HomeMy WebLinkAbout760390.tiff WELD C(lJI 'TY Cr+<<,rcrr,m3
ip''?;'.__1,L_Lt._,__*
k
i JUN 1419 6 Id!
anemia. cow,
WELD COUNTY COLORADO
GREELEY VIDEO
REVISED FRANCHISE (PERMIT)
1976
7 60 39 0
Greeley Video hereby submits a revised Franchise, which
meets or exceeds all requirements of the Federal Communications
Commission standards , which must be met by March 31 , 1977.
TABLE OF CONTENTS
PAGE ITEM
1. ORDINANCE IDENTIFICATION
2. SECTION 1 - TITLE
SECTION 2 - PREA:13LE
3. SECTION 3 - DEFINITIONS
4. DEFINITIONS
5. SECTION 4 - GRANT OF AUTHORITY
6. SECTION 5 - POLICE POWER
7. SECTION 6 - INDEMNIFICATION
8. SECTION 7 - COMPLAINT PROCEDURE
9. SECTION 8 - CONSTRUCTION & VAINTENANCE
10. CONSTRUCTION & MAINTENANCE
11 . SECTION 9 - RATES
12. RATES
13. RATES
14. RATES
15. SECTION 10 - FCC RULES APPLICABLE
16. SECTION 11 - FRANCHISE TERM
17. SECTION 12 - RENEWAL PROCEDURE
18. RENEWAL PROCEDURE
19. SECTION 13 - FORFEITURE
20. SECTION 14 - SURRENDER RIGHT
21 . SECTION 15 - TRANSFERS
22. SECTION 16 - FRANCHISE FEE
23. SECTION 17 - RECEIVER SALES PROHIBITED
24. SECTION 18 - ACCEPTANCE
25. SECTION 19 - UNLAWFUL ACTS
26. SECTION 20 - SEVEPADILITY
27. SECTION 21 - EFFLCTIVE OAT:
ORDINANCE NO.
AN ORDINANCE GRANTING A REVISED FRANCHISE TO GREELEY VIDEO
A [COLORADO] CORPORATION,
ITS SUCCESSORS AND ASSIGNS, TO BUILD,
CONSTRUCT, OPERATE AMD MAINTAIN A CABLE
TELEVISION SYSTEM IN WELD COUNTY COLORADO
AND SETTING FORTH CONDITIONS ACCOMPANYING
THE GRANTING OF THIS FRANCHISE:
-1-
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO
SECTION 1 -- TITLE
This Ordinance shall be known and may be cited
as Greeley Video CABLE TELEVISION AUTHORITY.
SECTION 2 -- PREAMBLE
This Ordinance was passed after a full , open, and public
hearing upon prior notice and opportunity of all interested parties
to be heard and upon careful consideration of Greeley Video qualifications ,
including its legal , character, financial and technical qualifications ,
and the adequacy and feasibility of its construction arrangements.
-2-
SECTION 3 -- DEFINITIONS
For the purpose of this Ordinance, and when not inconsistent
with the context, words used herein in the present tense include the
future; words in plural include the singular, and vice versa. The word
"shall " is always mandatory. The captions supplied herein for each
section are for convenience only. Said captions have no force of law,
are not part of the section, and are not to be used in construing the
language of the section. The following terms and phrases, as used
herein, shall be given the meaning set forth below:
(A) "County" is the County of Weld, a legal entity under
the laws of the State of Colorado.
(B) "Grantee" is Greeley Video , a corporation organized
and existing under the laws of the State of Colorado, and it is the
grantee of rights under this franchise.
(C) "Commission" is the Board of Commissioners of Weld
County or its designated representative.
(D) "Federal Communications Commission of "FCC" is the
present Federal agency of that name as constituted by the Communications
Act of 1934, or any successor agency created by the United States
Congress.
(E) "Person" is any individual , firm, partnership, associa-
tion, corporation, company or organization of any kind.
(F) "Gross subscriber revenues" shall include any and all
compensation or receipts derived by Grantee from installation, dis-
connection and re-installation charges and periodic service charges in
connection with the carriage of broadcast signals and Federal Communi-
cations Commission mandated non-broadcast services within the City,
but shall not include any refunds or credits made to subscribers
-3-
•
or any taxes imposed on the services furnished by Grantee. Nor shall
it include revenue from "ancillary" or "auxiliary" services , which
include, but are not limited to , advertising, loved channels , and
programming supplied on a per program or per channel charge basis., if
• any.
(G) "Regular subscriber services" shall include the
carriage of broadcast signals and FCC mandated non-broadcast services ,
but shall not include "ancillary" or "auxiliary" services , which include,
but are not limited to, advertising, leased channels, and programming
supplied on a per program or per channel charge basis , if any.
- 4 -
SECTION 4 -- GRANT OF AUTHORITY
There is hereby granted by the County to Grantee the right
and privilege to construct, erect, operate and maintain in, upon, along,
across, above, over or under the streets, alleys , easements , public ways
and public places now laid out or dedicated and all extensions thereof
and additions thereto in the County, all poles , wires, cables, underground
conduits, manholes and other conductors and fixtures necessary for the
maintenance and operation in the County of a cable television system for
the transmission of television signals and other signals either separately
or upon or in conjunction with any public utility maintaining the same
in the County with all of the necessary and desirable appliances and
appurtenances pertaining thereto. Without limiting the generality of the
foregoing, this franchise and grant shall and does hereby include the
right in, over, under and upon the streets , sidewalks, alleys, easements,
and public grounds and places in the County to install , erect, operate
or in any way acquire the use of, as by leasing or licensing, all lines
and equipment necessary to a cable television system and the right to
make connections to subscribers and the right to repair, replace, enlarge
and extend said lines, equipment and connections. The rights herein
granted for the purposes herein set forth shall not be exclusive, and the
County reserves the right to grant a similar use of said streets, alleys ,
easements public ways and places to any person at any time during the
period of this franchise; provided that nothing contained herein shall be
deemed to require the granting of additional CATV franchises if, in the
opinion of the Commissioners , it is in the public interest to restrict
such franchises to one or more.
-5-
SECTION 5 -- POLICE POWER
Grantee shall at all times during the term of this franchise
be subject to all lawful exercise of the police power of the County.
The right is hereby reserved to the County to adopt, in addition to the
provisions herein contained and any other existing applicable ordinances ,
such additional applicable ordinances as it shall find necessary in the
exercise of its police power; provided that such additional ordinances
shall be reasonable, shall not conflict with or alter in any manner the
rights granted herein , and shall not conflict with the laws of the State
of Colorado, the laws of the United States of America , or the rules of
the Federal Communications Commission.
-6-
SECTION 6 -- INDEMNIFICATION
Grantee shall save the County harmless from all loss sustained
by the City on account of any suit, judgment, execution, claim or
demand whatsoever against the County resulting from negligence on the
part of Grantee in the construction, operation or maintenance of its
cable television system in the County; and for this purpose Grantee shall
carry property damage and personal injury insurance with some responsible
insurance company or companies qualified to do business in the State of
Colorado. The amounts of such insurance to be carried for liability due
to property damage shall be $500,000 as to any one occurrance; and against
liability due to injury to or death of persons , $500,000 as to any one
person and $1 ,000,000 as to any one occurrance. The County shall notify
Grantee, in writing, within ten (10) days after the presentation of any
claim or demand, either by suit of otherwise, made against the County
on account of any negligence as aforesaid on the part of Grantee.
Where any such claim or demand against the County is made by suit or
other legal action, written notice thereof shall be given by the County
to Grantee not less than five (5) days prior to the date upon which an
answer to such legal action is due or within ten (10) days after the
claim or demand is made upon the County, whichever notice yields Grantee
the larger amount of time within which to prepare an answer. Failure
by the County to properly notify Grantee in accordance with the foregoing
of any such claim, suit, or demand against the County shall release
Grantee from its obligation to indemnify the County as provided herein.
-7-
SECTION 7 -- COMPLAINT PROCEDURE
Grantee shall maintain a business office or a toll -free
telephone listing in the County for the purpose of receiving inquiries
and complaints from its customers and the general public. Grantee shall
• investigate all complaints within five (5) days of their receipt and shall
in good faith attempt to resolve them swiftly and equitably. The follow-
ing County official shall be responsible for receiving and acting upon
any unresolved complaints: . Written notice of
this complaint procedure, including the identity of the County official
responsible for receiving unresolved complaints, shall be given to each
subscriber at the time of initial subscription to the cable system.
-8-
SECTION 8 -- CONSTRUCTION AND MAINTENANCE
(A) All structures, lines and equipment erected by Grantee
within the County shall be so located as to cause minimum interference
with the proper use of streets, alleys , easements and other public ways
and places and to cause minimum interference with the rights or reasonable
convenience of property owners , and Grantee shall comply with all reason-
able, proper and lawful ordinances of the County now or hereafter in
force. Existing poles, posts , conduits , and other such structures of any
electric power system,telephone company, or other public utility located
in the County shall be made available to Grantee for leasing or licensing
upon reasonable terms and rates and shall be used to the extent practicable
in order to minimize interference with travel and avoid unnecessary dupli-
cation of facilities. The County shall actively assist Grantee to the
fullest extent necessary in obtaining reasonable joint pole or conduit
use agreements from the owners of existing poles or conduits.
(B) In case of any disturbance by Grantee of pavement, side-
walk, driveway or other surfacing, Grantee shall , at its own cost and
expense and in a manner approved by the County, replace and restore all
paving, sidewalk, driveway or surface so disturbed in as good condition
as before said work was commenced.
(C) In the event that at any time during the period of this
franchise the County shall lawfully elect to alter or change any street,
alley, easement, or other public way requiring the relocation of Grantee's
facilities , then in such event Grantee, upon reasonable notice by the
County, shall remove, relay and relocate the same at its own expense;
provided, however, that where public funds are available for such reloca-
tion pursuant to law, Grantee shall not be required to pay the cost.
-9-
(D) Grantee shall , on the request of any person holding
a building moving permit issued by the County, temporarily raise or
lower its lines to permit the moving of the building. The expense of
such temporary removal shall be paid by the person requesting the same,
and Grantee shall have the authority to require such payment in advance.
(E) Grantee shall have the authority to trim trees upon and
overhanging all streets , alleys , easements, sidewalks and public places
of the County so as to prevent the branches of such trees from coming
into contact with Grantee's facilities.
(F) All poles, lines, structures and other facilities of
Grantee in, on, over and under the streets , sidewalks, alleys , easements
and public grounds or places of the County shall be kept by Grantee at
all times in a safe and substantial condition.
(G) Should any construction be necessary for Grantee to
provide the cable television service authorized by this franchise,
a significant portion of such construction (at least 20%) shall be accom-
plished within one (1 ) year after the effective date of this Ordinance,
and receipt of approved distant signals , or, if FCC certification is
required prior to implementation of the cable television service author-
ized by this franchise, within one (1 ) year after the effective date of
the grant by the FCC of the necessary certification signals. Thereafter,
Grantee shall equitably and reasonably proceed to complete the necessary
construction at a rate of not less than 20% per year of the total con-
struction authorized by this franchise.
-10-
SECTION 9 -- RATES
The rates for installation of equipment and regular sub-
scriber services shall be nondiscriminatory and shall be as set forth
below; provided that nothing contained herein shall be deemed to pro-
hibit reasonable promotional rates which may, from time to time, be
less than the rates set forth herein :
(A) RESIDENTIAL SUBSCRIBERS*
(Includes Converter)
Installation
Primary Outlets S9.95 each
Additional Outlets
(A) installed with 1st outlet 55.00 each
(b) installed another time 9.95 each
Monthly Service Charge
1 . Primary Outlet $6.95 each
2. Additional Outlets (TV/FM) 2.50 each
(B) COMMERCIAL SUBSCRIBERS
Installation Time & Materials
Master systems for motels , hotels , apartment complex,
trailer parks , etc. , will be built on a tine and materials
basis , figured at actual cost to Grantee.
Monthly Service Charge
1 . Hotels , motels , businesses and other transient rentals
(includes converter) $3.00 each
2. Apartments , trailer parks , etc. , billed on bulk basis :
1-5 Outlets $6.95 each
6-49 Outlets 6.00 each
50-99 Outlets 5.50 each
100 and over 5.00 each
Bulk Rate Contracts will be utilized for motels , hotels ,
businesses , apartments , trailer parks , and similar dwelling units.
-11 -
OTHER CHARGES
Reconnect to existing outlet $5.00
Relocate or move outlet in residence 5.00
Transfer from one residence to another 5.00
Reconnect subscriber disconnected for past due account
non-payment $2 monthly in advance
* Residential installation charges may be waived during con-
struction.
(C) No increase in rates charged for installation of equipment
and regular subscriber services as specified above shall be made effective
except as authorized by the Commission within ninety (90) days after
public notice of the proposed increase is given by Grantee to the Commission
and after a full , open , and public proceeding upon prior notice and op-
portunity of all interested parties to be heard; provided that in the event
that the Commission fails to formally act upon the proposed rate increase
within the 90-day notice period, the proposed increase shall be deemed
approved and shall be effective at the end of the 90-day notice period.
Approval or disapproval by the Commission of any rate increase proposed
by Grantee may be expressed by simple resolution, and this Ordinance need
not be amended for that purpose. A request for a rate increase shall not
be unreasonably denied, and any denial of a rate increase, in whole or in
part, shall be accompanied by a written statement by the Commission, which
shall set forth the reasons for denial . In the event that the Commission
denied a proposed rate increase, in whole or in part, Grantee shall have the
right to request arbitration, in accordance with rules of the American
Arbitration Association , to determine the reasonableness of the Commission's
action or, at its option, Grantee shall have the right to request review
of the denial by any court of competent jurisdiction.
-12-
(CO Recognizing the pendency of court litigation and Congres-
sional legislation at the time of the passing of this Ordinance, which
may impose copyright liability upon all or a part of the cable television
service rendered by Grantee in the County, and further recognizing the
uncertainty and jeopardy into which such potential liability places Grantee,
should such copyright liability be imposed upon Grantee by any court or
by the Congress , Grantee shall have the right to increase its rates for
regular subscriber services in order to offset such copyright liability.
Any increase in Grantee's rate schedule pursuant to this paragraph shall
be limited to the amount of the copyright liability imposed. Such increase
shall not be subject to the procedures specified in the preceding para-
graph and shall become effective ten (10) days after notice of such in-
crease is given to the Commission together with a certification that the
increase is due solely to the imposition of copyright liability and that
the increase is limited to an amount necessary to cover the amount of the
liability.
(E) Prior approval of the Commission need not be obtained for
any increase in rates charged for installation of equipment and regular
subscriber services resulting from the imposition of, or an increase
in taxes or license charges imposed upon cable television facilities ,
services, operation, or income; provided that any such increase in rates
is limited to an amount necessary to offset the aforesaid imposition of,
or increase in taxes or license charges. Any such increase shall become
effective ten (10) days after notice of such increase is given to the
Commission together with a certification that the increase is due solely
to the imposition of, or increase in taxes or license charges.
(F) Prior approval of the Commission need not be obtained for
any increase in rates charged for installation of equipment and regular
-13-
subscriber services that does not exceed five percent (5%) in any one
twelve-month period; provided that any increase in rates pursuant to
this provision shall not be in excess of the increase if any, in the
Consumer Price Index applicable to the same twelve-month period. Any
such increase shall become effective ten (10) days after notice of such
increase is given to the Commission together with a certification that
such increase is limited to five (5%) or less of Grantee' s existing rate
schedule for installation of equipment and regular subscriber services ,
or that such increase is limited to the increase in the Consumer Price
Index for the applicable twelve-month period, whichever is the lesser.
(G) Rates for services other than installation of equipment
and regular subscriber services shall be established and published by
Grantee pursuant to the rules of the Federal Communications Commission.
-14-
SECTION 10 -- FCC RULES APPLICABLE
This franchise is governed by and subject to all applicable
rules and regulations of the Federal Communications Commission, specif-
ically including Part 76, and by the laws of the State of Colorado.
Should there be any modifications of the provisions of Section 76.31 of
the Rules and Regulations of the Federal Communications Commission, which
must be incorporated into this franchise, the Commission and Grantee
agree that such incorporation shall be accomplished within one (1 ) year
after the effective date of the FCC's adoption of the modification or
upon renewal of this franchise, whichever occurs first.
-15-
SECTION 11 -- FRANCHISE TERM
This franchise shall take effect and be in full force from,
and after acceptance by Grantee as provided in Section 18, and the same
shall continue in full force and effect for a term of fifteen (15)
years; provided, however, that should FCC certification be necessary
prior to implementation of the cable television service contemplated
under this franchise, then the term shall begin upon the effective date
of the grant by the FCC of the necessary certification.
-16-
SECTION 12 -- RENEWAL PROCEDURE
Grantee shall have the option to request renewal of this
franchise for an additional period not to exceed fifteen (15) years .
Should Grantee desire to exercise this option, it shall so notify
the County, in writing, not less than three (3) months prior to ex-
piration of this franchise. Upon exercise of this option by Grantee,
the Commission shall conduct a full , open and public renewal proceeding
upon prior notice and opportunity of all interested parties to be heard.
The renewal proceeding shall be held for the purpose of considering
Grantee's performance under this franchise in order to determine whether
to renew this franchise. Renewal shall not be unreasonably denied,
and shall be granted unless Grantee is found to be unqualified to con-
tinue operation of this cable television system. If this franchise is
renewed by the County, all of the terms and provisions contained herein
shall be controlling during the renewal period, except to the extent
that said terms and provisions are modified by the County, or unless
this franchise is superseded by a new franchise. Should the Commission,
for any reason, be unable to"complete the renewal proceeding prior to
expiration of this franchise, Grantee shall have the right to continue
operation of this cable television system pursuant to the terms of this
franchise until such time as the renewal proceeding is concluded.
Should the County deny renewal of this franchise, such denial shall be
accompanied by a written statement setting forth the reasons for the
denial . Grantee shall have the right to request review of any such
denial by any court of competent jurisdiction. Furthermore, in the
event that the County denies renewal , Grantee shall be afforded a per-
iod of six (6) months following denial within which to sell , transfer,
or convey this cable television system to a qualified purchaser at fair
-17-
market value. During this six-month period, which shall run from
the effective date of the final order or decision denying renewal ,
including any appeal , Grantee shall have the right to operate this
cable television system pursuant to the terms of this franchise.
-18-
SECTION 13 -- FORFEITURE
If Grantee should violate any of the terms , conditions, or
provisions of this franchise or if Grantee should fail to comply with
any reasonable provisions of any ordinance of the County regulating the
use by Grantee of the streets, alleys , easements or public ways of the
County, and should Grantee further continue to violate or fail to comply
with the same for a period of thirty (30) days after Grantee shall have
been notified in writing by the County to cease and desist from any such
violation of failure to comply so specified, then Grantee may be deemed
to have forfeited and annulled and shall thereby forfeit and annul all
the rights and privileges granted by this franchise; provided that such
forfeiture shall be declared only by written decision of the Commission
after an appropriate public proceeding before the Commission affording
Grantee due process and full opportunity to be heard and to respond to
any such notice of violation or failure to comply; and provided further
that the Commission may, in its discretion and upon a finding of viola-
tion or failure to comply, impose a lesser penalty than forfeiture of
this franchise or excuse the violation or failure to comply upon showing
by Grantee of mitigating circumstances. Grantee shall have the right to
appeal any finding of violation or failure to comply and any resultant
penalty to any court of competent jurisdiction. In the event that for-
feiture is imposed upon Grantee, it shall be afforded a period of six
(6) months within which to sell , transfer, or convey this cable tele-
vision system to a qualified purchaser at fair market value. During this
six-month period, which shall run from the effective date of the final
order or decision imposing forfeiture, including any appeal , Grantee shall
have the right to operate this cable television system pursuant to the
provisions of this franchise.
-19-
SECTION 14 -- SURRENDER RIGHT
Grantee may surrender this franchise at any time upon filing
with the County Clerk of the County a written notice of its intention
to do so at least three (3) months before the surrender date. On the
surrender date specified in the notice, all of the rights and privileges ,
and all of the obligations, duties , and liabilities of Grantee in con-
nection with this franchise shall terminate.
-20-
SECTION 15 -- TRANSFERS
All of the rights and privileges and all of the obligations ,
duties , and liabilities created by this franchise shall pass to and be
binding upon the successors of the County and the successors and assigns
of Grantee; and the same shall not be assigned or transferred without
the written approval of the Commission, which approval shall not be
unreasonably withheld; provided, however, that this Section shall not
prevent the assignment of the franchise by Grantee as security for
debt without such approval ; and provided further that transfers or
assignments of this franchise between any parent and subsidiary cor-
poration or between entities of which at least fifty percent (50%)
of the beneficial ownership is held by the same person, persons , or
entities shall be permitted without the prior approval of the Commission.
-21-
SECTION 16 -- FRANCHISE FEE
In consideration of the terms of this franchise, Grantee
agrees to pay the County a sum of money equal to three percent (3%)
of Grantee's gross subscriber services in the County. Such annual
sum shall be payable one-half (1/2) thereof at the end of each semi-
annual period. The semi-annual anniversary shall be the last day of
June and last day of December of each year, and each semi-annual pay-
ment shall be paid within sixty (60) days thereafter. All other license
fees or taxes levied upon Grantee by the County shall be credited against
the payment required herein.
-22-
SECTION 17 -- RECEIVER SALES PROHIBITED
As a condition of this franchise, Grantee agrees that it
shall not engage in the business of sales or repair of television re-
ceivers owned by its subscribers ; nor shall it be responsible for the
operating condition of said receivers ; provided, however, that this
paragraph shall not apply to converters, decoders , home interactive
terminals and other such devices as may be used in furnishing any
programming or service via Grantee's cable television system.
-23-
SECTION 18 -- ACCEPTANCE
This Ordinance shall become effective when accepted by Grantee
and shall then be and become a valid and binding contract between the
County and Grantee; provided that this Ordinance shall be void unless
Grantee shall , within ninety (90) days after the final passage of this
Ordinance, file with the County Clerk of the County a written acceptance
of this Ordinance and the franchise herein granted, agreeing that it will
comply with all of the provisions and conditions thereof and that it
will refrain from doing all of the things prohibited by this Ordinance.
-24-
•
SECTION 19 -- U'ILA:IFUL ACTS
(A) It shall be unlawful for any person to make any
unauthorized connection , whether physically , electrically , acoustically,
inductively or otherwise, with any part of Grantee' s cable television
system for the purpose of enabling himself or others to receive any tele-
vision signals , radio signals , pictures , programs , sounds , or any other
information or intelligence transmitted over Grantee' s cable system without
payment to Grantee or its lessee.
(B) It shall be unlawful for any person , without' the consent
of the owner, to willfully tamper with, remove, or injure any cable , wires ,
or other equipment used for the distribution of television signals , radio
signals , pictures , programs , sounds , or any other information or intelligence
transmitted over Grantee's cable system.
(c) It shall be a misdemeanor punishable by a fine of not
more than Five Hundred Dollars ($500.00) , or by imprisonment for a term not
to exceed six (6) months , or both, for any person to violate any of the
provisions of this Section.
- 25 -
SECTION 20 -- SEVERABILITY
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or uncon-
stitutional by any Federal or state court or administrative or govern-
mental agency of competent jurisdiction, specifically including the
Federal Communications Commission, such portion shall be deemed a
separate, distinct and independent provision , and such holding shall
not affect the validity of the remaining portions hereof.
It is the intent of the Commission in that grant of authority
heretofore made under Resolution of to Greeley Video shall
continue and remain in full force and effect as modified by this agree-
ment. Any conflict in the provisions of this Ordinance and, except
for the granting of Certificate of Convenience and Necessity to Greeley
Video under Resolution of any provision of Resolution of
in conflict with this Ordinance is repealed.
-26-
SECTION 21 -- EFFECTIVE DATE
This Ordinance shall become effective upon acceptance by
Grantee as provided in Section 18. The effective date shall be the date
upon which the written acceptance provided for in Section 18 is received
by the County Clerk.
Introduced, Read and Ordered Published this day of
A.D. 19
Passed and Ordered Published this day of A.D. 19
Mayor
Attest:
County Clerk
-27-
FRANK L.GRIGGS
FINANCIAL VICE PRESIDENT
July 1, 1976
County Commissioner's Office
Weld County Courthouse
Greeley, Co. 80631
Peat, Marwick, Mitchel) F Co. , 1600 Broadway, Denver, Colorado 80202 are
making their usual examination of our accounts . We would appreciate,
therefore, if you will please furnish them with the following information
in regard to Greeley Video, Inc. as of the close of business on
May 31, 1976.
1. Confirmation by signing and returning this letter that
Greeley Video Inc. is the holder of a permit or
franchise for operations of a cable television system, as
set forth in your Ordinance 71967 , adopted on July
19 , 1967
2. The number and date of adoption of any ordinances or
resolutions which affect the provisions contained in that
permit adopted subsequent to the ordinance granting the
permit.
Thank you for your immediate attention to this confirmation request.
Since ,
/y
Frank L. Griggs
Financial Vice President
The above is correct ( v"). incorrect ( ) . Exceptions :
DATE: 7 / ' 7 (7, SIGNATURE: ' S/�cir—R
�_) a.LtAtc
Y
q ^ llt,
DANIELS PROPERTIES INC. I 2930 EAST 3RD AVENUE DENVER,ICOLORADO 80206 I 303 321-755
i G
* '
Greeley ti
video
2930 east third avenue / denver, colorado 80206 / 303 388-5888
June 10, 1976
Mr. Lee Shehee
County Clerk
Weld County Colorado
P. 0. Box 459
Greeley, CO 80631
Dear Mr. Shehee:
Greeley Video is confident now is the time to move forward
positively with the development of Cable Television for the Greeley
area.
In the intervening years since Weld County granted a franchise
(permit) to Greeley Video, there have been enormous changes in the
technology of the cable communications industry. At the same time,
substantial changes have occurred in the areas of Federal , administra-
tive, and financial requirements.
We are currently in contact with the City of Greeley and would
appreciate the opportunity to discuss these developments with you
and the County Commissioners.
Enclosed please find a brief historical review of the struggle
to develop cable television in this area. Also included is (1 ) a
revised franchise (permit) , which meets or exceeds all requirements
of the Federal Communications Commission (FCC) ; (2) a copy of FCC
document Subpart C-Federal-State/Local Regulatory Relationships 76.31 .
This is the document used as a basis for the revised franchise
(permit) submitted.
I look forward to discussing this matter with you and the Com-
missioners at the earliest convenient time.
Sincerely/ /,
H. L. Oyler
kmw
Enclosures
cc John Seeman
Bob Clark
file
June 8, 1976
The Board of County Commissioners
Weld County Colorado
Gentlemen:
The following is a brief Historical Review of developments in the quest
for Cable Television for Weld County, which began in 1967 and carry forward
to this date.
Initial Proposal--Greeley Video
In 1967, Greeley Video was issued a certificate of incorporation as a
Colorado Corporation. Subsequently, Greeley Video submitted a detailed
proposal to provide cable television services in Weld County. This proposal
was imaginative, innovative, and represented a sizeable investment on behalf
of the cable company.
Simultaneously with this proposal , similar efforts were underway in the
cities of Greeley, Fort Collins, Loveland, and Longmont, and in Larimer
County.
Discussions led to an area approach to this "new" communications medium
by all involved, to derive the best advantages for the total area, including
linking together of the communities to share educational and other resources.
CATV-Bids
Subsequently, in November of 1967, all four communities and the two
counties received bids from "Video" , which was the only company to meet all
conditions , and shortly thereafter franchises (permits) were awarded.
Application to FCC
In January of 1968, "Video" made application with the Federal Commun-
ications Commission (FCC) to provide latest state-of-the-art, Cable Tele-
vision Service to the four communities. That action was never given formal
hearing by the FCC. ,ne Commission, that same month , effectively put a freeze
on cable television by allowing Broadcast Television Stations to stop cable
development, by objecting on the grounds that cable would or might dilute
their audiences. The period up until early 1972 , then, was one in which the
FCC sought to develop specific rules and regulations to control the develop-
ment and operation of the cable television industry. •
New FCC Rules •
Finally, on March 31 , 1972, the "freeze" ended with the adoption by the
FCC of a new set of rules governing the nationwide development of CATV.
These rules effectively changed the original applications for Greeley, Fort
Collins , Longmont, Loveland, and the two counties , and the company (Video)
then set about the task of developing new applications to the FCC to conform
with the new regulations. On August 30, 1972 , the new applications were
submitted to the FCC, and included such areas as provision of service to every
part of the city; color production studios available for local program pro-
duction; local access ; educational access; a remote telecasting van; and a
newly designed system, which would be able to carry thirty channels , including
a new technological innovation called Metro Data to accommodate comprehensive
local access , by utilizing a computer and remote keyboards . Other areas in-
cluded in the new application included two-way capacity for 'specific uses and
experimentation, in particular, educational and city communications ; service to
be provided to all public schools, police and fire stations , libraries and other
public buildings at no monthly cost; an agreement to pay rental for any city
owned utility pole used by the company; a fee payment to the city of between
3 and 5 percent (the FCC now specifies anything over 3% must be justified
as being appropriate in the light of the planned lock regulatory program) .
There was also a new schedule of monthly subscriber fees to reflect the in-
creased amount of services to be provided. •
So with the 1972 CATV "thaw" it appeared that Greeley would soon have
the services of a professional cable television system. This was not to be
so. In June of 1972, the FCC approved a construction permit for a UHF
Broadcast Television station (Channel 22) assigned by license to Fort Collins-
Greeley. Thus, once again , blocking the development of cable television.
According to FCC rules , the granting of a construction permit for Channel 22
prevented the cable company from importing a single distant signal . This sit-
uation was finally resolved early in 1975, when the FCC declared the building
permit for the television station void, because the declared intent to con-
struct the facility had not developed, and did not appear likely to develop,
though extensions had been requested and granted.
Certificates Granted
On March 31 , 1975, the FCC granted to Video Certificates of Compliance
(permits) for Greeley, Fort Collins , Larimer and Weld Counties. Loveland
and Longmont were held in abeyance.
Conditions to Permits
In granting the Certificates of Compliance, the Commission set their
term at two years , with expiration as of March 31 , 1977; with that date set
as the time when all franchises , for existing cable television operations ,
or unbuilt franchises (permits) , issued by cities prior to March 31 , 1972,
were required to be updated to meet the new rules and regulations.
Quote from Fort Collins CATV Committee
We believe the following quotes from the Fort Collins CATV Committee
report states precisely the position of "Video".
For eight years , this company has worked diligently to
keep us informed on events and to design the system to
meet the high expectations for local communications.
Video has been the only cable company desirous of providing
an area educationalchannel . It has a major investment in
this area. It is the unanimous feeling of the Committee
that the problems encountered by Video would have similarly
been encountered by any other firm.
"While great disappointments have ensued in not being able to obtain the
service, the Committee recommends that the City Council continue to support
Video."
Video has , throughout the history of this endeavor, sought its develop-
ment in every way possible. Each Application for Certification to the FCC
was met with broadcaster objection; each objection was answered, and in turn,
each answer received retaliatory objection. Finally, all legal hurdles have
been cleared, and it is at this time we are certain we can not proceed in an
orderly fashion.
Sincerely
---"Wir
H. L. 0y1
kmw
cc John Saeman
Robert M. Clark
file
SUBPART C -FEDERAL -STATE/LOCAL
REGULATORY RELATIONSHIP,'
76.31 Franchise Standards
(a) In order to obtain a certificate of compliance, a proposed or existing cable
television system shall have a franchise or other appropriate authorization that
contains recitations and provisions consistent with the following requirements;
(I) The franchisee's legal, character, financial , technical and other qualifi -
cations , and the adequacy and feasibility of its construction arrangements , have
been approved by the franchising authority as part of a full public proceeding
affording due process;
(2) The franchisee shall accomplish significant construction within one (I)year
after receiving Commission certification, and shall thereafter reasonabl y make
cable service available to a substantial percentage of its franchise area each year,
such percentage to be determined by the franchising authority ; Ftovided,however,
that where a franchise contains a policy of construction requiring less than comp-
lete wiring of the franchise area ,such policy shall be adopted only after a full
public proceeding (as contemplated by subparagraph (I) of this paragraph) which
includes specific notice of the consideration of such a policy.
NOTE: The proviso to this paragraph is applicable only to franchises granted
after August 1,1975.
(3) The initial franchise period shall not exceed fifteen(15) years , and any renewal
franchise period shall be of reasonable duration.
(4) The franchising authority has specified cr approved the initial rates that the
franchisee charges subscribers for installation of equipment and regular subscriber
services . No increases in rates charged to the subscriber shall be made except
as authorized by the franchising authority after an appropriate public proceedirg
affording due process;
(5) The franchisee shall:(i) specify that proceedures have been adopted by the
franchisee and franchisor for the investigation and resolution of all complaints
regarding cable television operations ;(ii) require that the franchisee maintain a
local busines s office or agent for these purposes;(iii) designate byhitle the office
or official of the franchising authority that has primary responsibility for the
continuing administration of the franchise and implementation of complaint
procedures and (Iv) specify that notice of the procedures for reporting and
resolving complaints will be given to each subscriber at the time of initial
subscription to the cable system.
NOTE: Subparagraps (iii) and (iv) of this paragraph are applicable only to
franchises granted after Augustl,1975
(6) Any modificatio-m of the provisions of this section resulting from amendment
by the Commission shall be incorporated into the franchise within one(l) year
of adoption of the modification, or at the tine of franchise renewal , whichever
oceurc first.
Provided , however, That , in an application for certificate of compliance,
consistency with these requirements shall not be expected of a cable television
system that was in operation prior to March 31,1972, until the end of its
current franchise period , or March 31 ,1977, whichever occurs first; and
provided , further, That on a petition filed pursuant to 76.7 , in connection
with an application for certificate of compliance the commission may waive consistency
with these requirements for a cable system that was not in operation prior to
March 31,1972 , and that, relying on an existing franchise , made a significant
financial investment or entered into binding contracture] agreements prior to
March 31,1972 until the end of its current franchise period , or March 31,1977,
whichever comes first.
(b) The franchise fee shall be reasonable (e.g. ,in the range of 3 to 5 percent of the
franchisees gross subscriber revenues per year from cable television operations in the
community (including all forms of consideration, such as initial lump sum payments)).
If the franchise fee exceeds three percent of such revenues, the cable television
system shall not receive Commission certification until the reasonable: ass of the fee
is approved by the Commission on showings by the franchisee that it will not interfere
with the effectuation of federal regulatory goals in the field of cable television,and,
by the franchising authority that it is appropriate in the light of the planned local
regulatory program. The provisions of this paragraph shall not be effective with
respect to a cable television system that was in operation prior to March 31,1972,
until the end of a systems current franchise period , or March 31,1977, whichever
occurs first.
Hello