Loading...
HomeMy WebLinkAboutAGENDA REPORT 1989 0410 CC ADJ ITEM 11AELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer TO FROM: DATE: MOORPARK ITEM IleA• MEMORANDUM The Honorable City Council Richard Hare, Deputy City Manager /City April 6, 1989 SUBJECT: CABLE FRANCHISE TFCHNICAI_ CONSULTANT STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police MOORPARK, CALIFORNIA City Council Meeting of 11- 1u 198 . ACTION: f ✓� >i�..iti(cj�tttk ,il_ C!G"`��� iG C er 1, r y It was the City Attorney's opinion that the attached item could not be discussed at last nights meeting. It, is, however, very important that we move forward with securing the services of a technical consultant to assist us in the negotiations with Western Communications (VCC), further the work of this consultant. will have a direct impact. on the renovation of the sound, lighting, and pguipment needs of the Community Center multipurpose room. Scott Fields, our attorney in this matter, and I have reviewed the. two proposals. Given the technical background of Telecommunications Management Corporation and their extensive experience working with municipal clients, Mr. Fields and I recommend entering into an agreement for services with Telecommunications Management Corporation for an amount not to exceed $6,800 to hp paid From funds deposited by Western Communications for this purpos?. STAFF RECOMMENDATION Either refer to the franchise sub - committee or, authorize the City Manager to enter into the agreement, fr, r services attached with Telecommunications Management Corporation, not to exceed $6,800 to be paid from deposits made by Western Communications for this purpose. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tam CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer TO: FROM: DATE: MOORPARK M E M O R A N D U M The Honorable City Council Richard Hare, Deputy April 5, 1989 City Man 6j�� SUBJECT: Cable Franchise Technical Consultant Background STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The City is currently preparing a franchise enabling ordinance and a new franchise agreement between the City and Ventura County Cablevision. The cost of preparing these documents will be borne by Ventura County Cablevision. In order to evaluate the technical requirements for live telecasting of meetings and other related issues such as linking cable systems, it is advisable to obtain the services of a consultant experienced with cable television systems and equipment. Our attorney in these negotiations, Scott Fields, from the firm of Burke Williams & Sorenson, has requested proposals from three firms specializing in this area. John Brooks Associates responded with a proposed fee of $18,600. Telecommunications Management Corportion responded with a proposed fee of $6,800. Kinley Simpson, Tnc. did riot respond. Their proposals were received April 4, 1989 in this office. The cost for these services, if approved by Council, would be paid by Ventura County Cablevision and deducted from their required deposit of $20,000. This item was not placed in the regular Council packet because the proposals were received after the packets were prepared. The franchise with Ventura County Cablevision is currently extended until April 19, 1989, hence the urgency of proceeding in this matter. Recommendation Authorize the Cable Franchise Sub - Commit. tee l:o select one of the two consultants responding to the RFP to r,Pnder services per the attached 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864 The Honorable City Council April 5, 1989 Page 2 agreement. Further, authorize the City Manager to sign the agreement for consulting services and to make payments for same out of funds deposited by Ventura County Cablevision for this purpose. RH:sc 89452 Attachments: Proposals w /Agreement 5757 Wilshire Boulevard • Suite 344 • Los Angeles. California 90036 • (213)931 -2600 March 27, 1989 MAR ? J 1�8y Mr. Scott F. Field, Esq. B1uke, klharw &Sorensen Burke, Williams & Sorenson 3200 Park Center Drive, Suite 650 Costa Mesa, California 92626 Dear Mr. Field: In response to your request, Telecommunications Management Corp. (TMC) is pleased to submit this proposal to provide cable television consultant services to the City of Moorpark, in accordance with the City's scope of work. We have completed all items left blank in the agreement we received. It may be noted that TMC is especially well qualified for this assignment. We are now consultants to the Cities of Westlake Village and Agoura Hills, during their franchise renewal process. Both cities, as you may know, are served by Ventura County Cable - vision's cable system. In the course of this work, we have become very familiar with VCC's proposed new system configuration, with various interconnection options, and with the feasibility of a wide variety of alternatives for public, educational and govern- ment (PEG) access cablecasting over VCC's present and proposed facilities. All of these areas are directly relevant to the scope of work for the City of Moorpark. In addition, TMC's broad experience in providing professional cable television consultant services to over three hundred munici- palities in the past 17 years also is highly pertinent to this assignment. The attached information indicates the breadth and nature of those projects. We urge you to contact any of the references listed to ascertain the degree of client satisfaction with TMC's work. Please let us know if any further information is desired. Thank you for the opportunity to offer our services to the City of Moorpark, and we look forward to your response. Sincerely, CARL PILNICK President CP /klm Enclosure AGREEMENT FOR CABLE TELEVISION CONSULTING SERVICES This Agreement, was made and entered into this day of March 1989, by and between the City of Moorpark ( "City "), a municipal corporation, and Telecommunications Management Corp- (" TMC ") , a California Corporation engaged in telecommunications consulting ( "Consultant "). The parties hereto mutually agree as follows: 1. Services. Consultant shall perform the following tasks: (1) Critique of cable television ordinance prepared by City. (2) Evaluation of technical adequacy of 54 channel system proposed by Ventura County Cablevision ( "VCC "), including the VCC's proposal to provide the capability of live and videotaped programming from City Hall, via a governmental and educational channel dedicated to Moorpark. (3) Feasibility of City preempting the system -wide local origination /public access channel to program the public access channel from Moorpark City Hall. (4) Feasibility of an interconnection between the VCC and Mountain Meadows cable television systems for programming originating from: (i) Moorpark City Hall; and (ii) the VCC system. (5) Feasibility of PEG interconnection with Simi Valley cable television system. (6) Feasibility of cablecasting Board of Supervisor meetings over VCC PEG system. (7) Evaluation of present operation of VCC Local Origination /Public Access Studio in Westlake Village. (8) Preparation of construction and equipment specifications for governmental access studio at Moorpark City Hall, including cost estimate. (9) Other tasks requested by the City. 2. Payment. The City agrees to pay Consultant monthly, based upon actual time spent on the above tasks at the following billing rates: Mr. Carl Pilnick, $125 /hour, Mr. Michael J. Friedman, $75 /hour In no event shall the total compensation exceed $ 6, H Tasks 1 -8) unless additional time is approved by the City. The estimated cost and deadline for completing each of the above tasks is set forth in Exhibit A, attached hereto. Consultant shall not exceed the estimates set forth in Exhibit A without the written consent of the City Manager. 3. Amendments. This Agreement may be amended so long as such amendment are in writing and agreed upon by both the City and Consultant. 4. Termination. Termination of this Agreement may be made by either the City or Consultant so long as written notice of intent to terminate is given by the other party at least fourteen (14) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. 5. Status of Consultant. contractor in all respects Agreement and shall not be City for any purpose. No available to Consultant in of this Agreement. Consultant is an independent in the performance of this considered an employee of the employee benefits shall be connection with the performance 6. Liability. City shall not be called upon to assume any liability for direct payment of any salaries, wages, or other compensation to any Consultant personnel or subcontractors performing services hereunder for City, or any liability other than provided for in this Agreement. City shall not be liable for compensation or indemnification to any Consultant employee or subcontractor for injury or sickness arising out of his employment, or for any negligent actions of Consultant or its employees. All persons employed in the performance of such services and functions shall be employees of Consultant and as such, shall not, for any purposes, be considered employees of City, and therefore shall have no right to any City service, civil service, or other City status. Consultant agrees to defend, indemnify, release and hold harmless the City, its officers, agents, employees, and representatives for all claims or losses they may suffer resulting from any negligent actions or omissions by Consultant, its principals, agents and /or employees. -2- sff/AGR2311:bjj 7. Subcontracts. Any subcontracts entered into by Consultant for services to be rendered toward the completion of the Consultant's portion of this Agreement shall be for the Consultant's benefit alone, and as such shall be his/her responsibility with no liability resting on the City. 8. Default. In the event that Consultant is in default under the terms of this Agreement, it is expressly agreed that the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. 9. Reimbursement. Each party agrees that in the event of a court determination that a party is in default in the performance of this Agreement, said party will reimburse the other for all expenses (including attorneys fees) incurred by such party in connection with enforcement of its rights under this Agreement. 10. Notices. Notices Agreement by personal or by written notice custody of the United follows: (a) City: shall be given pursuant to this service on the party to be notified, upon such party deposited in the States Postal Service addressed as Attention: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 (b) Consultant: Attn: Mr. Carl Pilnick, President Telecommunications Management Corp. 5757 Wilshire Blvd.. Smite 344 Los Angeles, CA 90036 -3- sff/AGR2311:bjj The notices shall be deemed to have been given as of the date of personal service, or as of the date of deposit of the same in the custody of the United States Postal Service. The parties hereto have executed this Agreement on the date and year above written. TELECOMMUNICATIONS MANAG3,UNT CORP. By: Carl Pilnick President APPROVED AS TO FORM: ATTEST: City Attorney City Clerk -4- sff/AGR2311:bjj CITY OF MOORPARK NZ Steven Kueny City Manager EXHIBIT A TASKS (1) Critique of cable television ordinance prepared by City. (2) Evaluation of technical adequacy of 54 channel system proposed by Ventura County Cablevision ( "VCC "), including the VCC's proposal to provide the capability of live and videotaped programming from City Hall, via a governmental and educational channel dedicated to Moorpark. COMPLETION DATE 15 days after authorizatic to proceed ( "AATP ") 45 days AATP (3) Feasibility of City preempting 45 days AATP the system -wide local origination /public access channel to program the public access channel from Moorpark City Hall. (4) Feasibility of an interconnection between the VCC and Mountain Meadows cable television systems for programming originating from: (i) Moorpark City Hall; and (ii) the VCC system. (5) Feasibility of PEG interconnection with Simi Valley cable television system. (6) Feasibility of cablecasting Board of Supervisor meetings over VCC PEG system. (7) Evaluation of present operation of VCC Local Origination /Public Access Studio in Westlake Village. -5- sff/AGR2311:bjj 60 days AATP 60 days AATP 75 days AATP 60 days AATP (8) Preparation of construction and equipment specifications for governmental access studio at Moorpark City Hall, including cost estimate. (9) Other tasks requested by the City. -6- sff/AGR2311:bjj 90 days AATP Depends upon tasks. TELECOMMUNICATIONS MANAGEMENT CORP. BACKGROUND AND REFERENCE MATERIAL TELECOMMUNICATIONS MANAGEMENT CORP. 5757 Wilshire Boulevard • Suite 344 • Los Angeles, California 90036 • (213)931 -2600 GENERAL EXPERIENCE Telecommunications Management Corp. (TMC) is an independent consulting firm, founded in 1972, with no ties either to cable system operators or equipment manufacturers. The bulk of TMC's work in cable communications is for franchising agencies, such as cities and counties, and major users of communications services, such as universities and school systems. TMC's experience in assisting cities in all aspects of the cities' relationship with cable operators is unparalleled. TMC has provided consultant services to such major cities as Baltimore, the District of Columbia, Minneapolis, Phoenix, Miami, Nashville, New Orleans, Cincinnati, Jacksonville, Little Rock and Portland, among others, in addition to over two hundred smaller communities. TMC's areas of consultant support have included almost all aspects of cable television and communications: (a) Provision of consultant services and support for the initial franchise award, renewal, refranchising and transfer processes. (b) Evaluation of franchise applications and proposals, in a comprehensive, objective manner that appropriately weighs and inter- relates the many complex factors involved, such as financial capability, system technical design, public services, etc. (c) Drafting recommended cable television ordinances and franchise agreements, and participation in franchise negotiations. (d) Technical evaluation of cable systems. (e) Planning studies of new services that could be provided via cable systems, and evaluating costs and benefits of such services, and the projected economic viability of cable tele- vision systems in various markets. (f) Provision of post- franchise consultant services in such areas as reviewing system construction and operations, technical performance reviews and planning for governmental and public use of cable system facilities. TELECOMMUNICATIONS MANAGEMENT CORP 5757 Wilshire Boulevard • Suite 344 • Los Angeles, California 90036 • (213) 931 -2600 CHANDLER GILBERT PEORIA PHOENIX ARKAM LITTLE ROCK CALIFORNIA AGOURA HILLS ALAMEDA COUNTY ALBANY ARCADIA BALDWIN PARK BELL BELL GARDENS BENICIA BERKELEY BEVERLY HILLS BUENA PARK CHICO CHINO CONTRA COSTA COUNTY CORONADO CUDAHY CULVER CITY CYPRESS DALY CITY DINUBA DOS PALOS DOWNEY EL MONTE EL SEGUNDO FAIRFIELD FIREBAUGH FOUNTAIN VALLEY FRESNO GARDENA GARDEN GROVE HAWTHORNE HERMOSA BEACH HILLSBOROUGH HUNTINGTON BEACH INDIO KERMAN KINGSBURG LAFAYETTE LAGUNA BEACH LAKEWOOD LA MESA LANCASTER LA PUENTE LIVERMORE LOS ALAMITOS LOS ALTOS LOS ALTOS HILLS LOS ANGELES CITY LOS ANGELES COUNTY LYNWOOD MENDOTA MONROVIA MORAGA NAPA NEVADA COUNTY NORCO NORWALK ORANGE CITY ORANGE COUNTY CABLE TELEVISION CLIENT CITIES AND COUNTIES NIA (CONTINU OXNARD PALM SPRINGS PARAMOUNT PASADENA PICO RIVERA PINONE PISMO BEACH POWAY RANCHO CUCAMONGA REEDLEY RICHMOND ROHNERT PARK SAN GABRIEL SANGER SAN JOAQUIN SAN JOSE SAN JUAN CAPISTRANO SAN LEANDRO SAN LUIS OBISPO SAN PABLO SAN RAFAEL SANTA ANA SANTA CLARA COUNTY SANTA CRUZ SANTA CRUZ COUNTY SANTA FE SPRINGS SANTA MARIA SANTA MONICA SAUSALITO SELMA SIM1 VALLEY SONOMA STANTON STOCKTON SUNNYVALE VISALIA WESTLAKE VILLAGE WESTMINSTER WHITTIER WILLOWS YORBA LINDA COLORADO BOULDER 1' I; ATLANTIC BEACH HILLSBOROUGH COUNTY JACKSONVILLE JACKSONVILLE BEACH MARTIN COUNTY MIAMI NEPTUNE BEACH ILLINOIS CHARLESTON CRETE COUNTRYSIDE FLOSSMOOR HARVEY HAZEL CREST HINSDALE INDIANHEAD PARK LA GRANGE LA GRANGE PARK MATTESON ILLINOIS (CONTINUED) OLYMPIA FIELDS PARK FOREST SOUTH PEORIA RIVERSIDE SPRINGFIELD THORNTON LOUISIANA NEW ORLEANS MARYLAND_ ANNE ARUNDEL COUNTY BALTIMORE MONTGOMERY COUNTY ICH AJJ AVON TOWNSHIP BERKLEY BLOOMFIELD HILLS BLOOMFIELD TOWNSHIP CLAWSON COMMERCE TOWNSHIP FERNDALE HIGHLAND TOWNSHIP HUNTINGTON WOODS KEEGO HARBOR LAKE ORION VILLAGE LIVONIA LYON TOWNSHIP MILFORD TOWNSHIP MILFORD VILLAGE OAKLAND TOWNSHIP OAK PARK ORCHARD LAKE PLEASANT RIDGE PONTIAC TOWNSHIP ROCHESTER ROYAL OAK SAGINAW SYLVAN LAKE TROY WALLED LAKE WEST BLOOMFIELD TOWNSHIP WESTLAND WHITE LAKE TOWNSHIP WIXOM WOLVERINE LAKE MLNESOJ A BROOKLYN CENTER BROOKLYN PARK BURNSVILLE CRYSTAL EAGAN GOLDEN VALLEY MAPLE GROVE MINNEAPOLIS MINNESOTA STATE NEW HOPE OSSEO PLYMOUTH ROBBINSDALE ST, PAUL WINONA $OURL OVERLAND NEW YORK NEW YORK CITY NEW YORK STATE 41u BURTON CINCINNATI HAMILTON COUNTY MIDDLEFIELD SHAKER HEIGHTS OREGON BEAVERTON CORNELIUS DURHAM FOREST GROVE HILLSBORO KING CITY LAKE OSWEGO MILWAUKEE MULTNOMAH COUNTY PORTLAND SALEM TIGARD TUALATIN WASHINGTON COUNTY IONESSEE DAVIDSON COUNTY NASHVILLE TEXAS AUSTIN Uim SALT LAKE COUNTY WIS-WE M MILWAUKEE After the Cable Act:. Franchising, Refranchising and Sale By Carl Pilnick The Cable Communications Policy Act of 1984 (the Cable Act) is the first comprehensive federal law establishing national cable regulatory guidelines and procedures. The law was enacted in October 1984, and became effective at the end of 1984. It therefore has been operative for about 2' /2 years. While many provisions of the Act have still to be tested and interpreted by the courts, some general conclusions and guidelines can be offered at this time. A major objective of the cable indus- try, in lobbying for the law, was to es- tablish franchise renewal procedures that would make it extremely difficult for any city not to renew an existing franchise. The Cable Act effectively accomplishes this (although it is true that even before the Cable Act was passed, an attempt to change franchisees was fraught with many practical difficulties). Apart from the renewal process, the Cable Act contains some other signifi- cant provisions, including the following: • The Act permits a city to require that the operator provide reasonable fa- cilities, equipment and channels for PEG use. The cost of these is exclusive of the franchise fee. • The Act prohibits a city from re- quiring ongoing operational support from the cable operator for PEG use. Thus, capital facilities can be required from the operator, but the operating costs to utilize these facilities must come from franchise fees, or other sources of funds. • Franchise fees up to 5 percent of gross revenues (with no exclusions) are permitted. No restriction is placed on how these fees are to be expended. • All rates are deregulated. • Cities are prohibited from exercis- ing any control or influence on program- Western City /July 1987 ming content, or which commercial services an operator chooses to offer. • Cities are permitted to establish, and enforce, consumer protection stan- dards and construction schedules. With respect to the renewal of fran- chises, the Cable Act establishes the fol- lowing procedures, in Section 626: (a) The franchising authority shall commence proceedings which incor- porate public involvement in: (1) iden- tifying the "future cable - related community needs and interests," and (2) reviewing the performance of the cable operator under the current fran- chise term. (b) The cable operator may, on its own initiative or upon request, submit a renewal proposal. The proposal shall contain "such material as the fran- chising authority may require, including proposals for an upgrade of the cable system," subject to consistency with Section 624 of the Act. (c) Within four months after the com- pletion of proceedings held under (a) above, the franchising authority shall either renew the franchise, or issue a preliminary assessment that the fran- chise should not he renewed. In the case of the latter, an adminis- trative hearing, with public notice and participation, must be held to consider whether: ­(A) The cable operator has substan- tially complied with the material terms of the existing franchise and with appli- cable law; "(B) The quality of the operator's ser- vice, including signal quality, response to consumer complaints and billing practices, but without regard to the mix, quality or level of cable services or other services provided over the system; has been reasonable in light of community needs; (Carl Pilnick is President ojTelecom- munications Management Corporation. Los Angeles.) "(C) The operator has the financial, legal, and technical ability to provide the services, facilities and equipment as set forth in the operator's proposal; and "(D) The operator's proposal is rea- sonable to meet the future cable - related needs and interests, taking into account the costs of meeting such needs and interests." At the conclusion of the administra- tive hearing, the franchise authority shall issue a written decision granting or denying renewal. (d) Any denial of renewal must be based solely upon adverse findings with respect to the criteria of (A) -(D) above. The operator then has the right to take the issue to court. No action can be taken to solicit other potential operators until a final court decision is rendered. In general, criteria (A) and (C), above, appear to offer no signifi- cant grounds for non - renewal. Most older franchises have virtually no re- quirements that a cable operator could be said not to be in compliance with, assuming the correct franchise fee has been paid. Furthermore, if a company has been operating a cable system in a community for 15 -20 years, it hardly could be asserted that the company no longer has the "financial, legal and technical ability" to continue to provide service. Criterion (B), at the least, would ap- pear to require a documented record of poor service, over a long time period, with a pattern of notification to the op- erator and non - responsiveness by the op- erator to such notification. This is difficult to establish, after the fact, for most older cable systems. Consequently, the key Cable Act criterion with respect to renewal is (D), which involves the following components: • Establishment of the commu- nity's "future cable- related needs and interests." • Determining whether the cost of meeting those needs and interests is reasonable. Obviously, these factors involve some degree of subjectivity, and there can be substantial differences of opinion be- tween cities and cable operators as to what services are "needed ", and what costs are "reasonable ". Even if a city is on relatively cordial terms with its cable operator and has no interest in refusing to renew the fran- chise, the procedural constraints of the Cable Act essentially constrict the re- newal negotiations to the two items listed above. Consequently, in order to have any significant leverage in negoti- ations, a city must be able to justify its determination of cable needs, and its de- termination that the related costs are not excessive. The "cable- related needs" include both commercial and non - commercial services. In the former area, cities can- not dictate the specific services to be provided, but can negotiate to ensure the cable system, in the renewal period, will have the capacity to offer those services commonly offered by cable systems in comparable communities. Achieving this objective might involve triggering mechanisms that require expansion of capacity based upon the average mix and level of service in a selected group of such comparable communities. In the noncommercial area, the Cable Act permits a community to require rea- sonable PEG (public /educational /gov- ernment) access facilities and channels. The ongoing operating expenses, how- ever, must be borne by the PEG users, which means that a city must be willing to budget operating expenses for govern- ment access, and probably for public access as well, since the latter group probably will have no other funding source. In effect, therefore, a city interested in government and/or public access (as- suming that educational users bear the cost of educational access) must be will- ing to establish a new department, with an ongoing budget. Since many cities may not be able to make this commit- ment at the time of franchise renewal, one approach is to tie the provision of PEG access facilities and channels by the cable company to the approval of a city utilization plan, with defined fund- ing sources for operating expenses. In this type of approach, the franchisee need not spend dollars for access facil- ities and channels unless the city is will- ing to commit appropriate operating expenses. Since the Cable Act has restrictcki the negotiating leverage Of cities during re- newal, a logical question is why a cable operator should agree to any PEG access commitment, or system upgrade, or other major item. One key negotiation factor that remains, however, is the du- ration of the renewal term, which is not specified in the Cable Act, so that it is decided between the two parties. One logical position for cities to take is that the term should be based upon the new cable system investment commit- ment the company is willing to make. If a substantial (enforceable) commitment is made, the term should be long enough to allow the company to recover its new investment, together with a reasonable rate of return. If, on the other hand, a company is not willing to commit to any significant new investment, there is no benefit, either to the city or the cable system sub- scribers, to grant a long renewal term. At the extreme, even a month -to -month renewal might be considered, for a "stand -pat" cable operator. It should be noted that a short renewal term does not mean that the operator can or will be displaced in the future. It does, however, make the operators' banks and other lending institutions somewhat nervous. Apart from the franchise term, the Cable Act permits cities considerable discretion in establishing, and enforcing consumer protection standards. These, if reasonable, can be imposed even with- out the operator's concurrence. They also can be a part of the renewal nego- tiation package. Finally, the Act permits a franchise fee of up to 5 percent of gross revenues. This also can be a negotiable item at re- newal. It should be noted, however, that if a city wishes to implement any sig- nificant access program, it may well ex- pend a substantial portion of its franchise fee for operating expenses. This may justify the maximum fee. The Cable Act is silent on the ques- tion of franchise transfers. In view of the growing aggregation of cable systems by a few large opera- tors, however, it is likely that transfers will be a major issue for some time to come. If both the city and the purchasing cable company agree that the existing franchise will continue to remain in force, without modification, then the only question for the city to consider is the financial and technical capability of the purchaser to continue to operate the cable systcm. In such cases, the transfer process is relatively routine. If, however, the purchaser desires modifications in the franchise (e.g., a request for extension of the franchise term is not unusual), then the transfer process begins to take on some of the aspects of a renewal, with one or more items subject to negotiation. A city gen- erally will have somewhat more leverage than in a normal renewal, since there are strong financial incentives on both the buyer's and seller's part to obtain city approval of the transfer, where such approval is required. The city is still required, however, to avoid being un- reasonable or arbitrary in refusing its consent. One other item is significant in trans- fers. Since these are almost exclusively for the benefit of the cable companies involved, the city's costs in reviewing and processing transfer requests should not be considered as normal franchise regulation costs, and should be directly recoverable from the buyer and/or seller, exclusive of the franchise fees. While the Cable Act constrains local governments in the renewal process, there still remains some negotiating leverage, which, if utilized effectively, can result in renewal agreements that are fair and reasonable for both parties. ■ TELECOMMUNICATIONS MANAGEMENT CORP. 5757 Wilshire Boulevard • Suite 344 • Los Angeles, California 90036 • (213)931 -2600 CARL PILNICK President EDUCATION: B.S.E.E., 1942; M.S., 1949 PRESENT POSITION (1972 - Present): ° President, Telecommunications Management Corp. (TMC), a Cable Television and Telecommunications Consulting Firm - Founded TMC in 1972 - Principal consultant on all assignments - Provided cable television consultant services to more than 250 local governments - Evaluated technical and financial performance of numerous cable systems - Provided telecommunications services to public agencies PRIOR EXPERIENCE (1946 - 1972) : ° President and Principal Consultant, Management and Technical Consulting Firm - Product /market planning for major computer manufacturer - Applications of data communications networks - Design of distributed processing networks - Tradeoff evaluation of data processing and telecommunica- tions alternatives ° Director of Engineering, Communications Equipment Manufacturer Directed product research, development and manufacture of communications and data systems. ° Executive Vice President, Electronic Testing Laboratory Directed operations of testing and simulation laboratory. ° Vice President, Electronic Systems Manufacturer Designed data - processing and communications systems, special - purpose computers, peripheral equipment. AUTHOR OR CO- AUTIiOR OF: ° "Cable Television: A Guide to the Technology" ° "Cable Television: Technical Considerations in Franchising Major Market Systems" ° "The Uses of Cable Communications" ° "Pay Television at the Crossroads" ° "Telecommunications in Education" ° "Management Aspects of Large Computer Systems" ° Member, Federal Communications Commission's Technical Advisory Panels _ j TELECOMMUNICATIONS MANAGEMENT CORP. 5757 Wilshire Boulevard • Suite 344 • Los Angeles, California 90036 • (213)931 -2600 MICHAEL J. FRIEDMAN Vice President EDUCATION: B.A., Communication Studies, UCLA, 1977 M.A., Communications Management, USC, 1980 TYPICAL RECENT EXPERIENCE: Eight years of cable consultant experience with TMC. ° Technical review of cable system construction and performance. ° Consultant support in cable television franchising and refranchising. ° Compilation of data base for cable television interconnection feasibility study. Study of status of new cable services. PRIOR EXPERIENCE: ° Consultant, The Choice Group ° Consultant, Applied Communications Management TELECOW4UNICATIONS MANAGEMENT CORP. MUNICIPAL CLIENTS (CABLE TELEVISION CONSULTANT SERVICES) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Portland & 1973, 74, Cable System Planning, Evalua- Steve Jolin, Dir. (503) 248 -558`_ Multnomah County, 75, 76, tion of Franchise Applications Office of Cable Oregon 77, 79, 80 Communications New Orleans 1974, 75 Cable System Planning, Pre- 1974 -75 (Office of (504) 536 -4137 79, 80, 81 paration of Franchise Require- the . "4ayor) ments, Evaluation of Franchise 1979 -81 City Coun- Applications, Negotiation of cil, Jon Eckert, Franchise Agreement Staff Hamilton County, 1974 -75 Regional Cable System Planning Hamilton County Ohio Preparation of Franchise Cable Commission, Requirements Robert Reckman, (609) 921 -3696 Commissioner, Dr. Roger Fransecky, Project Director Phoenix 1975 -80 Evaluation of Franchise Frank Fairbanks, (602) 262 -59•:1 Applications, Negotiation of Asst. to the Franchise Agreement, Monitor- City Manager ing of System Construction San Rafael 1975 Rate Analysis and Planning Raymond Meador, (415) 456 -1112 for New Cable Services Asst. City Mgr. Berkeley and 1975 Cable System Rate Analysis David Higgins, (415) 232 -121? Richmond Asst. City Mgr. (jointly) Richmond MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZA`JT OFFICIAL TELEPHONE NO. Metropolitan 1975 -76 Cable System Planning (County- CATV Special Comm- (6 15) 747 -4711 Government of wide), Preparation of Franchise ittee, John DaWitt, Nashville & Requirements Chairman; Joe Haas, Davidson County Planning Comm. Dir. Laguna Beach 1976 -78 Rate Analysis, Negotiation of Alfred Theal, City (714) 497 -3311 New Franchise Agreements Mgr., Richard Reese Dir. of Finance Fresno 1977 Rate Analysis James Aldredge, (209) 488 -1563 Asst. Chief Admin. Officer Hermosa Beach 1977 Rate Analysis Earl Diller, City (213) 376 -69n -1, Manager Santa Maria 1976 -30 Franchise Neqotiation, Rate Robert Grogan, (805) 925 -0 0.3. Analysis City Administrator San Jose 1977 Franchise and Rate Analysis Kent South, Dir. (408) 277 - 400') of Finance Napa 1977 Rate Analysis Kent Payne, Asst. (707) 252 - 771.:_ City Manager Jacksonville 1977 Evaluation of Franchise Lynwood Roberts, (904) 633 -3625 Applications President, City Council MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Daly City 1978 Rate Analysis Albert Polonsky, (415) 992 -4500 City Attorney Stockton 1978 Franchise Negotiation and Janet Gladfelter, (209) 944 -8333 Rate Analysis Deputy City Atty. Orange 1978 -79 Evaluation of Franchise James Aynes, (714) 532 -0351 Applications Deputy City Atty. Little Rock 1973 -79 Evaluation of Franchise Susan Fleming, (501) 371 -4510 Applications Office of City Mgr. San Leandro 1978 -79 Rate Analysis Richard Randall, (415) 577 -3351 Asst. City Mgr. Jacksonville Beach, 1979 -80 Evaluation of Franchise Wayne Bowers, City (904) 246 -4242 Atlantic Beach & Applications Mgr., Jacksonville Neptune Beach Beach (jointly) Chandler 1979 Evaluation of Franchise Arlene Rossell, (602) 963 -3111 Applications Asst. City Manager Monrovia 1979 Franchise Review and Jay Corey, Asst. (213) 359 -3231 Negotiation to City Manager MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTIivG TASK COGNIZANT OFFICIAL TELEPHONE NO. Minneapolis Suburbs 1980 Franchise Review, Solicita- Jack Irving, City (612) 537 -8421 (9 cities acting tion, Evaluation of Applica- Mgr., City of jointly) tions Crystal, Chairman of NW Suburbs Cable Communications Comm Buena Park 1980 Evaluation of Franchise Ray Gibbs, Asst. (714) 521 -9900 Applica -ions City Manager Minnesota Cable Design of Regional Inter- W.D. Donaldson, (612) 296 -2545 Communications Board 1980 connect System Exec. Director Milwaukee 1980 Franchise Ordinance Analysis Common Council, Tony Zielinsky, (414) 278 -2233 Staff Assistant Santa Ana 1980 Ordinance Review, Solicita- Dan Stone, (714) 834 -4136 tion and Evaluation of Asst. City Manager Franchise Applications St. Louis Suburbs 1980 Evaluation of Franchise Harold L. Dielmann, (314) 432 -6000 (18 cities acting Applications Mayor of Creve jointly) Coeur; Roy R. Bradbury II, P4ayor (314) 966 -4600 of Des Peres Boulder 1980 Expert Witness, Cable Alan Boles, Jr., (303) 441 -3020 Industry Asst. City Atty. MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL 'TELEPHONE NO. St. Louis Suburbs 1980 Evaluation of Franchise Norman Flyers, (314) 428 -5321 (7 cities acting Applications Fiayor of Overland; jointly) Peggy Baker, Alderman, City of Overland Lafayette /Moraga/ 1980 Financial Analysis of Ernest Marriner, (415) 284 -196E Contra Costa County Cable System, Negotiation City Manager of Franchise Agreement Cities of Bell 1980 Ordinance and RFP Preparation, Don Powell, City (213) 868 -0511 Gardens, Commerce, Evaluation of Franchise Manager, Santa Fe Downey, Lynwood, Applications Springs Paramount, Pico Rivera & Santa Fe Springs (jointly) I Chicago Suburbs 1980 I Ordinance and RFP Preparation, Beth Ruyle, (312) 687 -4050 (7 cities acting Evaluation of Franchise Executive Director, jointly) Applications South Suburban Mayors' and Mana- gers' Association Baltimore 1980 Needs Ascertainment, Cable Robert E. Smith, (301) 396 -1100 System Planning and Analysis, Cable Coordinator, Ordinance and RFP Preparation, Mayor's Office of Evaluation of Franchise Telecommunications Applications MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NUMBER San Luis Obispo 1980 Rate Analysis Geoffrey Grote (805) 541 -1000 Assistant City Attorney Metropolitan Area 1980 Ordinance and RFP Preparation, Michael G. Dowsett, (503) 644 -2191 Cable Commission Evaluation of Franchise City Attorney (Beaverton., Oregon) Applications Montgomery County, 1980 Needs Ascertainment, Cable John Hansman, (301) 279 -1536 Maryland System Planning and Analysis, Cable TV Project Ordinance and RFP Preparation, Manager Evaluation of Franchise Applications Cities of Reedley, 1980 Evaluation of Franchise Larry Rill-Ll, (209) 638 -6881 Dinuba, Kingsburg, Applications, Negotiation City Manager of Sanger & Selma of Franchise Agreement Reedley (jointly) —.. Orange County 1981 Interconnection System Fred Voss, Cable (714) 834 -2115 Study Coordinator Garden Grove 1981 Ordinance Review, Solicita- Gwen Wiesner, (714) 638 -6623 tion and Evaluation of Assistant City Franchise Applications Manager Multnomah County 1981 Ordinance Review, Solicita- Marjorie Lundell, (503) 248 -3902 tion and Evaluation of Project Manager Franchise Applications MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Miami 1981 Evaluation of Franchise Clark Merrill, (305) 579 -6888 Applications, Negotiation Assistant to the of Franchise Agreement City Manager Pasadena 1981 Public Ownership Feasibility Forrest Warren, (213) 577 -4222 Study, Evaluation of Franchise Advisor to the Applications, Negotiation of City Manager Franchise Agreement Gardena 1981 Ordinance Review, Solicitation Martin Reagan, (213) 327 -0220 and Evaluation of Franchise Assistant City Applications, Negotiation of Administration Franchise Agreement E1 Monte 1981 Evaluation of Franchise Appli- Douglas Dunlap, (213) 575 -2223 cations, Negotiation of Fran- Administrative chise Agreement Officer Cities of Dos Palos, 1981 Evaluation of Franchise Clifford Swanson, (209) 846 -9384 Firebaugh, Kerman, Applications, Negotiation City Administrator/ Mendota & San Joaquin of Franchise Agreement Engineer (jointly) Minneapolis 1981 Solicitation and Evaluation Greg Moore, Cable (612) 348 -2767 of Franchise Applications, Communications Negotiation of Franchise Officer Agreement Los Alamitos 1981 Solicitation and Evaluation Mitch Lansdale, (213) 431 -3538 of Franchise Applications, Director of Admin- Negotiation of Franchise istrative Services Agreement MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NUMIBER Oakland County 1981 Solicitation and Evaluation of Mark Wollenweber, (313) 541 -4300 Consortium Franchise Applications, Negotia- Chairman tion of Franchise Agreement City of Oak Park 1981 Evaluation of Franchise Applica- Mr. Aaron Marsh, (313) 547 -1331 tions, Presentation and Review City Manager of Results West Cook County 1981 Solicitation and Evaluation of Charles Lively, (312) 354 -0225 Consortium (5 Franchise Applications, Negotia- Chairman Chicago suburbs) tion of Franchise Agreement Chicago Cable TV 1981 Expert Testimony Doug Cassel, Assoc. (312) 641 -5570 Commission Director Hawthorne 1981 Evaluation of Franchise Appli- Harry A. Reeves, (213) 970 -79,)% cations, Negotiation of Fran- Chief of Special chise Agreement Services Sunnyvale 1982 Evaluation of Lxisting Franchi: e, Judy Xelsey, Asst. (408) 738 -5421') Preparation of Refranchise City Manager Material, Solicitation and Eval- uation of Proposals, Negotiation of Franchise Agreement and Transition Indio 1982 Evaluation of Existing Franchise, W. Phillip Hawes, (714) 347 -2351 Preparation of Refranchise City Manager Material, Support in Franchise Negotiations MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Pinole 1982 Evaluate Cable System Performance, Don Bradley, City (415) 724 -9000 Preparation of Refranchise Docu- Manager ments, Support in Franchise Nego- tions New Orleans 1982 Support services in Connection Joseph Womble, Dir. (504) 586 -4629 with Franchise Modifications Utilities Dept. Livonia 1982 Solicitation and Evaluation of Robert L. McCann, (313) 421 -2000 Franchise Applications, Nego- President tiation of Franchise Agreement City Council Hillsborough 1982 Planning and Feasibility Study, Robert M. Davidson, (415) 343 -2795 Ordinance and RFP Preparation, City Manager Evaluation of Applications, Negotiation of Franchise Agree- ment W. Oakland County 1982 Planning and Feasibility Study, J. Michael Dornan, (313) 624 -4?:7 Cable Study Ordinance and RFP Preparation, City Manager, Evaluation of Applications, Nego- City of Walled Lake tiation of Franchise Agreement Bloomfield Township 1982 Planning and Feasibility Study, Fred Korzon, (313) 644 -6161 Ordinance and RFP Preparation, Supervisor Evaluation of Applications, Nego- tiation of rranchise Agreement MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. La Puente 1982 Planning and Feasibility Study, Gordon L. Oehl, (213) 330 -4511 Ordinance and RFP Preparation, City Manager Evaluation of Applications, Nego- tiation of Franchise Agreement Yorba Linda 1982 Evaluation of Existing Franchise, Arthur C. Simonian, (714) 777 -5000 Preparation of Refranchise City Manager Material, Support in Franchise Negotiations Phoenix 1982 Ongoing Consultant ;,ssistance, Ms. Terry Parker, (602) 252 -6051 Development of a recommended Telecommunications plan for municipal use of Officer cable system, Coordination with City agencies and cable Licensees Monrovia 1982 Ongoing Consultant !•.ssistance, Ms. Jean Kennedy, (213) 359 -3231 Negotiations with Franchisee Assistant to the and Review of Cable System City Manager Construction San Gabriel 1982 Planning and Feasibility Study, Robert D. Clute, (213) 282 -4104 Ordinance and RFP Preparation, City Administrator Evaluation of Applications, Nego- tiation of Franchise Agreement Multi,cm, -1, Cou: �_-y 1982 Ongoing Consultant Assistance, Ms. Marjie Lundell, (503) 248 -3576 Review of Draft Cable Television Project Manager Franchise Agreement, Review of Proposed Franchise Agreement MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Oxnard 1982 Evaluation of Existing Franchise, Stan Greene, (805) 486 -4311 Preparation of Franchise Agreement, Assistant City Negotiation of Transfer of Fran- Manager chise Agreement Salt Lake County 1982 Evaluation of Current Franchises Ms. Jann Taylor, (801) 535 -7337 and Operating Cable Systems, Chairperson Review of Regulatory Capability and Constraints, Review of Current State of Art, Communica- tions Needs Assessment West Bloomfield 1982 Planning and Feasibility Study, John N. Doherty, (313) 682 -1200 Township Ordinance and RFP Preparation, Supervisor Evaluation of Applications, Nego- tiation of Franchise Agreement Countryside, 1982 Preparation of Draft Franchise Carl W. LeGant, (312) 354 -7279 Illinois Award Ordinance, Support in Mayor Franchise Negotiations Pismo Beach 1982 Franchise Renegotiations Ray Gibbs, City (805) 773 -4657 Administrator Burnsville /Eagan 1982 Evaluation of Franchise Proposals Paul Wood, Chairman (612) 454 -810 Joint Cable Joint Cable Commission Commission (Minnesota) MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Chino 1982 Planning and Feasibility Study, Joe Guzzetta, (714) 627 -7577 Ordinance and RFP Preparation, Assistant to the Evaluation of Applications, Nego- City Manager tiation of Franchise Agreement Support, Coordination of System Implementation and Compliance Lakewood 1983 Monitoring and Reviewing the Michael Stover, (213) 866 -9771 Construction and Installation of Assistant to the the Cable System; Consult with City Administrator City staff on issues arising from cable system construction Westland 1983 Needs Assessment, Planning and Ms. Dale Farland, (313) 721 -60.'C Feasibility Study, Ordinance and Director, Department RFP Preparation, Evaluation of of Planning Applications, Negotiation of Franchise Agreement Support Chico 1983 Conduct Cable Study Session for Fred Davis, (916) 895-'} City officials, Review of Cable City Manager System Performance, Review of Relevant, Current State -of- the -Art, Review of Regulatory Ability, Recommendations and Preparation of Franchising and Refranchising Guidelines and Documents, Support in Franchise Negotiations Santa Maria 1983 Ongoing Consultant Assistance, Robert F. Grogan, (805) 925 -,9 Financial Analysis City Administrator MUNICIPAL CLIENTS (CONTD.) CITY 01:, COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Simi Valley 1983 Planning and Feasibility Study, Diane Davis - Crompton, (805) 522 -1333 Ordinance and RFP Preparation, Human Resources Evaluation of Applications, Director Negotiation of Franchise Agree- ment Support - Poway 1983 Review of Existing Franchises, Lee Lewis, Director (619) 748 -6600 Review of Relevant, Current Community Services State -of- the -Art, Review of Department Existing Cable System Operators' Performance, Recommendations and Preparation of Refranchise Guide- lines and Documents, Support in Franchise Negotiations Norco 1983 Planning and Feasibility Study, John Donlevy, (714) 735- 3� -�.�: Ordinance and RFP Preparation, Interim City Manager Evaluation of Applications, Negotiation of Franchise Agree- ment Support Cudahy 1983 Solicitation of Proposals, Gerald Caton, (213) 773 -5'_4: Evaluation of Applications, City Manager Negotiation of Franchise Agree- ment Support Saginaw 1983 Review of Existing Cable System Tom Dalton, (517) 776- '..':: Operators' Performance, Review of City Manager Relevant, Current State- of -the- Art, Review of Regulatory Ability, Recommendations and Preparation of Refranchise Guidelines and Docu- ments, Support in Franchise Negotiations MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Coronado 1983 Review of Existing Cable System Ray Silver, (619) 435 -2211 Operators' Performance, Review City Manager and Update Existing Ordinance, Rate Analysis, Negotiation of Franchise Agreement Support Minneapolis Suburbs 1983 Ongoing Consultant Assistance Greg Moore, (612) 536 -8355 (9 cities acting Commissioner jointly) Gardena 1983 Ongoing Consultant Assistance Martin Reagan, Asst. (213) 327 -0220 City Administrator District of Columbia 1983 Ordinance and RFP Preparation, Antonio P. Ruiz, (202) 727 -2546 Evaluation of Franchise Appli- Executive Director, cations, Briefings and Advisory D.C. Cable TV Design Support in Franchise Negotia- Commission tion Los Altos 1983 Planning and Feasibility Study, George Sanregret, (415) 948 -1491 Ordinance and RFP Preparation, City Manager Evaluation of Applications, Negotiation of Franchise Agree- ment Support Baldwin Park 1983 Planning and Feasibility Study, Ralph Webb, (213) 960 -4011 Ordinance and RFP Preparation, City Manager Evaluation of Applications, Negotiation of Franchise Agreement Support MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Pico Rivera 1983 Solicitation and Evaluation of Robert L. Williams, (2 13) 723 -3191 Applications, Support in Fran- City Manager chise Agreement Negotiation Austin 1983 System Analysis, Needs Ascer- Ms. E. Louise Ille, (512) 477 -6511 tainment, Cost Effectiveness Senior Contract Analysis, Design of Generic Specialist, Purchas- System Interface Components and ing Department Packages, Development of Moni- toring, Usage and Training Plans (Institutional Network) Orion Township and 1983 Planning and Feasibility Study, Mrs. Beth Dumala, (313) 693 -6201 Village of Lake Ordinance and RFP Preparation, Cable Communications Orion Evaluation of Applications, Commission Support in Franchise Agreement Negotiations Springfield, Illinois 1983 Review of Cable System Perfor- Robert M. Rogers, (217) 789 -2393 mance, Review of Current State- Assistant Corpora - of -Art, Review of Regulatory tion Counsel Ability, Recommendations and Preparation of Franchising Guidelines and Documents, Support in Franchise Negotia- tions Shaker Heights 1983 Review of Cable System Perfor- William J. Schuchart, (216) 752 -5000 mance, Review of Current State- Chief Administrative of Art, Review of Regulatory Officer Ability and City Options, Recommendations and Preparation of Franchising Guidelines and Documents, Support in Franchise Negotiations MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Martin County, 1983 Review and Redrafting of Michael H. Olenick, (305) 283 -6760 Florida Ordinance, Attendance of any County Attorney Relevant Briefings and Public Hearings Cypress 1983 Evaluation of Franchise Appli- David Barrett, Asst. (714) 828 -2000 cations, Support in Franchise City Manager Agreement Negotiations Jacksonville Beach 1983 Ongoing Consultant Assistance, John Write, (904) 249 -2381 Financial Analysis City Manager Baltimore 1983 Ongoing Consultant Assistance, Arthur Fournier, (301) 396 -1100 Review of Current Request for City Purchasing Proposals, Recommendations for Agent RFP tiodification and Prepara- tion of Final RFP Documents, Evaluation of Franchise Appli- cations, Support in Franchise Agreement Negotiations Multnomah County 1983 Ongoing Consultant Assistance, Marjie Lundell, (503) 248 -3576 Monitor system construction Cable Officer and technical standards, Review requests from cable company for variances, design changes, etc. Rancho Cucamonga 1983 Planning and Feasibility Study Robert A. Rizzo, (714) 9 89-185 1 and Policy Development, Assistant to Ordinance and RFP Preparation, City Manager Evaluation of Applications, Negotiation of Franchise Agree- ment Support, Monitor System 1.V 1151..E UC: L1 V11 d11U I1,trV1l✓W l.Ulll- plian ce of Franchisee MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Hinsdale, Burr Ridge, 1984 Planning and Feasibility Study Bohdan J. Proczko, (3 12) 789 -7013 Clarendon Hills and and Policy Development, Assistant Village Willowbrook Ordinance and RFP Preparation, Manager, Hinsdale Evaluation of Applications, Negotiation of Franchise Agree- ment Support, Monitor System Construction and Review Com- pliance of Franchisee Gilbert, Arizona 1984 Evaluation of Applications, Rich Oesterle, (602) 892 -0800 Advisory Support in Preparation Assistant Town of Regulatory Ordinance and Manager Franchise Agreement, Negotia- tion Support Livermore 1984 Review Existing Franchises and Lee Horner, City (415) 449 -4020 Regulatory Ability, Review of Manager Current State -of -Art, Review of Cable System Operator Perfor- mance, Recommendations and Pre- paration of Refranchising Guidelines and Documents, Support in Franchise Negotia- tions County of Nevada 1984 Evaluation of Technical Michael P. Hill (916) 265 -1415 Portions of Cable Television Department of Proposal Public Works Norwalk 1984 Conduct Cable Television Ray Gibbs, City (213) 929 -2677 Seminar Administrator MUNICIPAL CLIENTS (CONTD.) CITY OF COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Santa Ana 1984 Ongoing Consultant Assistance, John Palacio, Asst. (7 14) 834 -4131 Review Current Franchisee to the City Manager Performance, Analyze Fran- chisee's Request for Agreement Revisions, Recommend City Strategy for Franchise Agree- ment Renegotiation Arcadia 1984 Review Existing Franchise (Steven R. Bocian, I (818) 574 -5402 I Ordinance and Agreement, (Asst. to the City Recommendations and Prepara- Manager tion of Refranchising Guide- lines and Documents, Support in Franchise Negotiations Bell 1984 Solicitation of Proposals, Byron L. Woosle_v, (213) 588 -6211 Evaluation of Proposals, Director, Dept. of Advisory Support, Briefings Community Services and Franchise Negotiations Garden Grove 1984 Ongoing Consultant Assistance, (Mike Fenderson, (7 14) 638 -6673 Review of Franchisee Perfor- Assistant City ance, Review of Franchisee Manager Request for Modifications, Support in Franchise Negotia- tions New Orleans 1984 Ongoing Consultant Assistance, Chuck Lampkin, (504) 586 -3959 Meetings, briefings and dis- Office of Telecom - cussions with Price, Waterhouse munications personnel with regard to the New Orleans cable system opera- tions, financial and technical performance MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Los Alamitos 1985 Ongoing Consultant Assistance, Mitch Lansdale, (213) 431 -3538 Review and analyze Franchisee Director of Admin- performance, Compliance with istrative Services Franchise Agreement and Cable Television Regulatory Ordinance Saginaw 1985 Ongoing Consultant Assistance, Gerold 0. Werle, (517) 776 -1406 Cable Television Franchise Community Informa- Renewal Negotiation Assistance tion Coordinator Santa Cruz 1985 Evaluation of Cable Television William M. Marti- (714) 641 -5100 (City and County) Franchise Applications corena, Attorney Laguna Beach 1985 Ongoing Consultant Assistance, Richard P. Reese, (714) 497 -3311 Review City Code and Ordinance Director of in connection with cable tele- Finance vision system ownership trans- fer, Recommendations for Modi- fications, Negotiation Support Peoria 1985 Presentation of Options and Brian M. Nemenoff, (309) 672 -8520 Objectives, Review of Cable City Attorney System Performance, Review of Relevant, Current State -of -Art, Support in Franchise Negotia- tions Oak Park 1985 Ongoing Consultant Assistance, Aaron Marsh, (313) 547 -1331 Review Franchisee Annual City Manager Report and Franchisee Request for Franchise Modifications MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. San Leandro 1985 Ongoing Consultant Assistance, Michael A. Oliver, (415) 577 -3352 Review Existing Franchises, Senior Administra- Review Cable System Performance tive Assistant Review Relevant, Current State - of -Art, Review Regulatory Ability, Review Options, Recommendations and Preparation of Franchising Guidelines and Documents, Support in Franchise Negotiations Alameda County 1985 Review of Existing Franchise, Jim Dowd, Proj. Mgr. (415) 881 -6651 Review Cable System Performance, Public Works Agency Review Relevant, Current State- of-Art, Review Regulatory Ability, Review Options, Recommendations and Preparation of Franchising Guidelines and Documents, Support in Franchise Negotiations El Monte 1985 Ongoing Consultant Assistance, Leonard Therrien, (818) 575 -222 Review Franchisee Request for Asst. Administrative Modifications and Financial Officer Justification, Support During System Review, Support in Franchise Negotiations Martin County 1985 Ongoing Consultant Assistance Michael H. Olenick, (305) 283 -6760 Review Draft Ordinance County Attorney Orange County 1985 Ongoing Consultant Assistance Fred Voss, Director (714) 834 -4785 Evaluation of Franchise General Services Application Agency MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Town of Hillsborough 1985 Ongoing Consultant Assistance, Robert M. Davidson, (415) 343 -2795 Evaluation of Franchise City Manager Application, Support in Fran- chise Negotiations Santa Monica 1985 Review of City Reports to Susan Miller, (213) 458 -8301 Establish Renewal Objectives, Office of the City Briefings to City Officials of Manager Findings and Recommendations El Segundo 1985 Review Relevant, Current State- Jack Ruis, Director (2 13) 772 -1305 of Art, Technical Review and Recreation and Parks Audit of Existing Cable System and Operator Performance, Review of Feasible Cable System. Ownership and Management Options, Participation in Meetings and Briefinas Little Rock 1985 Ongoing Consultant Assistance, Ms. Susan Fleming, (501) 371 -4510 Cable System Compliance Review City Manager and Audit, Participation in Meetings and Briefings Burton & Middlefield 1985 Review Franchise Application, Stephen M. O'Bryan, (216) 241 -3141 Preparation of draft Franchise Attorney Agreement, Preparation of draft Franchise Ordinance, Support in Franchise Negotiation MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Whittier 1985 Technical Evaluation of Cable Ms. Jan Murphy, (213)945 -8228 System, Recommendations for Administrative City Action, Support in Fran- Analyst chise Enforcement Peoria, Arizona 1985 Review and Update City's Cable Dennis Tinberg, (602) 979 -3720 Television Ordinance(s), Review City Manager of License Application, Support in License Negotiations, Review Performance and Compliance with License Gardena 1986 Ongoing Assistance, Cable Mitchell G. Lansdell, (213) 327 -0220 System Compliance Review and Assistant City Audit, Participation in Manager Meetings and Briefings Lancaster 1986 Review Franchise Ordinance and Dennis E. Davenport, (805) 945 -7811 Recommend New Regulatory and Assistant City Consumer Protection Ordinance Manager Draft, Prepare Franchise Transfer Ordinance Draft Sausalito 1986 Evaluation of Franchise Michael Fuson, (415) 332 -0779 Application, Participation in City Manager Meetings and Briefings Hawthorne 1986 Ongoing Assistance, Review Harry A. Reeves, (213) 970 -790() Franchise Transfer Request and Chief of Special Supporting Justification, Services Support in Franchise Negotia- tions MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Los Angeles County 1986 Study Feasibility of County- James C. Thornton, (213) 738 -2310 wide Cable System Interconnec- Principal Real tion; Review Intercommunication Property Agent, Needs; Develop Pilot Program Facilities Management for Regional Interconnect of Department Cable Systems and Linking of County Facilities; Review Criminal Justice Cable Communi- cations Needs and Propose Methodology to Meet those Needs Norco 1986 Ongoing Consultant Assistance, Ronald E. Cano, (714) 735 -3900 Cable System Completion and City Manager Compliance Review, Participa- tion in Meetings and Briefings Salem 1986 Review and Evaluate Existing Rick Scott, Adminis- (503) 588 -6255 Cable System; Preparation of trative Assistant Request for Renewal Proposal; Evaluation of Renewal Proposal; Support in Franchise Renewal Culver City 1986 Evaluation of Existing Cable Joe Pannone, City (213) 202 -5835 System; Preparation of Draft Attorney Regulatory Ordinance; Support in Franchise Transfer and Refranchising /Renewal Process Fairfield 1986 Evaluation of Transferee Charles A. Long, (707) 428 -7398 Qualifications, Proposed Assistant City Conditions of Transfer and Manager Possible Public Benefits; Negotiation of Transfer Agreement MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Santa Clara County 1987 Preparation of Cable Television Ms. Sally Logothetti (408) 299 -4908 Regulatory and Consumer Protec- Management Analyst tion Ordinance Draft; Support Effort to Provide Service to Unserved Areas of County - San Pablo 1987 Technical Review and Evaluation Mrs. Charlotte (415) 234 -6441 of Cable System; Preparation of Maggard, City Clerk Cable Television Regulatory and Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal; Support in Franchise Renewal Garden Grove 1987 Ongoing Consultant Services; Ms. Kathy Roth (7 14) 638 -6674 Updating Cable Ordinance and Senior Administrative Franchise Agreement; Develop Assistant Consumer Protection Ordinance Palm Springs 1987 Technical Review and Evaluation Dallas Flicek, (619) 323 -8201 of Cable System; Preparation of Assistant City Cable Television Regulatory and Manager Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal; Support in Franchise Renewal Santa Fe Springs 1987 Ongoing Consultant Services; Frederick Latham, (213) 868 -0511 (5 -city consortium) Assistance in Franchise Assistant City Transfer Request Manager MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Benicia 1987 Technical Review and Evaluation Michael Roetzer, (707) 746 -4215 of Cable System; Preparation of City Council Member Cable Television Regulatory and Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal; Support in Franchise Renewal Springfield 1987 Franchise Compliance Audit and Robert M. Rogers, (2 17) 789 -2393 Performance Review; Participa- Assistant Corporation tion in System Review Sessions, Counsel Briefings and Meetings Rohnert Park 1987 Technical Review and Evaluation Joe Netter, (707) 795 -2411 of Cable System; Preparation of Assistant to the Cable Television Regulatory and City Manager Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal and /or Preparation of Draft Franchise Agreement; Support in Franchise Renewal Negotiations Rancho Cucamonga 1987 Ongoing Consultant Services; Robert A. Rizzo (714) 989 -1851 Performance Review Services; Assistant City Support of Franchise Transfer; Manager Review of Franchisee Expansion and Renewal Proposal; Support of the Franchise Renewal Process MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Sonoma 1987 Technical Review and Evaluation Brock Arner (707) 938 -3681 of Cable System; Preparation of City Manager Cable Television Regulatory and Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal and /or Preparation of Draft Franchise Agreement; Support in Franchise Renewal Negotiations New Orleans 1987 Evaluation of I -Net Status and Edward Arnold, (504) 586 -4627 Condition; Cost - Effectiveness Dept. of Utilities Analysis; I -Net Management, Utilization and Development Plan; Participation in Briefings and Meetings Santa Monica 1987 Ongoing Consultant Services; Lynne Barrette, (213) 458 -8301 Preparation of Draft Franchise Assistant City Transfer and Renewal Agreement, Manager and Development of Renewal Objectives; Support in Franchise Negotiations Charleston 1987 Technical Review and Evaluation William A. Sunderman,(217) 345 -5650 of Cable System; Preparation of City Attorney Cable Television Regulatory and Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal and /or Preparation of Draft Franchise Agreement; Support in Franchise Renewal Negotiations MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Willows 1987 Review of Draft Cable Russell Melquist, (916) 934 -7041 Television Ordinance City Manager Anne Arundel County, 1987 Technical Review and Evalua- Chauncey Berdan, (301) 280 -1211 Maryland tion of Cable Systems (2); Cable Television Financial Review and Evalua- Coordinator tion of Cable Systems; Survey and Assessment of Public, Educational and Government Cable - Related Needs; County Refranchising and Development Plan; Evaluation of Renewal Proposals; Support in Franchise Renewal Hillsborough County, 1987 Geographic Study of Overlapping Frank Turano, (813) 272 -5217 Florida and Overbuilding of Hills- Cable Television borough County, Florida, Administrator Current Cable Television Franchises Culver City 1987 Ongoing Assistance, Review of Joseph W. Pannone, (213) 202 -5835 Franchise Transfer Data City Attorney E1 Segundo 1987 Ongoing Assistance, Review of Robert Wynn, Director (213) 772 -1303 Proposal to Rebuild Cable Recreation and Parks System Department Beverly Hills 1988 Monitoring and Reviewing Fred Cunningham, (213) 285 -101; Upgrade /Rebuild Plans, Director, Community Procedures and Actual Con- Services and Public struction; Monitoring, Affairs Reporting and Resolving t-omplaints ana uisputes as Result of Upgrade /Rebuild MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Public Cable 1988 Prepare report to Board of Howard G. Stephens, (714) 968 -202, Television Authority Directors discussing and Executive Director ;Cities of Stanton, quantifying the advantages of Fountain Valley, a public agency owning and Westminster and operating a cable television Huntington Beach,CA) system, and a valuation of future interest in the system. Cypress 1988 Review Results of FCC Proof -of- David Barrett, (714) 229 -6700 Performance Tests conducted on Assistant City Cable System Manager Westlake Village 1988 Technical Review and Evaluation Robert Theobald, (818) 706 -1613 of Cable System; Preparation Planning Director and /or Review of a Cable Regulatory and Consumer Protec- tion Ordinance Draft; Evaluation of Renewal Proposal; Support in Franchise Renewal Albany 1988 Technical Review and Evaluation Steve Salomon, (415) 528 -5710 of Cable System; Support in City Administrator Franchise Renewal E1 Segundo 1988 Cable Television Regulatory Robert Wynn, Director(213) 322 -3842 Ordinance Preparation; Support Recreation & Parks in Franchise Negotiations Department MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Agoura Hills 1988 Technical Review and Evaluation Vince Mastrosimone (818) 889 -9114 of Cable System; Preparation Director, Public and /or Review of a Cable Works Regulatory and Consumer Protec- tion Ordinance Draft; Evalua- tion of Renewal Proposal; Support in Franchise Renewal Los Altos Hills 1988 Review and Report on Draft George Scarborough (415) 941 -7222 Franchise Agreement; Comparison City Manager of Franchise Proposals with Draft Agreement Martin County, FL. 1988 Evaluation of Franchise Noreen S. Dreyer (407) 288 -5442 Application; Briefing of County Attorney County Staff and Board Palm Springs 1988 Ongoing Consultant Services; Allen F. Smoot (619) 323 -8163 Support in Franchise Negotia- Director of Aviation tions; Briefings and Meetings Garden Grove 1988 Ongoing Consultant Services; Kathy Roth (714) 741 -5285 Three Year Cable System Review; Administrative Oversee Cable Franchise Trans- Services Manager fer Process New Orleans 1988 Ongoing Consultant Services; Jon Eckert, Director (504) 586 -4157 Review of Proposed Cable TV Council Research Bingo Operations MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL I TELEPHONE NO. San Leandro 1988 Ongoing Consultant Services; Marck C. Adcock (415) 577 -3352 Evaluation of Cable Television Assistant to Franchise Transfer /Changes in City Manager Control Documents; Recommenda- tions for City Action San Carlos 1988 Support in Establishing Joint Michael P. Garvey (415) 593 -8011 Cable Television Regulatory City Manager Structure; Support in Regula- tory Negotiations; Support in Refranchising and /or Franchise Renewal Efforts Chico 1988 Ongoing Consultant Services; John H. Dougherty (916) 895 -480; Evaluation of Cable Television Assistant City Franchise Transfer; Review of Manager Existing Franchise Require- ments; Recommendations for City Action Turlock 1988 Preparation of Cable Televi- Carl 0. Waggoner (209) 668 -5579 sion Regulatory and Consumer City Attorney Protection Ordinance Drafts; Evaluation of Cable System and Recommendation of Renewal Objectives; Support in Fran- chise Renewal Negotiations Whittier 1988 Ongoing Consultant Services; Robert Griego (213) 945 -8228 Support in Meeting Franchise Assistant City Renewal Requirements of Cable Manager Communications Policy Act of 1984; Support in Franchise Renewal Negotiations MUNICIPAL CLIENTS (CONTD.) CITY OR COUNTY YEAR NATURE OF CONSULTING TASK COGNIZANT OFFICIAL TELEPHONE NO. Rancho Mirage 1989 Technical Review and Evaluation Carl Hatfield, Jr., (619) 324 -4511 of Cable System; Preparation of City Manager a Cable Television Regulatory and Consumer Protection Ordinance Draft; Evaluation of Renewal Proposal; Support in Franchise Renewal Los Angeles County 1989 Video Training Pilot Project James C. Thornton, (213) 738 -3456 for Regional Interconnect of Principal Real Cable Systems and Linking of Property Agent, County Facilities; Preparation Facilities Manage - of Project Plan; Management of ment Department Project; Evaluation and Recommendations for the Future Rancho Cucamonga 1989 Ongoing Consultant Services; Diane O'Neal, (714) 989 -185'. Support in Franchise Renewal Administrative Negotiations; Participation in Analyst Briefings and Meetings