreement
.
OlES-I0390, The City of Port Angeles
Exhibit A, Project 2, Commercial and Industrial Prograt206
2of4
. 4.
.
.
Delivery Schedule
Port Angeles may begin implementation of Project 2 upon execution of this
Agreement. Port Angeles may submit Subproject completion reports to Bonneville
under this Project 2 through September 30, 2003.
5. Estimated and Actual Energy Savings
The Energy Savings methodology for each Subproject shall be described in the
Subproject proposal per sections 2(a)(4) and 2(a)(5) of Project 2. The actual Energy
Savings for each Subproject as shown in the completion report shall be the basis for
the payment from Bonneville. Bonneville may review Project and Subproject records
as provided for in this Agreement. Project and Subproject records must be keep a
minimum of three years following the termination of the Agreement.
6. Implementation Budget
Bonneville shall make available to Port Angeles an Implementation Budget of
$500,000 for Project 2. For each Subproject proposal accepted by Bonneville, a
portion of the Implementation Budget available for Project 2 shall be allocated to
that Subproject. Port Angeles may continue to submit Subproject proposals until'
the Implementation Budget is fully allocated.
7. Eligibility Requirements
(a)
Subprojects with simple energy paybacks of one year or less shall not be
eligible for reimbursement from Bonneville under Project 2.
(b) Subprojects must contribute to a reduction of the amount of power purchased
by Port Angeles from Bonneville under Power Sales Contract No. OOPB-
12054.
(c) Only commercially available Measures shall be eligible for reimbursement
under Project 2.
(d) All non-residential facilities are eligible for participation in Project 2.
(e) Bonneville will not reimbursement Subprojects under Project 2 for Measures
that have been paid for under another Bonneville program.
(f) Bonneville shall not pay for any Subproject where the equipment to be
installed has already ready been purchased.
(g) Modification to equipment that has been retired in place is ineligible for
reimbursement from Bonneville under Project 2 unless it is under restoration
for installation in a new or expanding facility provided that an acceptable
baseline for determining Energy Savings can be established.
.f"
OlES.I0390, The City of Port Angeles . ?07
Exhibit A, Project 2, Commercial and Industrial Progralr
3of4
THE CITY OF PORT ANGELES,
WASHINGTON
By
Name
(Print/Type)
Title
Date
UNITED STATES OF AMERICA
Department of Energy
Bonneville Power Administration
By
pfLL~~
Account Executive
Name Charles W. Forman. Jr.
(Print/Type)
Date
cP~
~ I , 1411 J
,
OlES.I0390, The City of Port Angeles
Exhibit A. Project 2, Commercial and Industrial Prograxi08
4of4
.
.
.
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WAS H I N G TON, U. S. A.
City Council Memo
Date:
September 18, 2001
To:
Mayor Doyle AND City Council
J~
Tom Riepe, Police Chief
From:
Subject:
Public Hearin~ Required To Receive Federal Grant
Summary: A public hearing must be held prior to the police department receiving a federal Local
Law Enforcement Block Grant (LLEBG), in the amount of$II,567.00 from the U.S. Department
of Justice. The police department intends to apply the funds toward the purchase of a "F orensic
Evidence Drying Cabinet." Among other benefits, the cabinet protects evidence from particulate
and cross contamination while eliminating personnel exposure to putrid odors of decomposition
and harmful bacterial viruses.
The Department of Justice requires that a public hearing be held, prior to the award of the grant,
to allow members of the public an opportunity to provide written and/or oral comments about the
proposed use of the grant funds.
Recommendation: The police department recommends that the City Council hold a public
hearing and take oral and/or written comments regarding the proposed use of the grant funds.
The City Council is not required to take any official action.
Background / Analysis: LLEBG funds may be used for seven broad-based purpose areas. One of
the areas is for "procuring equipment, technology, and other material directly related to basic law
enforcement functions." The police department believes that applying the LLEBG funds
($11, 567.00) toward the purchase of a Forensic EvidenceDrying Cabinet would be an effective use
of resources in the critical area of employee safety and would, in many cases, greatly improve the
quality of our forensic evidence processing.
Attaclunent: Manufacturer Description
101-01-36
209
FORENSIC EVIDENCE DRYING CABINET
FEATURES
The main cabinet filters
are easily accessed
with a special key to
;: . 'or removal and
d"., ..' JI of the bonded
carbon and HEPA
filters.
"jin cabinet prefilter can
.dnged easily between
cases to prevent cross-
contamination.
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Optional automatic
controller monitors al/
functions of the cabinet,
from filter conditions to
airflow.
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Shelves can be installed
and removed with ease.
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The water spray hose makes
it easy to clean the unit.
. TALuS NO. DESCRIPTION PRICE ! t
;PEVD30 ..................................... DRYING CABINET, 30" X 24" X 84" ..................................... $7,900.00 1> 7{IP
pEVD30A..... DRYING CABINET WITH AUTOMATIC CONTROLLER, 30" X 28" X 84" ...Q9,250.~.J,<<.. e
~EVD30D .................~................ DRYING CABINET, 30" X 28" X 84" ..................................... S8,500.00 p~i c. .
.~eVD60 ..................................... DRYING CABINET, 60" X 24" X 84" ................................... 512,950.00 I
.cEVD50 A ..... DRYING CABINET WITH AUTOMATIC CONTROLLER, 50" X 28" X 84" ..... S14,750.00 .
peVL :....0 .................................. DRYING CABINET, 60" X 28" X 84" ................................... 514,000.00 !
,~EVD~~O...:.(:... ...~.:..:.;,..:...~;~.~~~.....;:.~t~ ;,:EMOVABLE SHEI:F FOR DRYING CABINET .........~:..................... $;9~.::.~ .. '. ~..~...._l. .'
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FORENSIC EVIDENCE DRYING CABINETS
:Prp~ectyourself and your evidence from infectious pathogens and noxious odors while reducing possible cr
tamlnation of evidence.
Dry and store evidence with 5RCHlEe Forensic Evidence Drying Cabinet. The cabinet protects your evidence frorr.
particulate and cross-contamination while eliminating personnel exposure to putrid odors of decomposition and harmful b
viruses. The unit is configured to clean the incoming "drying" air through pre-filtration and then filter the cabinet exhaust a
a combination of bonded carbon and HEPA filtration.
Decontamination of the SACHEe evidence drying cabinet between cases eliminates residual DNA that may affect su
s.erology.5IACHEe offers a highly effective decontamination spray kit that will provide high-level disinfection of the cab
spray also will help remove harmful pathogens from prefilters and HEPA filters. 51A1:HIEGD's special bonded carbon
designed to remove the active (noncarcinogenic) ingredients in the 5IACHlEe spray-down solution.
Prior to decontamination the hose-down nozzle may be used to remove gross matter.
Interior shelves also may be removed for either high-temperature sterilization or low-temperature, high-level disinfection
may be connected directly to a fixed drainage system, or the optional automatic pump may be added to the system for
convenience.
The drying cabinet can be outfitted with the AirSafe™ controller which adds many power features to the cabinet includi
· Timing of evidence drying cycle . Cabinet use validation including cabinet hours
· Monitoring of main HEPA filter life · Self diagnostic ensures safe operation
· Automatic pump control and timing · Two-speed automatic blower setting with user pre-set I
· Automatic "Iockouf' feature ensures use of correct filters speed from 0-100% of blower maxI Allows for user con
drying time.
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Leading Particulars:
· All white structural polypropylene construction-the ma
choice for hospital disinfection areas and pharmaceutic.
"clean" applications-NO MORE RUST!
· Exhaust air is HEPA-filtered to remove viral and bacteri,
pathogens plus other particulates to 99.997% efficienc',
microns
· Carbon filtration removes putrid odors and other gases.
filter is required since the unit uses a unique bonded ca
filter-NO FILTER DUST!
· Automatic two-speed operation increases airflow to ma;
when doors are opened
· Easily cleaned to prevent cross contamination between
and evidence
· Custom shelves and drying racks available
· Locking front doors of 3/8" Lexan TM
· Filter monitors indicate when to change door pre-filter al
HEPA filter. Safety alarms will warn of low airflow
· Units are available in standard 30-inch and 60-inch widtl
24" or 28"depths. No ducting required. Unit operates fro.
standard 110V electrical outlet
· Optional automatic waste pump to remove waste water
200 feet from cabinet
Shipping Weight:
30" Cabinet: 300 Ibs.
60" Cabinet: 600 Ibs.
Each evidence drying cabinet includes
three shelves and standard plumbing
SIRCH/~'s forensic containment products meet and exceed OSHA and ANSI Z9.5 standards and guidelines.
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DATE:
To:
FROM:
SUBJECT:
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
September 18, 2001
MA YORDOYLE AND CITY COUNCIL ~
Glenn A. Cutler, Director of Public Works and Uth~ tf2.-
Electric Rate Incre~ses - Public Hearing
Summary: The Bonneville Power Administration is implementing a 46% increase to wholesale
power rates starting October 1, 2001. The City will need to increase rates to our electric utility
customers to maintain the financial stability of the electric fund. Use of reserves in the rate
stabilization fund is also available to reduce the impact on our customers. Angie Sanchez from
Economic and Engineering Services will present the results from the recently completed revenue
requirements study.
Recommendation: At this meeting of the City Council, the results of the revenue requirements study
performed by Economic and Engineering Services will be presented. A public hearing to receive
comments concerning the rate increase from the City's electric customers should be convened after
the presentation. It is recommended that the public hearing be continued to the City Council meeting
on October 2, 2001. At the October 2, 2001 Council meeting, staff will present revised rate,ordinances
for consideration by City Council.
Backe:round / Analysis: The Bonneville Power Administration implemented a rate adjustment
and load based cost recovery adjustment clause (CRAC) that increased wholesale rates to the
City's electric utility by 46.225%. This rate adjustment will become effective on October 1,
2001, and may be adjusted BP A as often as every six months. The City's market power purchase
from Avista Energy is also increasing in price from 14.62 mils per KWH to 19.1 mils per KWH.
Transmission rates from BP A will also increase by about 25%. This will increase our wholesale
power supply costs for non-industrial load by about $2,400,000. Increases to other non-power
costs since the last rate adjustment in 1996 have increased by about $600,000. The other
increases are for items such as increased taxes due to higher rates, labor cost increases, and
capital expenditures.
The increased revenue requirement for power supply and other expenses would require about a
28.5% increase over the two year rate planning period. By utilizing some of the electrical fund
reserves (rate stabilization fund) in the amount of about $683,000 in the first year and $1,025,000
in the second year, the rate increase can be kept to an average increase of 19.5%. Total reserve
levels in the light fund are currently about $9,000,000.
The increases to the rates is also recommende~ Se applied only to the non-basic charge billing
N:\PWKS\LIGHT\POWM\Ltcos200I\Council memo 091801.wpd
components (energy and demand). The rates to customers that have average consumption for the
customer class will receive a 19.5% increase under the proposal by staff. Customers that use less .
than average will receive somewhat less than 19.5% and those customers using more than the
average will see their bills increase slightly more than 19.5%. Rate sensitivity analysis sheets are
attached that depict the percentage increase at various consumption levels. These sheets have
both the current rate and the proposed rate for each of the rate classes.
The proposed rates, at an average increase of 19.5%, are substantial, despite any characterizations
by the Bonneville Power Administration to the contrary, but compare very favorably with rates of
other utilities in the Northwest. Further details of how the proposed rates compare with other
utilities will be provided with the presentation. It is also understood that this increase will be the
most difficult for the City's low-income and disabled customers. The City's program for low-
income and disabled citizens offers discounts of between five and thirty percent, depending on
income levels and family size, for all utility charges. The Utility Advisory Committee feels the
current program meets the needs of our citizens. The low-income and disabled discount program
should be re-emphasized for any customers that are eligible, but unaware of the program.
Also attached is a comparison ofthe City's electrical rates over time with inflation. The City last
raised electrical rates in 1995 by 4.1 % and then lowered rates by 12% in 1996 to the rate levels
that are currently in place.
The City's electrical rate for large industrial customers (Industrial Transmission rate) is based on
the wholesale cast of electric power along with a fixed basic charge of $5870.00. Since this rate .
automatically adjusts for increases to the wholesale rate, no changes are necessary for this rate
category.
After the presentation of the rate proposal to the City Council, and receipt of public comment
during the public hearing following the presentation, staff will prepare revised rate ordinances to
be considered by the City Council at their October 2, 2001 meeting. If new rates are adopted at
the October 2,2001 meeting, the rates would first appear on customer's bills starting November
1,2001.
.
214
N:\PWKS\LIGHT\POWM\Ltcos2001\Council memo 09180I.wpd
Present Bill
Proposed Bill
Customer Charge $11.00 IMo.
Customer Charge
$11.00 IMo.
Energy Charge
All Usage $0.03850 IkWh
Energy Charge
All Usage
$0.0475 IkWh
.
215
CITY OF PORT ANGELES
General Service Monthly Bill Comparison
Proposed Option 1 - Customer Charge @ Present Level, Increase Energy
Monthly Present Proposed Difference .
kWh Use Bill Bill Amount Percent
100 $18.86 $19.78 $0.92 4.88%
200 22.72 24.56 1.84 8.10%
300 26.58 29.34 2.76 10.38%
400 30.44 34.12 3.68 12.09%
500 34.30 38.90 4.60 13.41%
600 38.16 43.68 5.52 14.47%
700 42.02 48.46 6.44 15.33%
800 45.88 53.24 7.36 16.04%
900 49.74 58.02 8.28 16.65%
1,000 53.60 62.80 9.20 17.16%
1,500 72.90 86.70 13.80 18.93%
1,750 82.55 98.65 16.10 19.50%
2,000 92.20 110.60 18.40 19.96%
2,500 111.50 134.50 23.00 20.63%
2,750 121.15 146.45 25.30 20.88%
3,000 130.80 ~58.40 27.60 21.10%
3,500 150.1 0 182.30 32.20 21.45% .
4,000 169.40 206.20 36.80 21.72%
4,500 188.70 230.10 41 .40 21.94%
4,750 198.35 242.05 43.70 22.03%
5,000 208.00 254.00 .46.00 22.12%
5,500 227.30 277.90 50.60 22.26%
5,750 236.95 289.85 52.90 22.33%
6,000 246.60 301.80 55.20 22.38%
Present Bill
Customer Charge
Single Phase
Three Phase
$15.00 IMo.
$37.50
Proposed Bill
Customer Charge
Single Phase
Three Phase
$15.00 IMo.
$37.50
Energy Charge
All Usage
$0.03860 IkWh
Energy Charge
All Usage
$0.0478 IkWh
.
216
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CITY OF PORT ANGELES
General Service Demand Monthly Bill Comparison
Proposed Option 1 - Increase Demand and Energy Charge Only
.
Monthly Monthly Present Proposed Difference
kWh Use kW Use Bill Bill Amount Percent
30% Load Factor
10,000 46 $403.38 $478.47 $75.09 18.62%
12,000 55 $477.55 $567.55 90.00 18.85%
15,000 68 $587.54 $699.65 112.11 19.08%
20,000 91 $774.23 $923.89 149.66 19.33%
25,000 114 $960.92 $1,148.12 187.20 19.48%
30,000 137 $1,147.61 $1,372.36 224.75 19.58%
40,000 183 $1,520.99 $1,820.83 299.84 19.71%
45,000 205 $1,705.15 $2,042.01 336.86 19.76%
50,000 228 $1,891.84 $2,266.25 374.41 19.79%
40% Load Factor
15,000 51 $544.53 $647.74 $103.21 18.95%
25,000 86 $890.08 $1,062.62 172.54 19.38%
50,000 171 $1,747.63 $2,092.18 344.55 19.72%
60,000 205 $2,090.65 $2,504.01 413.36 19.77%
70,000 240 $2,436.20 $2,918.89 482.69 19.81%
75,000 257 $2,607.71 $3,124.80 517 .09 19.83%
. 85,000 291 $2,950.73 $3,536.63 585.90 19.86%
50% Load Factor
25,000 68 $844.54 $1,007.65 $163.11 19.31%
40,000 110 $1 ,336.30 $1,597.91 261.61 19.58%
50,000 137 $1,661.61 $1,988.36 326.75 19.66%
60,000 164 $1,986.92 $2,378.81 391.89 19.72%
70,000 ' 192 $2,314.76 $2,772.31 457.55 19.77%
80,000 219 $2,640.07 $3,162.76 522.69 19.80%
90,000 247 $2,967.91 $3,556.27 588.36 19.82%
105,000 288 $3,457.14 $4,143.47 686.33 19.85%
Present Bill
Customer Charge
Single Phase $30.00 IMo.
Three Phase $75.00
Proposed Bill
Customer Charge
Single Phase $30.00 IMo.
Three Phase $75.00
Energy Charge - All Usage
$0.02570 IkWh
Energy Charge - All Usage
$0.031 IkWh
.
Demand Charge
All Usage
$2.53 IkW
Demand Charge
All Usage
$3.05 IkW
217
CITY OF PORT ANGELES
Primary Monthly Bill Comparison
Proposed Option 1 . Increase Energy and Demand Only
August. April May-July Annual Total
Monthly Monthly Present Proposed Difference Present Proposed Difference Difference
kWh Use kW Use Bill Bill Amount Percent Bill Bill Amount Percent Amount Percent
40% Load Factor
110,000 377 $4,287.78 $5,095.53 $807.75 18.84% $3,033.78 $3,593.73 $559.95 18.46% $1,367.70 18.68%
150,000 514 5,773.96 6,875.37 1,101.41 19.08% 4,063.96 4,827.48 763.52 18.79% 1,864.93 18.96%
200,000 685 7,630.90 9,099.25 1,468.35 19.24% 5,350.90 6,368.72 1,017.82 19.02% 2,486.16 19.15%
250,000 856 9,487.84 11,323.12 1,835.28 19.34% 6,637.84 7,909.96 1,272.12 19.16% 3,107.39 19.27%
350,000 1,199 13,204.86 15,774.62 2,569.76 19.46% 9,214.86 10,996.20 1,781.34 19.33% 4,351.10 19.41%
450,000 1,541 16,918.74 20,222.36 3,303.62 19.53% 11,788.74 14,078.68 2,289.94 19.42% 5,593.56 19.48%
550,000 1,884 20,635.76 24,673.87 4,038.11 19.57% 14,365.76 17 ,164.91 2,799.15 19.48% 6,837.26 19.53%
650,000 2,226 24,349.64 29,121.61 4,771.97 19.60% 16,939.64 20,247.39 3,307.75 19.53% 8,079.72 19.57%
750,000 2,568 28,063.52 33,569.35 5,505.83 19.62% 19,513.52 23,329.87 3,816.35 19.56% 9,322.18 19.59%
50% Load Factor
150,000 411 $5,450.54 $6,488.05 $1,037.51 19.03% $3,740.54 $4,440.15 $699.61 18.70% $1,737.12 18.90%
350,000 959 12,451.26 14,872.11 2,420.85 19.44% 8,461.26 10,093.68 1,632.42 19.29% 4,053.27 19.38%
450,000 1,233 15,951.62 19,064.14 3,112.52 19.51% 10,821.62 12,920.45 2,098.83 19.39% 5,211.35 19.46%
550,000 1,507 19,451.98 23,256.17 3,804.19 19.56% 13,181.98 15,747.22 2,565.24 19.46% 6,369.43 19.52%
650,000 1,781 22,952.34 27,448.20 4,495.86 19.59% 15,542.34 18,573.99 3,031.65 19.51% 7,527.51 19.55%
~ 800,000 2,192 28,202.88 33,736.25 5,533.37 19.62% 19,082.88 22,814.14 3,731.26 19.55% 9,264.63 19.59%
.... 1,000,000 2,740 35,203.60 42,120.31 6,916.71 19.65% 23,803.60 28,467.67 4,664.07 19.59% 11,580.78 19.63%
CO
60% Load Factor
150,000 342 $5,233.88 $6,228.57 $994.69 19.00% $3,523.88 $4,180.68 $656.80 18.64% $1,651.49 18.86%
450,000 1,027 15,304.78 18,289.48 2,984.70 19.50% 10,174.78 12,145.80 1,971.02 19.37% 4,955.72 19.45%
650,000 1 ,484 22,019.76 26,331.34 4,311.58 19.58% 14,609.76 17,457.13 2,847.37 19.49% 7,158.95 19.54%
750,000 1,712 25,375.68 30,350.39 4,974.71 19.60% 16,825.68 20,110.91 3,285.23 19.53% 8,259.95 19.57%
850,000 1,941 28,734.74 34,373.20 5,638.46 19.62% 19,044.74 22,768.46 3,723.72 19.55% 9,362.19 19.59%
1,000,000 2,283 33,768.62 40,401.78 6,633.16 19.64% 22,368.62 26,749.14 4,380.52 19.58% 11,013.68 19.62%
1,250,000 2,854 42,161.56 50,453.16 8,291.60 19.67% 27,911.56 33,387.36 5,475.80 19.62% 13,767.41 19.65%
1,500,000 3,425 50,554.50 60,504.55 9,950.05 19.68% 33,454.50 40,025.59 6,571.09 19.64% 16,521.14 19.67%
Present Bill Proposed Bill
Customer Charge Customer Charge
$200.00 IMo. $200.00 IMo.
Energy Charge. All Usage Energy Charge. All Usage
Aug - April $0.02640 IkWh Aug - April $0.0316 IkWh
May-July $0.01500 May-July $0.0180
Demand Charge * Demand Charge *
On Peak $3.14 IkW All Usage $3.76 IkW
Off Peak $2.11
. . .
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CITY OF PORT ANGELES
Non-Profit Tax Deductible Monthly Bill Comparison
Proposed Option 1 - Customer Charge @ Present Level, Increase Energy
. Monthly Present Proposed Difference
kWh Use Bill Bill Amount Percent
100 $19.32 $20.26 $0.94 4.86%
200 23.64 25.52 1.88 7.95%
300 27.96 30.78 2.82 10.08%
400 32.28 36.04 3.76 11.64%
500 36.60 41.30 4.70 12.84%
1,000 58.20 67.60 9.40 16.14%
1,500 79.80 93.89 14.09 17.66%
1,750 90.60 107.04 16.44 18.15%
2,000 101.40 120.19 18.79 18.53%
2,500 123.00 146.49 23.49 19.10%
2,750 133.80 159.64 25.84 19.31%
3,000 144.60 172.79 28.19 19.49%
3,500 166.20 199.08 32.88 19.79%
4,000 187.80 225.38 37.58 20.01 %
4,500 209.40 251.68 42.28 20.19%
4,750 220.20 264.83 44.63 20.27%
. 5,000 231.00 277.98 46.98 20.34%
5,500 252.60 304.28 51.68 20.46%
5,750 263.40 317.42 54.02 20.51 %
6,000 274.20 330.57 56.37 20.56%
Present Bill
Customer Charge
Single Phase
Three Phase
$15.00 IMo.
$37.50
Proposed Bill
Customer Charge
Single Phase
Three Phase
$15.00 IMo.
$37.50
Energy Charge
All Usage
$0.04320 IkWh
Energy Charge
All Usage
$0.0526 IkWh
* Present and Proposed Bill Use Single Phase Basic Charge
.
219
City of Port Angeles
Lighting Rates .
City Owned Lights Current Proposed Per-cent
Rates Rates increase
100 Watts or less $ 6.00 $ 7.20 20.00%
More than 100 watts, but 150 watts or less: $ 8.75 $ 10.50 20.00%
More than 150 watts, but 200 watts or less: $ 9.75 $ 11.65 19.49%
More than 200 watts $ 11.25 $ 13.50 20.00%
Customer owned lights
100 Watts or less $ 4.50 $ 5.40 20.00%
More than 100 watts, but 150 watts or less: $ 5.00 $ 6.00 20.00%
More than 150 watts, but 200 watts or less: $ 5.50 $ 6.60 20.00%
More than 200 watts $ 7.75 $ 9.25 19.35%
.
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.
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Electric Rate Increases vs. Inflation
80%
.
Ol 50%
en
ns
Ol
l-
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.E
I\) - 40%
r::
I\) Ol I ~ / II-+-rate %
f.)
..... I-
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0-
Ol 30%
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;:, 20%
0
-10%
70%
60%
10%
0%
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
-
~.......
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-------------------
City of Port Angeles
Electric Rate Study
--
Presentation of the Revenue Requirement
and Rate Design to the
City Council
September 18, 2001
Presented by:
Angie Sanchez Virnoche, Project Manager
Economic and Engineering Services, Inc.
Bellevue, W A . Olympia, W A . Portland, OR . Tri-Cities W A
(425) 452-8100 angie@ees-1.com. ees-1.com
-------------------
Overview and Purpose
of the Presentation
--
· General Overview of
Revenue Requirements
· Discuss the Findings and
Results of the Revenue
Requirements
· Present Proposed Rate
Designs
2
-------------------
Revenue Requirements
Determining Overall Revenue Needs
--
1
3
-------------------
Overview of the Revenue
Requirement Analysis
--
· Compares the Utility's
"Revenues" to the
"Expenses"
· Provides a Measure of the
Adequacy of the Utility's
Existing Rates (revenue
generation)
· Utilizes Prudent Financial
Planning
· Allows for Planning Over a
Longer Time Horizon
~
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4
'j, ",;j<,
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-------------------
Detail of the
"Cash Basis" Approach
--
~.
\p;
+ O&M Expenses
+ Taxes/Transfer Payments
.... + Debt Service (P+ I)
...
+ Capital Proiects Funded from Rates .....
...
= Revenue Requirements
- Miscellaneous Revenues
= Balance Required from Rates
= Total Capital Improvement Projects
- Outside Funding Sources
- Long-Term Debt
- Customer Contribution
- Existing Reserves
- Grants
= Capital Projects Funded from Rates
5
~/
~.
l'"
~
-------------------
Key Revenue Requirement
Assumptions
--
· Time Period-Reviewed CY 2001-2005
· Rate Revenues
. Independently calculated based on projected sales
. Escalated at 0.5% per year (Growth)
· Miscellaneous Revenues
. Utilized actual 2000 as baseline
. Escalated at 1 % per year
. Interest Income independently calculated based on reserve levels
· O&M
. Utilized 2001 budget to develop baseline expenses
. Escalated at 3.0% per year
6
-------------------
Key Revenue Requirement
Assumptions (cont.)
--
S\
· Purchased Power
. Independently calculated based on projected load forecast
. Used BPA power rates with 46% load based cost recovery
adjustment clause for Oct. 01 to Sept. 02, base cost of power
for Oct. 02 - Dec 02
. Avista power rates increase from $ 14.62/mWh to $19.10/mWh
in October 01
. Wholesale power costs passed through to Daishowa
. City becomes full requirements BP A customer in Oct 2003
. 2002 power costs increased $4.9 million from 2001 costs
7
';.c;, ,.;r,
o.
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Key Revenue Requirement
Assumptions (cont.)
--
~
· Taxes
. State excise tax calculated at 4.293% of total operating revenue
. City utility tax calculated at 6.6573% of total operating revenue
· Debt Service
. Existing Debt (P&I) $420,000/year
. No new debt issues assumed for time horizon
· Capital Improvements
. CY 2001 funding $1.95 million in capital, all other years @ $1.2
million per year
. All capital assumed to be rate funded
~
~~.
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~ ~\ "" i'i
- - - - - - - - - - - - - ._ - - - - - I
Key Revenue Requirement
Assumptions (cont.)
--
· Fund Balances
. CY 2001 assumes $9.3 million in fund balances (includes
unrestricted and rate stabilization fund)
. Utilize $1.7 million in CY 2002 and 2003 to mitigate rate
.
Increase
9
-------------------
Summary of the Revenue
Requirements (OOO's)
--
CY 2001 CY 2002 CY 2003 CY 2004 CY 2005
Rate Revenues $11,291 $11,347 $11 ,404 $11,461 $11,518
Misc. Revenues 948 983 933 898 842
Total Revenues $12,239 $12,330 $12,337 $12,359 $12,360
Purchased Power $6,252 $8,734 $8,941 $9,593 $9,637
O&M 3,385 3,485 3,588 3,693 3,803
TaxesfTransfers 1,389 1,243 1,248 1,255 1,261
Debt Service 419 418 416 420 422
Capital Improvements from Rates 1,955 1,200 1,200 1,200 1,200
TOTAL REV. REQUIREMENTS 13 ,400 $15,080 $15,393 $16,161 $16,323
Additional Taxes 142 338 375 467 487
Balance/(Deficiency) of Funds ($1,303) ($3,088) ($3,431) ($4,269) ($4,450)
Total Change as a % of Rates 11.5 % 27.2 % 30.1 % 37.2% 38.6%
Add Revenue wi 19.5% Adjustment $398 $2,404 $2,406 $2,410 $2,410
Revenue Needed from Other Sources $683 $1,025
10
-------------------
Summary and Conclusions of
the Revenue Requirements
--
· Deficiency of Funds for Time Horizon Ranges from 27.2% -
38.6%
· 19.5% Rate Adjustment Proposed At this Time
· City Attempting to Minimize Rates by Utilizing a Total of
$1.7 Million in Reserves for 2002 and 2003
· City Will Likely Need to Review Rates Again at the End of
CY 2003
11
-------------------
Overview of Rate Design
--
· Rate design is the process
of reviewing the level and
structure of the rates to
collect the appropriate
amount of revenue in a
manner that best reflects
the policy and philosophy
of the utility
12
-------------------
Typical Goals of Rate Design
--
· Easy to Understand
· Easy to Administer
· Continuity in Philosophy
· Equitable and Non-Discriminating (Cost-Based)
· Provide Revenue Stability
· Promote Efficient Allocation of Resources
· Legally Defendable
· Balance and Priorities
13
-------------------
Final Rate Design Goals
--
· Collect the Desired Level of
Revenues
· Reflect the Way Costs are
Incurred
· Reflect the Balance of Policy
Objectives Against the Desire
for Cost Based Rates
14
.
.
Proposed
Electric Rate Increase
September 18, 2001
Residential R-Ol
Present Rates:
Basic Charge-
Energy Charge-
$11.00/ Month
$0.0385 / kWh
Proposed Rates:
Basic Charge-
Energy Charge-
$11.00/ Month
$0.0475/ kWh
1
I~':F,I'~:,}_ T ;fi\~-:)-,S -!':~--, '", t\-~k::~'
General Service GS-O 1
Monthly Present Proposed Difference
kWh Use Bill Bill Amount Percent
1000 $53.60 $62.80 $9.20 17.16%
2000 $92.20 $110.60 $18.40 19.96%
3000 $130.80 $158.40 $27.60 21.10%
4000 $169.40 $206.20 $36.80 21.72%
General Service Demand GSD-O 1
Present Rates:
Basic Charge- Single Phase
Three Phase
$30.00 / Month
$75.00/ Month
$0.0257 / kWh
$2.53 / kW
Energy Charge-
Demand Charge-
Proposed Rates:
Basic Charge- Single Phase
Three Phase
Energy Charge-
Demand Charge-
$30.00 / Month
$75.00/ Month
$0.031 / kWh
$3.05/ kW
3
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Primary Service PR-Ol
Monthly
kWh Use
Percent
Increase
150,000
800,000
18.90%
19.59%
Assumes 50% Load Factor
Industrial Transmission
· Industrial Transmission rate based on the wholesale
price of power
· No adjustment to this rate class is necessary to pass
the additional costs of power to this customer class
· Industrial transmission customers will see an increase
in rates of about 35%
5
;,~l';l';' " . ,- ~;-' '~f:'<,i;^'
Port Angeles vs. Other Utilities
Cost for
Utility Basic Charge Energy 1500 kWh
City of Port Angeles $11.00 $0.0475 $82.25
Mason PUD #1 $14.95 $0.059 $103.45
Mason PUD #3 $14.00 $0.0516 $91.40
Grays Harbor PUD $7.23 $0.05266 $86.22
Clallam PUD $9.49 $0.064 . $105.49
Electric Rate Increases YS.lnflatlon
80%
70%
./.'
..
so,.
....
./.....
..~..~.
50%
40%
~/.....-'
./.~...
30%
./'._--
,.-
20%
.--/
/'
10%
_,r
~/
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.10%
~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
7
FORTANGELES
. '. -
WAS HI N,G T <;) N, U.S'. A.
, ClallamCountyCommissioners
223 E. Fourth Street '
Port Angeles, W'A 98362.
H:R.2389/PL106-393 ,"
, '
F, orm", any" ye,a",rs;th",eP, ort," 'Angeles City, COUllcil,l1as, b,ee,n, ",co," neemed,With, t4ehea,'1t,hoft"h, "e,'
, ',' , " - , , ", - , - , ',' I ',' , ' '
, overall economy surrounding the City. This is linked to, the generation of activity on adjacent,
,land$,lJot4fore()Inmercialpurposes" ~uch as, sustainableJorestry;' and fQrrecreation.> Tl:1e, key
is~ecess, andwehaveuptedwith (lisplaythe qeterioratjon ofthe.fore'stroad system in the,'
OlYm, piC~;;ltional Forest. .This has led to environplental problems',potentialincreases in
sedimehtatiol1,lackof a,ceess forfire9ontrol, and~lill1inationof the, activities',for which the
"system Was' conStnlcted. ' '
./
, ,
, . _,' . ..-:-'" 1-' .
The,Council believes that discretiomu'yspendin~pe11l1ilted by PL l06~393pr()yides ~ome '
. '" Mlqil1g to addresstms problem'under. Title n. , There is np priority more important than ,
, maintaining,this infrastructqre buil~ atpublic expense for publicpurposes. Thisisvv,here the, '
main emphasis shoulObe, notspendingalarg'e perc<;mtage of the fun(ls on the pu.rchase. of . "
conservation easements or on 'other proj~cts authorizedinTitleIII.W ewouldrecommend
" yo~r conside~atiop' of ~ ~O/20allocationbetween TitleU and Title ~u. "
, . '", . .',
SiIlceyou havethepretogative to' directthese, funds, we 'would appreciat~your consideration'
ofth€lse'views asyou proceed. We would he willing to discu~stheJllatteratanycoiivenie"nt,""
tim~.' Thank you. ' ' , ' . ,
.
CITY COUNCIL MEMO
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY MANAGER'S CALENDAR / REPORT
Septennber 18, 2001
VictoriaIPort Angeles Joint Luncheon Meeting - CANCELED
Real Estate Committee Meeting (moved/rom II'h, this time only)
Airport Road Project Ribbon Cutting
City Council Meeting (Gary Cohn to visit Council @ 5:30 p.m.)
North Olympic Peninsula Cities Association Meeting
Lodging Tax Advisory Committee Meeting
. General Forum on Annexation at Roosevelt Middle School
Planning Commission Meeting
Parks, Recreation & Beautification Committee Meeting
Friday, September 14 11- 4:00 p.m.
Tuesday, September 17 5:00 p.m.
Tuesday, September 18 2:00 p.m.
Tuesday, September 18 6:00 p.m.
Wednesday, September 19 6:00 p.m.
Thursday, September 20 2:00 p.m.
Thursday, September 20 7 - 9 p.m.
Wednesday, September 26 7:00 p.m.
Thursday, September 27 7:00 p.m.
:;fpi:\~NJ4~'
OCTOB
"'J,:"',;:1kP;:tt1~1V::1:";):'~<"'Y'"';"
City Council Meeting
Gateway Project Meeting
Utility Advisory Committee Meeting
Association of W A Cities Regional Roundtable Meeting - Sequim
Law Enforcement Advisory Board Meeting
Planning Commission Meeting
City Council Meeting
Parks, Recreation & Beautification Committee Meeting
.
223
Tuesday, October 2 6:00 p.m.
Thursday, October 4 8:15 a.m.
Monday, October 8 3:00 p.m.
Tuesday, October 9 6:00 p.m.
Wednesday, October 10 6:30 p.m.
Wednesday, October 10 7:00 p.m.
Tuesday, October 16 6:00 p.m.
Thursday, October 18 7:00 p.m.
.
.
.
224
.
.
.
DATE:
To:
FROM:
SUBJECT:
FORTANcnLES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
SEPTEMBER 18,2001
MAYOR DOYLE AND CITY COUNCIL . /
YVONNE ZIOMKOWSKI, FINANCE DIRE~I/,~
INITIATIVE 747
The passage of Initiative 747 will limit the growth of property taxes, without voter approval, to one
percent annually.
The City's revenue sources are growing at a much slower pace than its expenditures, especially in
its two major revenue sources, property and sales tax. Placing additional limits on property tax
increases in the future will limit the City's ability to raise additional revenues.
For the City of Port Angeles, property taxes contribute more than 24% to the General Fund and
Street Fund revenue. A I % increase in property taxes represents $32,225 in revenue. Sales tax, the
City's other major revenue source, contributes approximately 20% to the General Fund and is not
growing at all due to economic conditions. Initiative 747 will not have a significant financial impact
in the 2002 or 2003 budget, because our rate is already at the maximum level. However, in the event
of an increase in the City's property tax base or assessed valuation, we will be limited to increasing
property taxes by only one percent.
On the expenditure side, personnel costs make up 75% ofthe General Fund and grow at a minimum
rate of the cost ofliving increase, projected at 3.8% for 2002. Also, the cost of medical benefits is
increasing an average of 10% annually. It will be difficult to comply with current union contracts
without additional revenue sources. In the event the City's revenues continue to decrease, difficult
decisions may have to be made regarding reduction of services.
However, at the State level, the impact ofl-747 is much greater. With the passage ofl-747, State
wide revenue losses of almost $60,000,000 for 2002, and twice that for 2003, are predicted. Last
year, the voters approved two spending initiatives, 1-728 for education enhancement programs and
class size reduction and 1-732 for cost of living pay increases foi teachers and other school
personnel. These two initiatives represent $800 million in earmarked spending in the State budget.
The passage of 1-747 would result in a cut in state revenues that could help pay for the voter
mandated increases.
The passage of this initiative could have a catastrophic impact on cities, counties, library districts,
fire districts, hospital districts, parks1 etc. Most jurisdictions will be able to survive in 2002, but
once reserves are gone, the future could prove dim.
225
AFSCME Local # 1619 is asking each of its locals to donate one half of their cash balances toward
the fight against passage of! - 747. The money is being used to place advertisements opposing 1- 7 4 7, .
as well as door hangers and various handouts to educate the public on the devastating impact this
Initiative could have on local governments and the services they provide.
Attached is a Policy Brief regarding the potential impacts of Proposed Initiative 747 prepared by the
Economic Opportunity Institute. While there will be no immediate financial impact on the City of
Port Angeles, this Briefc1early outlines the impacts on the State and other taxing districts.
.
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"""-'{ii':r;ri,:y '/,,! "-',:,:,,": 'T ,c; :;:-_',:: ':'j"-'l):};;":y't\l:t:::(,):\'T{"
Potential Impacts
of Proposed
Initiative 747
Steve Idemoto .
E
Economic Opportunity Institute
227
Economic Opportunity Institute
2400 N. 45th Street, Suite 101
Seattle, WA 98103
phone: ~061633~580
e-mail: info@EOlonline.org
web site: vllww.EOlonline.org
August 2001
About the Author
Steve 'demoto is the Economic Security Policy Analyst at the Economic Opportunity Institute. He holds a B.A. in
Political Science and a B.S. in Psychology from the University of Washington.
Acknowledgments
John Burbank, Executive Director; and Marilyn P. Watkins, Economic Security Policy Director; at the Economic
Opportunity Institute, contributed to this brief.
About the Economic Opportunity Institute
The Economic Opportunity Institute is a nonpartisan, nonprofie. public policy institute focused on creating eco-
nomic security for working Americans. The institute builds a bridge to economic security through research, policy,
and public dialogue.
The Economic Opportunity Institute is currently developing pragmatic policies in the following areas: Social
Security, retirement security, early childhood education, health care. family leave, tax policy, and workforce devel- .
opmenr.
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Contents
...........................................................
Introduction 3
Property Tax Overview 4
Tax Regressivity 5
How Are Property Taxes Calculated? 6
Property Tax Limits 7
Effectiveness of Li mits 7
Continued Discontentment with Property Taxes 7
Initiative 747 8
Potential Impacts of 1-747 9
Fire, Hospital, and Other Special Purpose District Levies 1 0
City Levies 1 2
County Levies 1 3
The State School Levy 14
Conclusion 15
Economic Opportunity Institute 1
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Introduction
Under current state Jaw, growth in the property tax portion of state and local government budgets
is limited to the rate of inflation, or up to 6 percent under extraordinary circumstances. I Proposed
Initiative 747 would lower this cap to I percent, unless voters approve a higher increase. Because
inflation consistently averages above I percent 1-747 would cut funding in constant dollars to the
state school levy and to local governments. The Washington Department of Revenue estimates
that total state and local funding losses could exceed $1.8 billion for fiscal years 2002 to 2007.
The state and many local governments in Washington are already in serious financial straits due to
the combination of revenue losses under Initiative 695 and increasing costs - particularly educa-
tion, healthcare, and transportation-related costs. Voters approved Initiative 695 in 1999, repeal-
ing Washingtons Motor Vehicle Excise Tax. This resulted in a loss of revenue to state and local
governments of $1.8 billion for the 2001-2003 biennium.2 A year after passing the large tax cut
voters approved a pair of initiatives (1-732 and 1-728) that mandated over $700 million in new
education spending for the 2001-2003 biennium.3 The costs to the state of providing low-income
health care have also risen exponentially - they are projected to be $ 1 billion higher in 2001-2003
than they were in 1999-2001 - as caseloads and coverage cost per person increased sharply.
Budgetary pressures are exacerbated by the need for increased funding to address the states
significant transportation problems. Proposed Initiative 747 would further destabilize state and
local finances in Washington and lead to cuts in funding for fire departments, libraries, hospitals,
law enforcement agencies, schools, cities, and counties.
While it is unlikely that many citizens favor de-funding community emergency seNices, libraries,
and schools, Washingtons regressive tax system places a disproportionate burden on low- and
middle-income families, engendering significant anti-tax sentiment. Until the issue of tax equity is
addressed by state policymakers, tax-cutting initiatives will probably continue to appear on state
ballots.
Economic Opportunity Institute
3
231
Property Tax Overview
.
According to the latest data from the U.S. Census Bureau, property taxes in Washington accounted
for $ 5.2 billion of the $16.4 billion in taxes collected at state and local levels in fiscal year 1997.
Representing nearly one-third of total state and local tax revenue, property taxes are the second
largest source of revenue in Washington behind general sales taxes.4
State and Local Tax Revenue in Washington
General Sales
46%
Other
9%
Source: Washington Department of Revenue
.
Of each property tax dollar collected, 57 cents goes to schools, 18.5 cents to counties. 13.4 cents
to cities/towns, and 1 1 . 1 cents to special purpose districts. 5
Distribution of Property Tax Revenue in Washington State
Special Purpose
Districts
11.1%
Counties
18.5%
Source: Washington Department of Revenue
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Economic Opportunity Institute
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Property taxes provide 41 percent of county revenue,)5 percent of city revenue, and are the
primary source of funding for public schools, fire protection, library, park and recreation, and other
special purpose districts. 6
Washington State ranked 1 5th nationally in per capita state and local property tax collections. In
fiscal year 1997, per capita property taxes were $928 in Washington compared with a national
average of $817.7 While somewhat high in relation to the majority of states, property taxes as a
share of personal income have remained relatively constant over the past 40 years and have fallen
over the past five. 8 It should also be noted that Washington is one of only 6 states without an
income tax, making it more reliant on property taxes than most other states.
Tax Regressivity
In a regressive tax system, lower-income households spend a larger proportion of their incomes
paying taxes than do higher-income households. Washington States taxes are highly regressive.
An analysis by the Citizens for Tax Justice, in fact, found that Washington had the most regressive
tax system in the nation.9 In systems like Washingtons where middle and Jow-income households
shoulder a heavy and disproportionate share of the tax burden, highly visible taxes like the
property tax (which is typically paid in a lump sum) are particularly vulnerable to attack.
While property taxes do disproportionately impact lower-income households, they are actually less
regressive than a number of taxes in the states arsenal. In comparing the state and local taxes
paid by families in Washington with household incomes of $35,000 and $100,000, for example,
we can see that property taxes are more progressive than tobacco, public utility, gasoline, and
motor vehicle taxes, but more regressive than sales, insurance premium, and alcohol taxes.
Tax
Ratio of percentage of family income paid by
low-income family to percentage paid by
high-income family
CigarettefTobacco Taxes
Public Utility Taxes
Gasoline Tax
Motor Vehicle Fee
Property Tax
Sales Tax
Insurance Premiums Tax
Alcohol Taxes
Source: Washington Department of Revenue
3.5
2.1
J .9
1.9
1.5
1.4
1.3
1.1
Economic Opportunity Institute
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233
How Are Property Taxes Calculated?
To determine property tax rates, county assessors divide approved state, county, city, and special .
district Ii.e. library, fire, hospital) budget requests - which are regulated by statutory limits - by the
total value of all taxable properties.
Property tax rates vary significantly by county, from a high of $ 16. 17 per $ 1000 of assessed
property value in Garfield to a low of $8.29 per $ 1000 in San Juan.IO Generally speaking, counties
with higher average property values have lower levy rates, since a $ 1 0 per $ 1 000 tax rate will
raise much more revenue in a county with many $200,000 homes than in a county with many
$80,000 homes.
To determine the tax on an individual property, the property tax rate is multiplied by a propertys
assessed value. For example, the average property tax bill in 2000 for a home assessed at
$ 1 00,000 was:
Statewide Average Rate x
$ 13.39 per $ 1000 x
Assessed Value
$ 1 00,000
= Property Tax Bill
= $1,339
It should be noted that lower tax rates do not necessarily translate into lower tax bills. Owners of
property that is rapidly appreciating in value will often see significant tax increases, regardless of
whether the tax rate is falling.
In King County, for example, the average levy rate fell from $13.10 in 1999 to $ 12.71 in 2000.11
Increases in property values varied significantly by area, however: ranging from 18.4 percent in
Issaquah to 4.5 percent in Enumclaw.12 Thus, property owners in Issaquah typically saw large
property tax increases between 1999 and 2000, while property owners in Enumclaw typically saw .
relatively modest increases.
The hypothetical owner of an Issaquah home valued at $ 1 00,000 in 1999, then, would have seen
her property taxes increase from $ 1 3 J 0 to $ 1505 between 1999 and 2000 - an increase of 14.9
percent. In contrast, the owner of an Enumclaw home valued at $ 1 00,000 in 1999 would have
seen her property taxes increase from $ 1310 to $ 1328 - an increase of 1 .4 percent.
Issaquah Enumclaw
1999 Assessed Value = $100.000 Assessed Value = $100,000
Average King County Levy Rate = Average King County Levy Rate =
$13. 10 per $ I 000 (1.3 J 0%) $13.10 per $1000 (1.310%)
Property Tax Bill = Property Tax Bill =
$100.000 x .01310 = $1310 $100,000 x .01310 = $1310
2000 Assessed Value = $ 100,000 x .184 . Assessed Value = $100.000 x .045
(18.4% increase in avg. valuations) = (4.5% increase in avg. valuations) =
$118,400 $104.500
Average King County Levy Rate = Average King County Levy Rate =
$12.71 per $1000 (1.271 %) $12.71 per $1000 (1.27 J %)
Property Tax Bill = Property Tax Bill =
$ I 18.400 x .01271 = $1505 $104,500x.01271 =$1328
Difference $ 1505 - $ 131 0 = S 195 $ 1328 - $ 131 0 = S 18
% increase 14.9% 1.4%.
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Economic Opportunity Institute
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Property Tax Limits
Property taxes in Washington are limited by (1) caps on tax rates on individual properties and (2)
caps on increases in the property tax portion of state and local government budgets.
Tax rates on individual properties are limited by the 1 7th Amendment of the Washington State
Constitution, which caps the total regular (non-voter approved) property tax rate at 1 percent ($10
per $ 1 000) of assessed valuations. Because port, utility distria, and voter-approved levies are
excluded from this limit total tax rates often exceed $ 10 per $ 1 000.13
Referendum 47, which placed more stringent limits on annual increases in the property tax portion
of government budgets, was approved by voters in 1997. Prior to approval of this measure,
increases in regular state and local property tax collections were limited by state law to 6 percent
annually. Under referendum 47, increases in colleaions are limited to the rate of inflation. An
escape clause is provided, however. which allows a governing board (e.g. city council, the State
Legislature) to increase budgets by up to 6 percent if the body is able to demonstrate a Usubstantial
need" and passes a levy lid lift resolution by a two-thirds vote.
Effectiveness of Limits
Referendum 47 has reduced property tax growth in Washington. The conservative Washington
Policy Center. formerly the Washington Institute Foundation, released a report in July 2000
(Property Tax Relief in Washington: Referendum 475 Increasing Effectiveness), which concluded
that:
Referendum 47 is proving to be more effective and enduring than even many of its
supporters expected. The number of counties and major cities limiting property tax increases
to inflation is higher today than ever before. 14
The Center found that 2 J of Washingtons 39 counties limited 2000 levy increases to the inflation
rate of 1 .42 percent or less. This is a 50 percent increase compared to 1 999 when a total of 14
counties were able to implement the inflation limit. Moreover. of 21 major cities examined by the
Center in 2000, 62 percent limited budget increases to the inflation rate or less - up from 42
percent in 1999.
Jurisdictions that utilized Referendum 475 escape clause and increased total property tax collections
above the level of inflation did so to meet a variety of challenges, including population increases,
large revenue losses under Initiative 695, and increasing demand for services (particularly in
criminal justice).
Continued Discontentment with Property Taxes
Under the strict limits imposed by Referendum 47, property tax collections as a proportion of
personal income have been steadily falling, yet public discontentment with these taxes has
remained relatively high. There are a number of explanations for the continued agitation.
First, property taxes in Washington disproportionately burden low- and middle-income taxpayers.
While less regressive than a number of taxes levied in the state, property taxes do have a relatively
larger impact on lower-income households. According to an analysis by the Washington
Department of Revenue, for example, a typical 4-person household with an income of $15,000
spends 5.9 percent of its income paying property taxes, while a family with an income of
$150,000 spends 2 percent. The fact that property taxes in Washington disproportionately impact
those who can least afford to pay certainly contributes to their unpopularity.
Economic Opportunity Institute
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Property Tax Burden on
'TYpical 4-Person Household
Household Proportion of Income
Income Spent on Property Taxes
$15.000 5.9%
$25.000 3.9%
$35.000 3.1%
$45:000 2.8%
$55.000 2.6%
$65.000 2.5%
$75,000 2.3%
$ 1 00,000 2.0%
$ 125.000 2.0%
$ J 50,000 2.0%
.
Source: Washington Department of Revenue
.
Second. while property tax rates and aggregate tax collections are subject to limits, there are no
limits on increases in assessments. Thus, as property values in certain areas have soared, individual
tax bills in these areas have also risen markedly. While large increases in tax bills from one year to
the next tend to be widely resented, they are obviously particularly troublesome to those on a tight
budget or fixed income.
Initiative 747
Initiative 747 taps into voters' anti-property tax sentiment by proposing to limit increases in
aggregate state and local property tax collections to 1 percent or the rate of inflation, whichever is
lower. To increase collections above this limit taxjurisdictions would have to place an issue on the
ballot and have it approved by voters. Proponents favor 1-747 because it would slow aggregate
property tax growth. It should be noted, however; that the initiative does not address the
regressivity of Washington~ property tax system nor restrain increases in assessments.
The strict and relatively inflexible limits proposed under 1-747 would significantly impact state and
local governments in Washington. While the initiative would limit increases in aggregate property
tax collections to 1 percent. the Washington State Department of Revenue estimates that inflation .
will average 2.6 percent from 2002 to 2007 (it has averaged 4.1 percent since 1960). By design,
8
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then, the initiative would prevent governments from collecting enough revenue to maintain the
';';,;hr ;', :'-'~'" .
current level of seNices from year to year.
To avoid real dollar spending cuts, local governments and the state would have the option of
submitting levy lid lift measures to votes of the people. This process would entail substantial costs,
however, as each of the more than 1,700 taxing districts in the state would be forced to place
measures on the ballot year after year, simply to ensure that their budgets kept pace with
inflation. IS The cost of placing an issue on the ballot ranges from up to $2 million in King County
to $15,000 for the Woodinville Fire District. 16
Potential Impacts of 1-747
1-747 would have a serious impact on state and local tax revenue and on citizen seNices. The
measure would limit to varying degrees, the ability of fire, . hospital, and library districts as well as
cities, counties and the state to adjust their budgets to meet changing needs. Detailed below is a
breakdown of potential losses to various jurisdictions over a six-year period: 17
Losses in Losses in Losses in
2001-2003 2003-2005 2005-2007 Totals
Fire Districts $24.754,500 $60,623,400 $ J 02,077,900 $187,455,800
Ports $) 2,490,300 $3) ,338,700 $52,908,200 $96,737,200
Ubraries $) 0.709,800 $29.7 J 8,900 $49,697,600 $90,126,300
Emergency
Medical Services $ 5, 964,700 $ 16, 193.300 $29,224,100 $51,382,100
Hospitals $4,247,400 $ J 0.765,200 $ ) 8,58) ,800 $33,594,400
Other Districts $2,047,200 $5,246,500 $8,869, J 00 $1 6,1 62,c800
Metro Park $995.700 $2,532,400 $4,351,800 $7,879,900
Cities General $60,072,500 $) 53,670,300 $260,784.400 $474,900,200
Counties General $43,072,500 $) 03,52) ,200 $ ) 72,3) 5,500 $318,809,200
County Roads $20,) 67,300 $49,593,500 $79,337,000 $149,097,800
State School Levy $34.700,000 $) 22,274,000 $247,773,000 $404,747,000
Total $219,594,900 $585,477,400 $1,025,920,400 $1,830,992,700
Source: Washington Department of Revenue
Economic Opportunity Institute 9
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Fire, Hospital, and Other Special Purpose District Levies
Of the government entities that would be impaaed by 1-747, special purpose districts such as fire,
hospital. library. .and emergency medical services districts would be most severely affected. This is
due to the faa that special purpose districts are extremely dependent on property tax revenue,
with many districts relying on property taxes for 90 percent or more of their funding.
Compounding the situation, the relatively small size of most special purpose districts can make the
cost of going to the voters with a levy lid lift measure prohibitive.
Case studies effectively illuminate the potential impacts of 1-747 on special purpose districts.
Case Study #1: Pierce County Library District
Property tax revenue provides 95 percent of the Pierce County Library Districts Funding. Under 1_
747, the districts revenue losses from 2002 to 2005 would total approximately $ J.5 million.
Projected Revenue Projected Revenue
Under Current Law Under '-747 Difference
2002 $ 14,236,821 $14,101,695 -$ 135,126
2003 $ 14,975,535 $ 14,692,381 -$283,154
2004 $15.729,024 $15,284,699 -$444,325
2005 $ J 6,497,582 $ 1 5,878,699 -$618,883
Total $61,438,962 $59,957,474 -$1,481,488
Source: Pierce County Ubrary Distria Budget Office
The districts budget office suggests that revenue losses under 1-747 would necessitate:
· Cuts in libraries' hours of operation
· Cuts in programs (i.e. childrens reading programs)
. Cuts in materials bUdget.
Some of these funding losses could in theory be recouped if the district placed a levy lid lift measure on the
ballot every year and each year voters approved the measure. Given the high fixed cost of placing an issue on
the ballot (approximately $250,000 in Pierce County), however; and the relatively small budget of the Pierce
County Ubrary District, the cost to the district of going to the voters would actually exceed the potential return
in 2002 and would barely cover the cost of placing the measure on the ballot in 2003.
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Revenue Recovered
wI Levy Lid Lift*
Cost of Placing
Measure on the Ballot
Net Revenue
Recovered
$135,126
-$250,000
-114,874
$283,154
-$250.000
$33.154
$444,325
-$250,000
$ 194.325
$6 J 8,883
-$250,000
$368,883
$1,481,488
-$1,000,000
$481,488
* Assuming the measure passes
Under 1-747, the Pierce County Ubrary District would be placed in a very difficult financial bind.
Because the cost of putting a levy lid lift measure on the ballot would exceed the potential return in
2002. the district would have no option but to accept a budget cut. In subsequent years. the
potential return from a levy lid lift exceeds the cost of putting a measure on the ballot. The risks of
going to the people, however. are substantial in that the district stands to lose an additional
$250,000 - on top of losses under 1-747 - if the measure fails at the ballot.
Case Study #2: Woodinville Fire Protection and Life Safety District
The Woodinville Fire District relies on property taxes for 98 percent of its funding. Under 1-747,
district revenue losses for 2002 to 2005 would total $2.5 million.
Projected Revenue Projected Revenue
Under Current Law Under 1-747 Difference
2002 $7,714,636 $7,918,861 $204.225
2003 $8,314,636 $7,981,050 -$333,586
2004 $8,939,636 $8,053,870 -$885.7 66
2005 $9,584,636 $8,137,614 -$1,447.022
Total $34,553,544 $ 32,091 ,395 -$2,462,149
To handle increasing call volume. the Woodinville Fire District is currently planning to hire 6
additional firefighters in 2002 (the distria currently employs 63 full-time firefighters). If 1-747 passes,
however. Chief Steve Smith says that a freeze will be placed on hiring and the distria will instead be
forced to increase overtime. Moreover; plans to fill gaps in equipment (Le. the district needs a new
ladder truck) would be put on hold indefinitely.
Economic Opportunity Institute
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City Levies
Property taxes in Washington provide an average of 25 percent of cities' operating revenue. \8 .
Under 1-747, cities stand to lose a total of $474.9 million from 2002 to 2007.
Property taxes pay for basic city seNices, including fire and police protection, libraries, park and
recreation seNices, human seNices, and street maintenance. Under 1-747, individual cities would
have a more or less difficult time maintaining these basic seNices, depending on a number of
factors.
Some cities are growing very slowly, if at all, and have not seen significant increases in demand for
seNices. 1-747 would likely have a minimal impact on a majority of these cities (although a number
who suffered large 'revenue losses under 1-695 would face a budgetary squeeze regardless of their
rate of growth). Faster growing cities, however: would almost certainly encounter severe fiscal
challenges under the initiative. Since 1-747 would limit growth in the property tax portion of city
budgets below the level of inflation, cities with increasing populations or increasing demand for
seNices would face significant financial pressures.
While cities would have the option of seeking voter approval of a levy lid lift, the high costs of
placing an issue on the ballot and educating voters would probably make this alternative
impractical for many cities, particularly smaller cities.
Case Study #3: City of Grandview
Under 1-747, Grandview, a city of 8,000 in South Central Washington in Yakima County, stands to
lose a total of $500,000 in revenue between 2002 and 2005.
.
Year Revenue Loss
2002 $46,757
2003 $96,786
2004 $ 150,290
2005 $207,481
Total $501,314
Because of revenue losses incurred under Initiative 695, Grandview has already had to reduce
staffing, hours. and seNices in some non-essential seNice areas such as parks and recreation and
libraries. Street maintenance has also been cut back. Currently, training and travel are available
only to emergency seNice departments and most departments have no discretionary ,funds.
Under 1-747, further reductions would have to be made in non-essential seNices for the first few
years and eventually cuts would have to be made in basic seNices (Le. law enforcement. fire
protection) .
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County Levies
Counties rely on property taxes for 41 percent of their revenue. Under Initiative 747. the Washing-
ton Department of Revenue estimates that losses to counties' general funds would total $318.9
million from 2002 to 2007. County roads would lose an additional $149.1 million over the same
period.
Counties provide a wide array of regional and local services. Regional services include prosecution.
courts. jails. medical examiner services. 91 I dispatch. transit. voter registration. elections. licensing.
and property assessment. Counties also maintain regional facilities, such as parks. fairgrounds. and
county airports. Local services include police. roads. storm water control. garbage and recycling.
and building/development regulation.
Like slow-growing cities. counties in which population or service growth is slow or negative would
likely be minimally impacted by 1-747. In a 2000 study. the Washington Institute Foundation found
that 10 of Washingtons 39 counties held levy increases below the 1.42% inflation rate.19 It is
unlikely that deep service cuts would have to be implemented in these counties under 1-747.
Other counties. however. are experiencing moderate-to-high population growth and are
encountering substantial increases in demand for services. These counties would be hamstrung by
1-747 and many would be forced to cut services. County officials suggest that cuts would probably
be concentrated on park, human services, and natural resource budgets. as it is unlikely that law
enforcement, court, and corrections budgets could be safely reduced below current leve/s.
Case Study #4: ~nohomish County
The Snohomish County Finance Department estimates that the county would Jose $20.3 million in
General Fund revenue and $94 million in County Road revenue between 2002 and 2007 under
Initiative 747. This would come on top of annual revenue losses of $2.3 million injustice system
funding and $1 million in health district funding incurred after the passage of 1-695.20
Criminal justice expenditures, covering costs such as officer salaries, offender incarceration, and
prosecution costs, represent 66 percent of total General Fund expenditures in Snohomish County.
Because it is unlikely that crimina/justice programs could be safely reduced, the $20.3 million in
General Fund cuts projected under /-747 would probably be concentrated on the relatively small
portion of the county budget dedicated to parks, human services, natural resources, and transit.
Snohomish County Roads would collect $47 miffion less in property taxes between 2002 and 2007
under 1-747. BecauseCounty Roads Programs use tax revenues for matching grants from the state
and federal government. actual/osses to Snohomish County would total $94.0 million overthis
period.21 Losses of this magnitude would obviously have severe impacts on ongoing traffic
mitigation efforts in fast-growing Snohomish County, as well as on routine maintenance and repair
activities.
In Snohomish County, the cost to taxpayers of placing a levy lid lift measure on the ballot would be
up to $600,000.
Economic Opportunity Institute
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The State School Levy
.
The states portion of the property tax, called the state school levy, supplies 13.1 percent of state
General Fund revenue.22 While a majority of the General Fund is spent on education, it also
finances human seNices, natural resources, and a number of other government functions.
Distribution of 1999-2001 State General Fund Expenditures
Nat'l
Category
K-12 Schools
Higher Education
Human Services
Other*
General Government
Natural Resources
Total
Dollars in Millions
$9,444
$2,551
$6,350
$1,590
$602
$313
$20,850
*Includes debt seNice. pensions. other education.
transportation, and special appropriations.
Source: Washington Office of Financial
Management
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Initiative 747 would have a serious impact on education in Washington State. In November 2000,
voters approved a pair of initiatives that increase education funding.
Initiative 732 requires that the state provide annual cost of living increases to all public school
employees and to some community and technical college employees. Initiative 728 makes more
money available for reducing class size. teacher training. and extended learning programs.
Together: these initiatives increase spending on education by over $700 million for the 2001-2003
biennium.23
While voters have approved significant new education spending, Initiative 747 would cut funding
to the state school levy by more than $34 million for the 2001-2003 biennium and by over $400
million over the next six years. These revenue losses would complicate ongoing efforts to enhance
teacher pay, reduce class'sizes, improve teacher training, finance capital improvements, expand
community and technical college enrollment to accommodate displaced workers, and otherwise
augment public education in the state.
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Conclusion
Current Washington law has proven effeaive at restraining property tax growth. The state and
many local tax districts have limited levy increases to the level of inflation or lower; and property
taxes as a proportion of personal income have fallen over the past 5 years. Proposed Initiative 747
would replace the lids that are now in place with even lower and less flexible limits _ lids capped
well below the historical rate of inflation. Under 1-747, state and local governments would have to
either cut programs or take dozens of costly levy lid lift measures to the people every year. The
uncertainty and long-term decline in funding would make it very difficult for local governments to
plan for and respond to population growth and changing needs. Initiative 747, in short, would
further destabilize state and local finances in Washington and lead to cuts in fire department.
library. hospital, law enforcement, schoo/, and transportation funding.
While few citizens want to see essential seNices cut. the disproportionately high tax burden placed
on middle and low-income families by Washingtons regressive tax system has led many to support
tax cutting initiatives that hobble state and local government. The anti-tax sentiment that fuels
support for these types of initiatives will likely remain high until policymakers seriously address the
issue of tax regressivity in Washington State.
Endnotes
I A governing board may increase levies above the rate of inflatioQ, up to a 6 percent limit, if they are able to
demonstrate a "substantial need" and pass a levy lid lift measure by a two-thirds vote.
2 Haugen, J. Christopher; "The Noose Tightens: WaShington States Looming Fiscal Crisis," UW Fiscal Policy
Center; January 2000.
3 Seattle Post-Intelligence, June 27, 200J, .Schools, Foster Care Get a Boost from New State Budgets,. by
Angela Galloway.
4 "General sales taxes" include retail salesluse taxes and gross receipts (B&O) taxes levied on gross sales;
"selective sales taxes" include taxes on specific items such as gasoline, liquor; cigarettes and public utilities: and
"other taxes. include motor vehicle licenses and all other taxes. U.S. Census Bureau, WaShington State and
Local Government Finances by Level of Governmenr: J 996-1997," May J 5,200 J, http://\IVVVW.census.govl
govslestimate/97s 1 48wa.html.
5 Property tax revenue for schools comes from 3 sources: the state school levy. local maintenance and opera-
tions levies, and local bond levies. WaShington Department of Revenue. "Property Tax Statistics 2000, . http://
www.dorwa.govlindex.aSp?lreportsltaxref99/. .
6 1 999 city property tax data from the Washington State Auditor; Washington State Association of Counties,
"200 J Legislative Priorities.. http://www. wacounties. org/wsac/ResolutionS%20&%20PoliciesIPriorities.Pdf:
Washington State Department of Revenue. "A Homeowners Guide to Property Taxes." November 1998.
7 Washington State Department of Revenue, Tomparative State and Local Taxes J 997, " December 2000,
http://\iVVVW. dorwa. gov/index.asp? Ireports/taxref99 I.
e Haugen. J. Christopher; "Orphaned Tax Revolt," UW Fiscal Policy Center; October 2000.
9 Citizens for Tax Justice, Who Pays? A Distributional Analysis of the Tax Systems in All 50 States," 1996.
10 Washington Department of Revenue, "Property Tax Statistics 2000," http://www.dorwa.gov/index.asp? I
reportsltaxref99 I.
II Washington Department of Revenue. "Property Tax Statistics 2000." http://www.dorwa.gov/index.aSp?/
reportsltaxref99 I.
Economic Opportunity Institute
243
15
12 In Snoqualmie, property valuations increased by 57.6 percent from 1999 to 2000, but significant develop-
ment has changed the nature of the typical residence in this city, invalidating the comparison. King County .
Assessor; MAssessed Value and Taxes By City, M http://wvvw.metrokc.gov/assessor/AnnuaIReportJ2000/
OOAVByCity. pdf.
13 Port and public utility districts are limited separately by statute to $0.45 per $ I 000 of assessed value.
14 Guppy, Paul, MProperty Tax Relief in Washington: Referendum 47's Increasing Effectiveness, M Washington
Institute Foundation, July 2000, http://wwvv.wips.org/Studies/PBRef472000.htm.
15 League of Women Voters of Washington, MCounty Finances: Tax and Revenue Systems in Washington
Counties, M October 2000.
16 King County Records and Elections and the Woodinville Fire Protection and Ufe Safety District provided
estimates of election costs.
17 Losses assuming that no local districts ask for or receive voter approval to exceed the I percent cap and that
local districts will continue to increase their levies by the percent taken for taxes in calendar year 2000.
18 Association of Washington Cities, MFact Sheet: Initiative 747, M June 200 I ,
19 Counties holding 2000 levy increases below the rate of inflation included Ferry, Adams, Cowlitz, Benton,
Kittitas, Pend Oreille, Skagit, Spokane, Wahkiakum, and Whatcom. Guppy, Paul. "Property Tax Relief in Wash-
ington: Referendum 47S Increasing Effectiveness, .. Washington Institute Foundation, July 2000, http://
wwvv. wips. org/Studies/PBRef4 72000. htm
20 Snohomish County, MSnohomish County 200 I Adopted Budget Summary, M September 2000, http://
wvvw.co.snohomish.wa.us/finance/budget/200 1 BudgetSummary.html.
21 Snohomish County Finance Department Mlnitiative 747 Legislative Issue Paper; M June 20, 200 I, http://
wwvv. co.snohomish. wa. us/finance/Legisfation/lnitiative%207 4 7. doc.
22 Washington Department of Revenue, MA Description of Washington States Budget Process, M 200 I, http://
wvvw. otm. wa. govlbudproclbudproc. htm.
23 Seattle Post-Intelligence, June 27, 200 I, MSchools, Foster Care Get a Boost from New State Budgets, M by
Angela Galloway.
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FORT ANGELES
WAS H I N G TON, U.S. A.
CITY COUNCIL MEMO
DATE:
September 18,2001
To:
Mayor Doyle and City Council Members
FROM:
Sue Roberds, Planning Specialist
SUBJECT:
Department of Community Development
Planning Division Monthly Report - August, 2001
CURRENT PLANNING APPLICATIONS:
Bed and Breakfast Permit
Boundary Line Adjustments
Conditional Use Permits
Environmentally Sens. Areas
Home Occupation Permit
Minor Deviations
Municipal Code Amendment
Parking Variance
Retail Stand Permit
Rezone
Shoreline Substantial Development Permits
Shoreline Exemptions
Short Plat
Street Vacation
Subdivisions
Variance
Wetland Permits
Code Enforcement
o
o
2
o
1
o
o
o
o
o
1
o
o
I
o
2
o
I
SEP A ENVIRONMENTAL POLICY:
Determinations of Non Significance 3
Determinations of Significance 0
Mitigated Determinations of Non Significance 0
DEVELOPMENT REVIEW ApPLICATIONS:
Building Permits
Clearing and Grading Permits
3
o
245
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0.
JAN. FEB. MAK. AI"K. MAY JUNE JULY uAUG. ::>1:1"1. NOV. NOV. lJEC. I:i;AlOQ 3j
RESIDENTIAL-NEW
MODULAR I MOBILE 1 1 1 3 1
....-.................VBtue............-..-... ......'57;142"...... .......................... ....$4'3;00i,..... .......................... .....$45;.500...... ....$224;549..... ....$6ii;880..... .............................. ............................. ........................... ...-........................ ............................
SINGLE FAMILY 1 1 4 1 2 ............~...- 4
........................Vaiiis.-................... ......,94:.000........ .....'98:.255...... ...$483;598.... .......................... ...$159,.9'38..... .....S39.1i;878..... $271,073 ......$354.760...... ............................ ........................... ............................. ............................
MULTI-FAMILY .......................... ........................... ............................. .............................. ............................
................-....Va;us..............-...... .............................. .......................... .......................... .....................-... .........-................ ...............-............ ............................
ACCESSORlf;S 2 5 2 2 2 3
.......................viiiiiii....................... .............................. ......fi9:.ioo...... ....$34}50..... ......$'4;'000...... ....'$'1.2;'650...... ......$14;000-. .....$1-:;;200..... .............................. ......................-.... ........................... ............................ .......................-...
;:'lli;m;;iliffi~r~11;~;i;\r;m\;[!i:r,;;:
RCIAL-NEW
RETAIL ...........................
...............-......i1iiiii'ii...............-..... .............................. .......................... .......................... ........................... ............................ .....................-- .--......................... .......................0;.... ........................... ............................. ............................
HOTEUMOTEL ........................... ......-.................. ..........................
........................iiiiiis....................... .............................. ..................-..... ........................... ............................. .............................. ............................ ........................... .....................-.... ............................
OFFICE 1 1
..........-..........Vaiii'ii.................-.. ...-....-................. ...$200;000.... .......................... .......................... .....-................... ....$.195,000-... .......................... .............................. ............................ .-.......-.............. ............................ ............................
DRINKINGIOINING ........................... .......................... .......................... ........................... .......................... ..............................
.......................v8Tufj'...................... ................-.......... ............................. ............................ ........................... ............................. ............................
AUTO/SERVICE .............................. ........................... .......................... .....--................. ........................... ............................ .......................... .............................. ............................ ........................... ............................ ............................
.......................Va/iis.......................
INDUSTRIAL ...................-........ ........................... .......................... .......................... ........................... ............................. .......................... .............................. ............................ ........................... ............................ ............................
.......................Va/iis.......................
DIII::U II' _ NEW
SCHOOLSlHOSPITALS .......................... ............................. 5
.......................Va/ii'ii....................... .............................. .......................... ........................... ........................... .......................... .....$591;'00'5'..... ............................ ........................... -......................... ............................
CHURCHES .......................... .......................... .......................... ........................... ............................. .......................... .............................. ............................ .............................
......................"iiiiiii'ii....................... .............................. ........................... ............................
RECREATION 1 1
.......................Va/iiii....................... .............................. ........................... .......................... .......................... .....$77;000...... ............................. ....$49;587..... ...-........................ ............................ ........................... ............................ ............................
mr;!rtlt~~1~ri~;!~;;~1<;~fjt;i;::-
REPAIR & ALT.
RESIDENTIAL 27 20 43 43 41 57 32 55
.......................v'iiiii'ii....-................. .....$.129:1'90...... ....$.1.19:268..... ...,204;88'3.... '''$201;'607'''' ...$1.53,.2.1.0..... .....S:;1'ii}77..... ....$92;554..... .....$196:29'3...... ............................. ........................... ............................ ............................
COMMERCIAL 11 10 10 5 8 18 16 21
.......................vi/ii'ii....................... ......S30;0'25....- ...$'1'2'6."777.... ...$184;200.... ....$65;657'.... ....$'38;'335...... ....$238;498...... ....$60;450..... .....s136;529...... ............................ ........................... ............................ ............................
PUBLIC 2 1 2
.............-..-..va/iie....................... ..'$'1.'1.60;500.... ........................... ......s1)'iiiO'...... .......................... ......S7;075....... ............................. .............-....... .............................. ............................ ........................... ............................. ............................
DEMOLITION I MOVE 2 3 1
.......................v'iiiiie...................... ..-......................... ......'1;0i}if...... ......$1;'500....... .......................... ........$500......... ............................. .......................... .............................. ............................ ........................... ............................ ............................
:t:;gm~ti~'~(1!fl~1!~. ,~4'!~j;~'~;~: r:fii~t;trm;~ilim~~~rifjiV: :,:;
0 H PER
R I W CONSTR. 8 3 9 9 3 14 5 2
....................Reveiiu,...-.............. ..-....$741$"......... ........$28S'........ ........,680........ ......S'{125...... ........$34.5"....... .......$1;370........ ...... $350.....- .........$190.......... ............................ ..................-....... ........................... ...........-........-..
NEW WATER SERVo 8 1 8 4 2 5 2 :l!;!ilimt
...........-......Reve;;ue-..-............ .......$"5;'680......... .....$1)50'...... .....$5..535....... ......$'2;1;.;;0...... ........................... ......$1;'665........ .....'''ii,..16ir... ..-.'$'1,'75-...... ............................ ........................... ............................ ............................ l>'gt;~
NEW SEWER SERVo 10 10 4 3 4 5 2
............-....Reveiiue.................... .......'$3:'540......... .......................... ......$3,.825....... ......$.1;6iio...... ...-...S87S......... .........$iHo.......... ......$1:825..... -.$840'.....-.. ............................ ........................... ............................ ............................
..
Applied 90 Issued 85 94% Complete
.
.
.
CITX OF PqRI,~NGELES
PUBLIC WORKS & UTI[ITYOEPARTMENT
MONTHLY REPORT
AUGUST 2001
WATER DEMAND
RAINFALL
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JUl "YG SEP OCT NOY
02000 .2001
02000
.2001
_ 10 Year Average
AVERAGE DAILY WATER DEMAND
LAST YEAR TO DATE (MG) 3.37
iTHIS YEAR TO DATE (MG) 3.10 :
RAINFALL DATA
:10 YR AVG. TOTAL TO DATE
iTHIS YR TO DATE (IN)
'RECORD HIGH THIS MONTH
"RECORD LOW THIS MONTH
14.67;
, 10.73;
3.56;
0.00'
SEWER/STORM SYSTEM MAINI~~~NCE
. MONTH ![Tl___ 'I'~
~EWER SYS~..M JEr:!E:~____~~,_,.,..u._ 1.2;!~. 47",,1.:3.1..
TEMPERATURE
~9RM DRAII:l~.~~IT~..~_
SYSTEM TV INSPECTED
o 260
"0 ---~.~c
TOTAL LANDFILL DISPOSAL
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AUG Sf" OCT NOY DEe
02000
.2001
_ 10 Year Average
ELECTRICAL USAGE
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co. COM HAUL
LANDFILL ANNUAL TONS
'THIS YR TO DATE (TONS) 30.613
LAST YR TO DA-rE'(TONS) 28.8!!!!
Cl 2000 _ 2001
247
MOREPT01.WK'I.O!W12/2001
PUBLIC WORKS & UTILITY DEPARTMENT
MONTHLY REPORT
AUGUST 2001
WATER
. Repaired one 10" main break
. Repaired one 2" main break
. Repaired 13 water service leaks
. Installed 3 new water services
. Installed 4 water meters on non-metered services
. Changed out 2 inoperable meters
. Installed 1 new fire hydrant
. Performed 2 hot taps
. Assisted with Airport Road Project: hot tap and testing
WASTEWATER COLLECTION
. Cleaned and videoed reservoir drain line for contractor
. Assisted Stream keepers with Peabody Creek samples
. Repaired Marine Drive storm line
. Used Vactor truck to excavate and repair steam/heat lines at WWTP
. Continued training on Vactor truck
WASTEWATER TREATMENT
. NPDES monthly report showed no violations
. Staff worked with local discharagers on pretreatment issues
. Magnadrive and PRIME finished blower conversion
. Replaced four inch boiler line at the secondry building
. Monthly O&M on leachate & treatment at landfill
I EQUIPMENT SERVICES
. Work Orders: 109
. Service Orders: 31
. #48 2001 Patrol Car - outfitted for service
. #1905 Packer Truck - rewire main harness
. #1911 Packer Truck - service and wiring repairs
. u#J907'_F'acker Jruck~replace packerassembly_ __
. #1915 Compactor - service and misc. repairs . -I
. #1916 Ten yard Dump Truck - service and brake work
#1917 loader - engine work, cam replaced
. #1920 Packer Truck - transmission warranty work, rollers, power steering
LIGHT OPERATIONS
. Completed Washington Substation maintenance
. Moved transformers from "I" Street and Washington substations
. Cleanup on Albert site
. Repaired outage at High School
.' Hired signal technician
248
UOREPTOl WI(.-O~1212OO1
SOLID WASTE -I
RECYCLING:
. Manned booth at Clallam County Fair
. Provided recycling services for Circus Chimera
. Newspaper recycling insert completed
. Coordinated recycling for Clallam County Fair
COLLECTIONS:
Total 90s placed for conversion: 1165
Requests recyling services in conversion area: 186
Requests for new recyling services: 4
STREET
. Preparation for overlay on Marine Drive
. Sidewalk survey, city wide
. Assist Solid Waste on special collections
. Herbicide spray roadways city wide
. Grade Hazel Street and Lincoln Park
. Asphalt repairs, various locations
. Sidewalk repairs, various locations
. Vegetation abatement, various locations
Building maintenance: service garage, Senior Center, City Hall
. Sign maintenance: lane markings, crosswalks
. Traffic Control: various city events
ENGINEERING & PERMITS
. Francis Street Park construction support
. Valley Creek culvert mapping support
. Airport Road Realignment project construction support
. Annexation support
. 8th Street reconstruction construction support
. Elwha Dam removal mitigation support
. I & I Pilot Program Support
. 8th Street Bridges repair/replacement support
. Fire Hall Roof repair support
. Gateway Project design support
Landfill Cover Project construction support
. High Zone Reservoir support
. Laurel Street Side Repair design support
. SCADA Phase II support
. Rayonier to Lee's Creek Waterfront Trail design support
. 5th & Race Signal design
. "I" Street Substation transformer station contract support
. Ennis Street slide repair design
. Front Street sidewalk design
. Ediz Hook OH-UG conversion contract support
. Substations LTC Filter design
. 2001 Paving/Chip Seal design
. Stormwater GAP analysis support
. Lincoln Street stormwater design support
. Crown Park design support
. Black Diamond Reservoir Cover construction support
. Carnegie Library design support
.
.
.
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Mission Statement:
In partnership with our community, the Port Angeles Police
Department recognizes its mission to serve in a compassionate,
courteous, and professional manner, to promote freedom and peace of
mind, pride in our neighborhoods, and the safety of our families.
~
. Detectives located and arrested a 32-
year old Port Angeles man on a King
County Superior Court arrest warrant.
The man had been the subject of a
statewide manhunt in connection with
a Child Rape in the First Degree. He
was incarcerated in the Corrections
Facility.
was able to avoid being stabbed while
punching the suspect several times. The
suspect, who fled after making verbal
threats to get a gun, was apprehended,
several blocks away. He was booked into
the corrections facility for Assault in the
Second Degree.
. A 36-year old Sequim paramedic was arrested by
detectives on a. Mason County arrest warrant.
The paramedic allegedly had been taking the
medications Demerol and Percocet from the aid
car for his own personal use. After his arrest and
termination in Mason County the paramedic
went to work for the Sequim ambulance where
similar accusations came to light. Detectives are
continuing their investigation.
.
. A 26-year old Port Angeles man was taken into
custody for Felony Harassment and Possession
of a Stolen Vehicle. The man, who had recently
moved to Florida, started calling an ex-girlfriend
in Port Angeles and making threats. He
threatened to return to Port Angeles, kidnap her
and kill her baby and new husband. The suspect
made additional threatening phone calls to his
ex-girlfriend as he progressed in his drive across
country. The man made one last threatening
phone call during which he claimed to be two
hours away from Port Angeles. The man was
located by Clallam County Sheriffs Deputies as
he was driving into Port Angeles. The vehicle he
was driving was determined to have been stolen
in Florida. The case has been forwarded to the
prosecutor for charges.
.
. Officers responded to a reported assault with a
knife. Officers determined that a 49-year old Port
Angeles man showed up at the house of an ex-
girlfriend and an argument ensued. During the
argument the suspect refused to leave and
another bystander became involved. As the
suspect and the bystander were arguing, the
suspect pulled out a knife and lunged at the
bystander several times. Luckily the bystander
. Detectives and patrol officers of the
Port Angeles Police Department responded to the
report of a suspected Jefferson County bank
robber frequenting the Office Sports Pub.
Employees of the pub had recognized the robber
from a picture in the newspaper. Surveillance
was set up at the pub and the suspect, a 53-year
old Jefferson County man, was taken into
custody without incident. The suspect had a prior
conviction for bank robbery from the Seattle
area.
. Officer Tom Kuch and Officer Glenn Wood
responded to a reported vehicle prowl in progress
call in the 1000 block of East 4th. Officer Kuch
arrived in the area and located two suspects
hiding behind a car that had been broken into.
When contacted by officers the suspects were
ordered to place their hands on the car they had
been hiding behind. Two males, ages 20 and 17,
were found to be in possession of stolen property
consisting of music cd's, radar detectors, cd
players, checkbooks, credit cards and other
items. Later it was determined that the suspects
did not attempt to flee because the younger male
was too frightened. Both were incarcerated.
. During a routine traffic stop on a vehicle with
loud exhaust officers arrested a 22-year old Port
Angeles female for driving while her license was
suspended and having an outstanding Kitsap
County arrest warrant. A search of the vehicle
was conducted and seven individual packages of
marijuana, weighing a total of 29.7 grams,
portable scales, and a cellular phone were
located. A 19-year old male passenger, a co-
owner of the vehicle, was also taken into custody
and $300 in cash was seized. The male was
251
.
CRIME PREVENTION
Corporal Jack Lowell
Crime Prevention:
. Two new Crime Stoppers profiles
. Gottschalks Kids Day
. DUI Task Force Meeting
. Kiwanis meeting
"
Commission.
Miscellaneous:
. Monthly report
. Local Law Enforcement Block Grant
. Obtained a laptop computer with fund-
ing received from the Traffic Safety
Investi!!ation:
. Death Investigation-Suicide
. Death Investigation-Suicide
. Jefferson County Bank Robbery
. Background checks on prospective
. employees.
. Follow up investigations on earlier cases
SUMMARY OF POLlCE OFFICER OVERTIME HOURS
AUGUSf2001 (thru 08-19-01) .
Activity Hours YfD
Callback 0 21.5
Ccmmittees and Meetings 9 71.75
Coort Time 9 125.5
DARE, SclDol Resource Officer, School Patrol 0 28.5
Paid Details (outside funding) 16 183.5
Holiday 0 513
In Custody Arrests 17 103
Investigations'Dom:stic Violence, Warrants 20.5 315.5
Report Writing 22 134.5
Shift Coverage 113.5 688.75
Training and Travel 0 613.75
Twelve Hour Rule 0 82
Miscellareous * 6.5 78.25
Total 213.5 2959.5
~rcent ofScreduled Work Hours 5.4% 5.4%
"Range. K-9 Training, DUI Emphasis. Firearms Instruction, Special Events
.
3
253
.
incarcerated for Possession of Marijuana with
intent to deliver.
. The next day the aforementioned 19-year old
male was taken into custody for residential
burglary and domestic violence assault. He was
handcuffed and secured in the rear of a patrol
car. As the officer questioned the victim and
witnesses about the incident the male suspect
escaped from the rear of the patrol car. and fled
into nearby woods. Corporal Millar and K-9
Arco responded and conducted a search of the
area. Arco located the male hiding nearby and
held him until officers could take him into
custody.
.
. A 39-year old Port Angeles male driving a semi-
tractor rig struck a car at the Front Street and
Lincoln Street intersection. The driver of the
semi-tractor backed away from the accident,
pulled forward and attempted to drive away.
The semi-tractor pull forward again and struck
the car a second time. The driver then made a
left turn and drove away from the scene.
Responding officers quickly located the truck
and a neighborhood canvass resulted in the
arrest of the driver. The driver was booked on
the charge of hit and run and the vehicle he was
driving was impounded.
. A Port Angeles man was stopped for a traffic
violation by a Clallam County deputy sheriff.
He provided a phony name to the deputy to
avoid being arrested on a misdemeanor arrest
warrant and driving while his license was
suspended. A records check on the alias
revealed the existence of a felony arrest warrant
that had been issued for auto theft. The deputy
attempted to take the man into custody, but he
fled into thick woods. Corporal Kevin Miller
and K-9 Arco responded to assist with the
search. Arco quickly located the concealed
male and held him until officers could take him
into custody. The male was treated at the
hospital before his incarceration.
.
. An officer stopped a 1987 Ford van in the 400
block of East 9th Street. An investigation lead to
the arrested of a 2 I-year old Port Angeles male
for driving under the influence. After processing
the male he was incarcerated in the Corrections
Facility. The next morning the owner of the
1987 Ford van reported that it had been stolen
the night before. The case has been referred to
the prosecutor for the filing of charges.
. Detective Winfield arrested two adult males for
stealing trucks from the City Corp. Yard, taking
the vehicles for joyrides and burning the
vehicles. The investigation is continuing in
other vehicle that had been reportedly stolen
and burned.
Training Hours for
the Current Month
Course
Hours
dministration
ideo Training
'ENCOM
ideo Training
0.75
OPe.~,!:!ion
ideo Training
sychological Cost of Learning to Kill
31
16
onthly Total
ear-to-Date Training (hours)
48.75
1233.5
~...e~JllP~ Our police department Senior
liE Volunteers provided 80 hours
of service during the month.
Most of this was dedicated to
the County Fair, office work,
vacation house checks, radar/
speed watch, animal control
and other services.
2
252
PENCOM ACTIVITY
.
PAPD CFS FOR 2001
DISPATCHES FOR PAPD COUNTYWIDE 911 CALL
1948
1817 2825
, 1',"\'
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,/
13086
12270 18699
10 Month 1!12001 I
IOMonth B120011 IOMonth 11120011
, ENFORCEMENT ACTIVITY
.
2001 ARRESTS
706
20 .
224
70
J 'I Adult
Adult A uvetnlfe Arrests for
Juvenile rres s or Y
Arrests for y ear
Arrests for Month ear
month
.
4
254
.
TRAFFIC VIOLATIONS
For The Month
25 23
20
14 15
15
10 6
5 II 2 3
1 l' 0
0 fl. . ~
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en 0 0'1 Q) en c: c: c: .Q en a.>
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2001 TRAFFIC COLLISIONS
600
500
400
300
200
100
o
372
10 Accidents for the Month . Accidents for the Year I
.
5
255
PART 1 CRIMES
_:.:~v.-,,>/\ -."
.
Offense Current month Total for Year
Homicide "",,'0 1
RaoelSex Offenses 0 7
Robberv-AII 0 6
Assault-Felonv 5 24
Assault-4th 23 216
Buralarv-Residential 9 66
Buralarv-Other 5 38
Theft-ShooIiftina 6 57
Theft-from Vehide ' .' 24 149
Theft-from BIela 17 96
Theft-Vehide 4 15
Theft-Other . 15 107
Arson-AJI 1 7
Total 109 789
PART 2 CRIMES
.
Offense Current Month Total for Year
ResistinQ/ObstructinQ 3 12
Stalkina/HarassmentlEndanaerment 5 51
U I SC/F raud/Embezzle/Prooertv 7 52
Malicious Mischief-Felonv 4 34
Malicious Mischief-3rd 18 139
Weaoons Violations 3 18
Crimes Aaainst Child/Sex Offense 4 25
DruQ Violation 10 77
Domestic - Verbal 2 35
DUI 6 70
Alcohol Violations 4 51
Violate Protection Order I, 7 71
Runawav 8 77
Miscellaneous/Other 3 59
Total 84 771
.
6
256
;:1(~;~:~?~~~t~~'~(~Yf!W~~;,';:::JA\:Ht:~1sr:~?}:~;~~{ff~~~W ':
.
;i"-, ,,''I
ANIMAL CONTROL INCIDENTS
For the Current Month
Totaling 215 Calls
50
51
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Parking Ticket Statistics
Tickets Revenue Tickets Revenue Tickets Revenue
1999 1999 2000 2000 2001 2001
Jan 149 $2,040.00 246 $2,225.00 128 $1,094
Feb 174 $1,740.00 292 $2,988.00 201 $1,426
Mar 168 $2,305.00 291 $4,611.00 310 $2,010
Apr 116 $3,451.00 219 $2,530.00 298 $2,850
May 238 $2,140.00 167 $1,885.00 445 $2,832
June 133 $3,776.00 147 $1,850.00 223 $2195
July 163 $1,945.00 290 $1,525.00 358 $2,990
Aug 225 $2,720.00 259 $2,310.00 301 $3,390
Sept 267 $2,950.00 130 $1,830.00
Oct 143 $2,153.00 260 $1,820.00
Nov 233 $1,605.00 201 $1,911.00
Dec 156 $2,555.00 84 $1,552.00
. Total 2165 $29,380.00 2586 $27,037.00 2264 $18,787
7
257
JAIL COSTS/INCARCERATION
MONTH
January
February
March
April
May
June
July
August
September
October
November
December
Total
CLALLAM COuN'fY "
2000 201li'
$30,858.79 $36,334.65
$41,465.47 $25,242.00
,
$25,787.75 $32,823.78
$27,250.99 $32,051.18
$19,427.74 $43,211.00
$17,413.98
$31,486.10
;\'
$21,881.90 i
$29,013.25
$29,573.88
$27,019.19
$31,143.49
$332321.53 $169662.61
2000
$5,427.48
$4,608.93
$2,340.54
$417.33
$1,344.15
$973.35
$5,614.06
$7,222.05
$2,943.09
$5,463.94
$5,360.82
$7,301.69
$49017.43
.
FORKS
2001
$5,543.43
$2,487.60
$4,191.42
$5,820.49
$7,498.64
$4,538.72
$2023.51
$32102.81
.
JAIL COSTS/E.H.M/MEDICAL
Electronic Home MoniWring Medical Related Costs
2000 2001 2000 2001
January $2,622.00 $411.50 0 $332.93
February $1,161.50 0 $191.82 $1,575.10
March " $971.25 0 $456.96 $917.75
April $431.25 $780.00 $274.61 $319.75
May $586.50 0 0 $214.79
June $793.50 $495.00 $120.00 0
July $293.25 $1130.00 0 $1000.00
August $655.60 $30.82 $4,895.04
September $626.75 0
October $736.25 $1,026.64
November $345.00 0
December $287.50 $11,256.19
Total $9,510.85 $3,116.50 $13,357.04 $9,255.36
8
258
.
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.
.
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. j.i
.
.
.
260
.
.
.
MINuTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 22, 2001
7:00 p.m.
ROLLCALL
Members Present:
Fred Norton, Fred Hewins, Chuck Schramm, Bob Philpott,
Mary Craver
Excused:
Linda Nutter
Absent:
Rick Porter
Staff Present:
Debra Barnes, Brad Collins, Stephanie Woolett
Public Present:
Larry Fredricksen, Larry Leonard, Bill Dawson, Joe Michalczik,
Don Beyer, Rich Davis, Don Schwendiman, Robbie Mantooth,
Jim Mantooth, Art O'Connell, Jack Anderson, David Hanna,
Gary Gleason, Jeff Hinds, Darlene Schanfald, Jon Raymond
APPROVAL OF MINUTES
Commissioner Norton moved to approve the July 25, 2001, meeting minutes as corrected by
Commissioner Philpott. The motion was seconded by Commissioner Philpott and passed 5-0.
PUBLIC HEARING
Shoreline Substantial Development Permit - SMA 01-05 - Rayonier. 700 North Ennis
Street: An application for a shoreline substantial development permit to allow the repair of
support and fender pilings associated with an existing pier located in the Industrial Heavy
zone.
Planner Barnes presented the staff report. Staff recommends that condition #6 be changed to read
"Compliance with the revised Mitigated Determination of Non-Significance (#960) dated August 20,
2001 is required." Additionally that Conclusion #8 be removed and replaced with language that reads,
"A final report shall be provided to the City showing the number and location of piling repairs and/or
replacements completed under this permit." Finding #14 should be changed to read, " A Mitigated
Determination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official
for the proposal on August 8, 2001 (#960) and revised on August 20, 2001. Conclusion B to be
modified to reference Finding #11 instead of Finding #9.
Several questions were raised by the Commission including the SEP A review process as it pertains to
the appeal and public comment period and the Shoreline Management Act (SMA) requirements of
projects qualifying as "exempt" versus Shoreline Master Program (SMP) policies that require the
applicant to proceed with the Shoreline Substantial Development Permit process. Additionally, the
Commission requested clarification from staff regarding the role of the Department of Ecology (DOE),
Army Corps of Engineers, and other agencies i~;review process regardless of the project status and
Planning Commission Minutes
August 22,2001
Page 2
whether or not the applicant agreed to forgo an exempt status in favor of proceeding with the .
application process for a Shoreline Substantial Development Permit, all of which were clarified by staff.
Being no further questions of staff, the Public Hearing was opened.
Jack Anderson, Rayonier Site Manager and Senior Project Engineer spoke to the purpose of the
project and the rationality behind proceeding with the shoreline substantial development permit process
versus proceeding with the project as "exempt" under the SMA. Subsequent to presenting this
information, the applicant answered questions of the commission that addressed past experience that
the applicant has in performing maintenance operations similar to the proposed project and whether
driven fender pilings are more or less effective than an alternative method, such as floating log booms.
Darlene Schanfald, 1110 Grant Street, representative for the Olympic Environmental Council (OEC)
spoke against the proposed maintenance project. OEC is in disagreement with DOE that the proposed
project is appropriate in light of the Model Toxics Control Act (MTCA) clean-up. Other issues
addressed by Ms. Schanfald include the relevance of the 1995 piling report, presence of contaminated
sediments under the pier, impacts to habitat utilized by enlisted species under the Endangered Species
Act (ESA), construction time line conflicts with City regulations, impacts of ACZA pilings versus
plastic or steel pilings, definitions of solid waste versus hazardous waste, disposal of potentially
hazardous waste as solid waste in the community, determination by DOE that sediments under the
Rayonier Pier will be treated as solid waste, pertinent Comprehensive Plan policies and goals that are
conflict with the proposed project, definition clarification between "maintenance" and "re-design," .
potential changes in the nature ofthe project from maintenance to re-design, authority that the Planning
Commission has to draft language to protect the public and tell the DOE to take more careful steps in
this process, incompleteness of information present before the Commission and the public, and the lack
of language in the conditions of the staff report that would allow the public the right to review and
comment on Rayonier's data in the event this Substantial Development Permit is approved by the
Commission.
Following her comments, Ms. Schanfald addressed questions ofthe commission, including whether or
not she views this project as a reconstruction of the structure or as maintenance of the structure,
clarification of her position as the Coordinator for the Citizens State-wide Coalition, how many
members are represented by the Citizens State-wide Coalition, and whether or not she possesses
information that the DOE has determined that the sediments up.der the Rayonier Pier are solid waste.
Commissioner Hewins addressed the issue of maintenance versus reconstruction within the framework
of the Shoreline Substantial Development Permit process, as well as time allowed to conduct
maintenance operations under City regulations versus time allowed for construction, the issue of solid
waste and hazardous waste disposal and the role of the City and the DOE in the disposal process.
Commissioner Hewins also requested that Ms. Schanfald suggest language that would be acceptable
to her and where that language should be inserted.
Commissioners Hewins and Craver both expressed that technical decisions should be deferred to the
agencies with technical expertise. In this case that agency would be the DOE. .
Larry Leonard, 1030 Olympus, a citizen following the status ofthe project spoke to the support the
staff recommendation to defer technical decis!t!f2J agencies with technical expertise, such as DOE.
.
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Planning Commission Minutes
August 22, 2001
Page 3
Robbie Mantooth, 2238 E. Lindberg.Rd., spoke ag~ins.tthe proposed project at this time due to the
negative impacts toxic sediments have on water quality and marine life. She expressed concern that
maintenance operations will disturb the sediments and facilitate the entrance of the toxins into the food
chain.
Director Collins asked permission ofthe Commission to comment on the public testimony. In doing
so, Mr. Collins addressed the Mitigated Determination of Non-Significance that is conditioned so that
maintenance activities would not disturb sediments, the acceptance of the Department of Fish and
Wildlife (WDFW) ACZA treated wood-pilings, the issue regarding re-designing the pier, whether the
project should be viewed as a MTCA issue, and that this is a maintenance project and not re-
construction.
Commissioner Hewins raised a question regarding the WDFW hydraulic permit possibly changing the
nature of the pier, and whether or not any changes in the nature of the pier would require the applicant
to re-apply for another Shoreline Substantial Development Permit. Director Collins responded to the
question and reported that, according WDFW, any design changes to the pier would be to improve
nearshore habitat and would likely result in the removal of portions of the Rayonier Pier. This doesn't
mean that any changes wouldn't come back under a new shoreline permit to the Commission, but it
means that it might not come back to the Commission if it is part of the mitigation of the proposed
project.
There being no further public testimony, the public hearing was closed at 8:13 p.m.
The Commission briefly discussed the proposal. Commissioner Norton stated that Commissioner
Hewins was correct in stating that this is a maintenance issue and that it seems that DOE has covered
the issue thoroughly. Commissioner Norton went on to say that maintenance ofthe pier seems to be
a necessary action.
Commissioner Craver commented that deterioration of pier as a result of no action would be more
destructive than the actions taken to maintain the pier. Additionally, the large number of departments
involved will ensure that the project would be completed with minimal impacts to the environment.
Commissioner Hewins moved to approve the Shoreline Substantial Development Permit SMA
01-05 citing the following 8 conditions with the revised condition #6 and the change to condition
#8,16 findings with the revised findings #14 and #8, and the 6 conclusions with the revision to
conclusion B as suggested by staff. Commissioner Philpott seconded the motion which passed 5-0.
Conditions of Approval
Approval of SMA 01-05 shall be subject to the following conditions of approval:
1.
The approval is for the proposal described in the application materials known as Exhibit
A to the Staff Report, as amended by the applicant or by any conditions of approval set
forth herein.
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Planning Commission Minutes
August 22, 2001
Page 4
2.
The project shall comply with the regulations ofthe City's Shoreline Master Program
specifically those of Chapters 4,5,6 and 7.
.
3. Removal of the pilings and surrounding sediments and subsequent disposal shall be
made in compliance with applicable state and federal laws and shall be approved by
Department of Ecology. Temporary storage of said materials shall be approved by
Department of Ecology. Disposal of said materials shall be made in compliance with
applicable state and federal laws at a solid waste disposal site approved to accept such
materials. This shall include completion of the appropriate testing required prior to
disposal in accordance with the Department of Ecology.
4. If the subject site has not be previously inventoried, evaluated, and reviewed to the
satisfaction of the Lower Elwha Klallam Tribe, the subject site shall be evaluated by a
cultural review team which shall include a professional archaeologist, a representative
of the Lower Elwha Klallam Tribe, the site owner, and the City Planning Department.
This team shall determine the extent of excavation monitoring for the project during the
permit review process. As an alternative, the applicant may volunteer to have an
approved archaeologist on site during any excavatio~ in lieu of a review by the
aforementioned cultural team. If during an excavation that by decision of the cultural
review team occurs without an approved archaeologist on-site, any phenomena of
possible archaeological interest are uncovered, the developer shall stop such work and
provide for a site inspection and evaluation by a professional archaeologist to ensure .
that all possible valuable archaeological data is properly salvaged.
5. Approval of SMA 01-05 does not supercede other permit approvals and associated
conditions for the mill demolition, environmental assessments or remediation.
6. Compliance with the revised Mitigated Determination of Non significance (#960) dated
August 20, 2001 is required.
7. Only the minimum number of pilings necessary shall be replaced and derelict andlor
unnecessary pilings shall be removed throughout the pier.
8. A final report shall be provided to the City showing the number and location ofpil~ng
repairs or replacements completed under this permit.
Findings
Based on the information provided in the staff report dated August 22, 2001 for SMA 01-05 (including
all of its attachments), comments and information presented during the public hearing, the Planning
Commission's discussion and deliberation, and subject to the above listed conditions of approval, the
City of Port Angeles Planning Commission hereby finds that:
1. The applicant requests under shoreline substantial development permit SMA 01- .
05 to maintain the structural integrity of an existing pier by repairing andlor
replacing up to 800 support pilings (under dock) and 300 fender pilings (around
perimeter) which are de2~ated or damaged.
Planning Commission Minutes
August 22, 2001
Page 5
.
.
.
2.
The application that states an estimated 800 of the 4000 support pilings will be
repaired and/or replaced. This activity is routine maintenance and does not
involve expansion of the dock site. The work will take place over a 4-year period
and is estimated to cost $500,000. The deterioration is caused by natural
weathering of materials, storm debris, and marine borers. The new support
pilings will be ACZA (ammoniacal copper zinc arsenate) treated wood pilings
with galvanized steel hardware and will replace creosote-treated pilings.
3. The proposal is for the repair and maintenance of an existing pier structure which
was first constructed in the 1930s and is approximately 1020 feet long by 220
feet wide. The applicant applied for an exemption to the shoreline substantial
development permit in May, 2001 for this repair work. Due to the number of
pilings, the repair was not deemed to be minor, and that it could not be concluded
that substantial adverse effects onto shoreline resources would not result.
4.
Because the pier is a pre-existing, nonconforming structure and use that has not
been utilized as it was when the mill was operational, review of whether or not
the nonconforming use requirements of the Shoreline Management Act would
apply to the current permit was also made. If a new, similar structure was
proposed at this time, it most likely would not be approved as currently designed
(e.g. size, number of pilings, type of materials). As previously noted,
nonconforming structures that do not comply with current bulk and dimensional
standards can be continued and maintained in accordance with WAC 173-27-
080. Subsection (3) states that they cannot be enlarged or expanded. Subsection
(8) states that if a nonconforming development is damaged to an extent not
exceeding 75% may be reconstructed to those configurations existing
immediately prior to the time that the damage occurred provided that the permit
applications are submitted within 6-months and the work completed within 2
years. It was concluded that the pier is a nonconforming development but that
the use has intermittently continued although to a lesser degree. Therefore, a
conditional use permit was not required for the proposal. It was also determined
that although the permit request for the repair work was not submitted within 6-
months from the date of the damage and that continuous weathering and damage
has occurred since the 1995 structural report, that all of the design requirements
for a new pier as set forth by the SMP did not apply to an existing structure.
5.
In accordance with RCW 90.58, Shoreline Management Act, and WAC 173-27,
Shoreline Management-Permits and Enforcement, development on shorelines of
the state requires compliance with the Act and local shoreline master program.
Conditions may be placed upon such development that assures that compliance
is made. Ideally, the structural integrity ofthe pier could be re-stabilized to allow
for continued, long term use using environmentally-sound materials and design
while also meeting the needs of unknown future users of the pier and overall,
would be for the best public interest.
265
Planning Commission Minutes
August 22, 2001
Page 6
6.
The subject site is currently undergoing demolition of the mill under previous .
shoreline permit approvals, including SMA 97-02, SMA 99-01, and SMA 00-13
and their associated review and determinations related to the State Environmental
Policy Act.
7. The former Rayonier mill site is located at 700 N. Ennis Street in a portion ofthe
northwest quarter of Section 11, Township 30 North, Range 6 West Willamette
Meridian. The site is approximately 80 acres in size and is generally flat. The
site consists of semi-natural beach, deltaic materials (from Ennis Creek delta),
and extensive fill and piling placement, including the former Ennis Creek
Estuary. It includes approximately 2400 feet of saltwater shoreline generally
bisected by Ennis Creek and a large dock. The shoreline at the OHWM is heavily
riprapped west ofthe Ennis Creek outfall. A gentle sloping beach with logs and
beach grass exists east of the creek along the SSL lagoon continuing
southeasterly towards the bluff, where a riprapped shoreline begins again. The
site is bordered by 70-100 foot bluffs and ravine walls to the south and residential
uses.
8.
9.
10.
At the base of the bluff on either side of the subject property, is the Olympic
Discovery Waterfront Trail which is proposed to connect through the Rayonier
site at some future date. In 1997, Rayonier granted to the City of Port Angeles
their interest to the former railroad right-of-way. In addition, Rayonier has
granted an easement for the trail which is 20-feet wide and at an unknown
location. As agreed between the City of Port Angeles and Rayonier, a permanent
trail will cross the site to connect segments ofthe Olympic Discovery Trail. The
location for the trail will be determined after the assessment is complete and is
subject to several conditions including agreement by the future owner of the site.
The recorded easement also specifies that a temporary easement for a temporary
trail may be granted at the City's request upon a determination that the trail
would not be impacted by remediation efforts. Upon conclusion of the proposed
location and prior to any construction, a shoreline substantial development permit
would be required for the temporary trail.
.
In 1997 a shoreline substantial development permit was issued for demolition of
the mill structure (SMA97-02). This permit approval was conditioned to require
a complete environmental assessment and subsequent shoreline permit approval
for the remediation or clean up of the site after the demolition work, as
determined necessary. The associated State Environmental Policy Act Mitigated
Determinations of Non significance on the above permits are #730, 825, and 829
included conditions of environmental site and voluntary remediation, inspections,
demolition and hazardous waste management plans, monitoring, best
management practices to meet water quality standards, and appropriate oversight,
inspections and notification to applicable agencies.
.
Previous shoreline permits granted for related demolition and pier maintenance
of the Rayonier Mill site were: SMA 97-02 for mill demolition, SMA 99-01 for
sunken log removal an~~eline stabilization, and SMA 00-13 for the SSL
.
.
.
Planning Commission Minutes
August 22, 2001
Page 7
lagoon demolition and regradi~g;;, In 1988, a shoreline exemption was granted
by the City of Port Angeles for the replacement of 600 of 4800 pilings utilizing
treated wood pilings, and included replacing pile caps and joists. According to
the applicant, this work was most likely completed over a three year period and
that some of the pilings were repaired and not replaced.
11.
The site is designated Urban-Harbor and Aquatic Harbor in the City's Shoreline
Master Program. The proposal has been reviewed for consistency with the Port
Angeles Shoreline Master Program and is considered to be a permitted use under
Chapter 4. The relevant policies that pertain to the proposal include: Chapter 4,
Policies B-1, D-l, E-l and 2, F 5-6, H-I-2, J 1, K-I-4, and N-l and 2, Chapter 5,
Policies DI-3, 5, 6, 8, and 10, and F2- 5 and 8, Use Tables, Chapter 6 Policy E-
1-2, Chapter 7 Policies General 1, 2 and 5, and K 1, 3-5. 7-9, and all associated
regulations.
12.
The site is designated Industrial in the City's Comprehensive Plan, Industrial,
Heavy in the City's Zoning Ordinance under P AMC 17.34. Relevant goals and
policies include Land Use Element A2, G and H, Conservation Element AI, B,
Bl, B6, B9, BlO, Dl, D3, D4, and D8, and Economic Element Goal B.
13.
The subject site is identified as a locally unique beach and coastal drift process
area and is therefore subject to the CitY's Environmentally Sensitive Areas (ESA)
Ordinance, Chapter 15.20 PAMC and its regulations.
14. A Mitigated Determination of Non-Significance was issued by the City of Port
Angeles SEPA Responsible Official for the proposal on August 8, 2001 (#960)
and revised on August 20,2001.
15. The application and hearing process was advertised in accordance with the legal
requirements of the City of Port Angeles and the State of Washington.
16. Written comments from agencies and public were received and reviewed as a part
ofthe permit process for SMA 01-05.
Conclusions
Based on the information provided in the staff report dated August 22,2001 for
SMA 01-05 including all of its attachments, comments and information presented
during the public hearing, the Planning Commission's discussion and
deliberation, the above listed findings, and subject to the above listed conditions
of approval, the City of Port Angeles Planning Commission hereby concludes
that:
A.
As co~ditioned, the proposed project is consistent with the City's
Comprehensive Plan, specifically the Goals and Policies: Land Use
Element A-2 an~d H, Conservation Element PAl, B, Bl, B6, B9,
Planning Commission Minutes
August 22, 2001
Page 8
BIG, Dl, D3, D4 and D8, and Economic Goal B, and also the City's .
Zoning Code Industrial, Heavy zone under P AMC 17.34.
B. As conditioned, the proposal is consistent with the City's Shoreline
Master Program, specifically those goals, policies and regulations listed
in Finding #11 above.
C. As conditioned, the project will not be detrimental to the shoreline.
D. As proposed, the project will not interfere with public access to the
shoreline.
E. The structural integrity of the pier could be re-stabilized to allow for
continued, long term use using environmentally-sound materials and
design while also meeting the needs of unknown future users of the pier
and overall, would be for the best public interest.
F. As conditioned, the proposed project will not interfere with public use of
lands or waters subject to the public trust doctrine.
Commissioner Schramm called for a recess at 8: 15 p.m. The Public Hearing reconvened
at 8:23 PM.
Street Vacation Petition - STV 01-03 - Peninsula Bottlin2/Fidler. Portion of
the 3/4 alley east of Valley Street: Request for vacation of Lots 7-14, Block 72,
TPA.
.
The staff report was presented by Director Brad Collins. Suggested corrections to the
staff report include rewording and removal of sentence #2 of Finding #4 that would be
added as condition #3 to read, "A Zoning Lot Covenant shall be required to combine the
8 lots into one large building site."
A few questions were raised by the Commission including, whether there are
,
requirements for the removal of a condemned building on one of the sites, if the property
is being purchased from Bonnie Fiddler, and what would occur if the street vacation is .
approved but Peninsula Bottling decides not to purchase the property. Staff responded
that the Zoning Lot Covenant conditions and the Street Vacation conditions are co-
dependent.
Being no further questions of staff, Vice Chair Schramm opened the Public Hearing.
Jeff Hinds, Owner and General Manager of Peninsula Bottling Company, answered one
questions of the Commission regarding potential problems with the purchase of the
property by Peninsula Bottling and if the there are plans to cross the alley with a
. building.
.
Dire~tor Collins, reported that t~6~licant and the Valley Creek Restoration group are
working together. .
.
.
.
Planning Commission Minutes
August 22, 2001
Page 9
There being no further public testimony, the Public Hearing was closed at 8:35 PM.
Commissioner Philpott stated that it is nice to see businesses growing and seeking to
expand rather than leaving the community.
Commissioner Philpott moved to approve STP 01-03 citing 3 conditions with
condition #3 as stated by staff, 14 findings with the change to finding #4, and 5
conclusions, as presented below. Commissioner Craver seconded the motion which
passed 5-0.
Conditions:
1. A 10- foot easement over an existing 6" sanitary sewer line centered in the
3/4 alley right-of-way shall be retained for utility purposes.
2. The property owner(s) of the right-of-way shall be responsible for all
costs incurred to convert the primary overhead utility line underground
in the required lO-foot easement retained, and to provide 24-hour access
to the utility line and related equipment.
3.
A Zoning Lot Covenant shall be required to combine the 8 lots into one
large building site.
Findings:
1. A petition for vacation of a portion of the 3/4 alley right-of-way abutting Lots 7 -
14, Block 72, TP A, was submitted by abutting property owners Peninsula
Bottling Company and Bonnie Fidler on July 3, 2001.
2. Properties to the west and north are designated as Industrial (I) on the City's
Comprehensive Plan Land Use Map and are zoned Industrial Light (IL). Uses
include the Port Angeles City Light Operations yard, a welding shop, a meat
packaging plant, and the Port of Port Angeles operations warehouse. Properties
located east of the site are designated as Open Space (OS) on the City's
Comprehensive Plan Land Use Map, are developed as residential, and are zoned
PBP, Public Buildings and Parks. Property south of the site is designated as
Industrial (I) on the City's Comprehensive Plan Land Use Map and is zoned
Industrial Light (IL). Land uses to the south are older nonconforming residential
uses and a conforming warehouse use.
3. The subject alley only provides logical access to Lots 7 - 14, Block 72, TPA.
4.
Owners of the Peninsula Bottling Company have entered into a purchase
agreement with Mrs. Fidler to purchase the Fidler property (Lots 11 - 14, Block
72, TP A) in order to create a larger building site to improve the
loading/unloading capability of the bottling plant. Access to the site would
remain as previously established.
269
Planning Commission Minutes
August 22, 2001
Page 10
5.
If combination of the lots by Zoning Lot Covenant is not intended, access to the .
rear of Lots 11 - 14, Block 72, TP A will be required for fire access.
6. A sewer utility service is located in the right-of-way. If vacation is approved, an
easement for access to that service will need to be retained or the service
relocated. Additionally, an overhead power service will need to be relocated at
the applicant's expense in an easement.
7. The City's Fire and Police Departments had no comment or concerns regarding
the proposed street vacation.
8. Valley Street is classified as a local streets on the City's Circulation Plan Map.
9. The vacating of a street is categorically exempt from a SEP A threshold
determination per Section 197-11-800 (2) (h) of the Washington Administrative
Code.
10. The proposed street vacation was reviewed for consistency with the Port Angeles
Comprehensive Plan. The following goals and policies were found to be the
most relevant: Land use Map Goal, Policies, and Objective Goal A, and Policies
1 and 2; Industrial Goal H,
Transportation Goal H, and Policy 14; Utilities and Public Services Goal B, and .
Policy 4.
11. The City Council adopted Resolution No. 14-01 on August 7, 2001, which was
legally advertised in the Peninsula Daily News on August 12,2001. The site was
posted on August 10,2001. No comments have been received.
12. The subject site (Lots 7 - 14, Block 72, TP A) is accessed from Valley Street. The
remainder of properties in Block 72 (Lots 1 - 6 and 15 - 18) are accessed from
Cherry Street at the top of the Valley Creek Ravine. Those properties have no
logical access from Valley Street due to the sharp rise in topography directly east
of the subject site as can be seen by the attached topography map.
13. The Port Angeles Planning Commission conducted a public hearing on the
petition on August 22, 2001, which was duly advertised on August 10, 200l.
The Planning Commission's action constitutes a recommendation to the City
Council.
14. The City Council has scheduled a public hearing for consideration of the petition
at its September 4,2001, regular meeting.
.
270
.
.
.
':~~.ti::q'\:g:~;~~~~\'~*~il:i?,~t~C~:i~:,;:-':W;-;::)~~'f:Flm~{:t\:~~\~~;S~{~:+':!
Planning Commission Minutes
August 22, 2001
Page 11
Con clusions:
A. Current traffic circulation in the area will not be affected by this vacation as the
Valley Creek ravine wall prevents logical use of the subject alley by other than
those activities occurring on Lots 7 - 14, Block 72, TP A. Future development in
the area will continue to use Valley Street as access.
B. Vacation of the subject right-of-way will not interfere with the public's health,
safety, or welfare.
C. Development patterns in the area will not change as a result of the proposed street
vacation.
D. The proposed street vacation is consistent with the Port Angeles Comprehensive
Plan.
E. Because the alley is not needed for use as a public right-of-way, vacation ofthe
property is in the public's interest and will allow logical development of the
subject property.
Conditional Use Permit - CUP 01-05 - Raymond. 719 East Third Street: Request for
a conditional use permit to allow an accessory residential use in the RS-7, Residential
Single Family zone.
Planner Barnes presented the staff report and suggested the following corrections: 1)
That Finding #6 will be changed to read, "A Determination of Non-Significance was
issued for this proposal on August 16, 2001."
2) Finding #9 will be changed to read, "The City's Parking Ordinance requires parking
spaces to be a minimum of 8.5 feet by 18 feet in size and that two off-street parking
spaces be provided for each unit of a single, two, or three family structure under P AMC
14.40.060.
Being no questions of staff, Commissioner Schramm opened the Public Hearing for
public testimony.
John Raymond, 2036 West 16th Street, spoke to Commissioner Craver's question
regarding whether or not the applicant intends to reside on the subject property in the
future. The applicant indicated that he will reside at the subject property in the future.
There being no further public testimony, the public hearing was closed at 8:45 p.m.
Commissioner Philpott commented that the applicant assembled a thorough and legible
application packet.
Commissioner Norton moved to approve CUP 01-05 citing 2 conditions, 10 findings
with changes to Findings #6 and #9 as presented by staff, and 7 conclusions, as
presented below. Commissio~i1pott seconded the motion which passed 5-0.
Planning Commission Minutes
August 22, 200 I
Page 12
Conditions:
Findings:
.
1.
The proposal shall meet the definition of an accessory dwelling unit set
forth byPAMC 17.08.010(B).
2.
Two (2) parking spaces shall be provided for the accessory residential
unit. This is in addition to the two spaces required for the existing
residence.
Based on the information provided in the Planning Department Staff Report for
CUP 01-05 dated August 22, 2001, including all information in the public record
file, comments and testimony presented during the public hearing, the Planning
Commission discussion and deliberation, and the above listed condition of
approval, the City of Port Angeles Planning Commission hereby finds that:
1. The applicant, Jon Raymond, submitted a Conditional Use Permit
application to the City on July 17,2001. The application is attached as
Exhibit #1.
2. The application for a conditional use permit proposes to remodel a
portion of a detached garage to an accessory residential unit on a RS-7, .
Residential Single Family zoned property. The existing residential unit
contains approximately 1,116 square feet in total floor area. The existing
garage is 624 square feet in area. The portion remodeled would result in
an accessory dwelling unit 364 square feet in size, which is less than 50%
of the size of the main residence.
3. Section 17.08.010B of the Port Angeles Municipal Code defines an
accessory residential unit as a dwelling unit which:
A) is incidental to a detached single family residence,
B) is subordinate in space (i.e., fifty percent or less space than
the single family residential use),
C) is located on the same zoning lot as the single family
residence, and
D) is served by separate water and electrical services, in addition
to a separate address."
4. Section 17.08.025(J) of the Port Angeles Municipal Code defines a
dwelling unit as "one or more rooms which are arranged, designed or
used as living quarters for one family only. Individual bathrooms are not
necessarily provided, but complete single kitchen facilities, permanently
installed, shall always be included for each dwelling unit." .
5. Section 310.7.1 of the 1997 Uniform Building Code states that an
Efficiency Dwell~1Allt "...shall have a living room of not less than 220
square feet of su~fttial floor area. An additional 100 square feet of
.
.
.
Planning Commission Minutes
August 22, 2001
Page 13
superficial floor area shall b~ provided for each occupant of such unit in
excess of two."
6.
A Determination of Non-Significance was issued for this proposal on
August 16,2001.
7.
The site is designated by the Comprehensive Plan as Low Density
Residential.
8.
Existing land uses adjacent to the subject site are single family
residences, semi-public uses (Veteran's Center) and public uses (YMCA,
city parks). Possibly, two other accessory dwelling units exist within the
vicinity of the proposal.
9.
The City's Parking Ordinance requires parking spaces to be a minimum
of 8.5 feet by 18 feet in size and that two off-street parking spaces be
provided for each unit of a single, two, or three family structure under
PAMC 14.40.060.
10. The Comprehensive Plan's Land Use Element Policies A2 and Cl,
Housing Element Policies A6 and B6 are directly relevant to the proposed
project.
Conclusions:
Based on the information provided in the Department Staff Report for CUP 01-
05 dated August 22,2001, including all of the information in the public record
file, comments, and testimony presented during the public hearing, the Planning
Commission's discussion and deliberation, and the above listed condition of
approval and the above listed findings, the City of Port Angeles Planning
Commission hereby concludes that:
A. As conditioned, the proposal is consistent with the intent of the
Comprehensive Plan's Low Density Residential Land Use Designation,
the Comprehensive Plan's Land Use Element Policies A2 and Cl,
Housing Element Policies A6 and B6.
B. The Comprehensive Plan allows for subordinate and compatible uses
with different land use districts, including residential. It also specifies
that accessory dwelling units should be allowed in certain zones by
conditional use approval in order to provide adequate, affordable housing.
c.
The proposed use, an accessory dwelling unit, is consistent with the
purpose ofRS7 zone, as it is compatible with adjacent residential uses.
Ifthe proposed use complies with certain definitions, and the design and
performance stwWaiQs set forth by the Zoning Code, than it can be
deemed consiste~'~ the Zoning Code.
Planning Commission Minutes
August 22, 200 I
Pagel4
D.
As conditioned, the proposal is consistent with the definition of accessory .
dwelling unit under PAMC 17.08.110(B), the purpose of the RS7 zone,
as well as design and performance standards, as specified in 17.10
PAMC.
E. As conditioned, the proposal is consistent with the requirements for
approval of a conditional use permit as specified in P AMC 17.96.050.
F. As conditioned, the proposal is consistent with the Parking Ordinance,
PAMC 14.40.
G. As conditioned, the proposed project is in the public use and interest.
COMMUNICATIONS FROM THE PUBLIC
There were no communications from the public at this time.
STAFF REPORTS
Director Collins reported that the Lund rezone was approved by the City Council on
August 21, 2001. He noted tonight's meeting would be Debi Barnes' last and expressed
his appreciation for the job she has done over the past year.
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Associate Planner Debi Barnes reported that staff has been unable to locate broken off
pilings reported by Commissioner Schramm, with the exception of one east of the
Francis right-of-way. The one observed appears to be west ofthe Rayonier property line.
She added that the Washington DNR was also checking into this matter. Vice Chair
Schramm asked about the former Rayonier log boom and piers along Ediz Hook and
what resolution is under way to address these hazards. Director Collins indicated that
staff will expand the investigation.
REPORTS OF COMMISSION MEMBERS
Commissioner Philpott reported that the re-paving of 8th Street is not adequate. Director
Collins noted that Public Works has investigated and indicated that the contractor will
be fixing the problem. Commissioner Hewins reported that 8th Street is a safety issue
because no center line has been established to date. During rain events and during the
everting, it is difficult to determine where the centerline is.
ADJOURNMENT
Vice Chair Schramm adjourned the meeting at 8:56 p.m.
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Brad Collins, Secretary
Charles Schramm, Vice-Chair
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PREPARED BY: s. Woolett
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:-:;j':'J~1i ;)~~s<r%~~1,*,,~,..'(,i>:'
MINUTES
BOARD OF ADJUSTMENT
Port Angeles, Washington 98362
Regular Meeting
August 6, 2001
7:00 p.m.
CALL TO ORDER
Chair Gase called the meeting to order at 7:00 p.m.
Members Present:
Bill Rinehart, Louise Meyer, Barbara Gase, John
Teichert
Members Absent:
Theresa Schmid
Staff Present:
Debi Barnes, Stephanie Woolett
Public Present:
Tom Haley, Joan Haley, Marie Wiggins, Judith
Galgano, Anthony Galgano, Patricia Zellinsky
Seeds, Paul Galgano, Lou Galgano
APPROV AL OF MINUTES
Boardmember Rinehart moved to approve the July 2, 2001 minutes as presented which was
seconded by Boardmember Meyer and passed 4-0.
CONTINUED PUBLIC HEARING:
VARIANCE APPLICATION - V AR 01-06 -Galeano. 719 East Caroline: A request for
a reduction of the side yard setback from 7' to 2' for a carport addition in the RS7 zone.
Associate Planner Barnes reviewed the Department's report recommending denial of the variance.
Staff added that review of the need for a front yard setback variance was conducted. Due to the
vacation of the north lO-feet of the Caroline Street right-of-way, a variance is not necessary. Staff
noted that a revised Page 7 was provided on the dias which accurately depicts the 5 conclusions
of law recommended by staff.
There being no further questions, Chair Gase opened the public hearing.
Judy Galgano, 715 Caroline Street, stated that the building is framed but was not completely
constructed. They had no plans to enclose the entire structure. She inquired if the Board read
the letter and saw the pictures provided at the last meeting which was answered in the afftrmative.
Boardmember Teichert asked if the plans were to not enclose the structure along the east side
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August 6. 200]
Page 2
which was answered in the affirmative.
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Boardmember Rinehart asked the property owner if there was a compromise to the proposal such
as moving the posts to 5-feet from the property line and allow a IS-inch overhang which would
alleviate the construction requirements of the Fire Code? A brief explanation of the fire
code/building code requirements that would need to be met regardless of the outcome of the
variance was given.
Anthony Galgano 715 Caroline Street, stated that they were open to a compromise and stated that
reducing the structure to allow for a 7-foot setback would not look as neatly as what is proposed
and would match the existing residence. He added that neighbors have been granted similar
variances.
Boardmember Teichert asked why the carport was constructed in violation of the zoning code and
if the structure would be enclosed. The owner responded that they nor their builder knew of the
requirements and that they had no plans to enclose the structure.
Paul Galgano, 719 Caroline Street, stated that a brother-in-law told them the code requirements
that would need to be met, which was incorrect.
Boardmember Rinehart asked if he understood the construction code requirements when any part
of a structure is within 3-feet of a property line. Discussion followed.
.
Tony Galgano requested clarification of the variance requirements and building/fire code
requirements.
Paul Galgano stated that the residential structure is a duplex and that someday in the future, the
home may be sold, adding that additional parking is necessary for future use of the structure. He
added that covered parking is preferred and a 20-foot width would allow for two vehicles to utiliz e
the structure as well as allow for passengers to enter and exit the vehicles.
Patricia Zellinsky Seeds, 723 Caroline, stated her concerns about the potential fire hazard, adding
that the property owner utilizing the fence as a wall and stacking items against the fence. She
added that the property owners stated that the use of the carport wou ld be to either store or work.
on business equipment which is the reason for her concern about fire hazard.
Being no other person wished to speak on the proposal, the public hearing was closed.
Boardmember Rinehart stated that an option would be to move the posts in to 5- feet and grant a
2-foot reduction to the side yard setback. Boardmember Teichert stated that if the posts had to
be moved, why can't they move them to 7-feet and meet the setbacks? Discussion followed
regarding construction requirements and minimal width of carports.
Chair Gase asked staff for procedural clarification if a different variance reduction amount or .
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Board of Adjustment Minutes
August 6. 2001
Page 3
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approval of the variance was placed in a motion. Staff responded that a condition can be added
to a variance approval that would state a different setback amount and that the conclusions may
need updating to support the motion.
Boardmember Teichert stated that the construction on this street is currently very tight and that
we should not contribute to increasing this problem. Boardmember Teichert moved to accept
the staff report and deny V AROI-06 citing the 12 fmdings and 5 conclusions. Vice-chair
seconded the motion which passed unanimously.
Findings:
Based on the staff report, public review and comments, the Board of Adjustment's discussion and
deliberation, the Board of Adjustment hereby finds that:
1. The applicants are requesting a variance to the bulk and dimension standards set forth in
the Port Angeles Zoning Code for the Residential, Single Family (RS7) zone.
Specifically, the applicants, request a reduction of the required 7-foot side yard setback to
2-feet for the placement of a carport/garage, 15 by 20 feet in size with an approximate 8-
inch overhang. The application is included as "Exhibit I" to the staff report.
2.
The site is located at 719 Caroline. The property consists of portions of Lots 4 and 5,
Block 33, Norman R. Smith plat and is estimated to be approximately 65 feet by -148 feet,
or 9620 (gross) square feet in size which includes lO-feet of vacated r/w of Caroline
Street. The property is occupied by a 2-story dwelling with an apartment on the second
floor that is approximately 30 ft. By 40 ft. or 1196 s.f. footprint and total square footage
of 2300 s. f., and also an attached carport which is 19 by 20 s. f. in size. The existing
carport and house are estimated to be 15 feet from the home and 40 feet from the carport
to the top of the bluff.
3. Physical characteristics of the site include the 100- foot high marine bluff on the north sid e
of the property that has a 70-80% slope. It is estimated that the northerly 38-40 feet of
the lot is considered bluff and generally unbuildable. The upland area is approximately
65 feet by 110 feet, or 7150 square feet which is slightly less than a townsite-size lot.
However, the subject property is 15-feet wider than standard TPA lots. Generally, a
minimum 25-foot to 50-foot setback is recommended by geotechnical engineers depending
on the slope stability and location of the particular bluff. Often, a setback of greater than
100-feet is required on many bluffs. Further development towards he bluffs is not
encouraged.
4.
The lot size is estimated to be 9620 square feet (gross) with an upland area of
approximately 7150 s.f whereby only 65 x 60 (3900 s.f.) Is generally considered to be
buildable. A maximum 30% lot coverage requirement is specified by the Zoning Code.
Based on the estimated sizes of the existing and proposed structures, the lot coverage
would be 19%. The existing dwelling is approximately 19-feet from the property line and
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Board of Adjustment Minutes
August 6, 2001
Page 4
the proposed carport/garage addition would be approximately 20 feet from the front .
property line. A laurel tree currently restricts driveway access to the eastern one-third of
the proposed carport/garage addition.
5. Construction of a 15-foot by 15-foot carport can be accomplished within the required
setbacks.
6. The Public Works and Utility Department had no comments on the proposal. The Fire
Department and Building Division stated that the carport will require one-hour fire rating
(5/8" drywall) on the east wall, eaves and ceiling if less than 3-feet from a property line.
No other agency comments were received at the time of printing the staff report.
7. One written public comment from an adjacent neighbor, Patricia Seeds at 723 Caroline
Street, noted her concern for fire safety.
8. The purpose of the Zoning Code is to implement the goals, policies and objectives of the
Comprehensive Plan by dividing the City into zones restricting and regulating the location,
construction, alteration of the use of structures and land, and to promote the orderly and
appropriate development of such areas. The proposed use (utility structure) is a permitted
use in the RS7 zone under PAMC 17.1O.030(B) as an accessory structure to a residential
use and is consistent with the Zoning Code.
9.
In order to grant a variance from the standards of the Zoning Code, the Board of
Adjustment must come to specific conclusions in accordance with Section 2.52.040 of the
Port Angeles Municipal Code.
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10. The property is designated Residential, Low Density and Open Space by the
Comprehensive Plan. The most relevant policies includes Land Use Element Goal Band
C and Policy A2.
11. The land uses adjacent to the site consist of open space and residential uses with
recreational uses at the base of the bluff along the waterfront trail.
12. In accordance with Sections 197-11-800(6)(b) and 197-11-908 of the Washington
Administrative Code, and Chapter 15.04 of the Port Angeles Municipal Code, the
proposed variance application is categorically exempt from State Environmental
Protection Act threshold determination and environmental impact statement
requirements.
Conclusions:
Based on the staff report, public review and comments, the Board of Adjustment's discussion
and deliberation, and the above listed findings, the Board of Adjustment hereby concludes .
that:
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Board of Adjustment Minutes
August 6. 2001
Page 5
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A.
The granting of the proposed variance request would result in the expansion of the lot
coverage on the buildable area of a bluff-front lot, would expand the build out area
along the street frontage, and would also allow an accessory structure to be increased
in size by over 40% within 2-feet of a property line. The proposal would be a grant
of a special privilege and therefore would not meet the first conclusion required for
approval of a variance.
B. Although the property is restricted by topographic features (marine bluff), the granting
of the proposed variance request is not necessary due to ability to build a I5-foot by
I5-foot carport/garage without the granting of the variance, and therefore, the proposal
does not meet the second conclusion required for approval of a variance.
C. Because the structure could be constructed to meet fire and building code requirements,
the proposed variance would not be detrimental to the public health, safety, or welfare
from this viewpoint. However, allowing structures within the 7-feet or 3-feet required
yards is inconsistent with the purpose and intent of the zoning code, and therefore, the
proposal does not meet the third conclusion required for approval of a variance.
D. The proposal is inconsistent with the Comprehensive Plan and Zoning Ordinance.
E.
The proposed variance is not in the public interest as it would encourage increased lot
coverage and building sizes along the street front and within 2- feet of a side property
line in a residentially-zoned area.
.
PUBLIC HEARING:
VARIANCE APPLICATION - V AR 01-04 -Haley. 504 East 12th Street: A request
for a reduction of the side yard setback from 13' to 6' and the rear yard setback from
10' to 4' for a detached garage in the RS7 zone.
Planner Barnes provided the staff report and noted that the proposed garage is assumed to be
one story with no loft or 2nd floor. An overhead of the subject property and different setback
requirements, including the vision triangle, and driveway construction standards and setbacks
was provided and discussion followed.
Chair Gase opened the public hearing.
.
Tom Haley, 504 E. 12th Street, applicant, spoke in favor of the variance. He inquired about the
procedures on having the staff report state that the Board met on the proposal, considered the
testimony, and adopts the recommended findings and conclusions before the actual hearing,
which was answered by staff and the Chair. He asked the Board if they have visited the site.
He pointed out corrections, including that the existing driveway was nonconforming and a
continuous use whereby the City has no legal basis to demand upgrades to the driveway, that no
other location is proposed, that the proposed structure would not be within the vision triangle
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Board of Adjustment Minutes
August 6, 2001
Page 6
or right-of-way, would not be a hazard because of the elevation of the proposed site as .
compared to adjacent street elevations, the staff discussion on the three conclusions required for
a variance approval, variance application number, that the proposal does not overlap the right-
of-way, that the use is consistent with the comprehensive plan and that the conclusions are
erroneous. He added that the only negative input is from the City. He answered several
clarifying questions from the Board about the vision triangle, driveway location, water and
electric meter location, and power pole location. He added that the proposed 24 I x 24'
structure dimensions included overhangs and that the footprint would be less. Discussion
followed, including clarification from staff.
Being no other person wished to speak on the proposal, the public hearing was closed.
The Board discussed the vision triangle issue and concluded that the proposed structure would
not be within the triangle. In addition, the elevation change of the property was discussed as it
relates to adjacent right-of-way. Boardmember Rinehart stated that creative design could be
pursued to allow for an angled driveway. Boardmember Teichert confirmed that the vision
triangle, and curb cut location are not issues for the Board's discussion. Boardmember
Teichert added that a 22 x 22 s.f structure could be placed within the setbacks and that the
variance was not warranted. Fire/building code requirements for separation between types of
buildings were discussed. The requirements for granting a variance were discussed. Staff
stated that corrections relating to the vision triangle issue to the findings and conclusions should
be made regardless of the motion to be made by the Board.
The Board discussed correcting the findings and conclusions where they mention a violation of
the vision triangle which included Finding #10 and Conclusion #A, C and D. Vice-Chair
Meyer moved to deny V AROI-04 citing the 17 findings and 5 conclusions of law stated in
the staff report and amended by the Board. Boardmember Teichert seconded the motion
which passed unanimously.
.
Findings:
Based on the staff report, public review and comments, the Board of Adjustment's discussion
and deliberation, the Board of Adjustment hereby finds that:
1. The applicants are requesting a variance to the bulk and dimension standards set forth in
the Port Angeles Zoning Code for the Residential, Single Family (RS7) zone.
Specifically, the applicants request a reduction of the required 13-foot side yard setback
(to 6 feet) and the rear lO-foot rear yard setback (to 4 feet) for the replacement of a
demolished garage that was non-conforming as to setbacks. The dimensions for the new
detached garage are to be approximately 24 by 24 feet. The application is included as
"Exhibit I" to the staff report.
2.
The site is located at 504 East 12th Street. The property consists of Lots 3 and 4, Block
384, Townsite Plat and is irregularly shaped, approximately 8721 square feet in size.
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Board of Adjustment Minutes
August 6. 200]
Page 7
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The property is currently occupied by a I-story dwelling that is approximately 24 ft. by
33 ft. or 692 square feet in size.
3.
Physical characteristics of the site include two irregular shaped lots that occupy mainly
flat property surrounded by a bank that borders the site along Vine and 121h Street, with
a gradient that ranges from approximately 0 to 12 feet. The eastern portion of the site
is undeveloped except for the presence of a small shed to the front of the property.
4.
Access to the front portion of the dwelling is by foot traffic only, via a staircase located
at the northwest corner of the property. Vehicular access to the site is at the rear.
5.
The existing driveway cut is being utilized for vehicular access and parking. Parking
has been observed by staff in the Lauridsen Boulevard public right-of-way.
6.
Under Chapter 17.44.150, storage of any articles or vehicles is not permitted within the
public rights-of-way of any zone.
7.
The lot size is estimated to be 8721 square feet. A maximum 30 % lot coverage
requirement is specified by the Zoning Code. Based on the estimated sizes of the
existing and proposed structures, the lot coverage would be 15% and therefore within
the lot coverage requirements.
8.
The existing residential dwelling is estimated to be approximately 23 feet from the side
property line and approximately 35 feet from the rear property line. The proposed
location for the garage would be 6 feet from the side property line and 4 feet from the
rear property line.
9. Location of the proposed structure overlaps with the sight distance triangle, at the
corner of Lauridsen Boulevard and Vine Street, as well as the right-of-way along
Lauridsen Boulevard, which is designated a Minor Arterial as per PAMC 11.02.020.
10. Public Works and Utility Department opposes the construction of a new garage if the
structure would be within the 20 foot sight distance setback from the property corner.
11. To the best of our research, no variance requests to reduce setback requirements within
the vision triangle have been approved by the Board of Adjustment.
12. The Light Department had no comments regarding the proposal; the Fire Department
indicated that they have no objections to the location of the proposed structure.
13. One public comments was received from Dave Parish supporting the variance and is
attached to the staff report as "Exhibit 2" .
14.
The purpose of the Zoning Code is to implement the goals, policies and objectives of
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Board of Adjustment Minutes
August 6, 2001
Page 8
the Comprehensive Plan by dividing the City into zones restricting and regulating the .
location, construction, alteration of the use of structures and land, and to promote the
orderly and appropriate development of such areas. The proposed use (garage) is a
permitted use in the RS7 zone under PAMC 17.1O.030(B) as an accessory structure to a
residential use and is consistent with the Zoning Code.
15. In order to grant a variance from the standards of the Zoning Code, the Board of
Adjustment must come to specific conclusions in accordance with Section 2.52.040 of
the Port Angeles Municipal Code.
16. Land uses adjacent to the site consist of residential uses in all directions.
17. In accordance with Sections 197-11-800 (6)(b) and 197-11-908 of the Washington
Administrative Code, and Chapter 15.04 of the Port Angeles Municipal Code, the
proposed variance application is categorically exempt from State Environmental Policy
Act threshold determination and environmental impact statement requirements.
Conclusions:
Based on the staff report, public review and comments, the Board of Adjustment's discussion
and deliberation, and the above listed findings, the Board of Adjustment hereby concludes that:
1. Granting the proposed variance request to allow construction within the required
setbacks would be a grant of special privilege and therefore would not meet the first
conclusion required for approval of a variance.
.
2. The presence of adequate building area to the east and lack of comments concerning
building limitations along the east side of the property, no special circumstances relating
to the size, shape, topography, location, or surroundings of the property exist.
Therefore, the requested variance is not necessary for the applicant to build a garage as
an accessory use and does not meet the second conclusion required for approval of a
variance.
3. Allowing construction within the required setbacks is detrimental to the public welfare
and therefore does not meet the third conclusion for approval of a variance.
4. Sight distance is a high concern because Lauridsen Boulevard is a City Council priority
to become the alternate route for Highway 101.
5.
The proposed variance is not in the best interest of the public as it would interfere with
plans to improve circulation patterns across and within the community, as specified in
the Comprehensive Plan.
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282
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Board of Adjustment Minutes
August 6. 2001
Page 9
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COMMUNICATIONS FROM THE PUBLIC.
Tom Haley inquired about the next step in the variance decision which was explained by staff.
STAFF REPORTS. Planner Barnes announced her resignation effective the end of August.
The Board discussed their availability for a meeting on the second Monday in September due to
the Labor Day holiday. All present stated that they could attend a meeting on September 10th if
necessary.
REPORTS FROM COMMISSION MEMBERS. None
ADJOURNMENT
The meeting was adjourned at 8:53 p.m.
Debra Barnes, Secretary
Barbara Gase, Chair
. PREPARED BY: D. Barnes
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