HomeMy WebLinkAbout952154.tiffHEARING CERTIFICATION
DOCKET NO. 95-64
RE: CABLE TELEVISION FRANCHISE RENEWAL - TCI CABLE OF COLORADO, INC.
A public hearing was conducted on October 16, 1995, at 9:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter - TARDY
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
County Attorney, Bruce Barker
Assistant County Attorney, Cyndy Giauque
Finance and Administration Director, Donald Warden
The following business was transacted:
I hereby certify that pursuant to a notice dated September 27, 1995, and duly published October 5,
1995, in the North Weld Herald, a public hearing was conducted to consider the request of TCI
Cable of Colorado, Inc., for renewal of its franchise. Bruce Barker, County Attorney, made this a
matter of record and explained TCI has a cable franchise operation in Weld County which basically
serves areas around the City of Greeley. He stated the franchise was first put into effect
approximately twelve years ago and is coming due soon; therefore, staff has been in discussion
with TCI, and they have reached agreement on many issues discussed in a worksession in
September 1995. Cyndy Giauque, Assistant County Attorney, stated TCI has presented a twelve-
year franchise agreement proposal. She explained TCI would like the agreement to come due
approximately the same time as the City of Greeley's, which was renewed about two years ago.
Kathy Stewart of TCI was present and stated it would be easiest to have all agreements, which
include the Cities of Evans, Greeley, LaSalle, and Garden City, and Weld County, done as a
consortium; therefore, the cities' agreements could be extended for two years, which would be
easier than renewing with the County for only ten years. Ms. Stewart also stated Seeley Lake
should have service by November 1, 1995, and Arrowhead should be completely serviced by the
end of December 1995. Ms. Giauque noted that particular part of the agreement is not included
in the franchise, but is on the record for this hearing. She explained franchise fees provided for in
the contract are now at five percent, which is the maximum allowable by Federal law, and a
provision exists in the agreement that says, if Federal law raises the percentage in the future, the
County can raise the percentage up to seven and one-half percent. Ms. Giauque further explained,
if Federal law raises the percentage higher than seven and one-half percent within the twelve
years, a provision allows the percentage rate to be negotiated.
Let the record reflect Commissioner Baxter is now present.
Ms. Stewart noted the franchise fees have been at five percent for the past eight years and she
does not see it going higher than seven and one-half percent, but it is negotiable. Ms. Giauque
clarified her previous comments, and Donald Warden, Finance and Administration Director, stated
this year's franchise fees are approximately $14,000.00. Ms. Stewart projected about 70
customers would be added from Seeley Lake and Arrowhead. Ms. Giauque reiterated the
maximum allowable under the franchise agreement would be seven and one-half percent, even if
the Federal Government went higher. After further discussion, Commissioner Harbert moved to
amend the franchise renewal agreement to read Weld County can charge up to the maximum
allowed by Federal law. Commissioner Webster seconded the motion, which carried unanimously.
952154
ORD94
RE: HEARING CERTIFICATION - TCI CABLE OF COLORADO, INC. FRANCHISE RENEWAL
PAGE 2
Ms. Giauque stated there is another provision concerning franchise fees for non -cable television
programming products. Ms. Stewart explained the other products include any cable -related at the
five percent, and, if TCI does move into Telephony, it would want the same rate as the competition
since it is paying at the same level. Ms. Giauque noted there are no specific standards in the
actual franchise agreement, but the same paragraph is included in the franchises with Windsor,
Evans, and LaSalle. Ms. Stewart stated those changes were included when TCI knew there would
be changes in the law due to Telephony, and the City of Greeley's franchise would be revisited if
TCI decides to do Telephony. She explained the differences between the City of Greeley's and the
other cities' agreements and read the verbiage concerning the rates into the record. Ms. Stewart
reiterated for the record that TCI would revisit the City of Greeley before doing Telephony to
discuss and amend its contract, because TCI wants it at the same level as the competition. Mr.
Barker suggested including a statement that if TCI does go into those areas, the amount will be
revisited, so as to have a set amount or percentage. Ms. Stewart stated she preferred that
verbiage be tied into the Federal law to avoid conflict. Mr. Barker suggested the following verbiage
for the record: At such time as the company decides to go into the areas listed, the two parties will
meet and determine the percentage amount to be paid on those facilities for services up to the limit
imposed by Federal law. Commissioner Harbert moved to so amend the agreement, and
Commissioner Baxter seconded the motion, which carried unanimously.
Ms. Giauque stated there is also a provision in the agreement requiring not less than five business
days notice from Weld County if it needs TCI to relocate or disconnect cable within the right-of-way;
however, Statute requires only 48 -hours notice. After further explanation, Ms. Stewart confirmed
if it is just a notice, that is agreeable. Commissioner Harbert moved to amend the agreement to
state 48 -hours notice, and Commissioner Webster seconded the motion, which carried
unanimously.
Ms. Giauque stated one other minor issue is the few lines that are above -ground and the trimming
of trees around those lines. Ms. Stewart stated her concern is allowing property owners to trim
trees around utility lines due to liability issues and damage to the lines. After discussion, Ms.
Stewart stated she preferred the agreement indicate the responsibility of trimming and costs is
TCI's. Mr. Barker suggested the following language for the record: If TCI sees the need for any
tree trimming around cables, that TCI will do that on its own and absorb the cost. Commissioner
Harbert moved to so amend the agreement, and Commissioner Webster seconded the motion,
which carried unanimously.
Ms. Giauque stated for the record that TCI has included in the agreement that it is giving a
guarantee from the parent company, instead of a performance bond. She also stated for the
record that TCI's agreement provides for insurance commensurate at least with the limits required
by the Ordinance, as well as a provision that if there is a non -renewal or termination the County can
opt to purchase the company under certain provisions. Ms. Stewart complimented Ms. Giauque
on her professional and positive approach.
Andrea Lundley, Greeley, Colorado, asked the Board several questions including what cable vision
has to do with public utilities and how it was formed and acquired easement rights under the Utility
Act. Mr. Barker explained utility easement rights are regulated by State statute. Ms. Stewart
confirmed TCI is part of the FCC and does abide by the easement right-of-ways. She stated if any
damage has been done, it will be repaired and suggested Ms. Lundley talk with her after the
meeting. After further comments from Ms. Lundley, Ms. Stewart clarified TCI has had easement
rights from the beginning of its franchise. Mr. Barker further clarified the grant of the easement
itself dictates the types of utilities allowed. Further discussion ensued concerning safety,
responsibility, and liability issues. Ms. Stewart explained the lines carry a frequency signal and the
purpose of the boosters. Chairman Hall suggested the County Attorney provide any further
information desired by Ms. Lundley.
Commissioner Harbert moved to approve the cable television franchise renewal with TCI Cable of
Colorado, Inc., with the amendments as entered into the record, for a period of twelve years. The
motion was seconded by Commissioner Webster, and it carried unanimously.
952154
ORD94
RE: HEARING CERTIFICATION - TCI CABLE OF COLORADO, INC. FRANCHISE RENEWAL
PAGE 3
This Certification was approved on the 18th day of October, 1995.
APPROVED:
ATTEST:
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Weld County Cl.prk the Board
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TAPE #95-4G •
DOCKET #95-64
ORD94
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Dale K. Hall, Chairman
FXfi ISFIl
Barba J. Kirkmeye , Pro -Tern
/GeoE. Baxter
Constance L. Harbert
TK
W. H. Webster
952154
ORD94
AFFIDAVIT OF PUBLICATION
NOTICE
Pursuant to Weld County
Ordinance No. 94, a
public hearing will be held
In the Chambers of the
Board of County Commis-
sioners of Weld County,
Colorado, Weld County
Centennial Center, 915
10th Street, Greeley.
Colorado, at the time In-
dicated below, for con-
sideration o1 granting a
Iranchlse renewal to TCI
Cable of Colorado, Inc..
Including non-exclusive
rights to further construct
or update a cable tele-
vision system along the
streets, alleys, and public
ways of the County.
Renewal Application ma-
terials may be examined
in the office of the Clerk to
the Board of County Com-
missioners, located In the
Weld County Centennial
Center, 915 10th Street,
Third Floor, Greeley, Co-
lorado
DOCKET NO: 95-64
DATE: October 16, 1995
TIME: 9:00 a.m.
REQUEST: Cable Televi-
sion Franchise Renews)
BOARD Of COUNTY
COMMISSIONERS
WELD COUNTY,
COLORADO
BY:
DONALD D. WARDEN
WELD COUNTY CLERK
TO THE BOARD
BY:
KIMBERLEE SCHUETT
DEPUTY CLERK
TO THE BOARD
DATED:
September 27, 1995
PUBLISHED:
October 5, 1995, In
the North Weld Herald
STATE OF COLORADO
ss.
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
THE NORTH WELD HERALD
a weekly newspaper having a general circulation in said
County and State, published in the town of Eaton, in said
County and State; and that the notice, of which the annexed is
a true copy, has been published in said weekly newspaper for
One successive weeks, that the notice was published
in the regular and entire issue of every number of the paper
during the period and time of publication, and in the
newspaper proper and not in a supplement, and that the
publication tiof said notice:
�lthllL ND rice_ - Ord.nanee_ #94/ Dc44/ f$ --4v
was in said newspaper bearing the date(s) of:
LGIS�a 1� Odle?, r , 19 9s-
19
,19
19
and that the said THE NORTH WELD HERALD has been
published continuously and uninterruptedly for the period of 52
consecutive weeks, in said County and State, prior to the date
of first publication of said notice, and the same is a newspaper
within the meaning of an Act to regulate printing of legal
notices and advertisements, approved May 18, 1931, and all
prior acts so far force
ita-2
E J. BORMANN, PUBLISHER
Subscribed and sworn to before me this 5+h day
of
&1i& C. `68
19 95
NOTARY PUBLIC
My commission expires Oct cbEr 21) 1999
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